HomeMy WebLinkAbout119-02 RESOLUTION• � Yf
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9
RESOLUTION NO. 119-02• 1r(')
•
A RESOLUTION APPROVING AN AGREEMENT OF
UNDERSTANDING WITH THE ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT REGARDING THE DESIGN
AND FUNDING FOR REPLACEMENT OF THE SOUTH
GARLAND AVENUE BRIDGE AND PLEDGING THE CITY'S
FULL SUPPORT FOR THE PROJECT.
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 an Agreement of Understanding with the Arkansas Highway
and Transportation Department regarding the design and funding for
replacement of the South Garland Avenue Bridge. A copy of which, marked
Exhibit "A" is attached hereto and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby pledges its full support, and authorizes the Arkansas Highway and
Transportation Department to initiate action to implement this project.
PASSED and APPROVED this 6th day of August, 2002.
Y
• ..
v,
•.,4.
' "rATHER WOODRUFF, C Clerk
APPROVED:
By
1101/4
DAN COODY, May'.
3cf
•
NAME OF FILE:
CROSS REFERENCE.
•
at
Resolution No. 119-02 +,
08/06/02
Resolution No. 119-02
Copy of the Agreement of Understanding with the Arkansas State
Highway and Transportation Department
07/08/02
Memo to Mayor Coody & Fayetteville City Council from Greg
Boettcher, Public Works Director, regarding Federal -Aid Bridge
Replacement Project / South Garland Avenue Bridge (#19529)
01/02/02
Letter to Mayor Coody from Robert L. Walters, Chief Engineer, AHTD
08/06/02
Staff Review Form
08/08/02
Memo to Greg Boettcher, Public Works Director, from Heather
Woodruff, City Clerk
NOTES:
CEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
4s .119-0R:
COPY,
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration
RELATIVE TO
The improvement of Bridge Number 19529 over Town Branch on South Garland
Avenue (hennafter called'"the project") utilizing Federal -aid Highway Bridge
Replacement and Rehabilitation funds.
WHEREAS, the Transportation Equity Act for the Twenty -First Century (TEA -21) provides
80% Federal -aid funds to be matched with 20% non-federal funds (cash match) for certain bridge
replacement and rehabilitation projects, and
AREAS, 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:
Federal °/Q
Preliminary Engineering:
Right -of -Way:
Utilities:
Construction:
Construction Supervision:
80
0
0
80
80
City
20
100
100
20
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 injunes or damage of any nature pursuant to the terns 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 descnbed hereinafter.
THE CITY WILL:
1. Transmit to the Department a signed and sealed copy of the Resolution from the City Council
(see Attachment B) which requests a project and authorizes the Mayor to execute agreements
and contracts with the Department for this project.
2. Submit a $35,000 deposit to the Department before preliminary engineering begins and the
local matching share of the total estimated cost before a contract is awarded for construction.
3. Be responsible for 100% of the cost for appraisal and acquisition of right-of-way, relocation
services (when required), adjustment of all man-made improvements, including utilities. Be
responsible for 20% of the cost for preliminary engineering, construction, and construction
engineering.
NOTE: The maximum amount of Federal -aid funds available for this project is Si million.
4. 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.
5. Be responsible for 100% of all preliminary engineering, nght-of-way, and other costs
incurred should the City not enter into the construction phase of the project.
6. Bear any claim awarded against the Arkansas State Highway Commission or the Department
or its officers and employees because of any damage sustained on account of the operations
or actions of the City; or because of any act of omission, neglect, or misconduct of said City;
or from any claims or amounts arising or recovered under any law, ordinance, order, or
decree including but not limited to, claims before the Arkansas State Claims Commission;
provided, however, that the City and Department shall at all times protect as sacred the
immunity from civil suits afforded the State of Arkansas and its several Agencies,
Commissions and Departments, such as the Department and the Arkansas State Highway
Commission, as mandated by Article 5, § 20 of the Constitution of Arkansas, Ark. Code Ann.
§ 19-10-305, and the 11`" Amendment of the Constitution of the United States.
7. Repay to the Department the federal share of the cost of this project if for any reason the
Federal Highway Administration removes federal participation.
8. Be responsible for all costs not provided by the Federal Highway Administration.
9. Be responsible for satisfactory maintenance and operation of all improvements on that
portion of the project not 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.
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 maintenance and
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.
-2-
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.
THE DEPARTMENT WILL:
1. Be responsible for administering Federal -aid funds and for project construction supervision
2. Be responsible for preparing plans and specifications for this 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 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 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
2002.
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT
CITY OF FAYETTEVILLE
/044A,
Dan Flowers Dan Coody
Director of Highways and Transportation Mayor
•
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 minonty 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".)
•
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNENG 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 carryout, 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")
nlll._tull_lll l/
FE 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:
Replacement of Bridge No. 19529 over Town Branch on South Garland Avenue
WHEREAS, the City of Fayetteville understands Federal -aid Highway Bridge Replacement and
Rehabilitation' fiords are available for certain qualified city bridges at the following federal participating
ratios:
City Bridge Projects
City projects programmed
but not let to contract
Federal , City
Work Phase $hare Sl=
Preliminary Engineering 80% 20%
Right -of -Way 0% 100%
Utilities 0% 100%
Constnrction 80% 20%
Construction Engineering 80% 20%
All Phases -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 II: Mayor Dan Coody is hereby authorized and directed to execute all appropriate
agreements and contracts necessary to expedite the construction of this city 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
ATTEST:
. (SEAL)
2002.
Mayor Dan Coody
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
•
PUBLIC WORKS DEPARTMENT
TO: Mayor Dan Coady and
Fayetteville City Council
FROM: Greg Boettcher, P.E.,
Public Works Director
Date: July 8, 2002
,47,6thi%
RE: Federal -Aid Bridge Replacement Project
South Garland Avenue Bridge (#19529)
BACKGROUND
The City of Fayetteville uses the Arkansas Highway and Transportation Department for
annual inspection services. Under this agreement, qualified state bridge inspection personnel
perform evaluations of all city bridges noting deficiencies and maintenance needs for each
structure. These services are provided at a normal cost of $1,000.00 to $1,400.00 per year.
Bridge inspection reports serve multiple purposes including:
• Define bridge maintenance tasks for completion of Street Division
• Evaluate structural adequacy and capacity of the bridges
• Establish priorities for bridge maintenance and replacement activities
• Identify bridges that are eligible for funding under AHTD Programs
DISCUSSION
The AHTD inspection report and the Fayetteville Capital Improvement Plan identified
the Dead Horse Mountain Road Bridge as the next priority for the Federal -Aid Highway Bridge
Replacement and Rehabilitation Program. The Agreement of Understanding for this project was
presented to the City Council in February of 2002, where the matter was returned to the Street
committee for further study.
At the June 2002 Street Committee Meeting the South Garland Avenue Bridge (#19529)
over Town Creek was recommended as the next priority for this AHTD Program.
The proposed agreement, attached hereto, provides 80% grant funding on eligible costs,
and will allow Arkansas Highway and Transportation Department to formally place this project in
the work schedule. The City of Fayetteville shall be required to pay a deposit at such time as the
preliminary design communes.
RECOMMENDATION
It is recommended that the City Council approve this agreement and authorize the
Mayor's execution of the "Agreement of Understanding between the City of Fayetteville and the
Arkansas Highway and Transportation Department".
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257
FAYETTEV1LE
PUBLIC WORKS DEPARTMENT
THE CITY OF FAYETTEVILLE, ARKANSAS
TO: Mayor Dan Coody and
Fayetteville City Council
FROM: Greg Boettcher, P.E.,
Public Works Director
Date: July 8, 2002
sope
RE' Federal -Aid Bridge Replacement Project
South Garland Avenue Bridge (#19529)
BACKGROUND
The City of Fayetteville uses the Arkansas Highway and Transportation Department for
annual inspection services. Under this agreement, qualified state bridge inspection personnel
perform evaluations of all city bridges noting deficiencies and maintenance needs for each
structure. These services are provided at a normal cost of $1,000.00 to $1,400.00 per year.
Bridge inspection reports serve multiple purposes including:
• Define bridge maintenance tasks for completion of Street Division
• Evaluate structural adequacy and capacity of the bridges
• Establish priorities for bridge maintenance and replacement activities
• Identify bridges that are eligible for funding under AHTD Programs
DISCUSSION
The AHTD inspection report and the Fayetteville Capital Improvement Plan identified
the Dead Horse Mountain Road Bridge as the next priority for the Federal -Aid Highway Bridge
Replacement and Rehabilitation Program. The Agreement of Understanding for this project was
presented to the City Council in February of 2002, where the matter was returned to the Street
committee for further study.
At the Junc 2002 Street Committee Meeting the South Garland Avenue Bridge (#19529)
over Town Creek was recommended as the next priority for this AHTD Program.
The proposed agreement, attached hereto, provides 80% grant funding on eligible costs,
and will allow Arkansas Highway and Transportation Department to formally place this project in
the work schedule. The City of Fayetteville shall be required to pay a deposit at such time as the
preliminary design communes.
RECOMMENDATION
It is recommended that the City Council approve this agreement and authorize the
Mayor's execution of the "Agreement of Understanding between the City of Fayetteville and the
Arkansas Highway and Transportation Department".
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257
• •
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Dan Flowers
Director
Telephone (501) 569-2000
The Honorable Dan Coody
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear Mayor Coody:
January 2, 2002
•
J
i?AI
P.O. Box 2261
Little Rock, Arkansas 72203-2261
Telefax (501) 569-2400
Reference is made to your recent request for a bridge replacement project for Bridge No. 17332 over the
West Fork of the White River on Dead Horse Mountain Road. This bridge is eligible for replacement
under the Federal -aid Highway Bridge Replacement and Rehabilitation Program.
Preliminary engineering, including an environmental review, right-of-way acquisition and plan
preparation, takes approximately two to three years for a project of this type. Also, there is an upper
limit of $1 million in Federal -aid available for the project.
In order to proceed with programming this Federal -aid bridge replacement project, your City Council
must adopt a resolution for the project (sample enclosed) and then the enclosed Agreement of
Understanding should be signed. Upon receipt of a signed and sealed copy of the resolution and the
signed Agreement, State and Federal -aid numbers will be assigned and a copy of the executed
Agreement will be returned to you. We will request a deposit from the City prior to beginning
preliminary engineering.
If you have any questions, please contact Bill Bradberry in our Programs and Contracts Division at
(501) 569-2261.
Robert L. Walters
Chief Engineer
Enclosures
c: Director
• STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of August 6, 2002
FROM:
Greq Boettcher
Public Works Street Dept.
Name Division
Department
ACTION REQUIRED: Approval of an agreement with the Arkansas Highway and Transportation
Department regarding design and funding for the replacement of the South Garland Avenue
Bridge (Bridge No.19529). Schedule for Project subject to AHTD, targeted date to be Fiscal
Year 2003. Costs to consist of deposit payment to AHTD at start of Preliminary design.
COST TO CITY:
S -0 -
Cost of this Request
Account Number
Category/Project Budget Category/Project Name
Funds Used To Date Program Name
Project Number Remaining 3alacce
Fund
BUDGET REVIEW:
Budgeted Item
1 -jt -o2
Budget Coordinator
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
7 / 492,
rni
C ,y At •rney Date
UA:41Z it 1409 --
Date
Approval of
Purchasing Officer
STAFF RECOMMENDATION:
Department.
GRANTING AGENT
910, Coenin S•
Grant Officer
agreement with Arkansas Highway and
Mayor / ( Date
Date
—,l4Oy
Date
Date
Transportation
Cross Reference
New Item: Yes No
Prev Ord/Res X:
Orig Contract Date:
•
STAFF REVIEW FORM
Description
Comments:
Budget Coordinator 1,
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Page 2
Meeting Date
Reference Comments:
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ACClnting Mana er Reference Comments:
City Attorney a Ov Reference Comments:
6dA fecdt e arcing e/e .
Viierr iiu.e stun orei:, e,
,� 7r Reference Comments:
Purchasi g Officer
ADA Coordinator
Internal Auditor
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Reference' Comments:
Reference Comments:
Reference Comments:
FAYETTEVILE
THE CITY OF FAYETTEVILE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Greg Boettcher, Public Works Director
From: Heather Woodruff, City Clerk
Date: August 8, 2002
Please find attached a copy of Resolution No. 119-02 approving an Agreement of Understanding
with the Arkansas Highway and Transportation Department regarding the design and funding for
replacement of the South Garland Avenue Bridge (Bridge No. 19529) and pledging the City's
full support for the project. The original will be microfilmed and filed with the City Clerk.
1 am returning the only original Agreement of Understanding signed by Mayor Coody to you.
Please return the original after signatures are obtained from the AHTD.
cc: Nancy Smith, Internal Audit
ti
010 03
update
Document
.Reference
RES
city of Fayetteville
dex Maintenance
Item Action
Date Ref. Taken Brief Description
8062002 119
•
8/12/2002
9:18:07
REPLACEMENT SOUTH GARLAND BRIDGE
Enter Keywords •
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•
•
•
•
RES. 119-02
AGREEMENT
UNDERSTANDING
ARKANSAS HIGHWAY
TRANSPORTATION DEPARTMENT
DESIGN
FUNDING
REPLACEMENT
SOUTH GARLAND AVENUE
BRIDGE
MICROFILM
Cmdl-Return Cmd8-Retention
Cmd5-Abstract Yes No
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(c) 1986-1992 Munimetrix Systems Corp.
• • ft
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Dan Flowers
Director
Telephone (501) 569-2000
The Honorable Dan Coody
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear Mayor Coody:
December 27, 2002
r
1.
/Rca -%/qD
eg-.2-3-oz
P.O. Box 2261
Little Rock, Arkansas 72203-2261
Telefax (501) 569-2400
Re: Job 040405
F.A.P. BRN-9142(13)
Town Branch Str. & Apprs. (S. Garland
Ave.) (Fayetteville) (S)
Washington County
Enclosed is a copy of the executed Agreement of Understanding on the referenced Federal -aid
project. In ordcr for the Department to proceed with preliminary engineering, please forward a
check in the amount of 535,000.00 (made payable to the Arkansas State Highway and
Transportation Department) to this office. The deposit will be applied to the City's matching
share when a construction contract is awarded for this work.
If you have any questions, please contact Steve Morgan in our Programs and Contracts Division
at (501)569-2261.
Enclosure
ti
1/451 e
co
Y rs truly,
Robert L. Walters
4pAv‘,6t) to.9°
Chief Engineer
LP0
•
•
• •
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 Admmistratton
RELATIVE TO
The improvement of Bridge Number 19529 over Town Branch on South Garland Avenue
(hereinafter called "the project") utilizing Federal -aid Highway Bridge Replacement and
Rehabilitation funds.
WHEREAS, the Transportation Equity Act for the Twenty -First Century (TEA -21) provides
80% Federal -aid funds to be matched with 20% non-federal funds (cash match) for certain bridge
replacement and rehabilitation projects, 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:
Federal % City %
Preliminary Engineering: 80 20
Right -of -Way: 80 20
Utilities: 80 20
Constriction: 80 20
Construction Supervision: 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
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:
I. Transmit to the Department a signed and sealed copy of the Resolution from the City Council
(see Attachment B) which requests a project and authorizes the Mayor to execute agreements
and contracts with the Department for this project.
2. Submit a $35,000 deposit to the Department before preliminary engineering begins and the
local matclung share of the total estimated cost before a contract is awarded for construction.
3. Be responsible for 20% of the cost of 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.
NOTE: The maximum amount of Federal -aid funds available for this project is Si million.
4. 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
5. Be responsible for 100% of all preliminary engineering, nght-of-way, and other costs
incurred should the City not enter into the construction phase of the project.
6. Bear any claim awarded against the Arkansas State Highway Commission or the Department
or its officers and employees because of any damage sustained on account of the operations
or actions of the City; or because of' any act of omission, neglect, or misconduct of said City;
or from any claims or amounts arising or recovered under any law, ordinance, order, or
decree including but not limited to, claims before the Arkansas State Claims Commission;
provided, however, that the City and Department shall at all times protect as sacred the
immunity from civil suits afforded the State of Arkansas and its several Agencies,
Commissions and Departments, such as the Department and the Arkansas State Highway
Commission, as mandated by Article 5, § 20 of the Constitution of Arkansas, Ark. Code Ann
§ 19-10-305, and the 11th Amendment of the Constitution of the United States.
7. Repay to the Department the federal share of the cost of this project if for any reason the
Federal Highway Administration removes federal participation.
8. Be responsible for all costs not provided by the Federal Highway Administration.
9. Be responsible for satisfactory maintenance and operation of all improvements on that
portion of the project not 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.
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 maintenance and
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.
THE DEPARTMENT WILL:
1. Be responsible for administering Federal -aid funds and for project construction supervision.
2. Be responsible for preparing plans and specifications for this 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 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 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 ,23 rcl day of
Avr4- 2002.
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION D PARTMENT CITY OF FAYETTEVILLE
D. lowers Dan Coody
Director of High ays and Transportation Mayor