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HomeMy WebLinkAbout16-80 RESOLUTION• • RESOLUTION NO. `(q $C7 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH C.F. STOCKS EXCAVATING, INC. FOR THE CONSTRUCTION OF A SEWER LINE ADJACENT TO MANOR DRIVE. 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 C.F. Stocks Excavating, Inc. for the construction of a sewer main adjacent to Manor Drive. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof PASSED AND APPROVED this CUL day of 1980. ¥ \ ::ipa,r /1!`C-' tM1 } �}TTEST.:: CI ►l9 CLERK APPROVED: a C CO.14); 1900 f r^ t Xl+a�3�T CONTRACT STATE OF ARKANSAS COUNTY OF WASHINGTON THIS AGREEMENT made and entered into on this llth day of February , 1980,by and between the City of Fayetteville, Fayetteville Arkansas, hereinafter called the Owner and C. F. Stocks Excavating, Inc. , of Van Buren, Arkansas hereinafter called the Contractor. WITNESSETH: That Whereas, the Owner has called for bids for the construc- tion of sewer improvements in the vicinity of Manor Drive, Fayetteville, Arkansas, as set out in these specifications and approved by the Owner and, WHEREAS, The Contractor is the best bidder for the work hereinafter set out, pursuant to the published call for bids under said Plans and Speci- fications, NOW, THEREFORE, the Contractor agrees with the Owner to furnish all material and labor necessary to complete the construction of the sewer improvements including all related work as shown on the Plans and described in the Specifications pertaining thereto, for the unit prices bid in the Proposal., said Proposal being.a part of this Contract, and at his own cost and expense furnish all supplies, labor, machinery, equipment, tools, super- vision, insurance, and other accessories 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 Specifications, and in accord- ance with the plans, which includes all blueprints and other drawings, and written or printed explanatory matter thereof, total sum being: Seventy .Nine Hundred Forty Four $ 80/100 Dollars ($7,944.80) • The Contractor agrees to complete all work pertaining to said construc- tion 20 calendar days from the date of the Notice to Proceed. The Owner agrees to pay the Contractor in current funds for the perfor- mance of the contract in accordance with the accepted Proposal therefore, subject to additions and deductions, as provided in the General and Detailed Specifications, and to make payment on account thereas 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. Upon completion of the work and final acceptance Contract - 1 M CLELLAND CONSULTING ENGINEERS , INC i' by the Owner and Engineer, the Engineer shall issue a Final Estimate of work done based upon the original and subsequent 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. 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, 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 causes which the Engineer shall decide to ,justify the delay, then the time of com- pletion shall be extended for such reasonable time as the Engineer may decide. Similarly, should the Contractor be unable to complete the work due to persistent inclement weather or because of delays in delivery of necessary construction components, no such extensions shall be made for delays occurring more than seven days before a claim therefore is made in writing to the Engineer. In the case of a continuing cause of delay, only one claimCis 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 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; said Owner may complete the said contract at its own expense, and maintain an action against the Contractor for the actual cost of same. This contract shall be binding upon the heirs, representatives, successors, or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seal, respectively. WITNESS rik attcit WI NSS k rzNInLik C F Storks Fxrnvnting Tnr Contractor BY ;G(iLlir✓��i TITLE p/IlAur,e-0-;tAi' BY City of Fayetteville Fayetj vi le, Arkansas TITLE NCCLELLAND CONSULTING l 1 SY C Contract - 2' ec j..i ENGINEERS , INC Q