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HomeMy WebLinkAbout39-87 RESOLUTIONRESOLUTION NO. 39-87 A RESOLUTION AUTHORIZING THE MAYOR AND CITY �� A CLERK TO EXECUTE A CONTRACT WITH HOBBS-ADAMS ENGINEERING COMPANY FOR SPRINKLERS AT THE CITY'S WASTEWATER TREATMENT PLANT SLUDGE MANAGEMENT PROJECT. WHEREAS, the City of Fayetteville has advertised for bids for sprinklers to be used at the City's Wastewater Treatment Plant Sludge Management Project; and WHEREAS, Hobbs -Adams Engineering Company of Suffolk, Virginia and Rainbow Irrigation Systems of Fitzgerald, Georgia submitted bids for said sprinklers; and - WHEREAS, the Board of Directors has determined that the bid submitted by Rainbow Irrigation Systems was not responsive because the warranty included in Rainbow's bid deviated from bid specifi- cations; and WHEREAS, the Board of Directors has determined that Hobbs - Adams Engineering Company is the lowest responsible and responsive bidder for said sprinklers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Hobbs -Adams Engineering Company for sprinklers at the City's Wastewater Treatment Plant Sludge Management Project at a total contract price of $329,232.00, plus state, county and city sales taxes if applicable, in accordance with the bid of Hobbs -Adams Engineering Company and the bid specifications, subject to the provisions of Section 2 below. Section 2. Execution of the contract authorized by Section 1 above shall be contingent upon the United States Environmental Protection Agency denying any timely protest by Rainbow Irrigation Systems. Should such a protest be upheld by EPA, the Mayor and City Clerk are hereby authorized and directed • to execute a contract with Rainbow klers at the Wastewater Treatment for a total contract price of $322, city sales taxes if applicable, Rainbow Irrigation Systems and the PASSED AND APPROVED this 19 ?ATTES' • • . �� Irrigation Systems for sprin- Plant Sludge Management Project 080.00, plus state, county and in accordance with the bid of bid specifications. day of MaY , 1987. APPROVED By: 1 % 9 4 401A— Ma or • n CONTRACT This Contract, made and entered into this 24t11 day of September ,,., 19.8., by and between the. City of Fayetteville, Fayetteville, Arkansas, hereinafter called the OWNER, and . Hobbs,.Adams Engineering.Company................. of ?.•Q•. Box 1833,, Suffolkf, Virginia.. 23434........ .. .. hereinafter called the CONTRACTOR; WITNESSETH: The CONTRACTOR, inconsideration of the sum to be paid him by the OWNER and of the convenants and agreements herein contained, hereby agrees at his own proper cost and expense to do all the work and furnish all the materials, tools, labor, transportation, and all appliances, machinery, and appurtenances to the extent of the Proposal made by the CONTRACTOR, dated the .26.th day of .August. , 19.87., all in full compliance with the Contract Documents referred to herein. The INVITATION FOR PROPOSALS, the INSTRUCTIONS TO BIDDERS, the signed copy of the PROPOSAL, the BID BOND, the fully executed PERFORMANCE AND PAYMENT BOND(S), the GENERAL CONDITIONS, and the SPECIFICATIONS are hereby referred to and by reference made part of this Contract as fully and completely as if the same were fully set forth herein and are mutually cooperative therewith. In consideration of the performance of the work as set forth in these Contract Documents, the OWNER agrees to pay to the CONTRACTOR the amount bid in the Proposal as adjusted in accordance with the Contract Documents, or as otherwise herein provided, and to make such payments in the manner and at the times provided in the Contract Documents. The CONTRACTOR agrees to complete the work within the time specified herein and to accept as full payment hereunder the amounts computed as determined by the Contract Documents and based on the said Proposal. The CONTRACTOR agrees to remedy all defects appearing in the work or developing in the materials furnished and the workmanship performed under this Contract for a period of one year after the date of successful performance testing, or until December 1, 1988, whichever occurs first, and further agrees to indemnify and save the OWNER harmless from any costs encountered in remedying such defects. M_G1_975..=., R777.37771 ON CT S 11 It is agreed the time limit for completion of the Contract, based upon the Proposal shall be the 23rd day of Decomber , 1987. In the event that the CONTRACTOR shall fail to complete the work within the time limit or the extended time limit agreed upon, liquidated damages shall be paid to the OWNER as stipulated in the Proposal and GENERAL CONDITIONS. IN WITNESS WHEREOF, we, the parties hereto, each herewith subscribe .on the date first above written. VED AS TO FO • CITY OF FAYETTEVILLE, ARKANSAS By dThaied-fr..L..bYW.G�-"' 0 Title .HOBBS-ADAMS ENGINEERING COMPANY CONTRACTOR By ford 1 Biyt ce-Presiden' rney for Owner MG18766.B6 REVISED CONTRACT .,cMI/010 2