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HomeMy WebLinkAbout104-98 RESOLUTIONRESOLUTION NO. 10 4- 9 8 A RESOLUTION AWARDING BID NO. 98-58, IN THE AMOUNT OF $44,400, PLUS A CONTINGENCY AMOUNT OF $6,600, TO ARK -O -PETROLEUM, INC., TO UPGRADE THE UNDERGROUND STORAGE TANKS AT THE FAYETTEVILLE WASTEWATER TREATMENT FACILITY AND THE SLUDGE MANAGEMENT SITE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section". That the City Council here awards Bid No. 98-58, in the amount of $44,400, plus a contingency amount of $6,600, to Ark -O -Petroleum, Inc., to upgrade the underground storage tanks at the Fayetteville wastewater treatment facility and the sludge management site; and authorizes the Mayor and City Clerk to execute a contract in 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 August , 1998. APPROVED. ' By: 4 ATTEST: By: d Heather Woodruff, City"Clerk • �� ••..... ,''f•r.:,, • ,, 'red Hanna, Mayor EXHIBIT A CONTRACT This contract executed this WA day of ActeceS/', 1998, between the City of Fayetteville, Arkansas, hereinafter called the City, and Ark -0 Petroleum Inc. hereinafter called the Contractor, and having an address at 391 Jean Mary Avenue, Tontitown, AR In consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Contractor at his own cost and expense shall furnish all labor, materials, supplies., machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per bid 98-58 as stated in CONTRACTOR'S PROPOSAL, and in accordance with specifications attached hereto and made a part hereof under Bid #98-58, all included herein as if spelled out word for word. 2. The City shall pay the Contractor based on prices indicated in Contractor's Proposal. Progress payments will be made after approval and acceptance of work and submission of invoice. Amount of contract not to exceed $ 44,400.00 3. The Contract documents which comprise the contract between the City and the Contractor consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 98-58 with the specifications and conditions typed thereon. B. The Contractor's proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City and the Contractor and may be modified only by a duly executed written instrument signed by the City and the Contractor. 5. Contractor shall not assign his duties under the terms of this agreement. 6. 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. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law 7 The Contractor shall furnish a certificate of insurance addressed to the Owner, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, the Contractor shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability Property Damage Liability The premiums for all insurance be paid by the Contractor. $250,000 for injured. $500,000 accident. $250,000 accident. $500,000 and the bond each for person each for each aggregate. • required herein shall 8. If contract exceeds $20,000, Contractor agrees to furnish a Performance Bond, approved by the City, guaranteeing the performance of this contract, for not less than one hundred percent of the amount of this contract. 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. The Contractor agrees to furnish proof of licensure as required under the terms of Act 150 of the 1965 Acts of the Arkansas Legislatu 60 j 9 Contractor agrees to begin work within " /pays of notice to proceed and complete the work withini calendar days thereafter. Liquidated damages of $100 per day shall be assessed at the option of the City, not as a penalty, beginning on the first day following the completion time to cover additional costs. 10. All work called for herein shall be coordinated directly with the Project Manager or their designee, at 443-3292. • 11. This contract may be terminated by the City with 10 days written notice. 12. Contractor shall be responsible for meeting compliance with ADA regulations. WITNESS OUR HANDS THIS y71-4 DAY OF 9t4geels A 1 1998. ATTEST: CITY CLERK ATTEST: SECRETARY CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS BY MAYOR Ark -0 Petroleum, Snc. FIRM NAME NAME AND TITLE 391 Jean Mary Av. Tontitown, AR BUSINESS ADDRESS DESCRIPTION: UNDERGROUND STORAGE UPGRADE uJ W 0 m ARK -O PETROLEUM