HomeMy WebLinkAbout104-99 RESOLUTION•
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RESOLUTION NO 104-99
A RESOLUTION APPROVING THE REPAYMENT OF THE
ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT, FEDERAL AID ENHANCEMENT FUNDS
REIMBURSEMENT IN THE AMOUNT OF $87,829.86 FOR THE
DESIGN OF THE ST. PAUL RAIL TRAIL AND ERROL STREET
TRAIL; AND APPROVAL OF A BUDGET ADJUSTMENT.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS•
Section 1. That the City Council hereby approves repayment to the Arkansas State
Highway and Transportation Department, Federal Aid Enhancement Funds reimbursement in the
amount of $87,829.86, for the design of the St. Paul Rail Trail which will not be constructed and
Errol Street Trail which has been changed.
Section 2 The City Council hereby approves a budget adjustment in the amount of
$87,830 increasing Professional Services, Acct. No. 4470 9470 5314 02, Project No. 99069 10 by
decreasing Use of Fund Balance, Acct. No. 4470 0947 4999 99. A copy of the budget adjustment
is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 2b day of August , 1999.
i ' �` APPROVED:
4.R_1O2;;;% -1
B
dt• 4i
Heather Woodruff, City CTerk
By. i
F d Hanna, Mayor
P
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
•PES. -AO•po``
August 19, 1999
Mr.. Dan Flowers, Director
Arkansas Highway and Transportation Department
PO Box 2261
Little Rock, AR 72203-2261
Dear Mr. Flowers:
Enclosed herewith is check number 251910 m the amount of $87,829.86 for the City of
Fayetteville's reimbursement of federal aid funds received for the money expended on
Job 040195. This is m accordance with your letter dated July 14, 1999.
It is still our desire to utilize the remaining Federal Aid Enhancement Funds to construct
the trails contained in my letter dated June 23, 1999.
Thank you for your consideration in this matter.
Sincerely,
Fred Hanna
Mayor
FH.msm
enclosure
c Commissioner Jonathan Barnett
Chief Engineer
City Clerk
Trails Advisory Committee
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257
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City of Fayetteville, Arkansas
Budget Adjustment Form
EXHIBIT A
Budget Year
1999
Department:
Division:
Program:
Date Requested
08/03/99
Adjustment #
Project or Item Requested:
Funding is requested to refund payments received on the St
Paul and Errol Street Trails.
Project or Item Deleted:
None. Use of fund balance is proposed for this adjustment.
Justification of this Increase:
The funds is required to be reimbursed because the St Paul
Trail will not be built and the Errol Street Trail has changed.
Justification of this Decrease:
Sufficient funds exist in fund balance to fund this request and
comply with City policy.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
Professional Services
87,830 4470 9470
5314 02 99069 10
Decrease Expense (Increase Revenue)
Account Name Amount Account Number Project Number
Use of Fund Balance 87,830
4470 0947 4999 99
Approval Signatures
Requested By
Btdgel Manager
Date
•te
Department Director Date
Admin. Se
ces
1
ire
tor
Mayor
D to
Date
Budget Office Use Only
Type: A B C (3 E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Blue Copy: Budget & Research / Yellow Copy: Requester D:'DATA\99BUDGEI\BUDGTAD.ATR91L_i
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Agenda Request •
Contract Review
Grant Review
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STAFF REVIEW FORM
FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF August 3 19gq
FROM:
Charles Venable Public Works
Name Division Department
ACTION REQUESTED: Approval of a resolution to repay the Arkansas State Highway and Transportation Department federal
aid enhancement funds reimbursed for the design of the St. Paul Rail Trail and Errol Street Trail since the St. Paul Trail will not
be constructed111�and the Errol Street Trail has been changed. Job number 040195. 4p, Anda e4w' d6 a Lady.. a.dt 01.j..•.,j-
LJAOIJI •4-k s "air OM- It ace dl d.
COST TO THE CITY:
$87,829.86
Cost of this request
4470-9470-5314-02
-0- Professional Services
Category/Project Budget Category/Project Name
-0- Transportation Impvs.
Account Number Funds used to date
moo
Project Number
Program Name
-0- Sales Tax Capital
Remaining Balance Fund
BUDGET REVIEW:
Budgeted Item
udgef Coordinator
Budget • ustmentAttached
%s1
iN
A mi istrativeServicesmirector
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CONTRACT/GRANT/LEASE REVIEW:
GRANTING AGENCY:
City ttorne
Purchasing Officer
F l
Date
Date
Int" nal Auditor Date
ADA Coordinator Date
STAFF RECOMMENDATION:
Division Head
Department Direc or
. i 4 /LA
rvices Director
Date
%-z 7-95
Date
270UL9`'
Date
Date
Cross Reference
New Item:
Prev Ord/Res #•
Yes No
Orig. Contract Date'
STAPP RRPIHI PORN
Description Meeting Date
Counts:
9udget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
internal Auditor
Reference Counts:
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Page 2
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor /
From: Charles Venable, Public Works Director (O/
Date: July 23, 1999
Subject: Reimbursement of Federal Aid Enhancement Funds
As you know, the City received federal aid enhancement funds under the 1991 Federal Aid
Highway Act (ISTEA) for the construction of bicycle trails along the abandoned spur line that
serves the industrial park, and the Errol Street Trail which has since been changed to Raven Trail.
A consulting engineering firm was employed in June 1996 to design these trails and provide
right-of-way information for the procurement of the land necessary for the trails. As a result, a
total of $87,829.86 in federal funds were expended and reimbursement of these funds was
received by the City. The St. Paul Trail has been dropped since it has been determined that the
railroad spur line will be reconstructed in order to serve the industrial park. The "Raven Trail"
project that was designed has been completely changed and all of the redesign has been done in-
house since we have terminated the consultant contract.
We wrote the Arkansas Highway and Transportation Department (AHTD) a letter on June 23,
1999, asking if the remainder of the funds could be utilized for other trails. The AHTD responded
on July 14, 1999, and it appears that the funds will be allowed to be utilized subject to the
reimbursement of the federal aid funds expended on the two trails. In accordance with paragraph
12 found on page 3 of the attached agreement, the City will be responsible for 100 percent of all
project design, right-of-way, and other costs incurred should the City not complete the
construction phase of the project.
If additional information is needed, please do not hesitate to contract me.
CV:msm
enclosures:
(1) Letter from AHTD dated July 14, 1999
(2) Letter to AHTD dated June 23, 1999
(3) Agreement of Understanding dated January 6, 1995
• ARKANSAS STATE HIGHWAY COMMISSION •
fid,
HERBY BRANSCUM, JR., CHAIRMAN
PERRYVILLE
JOHN '16.4" LIPTON, VICE CHAIRMAN
WARREN
J.W.'BUDDY' BENAFIELD
HICKORY PLAINS
The Honorable Fred Hanna
Mayor of Fayetteville
113 West Mountain
Faye ps'.444�, AR/2701
D
R
anna:
P.O. Box 2261
LITTLE ROCK, ARKANSAS 72203-2261
TELEPHONE No. (501) 569-2000
FAX No. (501) 569-2400
July 14, 1999
MARY P. 'PRISSY" HICKERSON
TEXARKANA
JONATHAN BARNETT
SILOAM SPRINGS
DAN FLOWERS
DIRECTOR OF
HIGHWAYS AND TRANSPORTATION
nce is made to your recent letter concerning the City's enhancement projects.
Your proposal to construct additional bike trails in Fayetteville seems acceptable However,
before we make a final decision as to whether the funds approved for railroad corridor
preservation (Jobs 040198 and 040221) can be used to construct the additional trails, we would
first like to reconcile the payments on Job 040195, Fayetteville Bike Trails (ATEP-94) (S).
It is our understanding that the City now plans to design all bike trails in-house and your
consultant's designs for the St. Paul rail trail and the Errol Street trail will not be utilized. You
noted that to date, S87,829.86 in Federal -aid has been reimbursed to the City. In accordance with
our Agreement of Understanding, we hereby request that the City remit these funds at this time,
or document any funding for work completed that will still be utilized.
Your check for $87,829.86 (made payable to the Arkansas State Highway and Transportation
Department) should be forwarded to this office. If you wish to discuss this matter further, please
contact Bill Bradberry of our Programs and Contracts Division at (501)569-2261.
c: Commissioner Jonathan Barnett
Chief Engineer
Sincerely,
n
Dail Flowers
Director of Highways
and Transportation
RECEIVED
JUL 1 9 1999
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
&Wet
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
June 23, 1999
Mr.. Dan Flowers, Director
Arkansas Highway and Transportation Department
PO Box 2261
Little Rock, AR 72203-2261
RE: Federal Aid Enhancement Funds
Dear Mr. Flowers:
We appreciate Mr. Bill Bradberry visiting with us on the afternoon of June 9, to discuss the
enhancement projects we have ongoing. As you are aware, we have received federal aid
enhancement funds from the 1991 ISTEA program. These funds were made available for the
following projects:
1. Job No. 040195 (ATEP-94)S for bike trails in the amount of $400,000
2. Job No. 040198 (ATEP-94)S and Job No. 040221 (ATEP-95)S for railroad corridor
preservation in the amount of$99,792 and $113,039.60 respectively
To date, a consultant was hired to develop plans under Job No. 040195 and a total of $87,829.86
in federal funds have been expended. Work has been progressing on a trail near the Butterfield
School (Errol Street) and a trail along the abandoned railroad spur (St. Paul). Recently it has
come to our attention that the abandoned rail lines, which serves our industrialized district, will
probably be revised with a new spur line since activity in the Industrial Park now needs rail
service. Therefore, we plan to abandon plans to construct a trail in this corridor. The Errol Street
trail is planned for construction this year.
Our question to you is as follows: Can the funds appropriated to us under Jobs 040198 and
040221 be used by the City to construct trails at any location other than the St. Paul trail? We are
hopeful that we will be permitted to use these funds in the this manner.
We do have several trail locations that we would like to construct if the funds could be used. The
trails could be designed and placed under contract in a very short time frame since very little
right-of-way would be required in most cases Enclosed is a map showing the location of these
trails, and following is a brief description of each.
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257
et«c z
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Dan Flowers
June 23, 1999
Page 2
1. Completion of the Joyce Boulevard multi -use trail located on the north side of Joyce
between a tributary to Mud Creek and Old Missouri Road, a distance of approximately
2700 feet. No additional right-of-way will be required, although a T C E may be
necessary to actually build the trail. Completion of this segment will connect a trail that
begins at Front Street and traverses to the Mud Creek tributary, and a trail that begins at
Old Missouri Road and ends at Highway 265. The trail will be constructed to handle
bicycles and pedestrians. It is estimated the costs for this segment of trail will be
approximately $90,000.
2. Completion of a multi -use trail from Gulley Park, eastward to Routh Park. The trail will
be approximately 5000 feet in length. No right-of-way is required between Gulley Park
and Azalea Terrace, a distance of approximately 1700 feet. This is planned to be the
first phase of work. Between Azalea Ten -ace and Routh Park, a distance of
approximately 4100 feet, approximately 1000 feet of right-of-way will be required near
Routh Park from four separate properties. A bridge across Mud Creek tributary will
also be required on this segment.
Phase 1 is estimated to cost approximately $50,000 and Phase 2 is estimated to cost
approximately $170,000. Phase 1 can be constructed almost immediately and Phase 2
can be ready to acquire right-of-way and award of contract early 2000.
3. A multi -use trail that begins at Front Street to connect with the existing trail and
proceed westward along Mud Creek to Gregg Avenue, a distance of approximately
5800 feet. Completion of this trail will provide a multi -use trail from Gregg Avenue on
the west, to Highway 265 on the east, taking into account Item 1 above.
This trail would be constructed in stages with the first stage running from Front Street,
west for a distance of approximately 3800 feet. It would intersect a new street, Steele
Boulevard, which will be constructed this year. The trail will be located on the south
side of Mud Creek until it reaches Mall Avenue (also to be constructed this year), cross
over the bridge on Mall Avenue, and continue on the north side to the Steele Boulevard
intersection. Right-of-way has been made available for this trail as a part of the CMN
Business Park, which is under development. It is estimated Phase 1 of the project will
cost in the neighborhood of $150,000 and can be constructed during the year 2000.
The second phase of work, which will begin at Steele Blvd. and proceed westward a
distance of approximately 2000 feet, could be constructed during the year 2001.
Right-of-way will have to be acquired for the western most 1600 feet. Costs are
estimated at $110,000, including right-of-way.
Dan Flowers
June 23, 1999
Page 3
4. A multi -use trail from Routh Park, northward to Sweetbriar Park, along Mud Creek a
distance of approximately 3000 feet. This route, when constructed, would provide a
continuous trail from Gulley Park, through Routh Park, to Sweetbriar Park.
Right-of-way will have to be acquired along this trail and it will probably be the year
2001 before this trail could be constructed. An estimate of costs for this trail is in the
neighborhood of$175,000, including right-of-way.
The total amount of federal funds remaining in the three projects that have been made
available to the City is as follows:
Job 040195 .... $312,120
Job 040,198 99,792
Job 040221 113 090
TOTAL $525,052
The total estimated costs of the four trails shown above is $745,000, of which
approximately $596,000 would be federal aid funds. It is realized that this exceeds the
funds currently appropriated to us, and if you do allow the use of the present funds to go
toward these trails, it may be necessary to receive an additional grant from the 1998
TEA -21 program.
We feel the construction these trails will provide the beginning for what we hope will eventually
be a trail network throughout the City. I also want to assure you that every effort will be made to
place these trails under contract within the time frame mentioned above. We also understand that
the procedures for handling these types of projects have changed within the past few months, and
we would ask that the agreement we now have be modified to allow the City to proceed under the
new guidelines.
I look forward to hearing from you in the near future and hopefully with the news that the existing
funds can be utilized as set forth in this letter. I will be more than happy to furnish any additional
information or answer any questions you may have.
Si
erely yours,
11
Fied Hanna
Mayor
enclosure
c Trails Advisory Committee
JUL-C�-1777 1el•Oi,
Fin I U 71 VO1 o7GOG.i r. U2/07
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 implementation of Job 040195, Fayetteville Bicycle Trails (.ATEP-94) (S), (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 certain
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, 80 20
Project Review: 80 20
Right -of -Way: 80 20
Utilities: 80 20
Project Implementation: 80 20
Project Inspection: 80 20
, 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
Ott3
JUL-di-17 10:02.
nn1U 717U17o'7d0!i 1-".0j/WY
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 Enterpnses (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; or 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. Nothing contained herein shall be construed in any manner as a waiver of
statutory tort immunity as provided under Arkansas Code Ann. § 21-9-301.
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 services
(when required), and adjustment of all man-made improvements, including utilities,
4. Grant the right of access to the 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. Where appropriate, 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 AHPP.
6. If the Sponsor requests the Department to be responsible for project engineering, submit to
the Department five percent of the estimated total project cost before engineering by the
Department begins.
7. If the Sponsor proposes to be responsible for project engineering, submit a copy of the
contract for engineering services to the Department for approval prior to contract execution.
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S. 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.
9. Submit to the Department the local matching share, when applicable, of the estimated cost of
each project phase before project implementation begins or before a contract for that portion
of the project is awarded.
10. Where appropriate, 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.
11. Enter into a Supplemental Agreement with the Department for the 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 the project.
12. Be responsible for 100% of all project design, right-of-way, and any other costs Incurred
should the Sponsor not complete the construction phase of the project.
13. Be responsible for 100% of any additional cost above the construction contract amount,
unless prior written approval is obtained from the Department.
14, Be responsible for 100% of any and all expenditures which are declared non -participating in
federal funds, including awards by the State Claims Commission.
15. 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 funds; or
• cease maintenance or operatton of the project due to the project's obsolescence.
16. 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 to accordance with Federal -aid requirements may result in
the Sponsor's repayment of federal funds and will result in withholding future Federal -aid.
17. Promptly notify the Department if the project is rendered unfit for continued use by an act of
God or other cause.
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JUL tJ-1 JJJ 10•d.J,
THE DEPARTMENT WILL:
nnhU D1pVJ1i07dod.J f'.rb/d(
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Be responsible for administering Federal -aid funds and for project approval and acceptance.
2. 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.
3. 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 could disqualify the Sponsor from receiving future
Federal -aid funds 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 hive executed this Agreement on this �-
day of CQ,{/u,(Q}116- 1990
RECOvIIvIENDED:
Assistant Chief En • mer for Planning
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION D. • ARTMENT CITY OF FAYETTEVILLE
D.J lowers
Director of Highways and Transportation
-4-
Fred Hanna
Mayor
JUL-d.)-1777 Hn1U
7i 7'rJ1�o9dbd..i
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GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING MINORITY BUSINESS ENTERPRISES
fr.eo u7
It is the policy of the U. S. Department of Transportation that minonty 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 Pan 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 appropriate, the term "recipient" may be modified to mean "sub -recipient", and
the term "contractor" modified to include "subcontractor".)
Je.L .r-1 JJJ LeJ•4w,
23 CFR Part 17
71�U1 :c JGCG.J r.Ur/Ur
RECORDKEEPrNG AND RETENTION REQUIREMENTS
FOR FEDERAL -Am 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 ocher records pertinent to Federal -aid highway
projects.•
(b) Retention period. The mirtimttm 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 highway prngram. All activity
undertaken by a non -Federal governmental agency,. business
firm, or individual in connection with Federal grants-in-aid
related to tide 23, United States Codc.
§175 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
basis for auditing the Statc 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 follcwing exceptions:
(I) If any litigation, claim, or audit is started before the
expiration of the 3 -year period, the records shall be retained
until all litigations. claims, or audit findings involving the
records have been resolved
(2) Records for nonexpcndable properly acquired with
Federal funds shall be retained for 3 years after the final
disposition of the property.
(3) Records which have bcxn transferred to the Federal
Highway Administration for retention.
(4) Toll facility records shall be retained for 3 years
subsequent to the date when the facility became operable on a
toll -fru basis.
(c) The start of retention periods for State and third
patties is as follows:
(I) Stare records. (1) For project oriented records, the
3 -year retention period suns when the final voucher is
submitted.
(ii) 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 the end of the State's
fiscal year in which an entry is made.
(2) Third parry records. For third party records, the
3 -year ret-ntion period wars when the third party receives
final payment.
(d) FHWA may. from time to time, request transfer of
records from State and local governments when it is
determined that these records posses; long-term retention
value. However, to avoid duplicate recordkeeping, the
Division Administrator may make arrangements with State
and local governments to retain any records which are
continuously 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 rccords need be kept confidential only
when FHWA can demonstrate that such records must be kept
confidential and would be exempted from disclosure tinder
the Freedom of Information Act (5 U.S.C. 552) if the records
were FHWA records.
(r) 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 following requirements:
(a) Copies must be legible and contain all 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 original
records and serve the purposes for which such records were
created or maintained.
§17.9 Waiver.
The granting of a waiver to the provisions of this
regulation is expressly reserved to the Federal Highway
Adminisuator subject to:
(a) Full wrinen justification demonstrating unusual
circumstances by the requesting parry.
(b) An indication that compliaux would be an
unreasonable burden upon the State or contractor, and
(c) A determination by FHWA that the waiver is in the
public interest.
TOTAL P.O?
RESOLUTION NO. 3-95
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
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: Q
By: 6QPx; ./.! 19/
( Traci Paul, City Clerk
APPROVED:
By:
44 774/44 -i -,-
Fr
&d Hanna, Mayor .
•
•
FEDERAL -AID ENHANCEMENT PROJECT RESOLUTION '
RESOLUTION NO. 3-95
A RESOLUTION EXPRESSING THE WTI 1 INGNESS
OF the City of 1=nyettav11ie, itikansas
(Sponsor)
TO UTILIZE FEDERAL -AID MONIES
WHEREAS, the sayertnv111a City Cnunc•1 understands Federal -Aid Surface
(Sponsors Governing Authonly)
Transportation Enhancement funds are available at 8O% Federal participation and 20% local cash
match for the following project: Argn„titins of nhnndnnrd rni1 rnrridorc and
rnnu,'rcinn of thncn rnrridnrc to trni 1c
NOW, THEREFORE, BE IT RESOLVED BY THE
Fayetteville City Council
(Sponsors Governing Authority)
THAT:
SECTION I: the City of Fayetteville will participate in accordance
(Sponsor)
with its designated responsibility, including maintenance of this project.
SECTION II: The Mayor of Fayetteville is hereby authorized and
(Tide of Sponsors CEO/CAO)
directed to execute all appropriate agreements and contracts necessary to expedite the
construction of the above stated improvement.
SECTION III: The Fayetteville City Council
(Sponsors Governing Authority)
hereby authorizes the Arkansas State Highway and Transportation Department to initiate action
to implement this project.
pledges its full support and
THIS RESOLUTION adopted this 3rd day of January
• ATTEST:
(SEAL)
19 95
fia4/
(rs CEO/CAO)
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
•
To: Charles Venable, Public Works Director
From: Theresa Johnson, Deputy City Clerk
Date: August 5, 1999
Re: AHTD Reimbursement
Attached please find a copy of Resolution 104-99 and its back-up material. The budget
adjustment will be forwarded to Steve Davis.
cc: Yolanda Fields, Internal Auditor
Steve Davis, Budget & Research Coordinator
FAYETTEVILLE, ARKANSAS
CHECK No. 251910
15
DETACH HERE FOR YOUR RECORDS
WARNING - THIS CHECK IS PROTECTED BY SPECIAL SECURITY GUARD PROGRAM' FEATURES
CITY of FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
aVILL GENERAL FUND
110109 BANK
F.Ylv, Arista
81-87/829
PAY TO THE ORDER OF
r Ark St Hwy & Trans Dep
Accounting Division
PO Box 2261
Little Rock, AR 72203-2261
CHECK NO.
DATE
.
8/16/1999
******87829 DOLLARS AND 86 CENTS
• ,
VOID IF NOT
CASHED IN
60 DAYS
AMOUNT
$87,829.86
kkdalevilks tunas INS
SECURE FEATURES INCLUDE INVISIBLE FIBERS • MICROPRINTING • VOID FEATURE PANTOGRAPH • ENDORSEMENT BACKER • BROWNSTAIN CHEMICAL REACTANT.
II' 25 L9 L011' I:Da 290087 2N: I,8L, L984L,11'06
DATE
INVOICE NO.
DESCRIPTION
AMOUNT
8/08/1999
9900004224
Reimbursement/Fed Aid Enhancement
Funds
•
87,829.86
CHECK AMOUNT
$87,829.86
15
DETACH HERE FOR YOUR RECORDS
WARNING - THIS CHECK IS PROTECTED BY SPECIAL SECURITY GUARD PROGRAM' FEATURES
CITY of FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
aVILL GENERAL FUND
110109 BANK
F.Ylv, Arista
81-87/829
PAY TO THE ORDER OF
r Ark St Hwy & Trans Dep
Accounting Division
PO Box 2261
Little Rock, AR 72203-2261
CHECK NO.
DATE
.
8/16/1999
******87829 DOLLARS AND 86 CENTS
• ,
VOID IF NOT
CASHED IN
60 DAYS
AMOUNT
$87,829.86
kkdalevilks tunas INS
SECURE FEATURES INCLUDE INVISIBLE FIBERS • MICROPRINTING • VOID FEATURE PANTOGRAPH • ENDORSEMENT BACKER • BROWNSTAIN CHEMICAL REACTANT.
II' 25 L9 L011' I:Da 290087 2N: I,8L, L984L,11'06