Title
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO BOTH TERMINATE THE CONTRACT WITH ECLIPSE COMPANY, LLC AND RETURN THE PREVIOUSLY AWARDED GRANT FUNDING TO THE OHIO DEPARTMENT OF TRANSPORTATION FOR THE VETERANS TRAIL PHASE 3 IMPROVEMENT PROJECT (PID NO. 97856); AND DECLARING AN EMERGENCY.
Brief Description: As discussed at the January 28, 2020, Council Workshop, staff will be terminating the contract with the Eclipse Company, LLC and will notify the Ohio Department of Transportation that the City is requesting the funds be returned.
Body
Legislative History
20-0008 - Discussion on changes to the Veteran’s Trail Phase 3 Project; 1/28/2020
19-168 - Enter into a Contract with GPI for Construction Management/Inspection; 11/19/2019
19-34 - Enter into Mitigation Agreement; 3/5/2019
19-19 - Authorization to Bid and Award; 2/19/2019
18-76 - Enter into an Addendum to the Design Contract with Michael Baker; 6/5/2018
17-6 - Authorization to enter into a contract with Michael Baker; 1/17/2017
14-145 - Authorization to enter into an LPA Agreement with ODOT; 12/3/2014
Purpose & Explanation
After discussion with the adjacent property owners along Nicholson Drive and Council, it is the desire of Council and Staff to terminate the existing construction contract with Eclipse Company, LLC in the amount of $1,292,483.79 and to notify ODOT that the City is requesting to return the $500,000 in ODOT funding for this project.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other - Termination of Contract and Return of Grant monies
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
Appropriation Not Required
Does this legislation require use of an emergency clause?
X Yes - In order to terminate the contract and notify ODOT
No
Recommendation
Suggested Action
Staff recommends that Council authorize the City Manager to terminate the contract with Eclipse Company, LLC and to notify ODOT that the City is requesting the funds be returned.
Submitted by,
Jane Howington, City Manager
Thomas J. Sheridan, PE, PS, Assistant City Manager - Professional Services
Bradley S. Kosco, PE, PS, City Engineer
Nate Wonsick, PE, Assistant City Engineer