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119031�1 ORDINANCE NO. 11,903 AN ORDINANCE AWARDING A CONTRACT TO BEMBERG IRON WORKS FOR 40 STEEL DOORS TO BE USED AT THE FOX AND WOLF DENS AT THE LITTLE ROCK MUNICIPAL ZOO; APPROPRIATING THE SUM OF $62000.00 FROM THE 1965 IMPROVEMENT CON- STRUCTION FUND - PARKS TO PROJECT 92 - COM- PLETION OF ZOO IMPROVEMENTS; AND FOR OTHER PURPOSES. WHEREAS, invitation to bid was duly advertised and bids received pursuant thereto for the fabrication of 40 steel doors for use at the Fox and Wolf dens at the Little Rock Municipal Zoo in accordance with law; and WHEREAS, the lowest responsible and responsive bid received was that of Bemberg Iron Works in the amount of Two Thousand Six Hundred Seventy Six and 88/100 Dollars ($2,676.88); and WHEREAS, it is the desire of the Board of Directors to award a contract to the said Bemberg Iron Works for the performance of the work in accordance with plans, specifications and bid proposal. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The bid of Bemberg Iron Works in the amount of Two Thousand Six Hundred Seventy Six and 88/100 Dollars ($2,676.88) for the fabrication of 40 steel doors for the Fox and Wolf dens in the Little Rock Municipal Zoo in accordance with plans, specifications and bid proposal is hereby accepted and a contract is hereby authorized between the City and the said Bemberg Iron Works to be executed by the Mayor and City Clerk for said work which contract shall be in form and sub- stance as follows: cc© -S-L A_a lb I 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 ft 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: 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; .4 - 3 - ARTICLE 5. 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: (President - Partner - Proprietor Secretary -2- SECTION 2. There is hereby appropriated from the 1965 Improvement Construction Fund - Parks to Project 92 - Completion of Zoo Improvements the sum of Six Thousand and No /100 Dollars ($6,000.00). SECTION 3. The City Manager and Director of Finance are hereby authorized and directed to issue the necessary warrant or warrants for payment of the contract price herein provided for upon completion of the work set forth in said contract all in accordance with the terms and conditions thereof. SECTION 4. This Ordinance shall be in full force and effect from and after its passage. PASSED: June 5, 1967 ATTEST: ROVED: / ty er Mayor