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HomeMy WebLinkAbout2412 • i }x RESOLUTION N0 . 2412 A RESOLUTION ACCEPTING THE LOW BID OF JAMES H. CONE, INC. IN THE AMOUNT OF FORTY ONE THOUSAND NINETY THREE AND 75/100 DOLLARS ($41,093.75) FOR THE CONSTRUCTION OF EIGHT TENNIS COURTS, SIX TO BE CONSTRUCTED AT WAR MEMORIAL PARK AND TWO AT MacARTHUR PARK; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO AND EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF LITTLE ROCK, WITH THE SAID JAMES H. CONE, INC. , FOR THE SAID CONSTRUCTION; AUTHORIZING AND APPROVING THE EXPENDITURE OF THE AFORESAID MONEY PAYABLE FROM THE PARK AND AIRPORT CONSTRUCTION FUND, WHICH SUM HAS PREVIOUSLY BEEN APPROPRIATED BY ORDINANCE NO. 10,921 OF THE CITY OF LITTLE ROCK, ARKANSAS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND DIRECTOR OF FINANCE TO EXECUTE THE NECESSARY WARRANTS THEREFOR; AND FOR OTHER PURPOSES . WHEREAS , invitation for bids for the construction of eight tennis courts in the City of Little Rock has been legally published; and WHEREAS , bids have been received and opened pursuant to said advertise- ment; and WHEREAS, the bid of James H. Cone, Inc . is the lowest bid submitted therefor; and WHEREAS , the City of Little Rock desires to award the contract for the said construction to said James H. Cone, Inc. ; and WHEREAS , the City by Ordinance No. 10,921 has appropriated certain sums of money from the 1958 Bond Construction Funds for this project ; and WHEREAS , the Board of Directors of the City of Little Rock desires to authorize the expenditure of Forty One Thousand Ninety Three and 75/100 Dollars ($41,093 .75) from the Park and Airport Construction Fund previously appropriated; NOW THEREFORE , BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The low bid of James H. Cone, Inc. , in the amount of Forty One Thousand Ninety Three and 75/100 Dollars ($41,093 .75) for the construc- tion of eight tennis courts, six to be constructed at War Memorial Park and two at MacArthur Park, is hereby accepted. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to enter into and execute an Agreement on behalf of the City of Little Rock, Arkansas, with James H. Cone, Inc. , for the said construction, which Agreement shall be in form and words as follows : A G R E E M E N T September THIS AGREEMENT made the _ day of Irelmmt in the year Nine- teen Hundred and Fifty Nine by and between JAMES H. CONE, INCORPORATED, Contractor, Little Rock, Arkansas, hereinafter called the Contractor, and CITY OF LITTLE ROCK, ARKANSAS, acting by and through its Mayor and City Clerk, pursuant to provisions of Resolution No. , hereinafter called the Owner, WITNESSETH, that the Contractor and the Owner for the considerations hereinafter named agree as follows: ARTICLE 1. SCOPE OF THE WORK--The Contractor shall furnish all of the materials and perform all of the work shown on the Drawings and described in the Specifications entitled Tennis Courts for City of Little Rock, Little Rock, Arkansas, prepared by Stowers and Boyce, Architects, Little Rock, acting as and in these Contract Documents entitled the Architect; and shall do everything required by this Agreement, the General Conditions of the Contract, the Specifications and the Drawings. ARTICLE 2. TIME OF COMPLETION--The work to be performed under this Contract shall be commenced within ten days and shall be substantially completed within a period of sixty (60) calendar days from date of com- mencement except for such extensions of time as may be granted under Article 18 of the General Conditions. ARTICLE 3 . THE CONTRACT SUM--The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions pro- vided therein, in current funds as follows : Forty One Thousand Ninety Three and 75/100 Dollars ($41,093.75) . Base Bid-War Memorial Park Courts $30,591 .00 Alt. #3-MacArthur Park Courts $10)502.75 Amount of Contract $41,093 .75 Where the quantities originally contemplated are so changed that appli- cation of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of the Contract to prevent such hardship. • ARTICLE 4. PROGRESS PAYMENTS--The Owner shall make payments on account of the Contract as provided therein , as follows : On or about the Tenth day of each month ninety per cent (90%) of the value , based on the Contract prices of labor and materials incorporated in the work and of materials suitably stored at the site thereof up to the First day of that month, as estimated by the Architect, less the aggregate of previous payments ; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to 100 per cent of the Contract price less ten per cent retained. ARrICLE 5 . ACCEPTANCE AND FINAL PAYMENT--Final payment shall be due fifteen days after substantial completion of the work provided the work be then fully completed and the contract fully performed. Upon receipt of written notice that the work is ready for final in- spection and acceptance, the Architect shall promptly make such inspection , and when he finds the work acceptable under the Contract and the Contract fully performed he shall promptly issue a final certificate, over his own signature, stating that the work provided for in this Contract has been completed and is accepted by him under the terms and conditions thereof, and that the entire balance found to he due the Contractor, and noted in said final certificate , is due and payable. Before issuance of final certificate the Contractor shall submit evi- dence satisfactory to the Architect that all payrolls , material bills , and other indebtedness connected with the work nave been paid. If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Architect so certifies , the Owner snail, upon certificate of the Architect , and without terminating the Contract , make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment , except that it shall not constitute a waiver of claims . ARTICLE 6. THE CONTRACT DOCUMENTS—The General Conditions of the Con- tract , the Specifications and the Drawings, together with this Agreement , form the contract , and they are as fully a part of the Contract as if hereto attached or herein repeated. The following is an enumeration of the Specifications and Drawings: Sections 1 to 14 inclusive Addendum No. 1 . - Dated July 17 , 1959 Changes to the Specifications, Item 1 & 2, inclusive Changes to the Drawings , Item 1 . Addendum No. 2 - Dated July 20, 1959 Changes to the Specifications, Item 1. Changes to the Drawings, Item 1 . Drawings No. 1 thru 7 inclusive Dated April 27 , 1959 Revised August 15 , 1959 . IN WITNESS WHEREOF the parties hereto have executed this Agreement , the day and year first above written . JAMES H. CONE, INC , General Contractor BY CITY OF LITTLE ROCK, ARKANSAS BY Mayor BY City Clerk • SECTION 3 . There is hereby authorized and approved the expenditure • of the sum of Forty One Thousand Ninety Three and 75/100 Dollars ($41,093 .75) from the Park and Airport Construction Fund, Project 14, payable to James H. Cone, Inc. , for the construction of the aforesaid eight tennis courts, which sum has previously been appropriated by Ordinance No . 10,921 of the City of Little Rock. SECTION 4. The City Manager and Director of Finance are hereby authorized and directed to execute the necessary warrant or warrants in payment of moneys approved in Section 3 herein . SECTION 5 . This resolution shall be in full force and effect from and after its adoption. ADOPTED: September 8, 1959 ATTEST: APPROVED: /*/ lerk ,