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HomeMy WebLinkAbout3506 RESOLUTION NO. 3, 506 A RESOLUTION ACCEPTING THE BID OF NATIONAL FENCE COMPANY FOR A FENCE AND BACKSTOP IN THE SUM THREE THOUSAND THREE HUNDRED FIFTY TWO AND 35/100 DOLLARS ($3, 352.35) IN THE AIR PORT PACK; AUTHORIZING THE EXECUTION OF A CONTRACT THEREFOR; AND FOR OTHER PURPOSES. WHEREAS, invitation for bids for a fence and back- stop for a ball park in the Air Port Park has been legally published; and WHEREAS, bids have been received and opened pursuant to said advertisement; and WHEREAS, the bid of National Fence Company was the lowest, responsible and responsive bid therefor; and WHEREAS, the City of Little Rock desires to award the contract for the said fence and backstop to National Fence Company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE: ROCK, ARKANSAS: SECTION 1. The low bid of National Fence Company of Three Thousand Three Hundred Fifty Two and 35/100 Dollars ($3, 352.35) for the fence and backstop for the said ball park in the Air Port 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 with National Fence Company for the said project, which Agreement shall be in form and words as follows: C O N T R A C T WITNESS this agreement made this L2 day of_February, 1966 by and between the City of Little Rock, Arkansas, hereafter called owner and National Fence Company hereafter called CONTRACTOR , wherein the OWNER and CONTRACTOR, for the considerations hereafter set forth , agree as follows : To install fence and backstop at Airport Park . 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 : Installing fence and backstop at Airport Park prepared by : Department of Parks and Recreation 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 5 days from issuance of a work order and the work shall be completed within 45 consecutive days thereafter . Liquidated damages shall be assessed against the CONTRACTOR and deducted from final payment at the rate of $ 10 .00 per day for each day following 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 : $3, 352.35 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; None - 3 - ARTICLE 5 . ACCEPTANCE AND FINAL PAYMENT Final payment shall be due CONTRACTOR 10 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 National Fence Company (CONTRACTOR) BY ATTEST : (President - Partner - Proprietor Secretary r.. - 2 - SECTION 3. There is hereby authorized and approved the expenditure of Three Thousand Three Hundred Fifty Two and 35/100 Dollars ($3, 352.35) payable to National Fence Company for the said project, which sum has previously been appropriated by ordinance. 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 hereof pursuant to the Agreement authorized herein. SECTION 5. This resolution shall be in full force and effect from and after its adoption. ADOPTED: February 21, 1966 ATM 61 1% 0 APPROVE '6 City Clerk Mayor