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HomeMy WebLinkAbout87-75 RESOLUTIONRESOLUTION NO. b'?' -S" A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CAPWELL CONSTRUCTION COMPANY OF SPRINGDALE, ARKANSAS, FOR THE RELOCATION OF UTILITY LINES AT THE HIGHWAY 16 WEST/HIGHWAY 71 NORTH INTERCHANGE. 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 Capwell Construction Company of Springdale, Arkansas, for the relo- cation of utility lines at the Highway 16 West/ Highway 71 North Interchange. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS Ilt4 DAY OF OCTOBER, 1975. ATTEST: CITY, CLERK APPROVED: MAYOR • s A-13 R7- 75 EVA/br!. "A" CONTRACT AGREEMENT 1. This Contract and Agreement, made and entered into this 16 day of October , 197.5_ by and between the City of Fayetteville, Arkansas, Party of the First Part, acting through it's duly authorized rep- resentative, and Capwell Construction Company, Incorporated 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 ail tools, labor, equipment, materials, and supplies requ.ired to be furnished and to con- struct the improvements designated as WATERLINE RELOCATION NWY 16 & 71 BYPASS for the City of Fayetteville, Arkansas, inexact accordance with the Plans on file gat 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=f-rtfie.r-agreed and-'-nderstood by and between. the parties-- hereunto that the Party of the First Part agrees to pay and the Party of the Socand Part agrees to accept as full and `inal.compensaticn for all vork done under this agreement, the unit prices nan.cd in the Proposal which is hereto 'attached, such payment to be made in lawful money of 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 ttie tine specified, he shall pay t� the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the nature of a P?salty, the amount specified in the Proposal for each day delayed, for each Schedule delayed, which shall be deducted .`rom the final amount to be paid under the contract, provided that extensions of time with waiver of liquidated damages may be•aranted as provided for in the Specifications. 4. .The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Contract, as r' -.,wired by the laws of the State of Arkansas, and•for not less than one endred (100) percent of the amount of this contract. Said Bond shall be conditioned on full and complete performance of this Contract and for the f`y;::cnt of all labor and materials entering into or incident to the proposed 6 mprovelents and sha11 guarantee the work against faulty workmanship or `^_rials for a pflriod or one (1) year after completion. The Surety on said Scrd shall be a Surety Company of financial resources satisfactory to the Party of the First Fart, and authorized to do business in the State of Arkansas. 5'. The,Party of the Second Part agrees also to carry Public Liability Insurance, Property Damage Insurance, and Workmen's Compensation Insurance in ar.lcunts as required by these Specifications. WITNESS OUR HANDS THIS I DAY OF (c tL_QAw WITNESS: SEAL (if CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS BY/.46W-•19-7/.) t 23 a,On� Mayor Juju All -14.44 -16 -- any) Com . jT e� t Contractor WITNESS: 1 and Title ,�-1- —,e 5J7 5.2.4-<.4do� Business Address / Affix Corporate Seal here (if any) • • 6 6 • •