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HomeMy WebLinkAbout5961 RESOLUTION NO 5,961 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT AND LETTER OF AGREEMENT WITH METROPLAN FOR URBAN TRANSPORTATION PLANNING FOR THE CITY OF LITTLE ROCK; 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 and Letter of Agreement with Metroplan wherein it is provided that Metroplan will administer the funding of certain Urban Transportation Planning Process activities , as identified in the PATS UNIFIED WORK PROGRAM as detailed in the attached summary of services for the Little Rock corporate area. A copy of the Contract and Letter of Agreement is attached to this Resolution 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 20, 1978 adufATTEST: G� !Ze, City Cler APPROVED Vice e Ma or draft CONTRACT BY AND BETWEN METROPLAN AND THE CITY OF LITTLE ROCK THIS AGREEMENT, entered into as of the day of , by and between Metroplan and the City of Little Rock (hereinafter called the "Contractor") , WITNESSETH THAT: WHEREAS , Section 112 of the Federal Aid Highway Act of 1973 provides for the Federal Highway Funds to be made available to Metropolitan Planning Organizations (MPO' s) as designated by the Governor to support the Urban Transportation Planning process established pursuant to Section 134 of Chapter I of Title 23 United States Code, and WHEREAS , Metroplan has been designated by the Governor of Arkansas as the Planning Organization responsible for conduct of the Pulaski Area Transportation Study as described in the PATS Prospectus and Unified Work Program documents approved by the U. S. Department of Transportation, and WHEREAS , Metroplan and the Contractor are participating agencies in the PATS for the urbanized area of the Little Rock- North Little Rock Metropolitan Area, and WHEREAS, Metroplan desires to engage the Contractor to render certain technical and professional services required for completion of the Transportation Systems Management (TSM work element of the PATS FY ' 79 Unified Work Program which is to be financed with funds provided by Section 112 of the Federal-Aid Act of 1973, and t. • -2- A work authorization letter will be issued upon execution of the Contract and after the overhead rate has been established by the Contractor, reviewed by Metroplan and AHTD and approved by the FHWA. IN WITNESS WHEREOF, the parties hereunto have executed this Letter of Agreement by their duly authorized officers or agents on this day of June, 1978. Metroplan City of Little Rock LETTER OF AGREEMENT Fiscal Year 1979 PULASKI AREA TRANSPORTATION STUDY Between Metroplan and The City of Little Rock The undersigned hereto mutually agree to implement the Contract entered into as of June , 1978 , between Metroplan and the City of Little Rock which is hereinafter called Metroplan and the Contractor as follows : Section 112 Federal-Aid Highway Act Planning Funds in the amount of $ for FY 1979 , are hereby made available to the Contractor to be expended subject to and in accordaxce with the approved Unified Work Program Tasks for the period July 1, 1978 , through June 30, 1979 . Following the year-end close out audit , any of the FY 1979 programmed amount of Section 112 Planning Funds not spent by June 30, 1979 , will be deprogrammed, and may be eligible for reprogramming under subsequent agreements if mutually agreeable. Reprogramming must follow the development of satisfactory UWP Work Tasks and development of a satisfactory PL Contract or Letter of Agreement for the following year. Metroplan will continue to administer PL funds in conformance with State and FHWA regulations until the Contract is mutually terminated. Reimbursement for programmed tasks will be eligible for participation with Section 112 Planning Funds after a letter is issued by Metroplan authorizing the Contractor to proceed with work as outlined in Section 4. WHEREAS , all contracts with other parties for services within the scope of the Transportation Planning Process shall be subject to prior approval by the Arkansas State Highway and Transportation Department (hereinafter called the "AHTD") and the Federal High- way Administration (hereinafter called "FHWA") . NOW THEREFORE, the parties hereto do mutually agree as follows : 1. Purpose . The purpose of this contract is to provide for Metroplan to administer the funding of certain Urban Trans- portation Planning process activities, as identified in the PATS Unified Work Program (UWP) and as detailed in the attached summary of services for the Little Rock corporate area, which are attached hereto and made a part hereof, and establish an understanding between Metroplan and the contractor as to the responsibility of each agency. 2 . Employment of Contractor. Metroplan hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the services hereinafter set forth. 3. Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the portion of the PATS Area which is within the City's corporate boundaries . 4. Scope of Services . The Contractor shall do , perform, and carry out, in a satisfactory and proper manner, as determined by Metroplan, the services necessary to accomplish the Tasks of the FY ' 79 Unified Work Program as described in the attached TSM Work Statement , Attachment No . 1 , herewith made a part of this contract . -2- e 1 5. Data To Be Furnished to Contractor. Metroplan will make available to the Contractor such information as is in the possession of Metroplan and is pertinent to the study. All mapping, secretarial and report production expense required to accomplish the scope of services will be borne by the Contractor. 6 . Time of Performance. The services of the Contractor are to commence on July 1, 1978 , and shall be undertaken and completed in such sequences as to assure their expeditious completion in conformance with the UWP schedule. If this Agree- ment is not terminated by written mutual agreement, this basic contract shall be amended each year by a letter agreement which makes reference to the UWP and specifies the extent of funding. 7. Compensation. Metroplan will reimburse the Contractor for the authorized cost incurred, which is to be matched with 20 per cent by the Contractor, for the work outlined in. Section 4 above in accordance with Federal Procurement Regulations , Parts 1-15 , and current AHTD practice . 8. Method of Payment . Metroplan will reimburse the Contractor on the basis of monthly progress reports and reim- bursement request for the authorized cost incurred which is to be matched with 20 per cent by the Contractor for Services as described in Section 4. All payments to the Contractor will be made when Federal funds are available for Metroplan to use for such reimbursement after all State and Federal Highway Administration Regulations are satisfied. It is expressly understood and agreed that the total compensation to be paid -3- hereunder shall not exceed the authorized amount which is setforth in the Letter of Agreement which becomes a part of this Contract. The Contractor shall be subject to the provisions contained in the Agreement between the AHTD and Metroplan (the Designated Agency) regarding direct costs , indirect costs and proposed fee where appropriate, which cannot be exceeded without a modification of this Contract. Reimbursement for programmed tasks will be eligible for participation with Section 112 Planning Funds after a letter is issued by Metroplan authorizing the Contractor to proceed with work as outlined in Section 4. A work authorization letter will be issued upon execution of the Contract and after the overhead rate has been established by the Contractor, reviewed by Metroplan and AHTD, and approved by the FHWA. 9 . Termination of Contract for Cause . If, through any cause the Contractor shall fail to fulfill in a timely and proper manner the obligations under this Contract, or if the 4 Contractor shall violate any of the covenants , agreements , or stipulations of this Contract, Metroplan shall thereupon have the rights to terminate this Contract by giving written notice of thirty (30) days to the Contractor of such termination and specifying the effective date of such termination. In the event the designation of Metroplan shall be revoked or modified, this Contract shall automatically terminate as of the date of such revocation or modification. Further, either party may terminate -4- its interest and obligation under this Contract by giving thirty (30) days notice in writing to the other party. In that event, all finished or unfinished documents , data, studies , surveys , drawings , maps , models , photographs , and reports or other material prepared by the Contractor under this Contract shall, at the option of Metroplan, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such docu- ments and other materials , as determined by Metroplan. 10 . Changes . Metroplan may, from time to time, require changes in the scope of the services described in Section 4 in order to satisfy FHWA approved UWP Amendments . 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 Contractor, in cooperation with the AHTD, shall be incorporated in written amendments to this Contract . 11. Compliance with Title VI of the Civil Rights Act of 1964. Metroplan and the Contractor agree that all operations under the terms of this Agreement will be in compliance with the applicable requirements of Title 49 , Code of Federal Regu- lations , Part 21 , which was promulgated to effectuate Title VI of the Civil Rights Act of 1964 . In furtherance of requirements of Title 49 , the attached clauses (Attachment No . 2) are made a part of this Contract. 12 . Interest of Metroplan and Others . No officer, member, or employee of Metroplan and no members of its governing boay, and no other public official of the governing body of the -5- locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project , shall participate in any decision relating to this Contract which affects his personal interest of the interest of any corporation, partnership , or association in which he is directly or indirectly interested, or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. 13 . Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment of novation) , without the prior written consent of Metroplan thereto : Provided, however , that claims for money due or to become due to the Contractor from Metroplan under this Contract may be assigned to a bank, trust company or other financial institution without such approval . Notice of any such assignment or transfer shall be furnished promptly to Metroplan . 14. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest , I direct or indirect, which would conflict in any manner or degree with the performances of services required to be per- formed under this Contract . The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. -6- 15. Officials Not To Benefit. No member of or Delegate to the Congress of the United States of America, and no City Board member, shall be admitted to any share or part hereof or to any benefit to arise herefrom. 16. Identification of Documents . All reports , maps , and other documents completed as a part of this Contract, other than documents exclusively for internal use within Metroplan, shall contain an acknowledgement on the front cover and title page such as "prepared in cooperation with the U. S . Department of Transportation, Federal Highway Administration" . The title page should also include : The preparation of this report, map, document, etc. , was financed in part through Planning Grants from the U. S . Department of Transportation, FHWA-PL Contract No. PL-0092(2) 701, together with the date (month and year) the document was prepared. 17 . Office Space. The Contractor hereby agrees to provide all office space required to perform the responsibilities under this Contract. 18. Publication, Reproduction and Use of Materials . No material produced in whole or in part under this Contract shall be subject to copyright in the United States or in any other country. Metroplan, AHTD, and the U. S . Department of Trans- portation shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports , data, or other materials prepared under this Contract. 19 . Travel . Any travel outside the PATS area related to activities of the approved Unified Work Program and funded all or in part with Section 112 funds must have prior approval of -7- Metroplan and AHTD and shall not exceed lodging, meal, and travel expenses approved for Metroplan by the AHTD. 20 . Responsibility for Claim and Liability. The Con- tractor shall be required to save harmless Metroplan and other agencies of government from any and all claims , demands , suits and judgments of sums of money to any party for loss of life or injury or damage to persons or property growing out of, resulting from or by reason of any negligent act or omission, operation or work of the Contractor, its agents , servants or employees while engaged upon or in connection with services required or performed by the Contractor hereunder. 21. Audits and Inspections . At any time during normal business hours and as often as Metroplan, AHTD and/or the U. S. Department of Transportation may deem necessary, there shall be made available to the Commission, AHTD and/or the U. S . Depart- ment of Transportation for examination all of its records with respect to all matters covered by this Contract and will permit Metroplan, AHTD and/or the U. S . Department of Transportation to audit, examine and make excerpts or transcripts from such records , and to make audits of all contracts, invoices , materials , payrolls , records of personnel, conditions of employ- ment and other data relating to all matters covered by this Contract. 22. Records . The Contractor is to maintain all books, documents , papers , accounting records , and other evidence per- taining to costs incurred, and to make such materials available -8- • at its offices at all reasonable times during the Contract period and for three years from the date of final payment to the Contractor. Such materials are to be available for in- spection by authorized representatives of the AHTD or the Federal Government and copies thereof shall be furnished if requested. IN WITNESS WHEREOF, by resolution adopted by a majority vote of the Metroplan Board of Directors to approve the services herein on , the undersigned do hereby execute this Agreement between Metroplan and the City of Little Rock. METROPLAN By: President of the Board IN WITNESS WHEREOF, the City of Little Rock hereby accepts the terms and conditions of this Agreement . CITY OF LITTLE ROCK By: - -- City Manager -9- Attachment 1 TSM WORK STATEMENT INTRODUCTION Transportation Systems Management (TSM) has been set forth as a systematic approach to achieving greater performance from existing transportation facilities and services . This proposed work statement describes an approach for developing a TSM study for the Little Rock portion of the Pulaski Area Transportation Study. The proposal is set forth in response to the city' s need to actively pursue and improve TSM planning efforts . A number of TSM actions have already been initiated in the City of Little Rock. These range in scale from an ongoing pro- gram of traffic engineering improvements to large scale projects . Large scale actions include auto free zones in Metrocentre Mall , transit turnouts on 1-630, transit park and ride sites , and signalization studies . These actions serve to highlight the TSM interest and accomplishments of the City. In addition to these actions is an apparent need to improve the overall efficiency of transportation by reducing the amount of energy consumed for transportation, and reducing the level of noise and air pollution within the area. This joint planning effort will significantly enhance the cooperative aspects of the PATS process and should lead directly to the programming of TSM projects utilizing both Federal-Aid Urban and Urban Mass Transportation Administration construction funds . The following work statement is presented in three sections describing the study approach , organization, and scope of work. The approach describes the study objectives and general work flow. The organization indicates the composition of the study team, the agencies involved, and their responsibilities . The scope of work describes each task in terms of purpose and activities . Approach Metroplan' s approach to the study is directed at accomplishing study objectives . These objectives are listed below and are addressed by tasks in the scope of work. Objectives 1 . To formulate , apply and evaluate procedures for systematic TSM planning in the PATS area that will provide the basis for a beneficial , on-going process . 2 . To establish a TSM planning process that includes : a. A clear statement of goals and objectives . b . An evaluation of existing conditions . c . An adequate set of proposed actions . d. Justification of actions recommended for inclusion in the TIP . e. Adequate and timely funding. f. A balance of the level of planning effort with the scope of problem solution. -2- 3. To broaden familiarity and experience of the City of Little Rock with TSM planning addressing a cross-section of transportation problems . Organization The PATS Study Director will have primary responsibility for all aspects of the TSM study. A TSM working group will be formed to include the city staff who may be assigned to accomplish the designated tasks , a staff member of Metroplan assigned by the Study Director, a staff repre- sentative of the AHTD and a staff representative of Central Arkansas Transit. This group will represent transportation operating agencies, providing overall technical and coordinative support, advise on project selection, and ultimately, assist with project implementation. Organization Chart ------------- 1 PATS I 1 Study Director 0 • F+ City of L. R. F+ ›, Staff Services ›., Transportation 4.3 Technical 1 1 Advisory Committee 1 1 ' I 1 Project Decision PATS Policy Making ----- Committee L.R. Board of Directors TIP Funding Approval -3- . As indicated by the chart , the study team is responsible to the PATS Study Director . The Transportation Technical Advisory Committee will provide technical review and advise on project selection. The City of Little Rock is ultimately responsible for initiating the TSM projects as approved by the City Board of Directors in the City and the PATS Policy Committee for providing programming of TSM projects in the TIP . Scope of Work TASK 1. STUDY OVERVIEW Purpose : To set the stage for the study by establishing a common frame- work of issues , objectives and procedures for use by technicians and decision makers . Activities : 1. Metroplan will furnish to the city, based on the PATS plan, transportation issues in terms of population growth, land use growth and change , inteLmodal trans- portation deficiencies , environmental quality attainment guidelines , energy constraints , and areawide roadway system plan. These are factors that necessitate a TSM response. 2. Metroplan will furnish a map which identifies candidate projects for TSM study by the city. 3 . Metroplan will establish a study team consisting of the city' s designated staff for the study, a Metroplan -4- transportation planner, a representative of the Arkansas Highway and Transportation Department , and a representative of transit agencies in the area, to identify potential TSM projects and provide technical support to the city' s designated staff. 4. Metroplan will provide incentives for TSM project development by establishing procedures to assure timely project programming in the TIP. 5 . The Transportation Improvement Program (TIP) shall con- sist of improvements recommended from the TSM and long- range elements of the approved PATS plan. TASK 2. PERFORMANCE AND PROBLEM MEASUREMENT Purpose: To establish quantitative and qualitative measures of system performance to use in dimensioning candidate problems and evaluating alternative TSM solutions . To establish analytical and graphic procedures for determining effectiveness . To identify data requirements and collection procedures . To define the extent of existing problems and of existing project effectiveness through data collection and analysis . Activities : 1. Establish criteria relative to transportation objectives that will measure system performance in the Little Rock portion of the PATS area. Potential criteria and -5- r measures for consideration based on the objectives , the nature of the particular problem, and the available data include the following: a . System performance criteria encompass efficiency of person movement and travel time . Potential performance measures include peak hour person trips , daily person trips , vehicle hours traveled, trip length, person hours traveled, and modal level of service . b . Social criteria include safety, measured in terms of accident cost and number, and dislocation measured in terms of persons and business relocated. c . Economic criteria cover direct , indirect , and user costs . Direct costs include right of way, construction, maintenance , and operations subsidy. Potential measures include total cost, annualized cost, and cost per trip . Measures of indirect costs relate to changes in property values . User costs including travel time, vehicle operations , and user charges with potential measures covering cost per vehicle hour or mile traveled and in user cost per trip . d. Environmental criteria encompass air quality measured by vehicle miles traveled per mode, energy conser- vation measured by BTU' s per person mile traveled, and the measurement of noise necessary to support TSM project selection. -6- 2 . Determine analytical techniques and data requirements and sources applicable to the different types of candidate problems . 3 . Dimension baseline problem and project conditions . a . Collect and analyze data for each candidate problem to dimension the extent of deficiencies . b . Collect both pre-project and existing data on existing TSM projects and determine changes in relevant performance measures . 5 . Prepare Task 2 Report . TASK 3 . EVALUATION PROCEDURES Purpose : To establish and test procedures for evaluating alternative TSM project solutions as an aid to decision making. 1. Establish a two level approach for evaluating alternatives that enables a reconnaisance level evaluation to narrow the range of potential actions prior to detailed evaluation. 2. Establish minimum thresholds of performance, where determined practical , as a means of assisting decision making. 3. Test the evaluation procedures by applying them to existing TSM projects . 4. Adjust the evaluation procedures as needed after re- viewing the test run results . Adjustments will include consideration of accuracy, acceptability to decision- makers , sensitivity, and practicality in terms of study resources . -7- 5 . Prepare Task 3 Report . TASK 4. TSM PROJECT ALTERNATIVES Purpose : To formulate alternative TSM solutions for candidate problems . Activities : 1 . Establish limits on the alternatives considered for each problem to assure a practical balance with available study resources . 2 . Work with the PATS study team as a whole in foLmulating TSM alternatives for each candidate problem. Use as comparisons in each case the following range of alternatives . a. Null b . Long-range , high-capital (where previously available ) c. Low-capital facilities d. Operational and institutional improvements e . Combination of C and D (immediately above) 3 . Describe the advantages and disadvantages of the alterna- tives of each problem. Apply the two level evaluation procedure developed in Task 3 to the alternatives for each candidate problem. 4. Prepare Task 4 Report . TASK 5 . IMPLEMENTATION PROCESS Purpose : To provide agencies involved in project implementation an opportunity to select alternatives for implementation. -8- To prepare an implementation strategy for implementing the alternatives selected. To devise procedures to monitor the implementation and operation. Activities : 1. Present the project alternatives and evaluations to the city for project selection and endorsement . 2. To the extent possible , resolve any differences in project selection among jurisdictions through consultation. 3 . Outline an implementation strategy in terms of activities , timing, sources and magnitude of funds and responsible agencies for agreed upon projects . 4. Outline a program for monitoring project implementation and operation. 5 . Prepare final technical report. TASK 6. STUDY EVALUATION Purpose : To determine the effectiveness of the TSM study in fulfilling objectives . To recommend organizational and operational changes that will improve effectiveness . Activities : 1. Conduct an evaluation of the study by the study team that addresses the practicality of the study and recommends improvements with respect to: -9- a. Form and extent of agency participation b . Scope of problems considered c. Method of problem selection d. Data collection and analytical techniques e . Formulation of alternatives f. Evaluation techniques g. Implementation procedures h. Continuation of the process 2. Prepare evaluation report. -10- tap- • Attachment 2 NOTICE TO CONTRACTORS - COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS During the perfonnance •of this contract, .the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1 ) Compliance w•with Regulations: The contractor will comply with • the Regulations of the Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations , Part 21 , hereinafter referred to as the Regulations) , which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor with regard to the work performed by it after award and prior to completion of the contract i•;ork , will not discriminate on the ground of race, color, or national origin in the selction and retention of subcontractors , including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21 . 5 of the Regulations , including employment practices • when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts , Including Procurements of Materials and Equipment: In all soliciations , either by competitive bidding or negotiation made by the contractor for work to he performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national • origin. .(4) Information and_ Reports: The contractor will provide all information and reports required by the Regulations , or orders • • and instructions issued pursuant thereto, and will permit access to its books , records , accounts , other sources of information, • and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations , orders and instructions. Where any information required of a contractor is • in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noTicanpliancc with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, hut not limited to , • I • (a) withholding of payments to the contractor under the - contract until the contractor complies, and/or (b) cancellation , termination or suspension of the contract, in whole or in part. - • (6) Incorpo`ation of Provisions: The contractor will include the provisions of paragraph (ii through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations , order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway De 3rtment or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided , however, that , in the event a contractor becomes involved in , or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State , and, in addition , the contractor may request the United States to enter into such litigation to protect the interests of the United States. • • • • • • • • • • • •