3786 RESOLUTION NO. 3,786
A RESOLUTION ACCEPTING AND APPROVING THE BID
OF C. E. "RED" HIGGINBOTHAM FOR THE CONSTRUC-
TION AND INSTALLATION OF AN AIR CONDITIONING
AND HEATING SYSTEM IN THE OTTENHEIMER PARK
CLUB HOUSE; AUTHORIZING EXECUTION OF A CONTRACT
FOR SAID CONSTRUCTION; AND FOR OTHER PURPOSES.
WHEREAS, invitation to bid was advertised and bids
received pursuant thereto according to law for the construc-
tion and installation of an air conditioning and heating
system in the club house of Ottenheimer Park; and
WHEREAS, the lowest responsible and responsive bid for
the said construction is that of C. E. "Red" Higginbotham
in the amount of Two Thousand Three Hundred Twenty One and
14/100 Dollars ($2, 321.14) ; and
WHEREAS, it is the desire of the Board of Directors to
accept the bid of said C. E. "Red" Higginbotham and award
a contract for the performance of said work.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The bid of C. E. "Red" Higginbotham in the
amount of Two Thousand Three Hundred Twenty One and 14/100
Dollars ($2, 321.14) for the construction and installation of
an air conditioning and heating system in the Club House of
Ottenheimer Park in accordance with plans, specifications
and bid proposal on file in the office of the purchasing
agent in the City of Little Rock is hereby accepted and the
Mayor and City Clerk are hereby authorized and directed to
enter into a contract for said work which 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
hereafter called CONTRACTOR, wherein the OWNER and CONTRACTOR,
for the considerations hereafter set forth , agree as follows :
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 :
prepared by :
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 days from issuance of a work order and the work
shall be completed within consecutive days thereafter .
Liquidated damages shall be assessed against the CONTRACTOR
and deducted from final payment at the rate of $
per day for each day following the aforesaid date of completion
until the work shall have been completed. ( If no sum is shown
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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
to the terms thereof, the following sum :
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
equitable 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;
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ARTICLE 5 . ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due CONTRACTOR 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.
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
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SECTION 2. The City Manager and Director of Finance
upon the completion of the work provided for by said contract
in full compliance with the plans, specifications and bid
proposal therefor which are made a part of said contract
are hereby authorized and directed to issue the necessary
warrant or warrants in payment of the said contract price.
SECTION 3. This Resolution shall be in full force
and effect from and after its adoption.
ADOPTED: June 5, 1967
ATTEST:L-Te j,,, , t—Be APPROVED; % -
City C er Mayor or