HomeMy WebLinkAboutOrdinance 5748Bell' Peggy
From: Brown, Chris
Sent: Friday, February 06, 2015 3:29 PM
To: Bell, Peggy
Subject: RE: 35-15 SWEPCO of Fayetteville Utility Work Agreement
We don't have to pay this now. AHTD will pay SWEPCO and we will pay our share to the AHTD at the time they take
construction bids.
Chris
From: Bell, Peggy
Sent: Friday, February 06, 2015 3:25 PM
To: Brown, Chris
Subject: FW: 35-15 SWEPCO of Fayetteville Utility Work Agreement
Chris,
Will we get reimbursed by AHTD for this?
Peggy
From: Bell, Peggy
Sent: Friday, February 06, 2015 11:41 AM
To: Bell, Peggy
Subject: FW: 35-15 SWEPCO of Fayetteville Utility Work Agreement
From: CityClerk
Sent: Friday, February 06, 2015 10:09 AM
To: Brown, Chris
Cc: Fell, Barbara; Main, Joanna; Bell, Peggy; Smith, Leslie; Vice, Peggy
Subject: 35-15 SWEPCO of Fayetteville Utility Work Agreement
Attached is a copy of your item passed by Council at the February 3, 2015 City Council Meeting. If you have any questions
please feel free to contact our office. Thank you.
Have a great day,
Dee McCoy
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerkra�.fayetteville-ar.gov
ORDINANCE NO. 5748
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVE A UTILITY RELOCATION
AGREEMENT WITH THE UNIVERSITY OF ARKANSAS FOR THE
RELOCATION OF COPPER AND FIBER OPTIC CABLES NECESSARY FOR
THE HIGHWAY 112 WIDENING PROJECT BETWEEN RAZORBACK
ROAD AND GARLAND AVENUE WITH THE AMOUNT TO BE PAID BY
THE CITY OF FAYETTEVILLE NOT TO EXCEED $33,476.50
WHEREAS, the Arkansas Highway and Transportation Department's Utility
Accommodation Policy provides for reimbursement to utility owners when utilities within
private easements outside of the highway right of way must be relocated; and
WHEREAS, the widening of Highway 112 between Razorback Road and Garland
Avenue necessitated the relocation of utilities owned by the University of Arkansas, some of
which are located in private easements and, therefore, qualify for reimbursement by the City; and
WHEREAS, 80% of the qualifying relocation costs are covered by federal -aid funding
with the remainder to be paid by the City of Fayetteville; and
WHEREAS, the University of Arkansas, as the owner and installer of the copper and
fiber optic cables and as owner of the private easements in which the utilities will be relocated, is
the only appropriate party to relocate its utilities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines
the above -stated facts constitute an exceptional situation in which competitive bidding is deemed
not feasible or practical and therefore waives the requirements of formal competitive bidding and
approves a utility relocation agreement with the University of Arkansas for the relocation of
copper and fiber optic cables necessary for the Highway 112 widening project between
Razorback Road and Garland Avenue with the amount to be paid by the City of Fayetteville not
to exceed $33,476.50.
AP
Lm
Page 2
Ordinance No. 5748
PASSED and APPROVED this 17' day of February, 2015.
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
FAYETiEVILLE:
.9 :^
%,mss . �kAN`-
.® x o e�,
City of Fayetteville Arkansas 113 West Mountain Street
/ Fayetteville, AR 72701
m 473575-8323
Text File
File Number: 2015-0035
Agenda Date: 2/17/2015 Version: 1 Status: Passed
In Control: City Council File Type: Ordinance
Agenda Number: D. 8
UNIVERSITY OF ARKANSAS UTILITY RELOCATION AGREEMENT:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
AND APPROVE A UTILITY RELOCATION AGREEMENT WITH THE UNIVERSITY OF
ARKANSAS FOR THE RELOCATION OF COPPER AND FIBER OPTIC CABLES NECESSARY
FOR THE HIGHWAY 112 WIDENING PROJECT BETWEEN RAZORBACK ROAD AND
GARLAND AVENUE WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE
NOT TO EXCEED $33,476.50
WHEREAS, the Arkansas Highway and Transportation Department's Utility Accommodation Policy
provides for reimbursement to utility owners when utilities within private easements outside of the
highway right of way must be relocated; and
WHEREAS, the widening of Highway 112 between Razorback Road and Garland Avenue necessitated
the relocation of utilities owned by the University of Arkansas, some of which are located in private
easements and, therefore, qualify for reimbursement by the City; and
WHEREAS, 80% of the qualifying relocation costs are covered by federal -aid funding with the
remainder to be paid by the City of Fayetteville; and
WHEREAS, the University of Arkansas, as the owner and installer of the copper and fiber optic cables
and as owner of the private easements in which the utilities will be relocated, is the only appropriate
party to relocate its utilities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines the
above -stated facts constitute an exceptional situation in which competitive bidding is deemed not
feasible or practical and therefore waives the requirements of formal competitive bidding and approves
a utility relocation agreement with the University of Arkansas for the relocation of copper and fiber
optic cables necessary for the Highway 112 widening project between Razorback Road and Garland
Avenue with the amount to be paid by the City of Fayetteville not to exceed $33,476.50.
City of Fayetteville, Arkansas Page 1 Printed on 2/18/2015
City of Fayetteville Staff Review Form
2015-0035
Legistar File ID
2/3/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 1/16/2015 Engineering /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of an Agreement with the University of Arkansas for Utility Relocations on Highway 112 (Maple Street)
between Razorback Road and Garland Avenue
06035.9555.5809.00
Account Number
06035
Budget Impact:
Sales Tax 2013 Street Improvements
Fund
Transportation Bond Street Improvements
Project Number Project Title
Budgeted Item? Yes Current Budget $ 16,571,673.55
Funds Obligated $
Current Balancex xsr§571
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
# Remaining Budget z &,i714�s
Previous Ordinance or Resolution # 15-03; 16-03
Original Contract Number:
V20140710
Approval Date: �—lI—V: J
Comments: Payment for this work will be made to the AHTD, not directly to the University, per the agreement with
AHTD approved by Resolution 15-03. No funds should be encumbered in favor of the University of
Arkansas for this item.
CITY OF
Faye evi le
ARKANSAS
MEETING OF FEBRUARY 3, 2015
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Chris Brown, City Engineer
DATE: January 15, 2015
SUBJECT: Agreement with the University of Arkansas for Utility Relocations on
Highway 112 (Maple Avenue) Between Razorback Road and Garland Avenue
RECOMMENDATION:
Staff recommends approval of an agreement with the University of Arkansas for utility
relocations on Highway 112 as part of the widening project between Razorback Road and
Garland Avenue. This agreement will be paid with federal aid funds (80%) and City matching
funds (20%).
BACKGROUND:
City Council passed Resolution No. 15-03 on February 4, 2003, approving an Agreement Of
Understanding with the Arkansas Highway and Transportation Department (AHTD) to design
and construct Highway 112 (Razorback Road and Maple St.) from MLK Jr. Blvd. to Garland
Avenue. The Council also passed Resolution 16-03 authorizing the Mayor to sign any
agreements necessary to further the project. This project will provide 4 travel lanes, with turning
lanes at major intersections, and three new signals. Sidewalks will be provided on both sides.
The original agreement was for a federal aid funding amount of $1 million. The agreement has
been amended twice to add additional funding through the Surface Transportation Program -
Attributable Funds (STP -A). The current funding allocation, in the amount of $2.4 million in
federal aid funds matched by $600,000 in local funds, is for the Maple Street portion, between
Razorback Road and Garland Avenue.
DISCUSSION:
The AHTD has presented the City with contracts for relocation of utilities, based on their Utility
Accommodation Policy. Their policy provides for reimbursement to utility companies when they
are located within private easements, outside of the highway right of way. Any facilities within
the right of way must be relocated at the utility's expense. With this particular contract,
approximately 54% of the relocations are outside of the right of way; therefore the
reimbursement percentage is 54.09%. This reimbursable amount is estimated to be
$167,382.51.
BUDGET/STAFF IMPACT:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
As noted above, federal aid funding is providing 80% of the funding for this work; therefore, the
City's share in the $167,382.51 reimbursable amount is $33,476.50. The reimbursable amount
of the contract will be paid to the University of Arkansas by the AHTD, and the City will pay our
share to the AHTD at the time of construction bids for the widening work. Payment for this work
is included in the $600,000 matching requirement for the project. Therefore, no funds should be
encumbered at this time for this work.
Attachments:
UofA Agreement
Resolution 15-03
Resolution 16-03
AHTD STIP Amendment (Federal Aid Funding Approval)
Rev. 01-31.2013
CITY -UTILITY RELOCATION AGREEMENT
Between
The City of Fayetteville
And
The University of Arkansas
Project No. 040582
FAP STPU-9142(35)
Location Razorback Rd. — Garland
Ave. (Hwy. 112)(Fayetteville)(S)
X01 THIS AGREEMENT, made and entered into day of
-" 20 IC , by and between the City of Fayetteville,
Arkansas, cting by and through its duly authorized officials, hereinafter
referred to s the "City", and the University of Arkansas of Fayetteville,
Arkansas acting by and through its duly authorized representatives,
hereinafter referred to as the "Owner". -
The City proposes to make highway improvements as specified under
the above referenced job number, and the Owner will adjust or relocate its
existing facilities as set out in the attached plans and cost estimate.
The City has requested that the Arkansas State Highway and
Transportation Department assist the City by providing technical assistance
for cost estimate and plan approval, for making the contractual arrangements
between City and Owner, and for processing payment for reimbursement.
This agreement is governed by all applicable State and Federal laws,
rules, and regulations including the Arkansas State Highway Commission
Utility Accommodation Policy adopted by Commission Minute Order 2010-146
as amended and supplemented, the Federal Aid Program Guide on Utility
Adjustments and Accommodation on Federal Aid Highway Projects as
amended and supplemented, and the provisions of 23 CFR § 645 as
amended and supplemented.
DESCRIPTION OF WORK: See Exhibit A on Page 4
The required adjustment Is 54.09% eligible for reimbursement for the actual
cost which is estimated to be $309.451.86 of which $167.382.51 is to be
paid by the City/Department and $142.069.35 is to be borne by Owner.
(1) FHWA PORTION 80.00% (2) CITY PORTION 20.00%
(3) STATE PORTION 0.00%
Page 1 of 4
Rev. 01.31.2013 Job 040582
University of Arkansas
Owner will not commence work until authorized by the City/Department
and will then endeavor to begin within 5 days and complete within 90 days
thereafter.
On completion of said work, Owner is responsible for the cleanup and
restoration of the work area including the disposal of surplus materials and
debris.
(1) Expenses incurred under an actual cost agreement may be billed to
the City/Department monthly in increments of $5,000.00 or more.
(2) Payment will be 100% of lump sum bills and actual cost bills, at the
discretion of the Department a 10% retainage can be withheld and released
upon completion of an audit review. All final bills for utility relocation are
subject to review and audit by state and/or federal auditors.
(3) Final billing must include all supporting detail. Owner shall also
submit one (1) set of as -built drawings at this time.
Owner must maintain cost records and accounts to support the agreed
adjustment/relocation work. Said records to be retained and available for
inspection for a period of three (3) years from date of final payment.
Owner shall be responsible for any and all hazards to persons,
property, and traffic arising out of Owner's obligations pursuant to this
agreement.
With respect to traffic control, Owner shall adhere to the requirements
of the Manual of Uniform Traffic Control Devices as amended and
supplemented.
To the extent applicable to this agreement, the Owner shall comply
with the Buy America requirements (as specified in 23 U.S.C. 313 and 23
CFR 635.410). The Owner is not required to change its existing standards for
materials as long as the Buy America requirements are met. Buy America
requirements take precedence over regulations pertaining to the
accommodation or regulation of the Owner's facilities (as specified in 23 CFR
645) on contracts and agreements involving Federal -Aid Highway Program
funding and precedence over regulations which allow the Owner to furnish
materials from company stock (as specified on 23 CFR 645.117(e)).
Company Stock materials that do not meet Buy America requirements may
not be permanently incorporated into a Federal -Aid Highway Program funded
project. The Owner must provide a definitive statement that all products
permanently incorporated into the project are covered under the Buy America
requirements. This requirement is fulfilled via proper signature and
submission of the statement of charges form. In some circumstances, a
waiver of the Buy America requirements may be granted by the Federal
Highway Administration, to be determined on a project -by -project basis.
Page 2 of 4
Rev. 01.31.2013
Job 040582
University of Arkansas
Owner shall save the City/Department, Its officers and employees
harmless in all circumstances.
Notwithstanding anything hereinbefore written, neither the Owner nor
the City by execution of this agreement waives or relinquishes any rights
which either may legally have within the limits of the Law or Constitution,
either State or Federal.
City of yettev University of
a � NamL2j
Timothy 1.O'Donnell
interim Vice Chancellor for Finance and —
Administration
Board of Trustees of the University of Arkansas
acting for and on behalf of The University of Arkansas,
Fayetteville
Page 3 of 4
Rev. 01-31-2013
EXHIBIT A
Job 040582
University of Arkansas
Adjust communications facilities to clear highway construction by abandoning
approximately 1,320 feet of buried copper cable and 1,320 feet of buried fiber optic
cable complete with appurtenances. Restore service by Installing approximately
1,529 feet of buried copper cable and 2,145 feet of buried fiber optic cable
complete with appurtenances. Of the 2,640 linear feet of cable to be.abandoned,
1,428 linear feet is located on private easement; therefore, this work Is 1,428 1
2,640 = 54.09% reimbursable.
This work is to be accomplished with company and continuing contract forces.
Summary of Cost
Construction $ 264,384.12
Labor, Company Forces $ 5,337.74
Construction Management $ 10,030.00
Construction Encineerino $ 29.700.00
TOTAL COST $ 309,451.86
Reimbursable Cost $309,451.86 x 54.09% = $167,382.51
Page 4 of 4
A*.EEMENT OF UNDERSTANDING•
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
• U.S. Department of Transportation, Federal Highway Administration (FHWA)
RELATIVE TO
Widening HWy. 112 from Hwy. 180 (6t° Street) to Garland Avenue (hereinafter called "the
project") utilizing Federal -aid Surface Transportation Program (SIP) funds.
WHEREAS, the Transportation Equity Act for the Twenty-first Century provides 80%
Federal -aid funds to be matched with 20% local funds (cash match) for improvements to eligible
mutes, and
WHEREAS, the City of Fayetteville (hereinafter called "City") has expressed its desire to use
Federal -aid funds for an eligible project and to provide necessary matching cash share for such
funds, and
WHEREAS, each project phase will be funded as follows, subject to a limit of $1,000,000 in
Federal-STP funding_
Fe % State % City %
Preliminary Engineering 0 100 0
Right -of -Way -- 80 0 20
Utilities: 80 0 20
Construction: 80 0 20
Construction Engineering. 80 0 20
,.and
WHEREAS, it is specifically agreed between the parties executing this agreement that it is not
intended by any of the provisions or any part of the agreement to make the public or any member
thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to
maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions
of this agreement, and
WHEREAS, the City understands that the Arkansas State Highway and Transportation
Department (hereinafter called "Department") will adhere to the General Requirements for
Recipients and Sub -recipients Concerning Minority Business Enterprises as stated on Attachment
IT IS HEREBY AGREED that the City and the Department, in cooperation with the Federal
Highway Administration, will participate in a cooperative program for implementation and will
accept the responsibilities and assigned duties as described hereinafter.
THE CITY WIIL:
1. Transmit to the Department a signed and sealed copy of the Resolution (Attachment B) from
the City Council which requests the project and authorizes the Mayor to execute contracts
with the Department.
2. Upon request. submit to the Department $35,000.00 before preliminary engineering by the
Department begins.
• 3. Be responsible for the 20% match for the cost of construction, construction engineering,
appraisal and acquisition of right-of-way, relocation services (when .acquired). and
adjustment of all man-made improvements, including utilities. NOTED The maximum
• ,amount of Federal STP funding available for this project is $1 million.
4. Be responsible for 100% of all right-of-way, utility. construction and construction
engineering costs not provided by the Federal Highway Administration.
5. Submit a letter to the Right of Way Division of the Department which either (1) stipulates
the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the
City will assume or (2) requests that the Department handle some or all of these services.
6. Be responsible for 100% of all right-of-way and utility costs incurred should the.City not
enter into the construction phase of the project
7. Submit to the Department the local matching share of the total estimated cost before the
project is awarded to contract.
8. Make no alterations to the improvements constructed with Federal -aid funds without first
consulting with the Department.
9. Assure that its policies and practices with regard to its employees, any pan of whose
compensation is reimbursed from federal funds, will be without regard to race, color,
religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
THE DEPARTMENT Will
1. Be responsible for administering Federal -aid funds and for project construction supervision.
2. Be responsible for 100% of the cost of developing plans and specifications for the project.
3. When requested, provide the necessary services relative to right-of-way acquisition,
appraisal. relocation, and utility adjustments and will be reimbursed for costs involved in
performing these services.
IT IS FURTHER AGR®St should the City fail to fulfill its t usibilities and assigned
duties as related in this Agreement, such failure will disqualify the City from receiving future
Federal -aid highway funds.
If IS FURTHER AGREED, that should the City fail to pay to the Department any required funds
due for project implementation or fail to complete the project as specified in this Agreement, the
Department may cause such funds as may be required to be withheld from the City's gasoline tax
allotment
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this day of
ARKANSAS STATE HIGHWAY CITY OF
AND TRANSPORTATION DEPARTMENT FAYETCEVILIE
Dan Flowers
Director of Highways and Transportation
i
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING MINORITY BUSINESS ENTERPRISES
Attachment A
It is the policy of the U. S. Department of Transportation that minority business
enterprises (MBEs) as defined in 49 CFR Part 23 shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part with Federal funds
under this Agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to
this Agreement.
The recipient or its contractor agrees to ensure that MBEs as defined in 49 CFR
Part 23 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that MBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a minority business enterprise affirmative action program which the recipient
agrees to carry out, this program is incorporated into this financial assistance agreement
by reference. This program shall be treated as a legal obligation and failure to carry out
its terms shall be treated as a violation of this financial assistance agreement. Upon
notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which
sanctions may include termination of the Agreement or other measures that may affect the
ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in Subsection 23.43(a) shall constitute a
breach of contract and after the notification of the Department, may result in termination
of the agreement or contract by the recipient or such remedy as the recipient deems
appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
MICRO•I.MED
• RR AHIGHWAY
ANSAS STATE HIGHWA
AND
TRANSPORTATION DEPARTMENT
Dan Flowers
P.O. Box 2261
Director
qN)
Link Rock, Arkansas 72203-2261
Telephone (501) 569-2000
I a Telcctax (501) 569-2400
9FC�f�
May 5, 2003
7�p
,ygo,�F
7
The Honorable Dan Coody
gs�>
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Re: Job 040418
F.A.P. STP-9142(14)
Hwy. 180 -Garland Ave.
(Hwy. 112) (Fayetteville) (S)
Washington County
Dear Mayor Coody:
As referenced above, State and Federal -aid numbers have been assigned for the City's
Federal -aid project. Enclosed is your copy of the executed Agreement of Understanding.
As previously discussed, due to the backlog of projects programmed and limited funding, it
will be several years before construction can begin. We will postpone requesting the City's
initial deposit of $35,000 until prior to beginning preliminary engineering.
If you have any questions, please contact Steve Morgan in our Programs and Contracts
Division at (501) 569-2261.
Enclosure
Robert L. Walters
Chief Engineer
•
AGKEEMENT OF UNDERSTANDING •
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation. Federal Highway Administration (FHWA)
RELkTIVE TO
Widening Hwy. 112 from Hwy. 180 (6`s Street) to Garland Avenue (hereinafter called "the
project") utilizing Federal -aid Surface Transportation Program (STP) funds.
WHEREAS, the Transportation Equity Act for the Twenty-first Century provides 80%
Federal -aid funds to be matched with 20% local funds (cash match) for improvements to eligible
routes, and
WHEREAS, the City of Fayetteville (hereinafter called "City") has expressed its desire to use
Federal -aid funds for an eligible project and to provide necessary matching cash share for such
funds, and
WHEREAS, each project phase will be funded as follows, subject to a limit of $1,000,000 in
Federal_ STP-funding: —
Federal %
State %
City %
Preliminary Engineering:
0
100
0
Right -of -Way:
80
0
20
Utilities:
80
0
20
Construction:
80
0
20
Construction Engineering:
80
0
20
,and
WHEREAS, it is specifically agreed between the parties executing this agreement that it is not
intended by any of the provisions or any part of the agreement to make the public or any member
thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to
maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions
of this agreement, and
WHEREAS, the City understands that the Arkansas State Highway and Transportation
Department (hereinafter called "Department") will adhere to the General Requirements for
Recipients and Sub -recipients Concerning Minority Business Enterprises as stated on Attachment
A,
IT IS HEREBY AGREED that the City and the Department, in cooperation with the Federal
Highway Administration, will participate in a cooperative program for implementation and will
accept the responsibilities and assigned duties as described hereinafter.
THE CITY WILL:
1. Transmit to the Department a signed and sealed copy of the Resolution (Attachment B) from
the City Council which requests the project and authorizes the Mayor to execute contracts
with the Department.
2. Upon request, submit to the Department $35,000.00 before preliminary engineering by the
Department begins.
3. Be responsible for the 20% match for the cost of construction, construction engineering,
appraisal and acquisition of right-of-way, relocation services (when ..required). and
adjustment of all man-made improvements, including utilities. NOTE: The maximum
amount of Federal STP funding available for this project is $1 million.
4. Be responsible for 100% of all right-of-way, utility, construction and construction
engineering costs not provided by the Federal Highway Administration.
5. Submit a letter to the Right of Way Division of the Department which either (1) stipulates
the services relative to right-of-way acquisition, appraisal. relocation, and utilities that the
City will assume or (2) requests that the Department handle some or all of these services.
6. Be responsible for 100% of all right-of-way and utility costs incurred should the City not
enter into the construction phase of the project.
7. Submit to the Department the local matching share of the total estimated cost before the
project is awarded to contract.
8. Make no alterations to the improvements constructed with Federal -aid funds without first
consulting with the Department.
9. Assure that its policies and practices with regard to its employees, any part of whose
compensation is reimbursed from federal funds, will be without regard to race, color,
religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
THE DEPARTMENT WELL:
1. Be responsible for administering Federal -aid funds and for project construction supervision.
2. Be responsible for 100% of the cost of developing plans and specifications for the project.
3. When requested, provide the necessary services relative to right-of-way acquisition,
appraisal, relocation, and utility adjustments and will be reimbursed for costs involved in
performing these services.
IT IS FURTHER AGREED slat should the City fail to fulfill its repnsibilities and assigned
duties as related in this Agreement, such failure will disqualify the City from receiving future
Federal -aid highway funds.
IT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds
due for project implementation or fail to complete the project as specified in this Agreement, the
Department may cause such funds as may be required to be withheld from the City's gasoline tax
allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this _{— day of
2092.
;eo3
ARKANSAS STATE HIGHWAY CITY OF
AND TRANSPORTATION DEPARTMENT FAYEITEVILLE
Dan owers
[QYVDirector of Highways and Transportation
SAttachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING MINORITY BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that minority business
enterprises (MBEs) as defined in 49 CFR Part 23 shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part with Federal funds
under this 'Agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to
this Agreement.
The recipient or its contractor agrees to ensure that MBEs as defined in 49 CFR
Part 23 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that MBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a minority business enterprise affirmative action program which the recipient
agrees to carry out, this program is incorporated into this financial assistance agreement
by reference. This program shall be treated as a legal obligation and failure to carry out
its terms shall be treated as a violation of this financial assistance agreement. Upon
notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which
sanctions may include termination of the Agreement or other measures that may affect the
ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in Subsection 23.43(a) shall constitute a
breach of contract and after the notification of the Department, may result in termination
of the agreement or contract by the recipient or such remedy as the recipient deems
appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
0 •
NAME OF FILE: Resolution No. 15-03
CROSS REFERENCE:
lion, It na*a Document
1
01/21/03
Resolution 15-03 w/agreement
2
01/21/03
Staff Review Form w/attachments
3
02/18/03
memo to Jim Beavers
NOTES:
FAYETTEV?LLE S
lNl CITY Or PAYITTIV*UI, ASIUNSAS
DEPARTMENTAL CORRESPONDENCE
To: Jim Beavers
Engineering Division
From: Clarice Buffalohead-Pearman
City Clerk's Division
Date: 2 /1 812 00 3
Re: Res. 15-03
Attached you will find an executed copy of the above referenced resolution, passed by the City
Council on February 4. 2003 approving the Agreement of Understanding with the AHTD for
preliminary engineering services to widen Razorback Road. Also attached you will find the
Agreement of Understanding with the mayors signature. Please obtain Mr. Flowers' signature on
the agreement. Upon the return of the agreement please make your division a copy of the
agreement and return the original agreement to the city clerk's office.
Thank you for your cooperation, if anything else is needed please let the city clerk's office know.
/cbp
Attachments
cc: Nancy Smith, Internal Auditor
STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of February 4.2003
FROM:
Jim Beavers Engineering CPE Services
Name Division Department
ACTION REQUIRED:
1. Approval of a resolution to a cost share with the University of Arkansas to fund the
preliminary engineering agreement with the Arkansas Highway and Transportation Department
for preliminary engineering services relative to Razorback Road (Highway 112) from 60i Street
(Highway 180) to Garland/Maple (Highway 112). The total costs of the agreement shall be
$35,000.00 with the City's share to be one-half totaling $17,500.00.
2. Approval of the "Agreement of Understanding Between the City of Fayetteville and The
Arkansas Highway and Transportation Department".
3. Approval of the "Federal -Aid Project Resolution" as submitted as "Attachment B" by the.
Arkansas Highway and Transportation Department.
COST TO CITY:
$ 17,500
$350,000
Street Impvt
Cost ot"tTus Request
tegorylect
Budget 2003 Category�ject Name
4470.9470.5809.00
$0
Cost Shares
Account Number
Fund's Used To Date
2003 Program Name
02116-10
$332,500
Sales Tax
Project Number
Remaining Balance 2003 Fund—
BuC RE V W: - z Budgeted Item
Budget Adjustment Attached
Budget
Finance and Intema Services Director
fl
CO RA RANT/LEASE REVIEW:
1 1/17/0?
Accounting Manager
c-7
City Edey,� Date
i/n/os
Purchasing Officer Date
STAFF RECOMMENDATION: Approval
oa/7-03
Di ion Head Date
Deparonent Director Date
Finance and Internal Services Director
GRANTING AGENCY:
(/11/03
Internal AuditoO Date
ADA Coordinator Date
Grant Coordinator Date
Cross Reference
New Item Yes2_ No
Prev Ord/Res k:
Date
Orig Contract Date:
Orig Contract No:
STAFF REVIEW FORM Page 2
Description Razorback Road Agreement of Understanding
Meeting Date February 4.2003
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Grant Coordinator
• RESOLUTION NO. 16-03 •
A RESOLUTION EXPRESSING THE WILLINGt 39e 'Jr
THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID
MONIES FOR THE FOLLOWING CITY PROJECT: WIDENING
HIGHWAY 112 (RAZORBACK ROAD) FROM HIGHWAY 180
(6Ttt STREET) TO GARLAND AVENUE
WHEREAS, the City of Fayetteville understands Federal -aid Surface Transportation
Program funds are available for certain local projects at the following federal participating ratios:
Work Phase Federal Share State Share City Share
Preliminary Engineering 0% 100% 0%
Right-of-way 80% 0 % 20%
Utilities 80% 0% 20%
Construction 80% 0% 20%
Construction Engineering 80% 0% 20%
City projects programmed -
but nor let to contract
Right-of-way 0% 0% 100%
Utilities 0% 0% 100%
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section I. That the City Council of the City of Fayetteville, Arkansas hereby agrees
that the City will participate in accordance with its designated responsibilities in this project.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
authorizes Mayor Dan Coody or his designee to execute all appropriate agreements and contracts
necessary to expedite the construction of this project.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges
the City's full support and hereby authorizes the Arkansas State Highway and Transportation
Department to initiate action to implement this project.
PASSED and APPROVED this the At° day of February, 2003.
�` S -4, APPROVED
a tt
i �+ ; DAN COODY, Ma r
A I•�utpitl f.0V�
By
3k.
Son ra Smith, City erk PN
NAME OF FILE: Resolution No. 16-03
CROSS REFERENCE:
Item # Date uocumem
1
02/04/03
Resolution 16-03
2
01121/03
Staff Review Form wlattachments
draft resolution: Federal Aid Project
1115102 memo to Street Committee
3/27102 letter to Dan Flowers, P.E.
719/02 letter to Dan Coody
7/30102 letter to Donald O Pederson
8/2102 fax from Donald.O. Pederson
3
02/18/03
memo to Jim Beavers
NOTES:
FAYETTEV?LLE 0
INr CITY Of cAYFStcVRIT. ASKANSAS
DEPARTMENTAL CORRESPONDENCE
To:
Jim Beavers
Engineering Division
From:
Clarice Buffalohead-Pearman
City Clerk's Division
Date:
2/18/2003
Re:
Res.16-03
Attached you will find an executed copy of the above referenced resolution, passed by the City
Council on February 4, 2003, expressing the city's willingness to utilize federal -aid monies for
widening Razorback Road.
It anything else is needed please let the city clerk's office know.
/cbp
Attachments
cc: Nancy Smith, Internal Auditor
9
STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of February 4.2003
FROM:
Jim Beavers Engineering CPE Services
Name Division Department
ACTION REQUIRED:
I. Approval of a resolution to a cost share with the University of Arkansas to fund the
preliminary engineering agreement with the Arkansas Highway and Transportation Department
for preliminary engineering services relative to Razorback Road (Highway 112) from 6th Street
(Highway 180) to Garland/Maple (Highway 112). The total costs of the agreement shall be
$35,000.00 with the City's share to be one-half totaling $17,500.00.
2. Approval of the "Agreement of Understanding Between the City of Fayetteville and The
Arkansas Highway and Transportation Department".
3. Approval of the "Federal -Aid Project Resolution" as submitted as "Attachment B" by the
Arkansas Highway and Transportation Department..
COST TO CITY:
$ 17.500 $350.000 Street Im vt
ost olthis Request gte lec�eet2003 tegCa ory eetName
4470.9470.5809.00 $0 Cost Shares
Account Number Funds Used Tooate2063 Program
02116-10 $332.500 Sales Tax
Project Number Remaining Balance 2003 Fund—
BRE W: x Budgeted Item _ Budget Adjustment Attached
Beset t ena ems' Finance and Internal Services Director
[1
Co RAC RANTILEASE REVIEW:
•7/lGk5�a Q� I1j / 1 /7f 3
Accounting Manager Date
CityAttostey Date
t/fl/0-3
Purchasing Officer Date
STAFF RECOMMENDATION: Approval
.4 0rly"03
Di ion Head Date
Department Director Date
��I 2 03
Finance and Internal Services Director
GRANTING AGENCY:
7/0 3
Internal Audito Date
ADA Coordinator Date
Grant Coordinator Date
New Item Yess.. No
Prev Ord/Res p:
Date
Orig Contract Date:
Orig Contract No:
•
STAFF REVIEW FORM Page 2
Description Razorback Road Agreement of Understanding
Meeting Date February 4.2003
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Grant Coordinator
• • • • Attachment B
FEDERAL -AID PROJECT RESOLUTION
RESOLUTION NO.
A RESOLUTION EXPRESSING THE WILLINGNESS OF
THE CITY OF FAYETTEVILLE
TO UTILIZE FEDERAL -AID MONIES
FOR THE FOLLOWING CITY PROJECT:
Widening Hwy. 112 from Hwy. 180 (6" Street) to Garland Avenue
WHEREAS, the City of Fayetteville understands Federal -aid Surface Transportation Program funds are
available for pertain local projects at the following federal participating ratios:
Work Phase Federal Share State Share City Shale
Preliminary Engineering 0% 100% 0%
Right -of -Way 80% 0% 20%
Utilities 80% 0% 20%
Construction 80% 0% 20%
Construction Engineering 80% 0% 20%
City projects programmed Right -of -Way 0% 0% 100%
but not let to contract Utilities 0% 0% 100%
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
• FAYETTEVILLE, ARKANSAS. THAT:
SECTION I: The City will participate in accordance with its designated responsibilities in this
project
SECTION 11: Mayor Dan Coody or his designee is hereby authorized and directed to execute
all appropriate agreements and contracts necessary to expedite the construction of this project.
SECTION III: The City pledges its full support and hereby authorizes the Arkansas State
Highway and Transportation Department to initiate action to implement this project.
THIS RESOLUTION adopted this day of - • 2W2
Dan Coody
Mayor
ATTEST:
A2M4- q�cic—
(SEAL)
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE/PUBLIC WORKS DEPARTMENT
TO:
FAYETTEVILLE STREET COMMITTEE
Bob Davis, Chairman; Lioneld Jordan, Alderman; Don Marr,
Alderman; Robert Reynolds, Alderman
COPY:
Mayor Dan Coody, Jim Beavers, Heather Woodruff, Hugh
Earnest, Terry Gulley, Tim Conklin
FROM:
Greg Boettcher, Public Works Director
DATE:
January 15, 2003
RE:
Razorback Road Improvement Project
Federal -aid Surface Transportation Program
BACKGROUND
Representatives of the University of Arkansas met with Fayetteville City
Administration in early 2002 to discuss the concept of improving Razorback Road from
South Street north to the intersection of Garland Avenue and Maple Street. The
University had developed a preliminary schematic of widening and wished to collaborate
with the City on such capital improvement project. Since this improvement would.
connect two pending improvement projects (Razorback Road improvements from 15th to
6t° Street and Garland Avenue improvements from Wedington to Maple), it was deemed
an essential link in a major transportation corridor. Also, since the road was under the
jurisdiction of the Arkansas State Highway and Transportation Department (AHTD) as
Highway 180, the improvement project could be eligible for state/federal assistance.
Mayor Coody has requested the AHTD to consider funding of this critical road
improvement project due to its connectivity to other major corridors. On July 9, 2002,
the AHTD responded to this request by forwarding an "Agreement of Understanding
between the City of Fayetteville and the Arkansas State Highway and Transportation
Department". On July 30, 2002, Mayor Coody advised the University of Arkansas of the
AHTD participation agreement and requested that the University of Arkansas financially
participate in and support this activity. A fax was received from the University on
August 2, 2002 from Mr. Pederson confirming the 50-50 cost share on the preliminary
engineering cost of $35,000.00. Copies of the correspondence are attached.
RECOMMENDATION
It is recommended that the Fayetteville Street Committee approve the preliminary
engineering activities on Razorback Road Improvement Project with the net cost to the
City of Fayetteville being $17,500.00. This agreement shall need to then proceed to the
City Council for approval and authorization of the mayor's execution of the Agreement of
Understanding.
. ' AYE'TTEV4LLE
March 27.2002
Nir. Dan Flowers, P.E.
Arkansas State Hwy. & Traawtation Dees.
P.O. Box 2261
Little Rock, AR 72209
RE: Surface Transportaiian Program (SIP)
RamrbactRoad (Slaae Hwy -265)
Fayetteville. Washington Coumy, Arias
Dew it Flowers.
Faydteville's surface transportation system is becoming ugly inadequate
for thepoblic's transportation needs. Continued community growth coupled with the
tmique demands of the University of Arkansas campus require infrastructure
improvement projects that exceed local resources. To alleviate a pressing local
mica sytnm de6rimc}, the City .up.fnndiog 2e dance for the
improvement of Razorback Road, beginning at Sixth St and continuing north to Garland
Avenue. It is understood that the $4 — 6 million project may obtain financial assistance
smiler Arkansas Highway and Transportation Program Mn Iororporation of the
Razorback Road Project into the Si? work plan is requested. In addition to providing a
critically needed interior transportation corridor; this activity may provide long-term
benefits by big an inatitrniomal drive ofthe University of A*mnw. Discussions
with Don Pederson, Vice Chancellor of Finance at the University of Arkansas have
confirmed this project to be a high priority for them, as it is for the City
The construction of this seg e t ofRazorback Road is a crucial link between
otter transportation projects, and is essential for realization of full benefits from other
projects. North of this project, the improvement of Garland Aveaae, from Maple Stmd
to Wedington Drive is nearing start of construction. South of this project, improvement
of Razorback Road from Sixth Street to FiP-nth St is scheduled; completion expected
in the next two to three years. Full function and benefit of these transportation projects
depends upon completion of the requested Razorback Road Improvements (see attached
location map).
Fayetteville has placed a strong emphasis on local traasptMa1on needs and is
see»rmg a cprmdtat to pat.nn cr a bn.civc traffic study. This expected traffic
.mresrwournSrsa awwrm
. . assflaw
Dan flowers
Aransas Highway A Ta .a,O1t1m Dept
Pagc2
analysis will fluter validate the need for Razorback Road Improvements as well as
identify and prioritize other needs. It is requested that the Arkansas State Highway and
Transportation Department include this middle segment of Razorback Road
Improvements in its STP finding schedule. granting this need a high priority.
Should there be any questions, or if additional information is needed, please don't
hesitate to eoatact me at 479-575-8330.
Sincerreelly,
Den Coody
Mayon'
Greg Boettcher, Public Worts Director
Jim Beavers, City Engineer
Don Pederson. University of Arkansas
IoaathaaBamett, Arkansas State Highway Cron
•
ARKSAS STATE HIGHWAY COAISSION
JONATHAN BARNETT
JOHN TI',IJPTON. CMUIeuII laalr MrMMIas
J.W. BUDDY' BENAFlELD. Vice Cwuwwl
Rlss
'pJUL 15 2002 DAN FLOWERS
MARY P.'RISSYNICKERSON P.O. Box 2261 ptl1ECTm °t
i6lr.M CRY OF FAYEnEVILLGMAva AMn mo4v mAna,
Lmt.E RocK, ARxANSAs 72203J9 4R's OFFICE
TEIIPHONE No. (501) 569-2000
FAx No. (501) 569-2400
July 9, 2002
The Honorable Dan Coody
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Y -
Reference, is made to your most recent letter requesting that we program a deral-aid Surface
Transportation Program (SW) City project to widen Highway 112 (Razo ark Road) f
m
Highway 180 (6i° Street) to Garland Avenue in Fayetteville.
Enclosed is an Agreement of Understanding for the project that includes a sample resolution
(Attachment.B)_for.your. City Gouneil t0 pass.., Once the resolution is passed, please sign the
Agreement and return it with a signed and sealed copy of the resolution to the Department We
will then execute the Agreement and return a copy to you.
If you have any questions, please advise.
and Transportation
Enclosure
c: Commissioner Jonathan Barnett
Chief Engineer
EAYETTEV4LLE�
flcORYOP PAYMOVIJ a. APoW4SAa
July 30, 2002
Mr. Donald O. Pederson
Vice Chancellor for Finance and Administration
University of Arkansas
,406 Administration Building
Fayetteville, AR 72701
RE: Razorback Road Improvement Project
Highway 180 (6'a Street) to Garland Avenue
Federal -aid Surface Transportation Program
Dear Mr. Pederson,
Following our meeting earlier this year to discuss improvement concepts for
Razorback Road, I have pursued possible funding avenues for such a project One such
option was the use of the Federal -aid Surface Transportation Program (STP) to cover a
portion of the road improvement project costs. In response to this request, the Arkansas
___Highwayand Transportation Department has tendered an Agreement of Understanding
for this project. In essence, the project scope involves the improvement of Razorback
Road between 6th Street and Garland Avenue. It has been indicated that the University
of Arkansas is interested in the improvement of this road segment due to its connectivity
with the campus. Similarly, the City of Fayetteville has interest in the road improvement
due to its potential to improve the public transportation network. It appears that there are
shared benefits from this proposed project that accrue equally to the University of
Arkansas and the City of Fayetteville.
Under the STP program, this project would be eligible for 80% federal aid
towards allowable elements with a funding ceiling of $1,000,000.00. The 20% local
match, ineligible project activities and project costs above $1,000,000.00 must all be
secured to complete this project's financing program. At this time, the amount of local
matching funds needed is not known as first the preliminary engineering must be
completed. Once this preliminary design is available, a project budget will be developed
and funding sources secured. It is evident that this Razorback Road Improvement Project
win have a cost far exceeding the $1,000,000.00, therefore, local match funding must be
secured. Also, with the current economic conditions and the limited capital improvement
funding in the municipal budget, the use of municipal resources alone may not be feasible
for completion of the project's financing program.
113 WEST ,flJrrfnw rnm 473.521.7/00
r!l i7cfrC?
Donald Pederson
University of Arkansas
Page 2
In view of the University of Arkansas's interests in and benefits from this project,
would a funding partnership be possible with the University and City being equal
painters in the local match requirements? With respect to municipal utility relocation the
City of Fayetteville's Water & Sewer Division would bear the costs, and with respect to
additional rights -of -way, the University would provide easementslright of -way at no cost
to the project. These cooperative participations may bring the local share of the project
costs within our collective resources. I would appreciate the University's consideration of
this partnership as this represents the only viable financing program for the Razorback
Road Improvement Project.
While it is important that these arrangements be confirmed, these ate not an
immediate priority. It is considerably more important that the "Agreement of
Understanding" be approved enabling the Arkansas Highway and Transportation
Department to place the preliminary engineering design on its schedule. At such time as
the preliminary design enters the work flow, a payment of $35,000.00 will be required.
To confirm the University of Arkansas's interest in this project and its intent to partner
with the City on such improvement, it is requested that the University of Arkansas agree
to fund 50% of the preliminary engineering costs, or $17,500.00.
If you wish to meet to discuss this matter, please do not hesitate to contact me at.
575-8331. In order that this matter may be presented to the City Council at its August 20,
2002 meeting, I will need to complete our arrangements no later than Friday, August 2,
2002.
Sincerely,
Dan Coody
Mayor
cc: Greg Boettcher, Public Works Director
Jim Beavers, City Engineer
Steve Davis, Budget Manager
• 08/02/2002 1335
4795755400
LN1`J OF Amkx-14AS
fl . . Os
• • �2,fbtcc�
UNIVERSITY ARKANSAS
University of Arkansas, Fayetteville
Office of the Vice Chancellor for Finance & Administration
406 Administration Building
Fayetteville, AR 72701
Fax #479-575-5400
Number of pages including cover a Date:
Company sent to: Company name: C.^1 ATTN: C'42S
FAX Number (_)
Phone Number. (___)
Sent from:
Sender's name: Dnn Pedprsnn
Phone Number. (_479 ) c75 x828
Message/Notes:
s 4Ljs AX1 1c,_otck
If you have problems with this transmission, please call (479) 575-5828
08/82/2882 13:35 4795755400
••
Donald Pederson
Universityof Arkansas
Page 2
r�uc oh
In view of the University of Arkansas's interests in and benefits from this project,
would a funding partnership be possible with the University and City being equal
partners in the local match requirements? With respect to municipal utility relocation, the
City of Fayetteville's Water & Sewer Division would bear the costs, and with respect to
additional rights -of -way, the University would provide easements/right-of-way at no cost
to the project. These cooperative participations may bring the local share of the project
costs within our collective resources. I would appreciate the University's consideration of
this partnership as this represents the only viable financing program for the Razorback
Road Improvement Project.
While it is important that these arrangements be confined, these are not an
immediate priority. It is considerably more important that the "Agreement of
Understanding" be approved enabling the Arkansas Highway and Transportation
Department to place the preliminary engineering design on its schedule. At such time as
the preliminary design enters the work flow, a payment of 535,000.00 will be required.
To confirm the University of Arkansas's interest in this project and its intent to partner
with the City on such improvement, it is requested that the University of Arkan agree
to fund 50% of the preliminary engineering costs, or 517,500.00 a�
you wish
meet
i..-- this
If wiah to meet to discuss this matter, please do not hesitate to contact meat Qy
575-8331. In order that this matter maybe presented to the City Council at its August 20, ( I
2002 meeting, I will need to complete our arrangements no later than Friday. August 2,
2002.
Sincerely.
L(i
I f
Dan Coody
Mayor
cc: Greg Boettcher, Public Works Director
Jim Beavers, City Engineer
Steve Davis, Budget Manager
RESOLUTION NO. t5-03
A RESOLUTION TO APPROVE THE AGREEMENT OF
UNDERSTANDING BETWEEN THE CITY OF FAYETFEVILI-E
AND THE ARKANSAS HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR COST SHARING FOR THE PRELIMINARY
ENGINEERING WORK TO WIDEN RAZORBACK ROAD
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 approves the Agreement of Understanding between the City of
Fayetteville and the Arkansas Highway and Transportation Department
(attached as Exhibit A) relative to widening Razorback Road and requiring an
initial payment of $35,000 for preliminary engineering work by the Arkansas
Highway and Transportation Department.
PASSED and APPROVED this the 4th day of February, 2003.
tatitr,;
By: �tilAC�il f�% Ittitta/��
Sondra Smith, City Clerk
ISA
ASEMENT OF UNDERSTANDING•
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration (FHWA)
RELATIVE TO
Widening HWy. 112 from Hwy. 180(6th Street) to Garland Avenue (hereinafter called "the
project") utilizing Federal -aid Surface Transportation Program (Si?) funds.
WHEREAS, the Transportation Equity Act for the Twenty-first Century provides 80%
Federal -aid funds to be matched with 20% local funds (cash match) for improvements to eligible
routes, and
WHEREAS, the City of Fayetteville (hereinafter called "City") has expressed its desire to use
Federal -aid funds for an eligible project and to provide necessary matching cash share for such
funds, and
WHEREAS, each project phase will be funded as follows, subject to a limit of $1,000,000 in
Federal STP fundingi
Fe % State % City %%
Preliminary Engineering: 0 100 0
Rightof-Way: -- 80 0 20
Utilities: 80 0 20
Construction: 80 0 20
Construction Engineering: 80 0 20
..and
WHEREAS, it is specifically agreed between the parties executing this agreement that it is not
intended by any of the provisions or any part of the agreement to make the public or any member
thereof a thud party beneficiary hereunder or to authorize anyone not a party to this agreement to
maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions
of this agreement, and
WHEREAS, the City understands that the Arkansas State Highway and Transportation
Department (hereinafter called "Department") will adhere to the General Requirements for
Recipients and Sub -recipients Concerning Minority Business Enterprises as stated on Attachment
A.
if IS HEREBY AGREED that the City and the Department, in cooperation with the Federal
Highway Administration, will participate in a cooperative program for implementation and will
accept the responsibilities and assigned duties as described hereinafter.
•
•
THE CITY WI[L
1. Transmit to the Department a signed and sealed copy of the Resolution (Attachment B) from
the City Council which requests the project and authorizes the Mayor to execute contracts
with the Department.
2. Upon request, submit to the Department $35,000.00 before preliminary engineering by the
Department begins.
3. Be responsible for the 20% match for the cost of construction, construction engineering,
appraisal and acquisition of right-of-way, relocation services (when .required), and
adjustment of all man-made improvements, including utilities. NOTE: The maximum
.mount,of Federal STP funding available for this project is $1 million.
4. Be responsible for 100% of all right-of-way, utility, construction and construction
engineering costs not provided by the Federal Highway Administration.
5. Submit a letter to the Right of Way Division of the Department which either (1) stipulates
the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the
City will assume or (2) requests that the Department handle some or all of these services.
6. Be responsible for 100% of all right-of-way and utility costs incurred should the City not
enter into the construction phase of the project.
7. Submit to the Department the local matching share of the total estimated cost before the
project is awarded to contract.
8. Make no alterations to the improvements constructed with Federal -aid funds without first
consulting with the Department
9. Assure that its policies and practices with regard to its employees, any part of whose
compensation is reimbursed from federal funds, will be without regent to race, color,
religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21). Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
1. Be responsible for administering Federal -aid funds and for project construction supervision.
2. Be responsible for 100% of the cost of developing plans and specifications for the project.
3. When requested, provide the necessary services relative to right-of-way acquisition,
appraisal. relocation, and utility adjustments and will be reimbursed for costs involved in
performing these services.
IT LS FURTHER AGREED�t should the City fail to fulfill its re nsibilities and assigned
duties as related in this Agreement, such failure will disqualify the City from receiving future
Federal -aid highway funds.
IT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds
due for project implementation or fail to complete the project as specified in this Agreement, the
Department may cause such funds as may be required to be withheld from the City's gasoline tax
allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this __= day of
J/ ni 3662`
a�d3
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT
Dan Flowers '
Director of Highways and Transportation
CITY OF
FAYEPI'EVILLE
Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING MINORITY BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that minority business
enterprises (MBEs) as defined in 49 CFR Part 23 shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part with Federal funds
under this.'Xkreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to
this Agreement.
The recipient or its contractor agrees to ensure that MBEs as defined in 49 CFR
Part 23 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that MBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a minority business enterprise affirmative action program which the recipient
agrees to carry out, this program is incorporated into this financial assistance agreement
by reference. This program shall be treated as a legal obligation and failure to carry out
its terms shall be treated as a violation of this financial assistance agreement. Upon
notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which
sanctions may include termination of the Agreement or other measures that may affect the
ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in Subsection 23.43(a) shall constitute a
breach of contract and after the notification of the Department, may result in termination
of the agreement or contract by the recipient or such remedy as the recipient deems
appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
MICROWLMEi s�3
ARKANSAS DD
STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Dan flowers
P.O. Box 2261
Director
n
9H Little Rack, Arkansas 72203-2261
Telephone (501) 569-2000
To Tcicfax (501) 569-2400
May 5, 2003 Fc��F
The Honorable Dan Coody
Rsor>s
FF'eF`�c
Mayor of Fayetteville
113 Wcst Mountain
Fayetteville, AR 72701
Re: Job 040418
F.A.P. STY -9142(14)
Hwy. 180 -Garland Avc.
(Hwy. 112) (Fayetteville) (S)
Washington County
Dear Mayor Coody:
As referenced above, State and Federal -aid numbers have been assigned for the City's
Federal -aid project. Enclosed is your copy of the executed Agreement of Understanding.
As previously discussed, due to the backlog of projects programmed and limited funding, it
will be several years before construction can begin. We will postpone requesting the City's
initial deposit of $35,000 until prior to beginning preliminary engineering.
If you have any questions, please contact Steve Morgan in our Programs and Contracts
Division at (501) 569-2261.
Enclosure
Robert L. Walters
Chief Engineer
AGREEMENT OF UNDERSTANDING •
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration (FHWA)
RELATIVE TO
Widening Hwy. 112 from Hwy. 180 (6th Street) to Garland Avenue (hereinafter called "the
project") utilizing Federal -aid Surface Transportation Program (STP) funds.
WHEREAS, the Transportation Equity Act for the Twenty-first Century provides 80%
Federal -aid funds to be matched with 20% local funds (cash match) for improvements to eligible
routes, and
WHEREAS, the City of Fayetteville (hereinafter called "City") has expressed its desire to use
Federal -aid funds for an eligible project and to provide necessary matching cash share for such
funds, and
WHEREAS, each project phase will be funded as follows, subject to a limit of $1,000,000 in
Federal. STP. funding:
Federal %
State %
City %
Preliminary Engineering:
0
100
0
Right -of -Way:
80
0
20
Utilities:
80
0
20
Construction:
80
0
20
Construction Engineering:
80
0
20
,and
WHEREAS, it is specifically agreed between the parties executing this agreement that it is not
intended by any of the provisions or any part of the agreement to make the public or any member
thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to
maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions
of this agreement, and
WHEREAS, the City understands that the Arkansas State Highway and Transportation
Department (hereinafter called "Department") will adhere to the General Requirements for
Recipients and Sub -recipients Concerning Minority Business Enterprises as stated on Attachment
A.
IT IS HEREBY AGREED that the City and the Department, in cooperation with the Federal
Highway Administration, will participate in a cooperative program for implementation and will
accept the responsibilities and assigned duties as described hereinafter.
THE CITY WILL:
1. Transmit to the Department a signed and sealed copy of the Resolution (Attachment B) from
the City Council which requests the project and authorizes the Mayor to execute contracts
with the Department.
2. Upon request, submit to the Department $35,000.00 before preliminary engineering by the
Department begins.
3. Be responsible for the 20% match for the cost of construction, construction engineering,
appraisal and acquisition of right-of-way, relocation services (when ..required). and
adjustment of all man-made improvements, including utilities. NOTE: The maximum
•amount of Federal STP funding available for this project is $1 million.
4. Be responsible for 100% of all right-of-way. utility, construction and construction
engineering costs not provided by the Federal Highway Administration.
5. Submit a letter to the Right of Way Division of the Department which either (1) stipulates
the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the
City will assume or (2) requests that the Department handle some or all of these services.
6. Be responsible for 100% of all right-of-way and utility costs incurred should the City not
enter into the construction phase of the project.
7. Submit to the Department the local matching share of the total estimated cost before the
project is awarded to contract.
8. Make no alterations to the improvements constructed with Federal -aid funds without first
consulting with the Department.
9. Assure that its policies and practices with regard to its employees, any part of whose
compensation is reimbursed from federal funds, will be without regard to race, color,
religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
THE DEPARTMENT WILL:
I. Be responsible for administering Federal -aid funds and for project construction supervision.
2. Be responsible for 100% of the cost of developing plans and specifications for the project.
3. When requested, provide the necessary services relative to right-of-way acquisition,
appraisal, relocation, and utility adjustments and will be reimbursed for costs involved in
performing these services.
TT IS FURTHER AGREEDtat should the City fail to fulfill its reonsibilities and assigned
duties as related in this Agreement, such failure will disqualify the City from receiving future
Fedcrial-aid highway funds.
iT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds
due for project implementation or fail to complete the project as specified in this Agreement, the
Department may cause such funds as may be required to be withheld from the City's gasoline tax
allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this �*— day of
JAtip', &W — "M.
0 ,003
ARKANSAS STATE HIGHWAY CITY OF
AND TRANSPORTATION DEPARTMENT FAYETTEVILLE
Dan owers
Director of Highways and Transportation
• Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING MINORITY BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that minority business
enterprises (MBEs) as defined in 49 CFR Part 23 shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part with Federal funds
under this Agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to
this Agreement.
The recipient or its contractor agrees to ensure that MBEs as defined in 49 CFR
Part 23 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that MBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a minority business enterprise affirmative action program which the recipient
agrees to carry out, this program is incorporated into this financial assistance agreement
by reference. This program shall be treated as a legal obligation and failure to carry out
its terms shall be treated as a violation of this financial assistance agreement. Upon
notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which
sanctions may include termination of the Agreement or other measures that may affect the
ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in Subsection 23.43(a) shall constitute a
breach of contract and after the notification of the Department, may result in termination
of the agreement or contract by the recipient or such remedy as the recipient deems
appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
NAME OF FILE: Resolution No. 15-03
CROSS REFERENCE:
Item # Date Document
1
01121103
Resolution 15-03w/agreement
2
01/21103
Staff Review Form w/attachments
3
02/18/03
memo to Jim Beavers
NnTES•
FAYETTEV?LLE
Mt CITY Of FAYADVIUl. AIKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Jim Beavers
Engineering Division
From: Clarice Buffalohead-Pearman V' U
City Clerk's Division
Date: 2118/2003
Re: Res. 15-03
Attached you will find an executed copy of the above referenced resolution, passed by the City
Council on February 4, 2003 approving the Agreement of Understanding with the AHTD for
preliminary engineering services to widen Razorback Road. Also attached you will find the
Agreement of Understanding with the mayor's signature. Please obtain Mr. Flowers' signature on
the agreement. Upon the return of the agreement please make your division a copy of the
agreement and return the original agreement to the city clerk's office.
Thank you for your cooperation, if anything else is needed please let the city clerk's office know.
lcbp
Attachments
cc: Nancy Smith, Internal Auditor
STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of February 4.2003
FROM:
Jim Beavers Engineering CPE Services
Name Division Department
ACTION REQUIRED:
1. Approval of a resolution to a cost share with the University of Arkansas to fund the
preliminary engineering agreement with the Arkansas Highway and Transportation Department
for preliminary engineering services relative to Razorback Road (Highway 112) from 6th Street
(Highway 180) to Garland/Maple (Highway 112). The total costs of the agreement shall be
$35,000.00 with the City's share to be one-half totaling $17,500.00.
2. Approval of the "Agreement of Understanding Between the City of Fayetteville and The
Arkansas Highway and Transportation Department".
3. Approval of the "Federal -Aid Project Resolution" as submitted as "Attachment B" by the.
Arkansas Highway and Transportation Department.
COST TO CITY:
17.500
Cost or this Kequest
4470.9470.5809.00
Account Number
02116- 10
feet Number
$350.000
tegZa ory oar ect Budget 2003
0
Funds $Used To Date 2003
$332.500
Remaining alance 2603
BUOC RE W: x Budgeted Item
u get a8 c�
Street
L
etegorygeetName
Cost Shares
Program Name
Sun Tax
— Budget Adjustment Attached
Finance and Internal Services Director
•
Co RARANT/LEASE REVIEW:
1/17/03
Accounting Manager Date
eye
City / Date
Purchasing Officer Date
STAFF RECOMMENDATION: Approval
01-17-03
Dit ion Head Date
Department Director Date
�u1 1-2t e3
Finance and Internal Services Director
GRANTING AGENCY:
7/03
Internal Audito Date
ADA Coordinator Date
Grant Coordinator Date
Cross Reference
New Item Yes3� No
Prev Ord/Res #:
Date
Orig Contract Date:
Orig Contract No:
STAFF REVIEW FORM Page 2
Description Razorback Road Agreement of Understanding
Meeting Date February 4.2003
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Grant Coordinator
RESOLUTION NO. 14-03
A RESOLUTION TO APPROVE A COST SHARE: IN THE AMOUNT
OF $17,500.00 WITH THE UNIVERSITY OF ARKANSAS TO FUND
THE PRELIMINARY ENGINEERING SERVICES FOR RAZORBACK
ROAD IMPROVEMENT
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 approves a cost share with the University of Arkansas to pay the
Arkansas Highway Department $35,000.00 for preliminary engineering services
for Razorback Road improvement. The City of Fayetteville's share shall be
$17,500.00.
PASSED and APPROVED this the 4th day of February, 2003.
t FYErlc. Annowcn.
I
.e
A"ITS1
4hs.&46a L
Sondra Smith, City Clerk
By:
By:
DAN COODY, Mayor
AG•MENT OF UNDERSTANDING •
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration (FHWA)
RELATIVE TO
Widening Hwy. 112 from Hwy. 180 (6" Street) to Garland Avenue (hereinafter called "the
project") utilizing Federal -aid Surface Transportation Program (Si?) funds.
WHEREAS, the Transportation Equity Act for the Twenty-first Century provides 80%
Federal -aid funds to be matched with 20% local funds (cash match) for improvements to eligible
routes, and
WHEREAS, the City of Fayetteville (hereinafter called "City") has expressed its desire to use
Federal -aid funds for an eligible project and to provide necessary matching cash share for such
funds, and
WHEREAS, each project phase will be funded as follows, subject to a limit of $1,000,000 in
_ Federal STP funding: .__ ._._ ... — __..
Federal % Staj City %
Preliminary Engineering: 0 100 0
Right -of -Way: 80 0 20
Utilities: 80 0 20
Construction; 80 0 20
Construction Engineering: 80 0 20
and
WHEREAS, it is specifically agreed between the parties executing this agreement that it is not
intended by any of the provisions or any part of the agreement to make the public or any member
thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to
maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions
of this agreement, and
WHEREAS, the City understands that the Arkansas State Highway and Transportation
Department (hereinafter called "Department") will adhere to the General Requirements for
Recipients and Sub -recipients Concerning Minority Business Enterprises as stated on Attachment
A,
IT IS HEREBY AGREED that the City and the Department, in cooperation with the Federal
Highway Administration, will participate in a cooperative program for implementation and will
accept the responsibilities and assigned duties as described hereinafter.
THE CITY WILL:
1. Transmit to the Department a signed and sealed copy of the Resolution (Attachment B) from
the City Council which requests the project and authorizes the Mayor to execute contracts
with the Department.
2. Upon request, submit to the Department $35,000.00 before preliminary engineering by the
Department begins.
3. Be responsible for the 20% match for the cost of construction, construction engineering,
appraisal and acquisition of right-of-way, relocation services (when ..required), and
adjustment of all man-made improvements, including utilities. NOTE: The maximum
.amount of Federal STP funding available for this project is $1 million.
4. Be responsible for 100% of all right-of-way, utility, construction and construction
engineering costs not provided by the Federal Highway Administration,
5. Submit a letter to the Right of Way Division of the Department which either (1) stipulates
the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the
City will assume or (2) requests that the Department handle some or all of these services.
6. Be responsible for 100% of all right-of-way and utility costs incurred should the City not
enter into the construction phase of the project.
7. Submit to the Department the local matching share of the total estimated cost before the
project is awarded to contract.
8. Make no alterations to the improvements constructed with Federal -aid funds without first
consulting with the Department.
9. Assure that its policies and practices with regard to its employees, any part of whose
compensation is reimbursed from federal funds, will be without regard to race, color.
religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Tide 49 of the Code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
THE DEPARTMENT WILL:
1. Be responsible for administering Federal -aid funds and for project construction supervision.
2. Be responsible for 100% of the cost of developing plans and specifications for the project.
3. When requested, provide the necessary services relative to right-of-way acquisition,
appraisal, relocation, and utility adjustments and will be reimbursed for costs involved in
performing these services.
' IT IS FURTHER AGREED thoshould the City fail to fulfill its respolbilities and assigned
duties as related in this Agreement, such failure will disqualify the City from receiving future
Fedeial-aid highway funds.
IT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds
due for project implementation or fail to complete the project as specified in this Agreement, the
Department may cause such funds as may be required to be withheld from the City's gasoline tax
allotment
IN WITNESS WHEREOF, thepartiesthereto have executed this Agreement this L day of
_________•2002. AAII Q�I
CI
,2003
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT
Dan Flowers
Director of Highways and Transportation
CITY OF
FAYETTEVII.LE
• • Attachment A
GENERAL REQUIREMENTS
FOR
• RECIPIENTS AND SUB -RECIPIENTS
CONCERNING MINORITY BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that minority business
enterprises (MBEs) as defined in 49 CFR Part 23 shall have the maximum opportunity to
participate in the performance of contracts financed in whole or in part with Federal funds
under this Agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to
this Agreement.
The recipient or its contractor agrees to ensure that MBEs as defined in 49 CFR
Part 23 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in pan with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that MBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a minority business enterprise affirmative action program which the recipient
agrees to carry out, this program is incorporated into this financial assistance agreement
by reference. This program shall be treated as a legal obligation and failure to carry out
its terms shall be treated as a violation of this financial assistance agreement. Upon
notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which
sanctions may include termination of the Agreement or other measures that may affect the
ability of the recipient to obtain future DOT financial assistance.
The recipient shall adviseS each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in Subsection 23.43(a) shall constitute a
breach of contract and after the notification of the Department, may result in termination
of the agreement or contract by the recipient or such remedy as the recipient deems
appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
Attachment B
FEDERAL -AID PROJECT RESOLUTION
RESOLUTION NO. jg -o3
A RESOLUTION EXPRESSING THE WILLINGNESS OF
THE CITY OF FAYETTEVILLE
TO UTILIZE FEDERAL -AID MONIES
FOR THE FOLLOWING CITY PROJECT:
Widening Hwy. 112 from Hwy. 180 (61° Street) to Garland Avenue
WHEREAS, the City of Fayetteville understands Federal -aid Surface Transportation Program funds are
available for certain local projects at the following federal participating ratios:
Work Phase Federal Share State Shaze City Share
Preliminary Engineering 0% 100% 0%
Right -of -Way 809E 0% 20%
Utilities 80% 0% 20%
Construction 80% 0% 20%
Construction Engineering 80% 0% 20%
City projects programmed Right -of -Way 0% 0% 100%
but not let to contract Utilities 0% 0% 100%
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYEITEVILLE, ARKANSAS, THAT:
SECTION I: The City will participate in accordance with its designated responsibilities in this
project.
SECTION II: Mayor Dan Coody or his designee is hereby authorized and directed to execute
all appropriate agreements and contracts necessary to expedite the construction of this project.
SECTION III: The City pledges its full support and hereby authorizes the Arkansas State
Highway and Transportation Department to initiate action to in-.plement this projecL
THIS RESOLUTION adopted this day of • W ••
DanCo
Ma or
AflEST �6tt1cs
(SEAL)
NAME OF FILE:
Resolution No. 14-03
CROSS REFERENCE:
Item # Date
Document
1 01/21/03
Resolution 14-03w/agreement
2 01/27/03
Staff Review Form w/attachments
1/27102 memo to mayor/city council
1/15/02 memo to Street Committee
3127102 letter to Dan Flowers. P.E.
719102 letter to Dan Coody
7130102 letter to Donald O Pederson
8/2102 tax from Donald O. Pederson
3 02118/03
memo to Jim Beavers
NOTES:
FAYETTE'CI LLE
• TNT CITY Or FAYETnVlar. •tIKANLS
DEPARTMENTAL CORRESPONDENCE
To:
Jim Beavers
From:
Engineering Division
Clarice Buffalohead-Pearinan�
City Clerk's Division
Date:
2/18/2003
Re:
Res. 14-03
Attached you will find an executed copy of the above referenced resolution passed by the City
Council on February 4, 2003, approving a cost share with the University of Arkansas to pay the
Arkansas Highway Department $35,000.00 for preliminary engineering service for the Razorback
Road Improvement with the city's share in the amount of $17,500.00. Also attached you will find
the Agreement of Understanding signed by the mayor. Please obtain Mr. Flower's signature on
the agreement. Upon AHTD return of an executive agreement, please make yourself a copy and
return the original to the city clerk's office.
Thank you for your cooperation, if anything else is needed please let the city clerk's office know.
/cbp
Attachments
cc: Nancy Smith, Internal Auditor
STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of February 4. 2003
FROM:
Jim Beavers Engineering CPE Services
Name Division Department
ACTION REQUIRED:
1. Approval of a resolution to a cost share with the University of Arkansas to fund the
preliminary engineering agreement with the Arkansas Highway and Transportation Department
for preliminary engineering services relative to Razorback Road (Highway 112) from 6th Street
(Highway 180) to Garland/Maple (Highway 112). The total costs of the agreement shall be
$35,000.00 with the City's share to be one-half totaling $17,500.00.
2. Approval of the "Agreement of Understanding Between the City of Fayetteville and The
Arkansas Highway and Transportation Department".
3. Approval of the "Federal -Aid Project Resolution" as submitted as "Attachment B" by the
Arkansas Highway and Transportation Department.
COST TO CITY:
$ 17.500
os2 ≤ol ≤ is equesFi�—
4470.9470.5809.00
Account Number
02116-10
Project Number
$350.000
ategoryrBudget 2003
Funnds�sedTo Date 2003
$332.500
Rema[mng Balance£603
GE -I REV W: x Budgeted Item
Budget anage
Street Im vt
Category/Project Name
Cost Shares
Program
Sales Tax
Fund
— Budget Adjustment Attached
Finance and Internal Services Director
CJ�RANT/LEASE REVIEW: dJeiZtj 7/03
Accounting Manager / Dale
City �Artoomcy Date
Purchasing Officer Date
STAFF RECOMMENDATION: Approval
��A &ft4'N1— O'-17.03
Di% sion Head Date
Department Director Date
�I-11-o3
Finance and Internal Services Director
L
GRANTING AGENCY:
(/17/03
Internal AuditoW Date
ADA Coordinator Date
Grant Coordinator Date
Cross Reference
New Item: Yes x No
Prcv Ord/Res N:
Date
Orig Contract Date:
Orig Contract No:
• S
STAFF REVIEW FORM Page 2
Description Razorback Road Agreement of Understanding
Meeting Date February 4.2003
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Grant Coordinator
C1
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Engineering Division
To: Dan Coody, Mayor
Fayetteville City Council
Thru: Staff Review
From: Jim Beavers, Engineeringi5IUi
Date: January 17, 2002
Re: City Council Meeting February 4, 2003
Proposed agreement with the Arkansas Highway and Transportation Department relative
to preliminary engineering for Razorback Road from 6'" Street to Garland/Maple.
Please find attached the proposed agreement and supporting documentation.
The project scope is Razorback Road (State Highway 112) from 6`" Street (State Highway 180)
north and east to the Garland/Maple intersection.
The total costs are $35,000.00 which will be shared "50/50" with the University of Arkansas.
The City's costs for the preliminary study will be $17,500.00.
This agreement and authorization for the cost share was approved by the City of Fayetteville
Council Street Committee on January 15, 2003.
Enclosures:
1. "Agreement Of Understanding Between The City Of Fayetteville And The Arkansas State
Highway And Transportation Department.. . relative to widening Hwy 112 from Hwy. 180(6"
Street) to Garland Avenue"
Such Agreement includes as additional formal Resolution as Attachment B.
2. Memorandum from Greg Boettcher, P.E., to the City of Fayetteville Street Committee dated
January 15, 2003.
3. Letter from Mayor Coody to Dan Flowers (AHTD) dated March 27, 2002.
4. Letter from Dan Flowers (AHTD) to Mayor Coody dated July 9, 2002.
5. Letter from Mayor Coody to Donald Pederson (University of Arkansas) dated July 30, 2002.
6. Fax response from Donald Pederson (U of A) to Mayor Coody dated August 2, 2002 with
agreement to the cost share of $17,500.00.
FA YETTEVILLE
THE CITY OFFAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE/PUBLIC WORKS DEPARTMENT
TO:
FAYETTEVILLE STREET COMMITTEE
Bob Davis, Chairman; Lioneld Jordan, Alderman; Don Marr,
Alderman; Robert Reynolds, Alderman
COPY:
Mayor Dan Coody, Jim Beavers, Heather Woodruff, Hugh
Earnest, Terry Gulley, Tim Conklin
FROM:
Greg Boettcher, Public Works Director
DATE:
January 15, 2003
RE:
Razorback Road Improvement Project
Federal -aid Surface Transportation Program
BACKGROUND
Representatives of the University of Arkansas met with Fayetteville City
Administration in early 2002 to discuss the concept of improving Razorback Road from
South Street north to the intersection of Garland Avenue and Maple Street. The
University had developed a preliminary schematic of widening and wished to collaborate
with the City on such capital improvement project. Since this improvement would
connect two pending improvement projects (Razorback Road improvements from 15ih to
6'" Street and Garland Avenue Improvements from Wedington to Maple), it was deemed
an essential link in a major transportation corridor. Also, since the road was under the
jurisdiction of the Arkansas State Highway and Transportation Department (AHTD) as
Highway 180, the improvement project could be eligible for state/federal assistance.
Mayor Coody has requested the AHTD to consider funding of this critical road
improvement project due to its connectivity to other major corridors. On July 9, 2002,
the AHTD responded to this request by forwarding an "Agreement of Understanding
between the City of Fayetteville and the Arkansas State Highway and Transportation
Department". On July 30, 2002, Mayor Coody advised the University of Arkansas of the
AHTD participation agreement and requested that the University of Arkansas financially
participate in and support this activity. A fax was received from the University on
August 2, 2002 from Mr. Pederson confirming the 50-50 cost share on the preliminary
engineering cost of $35,000.00. Copies of the correspondence are attached.
• 0
RECOMMENDATION
It is recommended that the Fayetteville Street Committee approve the preliminary
engineering activities on Razorback Road Improvement Project with the net cost to the
City -of Fayetteville being $17,500.00. This agreement shall need to then proceed to the
City Council for approval and authorization of the mayor's execution of the Agreement of
Understanding.
FAYETTELE •
March 27, 2002
lift. Dan Flowers, P.E.
Arkansas State Hwy. & Trmtiportatiom Dept.
P.O. Box 2261
Little Rock, Al 72209
RE: Surface Transportation Program (STP)
Razorimt Road (Some Hwy. 265)
Fayetteville, Washington County, Artrns
Dies )AL Flowers,
Faydtevile's surface transportation system is becoming increasingly inadequate
for thepublids transportation needs. Continued community growth coupled with the
unique demands of the University of Arkansas campus require infrastructure
improvement projects that exceed local resources. To alleviate a pressing local
nation system drfici®ey, the City nogursts Evading assistance for the
improvement of Razorback Road, beginning at Sixth St and continuing north to Garland
Avenue. It is understood that the $4 —6 million project may obtain financial assistance
undo Arkansas Highway and Transportation Program (STP)_ Incorporation of the
Razorback Road Project into the SW work plan is requested. In addition to providing a
critically needed interior transportation corridor, this activity may provide long-term
b - 4t is by bee ..m8 an institutional drive of the University ofArkansas. Discussions
with Don Pederson, Vice Chancellor ofFmance at the University of Arkansas have
confirmed this project to be a high priority for them, as it is for the City
The construction of this segment of Razorback Road is a crucial link between
other transportation projects, and is essential for realization of full benefits from other
projects. North of this project, the improvement of Garland Avenue, from Maple Shed
to Wedington Drive is nearing start of construction. South of this project, improvement
ofRazorbactc Road, from Sixth Street to Fifteenth St is scheduled; completion expected
in the next two to three years. Full function and benefit of these transportation projects
depends upon completion of the requested Razorback Road Improvements (see attached
location map).
Fayetteville has placed a strong emphasis on local transportation needs and is
ssam t a cn aikamt to perform a.c=prehensive tmffic study. This expected traffic
.SU VW OUSTsa .aamVa�
. ..viu.rosysaa�
Dan Flowus
Arkansas Highway & Traosportaiicn Dept
Page 2
analysis will feather validate the need for Razorback Road Improvements as well as
identify and prioritize other needs. It is requested that the Arkansas State Highway and
Transportation Department include this middle segment of Razorback Road
improvements in its SIP funding schedule, granting this need a high priority.
Should there be any questions, or if additional information is needed, please don't
hesitate to contact me at 479-575-8330.
Sincerely,
P
Dim Coody
Mayor
•cc Greg Boettcher, Public Works Director
Jim Beavers, City Engineer
Don Pederson, University of Arkansas
Jonathan Barnett, Arkansas State Highway Comrni +on
t -
ARNSAS STATE HIGHWAY COOAISSION
UPTON, C,wAwA JONATHAN BARNETT
JOHN'M'suA.W svwNGs
` (�
J.W. 'BUDDY' BENAFIELD, VICE C,ww,w, R E C E I �1 E DAL S. ROSENBAUM
unu A00'
NICIIOwY NNM9 '
JUL 15 200 02 DAN FLOWERS
MARY P.'PRISSY• NICKEASON P.O. Box 2261 pAEROA of
iC4AI4W14 CITY Of FAYETT E VI LLa„sys ,wo rams.GNTATIGn
LrrrLE ROCK, ARKANSAS 72203JHflQR'S OFFICE
TELEPHONE No. (501) 569-2000
FAX No. (5011569-2400
July 9, 002
The Honorable Dan Coody
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear y
Reference is made to your most recent letter requesting that we program a Federal -aid Surface
Transportation Program (Si?) City project to widen Highway 112 (Razorback Road) from
Highway 180 (6°i Street) to Garland Avenue in Fayetteville.
Enclosed is an Agreement of Understanding for the project that includes a sample resolution
(Attachment_B)_for your City Council to pass. Once the resolution is passed, please sign the
Agreement and return it with a signed and sealed copy of the resolution to the Department. We
will then execute the Agreement and return a copy to you.
If you have any questions, please advise.
and Transportation
Enclosure
c: Commissioner Jonathan Barnett
Chief Engineer
FAYETTEVILLE • �p
n aTfeP PAYErrWA.LE. PKANSAS
July 30, 2002
Mr. Donald 0. Pederson
Vice Chancellor for Finance and Administration
University of Arkansas
406 Administration Building
Fayetteville, AR 72701
RE: Razorback Road Improvement Project
Highway 180 (6t° Street) to Garland Avenue
Federal -aid Surface Transportation Program
Dear Mr. Pederson,
Following our meeting earlier this year to discuss improvement concepts for
Razorback Road, I have pursued possible funding avenues for such a project. One such
option was the use of the Federal -aid Surface Transportation Program (STP) to cover a
portion of the road improvement project costs. In response to this request, the Arkansas
Highway and Transportation Department has tendered an Agreement of Understanding
for this project. In essence, the project scope involves the improvement of Razorback
Road between 6th Street and Garland Avenue. It has been indicated that the University
of Arkansas is interested in the improvement of this road segment due to its connectivity
with the campus. Similarly, the City of Fayetteville has interest in the road improvement
due to its potential to improve the public transportation network. It appears that there are
shared benefits from this proposed project that accrue equally to the University of
Arkansas and the City of Fayetteville.
Under the STP program, this project would be eligible for 80% federal aid
towards allowable elements with a funding ceiling of $1,000,000.00. The 20% local
match, ineligible project activities and project costs above $1,000,000.00 must all be
secured to complete this project's financing program. At this time, the amount of local
matching funds needed is not known as first the preliminary engineering must be
completed. Once this preliminary design is available, a project budget will be developed
and funding sources secured. It is evident that this Razorback Road Improvement Project
will have a cost far exceeding the $1,000,000.00, therefore, local match funding must be
secured. Also, with the current economic conditions and the limited capital improvement
funding in the municipal budget, the use of municipal resources alone may not be feasible
for completion of the project's financing program.
113 WEST MOUNTAIN 72701 4rl671-rrr0
FkX 173.7S -8Z7
Donald Pederson
University of Arkansas
Page 2
In view of the University of Arkansas's interests in and benefits from this project,
would a funding partnership be possible with the University and City being equal
partners in the local match requirements? With respect to municipal utility relocation, the
City of Fayetteville's Water & Sewer Division would bear the costs, and with respect to
additional rights -of -way, the University would provide easements/right-of-way at no cost
to the project. These cooperative participations may bring the local share of the project
costs within our collective resources. I would appreciate the University's consideration of
this partnership as this represents the only viable financing program for the Razorback
Road Improvement Project.
While it is important that these arrangements be confirmed, these are not an
immediate priority. It is considerably more important that the "Agreement of
Understanding" be approved enabling the Arkansas Highway and Transportation
Department to place the preliminary engineering design on its schedule. At such time as
the preliminary design enters the work flow, a payment of $35,000.00 will be required.
To confirm the University of Arkansas's interest in this project and its intent to partner
with the City on such improvement, it is requested that the University of Arkansas agree
to fund 50% of the preliminary engineering costs, or $17,500.00.
If you wish to meet to discuss this matter, please do not hesitate to contact me at
575-8331. In order that this matter may be presented to the City Council at its August 20,
2002 meeting, I will need to complete our arrangements no later than Friday, August 2,
2002.
Sincerely,
Dan Coody
Mayor
cc: Greg Boettcher, Public Works Director
Jim Beavers, City Engineer
Steve Davis, Budget Manager
BA!a2/2002 13:35
4795755400
UNIV OF ARK NSAS
PAGE 01
AJ
University of Arkansas, Fayetteville
Office of the Vice Chancellor for Finance & Administration
406 Administration Building
•Fayetteville, AR 72701
Fax #479-575-5400
Number of pages including cover. a Date:
Company sent to: Company name: f'O2-
—6�
ATTN: C
FAX Number. (_)
Phone Number: (_)
Sent from:
Sender's name; Don Pedersnn
Phone Number: (_479 ) 7F-5S2R
Message/Notes:
If you have problems with this transmission, please call (479) 575-5828
80/02/,2002 13:35 4795755400
Donald Pederson
University of Arkansas
Page 2
Or4Iv OF ARKANSAS
•
PAGE 0_
In view of the University of Arkansas's interests in and benefits from this project.
would a funding partnership be possible with the University and City being equal
partners in the local match requirements? With respect to municipal utility relocation, the
City of Fayetteville's Water & Sewer Division would bear the costs, and with respect to
additional rights -of -way, the University would provide easements/right-of-way at no cost
to the project. These cooperative participations may bring the local share of the project
costs within our collective resources. I would appreciate the University's consideration of
this partnership as this represents the only viable financing program for the Razorback
Road Improvement Project.
While it is important that these arrangements be confirmed, these are not an
immediate priority. It is considerably more important that the "Agreement of
Understanding" be approved enabling the Arkansas Highway and Transportation
Department to place the preliminary engineering design on its schedule. At such time as
the preliminary design enters the work flow, a payment of 535.000.00 will be required.
To confirm the University of Arkansas's interest in this project and its intent to partner
with the City on such improvement, it is requested that the University of Arkan s agree
to fund 50% of the preliminary engineering costs, or
If you wish to meet to discuss this matter, please do not hesitate to contact me at t b.�Q�
575-8331. In order that this matter may be presented to the City Council at its August 20, /
2002 meeting, I will need to complete our arrangements no later than Friday. August 2,
2002.
Sincerely,
Dan Coody
Mayor
cc: Greg Boettcher. Public Works Director
Jim Beavers, City Engineer
Steve Davis, Budget Manager
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2015 MdtS IP
2015 AddtSTP
RECEIVED
FEB20Z014
programs & Contracts
AHTD
RECEIVED
NORTHWEST ARKANSAS mAR 03 2®15
Democrat
P.0). BOX 1607. FAYETTEVILLE, AR. 1-2702 • 479-442-1700 a FAX: 479-695-1118 - WVVWN.N'VVADG.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5748
Was inserted in the Northwest Arkansas Democrat
Gazette on:
February 26, 2015
Publication Charges: $ 110.25
Subscribed and sworn to before me
This 3 day of /fQA , 2015.
Notary Public
My Commission Expires:242l j2.n_*
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
=BentonCounty
S
County
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