Primary Department: Purchasing
Primary Department Head/Elected Official: Kimberly J. Williams, JD
Secondary Department: Flood Control District
Secondary Department Head/Elected Official: Tina Petersen
Regular or Supplemental RCA: Regular RCA
Type of Request: Contract - Award
Project ID (if applicable): 250288
Vendor/Entity Legal Name (if applicable): Carlson McClain Construction Company LLC
MWBE Contracted Goal (if applicable): 17.14%
MWBE Current Participation (if applicable): N/A
Justification for 0% MWBE Participation Goal: N/A - Goal is not 0% and is listed above
Grant Indirect Costs Rate (if applicable):
Justification for 0% Grant Indirect Costs Rate (if applicable): Choose an item.
Request Summary (Agenda Caption):
title
Request for approval to rescind an award from First Class Projects, Inc. in connection with an award approved by Commissioners Court on January 8, 2026 and approve a new award to Carlson McClain Construction Company LLC in the amount of $3,724,745 for channel repairs for White Oak Bayou (2025) for the Flood Control District, and for the County Clerk to execute any applicable bonds to be received (250288), MWBE Contracted Goal: 17.14%.
end
Background and Discussion:
The Harris County Flood Control District General Conditions stipulates in Article 2.1.A “Within ten (10) Days after receipt of the Notice of Award, Contractor shall furnish and file with the Purchasing Agent the necessary Performance Bond, Payment Bond, and certificates of insurance and endorsements, as well as any other documents…”. Harris County Purchasing communication with First Class Projects, Inc. is documented concerning the requirements for the submittal of bonds. First Class Projects failed to submit the bonds per the contract requirements.
The General Conditions stipulates in Article 2.5.A “If the Bidder to whom the award is made fails to furnish a required Performance Bond, Payment Bond, and certificates of insurance and endorsements as herein provided, the Commissioners’ Court may rescind its award and acceptance of the Contractor’s Bid…”. In addition, “.the Bidder to whom the award was first made shall at the option of the District, be required to pay the District the difference between its Bid and that of the next lowest responsive and responsible Bidder up to the maximum amount provided in the Bid Guarantee for the Project.”
Expected Impact:
The District recommends to rescind the Contract Award of Job No.: 25/0288 2025 White Oak Bayou Major Repairs in the amount of $2,987,584.00 to First Class Projects, Inc. for Failure to Perform. In addition, the District shall seek payment from First Class Projects, Inc. as specified in the General Conditions.
Alternative Options:
The “Do Nothing” option would allow a contractor to continue after failure to perform in submitting payment and performance bonds according to the General Conditions.
County Strategic Plan Goal: 2. Connect our community with safe, reliable, equitably distributed, and well-maintained infrastructure.
County Strategic Plan Objective: H: Improve the condition and resilience of County transportation, flood control, and other infrastructure.
Justice/Safety Initiative (Goal 1): N/A
Infrastructure Initiative (Goal 2): N/A
Economy Initiative (Goal 3): N/A
Health Initiative (Goal 4): N/A
Climate/Resilience Initiative (Goal 5): N/A
Housing Initiative (Goal 6): N/A
Additional notes related to the Strategic Plan: N/A
Prior Court Action (if any):
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Date |
Agenda Item # |
Action Taken |
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10/16/2025 |
494 |
Advertisement Transmittal |
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1/8/2026 |
26-0037 |
Award Construction Project 25/0288 2025 White Oak Bayou Major Repairs |
Location:
Address (if applicable):
Precinct(s): Precincts 1 & 4
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Additional Budget Request (Requires Fiscal Review Request Form) |
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Personnel (Fill out section only if requesting new Position Control Numbers (PCN)s) |
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County Attorney’s Office Legal Review (for Harris County Code Items only) |
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Anticipated Court Date: 3/19/2026
Anticipated Implementation Date (if different from Court date): Click or tap to enter a date.
Emergency/Disaster Recovery Note: Not an emergency, disaster, or ARPA related item
Contact(s) name, title, department: Helen Stallkamp, P.E., Project Manager, Maintenance Engineering; Sheila Rodriguez, Purchasing.
Attachments (if applicable): Letter