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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