3824 RESOLUTION NO. 3,824
A RESOLUTION ACCEPTING THE BID OF H. W. TUCKER
COMPANY IN THE AMOUNT OF $3,048.00 FOR FURNISH-
ING THE LABOR AND EQUIPMENT NECESSARY TO CONSTRUCT
A DOUBLE TENNIS COURT AT RESERVOIR PARK IN THE
CITY OF LITTLE ROCK; AUTHORIZING PAYMENT; AND FOR
OTHER PURPOSES.
WHEREAS, invitation to bid was published for the
furnishing of the labor and equipment necessary to construct
a double tennis court at Reservoir Park in the City of Little
Rock and bids were received pursuant thereto according to law; and
WHEREAS, the lowest responsible land responsive bid
was that of H. W. Tucker Company in the amount of Three Thousand
Forty-Eight and No/100ths Dollars ($3,048.00) ; and
WHEREAS, it is the desire of the Board of Directors
to accept the bid of said H. W. Tucker Company and authorize the
execution of a contract for such construction.
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
amount of Three Thousand Forty-Eight and No/100ths Dollars ($3,048.00)
for the labor and equipment to construct a double tennis court at
Reservoir Park in the City of Little Rock is hereby accepted and
the Mayor and City Clerk are hereby authorized and directed to
execute a contract for and on behalf of the City of Little Rock
to the said H. W. Tucker Company for the performance of the work
in full compliance with plans, specifications and bid proposal
on file in the office of the Purchasing Agent which contract
shall be in form and substance as follows:
I
0
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 :
i 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 .
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;
x
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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.
IN WITNESS WHEREOF the parties hereto have executed this Contract
on the day and year aforesaid.
Y OF Li LE Ry K, ARKA : S( 1iWNER)
ATTEST : Mayor
City Clerk (CONTRACTOR)
BY
ATTEST : (President - Partner - Proprietor
Secretary
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SECTION 2. The City Manager and Director of Finance
are hereby authorized and directed to pay the contract price
herein provided for in keeping with the terms and provisions
of said contract as and When said work is prosecuted in accor-
dance with plans, specifications and bid proposal. Said contract
funds has heretofore been appropriated to Parks Project No. 83.
SECTION 3. This Resolution shall be in full force
and effect from and after its adoption.
ADOPTED: August 21, 1967
AZTES7) ee. APPROVED::
4E1AL / /
C ty Clerk Mayor