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Home My WebLink About61-86 RESOLUTIONRESOLUWION MO. 61-86 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH McCLINTON-ANCHOR COMPANY FDR THE CONSTRUCTION OF AN ACCESS ROAD FROM THE V. A. MEDICAL CENTER GROUNDS TO NORTH COLLEGE AVENUE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYFTTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with McClinton -Anchor Company in the amount of $98,002.75 for the construction of an access road from the V. A. Medical Center grounds to North College Avenue A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this • 3rd day of June Mayor , 1986. ti2L-dy T. al STATE OF ARKANSAS CITY OF FAYETTEVILLE CONTRACT THIS AGREEMENT, made and entered into this day of , 1986 by and between the City of Fayetteville, Arkansas, Parties of the First Part, hereinafter called the OWNER and McClinton -Anchor a Division of APAC-Arkansas Inc. Party of the Second Part, hereinafter called the CONTRACTOR. WITNESSETH THAT: WHEREAS, the OWNER has called for bids for the construction of a New Access Road to the V. A. Medical Center as set out in the Specifications and Plans No. 85-149 and; WHEREAS, the CONTRACTOR is the lowest and best bidder for the construction of said improvements hereinafter set out, pursuant to the published calls for bids under said Plans and Specifications. NOW THEREFORE, the CONTRACTOR agrees with the Owner to commence and complete the construction of the the revised scope of said road improvements, including site grading, drainage, earth embankment, pavement, landscaping, and other tasks as designated in the project Plans and Specifications for the unit prices bid in the Proposal, based upon the estimated quantities for the Total Base Bid Items 1 through 13 and 15 through 34, the total being, Ninety Eight Thousand, Two Dollars and Seventy Five Cents ($ 98,002.75 ) 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, taxes, permits, 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 Provisions and Specifications, 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 90 calendar days. The OWNER agrees to pay the CONTRACTOR in current funds for the performance 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. ®� McClelland Gesr n xarve/ Engineers 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. Except as otherwise provided by law, ten percent (10%) of each approved estimate shall be retained by the OWNER until 50 percent project completion at which time.. no additional retainage will be retained without reasonable justification by the OWNER or his representative. 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 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. 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, xhe CONTRACTOR.:agrees to pay the OWNER, as liquidated .damages, the sum ofvane,h'undred;fiftj. doJ1ars (,$150.00) 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 fix:ing-and_ascertaining the -actual damages the OWNER would in—such event sustain, said.amounts are to be presumed by the parties to this contract to be the -amounts of damage the OWNER would sustain. Said amounts of liquidated damages shall be deductible from any amount due the CONTRACTOR under 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 i - 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 cause which the Engineer shall decide to justify the delay, then the time of completion may be extended- for such reasonable time as the Engineer may decide, subject to agreement, by the OWNER. 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 causeof 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 ten (10) days written notice, given the CONTRACTOR by the OWNER or by the ENGINEER, then the OWNER shall Contract - 2 1�l g romiEED • 1 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 the 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 the OWNER in completing this contract less the total amount provided for hereunder to be paid the CONTRACTOR, upon the completion of this Contract. 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 seals respectively. . Seale \ff2,.1 >> • WITN SSC M LINTON•ANCHOR Mari;loo 01 APAC-Arkansas Inc. ATTEST: City Cl FIRM NAME: McClinton -Anchor Division of APAC-Arkansas Inc. BY:4QAMtt4, r.3)% Vine VALs(r (Tit City of Fayetteville Fayetteville, Arkansas BY:Th Ll �. McClelland licn�pned 0 ervej Cons✓!tiny �Y ` EnyJn eers iI ♦Q aM incorporated Contract - 3