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HomeMy WebLinkAbout13-79 RESOLUTION• • • • RESOLUTION NO. /3---9? • • • .7 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH BENNETT CONSTRUCTION COMPANY FOR IMPROVEMENTS TO THE FAYETTEVILLE POLLUTION CONTROL PLANT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Bennett Construction Company for improvements to the Fayetteville Pollution Control Plant. A copy of said contract marked Exhibit "A" is attached hereto and made a part hereof. PASSED AND APPROVED this gbday ofQ 1979. tl .:ATTE'S 0 W CITY ..I;tERK litittet APPROVED: MAYOR MICROFILMED DATE J a 1978 N 1 . L{-11 r n • • • State of Arkansas County of Washington CONTRACT THIS AGREEMENT, made and entered into this d Olay of by and between the City of Fayetteville, Arkansas, Party of the First called the Owner, and Bennett Construction Company, Inc., of the City Arkansas, Party of the Second Part, hereinafter called the Contractor. • UJ/5 (-z3 ,1A MiCROFLjm DATE OC a 1779 REE! 1979, hereinafter of Springdale, WITNESSETH: WHEREAS, the Owner has requested a proposal from the Contractor to make certain improvements to the existing wastewater treatment plant, as follows: (1) Lowering of the splitting weir just upstream from the final clarifier by approximately 8 inches. (2) Constructing two 3 -foot square concrete conduits connecting the outlet from the aeration basins to the inlet to the final clarifier. (3) This work must be done in segments, with the plant in operation. Existing electrical conduits must be cut and replaced; the chlorine injector line will have to be lowered; and nonpotable 2 -inch hydrant piping and drains relocated, in addition to the construction of the conduits themselves. WHEREAS, the Contractor agrees to do the work on a force account basis with the total price not to exceed $17,049.00, and WHEREAS, the Owner and Contractor have agreed to the base labor and equipment rental rates as set out below: Base Labor Rates. Those rates of pay currently being paid the employees of Bennett Construction Company for their respective positions and duties performed (as documented by the present payroll records over the previous six months by Bennett Construction Company). Major Equipment Rental Rates. Those rates currently being charged in the local area by companies primarily in the equipment rental business, for equipment such as air compressors, 90 -pound hammer, air drill, compactor, pickup truck, etc. Small Tools. The use of small tools by the Contractor will be billed on a monthly basis. However, the total material charge under this item shall not exceed $250.00. WHEREAS, the Owner and Contractor agree that the following services be furnished and/or performed by the Owner: (1) All excavation to be performed shall be done by city forces using city equipment. The Contractor and the Owner shall cooperate with each other t • 2 • • • with respect to the scheduling of city equipment and city forces during this work. All excess excavated material shall be disposed of by the Owner. (2) Temporary services required by the Contractor, such as telephone, electricity, water, etc., are to be furnished by the Owner. (3) No city permits or licenses shall be required to be purchased by the Contractor for this. work. (4) The opening and closing of all valves shall be done by the Owner in cooperation with the Contractor. NOW THEREFORE, the Contractor agrees to perform the work as previously described for the not -to -exceed price previously set out. Method of Payment. For the labor, materials, and equipment furnished, the Owner agrees to pay the Contractor out of current funds in the following manner: Labor. Payment based on direct hourly, daily or weekly rates, whichever is the least cost to the Owner, plus 20 percent for insurance and taxes. Equipment. Payment based on direct hourly, daily or weekly rates, whichever is the least cost to the Owner, plus actual invoiced amounts for fuel, oil, etc. Material. For any needed materials not furnished by the Owner, materials will be paid for based on actual invoiced amounts. Overhead and Commission. Payment of 18 percent of the total of labor, equipment and materials. For the payment as set out above, the Contractor agrees to furnish at his own expense and cost, insurance in the following kinds and amounts, during the life of this contract. (1) Workmen's compensation as required by the laws of the State of Arkansas. In case any hazardous occupations are required for the execution of the work which are not covered by the above insurance, special employer's liability policies shall be obtained to cover workmen engaged in such hazardous occupations. (2) Contractor's public liability insurance and property damage insurance with bodily injury of $200,000 for each person and $500,000 for each accident; and property damage of $100,000 for each accident and $200,000 as an aggregate limit. (3) The Contractor shall carry motor vehicle public liability and property damage insurance as follows: bodily injury of $100,000 for each person and $300,000 for each accident; and property damage of $100,000 for each accident. IFN ..s tr 3 (4) The Contractor shall furnish the Owner with at least one certificate of insurance. (5) Owner's and Contractor's Protective Liability Insurance. The Contractor shall indemnify and save harmless the Owner and Engineer from and against all losses and all suits, claims, demands, judgments, actions and payments of every description and nature brought or recovered against him by reason of any omission or act of the Contractor or his agents or employees in the execution of the work or in the guarding of it. The Contractor shall secure and maintain protective liability insurance, in the name of the Owner and the Engineer, covering them from contingent liability under this contract. The limits of this insurance shall be the same as in paragraph (2) above. The Contractor agrees to commence implementation of the work in this contract within thirty (30)days of execution of the contract and to complete the work in an expedi- tious manner in accordance with the scheduling arrangement worked out mutually between the Owner and the Contractor. 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 the Contractor by the Owner, then the Owner shall have the option of declaring the contract at an end, in which event the Owner shall be liable for actual costs of work performed prior to termination of contract. 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. Witness `>Attesthr '' � �JJ '.}`y_, - . is i n �iN I •1 G^ Angi' ,Medjod1c, City• Clerk CONTRACTOR: Bennett Construction Company, Inc. By arlin Archer OWNER: City of Fayetteville, Arkansas \I David R. Malone, Mayor