2710 RESOLUTION NO. 2,710
A RESOLUTION ACCEPTING THE LOW BID OF LESTER HURST LANDSCAPING
AND TREE SERVICE COMPANY IN THE AMOUNT OF TWO THOUSAND FOUR HUN-
DRED FORTY-FIVE AND 65/100 DOLLARS ($2,445 .65) FOR LANDSCAPING
LANDS ADAJCENT TO UNIVERSITY AVENUE; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAID LOW
BIDDER; AUTHORIZING AND APPROVING THE EXPENDITURE OF FUNDS THERE-
FOR; AND FOR OTHER PURPOSES.
WHEREAS, invitation for bids for the landscaping to be done along
University avenue has been legally published; and
WHEREAS, the bids have been received and opened pursuant to said
invitation; and
WHEREAS, the bid of Lester Hurst Landscaping and Tree Service Com-
pany is the lowest bid submitted therefor; and
WHEREAS, the City of Little Rock desires to award the Contract
for the said landscaping to the low bidder; and
WHEREAS, the Board of Directors of the City of Little Rock desires
to authorize the expenditure of Two Thousand Four Hundred Forty-five
and 65/100 Dollars ($2,445 .65) from the Street Construction Fund, Pro-
ject 3, for said landscaping;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
SECTION 1. The low bid of Lester Hurst Landscaping and Tree Ser-
vice Company in the amount of Two Thousand Four Hundred Forty-Five and
65/100 Dollars ($2,445 .65) for the landscaping needed to restore certain
land adjacent to the University Avenue Construction to the original condi-
tion prior to the construction work 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 the said Landscaping Company for the said
project, which Contract Agreement shall be in form and words as follows:
"CONTRACT AGREEMENT
1. THIS CONTRACT AND AGREEMENT, MADE AND ENTERED into this
day of , 196 , by and between THE CITY OF LITTLE ROCK,
ARKANSAS, Party of the First Part acting through its duly authorized
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representative and LESTER HURST LANDSCAPING AND TREE SERVICE COMPANY,
Party of the Second Part, WITNESSETH:
That for and in consideration of the payments to be made, as herein-
after set forth, the Party of the Second Part hereby agrees to furnish
all tools, labor, equipment and materials, and to build and construct
the landscaping requirements as set forth in the foregoing schedule in
exact accordance with the plans on file with Max Mehlburger Engineers,
1202 West Sixth Street, Little Rock, Arkansas, Engineers of the said
Party of the First Part, and in exact accordance with the Specifications,
Proposals and other Special Provisions attached hereto and made a part
hereof as fully as though copied in full herein, under the direct super-
vision and to the entire safisfaction of said Max Mehlburger Engineers,
Engineers for the Party of the First Part and in accordance with the
laws of the State of Arkansas.
2. It is further agreed and understood by and between the parties
hereto that the Party of the First Part agrees to pay and the Party of
the Second Part agrees to accept as full and final compensation for all
work done under this agreement, the unit prices or lumPsum amounts named
in the proposal which is hereto attached, such payment to be made in
lawful money of the United States, at the time and in the manner set
forth in the specifications.
3. The Party of the Second Part agrees for the consideration above
expressed, to begin work within 10 days after being ordered to begin
work by the Engineer, and to complete the work within thirty (30) calen-
dar days thereafter. If the Party of the Second Part shall fail to
complete the work in the time herein specified, he shall pay to the Party
of the First Part, as liquidated damages, ascertained and agreed, and
not in the nature of a penalty, the sum of Ten and No/100 Dollars ($10.00)
for each day delayed, which shall be deducted from the final amount to
be paid under the contract.
4. The Party of the Second Part agrees to furnish a Performance Bond
with an approved surety thereon, guaranteeing the performance of this
contract, as required by the laws of the State of Arkansas, and for not
less than 100% of the amount of this contract. Said bond shall be con-
ditioned on full and complete performance of the contract and for the
payment of all labor and materials entering into or incident to the
proposed improvement.
The Surety on said bond shall be a Surety Company of financial re-
sources satisfactory to the Party of the First Part, and authorized to
do business in the State of Arkansas. This contract shall not take
effect until said bond in the sum of Two Thousand Four Hundred Forty-
Five and 65/100 Dollars ($2,445 .65) has been furnished and approved.
5. The Party of the Second Part also agrees to carry Public and
Employer' s Liability Insurance, Workmen ' s Collective, Contractors Con-
tingent Liability and Property Damage Insurance in amounts as required
by the Specifications.
WITNESS OUR HANDS this day of , 196,.
LESTER HURST LANDSCAPING CITY OF LITTLE ROCK, ARKANSAS
AND TREE SERVICE CO. Party of the First Part
Party of the Second Part
BY BY
(Title) (Duly Authorized Officials)"
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SECTION 3. There is hereby authorized and approved the expendi-
ture of the sum of Two Thousand Four Hundred Forty Five and 65/100
Dollars ($2,445 .65) from the Street Construction Fund, Project 3,
payable to Lester Hurst Landscaping and Tree Service Company for the
said landscaping work, which sum has previously been appropriated.
SECTION 4. The City Manager and Director of Finance are hereby
authorized and directed to execute the necessary warrants in payment
of moneys approved in Section 3 hereof.
SECTION 5 . This resolution shall be in full force and effect
from and after its adoption.
ADOPTED: June 5, 1961
ATTEST: _,—) / APPROVED:
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City Clerk Mayor