Loading...
HomeMy WebLinkAbout17-75 RESOLUTIONRESOLUTION NO. J17-rfs mk A RESOLUTION AWARDING A CONTRACT BY FAYETTEVILLE IMPROVE- MENT DISTRICT NUMBER 74-1 FOR THE PAVING OF EVA AVENUE FROM WEDINGTON DRIVE SOUTH TO THE DEAD-END OF EVA AVENUE. WHEREAS, pursuant to Ordinance Number 2051, adopted September 17, 1974, the Boarrd of Directors of the City of Fayetteville, Arkansas, by virtue of their offices, constitutes the Board of Commissioners of Fayetteville Street Improvement District Number 74-1 for the purpose of carrying out the im- provements provided for in said Ordinance; and WHEREAS, the Board of Directors has caused advertisements for bids for the construction of the aforesaid improvements to be published; and WHEREAS, pursuant to said advertisements, certain bids have been received. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS, ACTING AS THE BOARD OF COMMISSIONERS FOR FAYETTEVILLE STREET IMPROVEMENT DISTRICT NUMBER 74-1: That the bid of C well C'onstrurtion Company in the amount of $21,593.70 for constructing the improvements authorized by Ordinance Number 2051 for Eva Avenue be, and the same is hereby, accepted; and the Mayor and City Clerk are here- by authorized and directed to execute a contract for the con- struction of said improvements with Capwell Construction Co., at a contract price of $21,593.70 • PASSED AND APPROVED THIS DAY OF wilowo 1975. ATTEST: 410. CITY CLERK A - • APPROVED: (7-170.44-071). at -6.77-) MAYOR .ec1&O , dun uv CGNTRACT AGREEMENT 1. This Contract and Agreement, made and entered into this 10th day or • Marche 77. ii , 19 75 by and between the .Eva Avenue'Street o ent District trayetteville Board of Di emrectors as Commission) Party of the First Part, acting through it's duly autnorized repre- sentative, and Capwell Construction Company, Inc. -Party of the Second Part: WITNESSETH: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second -Part hereby agrees to furnish' all tools, labor, equipment, materials, and supplies required to be furnish-,. ed and to construct the improvements designated as Eva Avenue Street Improvement for - the unit prices listed in the Bid Proposal attached hereto and made a part hereof ih Exact accordance with the Plans on file at the office of the Party of the First Part, and Specifications, Proposals, Stipulations, and Special Provisions attached hereto and made a part hereof as fully as though copied herein,.under the direct supervision and to the entire satisfaction of the Party of the First Part and: in accordance with the laws of the State of Arkansas. 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party Of the Second Part agrees to accept as full and final compensation . for all work done under this agreement, the unit prices named in the Proposal which is hereto attached, such payment to be made in lawful money c; the United States, at the time and in the manner set forth in_the Specifications. 3, The Party of the Second Part agrees, for the consideration above - expressed, to begin and complete the work within the time specified -in the Proposal. If the Party of the Second Part shall fail to complete the work in the time specified, he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the amount specified in the Proposal for. each delayed, for each Schedule delayed, which shall be deducted from the • final amount to be paid under the contract, provided that extensions of time with waiver of liquidated damages may be granted as provided for in:tha=Specifications,.. 4. The Party of the Second Part agreesto furnish a Bend, with an approved Surety thereon, guaranteeing the performance of this Contract, as required by the laws of the State cf'Arkansas, and for not less • • than one hundred (100) percent of the amount of this contract. Said Bond shall be conditioned on full and complete performance of this. Contract and for the payment of all labor and materials entering into or incident to the proposed improvements and shall guarantee the work against faulty workmanship or materials for a period of one (1) year after completion_ The Surety on said Bend shall be a Surety Company of•financial resources satisfactory to the Party of the First Part, - and authorized to do business in the State of Arkansas. 5. The Party of the Second Part agrees also to carry Public Lia= bility Insurance, Property Damage Insurance; and Workmen's Compen— sation Insurance in amounts as required by -these Specifications. WITNESS OUR HANDS THIS 10th DAY OF 1MfJJarcch ,7z. 14 75 - Eva yAof Avenue Street District No. Commissioners • (PARTY OF. THE FIRST PART) By Marion R. Orton, Mayor WITNESS: SEAL (if any) City Clerk WITNESS: Contractor By Title Corporate Seal (if any) Business Aodress • • • PERFORMANCE AND LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, as Principal, and as Surety, are held and oreriroly bound unto the State of Arkansas and , Arkansas, as Contracting Authority, in the sum of Dollars (G ), for the payment whereof Principal end Surety bind themselves, tEoir heirs, personal representative, successors and assigns, jointly and severally, by these presents. The condition of this Bond is as follows: That, Wheras, said Principal has entered in Contract with said Con- tracting Authority for furnishing all tools, labor, equipment, materials and supplies requird to be furnished for constructing_ whlcn is more specifically mentioned in said Contract, and for the completion of the work to be performed in accordance with the terms and conditions of said Contract and all Contract Documents made a part -thereof. Now, therfore, if the above Principal shall in all things faithfully perform the Contract and. shall fully indemnify and save harmless the Contracting Authority from all cost and damage which it may suffer by reason of failure so to do and shall fully reimburse and repay the Ccntracting Authority all outlay and expanse which it may incur in making good any such default, and shall perform all the terms, covenants, guarantees and agreements in said Contract at the time end in the manner and in the form ther..einspecified, and shall do and perform all work and furnish all labor. and supplies as spedified in said. Contract in strict accordance with the terms therepf,, and shall pay all persons who have contracts directly with the Principal for labor or materials and shall pay all bilis for materials, labor and supplies entering into and incident to the performance of said -Contract and.shall pay all.claims for labor, camp equipment, fuel, including oil and gasoline, food for men and feed for animals, labor and material expended in making repairs on machinery and/or equip- ment usod•in connection with the construction, and all other supplies used in the construction, all rentals on machinery, equipment, mules, - horses, all bond premiums and premiums for Liability and Workmen's Compensation Insurance, and shall complete the project at the contract price within the time specified in said Contract, and shall pay all taxes or payment to the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with I t • wages earned by workmen on the project, and shall guarantee all work against faulty materials or poor workmanship during the construction period and for one year after the date of completion of the said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereon further agrees that lack of knowledge by the.Surety or any delay of the progress of the work Ly the Principal.shali not operate as a defense by the Surety to any claim or suit on the Bond. PROVIDED, that any alterations which may be made in the terms of .the Contract, or in the work to he done under it, or the giving by the Contracting Authority of any extensions of time for the per— formance of the Contract or any other forbearance on the part of . either the Contracting Authority of the Principal to the other..shall. not in any way roleasa the Principal and the Surety or either of them, their heirs, personal representative, successors and assigns, from their liability hereunder, notice to the Surety of any such alteration, extension, or forbearance being hereby waived. If the Principal shall fail -to pay any claims for labor, materials or supplies used in the course of the performance of the work or contingent or incident thereto, such claims shall have a direct right of action on this Bond, but payments thereon shall be post— poned until all claims of the Contracting Authority hereon have been paid in full. WITNESS OUR HANDS, this, day of Witness: Witness: , 19 (Principal) By (Surety) By NOTE: This bond must be filed with the Circuit Clerk of the County wherein the work is to be performed. The amount of this bond must be at least on hundred (100) percent of the Contract Price,