HomeMy WebLinkAbout14-03 RESOLUTION• •
RESOLUTION NO. 14-03
A RESOLUTION TO APPROVE A COST SHARE IN THE AMOUN 1
OF $17,500.00 WITH THE UNIVERSI"IY OF ARKANSAS TO FUND
THE PRELIMINARY ENGINEERING SERVICES FOR RAZORBACK
ROAD IMPROVEMENT
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 a cost share with the University of Arkansas to pay the
Arkansas Highway Department 535,000.00 for preliminary engineering services
for Razorback Road improvement. The City of Fayetteville's share shall be
517,500.00.
PASSED and APPROVED this the 4th day of February, 2003.
By: Oft. (SiM^,,7t'�
Sondra Smith, City Clerk
APPROVE
By
—- - —
DAN COODY, Mayor
AGIOMENT 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 (FHWA)
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RELATIVE TO
Widening Hwy. 112 from Hwy. 180 (6th Street) to Garland Avenue (hereinafter called "the
project") utilizing Federal -aid Surface Transportation Program (STP) funds.
WHEREAS, the Transportation Equity Act for the Twenty-first Century 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, each project phase will be funded as follows, subject to a limit of $1,000,000 in
Federal STP funding:
Federal % State % Ci_ ty %o
Preliminary Engineering: 0 100 0
Right -of -Way: 80 0 20
Utilities: 80 0 20
Construction: 80 0 20
Construction Engineering: 80 0 20
d
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.
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THE CITY WILL.
1. Transmit to the Department a signed and sealed copy of the Resolution (Attachment B) from
the City Council which requests the project and authorizes the Mayor to execute contracts
with the Department.
2. Upon request, submit to the Department $35,000.00 before preliminary engineering by the
Department begins.
3. Be responsible for the 20% match for the cost of 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 STP funding available for this project is $1 million. •
4. Be responsible for 100% of all right-of-way, utility, construction and construction
engineering costs not provided by the Federal Highway Administration.
5. 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.
6. Be responsible for 100% of all right-of-way and utility costs incurred should the City not
enter into the construction phase of the project.
7. Submit to the Department the local matching share of the total estimated cost before the
project is awarded to contract.
8. Make no alterations to the improvements constructed with Federal -aid funds without first
consulting with the Department.
9. 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, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
THE DEPARTMENT WILL:
1. Be responsible for administering Federal -aid funds and for project construction supervision.
2. Be responsible for 100% of the cost of developing plans and specifications for the 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.
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IT IS FURTHER AGREED theishould the City fail to fulfill its respilbilities and assigned
dunes 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 9-1:k day of
4992.
X003
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT
Dan Flowers
Director of Highways and Transportation
CITY OF
FAYETfEVIIIF
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• Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING MINORITY BUSINESS ENTERPRISES
It is the policy of the U. S. Deparunent of Transportation that minority business
enterpnses (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 ongin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a minority business enterprise affirmative action program which the recipient
agrees to carry out, this program is incorporated into this financial assistance agreement
by reference. This program shall be treated as a legal obligation and failure to carry out
its terms shall be treated as a violation of this financial assistance agreement. Upon
notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which
sanctions 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 Subsecuon 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 tern "contractor" modified to include "subcontractor".)
•
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FEDERAL -AID PROJECT RESOLUTION
RESOLUTION NO. 4 "03
A RESOLUTION EXPRESSING THE WILLINGNESS OF
THE CITY OF FAYETTEVILLE
TO UTILIZE FEDERAL -AID MONIES
FOR THE FOLLOWING CITY PROJECT:
Attachment B
Widening Hwy. 112 from Hwy. 180 (61° Street) to Garland Avenue
WHEREAS, the City of Fayetteville understands Federal -aid Surface Transportation Program funds are
available for certain local projects at the following federal participating ratios:
Work Phase Federal Share State Share City Share
Preliminary Engineering 0% 100% 096
Right -of -Way 809E 0% 20%
Utilities 809E 0% 20%
Construction 80% 0% 20%
Construction Engineering 809E 0% 20%
City projects programmed Right -of -Way
but not let to contract Utilities
0% 0% 100%
0% 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 or his designee is hereby authorized and directed to execute
all appropriate agreements and contracts necessary to expedite the construction of this project.
SECTION III: The City pledges its full support and hereby authorizes the Arkansas State
Highway and Transportation Department to initiate action to inplement this project.
THIS RESOLUTION adopted this 4 * day of ija.�1wnn�I
ATTEST'
(SEAL)
3002.
a0°3
kw geei % -.
r
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 14-03
Document
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NOTES:
1
01/21/03
Resolution 14-03w/agreement
2
01/27/03
Staff Review Form w/attachments
1/27/02 memo to mayor/city council
1/15/02 memo to Street Committee
3/27/02 letter to Dan Flowers, P.E.
7/9/02 letter to Dan Coody
7/30/02 letter to Donald 0 Pederson
8/2/02 fax from Donald O. Pederson
3
02/18/03
memo to Jim Beavers
NOTES:
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FAYETTE1PI LLQ
THE CITY Of FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Jim Beavers
Engineering Division
From Clarice Buffalohead-Pearinan k/
City Clerk's Division
Date: 2/18/2003
Re: Res. 14-03
Attached you will find an executed copy of the above referenced resolution passed by the City
Council on February 4, 2003, approving a cost share with the University of Arkansas to pay the
Arkansas Highway Department $35,000.00 for preliminary engineering service for the Razorback
Road Improvement with the city's share in the amount of $17,500.00. Also attached you will find
the Agreement of Understanding signed by the mayor. Please obtain Mr. Flower's signature on
the agreement. Upon AHTD retum of an executive agreement, please make yourself a copy and
retum the original to the city clerk's office.
Thank you for your cooperation, if anything else is needed please let the city clerk's office know.
/cbp
Attachments
cc Nancy Smith, Internal Auditor
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STAFF REVIEW FORM
x AGENDA REQUEST
x CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of February 4, 2003
FROM:
•
Jim Beavers Engineering CPE Services
Name Division Department
ACTION REQUIRED:
1. Approval of a resolution to a cost share with the University of Arkansas to fund the
preliminary engineering agreement with the Arkansas Highway and Transportation Department
for preliminary engineering services relative to Razorback Road (Highway 112) from 6'h Street
(Highway 180) to Garland/Maple (Highway 112). The total costs of the agreement shall be
$35,000.00 with the City's share to be one-half totaling $17,500.00.
2. Approval of the "Agreement of Understanding Between the City of Fayetteville and The
Arkansas Highway and Transportation Department".
3. Approval of the "Federal -Aid Project Resolution" as submitted as "Attachment B" by the
Arkansas Highway and Transportation Department.
COST TO CITY:
$ 17,500
Cost of this Request
4470.9470.5809.00
Account Number
021 16 - 10
Project Number
$350,000
Category/Project Budget 2003
0
Funs Used To Date 2003
$332,500
Remaining Balance 2003
Street Impvt
tategory/Project Name
Cost Shares
Program Name
Sales Tax
Fund
A
GE RE, W:
Budget anage
x Budgeted Item
Budget Adjustment Attached
Finance and Internal Services Director
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CO RAC 'T RANT/LEASE REVIEW:
7L
e ///7/03
Accounting Manager
Date
City Attorney
Ltau
Purchasing Officer
Datc
1l(7/Oa
Date
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GRANTING AGENCY:
uf.�1,CSACOS1/1 7 0 3
Internal Auditod/ Date
ADA Coordinator Date
Grant Coordinator Date
STAFF RECOMMENDATION: Approval
Di s�A ion Head
00"/ 7-03
Date Cross Reference
Department Director
Date
New Item: Yes x No
(-J3 Prev Ord/Res k:
Finance and Internal Services Director Date
Chic d rstrativc Officer
Mayor
Datc
241/00 2
Orig Contract Date:
Orig Contract No:
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STAFF REVIEW FORM Page 2
Description Razorback Road Agreement of Understanding
Meeting Date February 4, 2003
Comments: Reference Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Grant Coordinator
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Engineering Division
To: Dan Coody, Mayor
Fayetteville City Council
Thru: Staff Review
From. Jim Beavers, Engineering1
Date: January 17, 2002
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Rc: City Council Meeting February 4, 2003
Proposed agreement with the Arkansas Highway and Transportation Department relative
to preliminary engineering for Razorback Road from 611' Street to Garland/Maple.
Please find attached the proposcd agreement and supporting documentation.
The project scope is Razorback Road (State Highway 112) from 6t Street (State Highway 180)
north and east to the Garland/Maple intersection.
The total costs are $35,000.00 which will be shared "50/50" with the University of Arkansas.
The City's costs for the preliminary study will be $17,500.00.
This agreement and authorization for the cost share was approved by the City of Fayetteville
Council Street Committee on January 15, 2003.
Enclosures:
1. "Agreement Of Understanding Between The City Of Fayetteville And The Arkansas State
Highway And Transportation Department ... relative to widening Hwy 112 from Hwy. 180 (6`h
Street) to Garland Avenue"
Such Agreement includes as additional formal Resolution as Attachment B.
2. Memorandum from Greg Boettcher, P.E., to the City of Fayetteville Street Committee dated
January 15, 2003.
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3. Letter from Mayor Coody to Dan Flowers (AHTD) dated March 27, 2002.
4. Letter from Dan Flowers (AHTD) to Mayor Coody dated July 9, 2002.
5. Letter from Mayor Coody to Donald Pederson (University of Arkansas) dated July 30, 2002.
6. Fax response from Donald Pederson (U of A) to Mayor Coody datcd August 2, 2002 with
agreement to the cost share of $ 17,500.00.
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE/PUBLIC WORKS DEPARTMENT
TO: FAYETTEVILLE STREET COMMITTEE
Bob Davis, Chairman; Lioneld Jordan, Alderman; Don Marr,
Alderman; Robert Reynolds, Alderman
COPY: Mayor Dan Coody, Jim Beavers, Heather Woodruff, Hugh
Earnest, Terry Gulley, Tim Conklin
FROM: Greg Boettcher, Public Works Director
DATE: January 15, 2003
RE• Razorback Road Improvement Project
Federal -aid Surface Transportation Program
BACKGROUND
Representatives of the University of Arkansas met with Fayetteville City
Administration in early 2002 to discuss the concept of improving Razorback Road from
South Street north to the Intersection of Garland Avenue and Maple Street. The
University had developed a preliminary schematic of widening and wished to collaborate
with the City on such capital Improvement project. Since this improvement would
connect two pending improvement projects (Razorback Road improvements from 15th to
6t° Street and Garland Avenue Improvements from Wedington to Maple), it was deemed
an essential Zink in a major transportation corridor. Also, since the road was under the
jurisdiction of the Arkansas State Highway and Transportation Department (AHTD) as
Highway 180, the improvement project could be eligible for state/federal assistance.
Mayor Coody has requested the AHTD to consider funding of this critical road
improvement project due to its connectivity to other major corridors. On July 9, 2002,
the AHTD responded to this request by forwarding an "Agreement of Understanding
between the City of Fayetteville and the Arkansas State Highway and Transportation
Department". On July 30, 2002, Mayor Coody advised the University of Arkansas of the
AHTD participation agreement and requested that the University of Arkansas financially
participate in and support this activity. A fax was received from the University on
August 2, 2002 from Mr. Pederson confirming the 50-50 cost share on the preliminary
engineering cost of 535,000.00. Copies of the correspondence are attached.
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RECOMMENDATION
It is recommended that the Fayetteville Street Committee approve the preliminary
engineering activities on Razorback Road Improvement Project with the net cost to the
City of Fayetteville being 517,500.00. This agreement shall need to then proceed to the
City Council for approval and authorization of the mayor's execution of the Agreement of
Understanding.
FAYETTEVLLE
March 27, 2002
Mr. Dan Flowers, P.E.
Arkansas State Hwy. & Transportation Dept
P.O. Box 2261
Little Rock, Alt 72209
RE: Surface Transportation Program (STP)
Razorback Road (State Hwy. 265)
Fayetteville, Washington County, Arkansas
Idea Mr. Flowers,
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efrzeiezAer- ter,
Fayettevi le's surface transportation system is becamag increasingly inadequate
for the public's transportation needs. Continued co unumity growth coupled with the
unique demands of the University of Arkansas campus require infrastructure
improvement projects that exceed local resources. To alleviate a pressing local
tomsportationsystem drfiriry the Citynequrstc funding assistance for the
improvement of Razorback Road, beginning at Sixth St. and continuing north to Garland
Avenue. It is understood that the $4 — 6 million project may obtain financial assistance
under Arkansas Highway and Transportation Program (STP). Incorporation of the
Razorback Road Project into the STP work plan is requested. In addition to providing a
critically needed interior transportation corridor, this activity may provide long -tens
benefits by becoming an instirimnmal drive of the University of Arkansas Discussions
with Don Pederson, Vice Chancellor of Finance at the University of Arkansas have
confirmed this project to be a high priority for them, as it is for the City
The construction of this segment of Razorback Road is a crucial link between
otter transportation projects, and is essential for realization of full benefits from other
projects. North of this project, the improvement of Garland Avenue, from Maple Street
to Wedington Drive is nearing start of construction. South of this project, improvement
of Razorback Road from Sixth Street to Fifteenth St. is scheduled; completion expected
in the next two to three years. Full function and benefit of these transportation projects
depends upon completion of the requested Razorback Road Improvements (see attached
location map).
Fayetteville has placed a strong emphasis on local transportation needs and is
seeming a romsnhmt to perform a comprehensive traffic study. This expected traffic
• 113 MT &WJTS .a 770
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Dan Flowers
Arkansas Highway & Transportaman Dept
Page 2
analysis will further validate the need for Razorback Road Improvements as well as
identify and prioritize other needs. It is requested that the Arkansas State Highway and
Transportation Department include this middle segment of Razorback Road
Improvements m its STP funding schedule, granting this need a high priority.
Should there be any questions, or if additional information is needed, please don't
hesitate to contact me at 479-575-8330.
Sincerely,
Dan Coody
Mayor
cc Greg Boettcher, Public Worts Director
Jim Beavers, City Engineer
Don Pederson, University of Arkansas
Jonathan Bantu, Arkansas State Highway Commission
ARNSAS STATE HIGHWAY COtISSION
JOHN 1.4' UPTON. CHAIRMAN
WARREN
J.W. 'BUDDY' BENAFIELD, Vice CHAIRMAN
HICKORY PLAINS
MARY P. 'PRISSY' HICKERSON
TEfARKANA
The Honorable Dan Coody
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Dear y:
P.O. Box 2261
JONATHAN BARNETT
SLLOAM SPRINGS
R E C E 1V E DARL S. ROSENBAUM
LITTLE ROCK
JUL 15 2002 DAN FLOWERS
DIRECTOR OF
CITY OF FAYETTEVILLraciKVAYS ARD TRANSPORTATION
LITTLE ROCK, ARKANSAS 72203JBEMR'S OFFICE
TELEPHONE NO. (501) 569-2000
FAX No. (501) 569-2400
July 9, 2002
Reference is made to your most recent letter requesting that we program a Federal -aid Surface
Transportation Program (SiP) City project to widen Highway 112 (Razorback Road) from
Highway 180 (6'h Street) to Garland Avenue in Fayetteville
Enclosed is an Agreement of Understanding for the project that includes a sample resolution
(Attachment .B)_ for your City Council to pass, Once the resolution is passed, please sign the
Agreement and return it with a signed and sealed copy of the resolution to the Department. We
will then execute the Agreement and return a copy to you.
If you have any questions, please advise.
Enclosure
c: Commissioner Jonathan Bamett
Chief Engineer
Sincerely,
Dia Flow
Director of Highways
and Transportation
FAYETTEWLLE •
TIMMY OP FAYETTEN.LE. AAKANSAS
July 30, 2002
Mr. Donald 0. Pederson
Vice Chancellor for Finance and Administration
University of Arkansas
406 Administration Building
Fayetteville, AR 72701
RE: Razorback Road Improvement Project
Highway 180 (6th Street) to Garland Avenue
Federal -aid Surface Transportation Program
Dear Mr. Pederson,
Following our meeting earlier this year to discuss improvement concepts for
Razorback Road, I have pursued possible funding avenues for such a project. One such
option was the use of the Federal -aid Surface Transportation Program (STP) to cover a
portion of the road improvement project costs. In response to this request, the Arkansas
Highway and Transportation Department has tendered an Agreement of Understanding
for this project. In essence, the project scope involves the improvement of Razorback
Road between 6th Street and Garland Avenue. It has been indicated that the University
of Arkansas is interested in the improvement of this road segment due to its connectivity
with the campus. Similarly, the City of Fayetteville has interest in the road improvement
due to its potential to improve the public transportation network. It appears that there are
shared benefits from this proposed project that accrue equally to the University of
Arkansas and the City of Fayetteville.
Under the STP program, this project would be eligible for 80% federal aid
towards allowable elements with a funding ceiling of $1,000,000.00. The 20% local
match, ineligible project activities and project costs above $1,000,000.00 must all be
secured to complete this project's financing program. At this time, the amount of local
matching funds needed is not known as first the preliminary engineering must be
completed. Once this preliminary design is available, a project budget will be developed
and funding sources secured. It is evident that this Razorback Road Improvement Project
will have a cost far exceeding the 51,000,000.00, therefore, local match funding must be
secured. Also, with the current economic conditions and the limited capital improvement
funding in the municipal budget, the use of municipal resources alone may not be feasible
for completion of the project's financing program.
113 WEST MOUNTAW 77701 479621.7701
FAY 4756758 7