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Consideration of and action to terminate the contract with South Pools, Inc. for the Dow Park Pavilion and Improvements project (DPCDC project).
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The Dow Park Pavilion and Improvements project is a Deer Park Community Development Corporation (DPCDC) project funded by the dedicated one-half of one percent Type B economic development sales tax.
On October 24, 2016 the DPCDC reviewed and approved their recommendation to authorize the seeking of bids for a contractor to construct the Dow Park Pavilions, other agenda items included the purchase of the pavilion structures and the building structures that the contractor will construct. On November 1, 2016, City Council authorized the seeking of bids for a contractor to construct the Dow Park Pavilions as well as the purchase of the pavilion structures and the building structures. On February 14, 2017, a total of 5 competitive bids were received, of those bids, South Pools, Inc. was the lowest bidder with a bid of $617,737.50. On February 21, 2017 City Council awarded the bid to South Pools, Inc. in the amount of $617,737.50.
On June 6, 2017 the DPCDC recommended, and City Council approved, change order No. 1 to the contract in the amount not to exceed $68,000.00. Then, after further review and discussion with the contractor, on June 26, 2017, the DPCDC recommended, and the City Council approved, a revised change order No. 1 in the amount of $80,484.60. The amount of the change order was approved to be paid from the City's General Fund. This brought the total contract amount to $698,222.10.
The City has provided notice that the contractor in is default, has breached its contract, and has failed to cure its default following proper notice by refusing to perform a portion of the electrical work it is obligated to complete. The contractor disputes that he is in default. Notice has also been provided by the City that should the contractor fail to commence performance of the electrical work at issue before Dec...
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