HomeMy WebLinkAbout59-86 RESOLUTIONRESOLUTION NO. 59-867
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH GARNEY COMPANIES, INC., FOR
CONSTRUCTION OF THE CITY'S COLLECTION SYSTEM
IMPROVEMENTS.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE.
ARKANSAS:
Sectio --1. That the Mayor and City Clerk are hereby authorized and
directed to execute Contract C with Garney Companies, Inc., for construction
of the City's collection system improvements at a total contract price of
$6,780,392.46. A copy of said Contract C authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
Section 2. This resolution shall be effective upon approval of the
aforesaid contract by the Arkansas Department of Pollution Control and
Ecology.
PASSED AND APPROVED this 3 day of June , 1986.
APPRO
By
Mayort
k
‘ AiW148
CONTRACT
MICItOFILMED
THIS AGREEMENT, made and entered into on the .AAA day of .A.uaust
19. Pc, by and between ........ 131Norttvesty %pp,....2.,.....O. . ......
i(a04ats.cltY.2. tIQ 64;1$
herein called the Contractor, and the City of Fayetteville, Arkansas,
hereinafter called the Owner:
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out,
.hereby agrees with the Owner as follows:
1. That the Contractor shall furnish all the materials, and perform
all of the work in manner and form as provided by the following
enumerated Drawings, Specifications, and Documents, which are
attached hereto and made a part hereof, as if fully contained
here:
Invitation to Bid; instructions to Bidders; General Conditions;
Suoplementary Conditions; Specifications; the Proposal and .
acceptance thereof; Description of Work and Special Instructions
to Bidders; .and the Drawings.
2. That the Contractor shall commence the work to be performed under
this Agreement on a date to be specified in a written order of
•the Owner and shall fully complete all work hereunder within
365 consecutive calendar days from said date.
3 That the Owner hereby agrees to pay to the Contractor for the
faithful performance of this Agreement, Subject to additions and
deductions as provided in the Specifications or Proposal, in
lawful money of the United States, the amount of:
5j* ALI j j qn,. 5ev.en. Eltindreci.cisfly .1;hpp and., T,Iiree.1-jtingred 9§41p2
Dollars ($.5.7E40.392_96
based on the Lump Sum Price contained herein.
4 That within 20 days of receipt of an approved payment request,
t he Owner shall make partial payments to the Contractor on the
basis of a duly certified and approved estimate of work performed
during the preceding calendar month by the Contractor, LESS the
✓ etainage provided in the General Conditions, which is to be
w ithheld by the Owner until all work within a particular part has
been performed strictly in accordance with this Agreement and
until such work has been accepted by the Owner.
E . That upcn submission bv the Contractor of evidence satisfactory .
to the Owner that all payrolls, material bills, and other costs
incurred by the Contractor in connection with the construction of
the,work have been paid in full, final payment on account of this
Agreement shall be made within 60 days after the comcletion by
the'Contractor of all work covered by this Agreement and the
acceptance of such work by the Owner.
6 In the event that the Contractor shall fail to complete the work
within the time limit or the extended time limit agreed uoon, as
more particularly set forth in the Contract Documents, liquidated
damages shall be paid at the rates designated in the Proposal.
7 It is further mutually agreed between the parties hereto that if,
at any time after the execution of this Agreement and the Surety
Bond hereto attached for its faithful performance and payment,
the Owner shall deem the Surety or Sureties upon such bond to be
unsatisfactory or if, for any reason such bond ceases to be
adequate to cover the performance of the work, the Contractor
shall, at its expense, within 5 days after the receipt of notice
from the Owner, furnish an additional bond or bonds in such form
and amount and with such Surety or Sureties as shall be
satisfactory to the Owner. In such event, no further payment to
the Contractor shall be deemed to be due under this Agreement
until such new or additional security for the faithful
performance of the work shall be furnished in manner and form
satisfactory to the Owner.
8. No additional work or extras shall be done unless the same shall
be duly authorized by appropriate action by the Owner in writing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the dav and date first above written, in
Si X CROPS ( A...) counterparts, each of which
shall, without proof or accounting for the other counterpart be
deemed an original Contract.
WITNESSES:
4
GLENNA TODD, CORP. SECRETARI.
ATTEST:
Approved as to form:
/044;4if
torney for Owner
, Garney scofrip4ni,e,s,, , ]go.
Contractor
u.w; YOUNGBLOOD,. VICE PRES,
Title
CITY OF FAY- n'EVILLE
Owner
By
Title