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Fulshear terminates Harris Street contractor, will rebid work after additional surveying
Summary
City staff terminated DG Medina's Harris Street contract for deficient work, is holding retainage and some materials, and plans to rebid phases with additional surveying and a May notice-to-proceed targeting a 6–9 month construction turnaround.
Fulshear staff told the EDC board they terminated the Harris Street general-contractor contract with DG Medina after deficiencies were not corrected following a cure notice. Staff said the termination was done to protect the city's interests and allow DG Medina to pursue other city work while the city rebids the remaining scope.
EDC staff said about 38% of the contract has been paid to DG Medina (with two more pay applications pending) and they expect roughly 44% of the contract will be paid when accounting is complete; the city is withholding retainage to cover unfinished items. Large-ticket materials — including street lights and a drainage pump purchased with EDC funds — are already in the city's possession and will be available to the next contractor, reducing future markup.
To prepare for a rebid, the city is working with design firm BECO (Embeco/BECO names appear in materials) to resurvey the completed and adjacent work to ensure alignment where Harris Street intersects other east-side projects. Staff said they plan to do more surveying up front on the next solicitation, expand use of cooperative purchasing for flat work where appropriate, and expect to issue a notice to proceed in May with an anticipated 6–9 month construction turnaround after award. Staff also confirmed landscaping and irrigation considerations will be addressed: irrigation sleeves were placed where possible and irrigation is included in phase 1 proposals (future phases may list irrigation as an option).
Board members asked about liquidated damages and schedule incentives; staff said liquidated-damage claims are difficult to prove and the city is reviewing performance and will consider performance incentives in future contracts. Staff invited board questions and committed to reporting updated timelines and solicitation packages as they are finalized.
