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HomeMy WebLinkAbout2014-11-01-R i A RESOLUTION FOR THE CITY OF BATESVILLE,ARKANSAS TO ACS EPT THE LOW BID AND ENTER INTO A CONTRACT WITH TRICO,INC. FOR THE CONSTP UCTION OF PHASE III SECTION I OF THE BATESVILLE GREENWAY WHEREAS,the City of Batesville desires to accept the low bid and enter into a contract for the Construction of Phase III Section I of the Batesville Greenway; WHEREAS,the low bidder meeting qualifications and the firm selected for the Construction of Phase III Section I of the Batesville Greenway is Trico,INC; WHEREAS,the total amount of the contract is$71,552.50,more or less,and w 11 be paid from monies collected from the Arkansas Highway and Transportation Department Recreat' nal Trails Grant Program. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FORT CITY OF BATESVILLE,ARKANSAS THAT: Section 1. That the City of Batesville shall accept the low bid and enter into a c ontract for the Construction of Phase III Section I of the Batesville Greenway with Trico,INC Section 2. The total amount for the contract is for$71,552.50,more or less, and will be paid from monies • collected from the Arkansas Highway and Transportation Department Recreati nal Trails Grant Program. i Section 3. The Mayor and City Clerk are hereby authorized by the City Couni for the City of Batesville to execute all documents necessary to effectuate this agreement. PASSED AND APPROVED this 12th day of November, 2014. Rick Elumbau Denise Johnst on Mayor City Clerk City of Batesville City of Bates ille • `.. City of Batesville Greenway Walking Trail Contract and General Conditions THIS AGREEMENT, made and entered into this day of 20_, by and between TRICO, Inc., hereinafter called the"Contractor"and City of Batesville,hereinafter called the "Owner". In consideration of the mutual premises and agreements contained herein,the undersignec Contractor and Owner agree as follows: A. The Contractor shall I. Furnish all labor. materials, tools, machinery. supervision and services ecessary to perform all of the work in accordance with the description of work consisting of speci I nations, and supplemental contract documentation, dated October 2014, for work defined in City of Batesville. Arkansas, for the sum of$71,552.50. 2. Perform all work timely and diligently in a good and workmanlike manner using approved or equal materials as specified by the Grantee. 3. Begin work within 10 calendar days of receipt of the written Notice to Proceed and shall complete the work within 30 calendar days thereafter. 4. Carry Worker's Compensation and Employer's Liability Insurance in accordance with the laws of the State of Arkansas for all persons engaged in work at the site, an carry Contractor's Public Liability and Property Damage Insurance and Comprehensive Automobile Liability Insurance. 5. Furnish, before beginning the work, a Certificate of Insurance showing compliance with the provisions of Section A, Paragraph 4 above. 6. Keep the premises clean and orderly during the work and upon substantial completion of the contract, remove all rubbish,tools, scaffolding, and surplus materials firc m and about the site(s)and leave the work and premises consistent with prior appearance or equivalent. Material and equipment that have been removed and replaced as part of the work shall belong to the contractor. Not assign the contract without written consent from the Owner. 8. Guarantee the work performed for a period of twelve months from the date of final acceptance of all work required by this contract. Furthermore, furnish the Owner and the Grantee with all manufacturer's and supplier's written guarantees and warranties covering materials and equipment furnished under this contract. 9. Furnish the Owner, upon completion of the work and upon final payment by the Owner, a Release of Lien Form certifying that all charges for materials, labor, and/or any other expenses incurred by the Contractor pertaining to the execution of this contract have been paid in full. 10. Defend, indemnify and hold harmless the Owner, the Arkansas Highway and Transportation Department, their agents or employees from and against any and all claims for injuries or damages to persons or property of any kind or character, whatsoever, whether re4d or asserted, arising out of the performance of this contract. Furthermore, shall assume all liability and responsibility for injuries, claims or suits for damages, to persons or property of any kid or character, whatsoever, whether real or asserted. arising out of the performance of this contract. B. The Owner shall Batesville Greenway Phase 111 Section 1 September 2014 11 (W 1. Not make, or permit to be made, any changes to the description of wort, without written approval from the Arkansas Highway and Transportation Department. 2. Permit the contractor to use existing utilities such as lights,heat,power and water necessary to carry out and complete the work as specified. 3. Cooperate with the contractor to facilitate the performance of the work. 4. Issue a written Notice to Proceed to the contractor within ten(10)days frm the date of this agreement. C. Method of Compensation I. Payment for work shall be made after: City of Batesville has received th contractor's Final Invoice and a final inspection has been conducted. D. General Provisions: 1. The contractor agrees to perform all contract work as specified, and the Dwner agrees that neither he nor the members of his family, his tenants, agents, or employees will hinder the contractor or his work. 2. The contractor shall take affirmative steps to ensure that applicant) for employment are not discriminated against in any manner prescribed by the Regulatory Requirements of this contract during employment. Employment activities shall include, but not Iw limited to employment, upgrading, demotion, or transfer; termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3. The contractor shall post in conspicuous places, for employees and pplicants for employment, notices setting forth the provisions, as stated, of the non-discrimination clause contained within the contract's Regulatory Requirements. 4. In the event of any breach of this contract by the contractor,the Owner and the Grantee may,at their option, engage the services of another contractor to complete the work d deduct the cost of such completion from any amount due the contractor. 5. This contract embodies all of the representations,rights,duties,and obligations of the parties hereto, and any prior oral or written agreement not embodied herein shall not tx binding upon or endure to the benefit of any of the parties This Contract and All Terms and Conditions Contained Her in Batesville Greenway Phase III Section 1 September 2014 12 <W Are Approved and Accepted as of the Date First Above Written. (Seal) Attest: (Owner) By ALA (Secretary) (Witness) (Title) (Seal) Attest: ( for By (Secretary) (Witness) (Title) (W Batesville Greenway Phase I11 Section I September 2014 13