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3033 drk RESOLUTION NO . 3,033 A RESOLUTION AUTHORIZING A CONTRACT WITH FAGAN AIR CONDI- TIONING COMPANY, INC. , FOR THE INSTALLATION OF AIR CONDI- TIONING EQUIPMENT IN DUNBAR COMMUNITY CENTER IN THE CITY OF LITTLE ROCK, ARKANSAS; AUTHORIZING PAYMENT OF THE CONTRACT SUM; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock, Arkansas, has acquired air conditioning equipment to be installed in Dunbar Community Center in the City of Little Rock, Arkansas; and WHEREAS, the installation of said equipment requires highly competent and trained personnel and unusual techniques and equipment; and WHEREAS, a deadline exists for the installation of said equip- ment due to useage of Dunbar Community Center during the suuuuer months; and WHEREAS, it is deemed by the Board of Directors that it is impracticable and of no benefit to the public to follow the procedure of advertising for bids and that the circumstances do not permit, in point of time, the letting of bids and usual procedures; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. A contract is hereby awarded to Fagan :_sir Condi- tioning Company, Inc . , for the installation of City owned air condi- tioning equipment in Dunbar Community Center on a cost plus fee basis, as more specifically defined in Section 2 hereof. SECTION 2. The contract to be executed by the City of Little Rock and Fagan Air Conditioning Company, Inc. , shall be in form and substance as follows: CONTRACT THIS CONTRACT AND AGREEMENT made and entered into this day of June, 1963 , by and between Fagan Air Conditionin_, Company, Inc . , hereinafter referred to as CONTRACTOR, and the City o Little Rock, Ark- ansas, hereinafter referred to as CITY , WITNESSETH: That for and in consideration of the payment to b: made as hereinafter set forth, CONTRACTOR agrees to Burnish all tools , labor and certain equipment and materials and to install in place certain air conditioning equipment owned by the CITY at , in and about Dunbar Com- munity Center in the City oL Little Rock, Arkansas, in exact accordance with the specifications and scope of work iocum,nts prepared by Blaylock, IIIIL Cook, Deitz and ..ssociates , hereinafter referred to as ENGINEER, and now on file in the Department of Community Development of the City of II Little Rock, Arkansas , and according to the bid proposal of CONTRACTOR, .laced i'tay 23 , 1963 , a copy of which is attached hereto and made a part hereof as fully as though copied in full herein , under the direct super- vision and to the entire satisfaction of ENGINEER. It is understood and agreed between the Parties hereto that CON- TRACTOR shall use all air conditioning units in and about the premises and the cooling tower, switches , controls and offer equipment and appara- tus purchased by the CITY and on location at the sight of the work to the extent that same is useable in the judgmenc of ENGINEER. It is agreed and understood between tine Parties hereto that CON- fRACTOR agrees to accept and CITY agrees to pay for the work the direct cost of materials , labor, labor burden and taxes incurred by CONTRACTOR in performance of the work, together with Fifteen Per Cent (15%) of the said sum for overhead and Ten Per Cent (10%) of the direct cost and overhead as CONTRACTOR' S profit ; provided, however, that the maximum allowable limit for the direct cost of materials , labor , labor burden, . -l- and taxes shall be Seven Thousand Six Hundred Twenty Six and No/100 Dollars ($7 ,626 .00) and that the overhead of Fifteen Per Cent (15%) shall not exceed One Thousand One Hundred Forty Four and No/100 Dol- lars ($1 ,144 .00) , the total of which shall equal Eight Thousand Seven Hundred Seventy and No/100 Dollars ($8 ,770 .00) , Ten Per Cent (10%) of which shall be paid in addition thereto to CONTRACTOR as profit, equalling Eight Hundred Seventy Seven and No/100 Dollars ($877 .00) . All of these sums equal Nine Thousand Six Hundred Forty Seven and No/100 Dollars ($9 ,647 .00) . In the event that CONTRACTOR shall perform the work required at a direct cost of materials, labor, labor burden and taxes totalling less than the above maximum amount allocated for such purposes, CONTRACTOR shall receive Twenty Per Cent (20%) of such under- run as additional compensation hereunder . In the event the actual di- rect cost of materials , labor, labor burden, and taxes shall exceed the maximum allowable for such purposes above, then and in such event CONTKACTOa shall receive the full amount of such additional and excess direct costs of material, labor, labor burden and taxes , but shall be paid nothing in excess of One Thousand One Hundred Forty Four and No/100 Dollars ($1,144 .00) for overhead and Twenty Per Cent (20%) of such ex- cess amount shall be deducted from the Ten Per Cent (10%) profit payable to CONTRACTOR until the full Eight Hundred Seventy Seven and No/100 Dollars ($877 .00) of profit shall have been exhausted, and CITY shall be entitled to no further credits . Such payment shall be in lawful money of the United States and payment shall be made upon acceptance of the work by ENGINEER communicated to the CITY in writing. ENGINEER shall certify to the CITY prior to payment to CONTRACTOR its finding that all of the charges made by CONTRACTOR under direct cost of materials, labor, labor burden and taxes are just and actual costs incurred by CONTRACTOR; that all laborers, suppliers and material costs have been paid; and that • -3- the work is completed to the entire satisfaction of ENGINEER. Whereupon, final and full payment shall be immediately due and payable to the CON- TRACTOR by CITY . CONTRACTOR agrees for the consideration above expressed to begin work within one (1) day after being ordered to begin work by ENGINEER and to complete the work within two (2) weeks from the date of said order. CITY reserves the right to alter, change or modify the specifica- tions at any time prior to completion of the work and, upon such altera- tion, change or modification, the contract price and allowable limits shall be likewise altered, modified or changed in a fair and equitable manner according to the quantities affected. WITNESS our hands this day of June, 1963 . FAGAN AIR CONDITIONING COMPANY, INC. BY CITY OF ITTLE ROCK, ARKANSAS BY / _ N,,,,...-......." , ,o61.---<, ■...-42---4.-___ cp■i; Mayor ATTEST City Clerk J •. . v SECTION 3 . The City Manager and Director of Finance are hereby authorized and directed to issue a City of Little Rock warrant as pay- ment in full for the work called for herein when and as finally ap- proved by Engineer in such sum as, under the contract,is called for as final and full settlement with Fagan Air Conditioning Company, Inc. SECTION 4. This resolution shall be in full force and effect from and after its adoption. ADOPTED: June 3, 1963 ATTEST: c.ep / APPROVED: �� e esrv� City Clerk Mayor.