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Home My WebLink About3199 RESOLUTION NO. 3,199 A RESOLUTION AWARDING A CONTRACT TO MATSON, INC. , FOR THE CONSTRUCTION OF ST_RICELAND TRANSPORTATION COMPANY TERMINAL FACILITIES ; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT IN BEHALF OF THE CITY OF LITTLE ROCK FOR SUCH PURPOSES; AND FOR OTHER PURPOSES. WHEREAS, Invitation for Bids for the Construction of Terminal Facilities for Strickland Transportation Company, Inc. , were legally published, and bids were received pursuant thereto; and, WHEREAS, the lowest responsible and responsive bid received was the bid of Matson , Inc. ; and, WHEREAS, it is the desire of the Board of Directors to award a contract on said bid to Matson , Inc. ; and, WHEREAS, the concurrence of Strickland Transportation Company, Inc. , has been given to the awarding of the bid to Matson , Inc. ; NOW, THEREFO?.E, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The bid of Matson, Inc. , in the sum of Nine Hundred Fifty-Eight Thousand Nine Hundred Forty-Five and No/10C Dollars ($958,945 .00) , based upon the specifications and plans issued for Strickland Transportation Company, Inc. , Terminal, Little Rock, Arkansas, is hereby accepted. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute for and in behalf of the City of Little Rock a contract for the construction of the aforesaid project, which contract shall be in form and words as follows : CONTRACT AGREEMENT THIS AGREEMENT August made this day of Exkc, in the year Nineteen Hundred and Sixtyfour, BY AND BETWEEN the City of Little Rock, Arkansas, hereinafter called the Owner, and Matson , Inc. , hereinafter called the Contractor, WITNESSETH, that the Owner and the Contractor for the considerations herein- after 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: Strickland Transportation Company, Inc. , Terminal, Little Rock, Arkansas. prepared by: R. S. Smith for Strickland Transportation Company, Inc. acting as and in these Contract Documents entitled the Architect ; and shall co everything required by this Agreement , the General Conditions of the Contract, the Specifications and the Drawings. ARTICLE 2. TIME OF CUMPLETIGN The work to be performed under this Contract shall be commenced and completed as follows: Work will commence as directed in Section 2, Special Conditions of the Contract, paragraph 20, starting 1 of 4 i CONTACT AG tI EMENT (Continued) date and will be completed within one hundred twenty (120) working days from commencement. In the event the work shall remain incomplete beyond said one hundred twenty (120) days, Contractor shall forfeit its rights to the contract sum to the extent of two hundred dollars ($200.00) per day for such number of days the work shall be incomplete beyond the above determinable time of com- pletion. The sum so forfeited and withheld by Owner from the final payment to Contractor hereunder shall be in the nature of liquidated damages and the sum of two hundred dollars ($200.00) per day is acknowledged to be reason- able and commensurate with actual damages suffered by Owner and Owner ' s Lessee in the event of delay in comple- tion of the work. AZTICLE 3. THE CONT.LACT SUM The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deductions provided therein, in current funds as follows : PART 1 441, 100.00 PA..T 2 $425 , 200.00 PA ZT 3 4 213, 200.00 PA&T 4 $333, 245 .00 *Addition or decrease for alternates 453, 500.00 Total Contract sum 4956, 945 .00 *Alternate bid adjustments affecting the above contract sum are: ALTS uNATC 7E1 Deduct 445, 300.00 ALT;:,_;NATE ;r2 Add - -- ALTE: NAh 43 Leduct - -- ALTE.:NATE if4 Deduct 4 6,500.00 Where the quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work per- formed 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. 2 of 4 s a r • CONTACT AGREEMENT (Continued) ARTICLE 4. P°.OG_IUSS PAYMENTS The Owner shall make payments on account of the Contract as provided therein, as follows : On or about the Sixth (6th) day of each month, ninety (90) per cent of the value, based on the Contract prices of labor anu materials incorporated in the work and ninety (90) per cent of materials suitable stored at the site thereof or at some other location agreed upon in writing by the parties up to the first (1st) day of that month, as estimated by the Architect, less the aggregate of previous payments ; and upon Substantial .;ompletion of the entire work, a sum sufficient to increase the total pay- ments to ninety (90) per cent of the Contract price. For purposes of this Article and article 5 (below) , Owner ' s Lessee, Strickland Trans ..ortation Company, Inc. shall be consulted regarding approval of estimates and payments and Owner shall consider the judgment of said Lessee , acting through its qualified agents, in approving, disapproving or correcting estimates submitted for payment from time to time. The judgment of Lessee con- cerning such matters shall be given great weight by owner, shall be observed unless unreasonable and shall be taken into consideration together with the findings of Architect or Engineer. ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due thirty ( 30) 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 inspection and acceptance, the Architect shall promptly make such inspection, and when he finds the work acceptable under the Contract and the dontract 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 be due the .;ontractor, and noted in said final certificate, is due and payable. Before issuance of final payment the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills, and other indebtedness connected with the work have been paid or otherwise satisfied. If after the work has been Substantially Completed, full completion thereof is materially delayed through no fault of the 3 of 4 ® • CUNT:ACT AG :EEMENT (Continued) Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect, ano without terminating the :ontract, 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 . A.ZTI CL E 6. THE CON IV,ACT DUCUMENTS The General Conditions of the 'ontract, the Supplementary General ;;onditions , 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. There follows an enumeration of the contract Documents : The Specifications (Sections 1 through 24) The Plans (Drawings 1 through 27) IN WITNESS WHEREOF the parties hereto have executed this Agreement, the aay and year first above written. OWNE:Z, City of Little :ock, Arkansas CONT&.ACTOR Matson, Inc. By By Byron Morse, l'iayor President Attest : Attest: Pauline Beeson, City Clerk Secretary 4 of 4 4 . . -2- SECTION 3. The City Manager and Director of Finance, upon receipt by the City of Little lock of the bald funds to be used in payment of the aforesaid contract, shall pay out from time to time such sums as may be necessary by -;arrant of the City of Little _pock in payment of the progress payments and final pay- ment, following approval of the architect and other authorized persons as provided in the contract documents. S CTI CN 4. This :_tesolution shall be in full force and effect from and after its adoption. ADO PT ::D: August 3, 1964 ATTEST:% QLL APPROVED ?A(le I0 (01 ? City Clerk Ass ayor l J