City of Oak Creek
Common Council Report
Meeting Date: March 15, 2005
Item No.: 16
Recommendation: That the Common Council approve the Termination Agreement between the City of Oak Creek and Erv Larsen Landscape & Supplies, Inc., and approve Resolution No. 10492-031505, terminating the contracts with Erv Larsen Landscape & Supplies Inc., for Project Nos. 99001 and 00008 (All Aldermanic Districts).
Background: These projects involved the installation of street trees in various locations citywide and were authorized by the Common Council as part of the Capital Improvement Program. A contract Termination Agreement was signed, in which the City kept the contract retainage amounts as damages in lieu of the Contractor completing the final tree replacements. The City Attorney reviewed and approved the Termination Agreement.
Fiscal Impact: No final payment is to be paid to the Contractor.
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Prepared by:
J. John Ozolins Senior Engineering Technician |
Respectfully submitted:
Barbara S. Blumenfield, Ph.D. City Administrator |
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Approved by:
Douglas A. Schachtner Director of Parks, Recreation & Forestry |
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Fiscal review by:
Beverly A. Buretta, CMC City Clerk |
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T:\Shared\WPFILES\CCREPORT\99001, 00008, Contract Termination.doc
RESOLUTION NO. 10492-031505
BY:________________________________________
ERV LARSEN LANDSCAPE & SUPPLIES, INC.
VARIOUS LOCATIONS CITY WIDE
1999 & 2000 TREE PLANTING PROGRAMS
PROJECT NOS. 99001 & 00008
(ALL ALDERMANIC DISTRICTS)
WHEREAS, the City of Oak Creek, hereinafter referred to as the City, and Erv Larsen Landscape & Supplies, Inc., hereinafter referred to as the contractor, entered into contracts whereby the Contractor agreed to perform certain public works under Project Nos. 99001 and 00008 for the installation of street trees in the City of Oak Creek, in accordance with plans and specifications prepared by the Director of Parks & Recreation for the agreed price of $79,529.00 (99001) & $105,476.00 (00008); and,
WHEREAS, said total final contract prices have been determined to be $71,682.00 (99001) & $94,577.00 (00008) as computed by the Director of Parks, Recreation and Forestry using actual quantities, as measured, additions and deletions to the contract, and contract unit prices; and,
WHEREAS, the contracts with the Contractor have been terminated per the Contract Termination Agreement, dated September 17, 2004
WHEREAS, the Director of Parks, Recreation and Forestry has submitted his final report certifying that the projects have been completed and recommends a final termination of the contracts be made, and that there remains a balance on account, the sum of $0.00.
NOW, THEREFORE, BE IT RESOLVED that the recommendation and report prepared by the Director of Parks, Recreation and Forestry be accepted.
BE IT FURTHER RESOLVED that the City of Oak Creek does hereby accept the workmanship furnished by the Contractor, subject, however, to all guarantees and other obligations set out in the contract which the City of Oak Creek hereby reserves, if any, and subject to the right of the City of Oak Creek to commence an action or file a third party claim against the Contractor in the event that an action is commenced by anyone against the City of Oak Creek as a result of alleged injuries or wrongful death as a result of the condition of the work site or any other condition related to this project.
Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 15th day of March, 2005.
Passed and adopted this 15th day of March, 2005.
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President, Common Council
Approved this 15th day of March, 2005.
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Mayor, City of Oak Creek
ATTEST:
__________________________ VOTE: AYES ______ NOES ______
City Clerk
T:\Shared\WPFILES\CCREPORT\99001, 00008, Contract Termination.doc