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HomeMy WebLinkAbout27-76 RESOLUTION1 -t RESOLUTION NO. 470-747 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH NORTHSIDE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A 24 INCH WATER MAIN EXTENSION. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTE- VILLE, ARKANSAS: That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Northside Construction Company for the construction of a 24 inch water main extension at a contract price of $170,169.90. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS /64A DAY OF , 1976. APPROVED: MAYO Q be-c9r>2' ATTEST: 4ICCLERK • • , State of Arkansas County of Washington CONTRACT • THIS AGREEMENT, made and entered into this AN.day of , 1976, by and between the City of Fayetteville, Arkansas, P o£ the First Part, hereinafter called the Owner, and North Side Construction Company of the city of Fort Smith, Arkansas , Party of the Second Part, herein- after called the Contractor. WITNESSETH: Whereas, the Owner has called for bids for the construction of a 24 Inch Water Main Extension, Fayetteville, Arkansas, as set out in the plans and specifica- tions, 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 24 Inch Water Main Extension, NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of the following project: Approximately 5,200 linear feet of 24" Ductile Iron Pipe Water Line, other miscellaneous water lines, and valves, fittings, fire hydrants and related work for a complete installation as set out and in accordance with plans and specifications FY -52, for the unit prices bid in the Pro- posal, all of which become and are a part of this contract, the total sum being One hundred seventy thousand One hundred Sixty-nine and 90/100 dollars ($170,169.90 ), such sum being the agreed amount upon which bonds and 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, 2 blue prints and other drawings, and written or printed explanatory matter thereof. 4 Contract - 1 • ? 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 contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, thA sum Of one hundred dollars ($100.00) per day for each calendar day of delay in completion, said amount being fixed 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 liquidated damages shall be deduct- ible from any amount due the Contractor under the Final Estivate 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 ti.na 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 cctpletion of this contract. Neither the final certificate nor payment nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty r=teriais 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'withih 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 seats respectively. /17 o Witnesses ° Attest cA% LAcJu `tUe.J? o— Darlene Westbrook, City Clerk North Side Construction Company Firm Name By %7J,.-4° 41`J /l iti CITY OF FAnETTEVILLE, ARKANSAS r a)),;(;7z) a27) Marion Orton, Mayor Contract - 3