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HomeMy WebLinkAboutR-2023-049 Southern Underground Industries Inc. Contract TerminationRESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; AUTHORIZING THE TERMINATION OF THE AGREEMENT BETWEEN THE CITY AND SOUTHERN UNDERGROUND INDUSTRIES, INC., FOR THE "REHABILITATION OF LIFT STATIONS 1, 2 AND 3"; AUTHORIZING THE RE -ISSUE OF AN INVITATION TO BID NO. 2022-026 FOR THE "REHABILITATION OF LIFT STATIONS 1, 2 AND 3'; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 1, 2022, the City issued Invitation to Bid ("ITB") No. 22-026 for the "Rehabilitation of Lift Stations 1, 2 and 3" ("Project"); and WHEREAS, on August 31, 2022, the City received two responses to ITB No. 2022-026, as shown below: 1. Southern Underground Industries, Inc $4,821,520.00 2. TLC Diversified, Inc. $15,380,950.00; and WHEREAS, the Bid Committee's assessment of the bid packages provided by the respondents, reviewed by the consultant project engineer, resulted in the selection of Southern Underground Industries, Inc., ("Contractor") as the lowest and most qualified bidder; and WHEREAS, on January 4, 2023, the City and the Contractor entered into an Agreement hiring the Contractor for the for the Project; and WHEREAS, per the City's Agreement with the Contractor, a Performance Bond was required, which the Contractor has not provided and Contractor is now in violation of the Agreement and there is no expectation of the violation being remedied; WHEREAS, the City seeks to terminate the Agreement with Contractor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to terminate the Agreement for the Rehabilitation of Lift Stations 1, 2 and 3 project with Southern Underground Industries, Inc. that was awarded pursuant to Resolution No. 2022-164 in the amount of $4,821,520.00. Section 3. That the City Commission authorizes the re -issue of the invitation to bid for the "Rehabilitation of Lift Stations 1, 2 and 3". Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED on May 23, 2023. • • • �• • i1 �: "- •J. RYAN IV APPROVED AS TO FORM AND CORRECTNESS: E OUTSIS T ATTORNEY RESOLUTION #2023-CY4q