HomeMy WebLinkAbout16-80 RESOLUTION•
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RESOLUTION NO. `(q $C7
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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.
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APPROVED:
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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
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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
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TITLE p/IlAur,e-0-;tAi'
BY
City of Fayetteville
Fayetj vi le, Arkansas
TITLE
NCCLELLAND CONSULTING
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Contract - 2' ec j..i
ENGINEERS , INC
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