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HomeMy WebLinkAbout24-06 RESOLUTIONRESOLUTION NO. 24-06 A RESOLUTION EXPRESSING THE WILLINGNESS OF CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID MONIES FOR THE REPLACEMENT OF STRUCTURE No. 17332 OVER THE WEST FORK OF THE WHITE RIVER ON DEAD HORSE MOUNTAIN ROAD. WHEREAS, the City of Fayetteville understands Federal -aid Bridge Replacement and Rehabilitation Program funds are available for certain city projects at the following federal participating ratios: Work Phase Federal Share City Match 1. Bridge & Approach Preliminary engineering 80% 20% Construction on City Streets Right -of -Way 80% 20% & Utilities Construction & 80% 20% Engineering 2. City projects programmed All Phases -0- 100% but not let to contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City will participate in accordance with its designated responsibilities in this project. Section 2. That the Mayor, or their designee, is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this city project. Section 3. That the City pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. ATTES By: PASSED and APPROVED this 7'h day of February, 2006. APPROVE By: DAN COODY, Mayor t o� \5„. ...reqs'., SONDRA SMITH, City Clerk v ' - 13 S. E :FAYETTEVILLE; S�J dii;4✓GTON G , iantnua.` • Matt Casey Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 7 -Feb -06 City Council Meeting Date Engineering Division Action Required: Operations Department Resolution expressing the willingness of the City of Fayetteville to utilize federal aid monies for the design and replacement of the Dead Horse Mountain Bridge 0.00 Cost of this request 4470.9470.5817.00 03005 Project Number Budgeted Item x 543,000.00 Category/Project Budget $ Funds Used to Date 543,000.00 Remaining Balance Budget Adjustment Attached AHTD Bridge Cost Sharing Program Category / Project Name Bridge & Drainage Improvements Program / Project Category Name Sales Tax Capital Improvements Fund Name Department Director Date D9J? I/236CityAttorney Finance and Internal Service Director %/ Mayor f f 73(p[ 1 Da e z7a%OG Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Comments: City Council Meeting of February 7, 2006 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Ron Petrie, City Engineer 1i? Date: January 17, 2006 Subject: Resolution expressing the willingness of the City of Fayetteville to utilize federal aid monies for the design and replacement of the Dead Horse Mountain Bridge RECOMMENDATION Staff recommends approval of a resolution expressing the willingness of the City of Fayetteville to utilize federal aid monies for the design and replacement of the Dead Horse Mountain Bridge. This project is eligible for the Federal -aid Highway Bridge Replacement and Rehabilitation Program. The funding would be split eighty percent (80%) Federal and twenty percent (20%) City, with a one million dollar cap on the Federal funds. BACKGROUND On August 6, 2002, the City of Fayetteville City Council passed a resolution to approve an agreement with the Arkansas State Highway and Transportation Department for the design and replacement of the Garland Ave. Bridge. The AHTD proceeded with the design and presented the City with a preliminary set of construction plans and an estimated cost for the bridge replacement. The City of Fayetteville Street Committee, on August 25, 2005 agreed to discontinue the Garland Ave. project and instead use the bridge replacement fund for the replacement of the Dead Horse Mountain Rd. Bridge. In December of 2005, the Arkansas State Highway and Transportation Department approved the City's request to change from the Garland Avenue bridge project to the Dead Horse Mountain Road bridge. The City provided a deposit of $35,000 for the Garland Ave. project design. The AHTD incurred $22,982.78 in charges to date. The remainder of the deposit will be returned to the City of Fayetteville An additional 1 City Council Meeting of February 7, 2006 $35,000 will be needed as a deposit for the Dead Horse Mountain Bridge project prior to the start of the design. BUDGET IMPACT There is currently $543,000 in the City fund titled State Bridge Cost Sharing Program. Additional fund will be budgeted for 2007 for the CIP program. 2 RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID MONIES FOR THE REPLACEMENT OF STRUCTURE No. 17332 OVER THE WEST FORK OF THE WHITE RIVER ON DEAD HORSE MOUNTAIN ROAD. WHEREAS, the City of Fayetteville understands Federal -aid Bridge Replacement and Rehabilitation Program funds are available for certain city projects at the following federal participating ratios: 4 Work Phase 1. Bridge & Approach Preliminary engineering Construction on City Streets Federal Share City Match 80% 20% Right -of -Way 80% 20% & Utilities Construction & 80% 20% Engineering 2. City projects programmed All Phases but not let to contract -0- 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City will participate in accordance with its designated esponsipilitiel in this project. Section 2. That the Mayor, or their designee, is hereby authorized and all appropriate agreements and contracts necessary to expedite th constr project. irected to execute ction oto this city Section 3. That the City pledges its full su.3art .nd hereby <uthorizes the Arkansa .State Highway and Transportation Dept to initiatIct on Yo implement this project. PASSED and By SOVD Rr SMITH, City Clerk By: DAN COODY, Mayor ARKANSAS STATE HIGHWAY AND RECEIVED TRANSPORTATION DEPARTMENT JAN 0 4 2005 ENGINEERIN(tItrs Phone( 01 569-2000 Fax(501)569-2400 • December 28, 2005 The Honorable Dan Coody Mayor of Fayetteville 113 West Mountain Fayetteville, AR 72701 P.O. Box 2261 Little Rock, Arkansas 72203-2261 W W W.ARKANSASH1GH WAYS.COM RECEIVED JAN 01 2006 SRY OF FAYETTt v ILLE MAYOR'S OFFICE Re: Job 040405 F.A.P. BRN-9142(13) Town Branch Str. & Apprs. (S. Garland Ave.) (Fayetteville) (S) Washington County Dear Mayor Coody: Reference is made to your recent letter proposing to replace the subject Federal -aid Bridge Replacement and Rehabilitation Program project with a project for the bridge on Dead Horse Mountain Road. The bridge is eligible for replacement, and your request is approved subject to the following. Your City Council must adopt a resolution for the Dead Horse Mountain Road bridge project (sample enclosed). Upon receipt of a signed and sealed copy of the resolution, the Department will develop a new Agreement of Understanding and request a deposit for this project. Additionally, the City provided a deposit of $35,000.00 for the Town Branch project and the Department has incurred $22,982.78 in charges to date. After the Department has conducted a final accounting of the project, this project will be cancelled and the unused funds will be returned to the City. As discussed in your letter, the Town Branch bridge may be reprogrammed for replacement at a future date. If you have any questions or need additional information, please contact our Programs and Contracts Division at (501) 569-2261. Enclosure c: Assistant to the Director Programs and Contracts Planning and Research District 4 Engineer Fiscal Services Job 040405 "C" File Yours truly, Robert L. Walters Chief Engineer • 1. AI ;;s r.• za rl z; ijr Cr e: jr C,. _• FEDERAL -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 Structure No. 17332 over West Fork of the White River on Dead Horse Mountain Road WHEREAS, the City of Fayetteville understands Federal -aid Bridge Replacement and Rehabilitation Program funds are available for certain city projects at the following federal participating ratios: Work Phase Federal Share City Match 1. Bridge & Approach Preliminary Engineering 80% 20% Construction on City Streets Right -of -Way 80% 20% & Utilities Construction & 80% 20% Engineering 2. City projects programmed All Phases -0- 100% but not let to contract 4 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: The Mayor, or their designee, 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. THIS RESOLUTION adopted this day of ATTEST: (SEAL) Mayor Clarice Pearman - Res. 24-06 Page 1 From: Clarice Pearman To: Casey, Matt Date: 2/13/06 2:04PM Subject: Res. 24-06 Matt, Attached is a copy of the resolution passed by City Council, February 7, 2006 regarding the replacement of Structure No. 17332. Dead Horse Mountain Rd. Bridge N Matt Casey Submitted By City of Fayetteville -Staff Review Form City Council Agenda Items or Contracts NA City Council Meeting Date Engineering Division Action Required: Cnt 3171 ak Af�t0 V Operations Department Agreement of understanding with AHTD for the design and construction of the Dead Horse Mountain Bridge. $0.00 Cost of this request 4470.9470.5817.00 03005 Project Number Budgeted Item x 543,000.00 Category/Project Budget Funds Used to Date 543,000.00 Remaining Balance Budget Adjustment Attached Department Dire. or City Attorney Financea' nd Internal ice Director Date , 3 /zala6 3/704, Dte Mayor Date AHTD Bridge Cost Sharing Program Category / Project Name Bridge & Drainage Improvements Program / Project Category Name Sales Tax Capital Improvements Fund Name Previous Ordinance or Resolution # Original Contract Date. Original Contract Number: (Received in Mayor's Office ENTERED\ la�oly Comments: To: Mayor Dan Coody Thru: Gary Dumas, Director of Operations From: Ron Petrie, City Engineer Y" Date: March 13, 2006 Subject: Agreement of Understanding with AHTD for the design and construction of the Dead Horse Mountain Bridge. RECOMMENDATION Staff recommends approval of an agreement of understanding between the City of Fayetteville and the Arkansas State Highway and Transportation Department to utilize federal aid monies for the design and replacement of the Dead Horse Mountain Bridge. This project is eligible for the Federal -aid Highway Bridge Replacement and Rehabilitation Program. The funding would be split eighty percent (80%) Federal and twenty percent (20%) City, with a one million dollar cap on the Federal funds. BACKGROUND On August 6, 2002, the City of Fayetteville City Council passed a resolution to approve an agreement with the Arkansas State Highway and Transportation Department for the design and replacement of the Garland Ave. Bridge. The AHTD proceeded with the design and presented the City with a preliminary set of construction plans and an estimated cost for the bridge replacement. The City of Fayetteville Street Committee, on August 25, 2005 agreed to discontinue the Garland Ave. project and instead use the bridge replacement fund for the replacement of the Dead Horse Mountain Rd. Bridge In December of 2005, the Arkansas State Highway and Transportation Department approved the City's request to change from the Garland Avenue bridge project to the Dead Horse Mountain Road bridge. The City provided a deposit of $35,000 for the Garland Ave. project design. The AHTD incurred $22,982.78 in charges to date. The remainder of the deposit will be returned to the City of Fayetteville. An additional $35,000 will be needed as a deposit for the Dead Horse Mountain Bridge project prior to the start of the design. On February 7, 2006, the City Council passed a resolution expressing the willingness of the City of Fayetteville to participate with AHTD for this project. The resolution authorizes the Mayor to execute all appropriate agreements and contracts necessary to 1 expedite the construction of this project. In order to proceed, the AHTD needs an agreement of understanding between the City of Fayetteville and AHTD. This agreement has been provided by AHTD and is attached for your reference. BUDGET IMPACT At this time, there is no expense for this request. There is currently $543,000 in the City fund titled State Bridge Cost Sharing Program. Additional fund will be budgeted for 2007 for the CIP program. 2 • ARKANSAS STATE HIGHWAY Rey:se v�D AND l7q TRANSPORTATION DEPARTMENT "4,o F 8 2006 �1AYpR S OF SCE le Dan Flowers Director Phone (501) 569-2000 Fax (501) 569-2400 The Honorable Dan Coody Mayor of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mayor Coody: March 6, 2006 P.O. Box 2261 Little Rock, Arkansas 72203-2261 W W W.ARKANSASHIGH W AYS.COM Re: West Fork of White River Dead Horse Mountain Road We are in receipt of Resolution 24-06 supporting the bridge replacement project for Bridge No. 17332 over the West Fork of White River on Dead Horse Mountain Road. In order to proceed with programming this Federal -aid bridge replacement project, please sign the enclosed Agreement of Understanding. Upon receipt of a 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. The Bridge Replacement and Rehabilitation Program utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project. • If you have any questions, please contact Steve Morgan or Trey Foster at (501) 569-2261. Enclosure c: Mr. Ron Petrie, City of Fayetteville Assistant to the Director Programs and Contracts Planning and Research District 4 Engineer • Yours truly, Robert L. Walters Chief Engineer AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT hi Cooperation with the U.S. Department of Transportation, Federal Highway Administration RELATIVE TO The replacement of Bridge Number 17332 over West Fork of White River on Dead Horse Mountain Road (hereinafter called the "project") utilizing Federal -aid Highway Bridge Replacement and Rehabilitation funds. WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 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 Construction: 80 20 Construction Supervision: 80 20 , and COPY 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 agre ment 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 agre ment, 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 Disadvantaged Business Enterprises as stated on Attachment A, WHEREAS, the City has transmitted to the Department a signed and sealed Resolution from the City Council (Attachment B) authorizing the Mayor to execute agreements and contracts with the Department for this project; 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- • 1. Submit to the Department a 5% deposit prior to the beginning of preliminary engineering and the local matching share of the total estimated cost before a contract is awarded for construction. 2. 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 $1 million. 3. 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. 4. Be responsible for 100% of all preliminary engineering, right-of-way, and other costs incurred should the City not enter into the construction phase of the project. 5. 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`h Amendment of the Constitution of the United States. 6. Repay to the Department the federal share of the cost of this project if for any reason the Federal Highway Administration removes federal participation. 7. Be responsible for all costs not provided by the Federal Highway Administration. 8. 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. 9. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the Department. 10. Maintain or adopt regulations and ordinances as necessary for proper operation of the improvements and be responsible for the necessary enforcement of operations as required by improvements to city streets. 11. 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 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 perfonning 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 71-4 day of Ni ma , 2006. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Dan Flowers Director of Highways and Transportation -3- CITY OF FAYETTEVILLE Dan Cood May Attachment A GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB -RECIPIENTS CONCERNING DISADVANTAGED BUSINESS ENTERPRISES It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 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 DBE requirements of 49 CFR Part 26 apply to this Agreement The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 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 26 to ensure that DBEs 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 disadvantaged 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 26, Subpart F, 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 49 CFR Part 26, Subsections 26.101 and 26.107 shall substitute' a breach of contract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub -recipient", and the term "contractor" modified to include "subcontractor") • ( Attachment$ RESOLUTION NO. 24-06 A RESOLUTION EXPRESSING THE WILLINGNESS OF CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID MONIES FOR THE REPLACEMENT OF STRUCTURE No. 17332 OVER THE WEST FORK OF THE WHITE RIVER ON DEAD HORSE MOUNTAIN ROAD. WHEREAS, the City of Fayetteville understands Federal -aid Bridge Replacement and Rehabilitation Program funds are available for certain city projects at the following federal participating ratios: Work Phase Federal Share City Match 1. Bridge & Approach Preliminary engineering 80% 20% Construction on City Streets Right -of -Way . 80% 20% & Utilities Construction & 80% 20% Engineering 2. City projects programmed All Phases but not let to contract -0- 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. That the City will participate in accordance with its designated responsibilities in this project. Section 2. That the Mayor, or their designee, is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this city project. Section 3. That the City pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. PASSED and APPROVED this 7m day of February, 2006. By: DAN COODY, Mayor ATTES ByJ : �G: Get Y p r :s •Ov SONDRA SMITH City Clerk. • 3 5 :FAYETTEVILLE' From: Clarice Pearman To: Casey, Matt • Date: 3.27.06 1:12PM Subject: AHTD Matt, I am returning to you the original agreement with the state highway department (state and federal agreement are exceptions to the rule). Please ask that I get a copy of the signed agreement. Usually there are two originals, one for state and one for the city. Thanks. Clarice Clarice Pearman - AHTD Page 1 From: Clarice Pearman To: Casey, Matt • Date: 3.27.06 1:12PM Subject: AHTD Matt, I am returning to you the original agreement with the state highway department (state and federal agreement are exceptions to the rule). Please ask that I get a copy of the signed agreement. Usually there are two originals, one for state and one for the city. Thanks. Clarice