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November 25, 2003 <br /> <br />03 - 430 - Adoption of a resolution authorizing a contract to SPAN SYSTEMS, INC. for a <br />roof structure for the performing arts center, and further authorizing the assertion of <br />legal claims and rights in connection with the prior roof structure. <br /> <br /> Motion by Mr. Moody, and seconded by Mr. Whitehurst, to adopt the following <br />resolution, and was adopted by the following vote: <br /> <br />"A RESOLUTION AUTHORIZING A CONTRACT TO SPAN SYSTEMS, INC. FOR A <br />ROOF STRUCTURE FOR THE PERFORMING ARTS CENTER, AND FURTHER <br />AUTHORIZING THE ASSERTION OF LEGAL CLAIMS AND RIGHTS IN <br />CONNECTION WITH THE PRIOR ROOF STRUCTURE. <br /> <br /> WHEREAS, by Resolution No. R-03-63, the City Manager was authorized and <br />directed to recommend to City Council a proposed contractor for the repair of the roof <br />structure for the performing arts center commonly known as nTelos Pavilion at Harbor <br />Center, with his recommendation to be based on (a) price; (b) the ability to complete the <br />work expediently; (c) experience and qualifications; and (d) honesty and integrity; and <br /> <br /> WHEREAS, the City Manager has solicited and received bids from several <br />qualified contractors for this purpose and has thoroughly investigated and considered <br />those bids; and <br /> <br /> WHEREAS, the City Manager has recommended that the contract be awarded to <br />SPAN SYSTEMS, INC., based on the above four criteria; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That the Director of Procurement and Risk Management is hereby authorized to <br />issue to SPAN SYSTEMS, INC. a "Notice of Intent to Award Contract" for redesign and <br />replacement of the performing arts center commonly known as nTelos Pavilion at <br />Harbor Center. <br /> <br />2. Said Director is hereby further authorized to negotiate and to execute a contract <br />for said purpose with SPAN SYSTEMS, INC., with the contract to be in an amount not <br />to exceed $1,261,000, covering design, construction, and a performance bond <br />satisfactory in form and substance to said Director and to the City Attorney. An <br />additional $250,000 shall be permitted for changes and contingencies. <br /> <br />3. The contract shall require completion by June 1, 2004. <br /> <br />4. The contract shall require the completed structure to be able to withstand winds <br />of at least 100 miles per hour, and it shall contain design and/or performance standards <br />and warranties acceptable in form and substance to the City Engineer and the City <br />Attorney. <br /> <br />5. The City Manager shall make timely reports to Council on the status of this <br />contract and the performance of the contractor. <br /> <br />6. The City Attorney is further authorized and directed to pursue all legal rights and <br />claims that may lie against the original provider of this roof structure, Birdair, Inc." <br /> <br />Ayes: Benn, Griffin, Moody, Randall, Whitehurst, Holley <br />Nays: None <br /> <br /> <br />