HomeMy WebLinkAbout4.08 Historic Park Terminate AgmtG~~~ OF Dp~~~
i9~ ~-~~•~8z TA CITY CLERK
``~,~~ S FF REPORT
`~~IC~ ~~ DUBLIN CITY COUNCIL File # ^~~~-3^0
DATE: June 1, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE . City Manager Authorization to Terminate Agreement Relating to Dublin
Historic Park Phase I Project
Prepared By: John D. Bakker, City Attorney
EXECUTIVE SUMMARY:
Due to circumstances surrounding the Dublin Historic Park Phase I Project construction, Staff
requests that the City Council authorize the City Manager to terminate the City's agreement with
Elite Landscaping, Inc., effective May 21, 2010. This action will ratify the action taken by the
City Manager on May 21, 2010.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council give the City Manager authority to terminate the City's
Agreement with Elite Landscaping, Inc. relating to the Dublin Historic Park Phase I Project,
effective May 21, 2010.
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Submitted By
City Attorney
L~
Review y
Assistant City Manager
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DESCRIPTION:
On December 16, 2008, after the City completed a competitive bid process in compliance with
Public Contract Code sections 20160 et seq., the City Council awarded a contract to Elite
Landscaping, Inc. for the performance of certain work constituting the Dublin Historic Park
Phase I Project (the "Project"). The work on the project is approximately 50% complete.
Subsequent issues with the Project have resulted in the need to terminate the Agreement with
Elite Landscaping, Inc., effective May 21, 2010. On that date, the City Manager notified Elite
Landscaping, Inc. that the agreement was immediately terminated. Said termination was
pursuant to the General Conditions included in that Agreement was well as pursuant to statutes
and legal authorities applicable to the Project. Out of an abundance of caution, Staff requests
that the City Council specifically authorize the City Manager to terminate the City's Agreement
with Elite Landscaping, Inc., effective May 21, 2010. This will effectively ratify the action taken
by the City Manager on May 21, 2010.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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