HomeMy WebLinkAbout4-94 RESOLUTION•
RESOLUTION NO. 4-94
A RESOLUTION AWARDING I31D 93-53 AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT WITH PINNELL, INC., FOR THE CITY OF
FAYETTEVILLE'S 1994 C'01%;CRETE WORK AND RELATED
SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That Bid 93-53 is hereby awarded and the Mayor and City Clerk are hereby
authorized to execute a contract with Pinnell, Inc., for the City of Fayetteville's 1994 concrete
work and related services. A copy of the contract is attached hereto marked Exhibit "A" and
made a part hereof.
PASSED AND APPROVED this 4th day of January 1994.
APPROVED:
By: 1; .,;
Fax! Hanna, Mayor
ATTEST:
By:
S 4,2
SherryThomas, City Clerk
AGREEMENT FOR CONCRETE WORK
AND RELATED SERVICES
This AGREEMENT executed this _5 74- day of January, 1994
between the City of Fayetteville, Arkansas, hereinafter called the
"City" and Pinnell, Inc., hereinafter called the "Contractor", and
having an address at 1030 Beechwood Avenue, Fayetteville, Arkansas,
72701.
IN CONSIDERATION OF THE MUTUAL COVENANTS contained herein the
parties agree as follows:
The Contractor shall at the written request of the City
provide material, labor and equipment for concrete work and related
service(s) for the following:
a. Fleet Operations Center, 1525 S. Happy Hollow
Road, Fayetteville, Arkansas, hereinafter
called the "primary project";
b. New construction as requested for jobs not bid
separately;
c. Repair as requested for jobs not bid
separately;
d. Additional work as required and as directed by
owner.
2. The effective dates of this agreenent shall be January 1,
1994 through December 31, 1994.
3. Owner shall pay Contractor for services rendered as
follows:
Master Concrete finisher
Concrete forming
Supervisory Personnel
Labor
Overtime rate
Material markup
Equipment
$32.00 per hour
$25.00 per hour
$35.00 per hour
$12.00 per hour
50% additional per hour
25% above cost
negotiable by product
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Other materials and equipment will be negotiated at the time
of the project. Contractor shall quote an exact price for such
other and City shall agree to such price prior to work commencing.
Charges will be invoiced to City at the end of each Contractor's
monthly accounting periods based upon the above fee schedule and
the direct time and expense charges to the project during the
preceding accounting period. All invoices are due upon receipt and
shall be paid by the City unless disputed within thirty (30) days
of their receipt. The maximum amount billed under this agreement
shall not exceed $65,000 during calendar year 1994 for the primary
project and shall not exceed $20,000 per project for any additional
projects.
4. The contract documents which comprise the contract
between City and the Contractor consist of this contract and the
following documents:
a. Bid form identified as Invitation to Bid 93-53
with the specifications, conditions, and
requirements typed thereon;
b. The Contractor's proposal and all supporting
documents and correspondence submitted by the
Contractor in response to Bid 93-53.
5. These contract documents constitute the entire agreement
between the City and the Contractor and may be modified only by a
duly execute written instrument signed by the City and the
Contractor.
6. Contractor shall not assign his duties under the terms of
this contract.
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7. Contractor agrees to hold the City harmless and indemnify
the City against any and all claims for property damage, personal
injury or death, arising from Contractor's performance of this
contract.
8. The Contractor shall furnish a certificate of insurance
addressed to the City,
showing that he carries the following
insurance which shall be maintained throughout the term of the
contract.
Workers Compensation Statutory Amount
Comprehensive General and
Aptomobile Insurance
Bodily Injury Liability
Property Damage Liability
The insurance shall include
$ 500,000 for each
person injured
$1,0001000 for each
accident
$ 250,000 for each
accident
$ 500,000 aggregate
explosion, collapse and
underground coverage. The premiums for all insurance and the bond
required herein shall be paid by the Contractor.
9. Contractor agrees to furnish a Performance Bond, approved
by the City, guaranteeing the performance of this contract, for not
less than one hundred percent (100%) of the maximum amount of the
primary project. Said performance bond shall be conditioned on
full and complete performance of this contract and acceptance by
the City of Fayetteville for the payment of all labor and materials
entering into or incident to the proposed improvements and shall
guarantee the wcrk against faulty workmanship or materials for a
period of one (1) year after completion. The Contractor agrees to
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furnish proof cf licensure as required under the terms of Act 160
of the 1965 Acts of the Arkansas Legislature.
10. Contractor agrees to begin work within ten (10) days
after issuance by the City of a "work order" or "Notice to Proceed"
and to complete the work within the time agreed to by the parties.
11. All work called for herein shall be coordinated directly
with the City Fleet Operations Superintendent, W.A. Oestreich, or
other designee of the City.
12. City shall have the right to terminate this Agreement for
City's convenience upon written notice of Contractor, and
Contractor shall terminate performance of services on a schedule
acceptable to City. In the event of termination for City's
convenience, City shall pay Contractor for all services performed
to date of termination.
13. Nothing in this agreement shall be construed to give any
rights or benefits to anyone other than Contractor and City.
IN WITNESS WHEREOF, City and Contractor have executed this
agreement, the effective date of which shall be January 1, 1994.
ATTEST:
By:
Sherry
CITY OF FAYETTEVILLE, ARKANSAS
,
By: 1°.
Thomas, City Clerk
eoe
ATTEST
By: 4,4
Fred Hanna, Mayor
PINNEL
By:
-pn>ze
Title:
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