HomeMy WebLinkAboutRes1992-173
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Sponsored by: Schaefermeyer
CIlY OF SEWARD, ALASKA
RESOLUTION NO. 92-173
A RESOLUTION OF THE CIlY COUNCIL OF THE CIlY
OF SEWARD, ALASKA, TERMINATING FOR CONVENIENCE
THE CONTRACT BETWEEN THE CIlY OF SEWARD AND
ALASKA BOILER & HEAT EXCHANGER SERVICE, INC.,
DBA AB&H CONSTRUCTION
WHEREAS, on September 2, 1992, the City of Seward entered into a contract with
Alaska Boiler & Heat Exchanger Service, Inc. dba AB&H Construction (AB&H), for the
removal and disposal of sludge from the Lowell Point Sewage Lagoon; and
WHEREAS, the City gave notice to the contractor to proceed on September 9,
1992; and
and
WHEREAS, the contract required substantial completion as of October 16, 1992;
WHEREAS, the Contractor has failed to prosecute and complete the work in a
timely fashion; and
WHEREAS, the Contractor has given notice of a claim and alleged that the failure
to complete the work is due to changed conditions at the site; and
WHEREAS, there is an immediate need to proceed with the work, including the
removal of sludge from the Lagoon, in order to prepare the site for further construction
planned during the winter; and
WHEREAS, further construction is required to bring the City's sewage treatment
facilities into compliance with state and federal regulations in 1993, as ordered by the
Alaska Department of Environmental Conservation and the United States Environmental
Protection Agency; and
WHEREAS, the contract provides, as specified in Article 14.4.1, that the
performance of the work may be terminated by the City in accordance with this section,
in whole or in part, whenever, for any reason, the Contracting Officer shall determine
that such termination is in the best interest of the City; and
WHEREAS, the contract provides that in arriving at the amount due the contractor
in the event of a termination for convenience, there shall be deducted any claim which
the City may have against the contractor; and
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-173
WHEREAS, the contract further provides, as specified in Article 14.4.6, that where
the work has been terminated by the City, said termination shall not affect or terminate
any rights of the City against the contractor or his surety then existing or which may
thereafter accrue because of such default; and
WHEREAS, the Contracting Officer has determined under all the circumstances
that a termination of the contract for the convenience of the City is in the best interest
of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The performance of the work by AB&H under the contract for removal
and disposal of sludge from Lowell Point Sewage Lagoon shall be terminated.
Section 2. The Contracting Officer is directed to effect the termination
immediately by delivering to the contractor a notice of termination, specifying that
termination is for the convenience of the City, and that the contractor's work is fully
terminated effective immediately upon receipt.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
16th day of October, 1992.
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
Bencardino, Crane, Krasnansky, Sieminski, Swartz, White
None
None
None
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-173
A TIEST:
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the city of
Seward, Alaska
(City Seal)
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Fred B. Arvidson
City Attorney