3973 RESOLUTION NO. 3, 973
A RESOLUTION AWARDING A CONTRACT TO BRANTON
CONSTRUCTION COMPANY, INC. FOR THE CONSTRUCT-
ION OF AN EQUIPMENT SHED FOR THE SANITATION
DEPARTMENT; AND FOR OTHER PURPOSES.
WHEREAS, invitation to bid for the construction of
an equipment shed for use by the Sanitation Department has
been duly published and bids received pursuant thereto all in
accordance with law; and
WHEREAS, the lowest responsible and responsive bid
received was that of Branton Construction Company, Inc. in the
amount of Three Thousand Five Hundred Forty One and No/100
Dollars ($3,541 .00) which bid the City desires to accept and
award a contract based thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The bid of Branton Construction Company,
Inc. for the construction of an equipment shed for use by the
Sanitation jDepartment in keeping with plans and specifications
on file in the office of the Purchasing Agent is hereby accepted
and a contract for said work is hereby awarded to said bidder
for the price of Three Thousand Five Hundred Forty One and NO/100
Dollars ($3, 541 .00) and the Mayor and City Clerk are hereby
authorized and directed to execute for and on behalf of the City
a contract which 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 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;
3
ARTICLE 5 a 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 : 1 President - Partner - Proprietor)
Secretary
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SECTION 2 . Upon completion of the work provided for
by said contract authorized hereinabove, complying in all respects
with the plans, specifications and bid proposal for same on file
in the office of the Purchasing Agent, the City Manager and
Director of Finance are hereby authorized and directed to issue
the necessary warrant or warrants in payment of the purchase
price as provided for by said contract. Funds for said contract
price have heretofore been appropriated by Ordinance No. 11, 992,
dated November 29, 1967 .
SECTION 3. This Resolution shall be in full force
and effect from and after its adoption.
ADOPTED: May 6 , 1968
ATTEST: _ / APPROVED: , / /
City Clerk Mayor