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3462 RESOLUTION NO. 3,462 A RESOLUTION ACCEPTING THE BID OF DONALD KIRK PLASTERING COMPANY IN THE SUM OF NINE THOUSAND DOLLARS ($9,000.00) FOR CONSTRUCTION OF A WATER SIDE TRAIN TUNNEL FOR THE KIDDIE ZOO; AUTHORIZING A CONTRACT; AND FOR OTHER PURPOSES. WHEREAS, invitation to bid was duly advertised and bids received pursuant thereto in accordance with law for the construction of a waterside train tunnel for the Kiddie Zoo; and, WHEREAS, the bid of Donald Kirk Plaster Company was the lowest responsible and responsive bid; and, WHEREAS, it is the desire of the Board of Directors to accept the bid of Donald Kirk Plastering Company and to authorize a contract for performance of the work; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The bid of Donald Kirk Plastering Company in the sum of Nine Thousand Dollars ($9,000.00) for the con- struction of a waterside train tunnel for the Kiddie Zoo in War Memorial Park in accordance with the plans and specifications and other bidding instruments 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 Donald Kirk Plastering Company for the performance of the work, which contract shall be in form and substance as follows: COLT TACT =MSS this agreement made this __.._..d y of 'M=t+.c 1965 by and between the City of Little Moak, . called 01Q1&t and Donald Kirk plastering Company wafter called CONTRACTOR, Wherein the OWNSrt and CONTRACTOR, for the considerations hereafter set forth, agree as follows: utTICLID 1. -COP E OF WORK The all of CONTRACTOR f he work Shown on the drawings and designated in tha specifications entitled: Kiddie Zoo-Waterside Tunnel prepared bys Julius Breckling and Joe Garner and shall do everything required by this Contract, the General Conditions, special Conditions, drawings, specifications and other contract documents, if any. ARTICLN 014 MIS OF OGNPLrriou The prosecutions:of the work by CONTRACTOR shell be ovmmenoed within ___ .. dig's from issuance of a work order and the AMM Shall be ovmpleted within consecutive days thereafter. i iquidated e es shall be assessed against taw, CONTRACTOR at the rate per day for each day following the aft aaaid date of camplstion until the work 0 ..2- shall hate been completed. (If no sum is shown 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. AATICLS 3. CONTRACT SUM OWNZA shall pay to the CONTAACTOA for performance of the Contract, subL'act to proper additions and deductions according to the terms thereof, the following sum: Nine Thousand and No/100 Dollars ($9 ,000 . 00) Where the quantities originally contemplated are so changed that enforcement of the ontract sum upon either party shall tend to create an inequity or hardship, there shall be an equitable 44Justment of the Contract sum to prevent any such hardship. OW$U reserves the right to make changes in the quantities required hereunder and any such changes shall cause equitable adjustments of the Contract sum. ARTICL* 4. INTIRDI AND PROORi88 PADONT3 OWDTSet shall make progress payments to the CONTTAACTOA, of his assigns, as follows: i _3- AbtTICLS 5. AC.CI TANCB °ZJ) FINAL .).ADIANT Pinalimpyaant shall be due CXONTe4ACTO=d xxva days after completion of the work and acceptance thereof by the City Manager. Inspec- tion and final approval by the City Manager, or his authorised agents, shall be bade irsnediattly upon notice of completion by CONTRACTOR and final approval shall not be arbitrarily or unreasonably withheld. Before issLance of final payment the C)NTAACTt t shall submit evidence satisfactory to the City Manager that all laborers, :°°.aterria1rzen, subcontractors and other creditors have been paid or otherwise satisfied. In the event _of substantial oaapletion of the wore., thou;�h full completion be to porarily Lapossible du. to no fault of the C ONTAACTOR, the OWNER SHALL MAI.:B payment for the work actually performed, coi leted and accepted, and the contract shall not be terminated. AATICLB V. CONT..Li V.Ia DOCINBNTS The General Conditions of the Contract, Special Conditi eland, Specifications, bid proposal and this Contract constitute the Contract docixents and are a part of this Contract r as if attached hereto and set forth in the body hereof. The followin, by name constitute the Contract nocunentss 1 . Bid proposal dated , 1965 . 2 . Plans and specifications entitled Kiddie Zoo- Waterside Tunnel IN KITNASS WHBASOF the parties hereto have executed this Contract on the day and year aforesaid. CITY or LITTLB LOCK, Ati.r:ANSA3 (0 1&U BY Mayor ASTBST s City Clerk A2TBST s BY (Title) City Clerk -2- SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: December 6, 1965 ATTEST: 1 I APPROVED: City Clerk Mayor