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2394 RESOLUTION NO. 2394 A RESOLUTION ACCEPTING THE LOW BID OF KELLEY-NELSON CONSTRUC- TION CO. IN THE AMOUNT OF THREE HUNDRED SIXTY-EIGHT THOUSAND EIGHT HUNDRED SIXTY-NINE AND NO/100 DOLLARS ($368,869.00) FOR THE CONSTRUCTION OF A POLICE AND COURTS BUILDING; AUTHORIZ- ING AND DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO AND EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF LITTLE ROCK, ARKANSAS, WITH THE SAID KELLEY-NELSON CONSTRUCTION CO. FOR THE SAID CONSTRUCTION; AND FOR OTHER PURPOSES. WHEREAS, invitation for bids for the construction of the Police and Courts Building has been legally published; and WHEREAS, bids have been received and opened pursuant to said advertisement; and WHEREAS, the bid of Kelley-Nelson Construction Co. is the lowest bid submitted therefor; and WHEREAS, the City of Little Rock desires to award the contract for the said construction to said Kelley-Nelson Construction Co. ; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The low bid of Kelley-Nelson Construction Co. in the amount of Three Hundred Sixty-eight Thousand Eight Hundred Sixty-nine and No/l00 Dollars ($368,869.00) for the construction of the Police and Courts Building is hereby accepted. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to enter into and execute an Agreement on behalf of the City of Little Rock, Arkansas, with Kelley-Nelson Construction Co. for the said construction, which Agreement shall be in form and words as follows: I I A G R E E M E N T THIS AGREEMENT made the day of August in the year Nineteen Hundred and Fifty-nine by and between KELLEY-NELSON CONSTRUCTION COMPANY hereinafter called the Contractor, and CITY OF LITTLE ROCK, ARKANSAS , act- ing by and through the Mayor and City Clerk, pursuant to provisions of Resolution No. , hereinafter called the Owner, WITNESSETH, that the Contractor and the Owner for the considerations hereinafter named agree as follows: ARTICLE 1. SCOPE OF THE WORK--The Contractor shall furnish all the materials and perform all of the work shown on the Drawings and described in the Specifications entitled Police and Courts Building, City of Little Rock, Arkansas, prepared by Erhart, Eichenbaum, Rauch and Blass, Archi- tects, 201 Chester Street, Little Rock, Arkansas, acting as and in these Contract Documents entitled the Architect; and shall do everything re- quired b/ this Agreement, the General Conditions of the Contract, the Specifications and the Drawings. ARTICLE 2. TIME OF COMPLETION--The work to be performed under this Contract shall be commenced on or before August 6, 1959 and shall be substantially completed in ten (10) calendar months. No liquidated damages. ARTICLE 3. THE CONTRACT SUM--The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein, in current funds as follows: Three Hundred Sixty- eight Thousand Eight Hundred Sixty-nine Dollars and No Cents ($368,869 .00) . Base Bid "A" $369 ,886.00 Less Alternate No. J-1 1,017.00 contract sum $368,869 .00 Where the quantities originally contemplated are so changed that appli- cation of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of the Contract to prevent such hardship. ARTICLE 4. PROGRESS PAYMENTS--The Owner shall make payments on account of the Contract as provided therein, as follows: On or about the 15th day of each month 90 per cent of the value, based on the Contract prices of labor and materials incorporated in the work and of materials suitably stored at the site thereof up to the 1st day of that month, as estimated by the Architect, less the aggregate of pre- vious payments; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to 90 per cent of the Contract price. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT--Final payment shall be due 15 days after substantial completion of the work provided the work be then fully completed and the contract fully performed. Upon receipt of written notice that the work is ready for final in- spection and acceptance, the Architect shall promptly make such inspec- tion, and when he finds the work acceptable under the Contract and the Contract fully performed he shall promptly issue a final certificate, over his own signature, stating that the work provided for in this Con- tract has been completed and is accepted by him under the terms and con- ditions thereof, and that the entire balance found to be due the Con- tractor, and noted in said final certificate, is due and payable. Before issuance of final certificate the Contractor shall submit evi- dence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid. If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ARTICLE 6. THE CONTRACT DOCUMENTS--The General Conditions of the Contract, the Specifications and the Drawings, together with this Agree- ment, form the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. The following is an enumeration -2- of the Specifications and Drawings: Drawins,s: Architectural and Civil - Sheet Nos. 1 through 10, inclusive, and Sheet Nos. J-1 through J-6, inclusive; Structural - Sheet Nos. S-1 through S-4, inclusive; Mechanical - Sheet MEP-1, Sheet Nos. P-1 through P-4 inclusive, and Sheet Nos. M-1 through M-5 , inclusive; and Electrical - Sheet Nos. E-1 through E-5 , inclusive. Specifications: List of Drawings Advertisement for Bids General Conditions Special Conditions Sections 1 through 23 , inclusive Addendum Number One dated July 9 , 1959 . Addendum Number Two dated July 20, 1959 . IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above written. KELLEY-NELSON CONSTRUCTION COMPANY BY CITY OF LITTLE ROCK, ARKANSAS BY Mayor BY City Clerk ► • ; 4 SECTION 3 . This resolution shall be in full force and effect from and after its adoption. ADOPTED: August 3, 1959 ATTEST: APPROVED: '7)ccolL, ityCk Ma r.