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HomeMy WebLinkAbout103-91 RESOLUTIONRESOLUTION NO. 109-91 A RESOLUTION APPROVING A CONTRACT WITH FAYETTE TREE AND TRENCH FOR THE RELOCATION OF WATER AND SEWER LINES ON POPLAR STREET. 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 in the amount of $38,130.00 with Fayette Tree and Trench for the relocation of water and sewer lines on Poplar Street. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 4th day of June , 1991. ATTEST: �BY�S log4 at - i .• . i«i.1tZ17. .1 , • • r APPROVED: • a i 4 • SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into on the 4th day ofJune 1991, by and between Fayette Tree and Trench, Inc., Fayetteville, Arkansas herein called the Contractor, and the City of Fayetteville, Arkansas, hereinaftercalled 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 followingenumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained herein and are entitled WATER AND SEWER LINE RELOCATION FOR THE POPLAR STREET BRIDGE REPLACEMENT dated December, 1990, including: Invitation to Bid; Addenda; Instructions to Bidders; General Conditions; Supplementary Conditions; Performance and Payment Bonds; Specifications; the Proposal and acceptance thereof; and the Drawings. DRAWING INDEX DWG. NO. TITLE 1 Cover 2 Plan 3 Profiles 4 Water Details 5 Sewer Details 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, in 45 calendar days. 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, Section 00500 - 1 McClelland ne� Consulting �est —o rval Engineers - y Incorporated Fayetteville, Arkansas in lawful money of the United States, the amount of: Thirty Four Thousand, Six Hundred Sixty One and 08/100 Dollars ($ 34,661.08 ), based on the Base Bid contained herein. 4. That within 30 days of receipt of an approved payment request, the 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 retainage provided in the General Conditions, which is to be withheld 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. 5. That upon submission by 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 completion 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 upon, 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 his 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. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing. Section 00500 - 2 r� j Consulting MCCletland ISTo S Engineers `-�� Incorporated Fayetteville, Arkansas IN WITNESS WHEREOF, the parties hereto have executed on the day and date first above written, in c ) each of which shall, without proof or accounting counterpart be deemed an original Contract. Secretary :ATTEST: n this Agreement counterparts, for the'Aother .0101 Ye Fayette Tree and Trench Inc Contractor 3 , ��Byg President Title City Clerk ?to. Appoved as 0 Att ;;Pfor Owner CITY OF FAYETTEVILLE Own:2047y Mayor Title pietism,"(6asi rredT Como rs Incorporated Fayetteville. Arkansas Section 00500 - 3