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3892 ` r.. RESOLUTION NO. 3, 892 A RESOLUTION AWARDING A CONTRACT TO C.D. GORDON d/b/a GORDON CONSTRUCTION COMPANY FOR BLASTING OF STONE AND SHALE IN HIND- MAN PARK; AND FOR OTHER PURPOSES. WHEREAS , invitation to bid was duly advertised and bids received pursuant thereto for blasting of stone and shale on Fairway No. 9 and the practice area for the proposed golf course development at Hindman Park in compliance with plans and specifications all in accordance with law; and WHEREAS, the lowest responsible and responsive bid received was that of C.D. Gordon d/b/a Gordon Construction Company in the amount of Six Thousand Four Hundred and NO/100 Dollars ($6,400.00) ; and WHEREAS , it is the desire of the Board of Directors to accept the bid of said C.D. Gordon d/b/a Gordon Construction Company and authorize a contract for the prosecution of the work provided for in plans, 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 C.D. Gordon d/b/a Gordon Construct- ion Company in the amount of Six Thousand Four Hundred and NO/100 Dollars ($6,400.00) for blasting of stone and shale on Fairway No. 9 and the practice area on the proposed golf course at Hindman Park is hereby accepted and the Mayor and City Clerk are hereby authorized and directed to execute for and on behalf of the City of Little Rock a contract with said C.D. Gordon d/b/a Gordon Con- struction Company for the prosecution of the work in accordance with plans, specifications and bid proposal on file in the office of the Purchasing Agent. Said 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 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 Flowing the aforesaid date of completion until the work shall have been completed. ( If no sum is shown - 2 - 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; 3 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 -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 herein provided upon completion of the work all in accordance with terms, provisions and conditions of said contract. The expenditure provided for by this contract is to be charged to the project account heretofore established for Hindman Park for which adequate appropriations have hertofore been provided. SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: December 4, 1967 A(Ii / ATTEST` 2 4-;)eel J APPROVED: / City Clerk Mayor