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3804 RESOLUTION NO. 3, 804 A RESOLUTION AWARDING A CONTRACT FOR CLEARING AND GRUBBING APPROXIMIATELY 79 ACRES FOR THE GOLF COURSE IN HIND- MAN PARK; AUTHORIZING PAYMENT; AND FOR OTHER PURPOSES. WHEREAS, invitation to bid was published and bids received pursuant thereto for clearing and grubbing of approx- imately 79 acres of land in Hindman Park to be used as a golf course all in accordance with law; and WHEREAS , the lowest responsible and responsive bid received was that of Patton Brothers, Inc. in the amount of Two Hundred Ninety Four and No/100 Dollars ($294.00) per acre for a total of not to exceed Twenty Three Thousand Two Hundred Twenty Six and No/100 Dollars ($23, 226.00) ; and WHEREAS, it is the desire of the Board of Directors to accept the said bid of Patton Brothers, Inc. and to authorize a contract for the prosecution of the work provided for in the bidding specifications and bid proposal. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The bid of Patton Brothers, Inc. in the amount of Twenty Three Thousand Two Hundred Twenty Six and No/100 Dollars ($23, 226.00) for clearing and grubbing approximately 79 acres of land situated in Hindman Park and to be used as a golf course is hereby accepted and the Mayor and City Clerk are hereby authorized and directed to execute for and on behalf of the City a contract with said Patton Brothers, Inc. for the prosecution of the work in accordance with bidding specifications and bid pro- posal on file in the Department of Public Works and the Purchasing Agent of the City of Little Rock. Said contract shall be in form and substance as follows : CONTRACT THIS AGREEMENT made this 19th day of July , 19 67 , by and between City of Little Rock i Patton Brothers (a corporation organized and existing under the laws of the State of g rkan sas ) (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, herein- after called the "Owner." WITNESSETH, that the Contractor and the Owner for the considerations 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 CLEARING AND �iA/J //YGHindman Park Golf Course Construction including all Addenda thereto, numbered N/A dated and N/A dated as prepared by the Engineer. ARTICLE 2. The Contract Price. The Owner will pay the Contractor, because 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 paragraph 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 4 5 calendar days thereafter. 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 liquidated damages • ascertained and agreed, and not in the nature of a penalty, the amount speci- fied 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 e. Proposal b. Addenda f. General Conditions c. Notice to Contractors g. Special Conditions d. Instructions to Bidders h. Technical Specifications i. Drawings (as listed in the List of Plans) C-1 t oo 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 conflicts 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: Patton Brothers, Inc. (Contrac r) By `� T • Street City City of Little Rock, Arkansas `y J AI I 41/14 I 14101rA Br' City Clerk -yor (Print or type the names underneath all signatures) C-2 M ., ' ._ �Y fi:`,.TIC Z• -2- SECTION 2. The City Manager and Director of Finance are hereby authorized and directed to issue the necessary warrant or warrants in payment of the contract price hereinabove provided upon completion of the work all in accordance with. terms, provisions and conditions set forth in said contract. The consideration of this contract is to be charged to the pro- ject account heretofore established for Hindman Park for which adequate appropriations have heretofore been provided. SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: July 17, 1967 / // ATTEST:`- pezul.a: ' g APPROVED:/ / II • / City Clerk ..yor