HomeMy WebLinkAbout29A-82 RESOLUTION•
RESOLUTION NO. -02 /A a
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH ARKANSAS EXCAVATING, INC.
FOR THE CONSTRUCTION OF AN ACCESS ROAD AT THE
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 Arkansas Excavating, Inc.
for the construction of an access road at the Pollution Control
Plant in accordance with.the base bid and alternatives lA and
2A at a total contract price of $37,790.75. A copy of the
contract authorized'for execution hereby is attached hereto,
marked Exhibit "A",A and made,a part hereof.
PASSED AND APPROVED this It `'day of
As
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\ ATTEST :
Na.ftemtws
Ctsiier
CITY CLE
APPROVED:
1982.
(i)
(71;2117 .042
MAYOR
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CONSTRUCTION CONTRACT
STATE OF ARKANSAS
COUNTY OF WASHINGTON //
THIS AGREEMENT is made and entered into on this /16 ` day of
��s, 19 82, by and between the City of Fayetteville, Fayetteville,
Arkansah reinafter called the Owner, and ARKANSAS EXCAVATING, INC.
hereinafter called the Contractor.
WITNESSETH: That Whereas, the Owner has called for bids for a sludge disposal
access road and related facilities in Fayetteville, Arkansas, as set out in the
Plans and Specifications approved by the Owner, and,
WHEREAS, "the Plans and Specifications" shall be interpreted to mean the bound
set of documents entitled "CONSTRUCTION SPECIFICATIONS AND PLANS; SLUDGE DISPOSAL
ACCESS ROAD FOR FAYETTEVILLE WASTEWATER TREATMENT FACILITY; CITY OF FAYETTEVILLE;
PROJECT NO. 81-155; JANUARY, 1982" and all subsequent sketches and/or drawings
associated with Change Orders mutually agreed to by and between the Owner and the
Contractor, and
WHEREAS, the Contractor is the best bidder for the work herein set out, pursuant
to the call for bids under said Plans and Specifications.
NOW, THEREFORE, the Contractor agrees with the Owner to furnish all materials
and labor necessary to complete the construction of the proposed facilities
including all related work as shown on the Plans and described in the Specifications
pertaining thereto, for the lump sum and unit prices bid in the PROPOSAL, for bid
items 1-9, and ALTERNATES lA & 2A , said PROPOSAL being a part of
this CONTRACT, and at his own cost and expense, furnish all supplies, labor,
machinery, equipment, tools, supervision, 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 Plans and Specifications, for the total sum of THIRTY-
SEVEN THOUSAND, SEVEN HUNDRED AND NINETY AND 75/100 DOLLARS ($ 37,790.75)
The Contractor agrees to commence work under this CONTRACT on or before a date to
be specified in the written "NOTICE TO PROCEED" by the Owner and to fully complete
the project within the time frame stated in the PROPOSAL.
The Owner agrees to pay the Contractor in current funds for the performance of
the CONTRACT in accordance with the accepted PROPOSAL items therefor, subject to
additions and deductions, as provided in the Specifications, and to make payment on
account thereas provided below:
As soon as is practicable after the first day of each calendar month, the Owner
EL-XHIBITis',A
will make partial payments to the Contractor for work performed during the
preceding calendar month, based upon the Engineer's estimate of work completed,
less retainage, said estimate being accepted by the Owner. The amount of
retainage is to be established in accordance with the GENERAL PROVISIONS, appearing
hereafter. Upon completion of the Work and final acceptance by the Owner, the
balance of the payment will be made.
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. Therefore, the Contractor
agrees to pay as liquidated damages, the sum of $ 75.00 for each consecutive
calendar day he exceeds the time limitation set forth under the Specifications.
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 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 Owner pending arbitration, or
by any cause which the Owner shall decide to justify the delay, then the time of
completion shall be extended for such reasonable time as the Owner 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, time extensions may be granted by the Owner. However, no such extensions
shall be made for delays occurring more than seven days before a claim therefore is
made in writing to the Owner. In the case of a continuing cause of delay, only
one claim is necessary.
In the event that 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, the Owner shall have the option of declaring this Contract
at an end, in which event, the Owner shall not be liable to this 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 et their hands and
seals, respectively.
�iLcet,ov�J �A�_
Witness
City Clerk
ARKANSAS EXCAVATING, INC.
Contractor
City of Fayetteville - Owner
BY Ci,
Title
Mayor