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HomeMy WebLinkAbout1972-648-R IN THE BATESVILLE CITY COUNCIL IN THE MATTER OF A CERTAIN STREET SYSTEM %W KNOWN AS THE TOPICS PRIMARY TYPE 2 JOB NO. 5628 FEDERAL AID PROJECT NO. T-8020(4) RES 0 L U T 1 0 IN 1rnNow on this day there comes on for consideration the matter of Improving certain city streets known as the Primary Type 2 System which System is a part of the approved Federal Aid TOPICS Street System of this City. And it appearing to the City Council that under existing Federal Legislation certain Federal funds are available to aid in the installation of traffic control devices on said streets under the provisions of the fol- lowing agreement, which is tendered to the City for execution. - - - - - - - - - - - - - CONSTRUCTION AGREEMENT 1. This evidences an agreement between the City of Batesville and the Arkansas State Highway Department for the improving of certain city streets described as the FAP Type 2 Dystem, which System is part of the approved Federal Aid TOPICS Street System of said City. 2. Under the Federal Aid Highway Act of 1968, Federal funds are made available which may be used for payr,,,ent in part for the work contemplated by this agreement under condition that not less than fifty percent of the cost of the construction and construction engineering, plus the full cost of all nonparticipating items be borne by the City and/or State and the work be performed in accordance with plans and specifications approved by the Arkansas State Highway Depart.ment and the work supervi:,ed by the .50% BOND Aft AM11L Arkansas State Highway Department. CW 3. The plans and specifications for the construction of the System have been approved by the Arkansas State Highway Department and are on file in its office in Little Rock and in the office of the City Clerk of the City of Batesville and have been approved and accepted by the City of Batesville. 4. The City of Batesville has elected to perform the proposed work with its own forces, equipment, and materials which work is described as follows: Installation of traffic control signs, installation of centerline markings; installation of two one-way couplets (Main and College Sts. ; 4th and 5th Sts. ). 5. In furtherance of this project, the City of Batesville, as Sponsor of this project, has made a Performance Bond, executed by a Bonding Company authorized to do business in this State, in the penal sum of AUK which is one-half the estimated cost of said work and the materials enter- ing into said Construction with the understanding that the Arkansas State Highway Department will retain all estimates in full until and when the total of such estimates equals fifty percent of the cost of the project, plus the full cost of all nonparticipating charges, after which City will receive warrants paying subsequent estimates. 6. The City of Batesville, as Contractor, agrees to perform this work at the unit prices shown on the attached Schedule of Negotiated Unit Prices composed of pages. As the work undertaken by the City of Batesville hereunder progresses, the Arkansas State Highway Department in its supervision thereof will from time to time issue partial estimates, based on work performed at the Negotiated Unit Prices until the work is completed and will credit to or pay to the City of Batesville in accordance with paragraph No. 5 hereof, from Federal funds received for account of this project, Ninety percent of such estimates, subject to the limitations and withholdings contained in paragraph No. 5 and final payment will be made upon the completion and acceptance of said job, subject to correction for changes made in the final voucher as paid by the Federal Highway Administration. 7. The City of Batesville agrees, for the consideration hereinafter expressed to begin work within ten days after a Work Order is issued by the Chief Engineer and to complete the work within ninety (90) :cork days. Should the said City of Batesville fail to complete the work within the time limit herein specified, said City shall pay to the State Highway Commission, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the sum of twenty five dollars ($25.00) for each day delayed, which shall be deducted from the final amount of estimate made the City. Should the said City of Batesville fail to complete the work in an acceptable manner, or default in any requirement of it hereunder, the Arkan- sas State Highway Department shall have the right to complete all or any portion of the work with means at its command and pay for same from funds to be realized from the Performance bond set up in paragraph No. 5. In no case can any portion of the construction cost of this project be borne by the Arkansas State Highway Department. 8. The City of Batesville further agrees upon completion of the project to assume the maintenance of the installation by City forces and/or others in accordance with the prevailing applicable federal and Arkansas State Highway Commission regulations. ,)U-/o bUNO % Adpkk And it appearing further to the Council that it is to the best interest of the City that this work be done with City forces and that it is proper that the proposed agreement be executed in behalf of this City. It is therefore, considered, ordered and adjudged that the Mayor of this City execute for and in behalf of this City the foregoing agreement, bond and application for bond binding this City to the provisions thereof. mayor City Clerk, do hereby certify that the Ce foregoing order was duly signed on the day of 1972, and the same is recorded in Record Book on page y ,'�`of the records of the City of Batesville. /7 City ifterk