HomeMy WebLinkAboutRES 85-209 R E S O L U T I O N
WHEREAS, on June 14, 1983, City Council awarded a contract
to MACO, Inc. for construction of a portion of Willow Bend Drive as a
participation project in the amount of $181,383 with the City' s share
being $73, 193.34 and required completion in ninety (90) calendar
days; and,
WHEREAS, on December 13, 1983, the project was accepted by
City Council as being substantially complete with the stipulation
that final payment be withheld until all items of final cleanup were
complete; and,
WHEREAS, final cleanup was completed on February 7 , 1984
with one hundred forty-one ( 141) calendar days being used and
liquidated damages being charged in the amount of $10,200 for the 51
days of contract overrun; and,
WHEREAS, on February 20, 1984, MACO, Inc. notified Kohler &
Kohler, Consultant Engineers, of their protest of the liquidated
damages and of their intent to initiate claim action; and,
WHEREAS, in November, 1984, routine inspection of streets
for the one-year warranty revealed failure of joints, broken curbs
and cracks that required sealing; and,
WHEREAS, a letter was sent to MACO, Inc. requesting that
they perform the necessary repairs to which MACO, Inc. replied that
they would consider the repairs at such time as the City paid the
money they claimed we owed to them; and,
WHEREAS, a letter was sent to MACO, Inc. advising that if
they would not make the repairs we would have them made and seek
recovery in court for the costs incurred and that they would be
removed from the bidder' s list; and,
WHEREAS, Maco, Inc. stated that they would sue the City for
loss of profits, etc. , resulting from being unable to bid City work;
and,
WHEREAS, on July 1 , 1985, bids were received for pavement,
joint and curb repair on Willow Bend Drive; and,
WHEREAS, A. W. Busby Constructing, Inc. submitted a bid in
the amount of $18 ,461 .28; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by A. W. Busby Constructing, Inc. is the lowest and best
bid and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by A. W. Busby Constructing, Inc. in the
amount of $18 ,461.28 for pavement, joint and curb repair on Willow
Bend Drive is hereby accepted by the City of Beaumont.
BE IT FURTHER RESOLVED that MACO, Inc. be removed from the
bid list of the City of Beaumont.
BE IT FURTHER RESOLVED that the City of Beaumont take any
legal action necessary to recover all damages involved in the repair
of Willow Bend Drive from MACO, Inc.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of _ 1985.
Mayor -
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