To: Mark R. Hafner, City Manager
From: Alonzo Liñán, Public Works Director
Subject:
Title
Consider a resolution canceling the agreement approved by Resolution No. 4573 on October 4, 2022 with O&J Coatings, Inc. of Hurst, Texas, effective January 17, 2023.
Action Requested:
Cancel the agreement approved by Resolution No. 4573 on October 4, 2022, with O&J Coatings, Inc. of Hurst, Texas, in the amount of $1,795,363.00, effective January 17, 2023.
Background:
On September 15, 2022 seven (7) bids were received for the Rehabilitation of the Pearson Ground Storage Tank #1 project. Staff, with the assistance of an engineering consultant, reviewed the bids and references and recommended O&J Coatings, Inc. of Hurst, Texas be awarded the contract. City Council approved the resolution on October 4, 2022.
After the construction contract was executed, but prior to starting construction, the contractor repeatedly failed various times to submit contractually obligated information. Staff, with the assistance of an engineering consultant, requested numerous times the required information but to no avail. There is a limited window of time during the fall and winter that this water tank can be taken out of service for rehabilitation work. The failure of the contractor to provide the basic required information left staff with no choice but to recommend canceling the contract. The project will be re-bid over the summer.
Financial Impact:
N/A
Legal Review:
The City Attorney has reviewed and approved.
Alternatives:
City Council has the following alternatives:
- Approve as submitted
- Approve with changes
- Denial
Council Action:
Staff recommends approval of the proposed resolution as presented.