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
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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
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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�
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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
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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
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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
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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
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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
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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
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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