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2807 RESOLUTION NO . 2,807 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AND EXECUTE ON BEHALF OF THE CITY OF LITTLE ROCK A CERTAIN AMENDED AGREEMENT WITH VARIOUS PARTIES TO UNDERTAKE A COOPERATIVE PROJECT KNOWN AS A TRANSPORTA- TION STUDY OF PULASKI COUNTY; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock, Arkansas, by its Mayor and City Clerk, did enter into an Agreement with the Arkansas State Highway Commission authorizing the said Highway Commission to undertake a traffic survey of the Little Rock Metropolitan Area, all pursuant to the provisions of Resolution No . 2505 adopted on March 21, 1960; and WHEREAS, the City of North Little sock and Pulaski County, Arkansas, also executed said Agreement in order that they might participate jointly in said survey; and WHEREAS, there now appears that other parties are interested in participating in said survey; and WHEREAS, the Arkansas State Highway Commission has prepared an Amended Agreement to be executed by the interested parties; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and City Clerk of the City of Little Rock, Arkansas, are hereby authorized and directed to enter into and execute an Limended Agreement with the Arkansas State Highway Commission and various parties authorizing said Commission to under- take a cooperative project known as a Transportation Study of Pulaski County. SECTION 2. The Amended Agreement referred to in Section 1. here- of shall be in and substance as follows: AMENDED AGREEMENT This agreement, made and entered into this day of _. .� 1962, by and between the Arkansas State Highway Commission, hereinafter called "Commission", and the City of Little Rock, City of North Little Rock, and Pulaski County, hereinafter called "Local Governments", and the Metro- politan Area Planning Commission of Pulaski County, hereinafter called Metroplan, is an amendment of the original agreement made for the same purpose between the Commission and Local. Governments, dated March 28, 1R + * and all portions of the original agreement are incorporated herein except wherein amended; and it WITNESSETH: RECITAL The parties hereto propose, for the benefit of the public, to, under- take a cooperative project, designated as a "Transportation Study of • Pulaski County", hereinafter called "Project" dr "Study". Said project will include a complete fact-gathering program that can be used as a basis for evaluating deficiencies, projecting future needs, and formulating a sound transportation policy and plan for the area. The Local Governments have evidenced their intention and good faith in this project by submiss ion of a formal proposal for the study wherein it was stated that local funds would be provided for the work in an amount equal to one-half that required to match Federal-Aid funds required for the study. In order to initiate this proposal , the Commission has authorized the study to be undertaken as a Federal-Aid Project at a total estimated cost No 1559 of January 27 , 1960. of $150,000, as set , L:ii'ti in Minute c L._lh'T' ?i\'e). . It is understood that the p_ feet herein contr ,fated is to be financed 7fl :..+ hv Federal -Airt tfighw y Planning Survey funds apportioned to the 2: Public Roads , and expended under its regulations; that all work involved, claims presented for reimbursement, and procedures in general are subject sr all times to all federal laws, rules, regulations, orders, and approvals applying to it as a Federal-Aid project. It is further understood that the Transportation Study of Pulaski County herein proposed will also be financed in part with funds made available under the provisions of Section 701 of the National Housing Act of 1954, as amended, and the funds expended will be governed by the laws, rules, and regulations applying to the Urban Renewal Administration of Housing and Home Finance Agency. As a condition for initiation of the work involved in the Pulaski County Transportation Study, it is necessary that the participating agen- cies reach agreement on al] matters relating to the scope of work, methods of procedure, division of responsibility, and methods of payment. AGREEMENT NOW THEREFORE, in consideration of the covenants and agreements herein contained, and subject to the provisions of the recital above, the parties hereto agree: a. For the purpose of developing final plans, determining specific purposes, defining overall scope, and providing general policy guidance to the study staff, a Transportation Study Steering -and Technical Committee is hereby established to be comprised of not more than the following number of rep- resentatives from the participating governments and agencies: Little Rock, 5; North Little Rock, 4; Pulaski County, 2; Highway Department, 2; Bureau of Public Roads, 2; Metroplan, 1; any other participating govern mont or agency.; 1; and any cooperating agency or authority may have one ex-officio representative if deemed advisable by a majority of the offi- cial Committee members. Although such a committee has been formed and operating on an interim basis, each participant shall officially name said hr committee representatives at the time this agreement is formally executed. The Steering and Technical Advisory Committee shall organize by the selec- tion of a chairman and secretary, who will keep an official record of all meetings. Said Committee shall represent the Local Governments and parti- cipating agencies; shall meet as required to plan, guide, and direct the progress of the study, and may appoint special sub-committees as the need arises. In order to expedite the work, the Steering Committee may desig- nate an Executive Sub-Committee to work with the Director in the administration of the project, which shall be composed of one representa- tive of each participating agency as named above. b. The management and actual supervision of the Pulaski County Transportation Study shall be vested in a Director, to be appointed and approved by the Steering Committee, subject at all times only to the plans, policies, and procedures developed by the said Committee. The Director will give full time to supervision and management of the Study, and as a matter of admin- instration may be carried on the payroll of any one of the participating agencies. The Director shall develop work schedules and operation plans for the various phases of the Study and shall request, in writing, that any part or phase of work be done by one or more of the participants as he may deem appropriate, and under his direction. In the event the Transpor- tation Study is performed under a Consultant Contract, the Director shall be responsible for the performance of all provisions of such Contract. The Director shall prepare a monthly report outlining the progress of the Study for the Steering Committee and may request the Chairman to call special meetings of the Committee or any sub-committee thereof when deemed necessary for the progress and prosecution of the work, The full aia 'y,> of the Director shall be an expense of the Study and as such shall be reimbursable to the employing agency. c. Finance - (1) It is expressly understood by the parties hereto that the a , financing of the Study is conditioned (a) upon its approval and acceptance as an item of the overall Highway Planning Survey Program of the Commis- sion in cooperation with the Bureau of Public Roads and, as such, will be subject to the rules and regulations governing expenditures for H.P.S. projects, and (b) upon its approval and acceptance as an item of the Metro- plan Planning Program, to be financed with funds made available under the provj,sions of Section 701 of the National Housing Act of 1954 as amended, and as such shall be subject to the rules and regulations governing expenditures for such planning studies. (2) It is also understood and agreed that Metroplan shall be the Financing agency for the entire Study and as such shall pay all expenses incurred and render the necessary billings to the participating agencies in accordance with the pro rata share of the Study as established in para- graph c (3) herein, except that billings to the Commission will include the Federal Aid share. Such reimbursement by the participants shall be made payable to "Metropolitan Area Planning Commission of Pulaski County". 1 The power to enter into contracts with Consultants, or employ individuals or agencies to perform any part of the Study, is hereby delegated to Metroplan, subject to the approvals set forth in paragraph c (7) hereof. (3) The ratio of participation in cost of work performed shall be as follows: Project Local Govt. Participants flog LL Ratios Amount Federal Aid (Highway HPS) 33-1/3 $ 50,000. Commission (State) 16-2/3 25,000. Federal Aid (Housing,701) 33-1/3 50,000. Metroplan * Little Rock ) 54.5 13,625. * North Little Rock) 16-2/3 30.3 7,575. * Pulaski County ) _15.2 3 500, 100.0% 100.0`% $150,000. The ratio of Federal Aid (HPS) and State funds may be adjusted annually, but the combined total shall not be less than one half the total cost of the project. * Participating agencies in Metroplan {ate Mk 5. The ratio of participation between the local governments shall remain fixed as set out for the life of the project. (4) Upon issuance of a work order to the Project Director by the Chairman of the Steering Committee, the Commission and each participating Local Government shall within two weeks thereafter deposit with Metroplan a sum equal to 50% of their participating cost, based upon an estimated expenditure of one hundred fifty thousand dollars ($150,000) . The funds received by Metroplan shall be credited to the account of the respective participants and used to defray the proportionate expense of the Study. As the work progresses, Metroplan will bill the Commission and the Local Governments for additional funds based upon total cost of work completed to date as determined by work estimates prepared by the Director and approved by the Steering Committee and in accordance with the ratio of participation in effect. Upon completion and acceptance of all phases of the Study, the total cost of the entire Study will be used by Metro- plan as a basis for final settlement with the participants, (5) No reimbursement shall be made nor credit for participation be given to the Commission, Local Governments, or Metroplan for any work done or information developed prior to the issuance of the work order for this project. Nor shall reimbursement be made to the Commission or Local Governments for any work performed by them which involved the use of fed- eral funds made available for Highway Planning or Urban Renewal Projects or Urban Planning Assistance Grants. All information previously developed or developed during the life of this project by the use of Highway Plan- ning or Urban Renewal or Urban Planning funds, which can be used in the Study, will be made available to the Director without cost. (6) Work performed by the Commission, the Local Governments, or Metroplan on any part of the Study as requested by the Director and to his satisfaction shall be subject to reimbursement by Metroplan at b . the actual expense incurred for wages, salaries, materials, and supplies that were required, upon and after receipt of proper billing for such work, prepared in the form and manner prescribed by the Director. All approved bills incurred in the Study shall be paid by Metroplan. (7) Upon development of satisfactory specifications and contract by the Steering Committee, the entire Study or any part thereof may be per- formed by a Consultant and paid for subject to execution of an agreement for such work between the Consultant and Metroplan, but only after the Consultant has been selected and recommeorded by the Steering Committee and approved by the Commission, Bureau of Public Roads and the Housing and Home Finance Agency. (8) The Study Director in cooperation with the Executive Director of Metroplan shall establish and keep such records and accounts of the Project as necessary so that accurate costs on each phase of the work will be available. These records and accounts will be open to audit and inspection of authorized representatives of any of the parties hereto or the Bureau of Public Roads or Housing and Home Finance Agency. d. In accordance with the first paragraph of the Recital, it is understood and agreed that the Pulaski County Transportation Study will be presented in two separate phases, as follows: (1) A complete factual report, including all data pertinent to the development of an Area Transportation Plan; (2) An overall Area Transportation Plan with methods, standards, and recommendations for implementing said plan. e. All data collected for the purpose of this Study shall be retained in the files of Metroplan and shall be made available to participating agencies as requested. f. Any addition, deletion, or change in this agreement or any revision of an approved contract executed under this agreement shall be subject to approval of the Steering Committee and the participating agencies, with concurrence of Bureau of Public Roads and the Housiug and Hone Finance Agency. g. This Agreement shall be binding upon the parties hereto, their succes- ,_. or assigns. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and date first written above. Pulaski County, Arkansas by County Judge City of Little Rock, Arkansas—,- by Mayor City of North Little Ronk, Arkansas by Mayor Metropolitan Area Planning Commission of Pulaski County by Chairman Arkansas State Highway Commission by ----- Director 2-2-62 7cr irvi:-Yk=0,61VWSW 4 -4 4-vwsvomst — „ — _ ?s, -2- SECTION 3 . This resolution shall be in full force and effect from and after its adoption. ADOPTED: February 19, 1962 ATTEST: / APPROVED: City Clerk May. .