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City of Batesville <br />Batesville Public Works Facility ETC Project N um ber-2106601 0 BATE <br />Phase I: Site Development <br />AGREEMENT <br />THIS AGREEMENT made this 1St day of December, 2021. by and between, <br />John M. Brown & Sons, Inc. (a corporation organized and existing under the laws of <br />the State of Arkansas) hereinafter called the "Contractor" and the City of Batesville, an agency <br />thereof hereinafter called the "Owner". <br />WITNESSETH: <br />That the Contractor and the Owner for the consideration stated herein mutually agrees as follows: <br />ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical <br />personnel, labor, materials, machinery, tools, equipment, incidentals and services, including utility <br />and transportation services and perform and complete all work required for "City of Batesville <br />Public Works Facility, in strict accordance with the Contract Documents. as prepared by the <br />Engineer. <br />ARTICLE 2. The Contract Price is $359,111.00. The Owner will pay the contractor, because <br />of his performance of the Contract, for the total quantities of work performed at the <br />lump sum and unit prices stipulated in the Proposal, subject to additions, and <br />deductions as provided in the Section entitled "CHANGES IN THE WORK" under <br />GENERAL CONDITIONS. <br />ARTICLE 3. Contract Time. The Contractor agrees to begin work within ten (10) calendar <br />days after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to <br />complete the work within One Hundred Twenty (120) calendar days thereafter <br />(except as modified in GENERAL CONDITIONS of these Contract Documents). If <br />the Contractor shall fail to complete the work within the time specified, he and his <br />Surety shall be liable for payment to the Owner, as liquidated damages ascertained <br />and agreed, and not in the nature of a penalty, the sum of Two Hundred Fifty <br />Dollars ($250.00) for each day of delay. To the extent sufficient in amount, <br />liquidated damages shall be deducted from the payments to be made under this <br />Contract. <br />ARTICLE 4. Contract. The executed Contract Documents shall consist of the following: <br />a. This Agreement <br />b. Advertisement for Bids <br />C. Information for Bidders <br />d. Bid Proposal <br />e. General Conditions <br />f. Technical Specifications <br />00007-1 <br />