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3560 RESOLUTION NO. 3 ,560 A RESOLUTION ACCEPTING THE BID OF STUBBLEFIELD CONSTRUCTION COMPANY FOR CONSTRUCTION OF REST- ROOMS AND SHELTERS WITHIN CERTAIN PARKS IN THE CITY OF LITTLE ROCK; AUTHORIZING EXECUTION OF CONTRACT FOR THE CONSTRUCTION, AND FOR OTHER PURPOSES. WHEREAS, invitation to bid was advertised and bids received pursuant thereto according to law for the construc- tion of restrooms and shelters in certain parks in the City of Little Rock; and WHEREAS, the lowest responsible and responsive bid for the construction thereof was the bid of Stubblefield Con- struction Company for the sum of $22,660.00 for the base four units, and $29,151.00 for the base four units and alternate unit; and WHEREAS, it is the desire of the Board of Directors to accept the bid of Stubblefield Construction Company, and to authorize execution of a contract for the performance of the work; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIREC- TORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The bid of Stubblefield Construction Com- pany in the sum of $22, 660 for the base four units, or in the sum of $29,151 for the base four units plus alternate unit, is hereby accepted. SECTION 2. The Mayor and City Clerk are hereby autho- rized and directed to execute for and in behalf of the City of Little Rock a contract with the said Stubblefield Construc- tion Company for the performance of the work, which contract shall be in form and substance as follows : C O N T R A C T• WITNESS this agreement made this day of 196 by and between the City of Little Rock, Arkansas, hereafter called owner and Stubblefield Construction Company Sheridan , Arkansas hereafter called CONTRACTOR, wherein the OWNER and CONTRACTOR, for the considerations hereafter set forth , agree as follows : Construct Restrooms Shelter Buildings at Airport Park, Hindman Park, Butler Park, and Granite Heights Park, Also Gum Springs Park as provided in Special Provision No . l . ARTICLE I . SCOPE OF WORK The CONTRACTOR shall furnish all of the materials and perform all of the work shown on the drawings and designated in the specifications entitled : Restrooms Shelter Buildings prepared by : Little Rock Parks & Recreation Department and shall do everything required by this Contract , the General Conditions, Special Conditions, drawings, specifications and other contract documents, if any . ARTICLE 2 . TIME OF COMPLETION The prosecution of the work by CONTRACTOR shall be commenced within 5 days from issuance of a work order and the work shall be completed within 120 consecutive days thereafter . * See Special Provision No . l Liquidated damages shall be assessed against the CONTRACTOR and deducted from final payment at the rate of $ None per day for each day following the aforesaid date of completion until the work shall have been completed. ( If no sum is shown - 2 - in this paragraph, there shall be no liquidated damages applicable to work) . The amount of liquidated damages is acknowledged by both parties as reasonable and is not in the nature of a penalty . ARTICLE 3 . CONTRACT SUM OWNER shall pay to the CONTRACTOR for performance of the Contract , subject to proper additions and deductions according 0 to the terms thereof, the following sum : • For Rase 4 Units $22, 660 .00 For Rase 4 Units and Alternate 29, 151 .00 See Special Provision No . 1 Where the quantities originally contemplated are so changed that enforcement of the Contract sum .upon either party shall tend to create an inequity or hardship, there shall be an equi"table adjustment of the Contract sum to prevent any such hardship . OWNER reserves the right to make changes in the quantities required hereunder and any such changes shall cause equitable adjustments of the Contract sum . ARTICLE 4 . INTERIM AND PROGRESS PAYMENTS OWNER shall make progress payments to the CONTRACTOR, or his assigns, as follows; A - 3 - ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due CONTRACTOR 15 days after completion of the work and acceptance thereof by the City Manager, Inspec- tion and final approval by the City Manager, or his authorized agents, shall be made immediately upon notice of completion by CONTRACTOR and final approval shall not be arbitrarily or unreasonably withheld. Before issuance of final payment the CONTRACTOR shall submit evidence satisfactory to the City Manager that all laborers, materialmen , subcontractors and other creditors have been paid or otherwise satisfied . In the event of substantial completion of the work, though full completion be temporarily impossible due to no fault of the CONTRACTOR, the OWNER shall make payment for the work actually performed, completed and accepted, and the contract shall not be terminated. ARTICLE 6 . CONTRACT DOCUMENTS The General Conditions of the Contract, Special Conditions, Plans, Specifications, bid proposal and this Contract shall constitute the Contract Documents and are a part of this Contract as if attached hereto and set forth in the body hereof. The following by name constitute the Contract Documents . A . Park Restroom - Shelter P)ans & Specifications March 1966 B . Park Restroom- Shelter Plans General Conditions. C. Bid Porposal Form Dated April 22, 1966 D . Special Provision No . 1 attached and part of this contract IN WITNESS WHEREOF the parties hereto have executed this Contract on the day and year aforesaid . CITY OF LITTLE ROCK, ARKANSAS ( OWNER) BY ATTEST : Mayor City Clerk (CONTRACTOR) BY ATTEST : (President - Partner - Proprietor Secretary *,;) SPECIAL PROVISION NO. I Number I . Contractor will perform construction of the base four units within 120 days of work order, but shall not construct the alternate unit unless notified to do so . If notified in writing by the City within 90 days from the date of the initial work order that the alter- nate unit shall he constructed, then the con- tractor shall complete construction of the base four units together with the alternate unit within a total of 141 days. Unless notified within said 90 days that the City elects to construct the alternate unit , the contractor shall be bound only to complete the alternate unit within a time and at a cost mutually acceptable to both the City and the Contractor , or if such agreement cannot be reached the contractor shall be relieved of further obligation upon written p notice by the City, 1 . ............ _ _ - 2 - SECTION 3. The City Manager and Director of Finance, upon completion of the contract and under the terms thereof relating to payment to the contractor, are hereby authorized and directed to execute the necessary warrant or warrants in payment of contract price. SECTION 4. This resolution shall be in full force and effect from and after its adoption. ADOPTED: May 2, 1966 ATTEST`%� rae,J' APPROVED: •ice City Clerk Mays