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652 Extending Completion Deadline for Elevated Water Storage Tank Contract No. 1 ti ca ° 04- 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.