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Home My WebLink About138-92 RESOLUTION• • • RESOLUTION NO. 138-92 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE, ARKANSAS TO MATCH FEDERAL -AID BRIDGE REPLACEMENT AND REHABILITATION MONIES FOR THE BRIDGE ON DOUBLE SPRINGS ROAD OVER OWL CREEK. WHEREAS, the City of Fayetteville understands Federal -Aid Bridge Replacement and Rehabilitation funds are available for replacement or rehabilitation of eligible structures; and WHEREAS, the City has determined that the top priority bridge is on Double Springs Road over Owl Creek; and WHEREAS, the City understands that their matching portion of this project will be 20% of the total cost, and should the escrowed City matching funds be inadequate to cover the City's obligation, the Department may cause this deficiency to be withheld from the allotment of gasoline tax returnable to the City; NON THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City of Fayetteville will participate in accordance with its designated responsibility in this project. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this bridge improvements on city streets. A copy of the agreement is attached hereto and made a part hereof. Section 3. The City of Fayetteville pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to construct this project. PASSED AND APPROVED this 15th day of September , 1992. ATTEST: By: ✓/,. City CiArk APPROVED: lf/ By: •�lf�!' 4'jr e Mayor AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF a Ae-s.2 .(-t , ARKANSAS AND THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT In Cooperation with the U.S. Department of Transportation Federal Highway Administration RELATIVE TO The improvement and maintenance of City Streets eligible for Federal Aid funds. WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 provides 80% Federal -Aid funds to be matched with 20% local - funds for improvements on certain City Streets, and WHEREAS, the City has expressed its desire to use Federal -Aid funds for an eligible project and to provide necessary matching for such funds, and WHEREAS, the City understands that the Department will adhere to the General Requirements for recipients and subrecipients concern- ing minority business enterprises as stated on the attachment, IT IS HEREBY AGREED that the City of -Aw� J , 4 K- , and the Arkansas State Highway and Transport tion Department, in coopera- tion with the Federal Highway Administration, will participate in a cooperative program for implementation, and HEREBY, accept the responsibilities and assigned duties as described hereafter. THE CITY WILL: 1. Be responsible for satisfactory maintenance and operation of all improvements on that portion of the project not on the Arkansas Highway System and all traffic signals on the Arkansas Highway System. Failure to adequately maintain and operate the facility in accordance with Federal -Aid require- ments will result in withholding future Federal -Aid highway funds. 2. Be responsible for 20% of the total project cost, which will include preliminary engineering services, construction engineering services, appraisal and acquisition of right-of- way, relocation services (when required), adjustment of all man-made improvements, including utilities, for projects not on the Arkansas Highway System. • 3. Be responsible for 100% of all preliminary engineering, right -of-way, and other costs incurred should the City not enter into the construction phase of the project. 4. Be responsible for any and all preliminary engineering costs by consultant. 5. Be responsible for any and all expenditures which may be declared non -participating including any such awards by the State Claims Commission or Board of Arbitration. 6. Submit a letter to the Right -of -Way Division of the Arkansas State Highway and Transportation Department stipulating the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the City will assume or re- quest that the Arkansas State Highway and Transportation Department handle some or all of these services. 7 Transmit to the Arkansas State Highway and Transportation Department a copy of the Resolution from the City Council or Board of Directors which requests a project and authorizes the Mayor or City Manager to execute contracts with the Arkansas State Highway and Transportation Department for projects on city streets. 8 Submit to the Arkansas State Highway and Transportation Department 5%, if applicable, of the estimated total project cost before preliminary engineering begins. 9. Submit to the Department the local matching share, when applicable, of the total estimated cost before the project is advertised for receipt of bids. 10. Make no alterations to the improvements constructed with Federal -Aid funds without first consulting with the Arkan- sas State Highway and Transportation Department. 11. Maintain or adopt regulations and ordinances as necessary for proper operation of the improvements. 12. Be responsible for the necessary enforcement of operations as required by improvements on the Arkansas State Highway System and the City Streets. 13. Hereby attest that the employment policies and practices with regard to its employees, any part of whose compensa- tion is reimbursed from Federal funds, will be without regard to race, color, creed, or national origin. THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT WILL' 1. Be responsible for administering Federal -Aid funds and for project constructicn supervision. 2. Develop the necessary plans and specifications for all projects. 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 that should the City fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure will disqualify the City from receiving future Federal -Aid highway funds. IN WITNESS WHEREOF, the parties thereto have executed this Agreement this /ix( day of 4a.w , 19912-. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT CITY OF.c ,,, e„„(.&, 41,e. 1may/J. vT Director of Highways ayor and Transportation • • GENERAL REQUIREMENTS FOR RECIPIENTS AND SUBRECIPIENTS CONCERNING MINORITY BUSINESS ENTERPRISES It is the policy of the Department of Transportation that minority business enterprises 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 agree- ment. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. The receipient or its contractor agrees to ensure that minority business enterprises 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 provid- ed under this agreement. In this regard all recipients or contrac- tors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises 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 refer- ence. 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 nay include termination of the Agrement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each subrecipient, contractor or subcon- tractor 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 recipi- ent deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub -recipient," and the term "contractor" modified to include "subcontractor".) CITY OF FAYETTEVILLE 5 YEAR CAPITAL IMPROVEMENTS PROGRAM DEPT/DIVISION: P/W Street PROGRAM DETAIL FUND: Sales Tax PROJECT CATEGORY: Street Construction FUND PRIORITY 27 COSTS TOTAL 1992-1996 PROJECT TITLE Double Springs Road Bridge TOTAL PROJECT COST $40,000 * ANNUAL OPERATING COST RECOMMENDED AND SCHEDULED FOR FIVE-YEAR PERIOD 1992 1993 1994 1995 1996 1997 & BEYOND $40,000 * 40,000 PROJECT DESCRIPTION & JUSTIFICATION: Construction of replacement bridge over Owl Creek. Eligible for the Federal Bridge Program, 80/20 cost ratio. City share estimated at $40,000. PROTECT STATUS & COMMENTS: Contingency item. Project viability and schedule is contingent upon inclusion in the aid program Continuation of 1991 CIP project - "Double Springs Rd. bridge at Owl Creek". warn ICONIC" ea—TO LAU WE—TON 111.1111. i *u 1 a a • PROJECT TYPE Replacement _x Expansion _ New ST - Sales Tax Pay -As -You -Go Funding OF - Operating Fund BI - Capital Improvement Bond Issue PP - Potential Project 3.04