WASHINGTON PARK STREET REHABILITATION PROJECT. Discussion and Action to Terminate/Cancel Agreement with Always Paving, Inc. for the “Washington Park Street Rehabilitation Project” under relevant provisions of the Agreement including, but not limited to, Sections 6-4 (“Default by Contractor”) and 6-5 (“Termination”) of the Standard Specifications and authorizing staff to take all actions necessary to notify the surety of its related obligations.
The Council did not take this issue lightly as they spoke for over 90 minutes to consider the Cancellation of the contract. The question posed by Town Attorney Gary Bell, asking if the contractor was “proceeding in good faith.” Town staff gave detailed information on the lack of good faith that they experienced with the contractor and several missed deadlines. The contract signed by the contractor, Always Paving, Inc, contained specs on the type of equipment to be used and deadlines that were to be met. During the staff presentation, the contractor missed several deadlines, and the contractor had issues with some of the equipment required and the “mix” of asphalt. So based on this lengthy list of missteps, could the Town, in good faith, rely on the contractor to complete the job?
As was brought up by numerous Council members, how does the Town get this project done promptly? Make concessions and allow Always Paving, Inc to continue under stricter guidelines or move forward with the surety? (I had to research that one.) By voting to cancel the contract, the surety would step in to get the project moving forward. A lot of legalese was covered, and Councilmember Dorenbecher summed it up perfectly when she stated that the RFP contained all the requirements (which she listed) specified, so the frustration from the staff with the contractor was understood.
The Council voted 4 – 0 to cancel the contract and move forward with the surety. (Councilmember Mohler had to leave the meeting early). The Town is currently scheduling a new contractor to complete the project.