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HomeMy WebLinkAbout69-96 RESOLUTION• • RESOLUTION NO. 69-96 A RESOLUTION AWARDS BID NO. 96-19A TO SCHMIDT ENGINEERING & EQUIPMENT, INC., WITH A BASE AMOUNT OF $243,073, TO PURCHASE A TWO -ENGINE, TWO-STAGE ROTARY SNOW BLOWER UNIT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards Bid No. 96-19A, to Schmidt Engineering & Equipment', Inc., with a base amountof $243,073, to purchase a two -engine, two- stage rotary snow blower unit; and authorizes the Mayor and City Clerk to execute a contract for said amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 4th day of June , 1996. �. '` 0! ‘- APPROVED: iUt^4+ rc".: ��� li_: ^ 1 :; By ;• ` y' ,Fred Hanna, Mayor 4 • _-- ; C •, Traci Paul, City Clerk prom A BID 95-19A D ti CONTRACT W PURCHASE OF A TWO -ENGIN TWO STAGE ROTARY SNOW BLOWER UNIT CITY OF FAYETTEVILLE MUNICIPAL AIRPORTEXH I B I T This agreement made thet Vslaay of P1 , 1996, by and between SCHMIDT ENGINEERING AND EQUIPMENT INC. hereinafter called "Contractor' and the City of Fayetteville, hereinafter called the 'Ciy shall be utilized to provide the following services: The Contractor hereby agrees to provide all necessary equipment, materials and incidental items, and all labor required to accomplish every detail in the purchase of a two engine, two stage rotary snow blower unit at the Fayetteville Municipal Airport in accordance with the bid documents and specifications (bid 96-19A) attached hereto and made a part hereof. For this work, at total amount "not to exceed" 5243.073.00 was bid. This project is to be considered a "turn key" job and shall include all items as provisions set forth in the bid specifications. DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the City to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the 'Notice to Proceed," or b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitable or d. Discontinues the prosecution of the project, or e. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or f. Allows any final judgment to stand against him unsatisfied for a period of 10 days, or g. Makes an assignment for the benefit of creditors, or • • • h. For any other cause whatsoever, fails to carry on the delivery of equipment in an acceptable manner. Should the City consider the Contractor in default of the contract for any reason hereinbefore, he shall immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the Contractor in default and the owner's intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the owner will, upon written notification from the City of the facts of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority without violating the contract, to take the prosecution of the work out of the hands of the Contractor. The owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the City will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the City, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the owner the amount of such excess. TERMINATION FOR NATIONAL EMERGENCIES. The owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims • • or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the City. Termination of the contract or a portion thereof shall neither relieve the Contractor of his/her responsibilities for the completed work nor shall it relieve his/her surety of its obligation for and concerning any just claim arising out of the work performed. The delivery date shall coincide with the number of days stated in the bid documents (210 calendar days or November 30, 1996 whichever comes first) which were submitted to the Purchasing Officer. A fully executed performance bond will be furnished by contractor guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the contractor's performance of the work. Upon delivery a single lump sum payment will be made to the contractor by the City for the total amount of the contract. CONTRACTOR: ' i ATTEST: Rev(7. 1 of 09 I CITY OF FAYE3'TEVILLE: ATTEST: