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3634 • a RESOLUTION NO. 3,634 RESOLUTION AWARDING A CONTRACT TO THE BEN M. HOGAN COMPANY FOR CERTAIN WORK AND MATERIALS IN CONNECTION WITH THE WIDENING, PAVING AND IMPROVING OF WEST 12th STREET BETWEEN UNIVERSITY AVENUE AND THE EAST END OF THE VIADUCT BETWEEN JONES AND APPIANWAY STREETS; AUTHORIZING AND DIRECTING THE EXECUTION OF A CONTRACT BY THE MAYOR AND CITY CLERK; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES: WHEREAS, invitation for bids were advertised in connection with the widening, paving and improving of a portion of West 12th Street in the City of Little Rock pursuant to which bids were received and opened; and WHEREAS, the lowest responsible and responsive bid was that of Ben M. Hogan Company, Inc. , in the amount of 4620,853.00 ' and WHEREAS, it is the desire of the Board of Directors to award a contract to the said Ben M. Hogan Company, Inc. for the widening, paving and improving of a portion of West 12th Street as aforesaid. 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. A contract is hereby authorized and awarded to Ben M. Hogan Company, Inc. of the City of Little Rock, Arkansas for the widening, paving and improving of West 12th Street between University Avenue and the East end of the viaduct between Jones and Appianway Streets in accordance with plans, specifications and drawings prepared by Garver and Garver, engineers for the City of Little dock, which plans are on file in the Public Works Department of the City of Little Rock. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute for and on behalf of the City of Little Rock a contract for the work described in Section 1 hereof which contract is in form and substance as follows: CONTRACT THIS AGREEMENT made this day of , 19 by and between (a corporation organized and existing under the laws of the State of ) (a partnership consisting of ) (an individual trading as ) (Strike out the two terms not applicable) hereinafter called the "Contractor", and City of Little Rock, Arkansas , here- inafter called the "Owner". WITNESSETH, that the Contractor and the Owner for the consideration stated herein mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all super- vision, technical personnel, labor, materials, machinery, tools, equipment, incidentals, and services , including utility and transportation services, and perform and complete all work required for the construction of West 12th Street Widening, Contract I, Little Rock, Arkansas , in strict accordance with the Contract Documents, including all Addenda thereto, numbered dated and dated , as prepared by the Engineer. ARTICLE 2. The Contract Price. The Owner will pay the Contractor, be- cause of his performance of the Contract, for the total quantities of work performed at the lump sum prices and unit prices stipulated in the Proposal for the several respective items of work completed, subject to additions and deductions as provided in GC-07, 'Changes In The Work' , of GENERAL CONDITIONS. ARTICLE 3. Contract Time. The Contractor agrees to begin work within ten (10 calendar days after issuance by the Owner of a "Work Order" or "Notice to Proceed" and to complete the work within 360 calendar days there- after. If the Contractor shall fail to complete the work within the time specified, he and his Surety shall be liable for payment to the Owner, as liq- uidated damages ascertained and agreed, and not in the nature of a penalty, the amount specified in GENERAL CONDITIONS of these contract documents for each day of delay. To the extent sufficient in amount, liquidated damages shall be deducted from the final payment to be made under this contract. ARTICLE 4. Contract. The executed contract documents shall consist of the following: a. This Agreement f. General Conditions b. Addenda g. Special Conditions c. Notice to Contractors h. Technical Specifications d. Instructions to Bidders i. Drawings (as listed in the List e. Proposal of Plans) C-1 This Agreement , together with other documents enumerated in this ARTICLE 4, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract con- flicts with any provision of any other component part, the conflict shall be resolved by the Engineer whose decision shall be final. ARTICLE 5. Surety. The Surety on the Performance-Payment Bond shall be a surety company of financial resources satisfactory to the Owner and author- ized to do business in the State of Arkansas. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in five (5) original copies on the day and year first above written, ATTEST: (Contractor) By Title (Street) (City) - CITY OF LITTLE ROCK, ARKANSAS (Owner) By (Mayor) (Print or type the names underneath all signatures) C-2 SECTION 3. The City Manager and Director of Finance are hereby authorized to issue from time to time the necessary warrant or warrants in payment of the contract price for said work upon compliance by the contractor with all of the conditions requisite to payment of all progress payments and the final payment as called for in the bid documents. SECTION 4. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: October 3, 1966 c ...,w tom-*-J / 4TTEST: / APPROVED: City Clerk Mayor