HomeMy WebLinkAbout30-79 RESOLUTIONRESOLUTION NO. SID—'7q
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE CONTRACTS WITH MCCLINTON—ANCHOR CONSTRUCTION COMPANY
AND JERRY D. SWEETSER, INC. FOR CONSTRUCTION OF ROADS, AIRCRAFT
PARKING APRONS, LIGHTING FIXTURES, AND OTHER AIRPORT FACILTIES
AT THE NEW AIRPORT TERMINAL BUILDING AT DRAKE FIELD.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Subject to concurrence by the Federal Aviation Administration,
the Mayor and City Clerk are hereby authorized and directed to
execute a contract with McClinton -Anchor Construction Company in
the sum of $469,531. 93 and a contract with Jerry D. Sweetser, Inc.,
in the sum of $435,660. 95 for construction of roads, aircraft
parking aprons, lighting fixtures, and other airport facilities
at the new airport terminal building at Drake Field. A copy of
the contract authorized for execution hereby are attached hereto
marked "Exhibits A & B" and made a part hereof.
PASSED AND APPROVED this /3171- day of , 1979.
.ATTEST
APPROVED:
MAYOR
MICROFILMED a 1919
DATE
REELs—I'\e—
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CONTRACT I
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
THIS AGREEMENT, made and entered into this 13 day of April
19 79 by and between the City of Fayetteville, Party of the First Part, here-
inafter called the OWNER, and for Contract Section I:
McCLINTON-ANCHOR. COMPANY
Party of the Second Part, hereinafter called the CONTRACTOR.
WITNESSETH THAT:
WHEREAS, the OWNER has called for bids for the construction of Airport
Improvements as set out in the Specifications and Plans No. 77-183 and
WHEREAS, the CONTRACTOR is the lowest and best bidder for the construc-
tion of said improvements hereinafter set out, pursuant to the published calls
for bids under said plans and specifications.
NOW THEREFORE, the CONTRACTOR agrees with the OWNER to commence and com-
plete the construction of:
Contract Section I:
Site preparation, drainage pipe, bituminous paving for construction of
taxiway fillets, terminal access road and freight area, terminal area parking;
runway lighting relocation for construction of taxiway fillets; area lighting
for terminal access road, parking and aircraft apron. Also included is seed-
ing, fertilizing, mulching and other miscellaneous items for the unit and lump
sum prices bid in the Proposal, based upon the Engineer's estimate of quanti-
ties, the total sum being: Total Alternate Bid less Deductive Alts. 1 & 2
Four hundred sixty-nine thousand, five hundred thirty-one and 93/100 dollars
($469,531.93).such sumL.being the agreed amount upon which bonds and liabilities
are based, and at his own cost and expense furnish all materials, supplies,
labor, machinery, equipment, tools, supervision, bonds, insurance, and other
accessories and services necessary to complete the said construction in accord-
ance with the conditions and prices stated in the Proposal attached hereto
and made a part hereof, and in accordance with the General and Detailed Speci-
fications, and in accordance with the Plans, which include all maps, plats,
blueprints, and other drawings, and written or printed explanatory matter
hereof.
Contract I - 1
MrCLELLAND .:OMSILTINB ENraNFERS , INC
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The CONTRACTOR agrees to fully complete all work under this Contract within
200 working days for Contract Section I; from the issuance of the Notice to
Proceed authorizing the CONTRACTOR to proceed with the construction of the
work. The OWNER agrees to pay the CONTRACTOR in current funds for the per-
formance of the Contract in accordance with the accepted Proposal therefore,
subject to additions and deductions, as provided 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 com-
pleted, said estimate being certified by the CONTRACTOR and accepted by the
OWNER. Except as otherwise provided by law, ten percent (10%) of each ap-
proved estimate shall be retained by the OWNER until 50 percent project com-
pletion at which time no additional retainage will be retained. Upon 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 sub-
sequent changes made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this contract,
and the time of beginning, manner of progress and time of completion of the
work hereunder, shall be and are essential conditions hereof.
The CONTRACTOR agrees to commence the work within ten (10) calendar days
from the date of the issuance of the Notice to Proceed, and to proceed with
the construction of the work and to prosecute the work with an adequate force
and in a manner so as to complete the work within the time stipulated herein.
If the CONTRACTOR fails to complete the contract within the time stipulated
herein, the CONTRACTOR agrees to pay the OWNER, as liquidated damages, the
sum of two hundred dollars ($200.00) per day for each calendar day of delay
in completion, said amounts being fixed and agreed upon by and between the
parties hereto. Because of the impracticability and extreme difficulty in
fixing and ascertaining the actual damages the OWNER would in such event sus-
tain, said amounts are to be presumed by the parties to this contract to be the
amounts of damage OWNER would sustain. Said amounts of liquidated damages
shall be deductible from any amount due CONTRACTOR under the Final Estimate of
said work, after the completion thereof, and CONTRACTOR shall be entitled only
to the Final Estimate, less such amounts of liquidated damages.
If the CONTRACTOR is 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 CONTRAC-
TOR employed by the OWNER, or by changes ordered in the work, or by strikes,
lockouts, fire, unusual delay in transportation, unavoidable 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 (7)
days before a claim therefore is made in writing to the Engineer. In the case
of a continuing cause of delay, only one claim is necessary.
Contract I - 2
McCLELLAND cIONSULEING ENGINEERS , INC,
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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
CONTRACTOR 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;
or requiring the surety hereto, upon ten (10) days notice, to complete and
carry out the contract of CONTRACTOR, and in that event, should the surety
fail, neglect or refuse to carry out said contract, said OWNER may complete
the contract at its own expense, and maintain an action against the CONTRACTOR
and the surety hereto 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.
This contract shall be binding upon the heirs, representatives, succes-
sors,
or assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set their hands
and seals respectively.
FIRM NAME:McClinton-An hor Company
AL
BY:
WITNESSES:
ATTEST:
City of Fayetteville
Favetteville, Arkansas
-. ' bd,C ock_
City Clerk:
Contract I - 3
MCCLELLAND ,:ONSULTING ENGINEERS , INC
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CONTRACT II
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
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THIS AGREEMENT, made and entered into this 13 day of April
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19 79 by and between the City of Fayetteville, Party of the First. Part, here-
inafter called the OWNER, and for Contract Section II:
JERRY D. SWEETSER, INCORPORATED
Party of the Second Part, hereinafter called the CONTRACTOR.
WITNESSETH THAT:
WHEREAS, the OWNER has called for bids for the construction of Airport
Improvements as set out in the Specifications and Plans No. 77-183 and
WHEREAS, the CONTRACTOR is the lowest and best bidder for the construc-
tion of said improvements hereinafter set out, pursuant to the published calls
for bids under said plans and specifications.
NOW THEREFORE, the CONTRACTOR agrees with the OWNER to commence and com-
plete the construction of:
Contract Section II:
Construction of drainage facilities and concrete paving of terminal
aircraft apron, terminal access road and freight area. Also other miscellan-
eous items for the unit and lump sum prices bid in the Proposal, based upon
the Engineer's estimate of quantities, the total sum being:Base bid less De-
ductive Alts. 1 & 2. Four hundred thirty-five thousand, six hundred sixty
and 95/100 dollars ($435,660.93)
such sum being the agreed amount upon which bonds and liabilities are based,
and at his own cost and expense furnish all materials, supplies, labor,
machinery, equipment, tools, supervision, bonds, insurance, and other acces-
sorids and services necessary to complete the said construction in accordance
with the conditions and prices stated in the Proposal attached hereto and
made a part hereof, and in accordance with the General and Detailed. Specifi-
cations, and iri accordance with the Plans, which include all maps, plats,
blueprints, and other drawings, and written or printed explanatory matter
hereof.
The CONTRACTOR agrees to fully complete all work under this Contract
within 0 working days for Contract Section II; from issuance of the Notice
to Proceed authorizing the CONTRACTOR to proceed with the construction of the
work. The OWNER agrees to pay the CONTRACTOR in current funds for the per-
formance of the Contract in accordance with the accepted Proposal therefore,
subject to additions and deductions, as provided in the specifications, and
to make payment on account thereof as provided below:
Contract II - 1
McCLELLAND .:ONSOLTING ENGINEERS , INC
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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 com-
pleted, said estimate being certified by the CONTRACTOR and accepted by the
OWNER. Except as otherwise provided by law, ten percent (10%) of each ap-
proved'estimate shall be retained by the OWNER until 50 percent project com-
pletion at which time no additional retainage will be retained. Upon 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 sub-
sequent changes made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this contract,
and the time of beginning, manner of progress and time of completion of the
work hereunder, shall be and are essential conditions hereof.
The CONTRACTOR agrees to commence the work within ten (10) calendar days
from the date of the issuance of the Notice to Proceed, and toproceed with
the construction of the work and to prosecute the work with an adequate force
and in a manner so as to complete the work within the time stipulated herein.
If the CONTRACTOR fails to complete the contract within the time stipulated
herein, the CONTRACTOR agrees to pay the OWNER, as liquidated damages, the
sum of two hundred dollars ($200.00) per day for each calendar day of delay in
completion, said amounts being fixed and agreed upon by and between the parties.
hereto. Because of the impracticability and extreme difficulty in fixing and
ascertaining the actual damages OWNER would in such event sustain, said amounts
are to be presumed by the parties to this contract to be the amounts of damage
OWNER would sustain. Said amounts of liquidated damages shall be deductible
from any amount due CONTRACTOR under the Final Estimate of said work, after
the completion thereof, and CONTRACTOR shall be entitled only to the Final
Estimate, less such amounts of liquidated damages.
If the CONTRACTOR is 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 CONTRAC-
TOR employed by the OWNER, or by changes ordered in the work, or by strikes,
lockouts, fire, unusual delay in transportation; unavoidable 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 (7)
days before a claim therefore 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 then (10) days written notice, given
CONTRACTOR 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;
or requiring the surety hereto, upon ten (10) days notice, to complete and
carry out the contract of CONTRACTOR, and in that event, should the surety
l
Contract II - 2
McCLELLAND .:04SULTING ENGINEERS , INC
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fail, neglect or refuse to carry out said contract, said OWNER may
complete
an action
nst
and the
the tsuretythereto wforXthesactuacost
and
l tofnsame; togetheriwithtanyCdamagesOR
NER in
eting this
ct
other otalsamountaprovidedr ifor1hedreby underNto be palidlCONTRACTOR,cupona
lessor the td the �
total
completion of this contract.
This contract shall be binding upon the heirs, representatives, succes-
sors, or assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set their hands
and seals respectively.
WITNESSES:
ATTEST:
FIRM NAME: Jerry D. Sweetser, Incorporated
BY:
City of Fayetteville
Fayetteville,-rkansas
TITL Mayor
Contract II - 3
NcCLELLAND O:ONSULTING ENGINEERS • INC
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STATE OF ARKANSAS
CITY OF FAYETTEVILLE
b.
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CONTRACT II
THIS AGREEMENT, made and entered into this 13 day of April
19 79 by and between the City of Fayetteville, Party of the First Part, here-
inafter called the OWNER, and for Contract Section II:
JERRY D. SWEETSER, INCORPORATED
Party of the Second Part, hereinafter called the CONTRACTOR.
WITNESSETH THAT:
WHEREAS, the OWNER has called for bids for the construction of Airport
Improvements as set out in the Specifications and Plans No. 77-183 and
WHEREAS, the CONTRACTOR is the lowest and best bidder for the construc-
tion of said improvements hereinafter set out, pursuant to the published calls
for bids under said plans and specifications.
NOW THEREFORE, the CONTRACTOR agrees with the OWNER to commence and com-
plete the construction of:
Contract Section II:
Construction of drainage facilities and concrete paving of terminal
aircraft apron, terminal access road and freight area. Also other miscellan-
eous items for the unit and lump sum prices bid in the Proposal, based upon
the Engineer's estimate of quantities, the total sum being:Base bid less De-
ductive Alts. 1 & 2. Four hundred thirty-five thousand, six hundred sixty
and 95/100 dollars ($435,650.93)
such sum being the agreed amount upon which bonds and liabilities are based,
and at his own cost and expense furnish all materials, supplies, labor,
machinery, equipment, tools, supervision, bonds, insurance, and other acces-
sories and services necessary to complete the said construction in accordance
with the conditions and prices stated in the Proposal attached hereto and
made a part hereof, and in accordance with the General and Detailed Specifi-
cations, and in accordance with the Plans, which include all maps, plats,
blueprints, and other drawings, and written or printed explanatory matter
hereof
The CONTRACTOR agrees to fully complete all work under this Contract
within 0 working days for Contract Section II; from issuance of the Notice
to Proceed authorizing the CONTRACTOR to proceed with the construction of the
work. The OWNER agrees to pay the CONTRACTOR in current funds for the per-
formance of the Contract in accordance with the accepted Proposal therefore,
subject to additions and deductions, as provided in the specifications, and
to make payment on account thereof as provided below:
Contract II - 1
McCLELLAND :ONSULTING ENGINEERS , INC
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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 com-
pleted, said estimate being certified by the CONTRACTOR and accepted by the
OWNER. Except as otherwise provided by law, ten percent (10%) of each ap-
proved estimate shall be retained by the OWNER until 50 percent project com-
pletion at which time no additional retainage will be retained. Upon 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 sub-
sequent changes made and agreed upon, if any.
Time is hereby expressly declared to be of the essence of this contract,
and the, time of beginning, manner of progress and time of completion of the
work hereunder, shall be and are essential conditions hereof.
The CONTRACTOR agrees to commence the work within ten (10) calendar days
from the date of the issuance of the Notice to Proceed, and to proceed with
the construction of the work .and to prosecute the work with an adequate force
and in a manner 'soas to complete the work within the time stipulated herein.
If the CONTRACTOR fails to complete the contract within the time stipulated
herein, the CONTRACTOR agrees to pay the OWNER, as liquidated damages, the
sum of two hundred dollars ($200.00) per day for each calendar day of delay 'in
completion, said amounts being fixed and agreed upon by and between the parties
hereto. Because of the impracticability and extreme difficulty in fixing and
ascertaining the actual damages OWNER would in such event sustain, said amounts
are to be presumed by the parties to this contract to be the amounts of damage
OWNER would sustain. Said amounts of liquidated damages shall be deductible
from any amount due CONTRACTOR under the Final Estimate of said work, after
the completion thereof, and CONTRACTOR shall be entitled only to the Final
Estimate, less such amounts of liquidated damages.
If the CONTRACTOR is 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 CONTRAC-
TOR employed by the OWNER, or by changes ordered in the work, or by strikes,
lockouts, fire, unusual delay in transportation; unavoidable casualties or
any causes beyond the CONTRACTOR's control, or bydelay 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 (7)
days before a claim therefore 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 then (10) days written notice, given
CONTRACTOR 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;
or requiring the surety hereto, upon ten (10) days notice, to complete and
carry out the contract of CONTRACTOR, and in that event, should the surety
Contract lI - 2
McCLELLAND CONSULTING ENGINEERS , INC
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fail, neglect or refuse to carry out said contract, said OWNER may complete
the contract at its own expense, and maintain an action against the CONTRACTOR
and. the surety hereto 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.
This contract shall be binding upon the heirs, representatives, succes-
sors, or assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set their hands
and seals respectively.
FIRM NAME: Jerry D. Sweetser, Incorporated
BY:
WITNESSES:
a f
City of Fayetteville
Fayetteville, Arkansas.
BY:
ATTEST:
City Clerk:
(TITLE) Mayor
Contract II - 3
McCLELLAND CONSULTING ENGINEERS , INC
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STATE OF ARKANSAS
CITY OF FAYETTEVILLE
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CONTRACT I
THIS AGREEMENT, made and entered into this 13 day of April
19 79 by and between the City of Fayetteville, Party of the First Part, here-
inafter called the OWNER, and for Contract Section I:
McCLINTON-ANCHOR COMPANY
Party of the Second Part, hereinafter called the CONTRACTOR.
WITNESSETH THAT:
WHEREAS, the OWNER has called for bids for the construction of Airport
Improvements as set out in the Specifications and Plans No. 77-183 and
WHEREAS, the CONTRACTOR is the lowest and best bidder for the construc-
tion of said improvements hereinafter set out, pursuant to the published calls
for bids under said plans and specifications.
NOW THEREFORE, the CONTRACTOR agrees with the OWNER to commence and com-
plete the construction of:
Contract Section I:
Site preparation, drainage pipe, bituminous paving for construction of
taxiway fillets, terminal access road and freight area, terminal area parking;
runway lighting relocation for construction of taxiway fillets; area lighting
for terminal access road, parking and aircraft apron. Also included is seed-
ing, fertilizing, mulching and other miscellaneous items for the unit 'and lump
sum prices bid in the Proposal, based upon the Engineer's estimate of quanti-
ties, the total sum being: Total Alternate Bid less Deductive Alts. 1 & 2
Four hundred sixty-nine thousand, five hundred thirty-one and 93/100 dollars
($469;531.93).such sum0being the agreed amount upon which bonds and liabilities
are based, and at his own cost and expense furnish all materials, supplies,
labor, machinery, equipment, tools, supervision, bonds, insurance, and other
accessories and services necessary to complete the said construction in accord-
ance with the conditions and prices stated in the Proposal attached hereto
and made a part hereof, and in accordance with the General and Detailed Speci-
fications, and in accordance with the_Plans,'which include all maps, plats,
blueprints, and other drawings, and written or printed explanatory matter
hereof.
Contract I - 1
NrCLELLAND .:OWSULTINC ENGINEERS , INC
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The CONTRACTOR agrees to fully complete all work under this Contract within
200 working days for Contract Section I; from the issuance of the Notice to
Proceed authorizing the CONTRACTOR to proceed with the construction of the
work. The OWNER agrees to pay the CONTRACTOR in current funds for the per-
formance of the Contract in accordance with the accepted Proposal therefore,
subject to additions and deductions, as provided 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 com-
pleted, said estimate being certified by the CONTRACTOR and accepted by the
OWNER. Except as otherwise provided by law, ten percent (10%) of each ap-
proved estimate shall be retained by the OWNER until 50 percent project com-
pletion at which time no additional retainage will be retained. Upon 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 sub-
sequent changes made and agreed upon, if any.
•
Time is hereby expressly declared to be of the essence of this contract,
and the time of beginning, manner of progress and time of completion of the
work hereunder, shall be and are essential conditions hereof.
The CONTRACTOR agrees to commence the work within ten (10) calendar days
from the date of the issuance of the Notice to Proceed, and to proceed with
the construction of the work and to prosecute the work with an adequate force
and in a manner so as to complete the work within the time stipulated herein.
If the CONTRACTOR fails to complete the contract within the time stipulated
herein, the CONTRACTOR agrees to pay the OWNER, as liquidated damages; the
sum of two hundred dollars ($200:00) per day for each calendar day of delay
in completion, said amounts being fixed and agreed upon by and between the
parties. hereto. Because of the impracticability and extreme difficulty in
fixing and ascertaining the actual damages the OWNER would in such event sus-
tain, said amounts are to be presumed by the parties to this contract to be the
amounts of damage OWNER would sustain. Said amounts of liquidated damages
shall be deductible from any amount due CONTRACTOR under the Final Estimate of
said work, after the completion thereof, and CONTRACTOR shall be entitled only
to the Final Estimate, less such amounts of liquidated damages.
If the CONTRACTOR is 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 CONTRAC-
TOR employed by the OWNER, or by changes ordered in the work, or by strikes,
lockouts, fire, unusual delay in transportation, unavoidable 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 (7)
days before a claim therefore is made in writing to the Engineer. In the case
of a continuing cause of delay, only one claim is necessary.
Contract I - 2
McCLELLANO ;;ONSULTING ENGINEERS , INC.
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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
CONTRACTOR 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;
or requiring the surety hereto, upon ten (10) days notice, to complete and
carry out the contract of CONTRACTOR, and in that event, should the surety
fail, neglect or refuse to carry out said contract, said OWNER may complete
the contract at its own expense, and maintain an action against the CONTRACTOR
and the surety hereto 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.
This contract shall be binding upon the heirs, representatives, succes-
sors, or assigns of the parties hereto, including the surety.
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have hereto set their hands
and seals respectively.
FIRM NAME:McC�llinton-Anchor Company
BY: 7� . (.a,IfDaLtr�
WITNESSES:
City of Fayetteville
Fayetteville, Arkansas
BY:
ATTEST:
City Clerk:
(TITLE) Mayor
Contract I - 3
MCCLELLAND CONSULTING ENGINEERS , INC