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HomeMy WebLinkAboutRes1991-120 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 91-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING A CONTRACT TO RECONSTRUCT THE SAND SHED ROOF WHEREAS, the city of Seward properly advertised a request for proposals to replace the sand shed roof; and WHEREAS, Homeland Enterprises submitted a bid containing three options, two of which were disqualified because they did not provide adequate clearance below the roof trusses as set forth in the design parameters; and WHEREAS, Swenson Construction submitted the lowest qualified bid; and WHEREAS, funds for the project are available in the 1992 Capital Budget and the 1992 Street Department Operating Budget; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to award a contract not to exceed $16,945.00 to Swenson Construction for replacement of the sand shed roof. A copy of the contract is attached and incorporated herein by reference. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23rd day of September, 1991. THE CITY OF SEWARD, ALASKA Ct'(L~C:f' /di~ David L. Hilton, Mayor AYES: NOES: ABSENT: ABSTAIN: Burgess, Dunham, Hilton, Krasnansky, Meehan & Sieminski None Simutis None -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 91-120 ATTEST: (City Seal) APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska "7.,,1. IIf ~ Fred B. Arvidson City Attorney -2- . CITY OF SEWARD REPLACMENT OF PUBLIC WORKS SAND SHED ROOF SEWARD, AlASKA THIS CONTRACT, made this of Seward, Alaska, acting by SWENSON CONSTRUCTION successors and assigns, party of the second part, hereinafter called the Contractor. "1~ day of (\J ,:J I.J and through its Contracting , 19 -f! Officer, party of , between the City the first part, and its WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish all equipment, material, and labor required to replace the Public Works Sand Shed Roofin accordance with the contents of the Request for Proposal and attachments submitted with the proposal. The Contractor hereby agrees that the lump sum price set forth in his Bid Schedule is full compensation for furnishing all equipment, material and labor which may be required in the prosecution and completion of the whole work to be done under this Contract, and in all respects to complete the Contract to the satisfaction of the Contracting Officer. The Contract Payment shall not exceed: Sixteen Thousand Nine Hundred Forty Five and no cents (Slh,q4~ nn ), Dollars. (PW Sand Shed Roof) The Contractor further covenants and agrees that: all of the work and labor shall be done and performed in . best and most workmanlike manner and that all material and labor shall be in strict and entire conformity every respect with the Proposal Documents, Specifications and Drawings, ( and Addenda thereto) and roposal Schedule (with exceptions noted above); that he will abide by and perform all stipulations, covenants, and agreements specified in those documents, all of which are by reference hereby made a part of the Contract, as to all premises therein: and in case any materials or labor shall be rejected by the Contracting Officer or authorized representative as defective or unsuitable, then the materials shall be removed or replaced with other approved materials and the labor shall be done anew, to the satisfaction of the Contracting Officer or his representatives, at the cost and expense of the Contractor. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United State of America, and in accordance with the laws of the State of Alaska and the City of Seward. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Contracting Officer, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work is ordered in writing by the Contracting Officer. In no event shall the Contractor incur any liability by reason of verbal directions or instructions given by the Contracting Officer or his representatives, nor will the City be liable for any material furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order first being given by the Contracting Officer. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no .im for compensation for work or materials done or furnished without such written order. Replacment Roof a;d Shed _ge2 The Contractor further covenants and agrees that all construction permits, and materials shall be furnished and delivered and all labor shall be done and performed, in every respect, to the satisfaction of the Contracting Officer on or before 45 calendar days following date of the Notice To Proceed, It is further expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Contracting Officer; to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the party of the first part shall have the right to recover -Fifty dollars ($50.00) per day for each calendar day elapsing between the time stipulated for the completion in accordance with the terms hereof; such aforementioned deductions to be made, or sums to be recovered, not as a penalties but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay the completion of the work, the Contracting Officer may, at his discretion, extend the period specified for the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. ~ WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above ~tten. ~ARD 9- - tijR TI 1EfI14f~/ CONTRACTOR 5:4...-'-;,,., 1"(...1 '-' (~,'-N. (~ //-1-'1/ (DATE) ~ s:-~ AUTHORIZED SIGNATURE (DATE) . A TrEST: APPROVED AS TO FORM PERKINS COlE, ATTORNEYS FOR THE CIlY OF SEWARD, ALASKA .~~~ :c ~ eln" CLER.K (cnY's SEAL) " ~~ CIlY ATTORNEY STATE OF ALASKA. } }SS THIRD JUDICIAL DISTRICT } THIS IS TO CERTIFY that, on this ~!:i.. day 01 5:.., ~ .199' /. before me, the undersigned, a Notary Pub~liC' and for the State ~u1y commissioned an:aswom as sp.c,h, personally apeeared ~~ _ ~..4 .. >1:... _ lawful agent for ~ _ l2a 1l _ { . known to e and to me knOW1}. to be the person who executed the foregoing .strument for and on behalf ot $,. oJ n.. L~ . and who acknowledged that signed tbe same freely and voluntarily for the uses and purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and afIIxed my Notarial Seal the day and year .....Inabove ........... ~ o i State of Alaska My Commiss on expires: ?~/-?'/ , .