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HomeMy WebLinkAbout43-73 RESOLUTIONRESOLUTION NO. 43-73 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be and they are hereby authorized and directed to execute one certain contract for certain improvements in the Fayetteville Park System. A copy of the contract is attached hereto, marked Exhibit "A", and madeaa part hereof. PASSED AND APPROVED this 15th day of May , 1973. APPROVED: ATTEST: 4 ?4,4Mayor 1.• CONTRACT STATE OF ARKANSAS COUNTY OF WASHINGTON THIS AGREEMENT made and entered into on this 29th day of . May , 19 73 , by and between the City of Fayetteville, Fayetteville, Arkansas, Party of the First Part, hereinafter called the Owner, and Anchor Construction Company of the City of Fayetteville, Arkansas, Party of the Second Part, hereinafter called the Contractor. WITNESSETH: That Whereas, the Owner has called for bids for tennis court construction, as set out in these Specifications and approved by the Owner, and WHEREAS, the Contractor is the best bidder for the work hereinafter set out, pursuant to the•published Call for bids under said Plans and Specifications, NOW, THEREFORE, the Contractor agrees with the Owner to furnish the materials and complete -the construction and/or rebuilding of: Tennis courts at Wilson and Walker ?arks, including all relt.ed work as shown on the Plans and described in the Specificationc, • for the unit prices and lump sum bids shown in the followin tabulation. Item Quantity Item No Unit Extended ?rice 1 Lump Sum 2 Lump Sum 1965 C.Y. 1444 S.Y. 90 C.Y. 303 Tons 200 236 Tons. Lump Sum Lump Sum 3 4 5 6 7 8 9- 10 11 Lump Sum Tree and Stump Removal Top Removal and Respreading Excavation Soil Treatment Stabilized Limestone Base Asphaltic Base Prime Oil Asphaltic Surface 10' Chain Link and 2 Entrances 2 Pair Net 'Rost& and 2 Center Anchors Plexipave Surface and Court : Lines 4$ 375.00 1500.00 1.25/C.Y. 0.15/S.Y. 3.00/C.Y. 1200/Ton 0725/1al. 15.20/Ton 404.90, 301.00 2600.00 • 375.00 1,500.00 2„456,.25 216.60 720.00 • 3,636.00 50.00 ,3,540.00 4,024,90 3C):), TOTAL $19.313.73 The Contractor agrees to complete all work pertaining to tennis.court con- struction 90 calendar days from the date of the execution of• the contract. a, 'c UNO r:17,1r;cnsM CLELLAND CONSM 41744 4 • The Owner agrees to pay the Contractor.in current funds for the performance. of the contract in accordance with the accepted Proposal therefore, subject to additions arid deductions, as provided in the General and Detailed Speci- fications, and to make payment on account there as provided below: As soon as is practicable after the first of each calendar month, the Owner will -make partial payments to the Contractor for work performed during the preceding calendar month, based upon the,Engineer's estimate of work com- pleted, said estimate being certified by the Contractor and accepted by the Owner. .A retainage of ten percent (101 of the first fifty. percent (507:) of contract work shall be withheld by the municipality, but upon the completion of the first fifty percent (50) of the contract work, one-half (}) of said retainage shall be paid to the contractor. No more than five percent (5') retainage may be withheld by the municipality on the remaining fifty percent (50) of the work performed. Upon completion of the work and final acdeptance by the Owner and Engineer, the Engineer shall issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder, shall be, and are essential conditions hereof. The Contractor agrees to commence work as specified in the Detailed Specifi- cations, and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time specified herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay • the Owner, as liquidated damages the sum of fifty dollars ($50.00) per day for each working day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the partes to this -contract to be the amounts of damage Owner would sustain. saia amounts of liquidated damages shall be deductible from'any amount due the Contractor under Final Estimate of said work, after the completion thereof, and Contrac- tor shall only be entitled to the Final Estimate, less such amounts Of liquidated damage. If the 2ontractor be delayed at any time in the progress of the work by any• act or neglect of the Owner or of his employees, or by any other Contractor employed by the Owner; or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualies or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice,.given Contractor by the. Owneror by the Engineer, then the Owner shall have the IV -2 M CLELLAND CONSULTING ENGINEERS , INC t. • • option of declaring this contract at an end, in which event, the Owner. shall not be .liable to the Contractor for any work, theretofore performed hereunder, orof requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor., and in that event, should the surety fall, neglect or refuse to carry out said contract, said Owner may complete the said contract at its own eXpense, and maintain an action against the Contractor and the surety hereto for the actual cost of same, together'with any damages or other -expense sustained or incurred by Owner in completing this contract less the total amount provided for hereunder to be paid Con- tractor, upon the completion of this contra -A. This .eontract shall be.bindingupOn the heirs, representatives successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. AL0j;.-rtcc-imel9,!57 Witnesses ATTEST: Anchor Construction Cornany By: nCORkciTOR CITY OF FAYETTEVILLE _:FAYETTEVILLE, ARKANSAS By: • / • Mayor IV -3 M CLELLAND comsumwe ENGINEERS 1 INC ttle)