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Title
Contract Termination - MACVAL Associates, Inc. for the construction of the Main Street sidewalks
Presenter
Romin Khavari, City Engineer and Bill Crolley, Director of Planning and Development
Recommended Action
Approve
Analysis
On December 10, 2013, Council approved a construction contract with MACVAL Associates, LLC for Main Street sidewalk, hardscape and landscape improvements from Center Street to NW 2nd Street in the amount of $613,285; material testing in the amount of $11,646; in-house engineering in the amount of $30,664; and 5% construction contract contingency in the amount of $30,664; for a total project cost of $686,259.
This project provided for the construction of 1,840 square yards of sidewalks, 1,043 square yards of asphalt pavement repairs, landscape and streetscape improvements including relocation of eight street lights, installation of 2 new street lights, 11 trees and irrigation components. This project also provided for the installation of 710 linear feet of variable size storm drain pipes and inlets.
There was one change order executed in the amount of $6,900 for a storm drain manhole.
Construction of this project was scheduled to start in January 2014 with projected completion in September 2014.
Due to numerous delays in starting construction, insufficient progress and inability to perform per plans and specifications, staff found it necessary to reach a mutual agreement with Macval Associates to dissolve their construction contract. Staff recommends disturbed areas at Center Street and Main St to be addressed by City’s on-call contractors with the remainder of the project work to be added to a future project in the immediate area.
Financial Consideration
Staff is recommending, and MACVAL Associates, Inc. has agreed to the approval of the termination of the contract and the un-encumbrance of $475,179.24 in unearned construction contract funds and $23,764.00 unused contingency funds with MACVAL Associates, Inc.
Only the areas requiring immediate attention will be addressed by the City's on-call contractors. Additional current on-call contracts will not be exceeded.
The majority of the remaining project will be incorporated into the next phase of the downtown sidewalk capital improvement project. Staff is anticipating the next phase to start in the September-October 2014 period.