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HomeMy WebLinkAbout5950 RESOLUTION NO 5,950 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WITTENBERG, DELONY AND DAVIDSON, ARCHITECTS, FOR PROFESSIONAL DESIGN SERVICES IN CONNECTION WITH THE LITTLE ROCK RIVERFRONT PROJECT: AND FOR OTHER PURPOSES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS . SECTION 1 . The City Manager is hereby authorized to enter into a contract with Wittenberg, Delony & Davidson, Architects , for professional design services in connection with development of the Little Rock Riverfront Project . A copy of said contract is attached to this Resolution as Exhibit "A" and made a part hereof as though set out herein word for word. SECTION 2 . This Resolution shall be in full force and effect from and after its adoption . ADOPTED: June 6, 1978 ATTEST.` -e APPROVED:' ay' or Argo . .. ' Xfll5.IT A CITY RIVERFRONT May 12, 1978 Mayor Don Mehlburger and the Board of Directors of the City of Little Rock The following statements represent a proposal to the City of Little Rock: 1 . Introduction We believe that the time is appropriate for the City of Little Rock to take action to begin the process of an urban design plan for the Riverfront and its downtown adjacent areas. The following Is a proposal for a portion or the Riverfront designated bond funds to he assigned to an initial organizing ef. or , the primary purpose being the production of a step by step process to coordinate an urban design and development plan. 2. Issues The following statements summerize what we feel are the principle issues of this initial step process: - money has been allocated by the City of Little Rock thru its bond issue for Riverfront planning and development - Key private and public developments in the downtown area are occuring and can be utilized to reinforce the riverfront's importance to the downtown area - the riverfront area of downtown should be the pedestrian open space are for the densely populated urban core area - thru a coordinated effort, monies already allocated can be used to matcl federal funds for capital improvements - The Little Rock City Planning staff's priorities and work load are such that a coordinated auxiliary planning effort is needed from community planners to insure that this need and impetus not be lost. .III 4 JIM Jim Ali ita CITY RIVERFRONT 3. Organization Plan To address these issues and to take full advantage of this opportunity for Little Rock, the Board should act now by structuring and coordinating private and public investment decision making. While this proposed first step will concentrate on the development of the waterfront as its primary objective and organizing element, it will have as its sphere of concern significant elements of the Central Business District and deal with such questions as: How should the waterfront bond money be spent to; - get the most from the city's investment, - encourage maximum coordination with downtown development, and - strengthen the river's relationship and value to the city? How can the bond money be best matched with Federal funds? How does the bond money, as a first step, relate to a longer range plan for downtown capital improvement and for a comprehensive Little Rock waterfront park? Should private investment be allowed along the waterfront and, if so, how can it be encouraged? controlled? How should the city government respond to develop; - citizen participation - adequate staff capabilities - needed ordinances? What are the major design issues, such asL - pedestrian access from metrocentre, convention facilities, - important conceptual elements of a waterfront park, such as "La Petit Roche" to encourage use, - traffic and parking, and - scope and cost? How can a more desirable land use pattern be developed downtown through] - proper location of anticipated public facilities, and - recognition of urban design issues? 1111 ' •' # .` CI TY RIVERFRONT What is the most efficient implementation process? The purpose of the organization plan is to investigate and answer these and other related questions and to conclude with specific recommendations to the City on how to best proceed into implementation. 4. Team We submit that the group signing this letter-proposal can provide the necessary planning input to the city to create this organization process, and who will be the core management and design team. For special expertise, other persons germatne to the process will be consulted. For example, we feel that it is essential to include: Nathaniel Griffin - City Planning Director, City of Little Rock Bob Joblin -Director of Little Rock Unlimited Progress Both persons are involved thru their everyday work with the project areas and can provide valuable inkind technical assistance. Other persons within the community as well as outside will be consulted appropriate to the particular study phase and budget. 5. Schedule and Costs We are prepared to begin work immediately upon acceptance of this proposa and complete the study with specific recommendations to the Board of Directors by September 30, 1978. The estimated fee is $30,000 including all expenses. Fees can he assigned to areas of work generally as follows: 1. Waterfront concept plan 35% 2. Waterfront/CBD land use recommendation 20% 3. Implementation and program recommendations 25% 4 . Funding strategy 20% 100% Board Action We request that the Board authorize $10,000 to match $20,000 available fr the Arkansas Department of Local Services as a planning expenditure to carry out this first phase. Sincerely, Ikon Evans, Tom Hodges, George Wittenberg r THE AMERICAN INSTITUTE OF ARCHITECTS V 0 z r $t l AM Document B727 Standard Form of Agreement Between Owner and Architect For Special Services THIS DOCUMENT IS FOR USE WHEN OTHER B-SERIES DOCUMENTS DO NOT APPLY THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN Al TORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION . AGREEMENT made this 31st day of May in the year of Nineteen Fiundred and Seventy-Eight, BETWEEN the Owner CITY OF LITTLE ROCK, ARKANSAS, and the Architect WITTENBERG, DELONY & DAVIDSON, INC. , Little Rock., Arkansas, associated with Witsell & Evans and Hodges, Vines, Fox, Castin and Associates, It is the intention of the Owner to obtain professional design services for the Little Rock Urban Riverfront Project, "City Riverfront", i i hereinafter referred to as the Project. 4 The Owner and the Architect agree as set forth below. MA DOCUMENT 8727 • SPECIAL SERVICES AGREEMENT • OCTOBER 1972 EDITION • AIAO • ©1972 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVE., N.W.,WASHINGTON, D.C. NX)O( 1 • I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terms and Conditions of this Agreement. II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows: a. FOR THE ARCHITECT'S SERVICES, as described in Paragraphs 1.1, compensation computed on one of the following bases: 1. A Fixed Sum in the amount of Thirty Thousand and no/100 dollars ($30,000.00). -2--h'4u1ti pit-of-eireet-Person"el-as-fel+over. P ineipek'-time-et the-fixee1-rote-ef- ciollers-($ 4per -beeer-few ilre-petrpo,es ehthi9-Agreement;-414ePrineipek�lre -Er npioyees-tirne•ete-rnnkiple-ef- (- htme, .be..ernp.kay‘eas:-D is4K.4-P-ersonae t-Expeaba•as-61 efer-41-Ar4 is �e wicel o+prefe9siona1•eern+.11tar,ts-et e•n+ iple-ef- F ti rrn�- 4l+e-am a ertt-bi Red-to-141e For-sd elr eere icer. The rates and multiples set forth in this Paragraph IIa(2) will be subject to renegotiation if the services covered by this Agreement have not been completed within four ( 4 ) months of the date hereof. 3.-therefle le-any-ether-method-of-eei er+'seHer+4e1eetee}.} b. AN INITIAL PAYMENT of No dollars (S 4 shall he made upon the execution of this Agreement and credited to the Owner's account. c. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article 4. d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT shall be as described in Article 5. AIA DOCUMtNT 8727• SPECIAL SERVICES AGREEMENT • OCTOBER 1972 EDITION • AIA® • ©1972 • THE AMERICAN INSTITUTE OF ARCHITECTS,17 I i NEW YORK AVE_, N.W., WASIIINGTON, D.C. 20006 2 • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to be provided by the Architect under the terms and conditions of this Agreement. Note under each service listed the method and means of compensation to be used if applicable.) 1. The general allocation of basic services between Wittenberg, Delony & Davidson, Inc. , and the associated firms will be as follows: Wittenberg, Delony & Davidson, Inc. - administrative and design review Witsell & Evans - design and production Hodges, Vines, Fox, Castin and Associates - production and design review. 2. Services to be performed will follow the basic outline submitted as a proposal, and attached hereto as Exhibit A. AIA DOCUMENT 8727• SPECIAL SERVICES AGREEMENT • OCTOBER 1972 EDITION • MA® • 131972 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 3 r • ARTICLE 2 ARTICLE 5 THE OWNER'S RESPONSIBILITIES PAYMENTS TO THE ARCHITECT 2.1 The Owner shall provide full information regarding 5.1 Payments on account of the Architect's Services his requirements for the Project. and for Reimbursable Expenses as defined in Article 4 shall be made monthly upon presentation of the Archi- 2.2 The Owner shall designate, when necessary, a rep- tect's statement of services rendered or as hereinbefore resentative authorized to act in his behalf with respect to provided. the Project. The Owner or his representative shall exam- ine submissions made by the Architect and shall render 5.2 An initial payment as set forth in Paragraph IIb decisions pertaining thereto promptly, to avoid unreason- (Page 2) is the minimum payment under this Agreement. able delay in the progress of the Architect's work. 5.3 If the Project is suspended for more than three 2.3 The Owner shall furnish information required of months or abandoned in whole or in part, the Architect him as expeditiously as necessary for the orderly progress shall be paid his compensation for services performed of the Work and the Architect shall be entitled to rely prior to receipt of written notice from the Owner of such upon the accuracy and completeness thereof. suspension or abandonment, together with Reimbursable Expenses then due and all terminal expenses resulting from such suspension or abandonment. If the Project is resumed after being suspended for more than three months, the Architect's Compensation shall be subject to ARTICLE 3 renegotiation. DIRECT PERSONNEL EXPENSE 5.4 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days 3.1 Direct Personnel Expense of employees engaged on after the date of billing. the Project by the Architect applies to architects, engi- neers, designers, job captains, draftsmen, specification writers and typists, for consultation, research and design, ARTICLE 6 in producing any documents pertaining to the Project, and in services required at the site. ARCHITECT'S ACCOUNTING RECORDS 3.2 Direct Personnel Expense includes cost of salaries and of mandatory and customary benefits such as statu- Records of the Architect's Direct Personnel, Consultant tory employee benefits, insurance, sick leave, holidays and Reimbursable Expenses pertaining to the Project and vacations, pensions and similar benefits. shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. ARTICLE 4 ARTICLE 7 REIMBURSABLE EXPENSES TERMINATION OF AGREEMENT Reimbursable Expenses are in addition to e Corn- pen .tion for Services and include actual •xpenditures 7.1 This Agreement may be terminated by either party made .y the Architect, his employees, o is professional upon seven days' written notice should the other party consult. is in the interest of the Proj- for the expenses fail substantially to perform in accordance with its terms listed in •e following Subparagrap• : through no fault of the other. In the event of termination due to the fault of others than the Architect, the Architect 4.1.1 Expen of transportati• and living when travel- shall be paid his compensation plus Reimbursable Ex- ing in connect'.n with th• •roject; long distance calls penses for services performed to termination date and all and telegrams; a • fees .aid for securing approval of terminal expenses. authorities having ju - ction over the Project. 7.2 Terminal Expenses are defined as Reimbursable Ex- 4.1.2 Expense of —prod ions, postage and handling of penses directly attributable to termination, plus a percent- Drawings and ecifications •xcluding duplicate sets at age computed as follows: the completio of each Phase f. the Owner's review and approval. For Services provided on a Multiple of Direct Person- 4.1.3 I authorized in advance by the 0' er, expense of nel Expense, 20% of the total incurred at the time of overti e work requiring higher than regu rates and termination; exp, se of renderings or models for the Owne 's use. For Services provided on a Lump Sum, 10% of the •.1.4 Expense of computer time. Lump Sum Amount. AIA DOCUMENT B727• SPECIAL SERVICES AGREEMENT • OCTOBER 1972 EDITION • AIA© • ©1972 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE , N.W.,WASHINGTON, D.C. 20006 4 • { . • ARTICLE 8 be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall SUCCESSORS AND ASSIGNS the demand for arbitration be made after the date when institution of legal or equitable proceedings based on The Owner and the Architect each binds himself, his such claim, dispute or other matter in question would be partners, successors, assigns and legal representatives to barred by the applicable statute of limitations. the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other 9.3 The award rendered by the arbitrators shall he final, party with respect to all covenants of this Agreement. and judgment may be entered upon it in accordance with Neither the Owner nor the Architect shall assign, sublet applicable law in any court having jurisdiction thereof. or transfer his interest in this Agreement without the written consent of the other. ARTICLE 10 ARTICLE 9 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agree- ARBITRATION ment between the Owner and the Architect and super- sedes all prior negotiations, representations or agreements, 9.1 All claims, disputes and other matters in question either written or oral. This Agreement may be amended arising out of, or relating to, this Agreement or the breach only by written instrument signed by both Owner and thereof shall be decided by arbitration in accordance with Architect. the Construction Industry Arbitration Rules of the Ameri- can Arbitration Association then obtaining unless the ARTICLE 11 parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the pre- vailing arbitration law. GOVERNING LAW 9.2 Notice of the demand for arbitration shall he filed Unless otherwise specified, this Agreement shall be gov- in writing with the other party to this Agreement and with erned by the law of the principal place of business of the the American Arbitration Association. The demand shall Architect. II� This Agreement executed the day and year first written above. OWNER ARCHITECT CITY OF LITTLE ROCK, ARKANSAS WITTENBERG, DELONY & DAVIDSON, INC. OF AIA DOCUMENT B727 • SPECIAL SERVICES AGREEMENT • OCTOBER 1972 EDITION • AIA"O • €1972 • 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON DC 200(1(,