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1347RESOLUTION NO. 1134 A RESOLUTION APPROVING AN AGREEMENT BETWEEN TON HARDING, AS ARCHITECT, AND THE UNITED STATES OF AMERICA AND AUTHORIZING THE ENDORSET.rENT OF SUCH APB =ROVAL THEREON. BE IT RESOLVED BY THE CITY COUT`CIL OF THE CITY OF LITTLE ROCK: SECTION 1. Thy,t the agreement between Tom Harding, as architect, and the United States of America a copy of which is herein- after set forth in full, be and the same is hereby in all reports apUroved: "ARCHITECT'S AGREEMENT DATED AS OF BETWEEN THE UNITED STATES OF AMERICA (HEREIN CALLED THE t'GOVERNMENT') AND TON HARDING OF THE CITY OF LITTLE ROCK, ARKANSAS (HEREIN CALLED THE TARCHITECTt). W I T N E S S E T H WHEREAS, the City of Little Rock, Pulaski County, Arkansas (herein c al led the t City t) and the Government have entered into an Agreement (herein called the tLeasing Agreement') dated as of March 14, 1935, under which the Government, subject to certain terms and condi- tions therein set forth, has agreed, pursuant to Title II of the National Industrial Recovery Act, to construct upon a certain tract of land known as the Little Rock Air Depot, Little Rock, Arka.nsas (herein called the (Building Sites) in accordance with the plans and specifications Dreoared in accordance with the wishes of the City but only if satisfactory to the Government, (all as set forth in the Leasing Agreement), a combination administrative building and airplane hangar with all necessary facilities, appurtenances and equipment (the construction ff said improvements, including the improvements themselves, being herein called. the tProject'), and WHEREAS, under the Leasing; Agreement it was agreed that the City, if requested by the Government, 'mould, or the Government, in its discretion might itself, cause to be prepared detailed drawings, plans and specifications b V so r'- , .»2. for the Project, and that the City would submit any such drarvrin^s, plans and s- pecifications orepared by it to the Federal Emergency Administrator of Public Works (herein e aL led the 'ADministratorl ) for his approval, and WHEREAS, to ena=ble the Government and the City to comply with the Leasing. Agreement it is necessary that an architect be selected to pre-care said detailed working drawings, plans and specifications for the Project, and that an estimate of total architect's fees for services required on said proposed construction be obtained, and WHEREAS, the City has requested and recommended that the Government employ the Architect to prepare said detailed working drawings, plans and specifications for the Project w5 to render other services in connection with the construction thereof, and ha.s designated and approved the Architect for such purposes and has approved the making of this Agreement; NOW, THEREFORE, the Government and the Architect agree as follows: The Architect agrees to perform for the above named work, Professional Services as hereinafter defined. The Government, subject to the terms and conditions and limitations herein set forth, agrees to pay to the Architect for such Professional Services a fee (herein called the rArchitect's Fee') of six per centum (6I) of the Cost of the Work as hereinafter defined. The parties hereto further agree to the following conditions: 1. Professional Services. The professional services of t he Architect (herein called the 'Professional Services') shall mean such services as are commonly required of an architect, including (but without limitation) the necessary conferences wherever held, the preparation and furnishing of preliminary studies, working drawings and specifications, and- one complete blue print set of r'. 6 • I'- . w c — large scale and full size detail drawings backed on linen, and five such sets on paper, drafting, trans - porte.tion, living expenses, telegrams, telephone costs, technical advice, supervision as provided in Article 5 hereof, and all general administrative and other expenses commonly called toverhea.d'', representing items of ex0ense of the Architect's office that cannot be apportioned in detail to this work, such as office rent, light, stenographer's services, postage, drafting materials, telephone and accounting, and business administration as required by the Government; all landscaping services and all engineering services, whether mechanical or structural or otherwise. 2. Extra Services and Special Cases. If t he Architect is caused extra, drafting or other expense due to changes ordered by the Government or due to the delinquency of the Government or as a. result of damage by fire to the Project during the construction thereof, he shall be paid for such extra expense and the services involved, such sums as the Administrator, in his absolute discretion, may deem equitable. In case of the abandonment or suspension of the «cork, or any part thereof, the Architect is to be paid in proportion to the services rendered on account of the work or such part or pa its thereof up to the t ime of the abandonment or suspension thereof, such sums as the Administrator, in his absolute discretion, may deem equitable, but the Architect shall not be paid any further sums thereafter. 3. Payments. Payments to the Architect on account of the Architect's Fee shall be made as follows: (a) Upon completion of the preliminary studies, submission to and approval by the Govern.- ment of sketch plans showing the tentative design and arrangement of the Project, and the outline description and detailed esti� -4-- mates of the construction cost thereof, a sum equal to twenty per centum (20%) of the Architect's Fee computed upon a reason- able estimated Cost of the Work, which estimated Cost of the Work shall in no event be such that the final cost of the Project (determined as provided in Section 4 of the Leasing Agreement) will exceed the sum of 468,000, therein specified; (b) Upon completion of specifications and general wrorkin/draw:ing's ( exclusive of full size details) a sum sufficient to increase -pay ment s to sixty per c entum (60,55) of the Architect's Fee arising Prom this Agreement computed uioon a. reasonable Cost of the Work estimated on such completed specifications and drawings, or if bids have been received, then computed upon the lowest bid or bids; (c) The remaining forty per centum (40%) of the Architect's Fee shall be paid from time to time in installments, each installment there- of to be in the same ratio to the total of said forty per centum (40 %) as each payment, made by the Government to the contractor em- ployed by the Government t o construct the project, bears to the total consideration set forth in his contract; provided, however, that no payment shall be made to the Architect until the work,- in respect of which payment is made shall have been approved by the Government and by the City. 4. SURVEY, BORING and TESTS. The Government wall, at its own expense, so far as the work under this Agreement may require, furnish to the Architect the following information: A complete and accurate survey of the I� ♦ i ti. r - —5— Building Site and adjoining; properties and the rights, restrictions, boundaries and contours of said Building Site, and full information as to nature of soil, location of sewer, water, gas and electrical services, etc. 5. Supervision of the Work. The Government will provide at its own expense a Project Engineer, who will, under the direction of the Director of the Inspection Division (P.W.A.), have entire charge of the Project, inspect and supervise the work of construction, give all necessary orders to contractors or their representatives, certify all vouchers for ,payments for construction work satisfactorily in place and keep the necessary records. The Architect, as and when requested in writing by the Project Engineer, will from time to time inspect the Project during the construction thereof, and will confer with and give interpretations to the Project Engineer in regard to the working dra%ings and specifications prepared pursuant hereto. Upon completion of construction the Architect will make a fihal inspection of the entire Project and will render to the Government a detailed report in writing as to his findings upon such inspection. 5. Preliminary Detailed Estimates. The Architect will furnish preliminary detailed estimated on the Cost of the 'Mork, but does not guarantee the accuracy of such estimated. 7. Definition of the Cost of Work. The Cost of the Work, as herein referred to, means the cost of .t `a -6- construction of the Project to the Government, but such cost shill not include interest during construction, any architect I s or engineer's fees, the comoensation paid to, or other expenses of the Project Engineer, legal, administrative or other overhead charges, or m sts of any land acquired. B. Ownership of Documents. Original Tracings, Draw- ings, specifications and all documents prepared by the Architect pursuant to this Agreement shall (except for two copies thereof prepared on paper to be retained by the Architect for his own use) be and become the oroperty of the Government upon the payment to the Architect of the second install- ment of the Architect's Fee as provided in Article 3 (b) hereof. 0. Successors and Assigns. This Architects's Contract shall inure to the benefit of and shall be binding upon the parties hereto and their res_;ective successors ,and assigns and the partners of the Architect; but neither party hereto shall assiF-; ,-n, sublet or transfer his interest in this Agreement without the consent of the other. 10. Interest of Members of Con gress. No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this Agreement, or to any benefit to arise therefrom. 11. Conditions Precedent to the Government's Obligations. This Agreement shall not become binding upon the Government, (a) Financial Condition and Budget. If in the judgment of the'Government, the financial condition of the City shall have changed unfavorably in a material degree from its condition as theretofore re-oresented to the 1 t � —7» Government, or the City shall have failed to balance its budjet satisfactorily or shall have failed to take action reasonably designed to bring the ordinary current ex;Ienditures of the City within the pru- dently estimated revenues thereof; or N Cost of Project. If the Government shall not be satisfied that the Project can be comrleted at a final cost (as such term is defined.in the Leasing Agreement) of not exceeding $ 68,000; or (c) Compliance. If the Government' shall not be satisfied that the City has complied with all the orovisions contained or referred to in the Leasing Agreement, theretofore to be comb, lied with by the City; or (d) LeEal Matters. If the Government shall not be satisfied as to all legal matters and proceedings affecting the Leasing Agreement, the City, the Project, and this Agreement; or (e) Aeprova.l of Plans and Specifications. If the drawings, plans and specifications prepared by the Architect hereunder shall not have been ap;:)roved by the Secretaby of War, the Administrator and the Aevonautical Division of the Department of Commerce of the Government; or (f) Representations. If any representation made by or on behalf of the City in the Leasing Agreement or in the Cityts application or in any supplement thereto or amendment thereof, or in any document submitted to the Government by the City shall be found by the Government to be incorrect or ti OF* R 210 incomplete in any material respect; or (g) Litigation. If any litigation or other yoro -» ceedings shall be instituted by or against the City .which might, in the judgment of the Government, adversely affect the City, the Le�-sing Agreement, the Project, or this Agreement. No waiver by the Government, ekpress or inrolied, of any such conditions shall constitute a waiver thereof as aplied to any subsequent obligation of the Architect or the City under this Agreement or the Leasing Agreement. I2. Approval by City. This Agreement shall not become binding or obligatory for any purpose until the approval endorsed hereon shall have been executed by the City. IN u1ITNESS WHEREOF, the parties hereto have respectivel_Y executed this Agreement as of the day and year first above written. 11 0 Approved: CIT'_-' OF LITTLE ROCK BY R. E. OVERRAN, MAYOR Docket No. 2001 UNITED STATES OF AMERICA BY Federal Emergency Adminis- trator of Public Works. TOM HARDING r *7- In —9_ SECTION II. That the Mayor of said City of Little Rock be and he is hereby authorized and directed on behalf of the City to endorse upon such contract the a_b:roval thereof by the C t . SECTION III. That the City Clerk ire and he is hereby authorized and directed forthwith to send to the Federal Emergency Administration of Public Works two certified copies of the -proceedings of the City Council in connection with the adobtion of this resolution, including the resolution itself, and such other documents of proof in connection with the endorse- ment upon such contract of the ap:roval thereof by the City as may qe required by said Federal Emergency Acministration of Public Works. Adopted: D cember ath, 1935 A_ooroved: Attest: City Clerk Mayor