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Consent

Brentwood City Commission Agenda

Meeting Date:	04/22/2019
Resolution 2019-44 - Termination of 2018 - 2019 Annual Paving Contract with Civil Constructors
Submitted by:	Todd Hoppenstedt, Public Works
Department:	Public Works

Information

Subject

Resolution 2019-44 - Termination of 2018 - 2019 Annual Paving Contract with Civil Constructors, Inc. of Franklin, Tennessee

Background

In July of 2018 the City Commission approved Resolution 2018-63 authorizing an agreement with Civil Constructors, Inc. of Franklin, Tennessee for the Annual Roadway Repairs and Improvements effort. Of the three bids received on July 10, 2018, Civil Constructors was the lowest.

While Civil Constructors has highly skilled staff working on a variety of construction tasks throughout Middle Tennessee, as work in Brentwood began, it became apparent they lacked the resources and necessary equipment to schedule and execute the roadway related tasks contained in this contract with the efficiency and paving quality required. On several occasions beginning back in August of 2018, staff has met with Civil representatives to discuss necessary improvements to scheduling, workmanship, and communication challenges experienced throughout the contract period.

As you know, the paving services contract is awarded as an annual contract with renewal options subject to both parties agreeing to the renewal. Early in calendar year 2019, staff determined that it was not in the City's best interest to renew the contract with Civil for the 2019-2020 year, and the contract was rebid in February. Another firm was the low bidder and the award of that contract is also on the April 22, 2019 City Commission agenda for consideration.

With only two months remaining in the current contract period, nearly 60% of the assigned work has not been completed. Staff has been actively seeking a commitment and schedule from the contractor for the remaining work. While they have discussed the possibility of adding additional dates, staff has concerns with the level of resource commitment as it relates to the remaining work and the potential for Civil to start prep work on some streets but not be able to complete final paving work before the contract expires on June 30, 2019..

Section 15.02 of the General Conditions of the contract provides that the City may terminate for cause in the event that the contractor persistently fails to perform the work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the progress schedule established).

Since Civil has completed work that they had started in the summer and fall of 2018, but has not yet begun any work tasks in Brentwood for the 2019 season, staff believes that this break in activity provides for a clean point of separation in accordance with Section 15.02 of the contract. Therefore, it is staff's recommendation that the current contract be terminated pursuant to the contract.

Please direct any questions to the Public Works Director.

Staff Recommendation

Rather than releasing additional work that may not be completed prior to the expiration of the contract, staff is recommending Approval of Resolution 2019-44 authorizing the termination of the 2018 - 2019 Annual Roadway Repairs and Improvements Contract.

Previous Commission Action

On July 23, 2018, the City Commission Approved Resolution 2018-63 Authorizing an Agreement with Civil Constructors, Inc. for the Annual Roadway Repairs and Improvements contract.

Fiscal Impact

Amount :	0
Source of Funds:
Account Number:

Fiscal Impact:

While there will be work and unencumbered funds carried over into the 2019/2020 season, staff does not anticipate a true financial impact as there is currently no work underway or pending.

Attachments
Resolution 2019-44
Contract
Signed Resolution