A failure to meet contract requirements prompted the Flower Mound Town Council on June 19 to terminate an agreement with a company for Canyon Falls Park construction.
The approval came in a consent agenda item, with no conversation held by council. Canyon Falls Park, which is new, is being constructed on the west side of town, at 6425 Stonecrest Road, in the Canyon Falls development. It will be the second park in town to feature a splash pad, with Heritage Park being the other park to have a splash pad. Canyon Falls Park was expected to open in the early summer.
How we got here
Town officials said in May the park’s opening had been delayed because of issues with the contractor’s performance. As of now, there’s not a confirmed timeline for when the park will be completed and open, but officials are working to get work finished as quickly as possible, said Melissa Demmitt, communications director for the town, in an email.
“We have the option of hiring a new contractor, multiple individual contractors to address specific parts of the project, any town staff (parks, public works, etc.) to perform any work on-site, or any combination to complete the project (subject to our normal bidding and purchasing rules),” Demmitt said in the email. “We have been in contact with multiple contractors/vendors who have already performed work on the project to determine precisely what still needs to be finished or corrected in order to get the park into a state worthy of being opened.”
The background
On Nov. 16, 2020, MSB Constructors Inc. was awarded the Canyon Falls Park project with a base bid of $2,574,800 and bid alternates in the amount of $51,196 for a total amount of $2,625,996. The project is part of the town’s parks master plan and will include a nature-themed playground, a pavilion, restrooms, a basketball court, a splash pad, fitness equipment, trails and parking, according to a council agenda memo.
What’s happened
The opening of the park has been delayed because of issues related to the contractor’s performance. Town staff worked with the contractor and the contractor’s bonding company along with the town’s legal firm to examine performance issues and finish the project, the agenda memo stated.
The action taken
The contractor refused to meet its contractual obligations and complete the work, town officials said. On June 5, the town declared MSB Constructors Inc. in breach of the agreement and “demanded the contractor satisfactorily address items, within 10 days, listed in the Declaration of Breach and Demand for Cure Letter sent to the contractor that same day,” the agenda memo states. MSB Constructors Inc. failed to address the items and, in accordance with the construction agreement section 16.9 of the General Conditions, town officials moved to terminate the agreement.
On June 16, MSB Constructors Inc. was sent a termination declaration, terminating the construction agreement between the town and MSB Constructors Inc.
Community Impact left a message with MSB Constructors.
