HomeMy WebLinkAbout24-76 RESOLUTION•
RESOLUTION NO.o *' /(o
a
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH JERRY D. SWEETSER, INC. FOR THE CON-
STRUCTION OF A SEWER LINE ALONG COLETTE AVENUE.
WHEREAS, the City of Fayetteville has heretofore advertised
for competitive bids pursuant to Ark. Stat. 14-611 - 14-612 for
the construction of a sewer line along Colette Avenue; and
WHEREAS, subsequent to the opening and comparison of the
aforesaid competitive bids, a construction contract was awarded
to Capwell Construction Company; and
WHEREAS, Capwell Construction Company has breached said
contract in that it has failed to commence work within the time
provided by the contract; and
WHEREAS, Jerry D. Sweetser, Inc. submitted the second low
bid for construction of the aforesaid sewer line and has agreed
to accept the job at its original bid and furnish a performance
bond; and
WHEREAS, the Board of Directors has determined that Jerry
D. Sweetser, Inc. is the lowest responsible bidder and is of
the opinion that the best interests of the city would be served
by awarding a construction contract to said company.
NOW, THEREFORE, 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 Jerry D.
Sweetser, Inc. for the construction of a sewer line along
Colette Avenue at a contract price of $28,037.40. A copy of
said contract, marked Exhibit "A", is attached hereto and made
a part hereof.
PASSED AND APPROVED THIS /y DAY OF
ATTEST:
CITY CLERK
APPROVED:
MAMA 0
r.7
1
1976.
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CONTRACT AGREEMENT
1. This Contract and Agreement, made and entered into this 2nd
day of June , 1976 by and between the City of Fayetteville, Arkansas
Party of the First Part, acting through it's duly authorized representa-
tive, and Jerry D. Sweetser, 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 furnished
and to construct the improvements designated as Colette Avenue Sanitary
Sewer Extension
for Twenty Eight Thousand Thirty Seven Dollars and Forty Cents.
Cents ($28,037.40)
in 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 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 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 day
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 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 required by the laws of the State of Arkansas, and for not less
than one hundred (100) percent of the amount of this contract Said
-2 -
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 Bond 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 Liability
Insurance, Property Damage Insurance, and Workmen's Compensation
Insurance in amounts as required by these Specifications.
WITNESS OUR HANDS THIS 2nd DAY OF June , 1976.
Y�-,
(9art} of the First Part)
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