HomeMy WebLinkAboutPublic Works Facility Contractor AgreementCity of Batesville
Batesville Public Works Facility ETC Project N um ber-2106601 0 BATE
Phase I: Site Development
AGREEMENT
THIS AGREEMENT made this 1St day of December, 2021. by and between,
John M. Brown & Sons, Inc. (a corporation organized and existing under the laws of
the State of Arkansas) hereinafter called the "Contractor" and the City of Batesville, an agency
thereof hereinafter called the "Owner".
WITNESSETH:
That the Contractor and the Owner for the consideration stated herein mutually agrees as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical
personnel, labor, materials, machinery, tools, equipment, incidentals and services, including utility
and transportation services and perform and complete all work required for "City of Batesville
Public Works Facility, in strict accordance with the Contract Documents. as prepared by the
Engineer.
ARTICLE 2. The Contract Price is $359,111.00. The Owner will pay the contractor, because
of his performance of the Contract, for the total quantities of work performed at the
lump sum and unit prices stipulated in the Proposal, subject to additions, and
deductions as provided in the Section entitled "CHANGES IN THE WORK" under
GENERAL CONDITIONS.
ARTICLE 3. Contract Time. The Contractor agrees to begin work within ten (10) calendar
days after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to
complete the work within One Hundred Twenty (120) calendar days thereafter
(except as modified in GENERAL CONDITIONS of these Contract Documents). If
the Contractor shall fail to complete the work within the time specified, he and his
Surety shall be liable for payment to the Owner, as liquidated damages ascertained
and agreed, and not in the nature of a penalty, the sum of Two Hundred Fifty
Dollars ($250.00) for each day of delay. To the extent sufficient in amount,
liquidated damages shall be deducted from the payments to be made under this
Contract.
ARTICLE 4. Contract. The executed Contract Documents shall consist of the following:
a. This Agreement
b. Advertisement for Bids
C. Information for Bidders
d. Bid Proposal
e. General Conditions
f. Technical Specifications
00007-1
City of Batesville
Batesville Public Works Facility
Phase I: Site Development
ETC Project Number-2106601013ATE
This Agreement, together with other Documents enumerated in this Article 4, which said other
Documents are as fully a part of the Contract as if hereto attached to herein repeated, form the
Contract between the parties hereto. In the event that any provisions in any component part of
this Contract conflicts with any provision of any other component part, the conflict shall be
resolved by the Engineer whose decision shall be final.
ARTICLE 5. Surety. The Surety on the Performance -Payment Bond shall be a surety company
of financial resources satisfactory to the Owner and authorized to do business in the State of
Arkansas.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in
four (4) counterparts, each of which shall be considered an original on the day and year first above
written.
ATTEST: CONTRACTOR
r.,
John M. Brown & Sons, Inc.
(Contractor)
BY: (� Uzerr President
(Title)
OWNER
City of Batesville
(Owner)
BY: _
(Mayor)
00007-2
City of Batesville
Batesville Public Works Facility
Phase I: Site Development
ETC Project Number-21066010BATE
NOTICE TO PROCEED
To: John M. Brown & Son's Inc. 979
Caney Spring Church Road
Sage, AR 72573
Date: December 1, 2021
Project: City of Batesville Public Works Facility
Phase I: Site Development
You are hereby notified to commence WORK in accordance with the Agreement dated
December 1, 2021 , on or after December 6, 2021
The date of completion of all WORK is Tuesday.. April 511, 2021
ETC Engineers & Architects, Inc.:
Title: Operations Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
Chad Brown this the 1 st day of December
Contractor: John M- Brown & Sons. Inc.
By: cxa� C3�eutty
Title: President
20 21