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2351 ....-._....... RESOLUTION NO. 2351 A RESOLUTION ACCEPTING THE LOW BID OF BEN M. HOGAN COMPANY FOR THE WIDENING AND PAVING OF WEST MARKHAM STREET BETWEEN STIFPT STATION AND ELM STREET IN THE CITY OF LITTLE ROCK; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ENTER INTO A CONTRACT WITH SAID COMPANY FOR SAID IM- PROVEMENTS; AUTHORIZING AND APPROVING THE EXPENDITURE OF EIGHTY SIX THOUSAND DOLLARS ($86,000.00) PAYABLE FROM THE 1958 BOND CONSTRUCTION FUNDS , WHICH MONEYS HAVE PREVIOUSLY BEEN APPROPRIATED BY ORDINANCE NO. 10,921 OF THE CITY OF LITTLE ROCK, ARKANSAS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND DIRECTOR OF FINANCE TO EXECUTE THE NECESSARY WARRANTS IN PAYMENT THEREFOR; AND FOR OTHER PURPOSES. WHEREAS, the City by proper legal advertisement requested bids for the widening and paving of West Markham Street between Stiff t Station and Elm Street in the City of Little Rock, and WHEREAS, the bid of Ben M. Hogan Company of Little Rock, Arkansas, is the lowest bid submitted therefor, and WHEREAS, the City is desirous of awarding a contract for said widening and paving to said Ben M. Hogan Company, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. A contract for the widening and paving of West Markham Street between StifftStation and Elm Street at a cost to the City of Little Rock of Eighty Six Thousand Dollars ($86,000.00) is hereby awarded to the Ben M. Hogan Company as the lowest responsible bidder therefor. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute and enter into a contract with the Ben M. Hogan Company for the widening and paving of the said Street pursuant to the bid proposal, plans and specifications for said improvements on file in the Office of the Director of Public Works, which Contract shall be in form and words as follows : "C O N T R A C T THIS CONTRACT AND AGREEMENT, made and entered into this day of , 1959 , by and between the City of Little Rock, Arkansas, acting through the Mayor and City Clerk of the said City pursuant to the provisions of Resolution No . , hereinafter referred to as First Party and Ben M. Hogan Company, hereinafter referred to as Second Party, WITNESSETH: That for and in consideration of the payment to be made as herein- after set forth, the Second Party agrees to furnish all tools, labor, equipment and materials for the widening and paving of West Markham Street between Stiff Station and Elm Street in exact accord with the plans, specifications and proposal on file in the office of the Director of Public Works, Little Rock, Arkansas . Said plans, specifications and proposal are made a part hereof as though copied in full herein. Said work shall be done under the supervision of the Director of Public Works of the City of Little Rock and to the entire satisfaction of the said City subject to inspection at all times in accordance with the laws of the State of Arkansas. It is agreed and understood between the parties that the Second Party agrees to accept and the First Party agrees to pay for the work at the prices stipulated in said Proposal, such payment to be in lawful money of the United States, and the payment shall be made at the time and in the manner set forth in the Specifications. The Second Party agrees, for the consideration above expressed, to begin work within ten days after being ordered to begin work by the Engineer, and to complete the work within ninety (90) calendar days. If the Second Party shall fail to complete the work in the time herein specified, he shall pay to the First Party, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the sum of Thirty Dollars ($30 .00) for each day delayed, which shall be deducted from the final amount of estimate made by the Contractor. WITNESS OUR HANDS, this the day of , 1959 . CITY OF LITTLE ROCK, ARKANSAS , First Party BY Mayor ATTEST City Clerk BEN M. HOGAN COMPANY Second Party By SECTION 3 . There is hereby authorized and approved the expendi- ture of Eighty Six Thousand Dollars ($86,000 .00) payable to the Ben M. Hogan Company in the manner as provided for by the bid proposal, plans and specifications on file in the office of the Director of Public Works. Said moneys shall be paid from the 1958 Bond Construction Funds and charged to the Street Construction Fund. SECTION 4. The City Manager and Director of Finance are hereby authorized and directed to execute the necessary warrants in payment therefor. SECTION 5 . This resolution shall be in full force and effect from and after its adoption . ADOPTED: May 18, 1959 ATTEST: ,�, J APPROVED: City Clerk Mayor.