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HomeMy WebLinkAbout49-95 RESOLUTIONRESOLUTION NO. 49-95 A RESOLUTION APPROVING A BUDGET ADJUSTMENT FOR FISCAL YEAR 1995 ISTEA ENHANCEMENT PROJECT JOB NO. 040221, FAYETTEVILLE TRAILWAYS AND SIDEWALKS. BE IT RESOLVED I3Y THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby approves a budget adjustment for Fiscal Year 1995 ISTEA Enhancement Project Job No. 040221, by increasing Trailways & Sidewalks, Acct. No. 4470 9470 5814 00, Project No. 95030, in the amount of $639,101.00 and Trailways & &Awaits, Acct. No. 4470 9470 5814 00, Project No. 94037, in the amount of $8,400.00 by decreasing Federal Grants, Acct. No. 4470 0947 4309 00, Project No. 94037 in the amount of $619,867.00, and Use of Fund Balanced, Acct. No. 4470 0947 4999 99 in the amount of $27,634.00. A copy of the budget adjustment is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 4th day of April , 1995. ATTEST - By: IAN 72/11 Traci Paul, City Clerk ISTEA Grant Project Breakdown Project 95030 Funds Budgeted: Funds Needed: Bicycle Pedestrian Trailway Preservation of RR Corridors Preservation of RR Corridors — '95 Total Funds Needed Additional Funds Needed Project 94037 Funds Budgeted: Funds Needed: Corridor Enhancement Total Funds Needed Additional Funds Needed Total Projects — Funds Needed Federal Match 400,000 99,792 111,675 611,467 Local Match 127,000 100,000 24,948 29,685 Total Cost 127,000 500,000 124,740 141,360 154,633 766,100 (611,467) (27,633) (639,100) 8,400 8,400 (8,400) 2,100 2,100 2,100 2,100 10,500 10,500 0 (8,400) (619,867) (27,633) (647,500) City of Fayetteville, Arkansas Budget AdjUstment Form Budget Year 1995 Department: Division: Program: Public Works Planning ST Capital Improvements Date Requested April 4, 1995 Adjustment # Project or Item Requested: $27,634 in additional funding is requested for the Trailways and Sidewalks project. The additional funds are needed to complete the City's match of an ISTEA grant for railroad corridor preservation. The remaining $619,867 represents the federal grant match of the ISTEA grant. Project or Item Deleted: None. Justification of this Increase: Arkansas Highway and Transportation Department has assigned a project number to the Fayetteville Railway Corridors Preservation project and is ready to sign the agreement of understanding. Approval of this request will fully fund the City's Grant match and will recognize the federal match amount of the ISTEA Grant award and to record the grant as a federal grant. Justification of this Decrease: City Sales Tax revenue for 1994 was greater than projected. Increase Account Name Amount Account Number Project Number Trailways & Sidewalks Trailways & Sidewalks 639,101 4470 9470 5814 00 95030 8,400 4470 9470 5814 00 94037 Decrease ( Increase Revenue) Account Name Amount Account Number Project Number Federal Grants 619,867 4470 0947 4309 00 lipe of Fund Balance 27,634 4470 0947 4999 99 Approval Signatures tequested By dinatcir epartment Director 3 -(1-7s Xdmin S�vices Di vlayor Budget Office Use Only Type: A B C D Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy RESOLUTION NO. 3 9 5 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE, ARKANSAS TO UTILIZE FEDERAL -AID MONIES. WHEREAS, the City Council of Fayetteville, Arkansas understands Federal -Aid Surface Transportation Enhancement funds are available at 80% federal participation and 20% local cash match for the following project: Acquisition of abandoned rail corridors and conversion of those corridors to trails. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council of Fayetteville, Arkansas will participate in accordance with its designated responsibility, including maintenance of this project. Section 2. The Mayor of Fayetteville, Arkansas is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the above stated improvement. Section 3. The City Council of Fayetteville, Arkansas pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. PASSED AND APPROVED this 3rd day of January , 1995. ATTEST: By: A/aCi / Traci Paul, City Clerk APPROVED: By: Fr�d Hanna, Mayor • • 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 RELATIVE TO Implementation of Job 040221, Fayetteville Railway Corridors Preservation (ATEP-95) (S), F.A.P. STPE-ENHN(44), (hereinafter called "the project") as a transportation enhancement project WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 provides 80% Federal -aid funds to be matched with 20% non-federal funds (cash match) for certajn transportation enhancement projects, and WHEREAS, the City of Fayetteville (hereinafter called "Sponsor") 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, funding participation for each phase of the project will be as follows: Federal % Sponsor % Project Design; 0 100 Right -of -Way: 80 20 Project Implementation: 80 20 Project Inspection: 0 100 ,and WHEREAS, the Sponsor knows of no legal impediments to the completion of the project, and WHEREAS, it is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions of any part of the agreement to create 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 Sponsor 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 (see attached). • IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal Highway Administration, will participate in a cooperative program for implementation of the project and will accept the responsibilities and assigned duties as described hereinafter. THE SPONSOR WILL: 1 Indemnify and save harmless the Department from all suits, actions, or claims of any character brought because of any damage sustained on account of the operations or actions of the said Sponsor; of because of any act of omission, neglect, or misconduct of said Sponsor, or from any claims or amounts arising or recovered under any law, ordinance, order, or decree. 2. 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, disability, or national origin in compliance with the Civil Rights Act of 1964 and 49 CFR Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation. 3 Be responsible for its portion of the total project cost, which will include project design, construction inspection services, appraisal and acquisition of right-of-way, relocation servicps (when required), adjustment of all man-made improvements including utilities, and 1% of the total project cost for Department administration. 4 Grant the right of access to Sponsor's records pertinent to this project and the right to audit by the Department and Federal Highway Administration officials Such records shall be retained in accordance with the requirements of 23 CFR Part 17 - Recordkeeping and Retention Requirements for Federal -aid Highway, Records of State Highway Agencies (copy attached). 5 Contact the Arkansas Historic Preservation Program (AHPP) to execute a Deed of Conservation Easement for enhancement projects involving certified historic properties or obtain a waiver from the AIAPP. 6 When applicable, submit to the Department five percent of the estimated total project cost before engineering by the Department begins. 7 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 sponsor will assume or (2) requests that the Department handle some or all of these services. Acquisition of property, where federal funds are involved, must be accomplished in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). NOTE: Failure to notify the Department prior to initiating this phase of work may result in any expenditures being declared non -participating in federal funds. 8. Submit to the Department the local matching share of the total estimated cost before project implementation begins or before a contract for the project is awarded. 9. Provide a copy of the registered deed or an appropriate certification, showing the Sponsor's clear and unencumbered title to any right-of-way to be used for the project. 10 Enter into a Supplemental Agreement with the Department for each project, or for separate project phases, which details the responsibilities .of the Sponsor and/or its representative regarding notifications, routine inspections, certification of materials, payroll .and wage rate records, and other documentation as necessitated by the scope of each project. 11.Be responsible for 100% of all project design, right-of-way, and any other costs incurred should the project not be completed as specified. 12 Be responsible for 100% of any additional :cost above the construction contract amount, unless prior written approval is obtained from the Department. 13 Be responsible for 100% of any and all expenditures which are declared non -participating in federal funds, including awards by the State Claims Commission 14 Retain total, direct control over the project throughout the life of the improvements and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the project; • change the intended use of the project as stated in the approved project application; • make significant alterations to any improvements constructed with Federal -aid finds; or • cease maintenance or operation of the project due to the project's obsolescence. 15 Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the project in accordance with Federal -aid requirements may result in the Sponsor's repayment of federal funds and will result in withholding future Federal -aid. 16 Promptly notify the Department if the project is rendered unfit for continued use by an act of God or other cause. 17 Repay to the Department the federal share of the cost of any portion of this project if the Federal Highway Administration removes federal participation due to actions of the City, its agents, its employees, or its assigns or the City's consultants or their agents. Such actions shall include, but are not limited to, federal non -participation arising from problems with design plans, construction, change orders, construction inspection, or contractor payment procedures THE DEPARTMENT WILL: 1. Be responsible for administering Federal -aid funds and for project approval and acceptance 2 Review project plans and specifications as necessary. • 3. When requested, provide the necessary services relative to right-of-way acquisition, appraisal, relocation, and utility adjustments in accordance with the Uniform Act and will be reimbursed for costs involved in performing these services. 4. Reimburse the Sponsor for all legitimate, documented costs in accordance with the Supplemental Agreement for routine inspection and documentation. IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure will disqualify the Sponsor from receiving future Federal -aid fiinds administered by the Department. IT IS FURTHER AGREED that should the Sponsor fail to pay to the Department any required funds due for project implementation or fail to complete the project as specified in this Agreement or fail to adequately maintain or operate the project, the Sponsor will be responsible for all costs of the project. In such cases, the Department may cause funds as may be required to be withheld from the Sponsor's gasoline tax allotment. IN WITNESS WHEREOF, the parties thereto have executed this Agreement on this day of RECOMMENDED: , 1995 Assistant Chic or Planning ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT CITY OF FAYETTEVILLE Dan owers Di ector of Highways and An-nts-/ red Hanna Mayor • GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB -RECIPIENTS CONCERNING MINORITY BUSINESS ENTERPRISES 11 is the policy of the 11. 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 ongm, 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 many 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 substitute 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 appropnate, the term "recipient" may be modified to mean "sub -recipient", and the term "contractor" modified to include "subcontractor".) • 23 CFR Part 17 • RECORDKEEPING AND RETENTION REQUEFtEMENTS FOR FEDERAL -AID HIGHWAY, RECORDS OF STATE HIGHWAY AGENCIES §17.1 Purpose. This regulation prescribes the recordkeeping and retention requirements for the Federal -aid highway program. §17,3 Definitions As used in this regulation: (a) Records Includes all accounts, papers. maps, photographs, or other documentary materials regardless of physical form or characteristics, made .or received by any agency, 'firm or individual in connection with the transaction of Federal -.aid highway business. This includes, but is not limited to, financial records. supporting documents, .statistical records. and other records pertinent to Federal -aid highway projects. (b) Retention period. The minimum period of time records are required to be held by the Federal Highway Administration (FHWA). Other governmental (Federal as well as State, municipal, etc.) or private entities may require or choose longer periods. (c) Federal -aid higinvay program. All activity undertaken by a non•Tederal governmental agency, business firm, or individual in connection with Federal grants-in-aid related to title 23.. United States Code. §17.5 Requirements. (a) State record systems and requirements for maintaining documentation concerned with the Federal -aid highway program will meet applicable requirements of Federal and State laws and regulations, establish a sound 'bells for auditing the State program, And be consistent with generally accepted records management and accounting practices. (b) Records pertaining to the Federal -aid highway program .shall be retained for a minimum period of 3 years with the following exceptions: (1) If any litigation, claim, or audit is started before the expiration of the 3 -year penod, the records shallbe retained until all litigations, claims, or audit findings involving the records have been resolved. (2) Records for nonexpendable .property acquired with Federal funds shall be retained for 3 years after the final disposition of the property. (3) Records which have been transferred to the Federal Highvray Administration for retention. (4) Toll facility records shall be retained for 3 yearn subsequent to the date when the facility became operable on a toll-free basis. (c) The start of retention periods for State and third parties is as follows: State records. 0) For project oriented records, the 3hyear retention period starts when the final voucher is submitted. fii) For cost accounting and .fiscal records which usually relate to more than one project and .are not project oriented. the 3 -year retention period starts at she end of the State's fiscal year in which an entry is made. (2) Third party records. For third .party records, the 3 -year retention period starts when the third party teCeiVeS final payment. (d) FHWA may, from time to time, request transfer of records from State and local .governments whoa it is determined that these records possess long-term retention value. However, to avoid duplicate recorcikeeping, the Division Administrator may make arrangements with State and local .governments to retain any records which are connnuously needed for joint use. (e) State or third parties should not limit access to Federal -aid highway records on the basis of this regulation. Federal -aid highway records need be kept confidential only when FHWA can demonstrate that such records mqst be kept confidential and would be exempted from disclosure under the Freedom of Information Act LS U. S.C. 552) if the records were FHWA records. (0 All records shall be available at all reasonable times for inspection by any authorized representative of the federal Government and copies thereof shall be furnished when requested. §17.7 Authorization to microfilm records. Microfilmed copies may be used in lieu of original records subject to the fallowing requirements: (a) Copies mnst be legible and contain 111 the Significant record detail shown on the originals. (b) Copies shall be so arranged, identified and indexed so that any individual document or component of the records can be located with reasonable facility. (c) Copies shall be adequate substitutes for the onginal records and serve the purposes for which such records were created or maintained. 417.9 Waiver. The granting of a waiver to the provisions of this regulation is expressly reserved to the Federal Highway Administrator subject to: (a) Full vnitten justification demonstrating unusual circumstances by the requesting party. (b) An indication that compliance would be an unreas3nable burden upon the State or contractor, and .(c) A .detamininion by FHWA that Ibe waiver is in the public interest.