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2417 RESOLUTION NO . 2417 A RESOLUTION ACCEPTING THE LOW BID OF P . B. PRICE IN THE AMOUNT OF SEVENTEEN THOUSAND EIGHT HUNDRED FIVE AND 131100 DOLLARS ($17,805 . 13) FOR THE PAVING AND OTHER IMPROVEMENTS TO ROADS AND SIDEWALKS IN WAR MEMORIAL PARK; AUTHORIZING 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 P . B . PRICE FOR THE SAID PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND DIRECTOR OF FINANCE TO EXECUTE THE NECESSARY WARRANTS THEREFOR; AND FOR OTHER PURPOSES. WHEREAS, invitation for bids for the paving and improving of roads and sidewalks at War Memorial Park has been legally published; and WHEREAS , bids have peen received and opened pursuant to said advertisement; and WHEREAS, the bid of P. B. Price is the lowest bid submitted therefor; and WHEREAS, the City of Little Rock desires to award the contract for the said project to said P . B. Price; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The low bid of P. B. Price in the amount of Seventeen Thousand Eight Hundred Five and 13/100 Dollars ($17,805 . 13) for the paving and improving of roads and sidewalks at War Memorial Park 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 P. B. Price for the said paving and improving of said roads and sidewalks; which Agreement shall be in form and words as follows: A G R E E M E N T THIS AGREEMENT made and entered into this day of , 1959 , by and between the CITY OF LITTLE ROCK , ARKANSAS, acting by and through its Mayor and City Clerk, pursuant to the provisions of Resolution No. , hereinafter called ''First Party' and P. B. PRICE, hereinafter called "Second Party' , WITNESSETH : That for and in consideration of the promises and covenants hereinafter contained the parties hereto mutually agree as follows : 1 . Second Party agrees to furnish all tools , labor, equipment and materials for the paving and improving of certain roads and sidewalks in War Memorial Park in exact accordance with the plans and specifications on file in the Office of the Director of Public Works of the City of Little Rock, Arkansas. A copy of the plans, specifications and bid proposal for the said project is attached hereto and made a part hereof as though copied in full herein . The said project shall be under the direct supervision of the Director of Public Works of the City of Little Rock and shall be completed to his satisfaction in accordance with said plans and specifications. Said project shall be subject to inspection at all times . Provided, however, that the bid proposal of the Second Party is hereby specifically amended as follows: A. The quantity in Item No . 1 of the said bid proposal is reduced by 794 cubic yards , from 1717 . 7 cubic yards to 923 . 7 cubic yards, with the unit price of $1. 55 remaining the same as set out in the said bid proposal, and thereby changing the total amount to $1, 738 .73 . B. The quantity in Item No. 2 of the said bid proposal is reduced by 822.5 cubic yards, from 1746.2 cubic yards to 923 .7 cubic yards with the unit price of $7.00 remaining the same as set out in the said bid proposal , and thereby changing the total amount to $6,465 .90. C. The quantity in Item No. 3 of the said bid proposal is reduced by 4,764 square yards, from 10,306 square yards to 5 ,542 square yards, with the unit price of $0.60 remaining the same as set out in the said bid proposal, and thereby changing the total amount to $3 ,32J .20. 2. First Party agrees to pay, and Second Party agrees to` accept as pay- ment for the said project the amounts and prices stipulated in the bid pro- posal, such payments to be in lawful money of the United States, and the -9- payment to be made at the time and in thermnner set forth in the Specifications . Provided, however, that the total amount paid for the said construction shall not exceed the sum of Seventeen Thousand Eight Hundred Five and 13,1100 Dollars ($1/ ,805 . 13) . 3. Second Party shall ,:evil, work within ten (10) days from the date of work order by the supervising engineer and shall complete the work within seventy-five (75) working days from the date of commencement . In the event that the Second Party fails to complete the said work in the specified time, the Second Party shall pay First Party as liquidated damages ascertained and agreed, and not in tree nature of a penalty, the sum of Twenty Five and No/100 Dollars ($25.00) per day for each day that the completion of the said pro- ject exceeds the above specified time. 4. That the work and material for the said project shall be completely installed and delivered by the Second Party to the First Party within the tiiae above stated, clear and free from any and all liens, claims,and demands of any kind, for materials, equipment , supplies, labor, accidental death, or otherwise. To insure prompt , faithful , sufficient and complete performance of tnis Contract the Second Party shall make a bond in the full amount of the contract price to insure the faithful performance of the contract under all conditions laid down by it and the Plans and Specifications attached hereto covering equipment furnished, labor employed, workmanship , material, time of completion and delivery . Said bond shall hold and keep said First Party harm- less and free from all liens, claims , patent infringement, liability, demands and expenses of every kind and nature for any accident or injury to any person or persons or property, occasioned by or resulting from the prosecution of the work by the Second Party. WITNESS our hands this day of , 1959 . CITY OF LITTLE ROCK, ARKANSAS , First Party By Mayor Attest City Clerk 1 . B. PRICE, Second Party SECTION 3 . The City Manager and Director of Finance are hereby authorized and directed to execute the necessary warrants in payment of the bid price herein. SECTION 4. This resolution shall be in full force and effect from and after its adoption . ADOPTED: September 8, 1959 ATTEST: APPROVED: fd*P"i t clerlca