Loading...
HomeMy WebLinkAbout150-98 RESOLUTIONRESOLUTION NO 15:0-.8 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE, ARKANSAS TO UTILIZE FEDERAL - AID MONIES FOR FOLLOWING CITY PROJECT: GREGG AVENUE WIDENING FROM HIGHWAY 71B TO MUD CREEK. WHEREAS, the City of Fayetteville understand that Federal -Aid Surface Transportation Program Funds are available for certain city projects at the following federal participating ratios: Roadway Construction on City Streets City Project Programmed but not Let to Contract Work Phase All phases All phases Federal Share City Match 80% 20% -0- 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• • Section 1 That the City of Fayetteville, Arkansas will participate in accordance with its designated responsibilities in this project. Section 2 The Mayor and City Clerk are authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this City project. Section 3 The City pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. ,y PASSED AND APPROVED this 17th day of November , 1998. •• Cr? • I ts)11/44.' - N. ), -%• `o r h• 1 11 eyY cAPTEST: B Heather Woodruff, City Cl APPROVE : By . red Hanna, Mayor kor 1 "� • STAFF REVIEW FORM X AGENDA REQUEST, City Council meeting FROM: Don Bunn Engineering Name Division of November 17, 1998 Public Works Department ACTION REQUIRED: A resolution authorizing the Mayor to execute an Agreement of Understanding with the Arkansas Highway and Transportation Department relative to the improvement of Gregg Street from Highway 71B to Mud Creek Bridge. COST TO CITY: $ -0- Cost-This Request Account Number $ NIX Category/Project Budget Category/Project Name Funds Used To Date Program Name Project Number Funds Remaining Fund Category BDGET/CONTRACT REVIEW: Budgeted Item Budget Adj. Attached Bridget Coordinator tA/A21771. '.�IVnutJ Accou ng M4nag r City'Attofa� Ahhte Purchasing Officer 48 Date Administrative Services Director Date /00w -9g Date M- 2ti.4i Date 1d -a9 -9% Date ADA Coordinator Date Internal Auditor Date STAFF RECOMMENDATION: It is the recommendation of the Staff that the Council approve the execution of an Agreement of Understanding with the Arkansas Highway and Transportation Department relative to the improvement of Gregg Street from Highway 71B to Mud Creek Bridge. Admin ervices/14 r May Director 10-29-98 Date Date 7 4eA Date it/v/9r Date Cross Reference New Item: Yes No Prev Ord/Res #: Orig Contract Date: fi • ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Dan Flowers Director Telephone (501) 569-2000 The Honorable Fred Hanna Mayor of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mayor Hanna: December 21, 1998 Zpt3 P.O. Box 2261 Little Rock, Arkansas 72203-2261 Telefax (501) 569-2400 Re: Job 040299 F.A.P. STP -9142(11) Hwy. 71B -Mud Creek (Gregg Ave. -Fayetteville) (S) Washington County Enclosed please find a copy of the executed Agreement of Understanding on the referenced Federal -aid project In order for the Department to proceed with preliminary engineering, please forward a check in the amount of $35,000.00 (made payable to the Arkansas State Highway and Transportation Department) to this office This deposit will be applied to the City's matching share when a construction contract is awarded for this work. As noted in our October 9, 1998 letter, the maximum amount of Federal -aid available for this project is $1,000,000. If you have any questions, please contact Bill Bradberry or Steve Morgan in our Programs and Contracts Division at (501) 569-2261. Enclosure Robert L. Walters Chief Engineer RECEIVED Ut„ :O CITY OF FAYETTEVILLE MAYOR'S OFFICE • • • • • • • 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 The widening of Gregg Avenue from Highway 71B to Mud Creek (heremafter called "the project") urilizing Federal -aid Surface Transportation Program funds. WHEREAS, the Transportation Equity Act for the Twenty -First Century (TEA -21) 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, funding participation will be as follows, subject to a limit of 51,000,000.00 maximum Federal -aid approved for the project: Federal % City % Preliminary Engineering: 80 20 Right -of -Way: 80 20 Utilities: 80 20 Construction: 80 20 Construction Engineering: 80 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 the attachment, IT IS HEREBY AGREED that the City and the Department, in cooperation with the Federal Highway Administration. will participate in a cooperative prom -am for anplemen:ation and will accept the responsibilities and assigned duties as described hereinafter. • 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 requirements will result in withholding future Federal -aid highway funds. 2. Be responsible for 20% of the project cost, which will include preliminary engineering, construction, construction engineering, appraisal and acquisition of right-of-way, relocation services (when required), and adjustment of all man-made improvements, including utilities. 3. Be responsible for 100% of all preluninary engineenng, 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 expenditures which may be .declared non -participating in federal funds, including any iuch awards by the State Claims Commission. 5. Repay to the Department the federal share of the cost of this project if for any reason the Federal Highway Administration removes federal participation. 6. Submit a Letter to the Right of Way Division of the Department which either (1) stipulates the services relative to nght-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. 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. 7. Transmit to the Department a signed and sealed copy of the Resolution from the City Council which requests a project and authorizes the Mayor to execute contracts with the Department for projects on city streets. 8. Submit to the Department five percent of the estimated project cost before preliminary engineering by the Department begins. 9. Submit to the Department the Local matching share of the total estimated cost before the project is awarded to contract. 10. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the 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 City Streets. 13. Hereby attest that the employment 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, creed, or national origin. 14. Be responsible for all costs not provided by the Federal Highway Administration. • 15. 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, actions, acts of omission, neglect, or misconduct of the Sponsor relating to this agreement and project. THE DEPARTMENT WILL: 1. Be responsible for administering Federal -aid funds and for project construction supervision. 2. Be responsible for developing the necessary plans and specifications for the project. 3. When requested, provide the necessary services relative to nght-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. IT IS FURTHER AGREED, that should the City funds due for project implementation or fail to Agreement, the Department may cause such funds City's gasoline tax allotment. fail to pay to the Department any required complete the project as specified in this as may be required to be withheld from the IN WITNESS WHEREOF, the parties thereto have executed this Agreement this /' `' day of T � for e tAker 1998. RECOMMENDED: l Assistant Chief Engines or Planning ARKANSAS STATE HIGHWAY CITY OF AND TRANSPORTATION DEP ' '. LENT FAYETTEVILLE Director of Hi D .. 1 wers ays and Transportation Fred Hanna Mayor To: Fayetteville City Council From: Don Bunn, Assistant Public Works Director Thru: Charles Venable, Public Works Director Mayor Fred Hanna Subject: Agreement of Understanding and Resolution Gregg Street Widening, Highway 71B to Mud Creek Date: October 26, 1998 Attached for your review and approval is a proposed Agreement of Understanding between the City of Fayetteville and the Arkansas State Highway and Transportation Department relative to the widening of Gregg Avenue from Highway 71B to Mud Creek from two lanes to four lanes. The execution of this agreement will allow State and Federal Aid numbers to be assigned to the project and be officially placed in their program of improvements. The Agreement • Provides for a 20% match of federal funds by the City, • Sets a cap of $1,000,000.00 federal aid for the project, • Sets out the City's and the State's responsibilities on the project, and Indicates the general items of construction which are eligible for funding participation. Those items are 1) Preliminary Engineering, 2) Right of way costs, 3) Utility Relocations, 4) Construction, and 5) Construction Engineering. You will note that a $1,000,000.00 maximum has been set on the Federal -aid portion of the funding. This is a new provision for these types of projects and will impact the local share in the future. However, it is felt that it will have no impact on this particular project. • • This improvement is listed as a project in the Transportation Improvement Program for 1999 and is listed in the proposed 1999-2003 Capital Improvement Program as a 2001 project. As indicated in the attached letter from the Highway Department, it may be several years before construction can begin on this project because of other projects already programmed. The Department will, prior to the start of preliminary engineering on the project, request a 5 percent deposit from the City. It is the recommendation of the Staff that the Council authorize the Mayor to execute this Agreement of Understanding with the Arkansas State Highway and Transportation Department.