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HomeMy WebLinkAbout81A-89 RESOLUTION• 1 RESOLUTION NO.. 81A-89 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO AWARD A CONTRACT WITH SWEETSER CONSTRUCTION COMPANY. BE TT RESOLVED BY THE BOART 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 Sweetser Contruction Company in the amount of $160,'000.00 for constructing the Arts Center parking lots A copy of the contract authorized for execution hereby is•attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this Sth day of _September , ''989 • ATtEST : 7.3 1 By,: City Jri fX • erk .4' • APPROVED: By: 9 v„cct 06, 5 CONTRACT State of Arkansas ) County of Washington ) THIS AGREEMENT, made and entered into this Sth day of September , 19 89 , by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and Jerry D. Sweetser, Inc. of the City of Fayetteville, Arkansas, Party of the Second Part, hereinafter called the Contractor: WITNESSETH THAT: WHEREAS, the Owner has called for informal bids for demolition of certain building structures, waste concrete removal, clearing, surfacing, and construction of a reinforced concrete box culvert, as set out in a letter dated August 29, 1989 from Jerry D. Sweetser, Inc. to McGoodwin, Williams and Yates, Inc.; and WHEREAS, pursuant to the informal solicitation for bids under the August 28, 1989 letter from McGoodwin, Williams and Yates, Inc., the Contractor is the lowest and best bidder for the construction of said sitedemolition, surfacing, clearing and construction of a reinforced box culvert. NOW THEREFORE, the Contractor agrees with the Owner to commence and complete: Demolition, site clearing, surfacing and construction of a reinforced concrete box culvert in accordance with a letter proposal from Jerry D. Sweetser, Inc. dated August 29, 1989, and revised October 4, 1989, including all work for a complete installation, for the unit and lump sum prices, all of which become and are a part of this contract, the total sum being One Hundred Fifty -Seven Thousand Nine Hundred Forty -Two and no/100 dollars ($ 157,942.00 ), 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 and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Contractor's proposal, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and complete all work necessary to execute the site clearing, demolition, surfacing and reinforced concrete box culvert construction within sixty (60) calendar days from the effective date 1 EXHIBIT A of the Notice to Proceed. Calendar days include usual or normal bad weather. Any delays due to "usual or normal" bad weather will not be justification for time extensions. The Contractor further agrees to commence and complete $105,000 in construction value by November 14, 1989. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor. 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 (50%) completion of the project. This amount will then be held until 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. If the Contractor be delayed at any time in the progress of the work by any act or neglect of .the Owner or of the Owner's 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 shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for 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 Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) 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 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) 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 Owner in completing this contract, less the total amount provided for hereunder to be paid 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. 2 IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. JE'RY ry. SWEETS By *If, corporation, secretary should attest. Attest: • Zel ZA64 Suzanne McWethy, City Clerk Svweetser, President CITY OF FAYETTEVILLE, ARKANSAS By Lc% e:G6u-n'e '7 04-12 William Martin, Mayo