652 Extending Completion Deadline for Elevated Water Storage Tank Contract No. 1 ti
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RESOLUTION NO. 652
A RESOLUTION relating to an extension of time for the completion
of a contract for the construction of Job. No. 85 Elevated
Water Tank.
WHEREAS, the City of Salina, Kansas, has entered into a contract
with(Johnson Bros. Const. Company)ror the construction of Con-
crete foundations, Contract No. 3 of Job No. 85 Elevated Water
Tank, (P.W.A. Project State File No. Kan 1931 R)
WHEREAS, the said project could not be fully completed on the date
specificed in the contract documents for its completion:
BE IT RESOLVED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. The attached statement is hereby found and
determined to be a true and correct statement of facts upon which
subsequent sections of this resolution are predicated.
Section 2. The approval by the Federal Emergency k4inis-
tration of Public Works of an extension of time for the completion
of said contract by the aforesaid contractor as set out in the
attached statement is hereby requested.
Section 3. Upon the approval by the Federal Emergency
Administration of Public Works of an extension of time requested
in Section 2 hereof, the Board of Commissioners of the City of
Salina, Kansas, proposes to adopt the following resolution:
"WHEREAS the Federal Emergency Administration of
Public ti Works has approved a requested extension of 4
time for the completion of the contract entered into !,T
by the City of Salina, Kansas , with Johnson Bros.
Const. Company `for the construction of(Concrete
foundations Contract No. d2 of Job No. 85 Elevated
Water Tank (P.W.A. Project State File No. Kan 1031 R) ,•,
BE IT RESOLVED, by the Board of Commissioners of the
City of Salina, Kansas:
Section 1. The City of Salina, Kansas hereby grants
an n'sron of time for the completion of the con- F f'
tract hereinbefore referred to from the 1st day of
February, 1936, to the 1st day of March, 1936:
Section 2. The City of Salina, Kansas , herby waives
any and aI1 provisions of the said contract for liqui-
dated damages to the extent of the additional time for
the completion of said contract granted in Section 1
hereof.
Section 3. The Clerk is hereby authorized and directed
to forward six certified copies of this resolution to
the State Director of the Federal Emergency Administra-
tion of Public Works."
Section 4. The Clerk is hereby authorized and directed
to forward two certified copies of this resolution, together with
two copies of any and all attachments hereto, to the State Director
of the Federal Emergency Administration of Public Works.
Introduced, February 3, 1936
Passed and approved this 10th day of February, 1936.
ATTEST : V7-77 ,4t P
11 41. ayor
y er .
CERTIFICATE
I, the undersigned, the duly qualified and acting City
Clerk of the City of Salina, Kansas, DO HEREBY CERTIFY that the
above and foregoing copy of a resolution is a true and correct
copy of a certain resolution duly and regularly adopted at a
meeting of the Board of Commissioners of the City of Salina,
Kansas on the 10th day of February, 1936.
/1' \
_.14C_.
or.
S. D. Kansas Bulletin No. 32
State File No. Kan 1031 R
(Docket Numbe77—
February 10, 1936
STATEMENT TO SUPPORT RESOLUTION RELATING TO AN EXTENSION
OF TINE FOR THE COMPLETION OF A CONTRACT FOR THE CON-
STRUCTION OF
Elevated Water Tank
(Project)
A. ame of Contractor Johnson Bros. Const. Co.
Address 340 N. 5th St._ Salina, Kansas
Type of Work Construction of concrete foundations
B. Date of execution of the contract by the Owner and the Contractor Oct. 28, 1935
C. Date of approval of the contract by the State Director, P.W.A. Nov. 20, 1935
D. Date work under the contract started Dec. 2, 1935
E. Time of completion stated in the contract:
Date Feb. ]., 1936 or the number of (Days) - (Months)
F. If the request is for retroactive approval:
1. Date work was actually completed
2. Date work was accepted by owner
G. If the request is in anticipation of delay:
1. Physical percentage of work completed to the date of request
(From last P.W. Form I-23) 86.8%
2. The effect of the change on other principal contractors and on
the project as a whole Tank and tower contractor will be
delayed in starting erection which may delay their date
of completion of May 1, 1936.
H. The effect of the change on the seven items in the standard classification of
Project costs due to granting of Extension of Time:
Classification Addition Deduction
1. Preliminary
2. Lands, etc.
3. Construction (a) Contracts
(b) Field Supervision, Inspection, etc.
4....._ Engineering
5. Legal, etc.
6. Interest
I. The effect of the change on the Surety's obligation under the Contractor's
performance bond Does not in any way effect Surety's obligation.
J. The extension of time requested extends the date of completion to March 1,
`
1936 , or extends the date of completion 31 calendar (Days) -
(Months) .
K. The liquidated damages stipulated in the contract are as follows: - See
attached contract clause.
The Owner proposes to waive liquidated damages subject to
approval of__such waiver by the Administrator of the Federal
Emergency Administration of Public Works.
The Owner *proposes - ItA t ,X X XX - to waive liquidated damages.
* (Strike out the word or words inapplicable to conform with Section 3
of the supporting resolution) .
1. Reasons for extension requested, together with supporting data in as much
detail as possible Due to extreme cold weather it was not possible
for the contractor to complete concrete construction prior to
completion date as specified in the contract, in accordance with
section 13 of Specification No. 3 of the Standard Specifications
of the City of Salina, Kansas.
Ko The liquidated damages stipulated in the contract are as
follows: See attached contract clause.
12. In event the contractor shall fail to complete the improve-
ments herein provided for on or before the date hereinabove
stipulated, then the City of Salina, in accordance with the speci-
fications of the City Engineer, which are made a part of this
agreement as aforesaid, shall be entitled to deduct from any sum
or sums due the contractor in the final settlement between the
parties, as liquidated damages for such delay, the sum of Twenty-
Five Dollars per day for each and every day after the expiration
of the time limit fixed by this agreement, until said work is com-
pleted and said contractor shall in addition thereto, be held
liable for and shall pay the wages of the inspectors on the work
after said time limit has expired, which said wages shall be de-
ducted from any amount found to be due said contractor on such
final settlement, but nothing herein contained shall be deemed
to be a waiver of the rigtzt of said city to insist upon the per-
formance of this contract within such time, or to prevent the
city from looking to the sureties of said contractor for any and
all damages caused by any such delay, or as a consent to or waiver
of any abandonment of the said work by the contractor, either be-
fore or after the date fixed by completion, and if within ten days
after the receipt by the surety of such contractor of a notice
given to such surety by the city that the contract has been abandoned
by said contractor, or that the contractor has failed to perform
his contract, said surety shall fail to take over such work and
enter into an agreement with the city to complete the same in
accordance with this contract, and to accept as compensation for
such completion only such remaining part of the contract price
which shall not theretofore have been paid by the city to said
contractor, then in such event the city shall have the right to
take over said work and complete the same or to let another con-
tract for such completion, and the contractor and his surety shall
be and remain liable for the full performance and completion of
such contract and for all loss and damage suffered by the city in
connection with such work.