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R-03-67 A RESOLUTION AUTHORIZING A CONTRACT TO SPAN SYSTEMS, INC. FOR A ROOF STRUCTURE FOR THE PERFORMING ARTS CENTER. AND FURTHER AUTHORIZING THE ASSERTION OF LEGAL CLAIMS AND RIGHTS IN CONNECTION WITH THE PRIOR ROOF STRUCTURE. WHEREAS. by Resolution No. R-03-63, the City Manager was authorized and directed to recommend to City Council a proposed contractor for the repair of the roof structure for the performing arts center commonly known as nTelos Pavilion at Harbor Center, with his recommendation to be based on (a) price; (b) the ability to complete the work expediently; (c) experience and qualifications; and (d) honesty and integrity; and WHEREAS, the City Manager has solicited and received bids from several qualified contractors for this purpose and has thoroughly investigated and considered those bids; and WHEREAS, the City Manager has recommended that the contract be awarded to SPAN SYSTEMS, INC., based on the above four criteria; Now, therefore, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: That the Director of Procurement and Risk Management is hereby authorized to issue to SPAN SYSTEMS, INC. a "Notice of Intent to Award Contract" for redesign and replacement of the performing arts center commonly known as nTelos Pavilion at Harbor Center. Said Director is hereby further authorized to negotiate and to execute a contract for said purpose with SPAN SYSTEMS, INC., with the contract to be in an mount not to exceed $1,261,000, covering design, construction, and a performance bond satisfactory in form and substance to said Director and to the City Attorney. An additional $250,000 shall be permitted for changes and contingencies. 3. The contract shall require completion by June 1, 2004. The contract shall require the completed structure to be able to withstand winds of at least 100 miles per hour, and it shall contain design and/or performance standards and warranties acceptable in form and substance to the City Engineer and the City Attorney. The City Manager shall make timely reports to Council On the status of this contract and the performance of the contractor. The City Attorney is further authorized and directed to pursue all legal rights and claims that may lie against the original provider of this roof structure, Birdair, Inc.