HomeMy WebLinkAbout68-24 RESOLUTION'r
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 68-24
File Number: 2024-1722
ARDOT (AGREEMENT OF UNDERSTANDING):
A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH ARDOT TO FORMALIZE
THE CITY'S PARTNERSHIP ON THE 1-49 AND HIGHWAY 62 INTERCHANGE IMPROVEMENTS PROJECT
WHEREAS, ARDOT is currently planning an extensive redesign of the 1-49 and Highway 62 Interchange; and
WHEREAS, staff requested that ARDOT evaluate the option of adding an overpass at 15th Street instead of extending
Shiloh Drive to Cato Springs Road; and
WHEREAS, the overpass option provides better access to adjacent properties and essentially adds a connection from
15th Street to 1-49.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign an
Agreement of Understanding with ARDOT to formalize the City's partnership on the 1-49 and Highway 62 Interchange
Improvements Project. A copy of the Agreement of Understanding is attached to this Resolution.
PASSED and APPROVED on February 20, 2024
Page 1
tFAYETTEVILLE-
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 20, 2024
CITY COUNCIL MEMO
2024-1722
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
Susan Norton, Chief of Staff
FROM: Matt Mihalevich, Active Transportation Manager
SUBJECT: Approval of an Agreement with the Arkansas Department of Transportation (ArDOT)
to Complete Improvements to the 1-49 and Martin Luther King Dr. Blvd Interchange
RECOMMENDATION:
Staff recommends approval of an agreement with ARDOT to formalize the City's partnership on the 1-49 and
Highway 62 (Martin Luther King, Jr. Blvd) interchange.
BACKGROUND:
ArDOT is currently planning an extensive redesign of the 1-49 and Highway 62 (MLK Jr. Blvd.) Interchange.
With the design proposed by ArDOT, Shiloh Drive south of Highway 62 was to be converted to one-way south
bound. Shiloh Drive was proposed to be extended south to Cato Springs Road to provide an outlet for the
properties served by Shiloh Drive.
City of Fayetteville Engineering Staff requested that ArDOT evaluate the option of adding an overpass at 15th
Street instead of extending Shiloh to Cato Springs Road. The overpass option provides better access to
adjacent properties and essentially adds a connection from 15th Street to 1-49. The City provided a study of
the proposed overpass option, and determined the additional cost of the City preferred option to be $1.5
million; ArDOT agreed to revise plans provided the city pay the additional cost of $1.5 million; the Council
approved resolution 298-20 expressing the intention of the City to partner with ARDOT and pay for the
additional cost.
DISCUSSION:
Since that resolution, City and ArDOT staff have worked through many design details, negotiated additional
cost sharing proposals, arranged for replacement of tree preservation areas, and pursued federal aid funding
to assist in paying for various aspects of the project. All of these activities have been condensed into the
proposed Agreement of Understanding between the City and ArDOT. Major elements of the Agreement
include:
Inclusion of the 15th Street overpass in the project; the City cost of this addition is $1.5 million. The City
has secured $1.5 million federal aid funding for this item so there is no additional cost to the City.
Inclusion of multiple pedestrian and bicycle facilities in the project, at no cost to the City:
o Construction of a 14-foot-wide by 10-foot-tall tunnel for the Town Branch Trail
o Construction of a 10-foot-wide shared use path with a 6-foot offset along the south side of
Highway 62 from the western termini of the Project at South Leflar Way to Futrall Drive,
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
including underneath the Interstate 49 overpass bridges
o Implementation of a one -car length offset for the shared use path across the Walmart driveway
Inclusion of further pedestrian and bicycle facilities, with the City paying actual cost for the
elements (The City has $300,000 in federal aid funding to pay for these costs)
o Construction of a 10-foot-wide shared use path with a 6-foot offset on the east side of
Futrall Drive starting where the 10-foot trail would stop under Interstate 49 overpass
bridges, proceeding south to the north side of Best Friend Way; and
o Construction of a 12-foot-wide shared use path with a 10-foot offset on the west side of
Shiloh Drive from Highway 62 to the trail at Northwest Health Emergency Department; and
o Construction of an embankment and 12-foot-wide shared use path with a 10-foot offset
along the west side of Shiloh Drive between Northwest Health Emergency Department and
the shared use path being constructed as part of the 15th Street Overpass roundabouts
• Vacation of a tree preservation on the east side of 1-49 south of Hwy 62, and a corresponding
replacement dedication of an easement on the west side of 1-49 south of Hwy 62.
• The City will accept ownership of the 15th Street overpass and the frontage roads between Hwy 62
and 15th Street.
ArDOT plans to proceed with clearing of the project area this spring, and must complete the clearing prior
to March 15th to meet the requirements of their environmental approval for protection of bat species.
Therefore, an expedited review of this agreement is necessary.
BUDGET/STAFF IMPACT:
No additional funding is anticipated beyond the identified federal aid of $1.8 million.
ATTACHMENTS: SRF (#3), Job 040846 Agreement (#4), 040846DesignMLK - Hwy 62 - Trail concept 2-7-24 -
Flattened (#5)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2024-1722
Approval of an Agreement with the Arkansas Department of Transportation (ArDOT) to
Complete Improvements to the I-49 and Martin Luther King Dr. Blvd Interchange
A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH ARDOT TO
FORMALIZE THE CITY' S PARTNERSHIP ON THE I-49 AND HIGHWAY 62 INTERCHANGE
IMPROVEMENTS PROJECT
WHEREAS, ARDOT is currently planning an extensive redesign of the I-49 and Highway 62
Interchange; and
WHEREAS, staff requested that ARDOT evaluate the option of adding an overpass at 15th Street
instead of extending Shiloh Drive to Cato Springs Road; and
WHEREAS, the overpass option provides better access to adjacent properties and essentially adds a
connection from 15th Street to I-49.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign an Agreement of Understanding with ARDOT to formalize the City's partnership on the I-49 and
Highway 62 Interchange Improvements Project. A copy of the Agreement of Understanding is attached
to this Resolution.
Page 1
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
2024-1722
Item ID
February 20th, 2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/7/2024 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an agreement with ArDOT to formalize the City's partnership on the 1-49 and
Highway 62 (Martin Luther King, Jr. Blvd) interchange.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
RELATIVE TO:
Implementation of Job 040846, Hwy. 62 Intchng. Impvts. (Fayetteville) (F) in Fayetteville,
Washington County (hereinafter called the "Project").
WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed interest in
partnering with the Arkansas Department of Transportation (hereinafter called the "Department")
to improve the Interstate 49 interchange with Highways 62/180 (Martin Luther King Jr.
Boulevard); and
WHEREAS, the City has agreed to provide $1.5 million in partnering funds to incorporate the
construction of a 15th Street overpass between Shiloh Drive and Futrall Drive into the Project; and
WHEREAS, the City was awarded $1.5 million from the Northwest Arkansas Regional Planning
Commission, fulfilling this portion of their financial partnering commitment, which was obligated
by the Department for preliminary engineering tasks in August 2022; and
WHEREAS, the City has also requested that certain shared use paths and other betterments be
incorporated into the Project; and
WHEREAS, the City has agreed to provide all costs for certain betterments based on actual unit
prices and plan quantities; and
WHEREAS, the City has received $300,000 in Statewide Transportation Alternatives Program
funding that will be used toward the funding of these betterments; and
WHEREAS, the Department has agreed to include certain improvements in the Project at no cost
to the City; and
WHEREAS, the Department has agreed to pay for the initial construction cost, but the City will
be responsible for the maintenance of crosswalks and decorative brick thermoplastic crosswalks
that are compliant with the Federal Highway Administration's Manual on Traffic Control Devices
(MUTCD); and
WHEREAS, in addition to the monetary commitment, the City has agreed to expeditiously
relocate affected City -owned utilities and be responsible for associated costs as defined in the
Department's Utility Accommodation Policy (available at www.ardot.gov/LPA); and
WHEREAS, the Department will be responsible for coordinating with all utilities to determine
impact and schedules; and
WHEREAS, the Department will oversee all other phases of the Project and will provide all
additional funding necessary to complete these improvements; and
Agreement of Understanding Between the City of Fayetteville
and the Arkansas Department of Transportation
WHEREAS, the Department has provided an equivalent, comparable acreage for dedication of a
Tree Preservation Easement on the west side of Interstate 49 in exchange for the vacation of the
acreage of an existing Tree Preservation Easement on the east side of Interstate 49 that was
required for the construction of the Project; and
WHEREAS, upon completion of the Project, the City has agreed to accept both ownership and
maintenance responsibilities for certain improvements in the project area; and
• All portions of the 15th Street extension, including the overpass bridge and roundabouts at
Shiloh Drive and Futrall Drive; and
• Shiloh Drive to the south of the Interstate 49 southbound on -ramp; and
• Futrall Drive south of the Interstate 49 off -ramp.
WHEREAS, the City has passed Resolution No. agreeing to the partnership and
authorizing the Mayor to enter into agreements with the Department for the Project; and
WHEREAS, Arkansas State Highway Commission Minute Order 2021-012 has authorized the
Director to enter into any necessary agreements with the City and to proceed with surveys, plans,
and construction of the Project as funds become available.
IT IS HEREBY AGREED that the City and the Department will accept the additional
responsibilities and assigned duties as described hereinafter.
THE CITY WILL:
Be responsible for all non -reimbursable costs associated with the City -owned utilities as
defined in the Department's Utility Accommodation Policy.
2. When requested, pay to the Department additional funds beyond those awarded to the City
through the Statewide Transportation Alternatives Program for the cost of the betterments
described below:
• Construction of a 10-foot-wide shared use path with a 6-foot offset on the east side of
Futrall Drive starting where the 10-foot trail would stop under Interstate 49 overpass
bridges, proceeding south to the north side of Best Friend Way.
• Construction of a 12-foot-wide shared use path with a 10-foot offset on the west side
of Shiloh Drive from Highway 62 to the trail at Northwest Health Emergency
Department.
Construction of an embankment and 12-foot-wide shared use path with a 10-foot offset
along the west side of Shiloh Drive between Northwest Health Emergency Department
and the shared use path being constructed as part of the 15th Street Overpass
roundabouts.
3. Approve the vacation of tree preservation easements on the east side of Interstate 49 on
property that is needed for right of way and utility easements for the Project, and accept the
dedication of equivalent tree preservation easements on the west side of Interstate 49, as
described in the attached Exhibit A. Said total vacation is 59,385 square feet and dedication
is 59,500 square feet.
-2-
Agreement of Understanding Between the City of Fayetteville
and the Arkansas Department of Transportation
4. Upon completion of the Project, assume both ownership and maintenance responsibilities for:
• All portions of the 15th Street extension, including the overpass bridge and roundabouts
at Shiloh Drive and Futrall Drive; and
• Shiloh Drive to the south of the Interstate 49 southbound on -ramp; and
• Futrall Drive south of the Interstate 49 off -ramp.
5. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its
officers and employees, from any and all claims, lawsuits, judgments, damages, costs,
expenses, and losses, including those arising from claims before the Arkansas Claims
Commission or lawsuits brought in any other legal forum, sustained on account of the
operations or actions of the City, including any act of omission, neglect or misconduct of said
City. Further, the City shall take no action to compromise the immunity from civil suits
afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305, or
the I Ith Amendment of the United States Constitution. This obligation of indemnification
shall survive the termination or expiration of this Agreement.
THE DEPARTMENT WILL:
Be responsible for overseeing the design, environmental documentation, and right of way
acquisition for the Project.
2. Be responsible for overseeing and coordinating all utility relocation for the Project.
3. Be responsible for the review and preparation of reimbursement agreements for eligible
utilities.
4. Prepare documents and exhibits for the tree preservation easement vacation and dedications
and provide documents to the City for approvals; execute and file completed easement
dedication documents with the City Circuit Clerk upon approval of this agreement.
5. Include the following improvements in the design and construction of the Project at no cost to
the City:
• Construction of a 14-foot-wide by 10-foot-tall tunnel for the Town Branch Trail.
• Construction of a 10-foot-wide shared use path with a 6-foot offset along the south side
of Highway 62 from the western termini of the Project at South Leflar Way to Futrall
Drive, including underneath the Interstate 49 overpass bridges.
• Implementation of a one -car length offset for the shared use path across the Walmart
driveway.
6. Prior to awarding a construction contract for the Project, request funds from the City for the
cost of the betterments included at the request of the City that exceed the Statewide
Transportation Alternatives Program funds awarded to the City, as described under City
responsibility item 2.
7. Track costs for all additional items based on actual unit prices and plan quantities and either
request additional funds or return any overcharged amount to the City upon project closeout.
-3-
Agreement of Understanding Dehveen the City or Payetievillc
and the Arkansas Department afTmnsportation
8. Advertise; award, and perform construction inspection for the Project.
9. Upon completion of the Project, transfer both ownership and maintenance responsibilities to
the City for:
• All portions of the 15" Street extension, including the overpass bridge and roundabouts
at Shiloh Drive and Futrall Drive: and
as Shiloh Drive to the south of the Interstate 49 southbound on -ramp; and
• Futrall Drive south of the Interstate 49 off -ramp.
10. Coordinate and assist the City in permitting any maintenance activities on the new 1511 Street
bridge that may affect the Interstate 49 main lanes.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 20 day
Of February ,2024.
ARKANSAS DEPARTMENT OF
TRANSPORTATION
/ Lorie H. Tur 6�r P.E.
✓� Director
_]iVVy
CITY OF FAYETTEVILLE
neld Jordan
Mayor
Kit W Hams
City Attorney
ARKANSAS DEPARTMENT OF TRANSPORTATION
NOTICE OF NONDISCRIMINATION
The Arkansas Department of ransprumtou (ARDO ) complies with all civil riglas pmvismns oI'Rdeml..to. and mlated wNo nos oat
prohibndimrimimtiminprogmmsandactivitiesreccivingfeder firecialacsisMnee 1mfom,ARDOTdocstwtdiscrimmamnnthebasis
of ram, sex, valor, age, national origin, rcligon (not applicable as a protected] group uMcr the Federal Mow Carrier Safety Administration
'title VI Program 1. banality. Limited] English Proflcbnry (I.EP), or low -inmate status in the admission, amens to and treatment in ARDOT'x
programs and anivnfes, as well as ARWI's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding
ARDOT's nondiscrimination policies may be directed to Civil Rights Officer Joanna P McFadden IADAl50a/rl0e VI Cnmdinaloo, P. O
Box 226).[.rate Rock, AR T1203, ISOry569-22Yg,(VoiecrRV JI n,m the Mllowing email atldresa'xvnna inclbddenn is naay.
Free language assistance lur Limited English Pmlicknt individuals is available upon request.
This notice is available from the ADA/504ITitle VI Comdlnator in large print, on sudichiN and in Braille.
-4-
Exhibit A ' PROPOSED WATER -SEWER
ESMT = 20,147 Sq. Ft.
-� ®® ® Tree Easement Vacation and Dedication
® AREA WITHIN EXIST.
T l Job 040846, Hwy. 62 Intchng. Impvts. (Fayetteville) (F) TREE ESMT = 14,733 Sq.Ft.
Nj/I6 COR.SEC.l9 & 20 E
E y' =
Exisr.R.w NON
TRACT Y Hammura'mc
�NW
tr
Iwe LFIGIN K Tm6ECT16N:'.:
LIT_ 63.G N 10'13'53' E
L45 54.26' S 87'28'3P E
L57 75.25' S 30'5l'1P E Zh
L58 435' 6 I1.53'09' E \ _ + g"iM N -
L59 60. W 5 69' 25' 07' V i �,�yi
L537 A 0 6 17` I9' 37' E N l $$
L537 ♦7.6Y N 39'12'S2' Y lV d
L539 12.67' N 37'W59- Y I ••, b •'
L540 12.67' N 3539'S9' Y y\ •:� /f�/j�' W%
L541 17.72' N 4Or r21'05' V La 3 /
L541 27.43' N 02* 17 48' Y N
L543 27.43' N 02' 17' 48' Y w
L544 38.29' N 36. 00' 01' V
L5M 25.26' N 19'00'01' Y �.�'yj
L515 43.17' N 2741' 27' Y
L547 1615' N01'55'00' E 1` .•� .�,
L517 14.15' N28'54'IY Y �,',{� \/1`
L548 13.998' 8' N OB'59'12' m V`
L%9 43. NOP 54'47 V .'
L550 I%W S 66'l0'04' V + ' ~
�5
L575 21.51' N 54'16.26' Y I Exr.T.". Z50
L576 35, 97 681'WII-V .�. ., W
L577 3b IB' N 35'1Y 50` Y
MYE T •`• • � �''
IYNE PoIOIIA 11N/�p6 LENGTH W�ION_ - .-:.:. ... . • �
n— - ��_ ----- -------- s i6�5ra �" I •• �.� :::•`. t.'�• ° ° ` 1; ,twil z pp�2 4�21yy 6677 ��gg .,� IM
C33 3�W.Il' 1 S IV F I :': .., V
IIFJ auc'- �_
STATE MON BENT I &i
I/4 COR.SECI9 & 20 �a '
�`'''�'3/'E Tlbx R]0. VI bIi SN • m f4NT � �"•"'. '." � EX/ST.R `�.�• '
34�
SEC.I9 n
11Z PIPE
S1116 COR.SEC2Od9
PROPOSED ADDITIONAL :.
TREE ESMT = 59,500 S .Ft.:':
TREE PRESERVATION
EASEMENT TO VACATE
' PART I = 3,678 Sq.Ft. _
PART 2 = 9,151 Sq.Ft.
PART 3 = 31,823 Sq.Ft.� &w=
TOTAL = 44,652 Sq.Ft.
. + Uq� VE
SQ�j4 l T Y
U12' Wide Trail
Construction
By City - Not
part of this
-project
Jet Continue 10 foot wide R
side path with 6 feet
of green space
separation to western
extent of project.
Include Fayetteville
standard colored
concrete crosswalks
with 16 foot offset at
driveways. (By
ARDOT)
"I
Construct 12
foot wide
concrete trail
with 10 feet of
green space
separation. (By
ARDOT)
Existing 12 l
foot wide trail
to remain.
Include trafficscapes
decorative brick
thermoplastic crosswalk
with 24" thermoplastic
each side with crosswalk
lighting
Include Ped
button in r;
refuge
(Construction of
12 foot wide side
path with 10 foot
green space
separation.
(By ARDOT)
Exhibit A
zm2a ,
Construct 12 foot
wide trail with
parapet wall &
Lighting
(By ARDOT)
vo 9
10 foot trail *111: ,•
included in
—� project
(Paid by City NOV
f-- with TAP
funds) •
' W i 10' Wide Trail s,
9/ . I Construction By
Q�tl City - Not part y.
of this project F-V
•
t -
■ c
i
.i
i
-i
'r r
H
d
ICE
� fl
Raised speed table• t
crosswalks with
RRFB and lighting
(By ARDOT)
't
Install separate
9' tall by 14' wide
box culvert
tunnel +
(By ARDOT) r
i