HomeMy WebLinkAbout70-71 RESOLUTIONRESOLUTION NO. 10.7/
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the City Manager and the City Clerk be and they hereby
are authorized and directed to execute one certain agreement
by and between Joe Brennan and the City of Fayetteville, Arkansas.
abcopy of which is attached hereto marked Exhibit A and made a
part hereof. /�. - , 1
PASSED AND APPROVED this 12t& day of O , 1971.
APPROVED:
1
•
•
9. r
FORM OF AGREEMENT
Page 1
•
FORM OF AGREEMENT
THIS AGREEMENT made the 27th day of September in the year Nineteen
Hundred and Seventy One by and between Joe Brennan, an individual
trading as Joe Brennan - General Contractor, Fayetteville, Arkansas
hereinafter called the Contractor, and . The City of Fayetteville, Arkansas
hereinafter called the Owner,
WITNESSETH, that the Contractor and the Owner for the considerations hereinafter
named agree as follows:
ARTICLE 1. SCOPE OF WORK
The Contractor shall furnish all of the materials and perform all of the work
shown on the drawings and described in the specifications entitled
Alterations and Additions, City Hospital and Geriatric Center, Fayetteville,
Arkansas, Project Ark -222c and 222d, dated June 7,' 1971 and marked for
identification Plan No. 1840
as prepared by Nelson, Laser & Cheyne, Architects, Fort Smith, Arkansas, acting
as and in these Contract Documents entitled the Architect; and shall do every-
thing required by this Agreement, the General Conditions, the Specifications
and the Drawings.
ARTICLE 2. TIME OF COMPLETION
The work to be performed under this contract shall be commenced within ten days
after date of receipt of written notice to proceed and shall besubstantially
completed within 300 calendar days from and after said date.
ARTICLE 3. THE CONTRACT SUM
The Owner shall pay the Contractor for the performance of the Contract subject
to additions and deductions provided therein, in current funds as follows:
Five Hundred Sixty Thousand and no/100 Dollars ($560,000.00) being the amount
of the Contractor's Bid Proposal A.
Where the quantities originally contemplated are so changed that application of
the agreed unit price to the quantity of workperformed is shown,to create.a;:.
hardship to the Owner or the Contractor, there shall be an equitable adjustment
of the Contract to prevent such hardship.
•
FORM OF AGREEMENT
Page 2
ARTICLE 4. PROGRESS PAYNE=
•
The Owner shall make payments on account of the Contract as provided therein
as follows:
On or about the first day of each month ninety percent of the value, based
on the contract prices of labor and materials incorporated in the work and
of materials suitably stored at the site thereof or at some other location
agreed upon in writing by the parties up to the first day of that month, as .
estimated by the Architect, less the aggregate of previous payments; and -
upon substantial completion of the entire work, a sum sufficient to increase
the total payments to ninety-five percent of the contract price.
ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due approximately two weeks after substantial completion
of the work provided the work then be fully completed and the Contract fully
performed.
Upon receipt of written notice that the work is ready for final inspection
and acceptance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract fully per-
formed he shall promptly issue a final certificate, over his own signature,
stating that the work provided for in this contract has been completed and is
accepted by him under the terms and conditions thereof, and that the entire
balance found to be due the Contractor, and noted in said final certificate,
is due and payable.
Along with the issuance of final certificate of payment the Contractor shall
submit properly prepared Affidavit of Release of Liens A.I.A. Form G -706A
as evidence that all payrolls, material bills, and other indebtedness
connected with the work have been paid.
If after the work has been substantially completed, full completion thereof
is materially delayed through no fault of the Contractor, and the Architect
so certifies, the Owner shall, upon certificate of the Architect, and without
terminating the Contract, make payment of the balance due for that portion of
the work fully completed and accepted. Such payment shall be made under the
terms and conditions governing final payment, except that it shall not con-
stitute a waiver of claims.
ARTICLE 6. THE CONTRACT DOCUMENTS
The General Conditions, the Specifications and the Drawings, together with
this agreement, form the Contract, and they are as fully a part of the Con-
tract as if hereto attached or herein repeated. The following is an enumera-
tion of the Specifications and Drawings.
General Conditions
Specifications dated June 7; 1971 ,
Drawings dated June 7, 1971 -
Addendum No. 1 dated August 11; 1971
Addendum. Drawing No. 1 dated,August 8
FORM OF AGREEMENT
Page 3
IN WITNESS WHEREOF the parties hereto have executed this Agreement, the
day and year first above written.
JOE B' - GENERAL CONTRACTOR
C7*--b—
Joe Brennan
THE CIITYY OF FAYYEETTEVILLE. ARKANSAS
By !/^� /�/ i l^
LE2
Wesley owe, City Administrator
