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HomeMy WebLinkAbout69-87 RESOLUTION• 0.92 1 t RESOLUTION NO. 69-87 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH ENVIRONMENTAL _PROTECTION ASSOCIATES FOR THE REMOVAL OF ASBESTOS AT THE FAYETTEVILLE PUBLIC LIBRARY. 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 Environmental Protection Associates for the removal of asbestos at the Fayetteville Public Library at a total contract price of $123,843.00. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 15th day of September 1987. APPROVED By: Y 99AAALFALowd M yor 1. THIS CO day of ' ni Arkansas, Party representative, CONTRACT AGREEMENT TRACT AND AGREEMENT, made and entered into this c2 , 19 57, by and between the City of Fayetteville, of the First Part, acting through it's duly authorized and EWL TNG. d/A /g SA0/10neAfro L PeorEcr/otJ a6.5.0047-465- • R055ELLV I aE" Ssaciirrs•R055ELLVlLLE Mel()); A).5)95 Party of the Second Part: WITNESSETH: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools, labor, equipment, materials, and supplies required to the furnished and to construct the improvements designated as / MgE5ras Eat ✓4L /'�2'cJE{Tj A efle.tii��e�6/c /iheart' for the City of Fayetteville, Arkansas, in exact accordance with the Plans on file at the Office of the City Engineer, and Specifications, Proposals, Stipulations, and Special Provisions attached hereto and made a part hereof as fully as though copied herein, under the direct- ion of and to the entire satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas. 2. It is further agreed and understood by and between the parties hereunto that the Party of the First Part agrees to pay and the Party, of the Second Part agrees to accept as full and final compensation for all work done under this agreement; the Unit Prices and/or Lump Sum Price named in the Proposal which is hereto attached, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 3. The above-expres fied in the Contract. I 'the work in Part, as liq nature of a delayed, for final amount granted with ifications. Party of the Second Part agrees, for the consideration sed, to begin and complete the work within the time speci- Proposal. Time is expressly made of the essence of this f the Party of the Second Part shall fail to complete the time specified, he shall pay to the Party of the First uidated damages, ascertained and agreed, and not in the penalty, the amount specified in the Proposal for each day each Schedule delayed, which shall be deducted from the to be paid under the Contract. Extensions of time may be waiver of liquidated damages as provided for in the Spec - 4. The Party of the Second Part agrees to furnish a Bond, with an approved Surety thereon, guaranteeing the performance of this Con-• tract, as required by the laws of the State of Arkansas, and for not less than one hundred (100) percent of the amount of this Contract. EXHIBIT A le 14, Said Bond shall be conditioned on full and complete performance of this Contract and acceptance by the City of Fayetteville for the pay- ment of all labor and materials entering into or incident to the pro- posed improvements and shall guarantee the work against faulty workman- ship or materials for a period of one (1) year after completion. The Surety on said Bond shall be a.Surety Company of financial resources satisfactory to the Party of the First Part, and authorized to do bus- iness in the State of Arkansas. 5. The Party of the Second Part agrees also to carry Public Liabil- ity Insurance, Property Damage Insurance, and Workman's Compensation Insurance in amounts as required by these Specifications. 6. The Party of the Second Part agrees to indemnify and to hold harmless the Party of,..,the First Part from all claims and damages aris- ing from any and all claims of patent infringement in connection with the work tobeperformed under this Contract. WITNESS OUR HANDS THIS Attest by City Clerk DAY OFpE;r44,-,1987 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS By ` l(, eti)t• ;.Lc &Mayo, EWI, Inc. d/b/a Environmental Protection Associates Contractor By .? E s�• E�1 Name and Title DAVID E. PREWETT,S 22VICE PRESIDENT 0 Nortph Knoxville, ille, Russellville, AR Business Address 72801