3646 RESOLUTION NO. 3,646
A RESOLUTION ACCEPTING THE BID OF H.W. TUCKER
COMPANY IN THE SUM OF $4, 189. 52 FOR MAKING
CERTAIN IMPROVEMENTS IN THE GUM SPRINGS PARK;
AUTHORIZING PAYMENT, THEREFOR; AND FOR OTHER
PURPOSES.
WHEREAS, invitation to bid was duly advertised and bids
received pursuant thereto for a concrete slab and 2,500 feet
of curb and gutter for Gum Springs Park conditioned that the
City of Little Rock furnish the materials for said improvements;
and
WHEREAS, the lowest responsible and responsive bid was
that of H.W. Tucker Company in the amount of $4,189.52; and
WHEREAS, it is the desire of the Board of Directors of
the City of Little Rock to accept the bid of H.W. Tucker Company
and to authorize a contract for the performance of said work.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The bid of H.W. Tucker Company in the sum of
$4,189. 52 for certain improvements in the Gum Springs Park in
accordance with plans, specifications and other bid documents
prepared by the City of Little Rock and on file in the office
of the Purchasing Agent of said City is hereby accepted and
approved.
SECTION 2. The Mayor and City Clerk are hereby authorized
and directed to execute for and in behalf of the City a contract
with H.W. Tucker Company which contract shall be in form and
substance as follows:
C O N T R A C T
WITNESS this agreement made this day of
196_by and between the City of Little Rock, Arkansas, hereafter
called owner and
hereafter called CONTRACTOR, wherein the OWNER and CONTRACTOR,
for the considerations hereafter set forth , agree as follows :
ARTICLE I . SCOPE OF WORK
The CONTRACTOR shall furnish all of the materials and perform
all of the work shown on the drawings and designated in the
specifications entitled :
prepared by :
and shall do everything required by this Contract, the General
Conditions, Special Conditions, drawings, specifications and
other contract documents, if any .
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ARTICLE 2. TIME OF COMPLETION
The prosecution of the work by CONTRACTOR shall be commenced
within days from issuance of a work order and the work
shall be completed within consecutive days thereafter .
Liquidated damages shall be assessed against the CONTRACTOR
and deducted from final payment at the rate of $
per day for each day following the aforesaid date of completion
until the work shall have been completed. ( If no sum is shown
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in this paragraph, there shall be no liquidated damages
applicable to work) . The amount of liquidated damages is
acknowledged by both parties as reasonable and is not in the
nature of a penalty .
ARTICLE 3 . CONTRACT SUM
OWNER shall pay to the CONTRACTOR for performance of the
Contract , subject to proper additions and deductions according
to the terms thereof, the following sum :
Where the quantities originally contemplated are so changed
that enforcement of the Contract sum upon either party shall
tend to create an inequity or hardship, there shall be an
equitable adjustment of the Contract sum to prevent any such
hardship . OWNER reserves the right to make changes in the
quantities required hereunder and any such changes shall
cause equitable adjustments of the Contract sum .
ARTICLE 4 . INTERIM AND PROGRESS PAYMENTS
OWNER shall make progress payments to the CONTRACTOR , or his
assigns, as follows;
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ARTICLE 5 . ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due CONTRACTOR days after completion
of the work and acceptance thereof by the City Manager, Inspec-
tion and final approval by the City Manager, or his authorized
agents, shall be made immediately upon notice of completion by
CONTRACTOR and final approval shall not be arbitrarily or
unreasonably withheld .
Before issuance of final payment the CONTRACTOR shall submit
evidence satisfactory to the City Manager that all laborers,
materialmen, subcontractors and other creditors have been paid
or otherwise satisfied.
In the event of substantial completion of the work, though full
completion be temporarily impossible due to no fault of the
CONTRACTOR, the OWNER shall make payment for the work actually
performed, completed and accepted, and the contract shall not
be terminated.
ARTICLE 6 . CONTRACT DOCUMENTS
The General Conditions of the Contract, Special Conditions,
Plans, Specifications, bid proposal and this Contract shall
constitute the Contract Documents and are a part of this Contract
as if attached hereto and set forth in the body hereof. The
following by name constitute the Contract Documents .
I
IN WITNESS WHEREOF the parties hereto have executed this Contract
on the day and year aforesaid .
CITY OF LITTLE ROCK, ARKANSAS ( OWNER)
BY
ATTEST : Mayor
City Clerk (CONTRACTOR)
BY
ATTEST : (President - Partner - Proprietor
Secretary
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SECTION 3. The City Manager and Director of Finance
are hereby authorized and directed to pay all approved estimates
during and after completion of the work in accordance with the
terms of the contract described in Section 2, hereof.
SECTION 4. This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: October 17, 1966
ATTEST: J /�Ge4 t s:`ROVED: •�.
City Clerk Mayor