HomeMy WebLinkAbout1975-680-R IN THE MATTER OF A CERTAIN STREET SYSTEM
KNOWN AS THE FEDERAL AID URBAN SYSTEM
JOB Na. 5655
(W FEDERAL AID PROJECT NO. M-8020 (6)
RESOLUTION ego
Now on this day there comes on for consideration the matter of
improving certain city streets known as the Federal Aid Urban System
which System is a part of the approved Federal Aid 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 improvement of street radii on said streets under the provision
of the following agreement , which is tendered to the City for
execution.
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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 Federal Aid Urban System, which
System is part of the approved Federal Aid System of said City.
2. Under the Federal Aid Highway Act of 1973 , Federal funds are
made available which may be used for payment in part for the work
contemplated by this agreement under condition that not less than
thirty 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 accor-
(W
dance with plans and specifications approved by the Arkansas
State Highway Department and the work supervised by the Arkansas
State highway Department.
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 Mayor
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 des-
cribed as follows :
Improvement of street intersection radii .
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 $37 ,730 . 00 which is 100 percent the estimated cost
of said work and the materials .
6. The City of Batesville , as Contractor, agrees to perform this
work at the unit prices shown on the attached proposal
schedule.
As the work undertaken by the City of Batesville hereunder
progresses, the Arkansas State Highway Department in its super-
vision 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, sub-
ject to the limitations and withholdings contained in Section 109
of the Standard Specifications for .Highway Construction, Arkansas
Highway Commission, Edition 1972 , and final payment will be made
upon the completion and acceptance of said job, subject to correc-
tion for changes made in the final voucher as paid by the Federal
Highway Administration.
7. The City of Batesville agrees , for the consideration herein-
after expressed to begin work within ten days after a Work Order
is issued by the Chief Engineer and to complete the work within
one hundred fifty work 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 Arkansas State Highway Department shall have the right to com-
plete 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. S.
in no case can any portion of the construction cost of this pro-
ject 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 .
And it appearing further to the City Council that it is to
the best interest of the City that this- work be done with City
t
Forces and that it is proper that the proposed agreement be exe-
tuted 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 foregoing order was duly signed on the day of
1975 , and the same is recorded in Record Book / on page 2 of the records of the City of Batesville .
City Clerk