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HomeMy WebLinkAbout32-75 RESOLUTIONRESOLUTION NO. 3a -'7b A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WORTH JAMES CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF WATER LINE EXTENSIONS IN THE CITY'S WEST WATER AND SEWER GROWTH AREA. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Worth James Construction Company, Inc., which company is hereby awarded said contract, for water line extensions in the City's West water and sewer growth area in accordance with bid specifications and plans No. FY -47-74, less and except all deductive alternates, deleting lines No. 6, 7, 14, and 20 and line No. 5 from Station 36+25 to 168+25 and line No. 18 from Station 16+40 to 48+25, and adding a six inch cement asbestos water line along Arkansas State Highway 112 beginning at the North City Limits and running thence North and West approximately 6,350 linear feet, and also adding approximately 4,700 linear feet of two inch water line in various locations, and changing the material used for the con- struction of lines No. 1 and No. 2 from Class 200 AC pipe to ductile iron pipe having a minimum wall of 0.27 inches for eight inch pipe and 0.25 inches for six inch pipe and changing the pipe size of line No. 5 from Station 0+0 to 36+25 from six inch to four inch. Said contract, a copy of which, marked Exhibit "A", as attached hereto and made a part hereof, is awarded for the unit and lump sum prices bid, as adjusted. PASSED AND APPROVED THIS DAY OF 7r1 1975. .'h ATTEST::. CITY, CLERK s APPROVED: Aeritd Jett' MAYOR RESOLUTION NO. 3,�-'7S A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WORTH JAMES CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF WATER LINE EXTENSIONS IN THE CITY'S WEST WATER AND SEWER GROWTH AREA. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Worth James Construction Company, Inc., 'which company is hereby awarded said contract, for water line extensions in the City's West water and sewer growth area in accordance with bid specifications and plans No. FY -47-74, less and except all deductive alternates, deleting lines No. 6, 7, 14, and 20 and line No. 5 from Station 36+25 to 168+25 and line No. 18 from Station 16+40 to 48+25, and adding a six inch cement asbestos water line along Arkansas State Highway 112 beginning at the North City Limits and running thence North and West approximately 6,350 linear feet, and also adding approximately 4,700 linear feet of two inch water line in various locations, and changing the material used for the con- struction of lines No. 1 and No. 2 from Class 200 AC pipe to ductile iron pipe having a minimum wall of 0.27 inches for eight inch pipe and 0.25 inches for six inch pipe and changing the pipe size of line No. 5 from Station 0+0 to 36+25 from six inch to four inch. Said contract, a copy of which, marked Exhibit "A", as attached hereto and made a part hereof, is awarded for the unit and lump sum prices bid, as adjusted. PASSED AND APPROVED THIS 1975. ATTEST: r CITY CLERK DAY OF L/71(or APPROVED: /.�/l/LCByti MAYOR • t, State of Arkansas l County of Washington ) CONTRACT THIS AGREEMEIT, made and entered into this , ,• 1975, by and between the City of Fayetteville, Arkansas, Party of tb hereinafter called the Owner, and day of 71 Worth James Construction Comp any irst Part, of the city of hereinafter called the Contractor. WITNESSETH: Whereas, the Owner has called for bids for the construction of Water Main Extensions, West Growth Area of Fayetteville, Arkansas, as set out in the plans and specifications, and WHEREAS, pursuant to the call for bids under said plans and specifications, Contractor is the lowest and best bidder for the construction of said Water Extensions, NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of the following project: Little Rock, Arkansas ; Party of the Second Part, the Main Approximately 32,300 linear feet of 8 inch water line, 55,000 linear feet of 6 inch water line, 20,100 linear feet of 4 inch water line, and 23,500 linear feet of 2 inch water line, together with valves, fittings and related work for a complete installation, as set out, and in accordance with, the plans and specifications, FY -47-74, for the unit and lump =um prices bid in the PropoGal, all of which become and are a part of this contract, the total sum being dollars ($ of the work, ), or, if the Owner elects to delete a portion k as provided in the Proposal, for the total sum of (See III. SUMMARY OF CHANGES) Four hundred. Twenty-one thousand Four hundred Eighty and no/100 dollars ($421,480.00 ), such sum being the agreed amount upon which liabilities are based, and at his own expense and cost furnish all labor, materials, machinery, equipment, tools, supervision, bonds, insurance and other accessories • and services necessary to complete the installation of said facilities in accord- ance with the conditions and prices stated in the Proposal attached hereto and made a part hereof, and in accordance with the plans, which include all maps, plans, blue prints and other drawings, and written or printed explanatory matter thereof. The Contractor agrees to commence implementing the work under this contract within ten (10) days from the effective date of the Notice to Proceed, and fully complete the work within two hundred and forty (240) consecutive calendar days. Contract - 1 Th ragrees tc Day the Contractor in current funds for the performance o Ote code_ therefor, subject the Contract in accordance with the accepted Proposal � addi- tion° ar^ deductions as provided in the General Conditions and in Methods of Measurement and Payment, as provided hereafter in the specifi.cations, and to make pa'ment on account thereof as provided below. As soon as is practicable after the first of each calendar month, the Owner will mase partial tc the Contractor for work performed during the preceding n '' V based month, ba SCd upon the Engineer's estimate of '::ark corlPOErcr.Except as tsaid estimate being certified by the Contractor °nd accepted by the otherwise provided by law, ten n percent (10%) of each approved estimate shall be retained by theOwner until final completion and acceptance bythe Owner and The ir_eer shall then issue a Final Estimate of work done base upon theiorigEngineer agreed d u .on, if any. Elle original Contract and subsequent changes made and g p 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 ter day for each calendar day of delay in completion, o said amount dollars (ix.d0 and between the parties hereto said being fixed and agreed upon by because of the ir.practica.bility and extreme difficulty in fixing amounts of damage Owner would sustain. Said amounts of liauid.ated damages shall be deduct- ible from any etint due the Contractor the sFinal hallbe'�tnt tledimate f onlysaid the work, after the completion thereof, and. the Contractor Final Estimate, less such amounts of liquidated damages If the Contractor 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, lock- outs, fire, unusual delay in transportation, extremely abnormal weather, un- avoidable casualties or any causes beyond the Contractor'scco t roausel,corih by delay he authorized by the Engineer pending arbitration,, or by any 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. written notices egn Cori - In the event the Contractor abandons the wort, hereunder or fails, neglects or refuses10) ctoy continue the worky after ten days(thenhe Oar_er shall have the option. Con- tractor decl ri the sncr or bct theEngineer, Owner 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. may complete the contract at its own expense, and maintain an action against the Contractor 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 Contractor upon the completion of this contract. Neither the final certificate nor payment nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or worn-,.a::=_hip, and, unless otherwise specified, he shall remedy any defects due thereto and pay for any damage to 'other work resulting therefrom which shall Contract - 2 • • appear within a period of ons year from the date of substantial completion. The Owner shall give notice of observed defects with reasonable promptness. All euestions arising under this article shall be decided by the Engineer, subject to arbitration. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto. IN WITNESS WhEHEOF, the Owner and. Contractor have hereto set their hands and seals respectively. j Witnesses Attest Darlene Westbrook, City Clerk Worth James Construction Company Fi 0 Name By 4/(1? ) ;i CITY OF FAYE TEVILLE, ARKANSAS l q Marion Orton, Mayor Contract - 3 1 a • J CONTRACT State of Arkansas County of Washington THIS AGREEMENT, made and entered into this?/ Sr 1975, by and between the_City of Fayetteville, as dayf herinafter called the Owner, and Party of t First Part, Worth James Construction Company of the city of Little Rock, Arkansas hereinafter called the Contractor. WITNESSETH: Whereas, the Owner has called for bids for the construction of Water Main Extensions, West Growth Area of Fayetteville, Arkansas, as set out in the plans and specifications, and ' WHEREAS, pursuant to the call for bids under said plans and specifications, the Contractor is the lowest and best bidder for the construction of said Water Main Extensions, j Party of the Second Part, • NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of the followin e project: Approximately 32,300 linear feet of 8 inch water line, 55,000 linear feet of 6 inch water line, 20,100 linear feet of 4 inch water line, and 23,500 linear feet of 2 inch water line, together with valves, fittings and related work for a complete installation, as set out, and in accordance with, the plans and specifications, FY -47-74, for the unit and lump sum prices bid in the Proposal, all of which become and are a part of this contract, the total sum being dollars ($ ), or, if the Owner of the work,_as provided in the Proposal, for the total sum of (See delete a portion CHANGES) p ' III. SUMMARY OF Four hundred Twenty-one thousand Four hundred Eighty and no/100 dollars.($ 421,480.00 ) such liabilities are based, and at his own, expense �andeing costthe furnishaed allmount l bora materials, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the installation of said facilities in accord • - , ance with the conditions and prices stated in the Proposal attached hereto and made a part hereof, and in accordance'With the plans, which include all maps, plans, blue prints and other drawings, and written or printed explanatory matter thereof. The Contractor agrees to commence implementing the work under this contract within ten (10) days from the effective date of the Notice to Proceed, and fully complete the work within two hundred and forty (240) consecutive calendar days. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Proposal therefor, subject to addi- tions and deductions as provided in the General Conditions and in Methods of Measurement and Payment, as provided hereafter in the specifications, and to make payment on account thereof 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 completed, said estimate being certified by the Contractor and accepted by the Owner. Except as otherwise provided by law, ten percent (10%) of each approved estimate shall be retained by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. If the Contractor fails in completing the contractwithinthe time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, the sum of fifty dollars ($50.00) per day for each calendar day of delay in completion, said amount beingfixed and agreed upon by and between the parties hereto because of the impracticability and extreme difficulty in fixing amounts of damage Owner would sustain. Said amounts of liouidated damages shall be deduct- ible from any amount due the Contractor under the Final Estimate of said work, after the completion thereof, and the Contractor shall be entitled only.to the Final Estimate, less such amounts of liquidated damages. If the Contractor 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, lock- outs, fire, unusual delay in transportation, extremely abnormal weather, un- avoidable casualties 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 Con- tractor by the Owner or by the Engineer, then the Owner shall have the 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. Owner may complete the contract at its own expense, and maintain an action against the Contractor 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 Contractor upon the completion of this contract. Neither the final certificate nor payment nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and, unless otherwise specified, he shall remedy any defects due thereto and pay for any damage to 'other work resulting therefrom which shall Contract - 2 appear within a period of one year from the date of substantial completion. The Owner shall give notice of observed defects with reasonable promptness. All questions arising under this article shall be decided by the Engineer, subject to arbitration. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals respectively. Attest Darlene Westbrook, City Clerk • Worth James Construction Company6 1'I Firm Name CITY OF FAYE TEVILLE, ARKANSAS Marion Orton, Mayor i I • /) • Contract - 3