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Greenwood Stormwater Board moves to terminate Suburban Glass contract, conditionally approves Diamond Glass for Nature Center doors

2091588 · January 8, 2025
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Summary

The Greenwood Stormwater Board authorized legal staff to send a notice of intent to terminate Suburban Glass Service Inc.'s May 21, 2024 contract for Nature Center door installation and conditionally approved a $14,525 contract with Diamond Glass Works to complete the work.

The Greenwood Stormwater Board on Jan. 8 authorized the legal department to prepare and send a notice of intent to terminate Suburban Glass Service Inc.'s contract dated May 21, 2024 for door installation at the Nature Center, 225 South Washington Street, citing the contractor's failure to perform. The board also approved, on condition that Suburban's contract is terminated, a separate agreement with Diamond Glass Works to furnish and install three doors at the Nature Center for $14,525.

Legal counsel told the board the contract contains a termination-for-cause provision and recommended giving Suburban Glass an opportunity to consult with the city before formally terminating. "The contract is dated May 21st, and part of the termination in section 5, it may be terminated for cause if the contractor fails to perform the work provided by the agreement, but they are to be given an opportunity to consult with the city first," Legal Counsel said. He added that eight months of nonperformance is a reasonable basis to proceed with termination.

Board members voted to authorize preparation and delivery of a notice of intent to terminate; the motion carried on a verbal aye vote. Separately, the board approved a conditional contract with Diamond Glass Works to provide one pair of entry doors with glass infill, one single door with metal panel infill, and another single door with glass infill for the Nature Center in an amount not to exceed $14,525. The Diamond Glass award was explicitly conditioned on successful termination or closing out of the Suburban Glass agreement.

A board member asked how the Diamond Glass price compared with Suburban's earlier quote; the board was told the Diamond Glass price is about $3,000 higher. The stormwater superintendent said the Diamond Glass contract would be finalized only after the Suburban contract is formally closed or terminated.

Next steps: legal staff will send the notice of intent to terminate to Suburban Glass Service Inc. and provide the contractor an opportunity to consult with the city before any final termination. If termination proceeds, the stormwater superintendent is authorized to finalize the contract with Diamond Glass Works.