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HomeMy WebLinkAboutRES 2001-018 RESOLUTION NO. 2001-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, TERMINATING ITS CONTRACT WITH PRECISION GOLF, INC.; FINDING AND DECLARING AN EMERGENCY TO COMPLETE THE NECESSARY CONSTRUCTION WORK ON THE GRAPEVINE MUNICIPAL GOLF COURSE; AUTHORIZING EXPENDITURES FOR THE COMPLETION OF SAID WORK; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine (the "City") approved a contract, after completing the statutory competitive bidding requirements, with Precision Golf, Inc., ("Precision"), in the amount of$1,563,610.00 for the reconstruction of nine holes on the Grapevine Municipal Golf Course (the "Work"); and, WHEREAS, the estimated completion date agreed to by Precision for the Work was July 1, 2000; and, WHEREAS, Precision did not substantially complete Phase I in a timely manner and has not completed its contractual obligations to date; and, WHEREAS, the City is experiencing direct and actual damages due to the delay in completion in the form of lost revenue, delays in the subsequently scheduled project, extended architectural services, and increased contractual expenses on City contracts due to rebidding or rescheduling of services, and other damages and expenses; and, WHEREAS, delays by Precision in the completion of the Work and the associated mounting damages continue to mount each week the Work is not complete; and, WHEREAS, services and materials purchases related to the completion of the Work must be accomplished expeditiously in order to complete the project in as timely a manner as possible, and if not accomplished expeditiously will result in a greater expense and damage to the taxpayers of the City; and, WHEREAS, the third nine holes scheduled for renovation cannot reasonably be commenced until the subject nine holes is open and ready for play; and WHEREAS, the third nine holes must be completed in time for the fall growing season of 2001 in order to avoid unreasonable delays in its opening; and WHEREAS, the City Council finds and concludes that an emergency exists that requires the immediate appropriation of funds to preserve the property of the City, to protect the public health and safety of the City's residents and to preserve the safety of the City and its citizens; and, WHEREAS, this emergency obligates the City to complete the Work in the most efficient, economical manner, the City Council finds and concludes that the citizens are best served by the City completing the Work without the necessity of accepting additional competitive bids pursuant to Chapter 252, Texas Local Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, THAT: Section 1. That all matters in the preamble are found to be true and correct and are incorporated into the body of this resolution. Section 2. That the City's Contract with Precision Golf, Inc. is hereby terminated for default by the Contractor. Section 3. An emergency is hereby declared for the completion of the subject nine holes. Section 4. That the City Manager, or his designee, is authorized and directed to enter into an agreement for the completion of the Work in an amount not to exceed $ 45,000.00. Section 5. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of March, 2001. APPROVED: William D. Tate Mayor RES. NO. 2001-18 2 ATTEST: 4ff e. City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney RES. NO. 2001-18 3