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Council begins process to terminate two Ellis Construction contracts after resident access and quality complaints
Summary
After repeated complaints about workmanship, scheduling and blocked driveways on two residential rehab projects, the council authorized staff to start the contract-termination process for contracts ST23310 and ST23300 with Ellis Construction; city staff said the vote begins a notice-and-cure process rather than immediate cancellation.
Broken Arrow City Council on Sept. 16 voted to authorize staff to start the contractual termination process for two city residential-rehabilitation contracts with Ellis Concrete Construction (contract numbers ST23310 and ST23300) after staff reported ongoing quality problems, scheduling delays and incidents where residents’ access was blocked.
Charlie Bright of the city’s engineering and construction team described repeated deficiencies, including improper subgrade compaction, failure to saw cut full depth leading to uneven edges, missing form boards on concrete pours, insufficient on-site supervision, missed compaction testing, and — most seriously to staff — occasions when equipment and work activities blocked residents’ driveways or mail delivery. Bright said staff issued a stop-work order after what he described as behavior that “held our citizens hostage” by declining to restore access until the city acceded to the contractor’s payment demands.
Bright told council that the termination vote is a procedural step: "The vote tonight does not mean the contract's automatically terminated. It's just 1 step in the process," and that if the council authorizes notice, the contractor will be given the opportunity to provide “satisfactory assurances” to resume work in compliance with the contract. Bright said the city already stepped crews into the project to restore resident access within two days after a stop-work order.
Representing Ellis Concrete, Amber Wells, director of operations, said the company keeps daily records, density tests and photos and disputed some staff characterizations. She acknowledged communication problems and urged the city to use the meeting scheduled the following morning to resolve differences. “We truly care about Broken Arrow and the residents of Broken Arrow,” Wells said, adding that the company wants to fix the problems.
Councilors and staff said they hoped a meeting with the contractor would either produce satisfactory assurances that the work would be completed per contract requirements or would speed the process to terminate and call the contractor’s surety if necessary. Two separate motions to start the termination-notice process (one for each contract) were moved and seconded; council approved both motions on roll call.
City staff indicated further negotiation and technical review will follow; if the contractor fails to provide assurances, the city will proceed to terminate, notify the surety and, if needed, have the surety or another contractor complete the work. Staff also said the city will evaluate rework costs and may offset those costs against future payments or seek reimbursement through the termination process.
