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2857 RESOLUTION NO. 2,857 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO CONTRACT WITH THE METROPOLITAN AREA PLANNING COMMISSION AND MARION L. CRIST AND ASSOCIATES , INCORPORATED, FOR A DRAINAGE SURVEY; AND FOR OTHER PURPOSES . 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 a contract with the Metropolitan Area Planning Commission of Pulaski County, Arkansas, and Marion L. Crist and Associates, Incorporated, Consulting Engineers, to conduct a drainage survey, including Little Rock and areas adjacent thereto, and to pay to the said Marion L. Crist and Associates, Incorporated, the sum called for in the contract as and when called for therein, as set forth fully in Section 2 hereof. SECTION 2. The contract described in Section 1 of this resolution is and shall be in form and words as follows: CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE METROPOLITAN AREA PLANNING COMMISSION OF PULASKI COUNTY THE CITY OF LITTLE ROCK, AND MARION L, CRIST AND ASSOCIATES, INCORPORATED, CONSULTING ENGINEERS THIS AGREEMENT, entered into as of this day of , 1962 by and between the Metropolitan Area Planning Commission of Pulaski County, Arkansas , hereinafter referred to as Metroplan; the City of Little Rock, hereinafter referred to as City; and Marion L. Crist and Associates , Inc. , Consulting Engineers , Little Rock, Arkansas , herein- after referred to as the Contractor. WITNESSETH THAT: WHEREAS, A Guide for Metropolitan Area storm Water Drainage was prepared for Metroplan in 1959 which included general information on storm and flood frequencies, development characteristics , run-off rates , and an inventory of existing flood problems ; and WHEREAS, Metroplan now finds it urgent to obtain effective solutions to the engineering, financial, and legal aspects of the major drainage problems in the Metropolitan Area of Pulaski County because of recurring flooding and storm drainage problems requiring immediate attention; and WHEREAS, the City desires to engage the Contractor to prepare a Master Storm Drainage Plan for the City of Little Rock and tributary drainage areas; and WHEREAS, Metroplan desires to engage the Contractor to render certain technical and professional services hereinafter described in connection with an undertaking which is expected to be partially fin- anced under Section 700 of the Housing Act of 1954, as amended, in order to implement an over-all Master Storm Drainage Plan for the Metro- politan Area of Pulaski County. NOW THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Contractor. Metroplan and the City hereby agree to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth in connection with the project of Metro- plan under Planning Grant Contract No. ARK P-28 (G) . 2. Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following area or areas , herein called the "planning area" ; The Planning Area is herewith identified as all lands lying within Pulaski County, Arkansas. 3. Scope of Services. The Contractor shall do, perform, and carry out in a satisfactory and proper manner, as determined by Metroplan and the City, the following services : a. Inventory of Existing Drainage Facilities. Contractor shall make a field survey and shall prepare an inventory of all exist- ing drainage facilities in the City of Little Rock essential to the preliminary planning of a Master Storm Drainage Plan for the City of Little Rock and tributary drainage areas , and shall show all of such information on or as an attachment to prepared atlas maps containing information as per contract between City and Contractor dated 30 June 1961, and authorized by resolutions number 2714 of the Board of Directors of the City of Little Rock. The inventory of existing drainage facil- ities shall include: All existing ditches, drainage ways (with direction flow designated) ; a cross-sectional area of all major ditches for drainage ways, and the location and size of all bridges and culverts , except private driveway culverts. The said inventory further shall include all existing storm sewers, with inlets and manholes , showing the size, type, condition, and slope of pipes, area of inlets and elevations of inverts at manholes and inlets. In the case of inlets discharging through short pipe lines to an adjacent ditch, but not a part of a continuous storm sewer system, the depth to invert from the top of the structure shall be measured and shown in lieu of invert grades. b. Master Drainage System. The Contractor agrees to make a detailed study of all drainage problems in the City of Little Rock and tributary drainage areas, determining the required locations and sizes of culverts, bridges, drainage ways, storm sewers and inlets throughout the area which shall be capable of adequately serving as a General Master Plan for the future development of a storm drainage system in the City of Little Rock, which information shall be shown on prepared maps. c. Drainage Report. Upon completion of the engineering surveys , studies and computations required under this Contract , Contrac- tor agrees to prepare a report discussing the drainage problems in each drainage area within the City of Little Rock and tribu- tary areas, with preliminary cost estimates supplied relative to the necessary improvements in each such area. The report shall point out and define deficiencies in the condition of existing drainage facilities and shall include a list of the most needed improvements in the order of their relative urgency and significance to assist the City in determining a priority for construction. The report shall be in bound form and at least 50 copies shall be delivered to the City and Metroplan. Contractor agrees to submit and deliver, with the Engineering Report, the original tracing on cloth of all maps, whereupon the City will furnish to Contractor and Metroplan, within a reasonable time, one (1) set of paper sepia reproducables of said original cloth tracings. d. Study of Major Drainage Problems in Pulaski County Metropolitan Area. Contractor shall make a study of the specific drainage problems of Fourche Bayou, Dark Hollow, Bayou Meto, and the possible reclamation of lowlands along the Arkansas River at the mouth of White Oak Bayou, and east and south of the Little Rock Airport. Various possible solutions to the drainage problems in these specific areas will be suggested, together with cost estimates of each solution. Benefits resulting from each solution will be analyzed to determine an approximate cost-benefit ratio. From these studies and cost-benefit ratio calculations , the most feasible solution to the problem in each of the specified areas will be determined, and a priority established as between the various areas. The results of these studies and computations will be presented in the form of a Preliminary Storm Drainage Report, which shall include, findings and evaluations of previous studies made for the City of Little Rock, City of North Little Rock, and Metro- plan. The report will be accompanied by maps and sketches show- ing proposed improvements throughout the specified areas, and will be furnished in bound form. A total of 100 copies will be furnished to Metroplan. 4. Data to be Furnished to Contractor. All information, data, re- ports, records, and maps as are existing, available, and necessary for the carrying out of the work shall be furnished to the Contractor with- out charge by Metroplan and the City, and Metroplan and the City shall cooperate with the Contractor in every way possible in the carrying out of the planning work. 5. Personnel. a. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with Metro- plan or the City. b. All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. c. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of Metroplan and the City. 6. Time of Performance. The services of the Contractor are to com- mence as soon as practicable after the execution of this Contract and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Contract, but in any event all of the services required under Section 3a, Section 3b, and Section 3c hereunder shall be completed within 180 consecutive calendar days from the date of this Contract and all of the services required under Section 3d hereunder shall be completed within 365 consecutive calendar days from the date of this Contract. 7. Compensation. a. Metroplan and the City agree to pay the Con- tractor the total sum of $41,690 for the services specified here- in. b. The City agrees to pay to the Contractor the total amount of $30,000 which shall constitute full and complete payment for its share of services as set forth in this agreement. c. Metroplan agrees to pay to the Contractor the total amount of $11,690 which shall constitute full and complete payment for its share of services as set forth in this agreement except that such payment is contingent upon approval of revised Planning Grant Contract No. ARK. P-28 (G) . 8. Method of Payment. a. The City, upon approval of itemized vouchers by Metroplan and the City, will pay to the Contractor the amount or amounts set forth in Section 7b hereof, which shall constitute full and complete compensation for its share of the Contractor' s services hereunder. Such sum will be paid in the following manner, in every case, subject to receipt of a requisi- tion for payment from the Contractor specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount requisi- tioned under the terms of the Contract; (1) $14,500 when the services covered by Section 3, sub-para- graph a. , have been satisfactorily completed, as required hereunder, and as determined by Metroplan and the City. (2) $8,400 when the services covered by paragraph 3, sub- paragraph b. have been satisfactorily completed, as required hereunder and as determined by Metroplan and the City. (3) $7, 100 when the services covered by paragraph 3, sub-para- graph c. , have been satisfactorily completed, as required hereunder, and as determined by Metroplan and the City. b. Metroplan will pay to the Contractor the amount or amounts set forth in Section 7 c , which shall constitute full and complete compensation for its share of the Contractor's services hereunder. Such sum will be paid in the following manner, in every case, subject to receipt of a requisition for payment from the Con- tractor specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount requisitioned under the terms of the Contract: (1) $11, 600 when the services covered by Paragraph 3, sub- paragraph d, have been satisfactorily completed, as required hereunder, and as determined by Metroplan. c. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid here- under exceed the maximum sum of $41,690 for all of the services required. 9. Termination of Contract for Cause. If through any cause, the Contractor shall fail to fulfill in timely and proper manner his obliga- tions under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, Metroplan and the City shall thereupon have the right to terminate this Contract by giving written notice thereof, at least five days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies , surveys , drawings , maps, models, photographs , and reports prepared by the Contractor shall, at the option of Metroplan and the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to Metroplan and the City for damages sustained by Letroplan and the City by virtue of any breach of the Contract by the Contractor, and Metroplan and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due Metro- plan and the City from the Contractor is determined. 10. Termination for Convenience. Metroplan and the City may termi- nate this Contract at any time by a notice in writing to the Contractor. In that event, all finished or unfinished documents and other materials as described in paragraph 9 above shall, at the option of Metroplan and the City become its property. If the Contract is terminated by Metroplan and the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by the Contract, less payments of compensation previously made: Provided, however, that if less than 60 percent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 9 hereof relative to termination shall apply. 11. Changes. Metroplan and the City may, from time to time, require changes in the scope of the services of the Contractor to be performed hereunder. Such changes , including any increase or decrease in the amount of the Contractor' s compensation, which are mutually agreed upon by and between Metroplan and the City and the Contractor, shall be incorporated in written amendments to this Contract. 12. Nondiscrimination. There shall be no discrimination against any employee who is employed in the work covered by this Contract, or against any applicant for such employment, because of race, religion, color, or national origin. This provision shall include, but not be limited to, the following: employment , upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall insert a similar provision in all subcontracts for services covered by this Contract. 13. Interest of Members of Metroplan, the City, and Others. No officer member or employee of Metroplan and no member of its governing body, and no other public official of the City who exercises any function or responsi- bilities in the review or approval of the undertaking or carrying out of this Project, shall (a) participate in any decision relating to this Con- tract which affects his personal interest or the interest of any corporation, partnership, or association in which he is , directly or indirectly, inter- ested; or (b) have any interest, directoor indirect, in this Contract or the proceeds thereof. 14. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) , without the prior written consent of Metroplan and the City thereto: Provided, however, that claims for money due to or to become due to the Contractor from Metroplan and the City under this Contract may be assigned, to a bank, trust company, or other financial institutions without such approval. Notice of any such assignment or transfer shall be furnished promptly to Metroplan and the City. 15. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Contractor further covenants that in the performance of this Contract, no person having any such interest shall be employed. 16. Officials Not to Benefit. No Member of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part thereof or to any benefit to arise herefrom. 17. Identification of Documents. All reports , maps , and other docu- ments completed as a part of this Contract , other than documents exclu- sively for internal use within Metroplan, shall carry the following notation on the front cover or a title page (or, in the case of maps , in the same block) containing the name of Metroplan. The preparation of this (report , map, document, etc. ) was financed in part through an urban planning grant from the Housing and Home Finance Agency, under the provision of Section 701 of the Housing Act of 1954, as amended. 18. Copyright. No reports , maps , or other documents produced in whole or in part under this Contract shall be the subject of an applica- tion for copyright by or on behalf of the Contractor. 19. Findings Confidential. Any report, information, data, etc. , given to or prepared or assembled by the Contractor under this Contract which Metroplan and the City requests to be kept confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of Metroplan and the City. 20. Office Space. ;_etroplan hereby agrees to make available with- out charge to the Contractor, either at Ivetroplan's headquarters or in a community or area receiving assistance hereunder, any office space needed by the Contractor in addition to his usual place of business for the performance of the services agreed to under this Contract, and the Con- tractor hereby agrees not to include any charge for such additional space in his fee. Metropolitan Area Planning Commission of Pulaski County, Arkansas By Chairman Approved as to legal form City of Little Rock, Arkansas and legal adequacy. By Mayor Date Marion L. Crist & Associates , Inc. Little Rock, Arkansas Signed By Attorney-at-law PResident ATTEST: r 4 SECTION 3. This resolution shall be in full force and execution from and after its adoption. ADOPTED: June 4, 1962 ATTEST:, APPROVED: A.' ? j,/ City Clerk Jew ayo 1