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3739
RESOLUTION NO. 3,739 A RESOLUTION EMPLOYING AN ARCHITECT TO PREPARE THE PLANS AND SPECIFICATIONS AND SUPERVISE CONSTRUCTION OF A GOLF COURSE IN HINDMAN PARK; AND FOR OTHER PURPOSES . NOd, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS FOR THE CITY OF LITTLE ROCK, ARKANSAS : SECTION 1. Leon Howard, Inc. is hereby employed to prepare the plans and specifications and supervise construction of a golf course in Hindman Park pursuant to construction which is in form and substance as follows : I RW?h^, ,. -It i Y 1 THE STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF PULASKI THIS AGREEMENT made and entered into this day by and between the CITY OF LITTLE ROCK, a municipal corporation, hereinafter referred to as ''City", and LEON HOWARC , INC ., a corporation, hereinafter referred to as ''Architect '; WITNESSETH : WHEREAS, the City intends to construct an 18-hole Golf Course, in the City of Little Rock, County of Pulaski , Arkansas; and WHEREAS, the Architect is engaged in the business of designing golf courses; Now, Therefore, KNOW ALL MEN BY THESE PRESENTS: That in consideration of those premises and of the mutual covenants herein set forth for the construction of the above named improvement, the Parties herein agree as follows: I . That for the consideration hereinafter agreed to be paid by the City, Architect undertakes, covenants and agrees to do and perform, at his own cost and expense, all the work neces- sary to deliver to the City in completed form, plans and specifications for the construction of an t8 hole Golf course, in the City of Little Rock, Pulaski County, Arkansas, end to provide Architectural observation of said construction. The plans, drawings and specifications herein contemplated shall be s k i l l f u l l y drawn so as to accomplish the design and purpose in- - . ..1r, tended by said plans and specifications according to the true .... CT y `= -+ intent and contemplation of this contract. 2. • The Architect agrees to furnish and perform the various -l - lit: :fit:. i % ' • i • • I 1. professional services requir©d for the construction of the hereinabove named golf course as follows, to-wit: (a) A preliminary draft of said plans and specification for approval of the City; (b) Map of the entire course layout; (c) For the greens - detailed contour maps, drainage maps, water system plans and cross-section views; (d) For the tees - detailed contour mops, water system plans for men and ladies tees; (e) Hazard locations and detailed plans; • (f) Fairways - detailed contour maps, hazard locations, drainage maps, and water system plane; (g) A complete physical analysis of soils and specifications for mixtures for greens. This analysis will determine percentage of sand, silt and clay; porosity; permeability rates and bulk density; (h) Specifications for grass for greens and tees, including planting and care during establishment; ( I ) Cost estimate for materials and labor necessary for construction; (j) After said approval of the preliminary draft of said piens and specifications, the Architect shall prepare specifi - cations and final drawings showing maps, details and other information necessary in order to show fully the design, and to accomplish the purpose herein stated. (k) Included in the basic fee, the Architect will furnish to the City of Little Rock eight (8) visits to the City, the dates and times of these visits to be decided on by the City of Little Rock and the Architect; ( I ) The Architect will furnish complete plans and specifications for the sprinkler system. 3. The City agrees to prepare and furnish to Architect a topographical map of the area involved, said map being to scale 1 -inch equals 100 feet, with 2 foot contour intervals. • • 4 . When • said plans and specifications and drawings. have been • approved by the Park Board and by the City, Architect Shall deliver __ta the City thirty (30) copies of the specifications, 'and three (3) • bound sets of blueprints, and one ( l ) set of sepias, together with other necessary information, in order to show fully the design -2- • tt!! i' I 1 and to accomplish the purpose herein stated. 1 All said plans, specifications and drawings shall become the property of the City, and when submitted to City shall be complete in all particulars, so that City may adopt same for the purpose of receiving bids thereon in the manner provided by its Charter, or if It so desires, it may execute the improvements in any manner it may wish, consistent with the laws applicable thereto. 5. That upon completion and acceptance of said plans and specifi- cations, Architect shall assist in the tabulation of bids; and if a contract is awarded for said construction, Architect shall give his personal attention to the observation of said construction, end shall further do all things necessary in the contemplation of his employment to aid and assist the City in carrying out the contract. J. The City agrees to pay Architect for his services herein a ! ' fee of 8% of the estimated construction costs of said golf course, which is $ 187,500.00. Architect's fee, which shall not exceed FIFTEEN THOUSAND AND NO/IOU (515,000.00) DOLLARS, shall be paid as follows: (a) Upon acceptance by the City of the preliminary plans and ,a specifications for said golf course, City will pay to Architect 25% of the fee; (b) Upon acceptance by the City of the final working drawings and specifications in a form acceptable for the advertis- ing for bids, City will pay the Architect 50% of the fee; (c) City wi l l pay to the Architect the final 25% of the fee it upon final acceptance of the completed golf course from the Contractor. If, during the courses of construction of the said golf course the City is of the opinion that the full time resident service of 1 Architect is required, Architect shall receive as compensation for - such services the sure of ONE THO'IS.Nn FIVE f'ttNnrzEn AN!' 140/10O ($1 ,500.00) DOLLARS, per month, or ONE HUNDRED AND NO/100 ($100.00) DOLLARS per day for part-time services for additional work deemed -3- • necessary by the City, in excess of the 8 supervisory periods provided in subsection (k) of Section 2. of this agreement. I it is estimated that the construction costs of said golf course will not exceed $ 167,5U0.0u, and Architect will make every effort to make plans and specifications for said golf course, keeping the costs within said amount. In the event the City is not able to award a contract and proceed with the work after bids are taken for any reason whatso- x over, then the compensation paid to Architect under (a) and (b) above will represent the full compensation due Architect under this contract, and this contract will be deemed to have been terminated and Architect shall have no further claim against the City by reason thereof. 7. That Architect represents that he has no interest, financial or otherwise in the sale or purchase of any of the materials that will be required for the improvements covered herein. 8. It is understood and agreed that should the City elect to perform the work, or any portion thereof, for which detailed plans have been prepared without awarding a contract, than the same schedule of payments of the Architect's fee shall apply as under the contract above stated. 9. Architect agrees that the preliminary plans and specifications provided for under this contract shall be completed and delivered to City wl t%i n fifteen ( 15) days from the receipt by Architect of topographical map as provided for in Section 3: and that the final marking drawings and specifications in a form acceptable for the average advertising for bids shall be completed and delivered to the City within sixty (60) days from the approval of the , : t.";,..• :„, . ... • ,, _.... . _ . . ...... ! •• , . preliminary plans and specifications. 10. . . t . This contract shall be deemed personal to Architect and in no event shall the same be cubist or s2gned. H 1 . „.. 1 ' 11; This contract is entered into Subject to the Charter ! . 1 . provisions and Ordinance of the City of Little Rock, and applic- able State Law. ' • EXECUTED this the day of „A.D. , . 11' . the-City of Little Rock signing by and through its City Manager, c 1 ' . .. , • . ....., approved as to form by its City 1 Attorney, It....................MMOIMOIMMINI~MINMIIMIONIIII~MINY an d LEON HOWARD, signing , . for LEON HOWARD, INC. , thereby themselves, their successors and 4i:signs and representatives, for the faithful Perormance of the provisions of this contract, individually, jointly, and severally. . . . . . . . . . . • CITY OF LITTLE ROCK :! . • • , . ,, BY: • . . . • • . City Manager • •,: , - . . . . :. . . A • • . . . . • . ' : • . . • ' I . • I . ■ I ■ ■ , APPROVED AS TO IWO, . . :. ,. . :...• . . • . . . . . . , . , . . NOMIWOOSIONIMMINNINNIMIII!ilir."1"."Prilawl"1 "..... CiWY AttOrntlY „ , . .. • 1 - * • ! N. , : : • . . . . ,, ... ., . . .• •••: , • •I .. ._ ., , , , : •. • .. . ' : - . ' .., ;;' :- ' f . - • • , _ . , . . . . - ._.. . , . •'. ____ , • :•-,-- -- - . • 3 i . . . LEON HOWARD, INC., ARCHITECT . . --, . , . . , ,.: 1.- ,,• .. . . ..-:: . , 1 . •■■••■••■••=0.1■••••••■••••■11.1warNoniel■•••■■•••■■•■•••■•■••■• • -..., i ., . ... , ,A.,.. . .— . . . . . , . ” '.' • ' .,r; , IA 1' • .., :,, , . . -3- SECTION 2. The City Manager is hereby authorized to execute the above contract for and on behalf of the City of Little Rock. SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: March 6, 1967 ATTEST: �I APPROVED- City Clerk Mayor