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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 ARKANSAS STATE NpH WAY AWI TRANa0RTAI10N DEPANU@n SWbdds Tanspode W n fmpavaaN Paban 19161 AaeodaAW Appal Repel OS JeraylT,214 to adrb am*WM the Otside Pbaaq Repsaana a set Leta NNW WP -21, 0a MWAN an(s) have ha' dddbthe "*"TIP. 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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 Not12397116My CFeb 20, 2024