File #: CON 18005    Version: 1 Name:
Type: Contract Status: Agenda Ready
File created: 5/31/2018 In control: City Council
On agenda: 6/5/2018 Final action:
Title: Consideration of and possible action to approve a contract for the completion of the Dow Park Pavilion and Improvements project (DPCDC project).
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Title

Consideration of and possible action to approve a contract for the completion of the Dow Park Pavilion and Improvements project (DPCDC project).

Body

The Dow Park Pavilion and Improvements project is a Deer Park Community Development Corporation (DPCDC) project funded by the dedicated one-half of one percent Type B economic development sales tax.  The project was awarded to South Pools, Inc. on February 21, 2017 in the amount of $617,737.50.  Council later approved Change Order #1 on June 26, 2017, in the amount of $80,484.60.  On February 1, 2018, the City and South Pools, Inc. agreed to Change Order #2 in the amount of $51,775.66, conditioned upon the contractor completing all work within an additional 100 calendar days from the date of the change order. This additional 100-day period ended on May 12, 2018.   

Over the past several months, South Pools, Inc. failed to complete this work in timely fashion. On April 12, 2018, the City’s construction attorney sent the contractor’s attorney notice that if South Pools does not perform and complete all of its work by the agreed May 12, 2018 completion date, the City will terminate South Pools right to continue its performance on the Project. The notice also stated that should termination be required, it will be voted on by Council at the May 15, 2018 Council Meeting.

The project was not completed by May 12, 2018, so on May 15, 2018, the City Council voted to terminate the contract with South Pools, Inc. Pricing from an experienced contractor proposing to complete the project is expected by the close of the business day on Friday, June 1, 2018. Staff plans to evaluate the proposals and make a recommendation at the June 5, 2018 Council Meeting.     

Fiscal/Budgetary Impact

 Funding would be from the unspent project balance.

Recommended Action

Consideration approving a contract for the completion of the Dow Park Pavilion and Improvements project.