RESOLUTION #09-102

Approving payment to Heiar Fencing in the Amount of $6,300
for the Fence Located at the City Park, Between the Fair
Office and the Berndes Center Gate

WHEREAS, The City hired Heiar Fencing to perform fence repairs to a fence located at the City park, between the fair office and the Berndes Center gate, and

WHEREAS, Heiar Fencing was the low bidder, of two bidders on the project, each bidding the project to identical specifications, and

WHEREAS, The bid price was $6,300, however, the invoice received from Heiar Fencing billed an additional $1,260 related to the replacement of the top rail, and

WHEREAS, The original bid indicated that rail replacement as needed was included in their bid of $6,300, and for that reason the City Administrator informed Heiar that he would not approve any additional payment for rail, also considering that Heiar Fencing had inspected the project before bidding, and at least once thereafter before performing any repair/replacement of said stretch of fence, and

WHEREAS, The Council finds that the original bid provided by Heiar, on which the decision to hire them was based, covered the replacement of rail as needed, and for that reason does not find it appropriate to approve of the payment of the additional invoiced amount of $1,260.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby direct the City Clerk’s office to pay Heiar fencing for the repair and replacement of the referenced section of fence in the amount of $6,300, with a copy of this Resolution to accompany the payment, so that Heiar Fencing is fully aware of the position taken by the City Council that said payment shall be considered payment in full for their efforts related to said fencing repair / replacement.