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AGENDA ITEM REVIEW FORM
5.A.
Special City Council Meeting
Meeting Date:
04/14/2025
Department Head:
Eulogio Vera
Submitted By:
Jorge Perez, Assistant Director of Public Works, Public Works Department
Action Requested:
Motion

ITEM:

Discussion and possible action on any and all matters regarding the pre-construction services procurement with MGC Contractors, Inc. for the West Wastewater Treatment Plant Expansion project. (Eulogio Vera, Director of Public Works)

SUMMARY:

On February 26, 2025, the City Council accepted and awarded the pre-construction services contract to MGC Contractors, Inc. to act as a Construction Manager at Risk ("CMAR") for the West Wastewater Treatment Plant Expansion Project. Following the City Council's approval, MGC Contractors, Inc. began services. However, MGC did not sign the contract and requested modifications to it. Despite efforts to do so, the parties did not come to terms. Staff will compensate MGC Contractors, Inc. for the work so far but request that the City Council rescind the award and terminate the services, allowing staff to continue the procurement process.

RECOMMENDATION / SUGGESTED MOTION:

I MOVE TO IMMEDIATELY TERMINATE OR ABANDON, WITHOUT CAUSE, THE PRE-CONSTRUCTION SERVICES CONTRACT FOR MGC CONTRACTORS INC., TO ACT AS CONSTRUCTION MANAGER AT RISK AS APPROVED BY COUNCIL ON FEBRUARY 26, 2025, AND DIRECT STAFF TO PROCURE (ACCORDING TO LAW) PRE-CONSTRUCTION SERVICES OF ANOTHER PERSON OR FIRM FOR THE WEST WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT.

Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
Please see the fiscal impact statement
CITY/STATE/FEDERAL FUNDS:
Please see the fiscal impact statement
TOTAL:
Please see the fiscal impact statement
BUDGETED AMOUNT:
Please see the fiscal impact statement
AVAILABLE AMOUNT TO TRANSFER:
Please see the fiscal impact statement
ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
Please see the fiscal impact statement

FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):

The City will compensate MGC for the work done so far from Capital Outlay CIP / 310-311-90015.

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