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CM-2014-534 - 9/29/2014City of Round Rock REXAS ROCK Agenda Item Summary Agenda Number: Title: Consider executing a letter to GG's Construction, LLC terminating the City's Agreement with GG's for Purchase of General Building Construction Trades Services (Carpentry); a letter to GG's Construction, LLC terminating the City's Agreement with GG's for Purchase of General Building Constructing Trades Services (Drywall); and a letter to GG's Construction, LLC terminating the City's Agreement with GG's for Purchase of General Building Construction Trades Services (Painting). Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 9/26/2014 Dept Director: Chad McDowell, General Services Director Cost: Indexes: General Debt Service Fund Attachments: LAF, Termination Letter Department: General Services Department Text of Legislative File CM -2014-534 During the construction of the intermodal office General Services found GG's Construction to be in non-compliance with our trades agreement contracts. General Services put GG's on notice and tried to work out the errors but the further we investigated the more we found wrong. General Services also found GG's construction to be significantly higher in cost than other contractors. Staff Recommends Approval Ci, &R—d Rock Page 1 PMW on WM"11 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: General Services Project Mgr/Resource: Chea McDowell ❑ Council Action: ORDINANCE Fxx-J City Manager Approval Attorney CMA wording T. --t— L.11— I., mems M,, au¢ai Project Name: dWiJ, nmu„of ContractOrNander: ccs RESOLUTION Consider executing a letter to GG's Construction, LLC terminating the City's Agreement with GG's for Purchase of General Building Constructing Trades Services (Carpentry); a letter to GG's Construction, LLC terminating the City's Agreement with GG's for Purchase of General Building Constructing Trades Services (Drywall)', and a letter to GG's Construction, LLC terminating the City's Agreement with GG's for Purchase of General Building Construction Trades Services (Painting). Date ci / 2. / 7-7 Notes/Comments Print letter on City letterhead before signature and delivery to GG's Constmction, LLC. O:\wdox\SCClnts\0118\1401\MISC\00311218ALS Updated 6/3/08 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. September 11, 2014 Mr. Roland Osorio GO'S Construction, LLC 13608 Bullick Hollow Road Austin, TX 78726 Via U.S. Mail Re: Trades Services Agreement entitled "City of Round Rock Agreement for Purchase of General Building Construction Trades Services (Painting Trade) from GG's Construction, LLC" Dear Mr. Osorio: This correspondence shall serve as notice that the City of Round Rock, Texas (the "City") hereby terminates the above -referenced "City of Round Rock Agreement for Purchase of General Building Construction Trades Services (Painting Trade) from GG's Construction, LLC" (the "Agreement). The Agreement became effective on May 23, 2013. The term of the Agreement was for thirty-six (36) months with an expiration date of May 23, 2016, and the allowance of two (2) additional successive twelve (12) month terms upon agreement of the parties. Mayor Alan McGraw Pursuant to Section 18.01, Paragraph A, the "City has the right to terminate this Agreement, in whole or in part, for convenience and without Mayor Pro -Tem cause, at any time upon thirty (30) days' written notice to GG's." Kris Whitfield Pursuant to Section 22.01, Paragraph B, notice shall be considered given Coundlmembers three (3) days after being deposited in the U.S. mail. Craig Morgan George White JueniDord Pursuant to Section 18.01, Paragraph D, "[u]pon City's delivery of the Will Peckham referenced notice to GG's, GG's shall discontinue all services in John Moman connection with the performance of this Agreement and shall proceed to City Manager cancel promptly all existing orders and contracts insofar as such orders Steve Norwood and contracts are chargeable to this Agreement." City Anomey Stephan L Sheers 00311215/ss2 CITY OF ROUND ROCK GENERAL SERVICES DEPARTMENT, 112 Commerce Cove Round Rock, Tr - 78664 Phone 512.671.2890 s Fax 5¢.218.5576 s www.roundrocktoxas.gov, CM-z0\1�- 53i4 CCS Termination Notice (Painting) —Page 2 Pursuant to the terms and conditions of the Agreement, this termination notice is being delivered via written notice to the entity and to the stated address for notice. Should you have any questions or feel the need to discuss this matter further, please do not hesitate to contact me. 'inceely,' /� ROUND ROCK, TEXAS PURPOSE, PASSION. PROSPERITY September 11, 2014 Mr. Roland Osorio GG's Construction, LLC 13608 Bullick Hollow Road Austin, TX 78726 Via U.S. Mail Re: Trades Services Agreement entitled "City of Round Rock Agreement for Purchase of General Building Construction Trades Services (Drywall Trade) from GG's Construction, LLC" Dear Mr. Osorio: This correspondence shall serve as notice that the City of Round Rock, Texas (the "City") hereby terminates the above -referenced "City of Round Rock Agreement for Purchase of General Building Construction Trades Services (Drywall Trade) from GG's Construction, LLC" (the "Agreement). The Agreement became effective on May 23, 2013. The term of the Agreement was for thirty-six (36) months with an expiration date of May 23, 2016, and the allowance of two (2) additional successive twelve (12) month terms upon agreement of the parties. Mayor Alan McGraw Pursuant to Section 18.01, Paragraph A, the "City has the right to terminate this Agreement, in whole or in part, for convenience and Mayor Pro -Tem without cause, at any time upon thirty (30) days' written notice to GG's." KNs Whitfield Pursuant to Section 22.0 1, Paragraph B, notice shall be considered given Councilmemhers three (3) days after being deposited in the U.S. mail. Craig Morgan George White Joe Clifford Pursuant to Section 18.01, Paragraph D, "[u]pon City's delivery of the Will Peckham referenced notice to GG's, GG's shall discontinue all services in John Moran connection with the performance of this Agreement and shall proceed to City Manager cancel promptly all existing orders and contracts insofar as such orders Steve Norwood and contracts are chargeable to this Agreement." City Attorney Stephan L. Sheets 00311214/ss2 CITY OF ROUND ROCK GENERAL SERVICES DEPARTMENT, era Commerce Cove Round Rock, Texas 78664 Phone 512.671.2890 s Fax 5rz.28.5576 s www.roundrocktexas.gov GG's Termination Notice (Drywall) — Page 2 Pursuant to the terns and conditions of the Agreement, this termination notice is being delivered via written notice to the entity and to the stated address for notice. Should you have any questions or feel the need to discuss this matter further, please do not hesitate to contact me. NorwoodZteve ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY September 11, 2014 Mr. Roland Osorio GG's Construction, LLC 13608 Bullick Hollow Road Austin, TX 78726 Via U.S. Mail Re: Trades Services Agreement entitled "City of Round Rock Agreement for Purchase of General Building Construction Trades Services (Carpentry Trade) from GG's Construction, LLC" Dear Mr. Osorio: This correspondence shall serve as notice that the City of Round Rock, Texas (the "City") hereby terminates the above -referenced "City of Round Rock Agreement for Purchase of General Building Construction Trades Services (Carpentry Trade) from GG's Construction, LLC" (the "Agreement). The Agreement became effective on May 23, 2013. The term of the Agreement was for thirty-six (36) months with an expiration date of May 23, 2016, and the allowance of two (2) additional successive twelve (12) month terns upon agreement of the parties. Pursuant to Section 18.01, Paragraph A, the "City has the right to terminate this Mayor Agreement, in whole or in part, for convenience and without cause, at any time Alan McGraw upon thirty (30) days' written notice to GG's." Pursuant to Section 22.01, Maroc Pro -Tem Paragraph B, notice shall be considered given three (3) days after being deposited Kris Whitfield in the U.S. mail. Countlimembers Craig Mown Pursuant to Section 18.01, Paragraph D, "[u]pon City's delivery of the referenced George White notice to GG's, GG's shall discontinue all services in connection with the wilifford l Peckham performance of this Agreement and shall proceed to cancel promptly all existing John Marron orders and contracts insofar as such orders and contracts are chargeable to this City Manager Agreement." Steve Norwood City Attorney Stephan L. Sheets 00311212/ss2 CITY OF ROUND ROCK GENERAL SERVICES DEPARTMENT, nx Commerce Cove Round Rock, Texas 78664 Phone 512.671.2890 s Fax 512.2i8.5576 s www.roundrocktexas.gov C A4 -Z 6H - 53L4 GG's Termination Notice (Carpentry) —Page 2 Pursuant to the terms and conditions of the Agreement, this termination notice is being delivered via written notice to the entity and to the stated address for notice. Should you have any questions or feel the need to discuss this matter further, please do not hesitate to contact me. Sincerely, Steve Norwood City Manager