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3427
f RESOLUTION NO. 3,427 A RESOLUTION ACCEPTING THE BID OF BEtBERG IRON WORKS FOR CONSTRUCTION OF AN AVIARY IN THE CITY OF LITTLE ROCK ZOO; AUTHORIZ- ING EXECUTION OF A CONTRACT FOR SAID WORK; AND FOR OTHER PURPOSES. WHEREAS, invitation to bid was duly advertised according to law and bids received pursuant thereto for the construction of an Aviary in the City of Little :ock Zoo according to certain plans and specifications; and, WHEREAS, Bemberg Iron Works was the lowest res- ponsible and responsive bidder in the sum of Eight Thou- sand Four Hundred Sixteen and 95/100 Dollars (45,416.95) ; and, WHEREAS, this Board of Directors desires to authorize a contract with Bemberg Iron Works for the construction of the aforesaid Aviary. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS : SECTION 1. The bid of Bemberg Iron Works in the sum of Eight Thousand Four Hundred Sixteen and 95/100 Dollars ($5,416.95) for the construction of an Aviary in the City of Little Rock Zoo according to the plans and specifications made a part of the bidding and on file in the office of the Department of Public Works and the office of the Department of Parks and .Recreation at City Hall, 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 with Bemberg Iron Works which shall be in form and substance as follows: Oth THE AMERICAN INSTITUTE OF ARCHITECTS AIA DOCUMENT A101 SEPT. 1963 ED. THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR WHERE THE BASIS OF PAYMENT IS A 0 a STIPULATED SUM O THIS FORM TO BE USED ONLY WITH THE LATEST EDITION OF E a AIA DOCUMENT A201, GENERAL CONDITIONS OF THE CONTRACT THIS AGREEMENT made this 21 day of October in the year Nineteen Hundred and Sixty Five B Y A N D B E T W E E N The City of Little Rock hereinafter called the Owner, and Bemberg Iron Works hereinafter called the Contractor, WITNESSETH, that the Owner and the Contractor 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: (Here insert the caption descriptive of the work as used on other contract documents.) The Construction of a Predatory Bird Aviary for the City of Little Rock, Ark. located at the Little Rock City Zoo P prepared by: > a Robinson and Wassell , Architects 300 Mart Build ,ng, Little Rock, Ark. 0 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. OWNER-CONTRACTOR AGREEMENT t, AIA DOC. A101 SEPT. 1963 ED. FOUR PAGES ©1963 The American Institute of Architects PAGE 1 1736 New York Ave NW.,Washington,D.C. ARTICLE 2. TIME OF COMPLETION The work to be performed under this Contract shall be commenced and completed as follows: (Here insert stipulation as to liquidated damages, if any.) 45 calendar days after signatures on this Contract. ARTICLE 3. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract, subject to additions and deduc- tions provided therein, in current funds as follows: (State here the lump sum amount, unit prices, or both, as desired.) Eight Thousand Four Hundred Sixteen and 95/100 Dollars ($8,416.95) This includes Sales or USE Tax in the amount of $245.15. Thi Lump Sum also includes Item #2 in Addendum #1, which omits the 14 ga. netting and substitutes 16 ga - 2" x 2" galvanized welded wire fabric for the roof covering on the cables only. Where the quantities originally contemplated are so changed that application 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. OWNER-CONTRACTOR AGREEMENT FOUR PAGES A(A DOC. A101 SEPT. 1963 ED. PAGE 2 ARTICLE 4. PROGRESS PAYMENTS The Owner shall make payments on account of the Contract as provided therein, as follows: On or about the 15 day of each month 90 per cent of the value, based on the Contract prices of labor and materials incorporated in the work and 90 per cent of materials suitably stored at the site thereof or at some other location agreed upon in writing by the parties up to the 1st 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 90 per cent of the Contract price. $8,416. 95 )insert here any provision made for limiting or reducing the amount retained after the work reaches a certain stage of completion.) ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due 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 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 con- ditions thereof, and that the entire balance found to be due the Contractor, 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 Contractor, and the Architect so certifies, the Owner shall, 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. OWNER-CONTRACTOR AGREEMENT FOUR PAGES AIA DOC. A101 SEPT. 1903 ED. PAGE 3 ARTICLE 6. THE CONTRACT DOCUMENTS The General Conditions of the Contract, the Supplementary General Conditions, 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: SPECIFICATION ENTITLED: The Construction of a Predatory Bird Aviary for The City of Little Rock, Ark. located at The Little Rook City Zoo PLANS ENTITLED: Sheet No. Description 1 Plana Sections and Site Plan 2 Details r IN WITNESS WHEREOF the parties hereto have executed this Agreement, the day and year first above written. Contractor Mayor City Cleric OWNER-CONTRACTOR AGREEMENT FOUR PAGES AIA DOC. A101 SEPT. 1963 ED. PAGE - 2 - SECTION 3. Upon completion of the work as called for in the plans, specifications and conditions, the City Manager and Director of Finance are authorized and directed to execute the necessary warrant or warrants in payment thereof. SECTION 4. This :Zesolution shall be in full force and effect from and after its adoption. ADOPTED: October 18, 1965 ATTES*%J , / APPAOVED�'4' City Clerk Mayor