To approve a Tender Agreement between the City of Plano and US Casualty and Surety Insurance Company; and a Completion Contract in the amount of $1,920,000 ($857,538 from the Original Contract Balance and $1,062,462 from the Surety Payment) between the City of Plano and A&C Construction, Inc., authorizing A&C Construction, Inc. to complete the construction of Sidewalk Improvements - Plano Parkway from Independence Parkway to Alma Drive, Project No. 6901; and authorizing the City Manager to execute all necessary documents to resolve this matter. Approved

The Engineering CIP Department recommends approval of a Tender Agreement with US Casualty and Surety Insurance Company and a Completion Contract between the City of Plano and A&C Construction, Inc. regarding the construction of Sidewalk Improvements - Plano Parkway from Independence Parkway to Alma Drive - Project No. 6901.

On May 10, 2021, the City of Plano entered into a contract with MSB Constructors, Inc. (the original Contractor) for the construction of Sidewalk Improvements - Plano Parkway from Independence Parkway to Alma Drive. After months of delays on the project by MSB Constructors, Inc., the City of Plano made a demand upon the Surety, US Casualty and Surety Insurance Company on or about June 6, 2023 under the terms of the Performance Bond.

As a result, the City of Plano and US Casualty and Surety Insurance Company will enter into a Tender Agreement and a Completion Contract between the City of Plano and A&C Construction, Inc.  A&C Construction, Inc. will comply with all warranties mandated by the Contract, whether implied or expressed.  A&C Construction, Inc. will be responsible for completing the project under the terms of the Performance Bond and the Tender Agreement.  By approving this agenda item, the City Council authorizes the City Manager to enter into all necessary agreements to resolve this matter.

If this item is not approved, the project would be re-bid with updated construction plans showing existing site conditions, a process that will take 6-9 months, further delaying the project’s completion and delivery to the public.

Funding for this item is available in the 2023-24 Street Improvements CIP and is planned for future years, as well.  Approval of the Completion Contract for construction services for the Sidewalk Improvements - Plano Parkway from Independence Parkway to Alma Drive project, in the total amount of $1,920,000, will leave a current year balance of $3,250 for future expenditures.

 Approval of this item will support the City's Strategic Plan Critical Success Factor of being an Excellent, Innovative, and Accountable City Government.