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HomeMy WebLinkAbout29-02 RESOLUTION• • RESOLUTION NO.29-02 A RESOLUTION SUPPORTING THE WEST MUD CREEK MULTI- USE TRAIL PROJECT AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACTUAL AGREEMENT WITH THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT TO ACCEPT A GRANT IN THE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00) WITH A MATCH FROM THE CITY IN THE AMOUNT OF FORTY-TWO THOUSAND DOLLARS ($42,000.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby expresses its full support for the West Mud Creek Multi -Use Trail Project Section 2. That the City Council hereby authorizes the Mayor to enter into a contractual agreement with the Arkansas Highway and Transportation Department to accept a grant in the amount of Two Hundred Thousand Dollars ($200,000.00) with a match from the City in the amount of Forty-two Thousand Dollars ($42,000.00). PASSED and APPROVED this 19th day of February, 2002. s ER WOODRUFF, Ci Clerk APPROVED: By DAN COODY, May NAME OF FILE: CROSS REFERENCE: Resolution No. 29-02 02/19/02 Resolution No. 29-02 Per Steve Hatfield/Park Landscape Architect: We will receive the contractual agreement with the grant 01/29/02 Memo to Mayor Coody and City Council, thru Hugh Earnest, Urban Dev. Director, Connie Edmonston, Parks & Rec. Superintendent, from Steve Hatfield, Park Landscape Architect, regarding Federal -Aid Enhancement Funds for West Mud Creek Multi -use Trail 01/17/02 Letter to Mayor Coody from Dan Flowers, Director of Highways and Transportation AHTD 02/19/02 Staff Review Form 02/26/02 Memo to Connie Edmonston, Parks & Recreation, from Heather Woodruff, City Clerk NOTES: FAYETTELLE THE CITY OF FAYETTEVILLE, ARKANSAS M 01 DEPARTMENTAL CORRESPONDENCE TO: THRU: FROM: DATE: SUBJECT: Mayor Coody and City Council Hugh Earnest, Urban Development Director Connie Edmonston, Parks and Recreation Superintendent Steve Hatfield, Park Landscape Architect January 29, 2002 Federal -Aid Enhancement funds for West Mud Creek Multi -use Trail Background In October 2001, the Parks and Recreation Division applied for an TEA -21 80/20 matching grant from the Arkansas State Highway and Transportation Department. A funding request in the amount of $ 400,000 was submitted for the Mud Creek West Trail. The Mud Creek West Trail will provide an outstanding multi -use trail for our City by creating recreation and transportation opportunities between residential areas and the Steel Creek commercial development. Current Status In January 2002, the Parks and Recreation Division was notified of a grant award in the amount of $200,000 for this project. The matching funds, 540,000, for this project will come from the Parks and Recreation Sales Tax Capital Improvement Fund. Recommendation The Parks and Recreation Division seeks City Council approval in the form of a resolution showing support for the project and giving the authority to the Mayor to enter into a contractual agreement with the Arkansas State and Highway and Transportation Department to utilize matching federal -aid enhancement monies. If you have any questions or need additional information, please call me at 718- 7688 or Connie Edmonston at 444-3473. I - ASNSAS STATE HIGHWAY COIMISSION JOHN 14. LIPTON, CHAIRMAN WARREN J.W. 'BUDDY' BENAFIELD, VICE CHAIRMAN HICKORY PWNS MARY P. 'PRISSY' HICKERSON TEXARKANA The Honorable Dan Coody Mayor of Fayetteville 113 West Mountain Fayetteville, AR 72701 JONATHAN BARNETT JAN 2 2 2002 SILOAM SPRINGS P.O. Box 2261 LITTLE ROCK, ARKANSAS 72203-2261 TELEPHONE No. (501) 569-2000 FAX No. (501) 569-2400 January 17, 2002 CARL S. ROSENBAUM LITTLE ROCK DAN FLOWER., DIRECTOR OF HIGHWAYS AND TRANSPORTATION Cool Dear Mayor Coody: Reference is made to Commissioner Barnett's recent letter approving your transportation enhancement project. At this point, a resolution from your City Council is required. The resolution should indicate support for the project and give you the authority to enter into contractual agreements with the Department (see enclosed sample). A signed, sealed copy of the approved resolution should be forwarded to: Mr. Frank Vozel Programs and Contracts Division Arkansas State Highway and Transportation Department P. O. Box 2261 Little Rock, AR 72203 Once we have received your resolution, we will set a meeting with you or your representative to discuss the project and applicable requirements. Please do not begin work on the project at this time. You will receive a formal notice to proceed after our meeting. No reimbursement will be made for any work done prior to the date of the notice to proceed. Sincerely, Dan Flowers Director of Highways and Transportation Enclosure c: Commissioner Jonathan Barnett Chief Engineer A • RESOLUTION NO. • A RESOLUTION EXPRESSING THE WILLINGNESS OF (Sponsor) TO UTILIZE FEDERAL -AID ENHANCEMENT MONIES WHEREAS, understands Federal -aid Surface (Sponsors Goveming Authority) Transportation Enhancement funds are available at 80% federal participation and 20% local cash match for the following project: NOW, THEREFORE, BE IT RESOLVED BY THE (Sponsor's Governing Authority) , THAT: SECTION I: will participate in (Sponsor) accordance with its designated responsibility, including maintenance of this project. SECTION II: or their designee is (Title of sponsors CEO/CAO) hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the above stated improvement. SECTION III: pledges its full (Sponsor's Governing Authority) support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. THIS RESOLUTION adopted this day of , 2002. ATTEST: (SEAL) (Sponsors CEO/CAO) f 1 ,uacl knd 9- v van vvan ptol A RESOLUTION AUTHORIZING THE FAYEIIEVILLE PARKS AND RECREATION AND SIDEWALK AND TRAILS DIVISIONS TO APPLY FOR A TEA -21 GRANT FROM THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT FOR ADDITIONAL FUNDING FOR THE MUD CREEK WEST MULTI- USE TRAIL OR ADDITIONAL SIDEWALK PROJEC. IS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby authorizes the Fayetteville Parks and Recreation and Sidewalk and Trails Divisions to apply for a Tea -21 Grant from the Arkansas Highway And Transportation Department for additional funding for the Mud Creek West Multi -Use Trail or additional sidewalk projects. PASSED AND APPROVED this 16th day of October, 2001. • • RESOLUTION NO. 142-01 APPROVED: By: ATTEST: 11 THER WOODRUFF, y Clerk DAN COODY, Mayor J1 i 31./2e1::: ti-y'-tt_ • •ANSAS STATE. HIGHWAY AND TRANSPORTATION DEPARTMENT Dan Flc'a-rrs Dccctor Telephone k531) 9i9-2C0C The Honer able Fred Hanna Mayo] of Fayetteville 113 West. Mountain Fa.:ett^.viae, AR 72701 Dear Mayor Hanna: P.eference is made to your latest request :o allow +.hre:: sepa.'a:e c.onstructior. conttac:: Pcr the enhancement trails. This is acceptable. The foto:�vi:.gjob games aril numbers should'at used to track the individual pro;ccts. ;oh 040313, F.A.Y. STF -ENFt? (154) Faye tcvil:r Rased & Guiley Park Trails (.=.TEP -95)($) Job 04031a. F.A.P. STPE-ENIi\(tSG) rayetttville ;ogee Blvd. & earta:n Mud Creek :rails i% IEP 95 tcj Jeb 040319, F A "'. STPE-ENHTN(151) Faveneville Western.:Sud Creak Trail 1. -STEP-95XS; As shown it the enclosed Agreetnent of 'Understanding, there is a combined to:al of S6CC e00 in Federal -aid available for construction of all three projects. The City new has 9 months to s,:bmit final plans, spccificaticns and cost estimates ar.d should have all work under contract within 15 months.—Ace: If you have any questions, please contact Steven (organ or )3L•i Bradber y at (501) 569-2261. Januar: 21, 200`% 1ft- u Y'' P.D. Box 275i Litt c Rock, Arkansas 1:221'..1 226 Telefax- (.501? .`09-24(: Robert L. Walters Chief Engineer Enclosure c: Commissioner Jonathan Barnett Director doetc; C: e cat L JIM r5clt/de t C;Are 4. reit Akit nstad IL G.✓ .S✓4n t; _ JAN 2 7 2nn C: FY GF FAY_77c v+: • 1?: • ENi 1!EE'-. 1r.', Fst ACREEM .NT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Ln Cooperation with the U. S. Deparnnent of Transportation Federal Highway Administra:icn RELATIVE TO lmplementztioa of Job 040313, Fayetteville Multi -use Trails (ATEP-95) (S), F.A.P. STPE- ENRI' (154), (hereinafter called "the project') as c Federal -aid transportation enhartceme:t project. WHEREAS the Arkalises State Highway Commission has made available 80% Fcdcral-aid funds to Sc matched with 20% non-federal funds (cash thatch) for cenain rxspoaatier catancement projects, and WHEREAS. the City of Fayetteville (hereinafter called "Sponsor") has expressed its desire to use Federal -aid funds for the eligb:e project and to provide necessary matching cash share for such funds. and WHEREAS, funding participation will be as follows, subject to a limit of S603,000.00 max::err: Federal -aid approved for the project: Federal % Sponsor °.o Protect Oe,trat. 0 10;: jt.g.`,t -o i-Wayrli tiiittes: 0 100 Prejcc:Implementation: 30 20 Project Inspection. 0 100 Department Administrative Cost ('• °sof Total): 100 VIHIREAR t}- Spensor knows of no 'cgal impediments to the comp:erten c :he project. and `V}tREAS. the Sponsor understands that the Arkansas State Highway and Tanstortati:n Department thereinafter called the 'Dever:ne t") :s wifling to undertake all plan review, project bidding and consmuctioe inspection subject to reimburs-mer.: by the Sponsor and within a t:r.._ sc-edule established by the Depenrnrnent. However- rhe Sponse- desires to accept responsibility for ail project phases in ordcr to expedite project implcmcrtaron, and WHEREAS. it is specifically agreed berxeen the parties executing this agreernert that it no: intended by any pf the provisior.s of any par. of the agreemert to create the public or :1 v member thereof a third parry beneft:m.7 hereunder or to authorize anyone not a pany to :his agreement to maintain a suit cr action for injuries or damage of any nature pursuant to the terms or provisions of this agreement, and WHEREAS, it is understood that the Sponsor and the Department will adhere to the General 1/2e32 : is 5t 5P5 -8:1R • Requirements for Recipients and Sub -Recipients Ccnc:ming Minority- 3a!,iness Enterpnses L.IBEs) (Attachment A) and that, as pa.'t of these lecalteraems. the Department may set goals for 'fbE participation in the project ranging from J% to lflO% that are pracncal rd relate.. to the potential availability of MBEs in desired areas o; expertise. IT IS HEREBY AGREED toe: the Sponsor and the Department, in cooperari•ct: +s ith :he Fader' Highway Ad:ninistrtion, will participate in a coopera.ive program for hemi:-ntcctation of he project and will accept the respoasibi!ities mid assigned duties as described hereiraficr. HE SPONSOR WILL: Submit a letter to the Right of.':'+ay Division a. the Department which tithe:. (: t stip._!aces the sen'ices relative to tight -of -way acquisition„ appraisal, relocation. and u:iiiries t!:at the Sponsor will assume or (2) rccluests that the Department handle sorrtc or all of these services. Acquisition of property mast be acconpiisaed in accordance \sith :he Unifoat Relocation .Assistance and Real Property Accuisi:ion Policies Ac; of 1970, as amended (commonly referred to as the "uniform-.ct"). NOTE: Failure to notify the D partmear prior to initiating this phase of work ma} result in at1 project expenditures being declared non- participating in federal fonds. Provide a copy of the registered deed or a:i appropnate certification stating the Sponsor'; clear and unerct:crbered title to any ntht of s:3w to be used for the project. Contact the Arkansas Yisto:ic ?reservation Program (AHP?) to execute a Ded of Conservation `aaemen::cr enhancement projects involving certified historic properties or obtain a waiver from the AI -Y?. Prepare pians. specifications. ano a cost estimate for consns.tion. A :eg'st•:red prefessional en:_nc:: or a licensed architect must sign the Olins and specifications fo: :he project. Act.chrcat B for items to be included in the hid pnposal.) Cenifv that the olars and s?ecinca:ions comply with t;.e Americans with Disabilities Ar (ADA). the American Assoc:anon of State Hizhwav and Transponation Officials (AASHTO: design s t:daris. and a'i other anthcablt stare and federal rc_ulatiors. including ?.irpo C':earanee when necessary. for the ale of work Involved. 7. SLLOTri a certification tenet (.;:tachmen: C1. :nc!'udin2 all i:ems noted. (c the Deparrrent wen requesting autticrty :o advertise the r:oleo fcr construction bids. Advertise for bids in xcordanc::ani; icdeni procedures as shown in At:achmert D. S Forward a copy cf_al' ildd oda tc the project dunng :c adv'ernsemen: to !Ire Drpar.nent 9. After bids ate opened and reviewed. submit a c'ailcation !Attactmncr.: E). inch_dina items nc rev. to the Department and request concurrence in award of the :ontracr. Maintain accounting recto: dc to a..eq'ntely tupnor reimbursernt with Federal -tic finds art be responsible for the inspection. measurrtzen: and documentation of pav iters. cr.d cerifi_ation of all work in aeccrc; next with the pians and specifications for the project and for rr.onitoring the Contactor an+ subconrractot(s) 'ar compliance with the provisions of • • -;":11 Friq'A-1273. Required Cortr_ct Provisions. F edera!-aid :onstrucrton Cnrrracts, and Supplerner.ts. :.. Make payments to the coat -actor for. work acco:-.plisnec it accordance with :he piars anc'. specifications and :hen request reimbursement from the Department or. the E.nhancerne ;: Construction Certification and Reimbursemer r Request form !Attachment F), 12. Submit change orders to the contract to the Department's Resident Eatrieer ir. chzrge of reimbursements for review and approval for program a io l cuff;.. ,: Upon completion of the pro'ect. submit the Final Esurnate and ceri=v t}ia: the prciec: ttas sccompi,shcd L -i accordance with the plar.s anc specifications. (See .Arm:l_: _nr F ) 14. indemnify and hold harmless the Arkansas State highway Corruriss:on. the Depaitrnent an;: its officers and employees from all suits. actions, or claims of any character tre.vtrt because cf any damage sustained on account of the operations or actions of the said Spenser, or because of any act of omission, neglect, or ncisccnduct of said Sponsor; or from any claims or amounts arising or r..:overed under any law, ordinance. order. or decree. The Sponsor air -d Department shall ar all times protect as sacred the inurunin 'rote civil sults afforded the State of Arkansas and its several ,-ilincies, Commissions and Departments, such as I? Department. the Arlarsas Srate highway Commission, and the Sponsor, a; mandated b.0 Article 5. §20 of the Constiruron of nrkarses, Ark. 1.odc Ann. §19-I0-305, and the tut:: Amendment of the Constitution of the United States. Ars claim awarded against the Arkansas State Highway Cornttnission or the Department or its officers and employees for the aicve, including but no-. limited tc. claims before he Arkansas State Cla...:u Cam—mission shall be borne by the Sponsor. !.i. Assure chat its policies and ; ra,-tices with regard to its emp!evees. any pan of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion. sex. national otiirin, age. or disability to cornpi:ance with the Civil Rights Act or 964, the Age Discrimination in Employment Act of 1957. The Amencars with Disabilities Act of 1990, as amended. and Tide 49 of the Cod: of Federal Regulations Pan 21 (49 CFR 21). Nondiscrimination in Federally -Assisted Programs olihe Department of Transportation. i 6 Retain al! records relating, :o ir_specrion and cert:ilcation- the Contractor's bi:::a' s:atoments. and any orl:er files necessary to document the performance and car..Menne of the work i:: accordance with req_:, -emends of -N CFR •S.42 - Retention and access :eaurc:r_cnts for records (Attachment G) :c C:ant :he ries+ of access no Sponsor i records pcninerr to:hi='.IU ec' and Lhe r&,t to add:' by the Deoanrner-t and Federal iii;nwa:• Administration Be responsible for as perdor- of the total project cost and i% of the a•.v cd a.;.c_n. for Department administration. >. 3e responsible fon 100"6 of a: p: spec: feed. osis :ncurred shocad ;he c:ojec: not be comalct .'. D. Be responsible for :004c, of any and ail axpeadirures which are declared no-t,a_ticipatt^a tri federal funds, including :.wards Sy the State Claims Commission. • 54 1±.11-575-8_11_ cP7i i-Z-FLi'i^n u I- • • • 8. Visually verify (insofar as is reasonably possibi') that the wo;k meets contrite: requirements before reimbursement is made ro the Sponsor. 9. Reimburse the Sponsor 80% (Federal -aid sure) for elieible costs up to the maximum Federal -aid amount as approved in the Enhancement Construction Certification and Reimbursement Request form (Attachment F). 10. Pay the Sponsor the remaining amount due upon completion of the project and submittal of the certified Final Estimate. IT is FURTHER .AGREED that should the Sponsor fail to fulfill it responsibilities and assigned dories as related in this Agreement, such failure may disqualify the Sponsor from receiving al; future Federal -aid funds ar'r•,inisttred by the Deparmtett. 1T 1S FURT_HIR AGRFED that should the Sponsor fail to pay to the Department any required funds due for implementation of the project ur fail to complete the project as specified is this Ageernent or fail to adequately maintain or operate the project, the Department may cause fund: as may be required to be withheld from the Sponsor's gasoline tax allotment. IN WITNESS WHEREOF the parties thereto have executed this Am -eel -tient on this (0440 day of r\�i3AtuOAM fir. g99s9� ARKANSAS STATE HIGHWAY AM) TRANSPORTATION DEPARTMENT CI TY OF FAYETTEVILI.7 RECOMMENDED: RECONNIYDED: Stere ie Assistant Chief Engineer for Earring Ciry .Attorney Dan Fl•• vers tsyirector of Highwa. s and T:ansponaticr. //1 •'• ,dIGIYYtr— Fred Harta Mayor • .¢r'fU ' u r r -ort .•D • • 21. Repay to the Department the federal share of the cost of any portion of this project if. for art reason, federal participation is removed due to actions or inactions of the Sponsor, i:s aeens, its employees, or its assirrzs or die Sponsor's consultants or contractors or their agcnu. Such actions or inactions shall include, but ate not limited to. federal non -participation arisin_ from problems with design plans, specifications, construction, change orders, construction. inspection, or contractor payment procedures. The Sponsor understands and agrees that the Department may cause necessary funds to be withheld from the Spor.sor's gasoline tax allotment should the Sponsor fail to pay to the Department any required funds, fail to complete the project as specified, or 19a1110 adegaately maintain or operate the project. 22. Repay all federal funds if this is •determtned necersar; fon any reason. 23. Retain total. direct control over the project throughout the life of the improvements and not, without prior approval from the Department. • sell. transfer, or other -.vise abandon any portion of the project: • change the intended ase 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 cpe:atien of a pro'ect cue to the project's obsolescence. 24. Be responsible for satisfactory maintenance and operation of all improvements and for adopting rcaulations 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 may result in withholding all future Federal. aid. 25. Promptly notify the Dcpartment if the project is rendered unfit for continued use by natural disaster or other cause. TEE DEPARTMENT W1LL: 1. Be responsible for administering Federal -aid funds. ▪ ?:ovide the appropriate environmental docturentatior for the project when requested. provide the necessary services relative to right-of-way acquisition. appraisal. relocation, and utility adjustments in accordance with the Uniform Act and be reimbursed for costs invoked in performing these services. Loon receipt of the Sponsors certification of right-of-way (property) ownership, provide the appropriate documentation to the tile. 5. Review plats and specifications for project/program e.naib:lity. 5. Advise the Sponsor when to proceed %vith advertisement of the project for construction bids Review bid tabulations and concur ir, award of the const'uetion contract for tae project. -4. STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 19, 2002 FROM: Steve Hatfield Name Parks and Recreation Division Urban Development Department ACTION REQUIRED: Approval of a resolution showing support for the Mud Creek West Trail project and giving the authority to the Mayor to enter into a contractual agreement with AHTD. COST TO CITY: $ 40,000 Cost of this Request 4470-9470-5806-00 Account Number 02016 Project Number $ 500,000 Category/Project Budget $ 0 Funds Used To Date $ 500,000 Remaining Balance Trail/Greenway/Parkland Acquisition & Development Category/Project Name Park Improvements Program Name Sales Tax Fund BUDGET REVIEW: Budget Manager ,hi, I0v. Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: 46/a. asElu7 Accounting Manager cfil City A orney Purchasing Officer 1 -31.07 -- Date GRANTING AGENCY: ADA Coordinator Date STAFF RECOMMENDATION: Approval of Resolution Ari///, . - S41 '/t � s .ivision H W:- J=/,/i,./e/ /iLILa/% Dire .r Ad, sik - ative Services Director /-;4122- Date a.ft1ZDate Date Cross Reference New Item: Yes No Prev Ord/Res if: Orig Contract Date: Orig Contract Number: Page 2 STAFF REVIEW FORM Description Mud Creek West Trail Project Meeting Date February 19, 2002 Comments: Budget Coordinatorp Accounting Manager City Attorney Reference Comments: a %tee ?AA a 4 Ce_S ulnvi y Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVIP.LE THE CITY OF FAYETTEVILLE, ASKANSAS DEPARTMENTAL CORRESPONDENCE To: Connie Edmonston, Parks & Recreation From: Heather Woodruff, City Clerk Date: February 26, 2002 Please find attached a copy of Resolution No. 29-02 supporting the West Mud Creek Multi -Use Trail Project and authorizing the Mayor to enter into a contractual agreement with the Arkansas Highway and Transportation Department to accept a grant. As of February 22, 2002, per Steve Hatfield, Parks & Recreation, we will be receiving an agreement with the grant. The original will be microfilmed and filed with the City Clerk. c o: cc: Nancy Smith, Internal Audit Hugh Earnest, Urban Development 010 03 Update Document Reference RES Cit of Fayetteville Index Maintenance Item Action Date Ref. Taken Brief Description 2192002 29-02 • WEST MUD CREEK MULTIUSE TRAIL 2/27/2002 14:33:47 Enter Keywords File Reference # Security Class Expiration Date Date for Cont/Referred: Name Referred to • • RES. 29-02 WEST MUD CREEK MULTIUSE TRAIL PROJECT CONTRACT AGREEMENT ARKANSAS HIGHWAY & TRANSPRTATN GRANT $200,000.00 $42,000.00 HYMEOTTLI Cmdl-Return Cmd8-Retention CmdS-Abstract Yes No Retention Type: **** Active *TTT Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp.