3887 RESOLUTION NO. 3, 887
A RESOLUTION AWARDING A CONTRACT TO FAGAN AIR
CONDITIONING COMPANY, INC. FOR HEATING AND AIR
CONDITIONING IN THE BAIRD BUILDING AT 600 WEST
MARKHAM STREET; AND FOR OTHER PURPOSES.
WHEREAS , invitation to bid was duly advertised and bids
received pursuant thereto according to Addendum No. 1 to the
original specifications and invitation for installation of a
heat pump with necessary duct work and an air conditioning unit
with necessary duct work to be installed in the Baird Building
owned by the City of Little Rock at 600 West Markham Street;
and
WHEREAS , the lowest responsible and responsive bid for
Items A and B of Addendum No. 1 to said specification and in-
vitation to bid was that of Fagan Air Conditioning Company, Inc.
in the amount of Three Thousand One Hundred Thirty and No/100
($3,130.00) Dollars; and
WHEREAS, it is the desire of the Board of Directors to
award a contract to Fagan Air Conditioning Company, Inc. for
the performance of the work provided for in Items A and B of
Addendum No 1 providing for heating and air conditioning to the
Bain Building in accordance with plans, specifications and bid
proposal on file in the office of the Purchasing Agent, reserv-
ing the right to modify said work by appropriate change orders.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The bid of Fagan Air Conditioning Company, Inc.
in the amount of Three Thousand One Hundred Thirty and No/l00
($3, 130.00) Dollars for heating and air conditioning and
accompanying duct work in the Baird Building located at 600
West Markham Street as provided by Items A and B of Addendum
No. 1 to the specifications and in accordance with plans, specific-
ations and bid proposal is hereby accepted and the Mayor and City
Clerk are hereby authorized and directed to execute a contract
with said Fagan Air Conditioning Company, Inc. for said materials
and work which contract shall be in form and substance as
follows:
CON 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
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 .
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
SECTION 2. The contract hereinabove authorized may be
modified by appropriate change orders provided the total
expenditure does not exceed the contract price set forth above.
SECTION 3. The City Manager and Director of Finance are
hereby authorized and directed to issue the necessary warrant
or warrants for payment of the contract price herein provided
for upon completion of the work provided for in said contract
all in accordance with the terms and conditions of said contract.
Payment of the contract price shall be made from appropriations
heretofore made to the Traffic Account of the 1967 Budget of
the City of Little Rock.
SECTION 4. This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: November 20,j1967
ATTEST: 7 c•0,Bee._i„, / APPROVED:
City Clerk a or