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HomeMy WebLinkAbout15-03 RESOLUTION• • RESOLUTION NO. 15-03 A RESOLUTION TO APPROVE THE AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT FOR COST SHARING FOR THE PRELIMINARY ENGINEERING WORK TO WIDEN RAZORBACK ROAD 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 the Agreement of Understanding between the City of Fayetteville and the Arkansas Highway and Transportation Department (attached as Exhibit A) relative to widening Razorback Road and requiring an initial payment of 535,000 for preliminary engineering work by the Arkansas Highway and Transportation Department. PASSED and APPROVED this the 4Lh day of February, 2003. artif; AT TIBT. By: howet fJ nab Sondra Smith, City Clerk APPROVED: By: DAN COO P Y, May • • ASEMENT 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) RELATIVE TO Widening Hay. 112 from Hwy. 180 (6th Street) to Garland Avenue (hereinafter called "the project") utihzing 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 % Citv % 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, PI' 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: • • 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 uulities. 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, utihty, 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 WILi.,: 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. • • IT IS FURTHER AGREEDSt should the City fail to fulfill its rensibilities and assigned duties as related in this Agreement, such failure will disqualify the City from receiving future Federal -aid highway funds. rr 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 714: day of JAAt 9t 67003 ARKANSAS STATE HIGHWAY CITY OF AND TRANSPORTATION DEPARTMENT FAYEITEVIL.LE Dan Flowers Director of Highways and Transportation • AO 4, v ..4 Dan Coody Mayor • • • GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB -RECIPIENTS CONCERNING MINORITY BUSINESS ENTERPRISES Attachment A It is the policy of the U S. Deparmient of Transportation that minonty 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 m accordance with 49 CFR Part 23 to ensure that MBEs have the maxunum 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. Trus program shall be treated as a legal obligation and failure to carry out us 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 m termination of the agreement or contract by the recipient or such remedy as the recipient deems appropnate. (NOTE: Where appropriate, the tern "recipient" may be modified to mean "sub -recipient", and the term "contractor" modified to include "subcontractor") • • • MICRO LMED 'r1 ,_-a3 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: May 5, 2003 P.O. Box 2261 Little Rock, Arkansas 72203-2261 Telefax (501) 569-2400 �,gycs,W . o� .4.0/4 i r� Re: Job 040418 F.A.P. STP -9142(14) Hwy. 180 -Garland Ave. (Hwy. 112) (Fayetteville) (S) Washington County As referenced above, State and Federal -aid numbers have been assigned for the City's Federal -aid project. Enclosed is your copy of the executed Agreement of Understanding. As previously discussed, due to the backlog of projects programmed and limited funding, it will be several years before construction can begin. We will postpone requesting the City's initial deposit of S35,000 until prior to beginning preliminary engineering. If you have any questions, please contact Steve Morgan in our Programs and Contracts Division at (501) 569-2261. Enclosure Yours truly, Robert L. Walters Chief Engineer • AGEMENT 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) 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 % City Preliminary Engineering: 0 100 0 Right -of -Way: 80 0 20 Utilities: 80 0 20 Construction: 80 0 20 Construction Engineering: 80 0 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, 11' 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. 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. -IT IS FURTHER AGREED/Pat should the City fail to fulfill its resnsibilities and assigned duties as related in this Agreement, such failure will disqualify the City from receiving future Federal -aid highway funds. 11' 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 -ick- day of c6.ut tt , 201,2. aoo3 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Dan Mowers MI/Director of Highways and Transportation CITY OF FAYE'ITEVILLE Dan Coody 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 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 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".) NAME OF FILE: CROSS REFERENCE: Resolution No. 15-03 Document NOTES: 1 01/21/03 Resolution 15-03w/agreement 2 01/21/03 Staff Review Form w/attachments 3 02/18/03 memo to Jim Beavers NOTES: FAYETTEVtLLE DEE CITY OF FAYETTEVILLE. ARKANSAS • DEPARTMENTAL CORRESPONDENCE • To: Jim Beavers Engineering Division From: Clarice Buffalohead-Pearman City Clerk's Division Date: 2/18/2003 Re: Res. 15-03 Attached you will find an executed copy of the above referenced resolution, passed by the City Council on February 4, 2003 approving the Agreement of Understanding with the AHTD for preliminary engineering services to widen Razorback Road. Also attached you will find the Agreement of Understanding with the mayor's signature. Please obtain Mr. Flowers' signature on the agreement. Upon the retum of the agreement please make your division a copy of the agreement and retum the original agreement 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 • • STAFF REVIEW FORM x AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 4, 2003 FROM: Jim Beavers Engineenng 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 60' 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 8" by the. Arkansas Highway and Transportation Department. : - COST TO CITY: 175_00 Cost Fthis Request 4470.9470.5809.00 Account Number 02116-10 Project Number $350,000 Category/Project Budget 2003 0 Fun Used To Date 2003 $332,500 Rematnmg Balance 2003 Street Imppvt Category/Project Name Cost Shares Program Name Saves Tax x Budgeted Item budget anag Budget Adjustment Attached Finance and Internal Services Director • • CO,N'RAC RANT/LEASE REVIEW: 7 "l 1 117/03 Accounting Manager Date City Attoiney Date A)(JUJUll1-1' Purchasing Officer Date GRANTING AGENCY: nEft ! // 7/0 3 Internal Audit Date ADA Coordinator Date Grant Coordinator Date STAFF RECOMMENDATION: Approval %}tom- ov-i7-o3 Di ion Head Date Department Director Date Ara Finance and Internal Services Director %-2I--v'1 /-a1-o3 Chie dministrative Officer Date Cross Reference New Item Yeses No Prev Ord/Res #: Date Orig Contract Date: Orig Contract No: • • 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