HomeMy WebLinkAbout80-06 RESOLUTIONRESOLUTION NO. 80-06
A RESOLUTION EXPRESSING THE WILLINGNESS OF CITY
OF FAYETTEVILLE TO UTILIZE FEDERAL -AID HIGH
PRIORITY PROJECT FUNDS FOR THE U OF A
TECHNOLOGY CORRIDOR PROJECT
WHEREAS, the City of Fayetteville understands Federal -aid High Priority Project funds
are available for the U of A Technology Corridor project at the following federal participating
ratios:
City Street Projects Work Phase Federal Share City Match
Projects programmed Preliminary engineering 80% 20%
And let to contract Right -of -Way 80% 20%
Utilities 80% 20%
Construction 80% 20%
Construction Supervision 80% 20%
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, including maintenance of this project.
Section 2. That the Mayor, or his 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. �,,E41�"n,,,
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: FAYETTEVILLE:
PASSED and APPROVED this 2nd day of May, 2006
APPROVED:
By:
`
film „„A
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
2 -May -06
City Council Meeting Date
Engineering
Division
Action Required:
g1 -v6
I4 LA ��iinolo y
)rrtdt 6
Operations
Department
Resolution expressing the willingness of the City of Fayetteville to utilize Federal -Aid High Priority Project Funds for
transportion improvements within the Technology Corridor comprised of Cato Springs Road
N/A
Cost of this request
N/A
• N/A
Project Number
Budgeted Item 1
N/A
Category/Project Budget
N/A
Funds Used to Date
NIA
Remaining Balance
Budget Adjustment Attached I-1
Program Category / Project Name
Program / Project Category Name
Fund Name
Depar meat Di ector
Date
9(A) "a;) i/CCs
City Attorney
P?44b-ef:- (..6,6inance d Internal Service Director Date
Ma or
Comments:
1//78,/
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
City Council Meeting of May 2, 2006
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operatioi7
From: Ron Petrie, City Engineer
Date: April 13, 2006
Subject: Resolution expressing the willingness of the City of Fayetteville to utilize
Federal -aid High Priority Project funds for transportation improvements within
the Technology Corridor
RECOMMENDATION
Staff recommends approval of a resolution expressing the willingness of the City of
Fayetteville to utilize federal aid monies for transportation improvements within the
Technology Corridor.
BACKGROUND
The Fayetteville Technology Corridor consists primarily of improvements to Cato
Springs Road between Razorback Road and School Avenue. The street improvements
include reconstruction, widening, adding curb & gutter, underground drainage, and
sidewalks.
In 2005, the U.S. Congress passed the SAFETEA-LU transportation bill that included a
$3,200,000 federal earmark for this portion of the Technology Corridor.
CURRENT STATUS
The federally earmarked funds will be administered through the Arkansas State Highway
& Transportation Department which requires that the City pass a resolution to express the
willingness to utilize the available funds.
1
City Council Meeting of May 2, 2006
BUDGET IMPACT
There is no cost associated with this request at this time. However, in the future, the city
will be obligated to provide a match in the amount of $680,876 in order to utilize the
federal funds. These matching funds are currently being planned to be paid with the
proposed Transportation Improvement Bond Issue. If this bond issue does not proceed or
is not successful in an election, an alternate source of funding will need to be identified.
2
RESOLUTION NO.
A RESOLUTION EXPRESSING THE WILLINGNESS OF CITY OF
FAYETTEVILLE TO UTILIZE FEDERAL -AID HIGH PRIORITY PROJECT
FUNDS FOR THE U OF A TECHNOLOGY CORRIDOR PROJECT.
WHEREAS, the City of Fayetteville understands Federal -aid High Priority Project funds
are available for the U of A Technology Corridor project at the following federal participating
ratios:
City Street Projects Work Phase Federal Share City Match
Projects programmed Preliminary engineering 80% 20%
And let to contract Right -of -Way 80% 20%
Utilities 80% 20%
Construction 80% 20%
Construction Supervision 80% 20%
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,
including maintenance of this project.
Section 2. That the Mayor, or his designee, is hereby authorized and directed, -to- execute
all appropriate agreements and contracts necessary to expedite the constructidn of this city
project. r
Section 3. That the City pledges its full support and hereby authorizes the Arkansas State
Highway and Transportation Department to initiate action to implen enl this ject.
PASSED and APPROVED this 2nd day of May,. 2006.
P ROVED:
A
By:
SONDRA S
I'I H, Ci rk
DAN COODY, Mayor
U of A Technology Corridor Project - Fayetteville
SAFETEA-LU High Priority Project (HPP) Funding Summary
Language in Act:
Construct and rehabilitate University of Arkansas Technology Corridor Enhancement Project
Total Funds in Act:
$ 3,200,000 ($1,200,000 HPP #1298 + $2,000,000 HPP #3758)
Require. . c
20To of To al
PaEacI 'e r
2005
2006
2007
2008
2009
$ 640,000
640,000
640,000
640,000
640,000
2' a%Lace
$ 547,502 (1)
544,000 (2)
544,000. (2)
544,000 (2)
544,000 (2)
$ 136,876 $
136,000
136,000
136,000
136,000
684,378
680,000
680,000
680,000
680,000
urhulative
iota
$ 684,378
1,364,378
2,044,378
2,724,378
3,404,378
Total
$ 3,200,000 $ 2,723,502
680,876 $ 3,404,378
(') Based on the 2005 Federal Highway Administration Notice of Obligation Limitation Available for HPP Projects.
(2) 85% Obligation Limitation - FHWA is using 85% for planning purposes.
P&C:Admin:eah:07Mar06
Clarice Pearman - Res. 80-06
Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 5.8.06 11:21AM
Subject: Res. 80-06
Ron,
Attached is copy of the resolution passed by the City Council, May 2, 2006 regarding the U of A
Technology Corridor Project.
Thanks.
Clarice
CC: Audit
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Forrn
City Council Agenda Items
or
Contracts
N/A
City Council Meeting Date
Engineering
Division
Action Required:
Operations
Department
Execution of an Agreement of Understanding with the Arkansas Highway and Transportation Department for
Improvements to Cato Springs Road
Cost of this request
Account Number
06035.1200
Project Number
Budgeted Item
Category / Project Budget
Program Category 1 Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budget Adjustment Attached
Department ' rec
2.44ic)
Date
4 ck
Finance andlnternal Service Director
7 Z -o?
Date
Mayor
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
4 -
Item Requiring Mayor's Approval
To: Mayor Dan Coody
Thru: Gary Dumas, Director of Operations
Ron Petrie, City Engineer
From: Chris Brown
Date: June 27, 2007
Subject: Execution of an Agreement of Understanding with the Arkansas Highway
and Transportation Department for Improvements to Cato Springs Road
RECOMMENDATION
Staff recommends execution by the Mayor and City Attorney of the attached Agreement
of Understanding with the Arkansas Highway and Transportation Department (AHTD)
for improvements to Cato Springs Road.
BACKGROUND
Cato Springs Road is included in the proposed Transportation Improvement Bond
Program. Federal funding for the project was received for this project after a joint
funding request by the City and the University of Arkansas. The amount of federal
funding is anticipated to be approximately S2.72 million.
Resolution No. 80-06 (included with the Agreement as Attachment B) authorizes the
Mayor to sign this Agreement.
DISCUSSION
The Agreement establishes the funding percentages for the various project elements, and
also sets forth the obligations of the City and AHTD. The Agreement must be executed
before any reimbursements for project costs are made to the City by AHTD.
BUDGET IMPACT
This agreement does not impact the project budget.
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration
RELATIVE TO
Construct and rehabilitate Cato Springs Road from Hwy. 112 to Hwy. 71B in Fayetteville,
(hereinafter called the "project") as a Federal -aid high priority project.
WHEREAS, funding in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) includes Federal -aid funds to be matched with non-federal
funds for certain high priority projects; and
WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has expressed its desire
to use Federal -aid funds designated for an eligible project and to provide necessary matching for
such funds; and
WHEREAS, funding participation will be as follows, subject to the amount of Federal -aid funds
and obligation limitation approved and available for the project:
Maximum Minimum
Federal % Sponsor %
Right-of-Way/Utilities: 80 20
Construction: 80 20
Department Administrative Costs: 80 20 ; and
WHEREAS, the Sponsor understands that all costs for the project in excess of the sum of the
SAFETEA-LU funds and local match (and any additional Federal -aid funds that may be
earmarked for this project in the future with required match) will be the responsibility of the
Sponsor; and
WHEREAS, the Sponsor knows of no legal impediments to the completion of the project; 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 Sponsor and the Arkansas State Highway and Transportation Department
(hereinafter called the "Department") will adhere to the General Requirements for Recipients and
Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Attachment A) and
that, as part of these requirements, the Department may set goals for DBE participation in the
project, ranging from 0% to 100%, that are practical and related to the potential availability of
DBEs in desired areas of expertise.
IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal
Highway Administration (FHWA), will participate in a cooperative program for implementation
and will accept the responsibilities and assigned duties as described hereinafter.
THE SPONSOR WILL:
1. Transmit 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.
2. Initially submit to the Department $1,000 to be matched by $4,000 (80%) Federal -aid high
priority project funds for Department costs associated with preliminary engineering, which
include but are not limited to, on site meetings, environmental review, and plan and
specification review. The Sponsor's final share of costs for this phase will be determined by
actual Department charges to preliminary engineering.
3. Prepare the necessary environmental documentation as required by FHWA;
4. Understand that expenditures for preliminary or construction engineering performed by
the Sponsor's forces or the Sponsor's consultants are not eligible for reimbursement
with federal funds.
5. Conduct the necessary public involvement meetings and public hearings.
6. Ensure that the plans and specifications are developed using the Department's standard
drawings and Standard Specifications for Highway Construction (latest edition). A registered
professional engineer must sign the plans and specifications for the project.
7. Ensure that the plans and specifications comply with the Americans with Disabilities Act
(ADA), the American Association of State Highway and Transportation Officials (AASHTO)
design standards, and all other applicable state and federal regulations, including airport
clearance when necessary, for the type of work involved (See Attachment C for items to be
included in the bid proposal).
8. Submit a letter to the Right of Way Division of the Department that (1) stipulates the services
relative to right-of-way acquisition, appraisal, relocation, and utilities that the Sponsor will
assume or (2) requests that the Department handle some or all of these services. Acquisition
-2-
of property must be accomplished in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the
"Uniform Act"). NOTE: Failure to notify the Department prior to initiating this phase
of work may result in any expenditures being declared non -participating in federal
funds.
9. Ensure the preparation of utility adjustments and right-of-way plans are in accordance with
Arkansas State Highway Commission Policy.
10. Provide a copy of the registered deed or an appropriate certification stating the Sponsor's
clear and unencumbered title to any right-of-way to be used for the project (Attachment D).
11. Notify the Department at the time the plans are at the 50% completion stage in order to allow
the Department to review the progress.
12. Submit a certification letter (Attachment E), including all items noted, to the Department
when requesting authority to advertise the project for construction bids.
13. Advertise for bids in accordance with federal procedures as shown in Attachment F. NOTE:
FHWA authorization and Department approval must be given prior to advertising for
construction bids.
14. Forward a copy of all addenda issued for the project during the advertisement to the
Department.
15. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in
Award of the Contract (Attachment G), including all items noted, to the Department.
1 d. Prior to awarding the contract for construction, submit to the Department $5,000 (20%) to be
matched by $20,000 (80%) high priority project funds for Department administrative costs on
the project during construction. The Sponsor's final share of cost for this phase will be
determined by actual Department charges for construction engineering.
17. Have a full-time employee of the Sponsor in responsible charge during construction of the
project.
18. Make payments to the contractor for work accomplished in accordance with the plans and
specifications and then request reimbursement from the Department on the Construction
Certification and Reimbursement Request form (Attachment H).
19. Prior to execution, submit contract change orders to the Department's Resident Engineer in
charge of reimbursements for review and approval.
20. Maintain and provide to the Department a current list of all subcontractors for the project that
shows names, addresses, and a general description of work each is to perform.
21. Maintain accounting records to adequately support reimbursement with Federal -aid funds and
be responsible for the inspection, measurement and documentation of pay items, and
-3-
certification of all work in accordance with the plans and specifications for the project and for
monitoring the Contractor and subcontractor(s) for compliance with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements.
22. Upon completion of the project, submit the final Construction Certification and
Reimbursement Request to certify that the project was accomplished in accordance with the
plans and specifications (Attachment H).
23. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or
incidental to the construction of said work or used in the course of said work including but
not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and
368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof.
24. Ensure that all work, material testing and acceptance, and inspection is conducted in
accordance with the Department's Standard Specifications for Highway Construction (latest
edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual
and with the plans, specifications, and all other applicable FHWA and Department
procedures for this project.
25. Be responsible for 100% of all preliminary engineering, right-of-way/utilities, and other costs
incurred should the Sponsor not enter into the construction phase of the project.
26. Be responsible for all costs not provided by the Federal Highway Administration.
27. Be responsible for 100% of any and all expenditures that may be declared non -participating
in federal funds, including any such award by the State Claims Commission.
28. Be responsible for the necessary enforcement of operations as required by improvements on
the Arkansas State Highway System and local streets.
29. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its
officers and employees from any and all claims, Iawsuits, judgments, damages, costs,
expenses, and losses, including those arising from claims before the Arkansas Claims
Commission or lawsuits brought in any other legal forum, sustained on account of the
operations or actions of the Sponsor, including any act of omission, neglect or misconduct of
said Sponsor. Further, the Sponsor shall take no action to compromise the immunity from
civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code
19-10-305, or the l lth Amendment of the United State Constitution. This obligation of
indemnification shall survive the termination or expiration of this Agreement.
30. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Attachment 1).
-4-
31. Grant the right of access to the Sponsor's records pertinent to this project and the right to
audit by the Department and Federal Highway Administration officials.
32. 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.
33. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Attachment J), which is necessary for project participation.
34. Repay to the Department the federal share of the cost of any portion of this project if, for any
reason, federal participation is removed due to actions or inactions of the Sponsor, its agents,
its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such
actions or inactions shall include, but are not limited to, federal non -participation arising
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 Sponsor's gasoline tax
allotment should the Sponsor fail to pay to the Department any required funds, fail to
complete the project as specified, or fail to adequately maintain or operate the project.
35. Be responsible for satisfactory maintenance and operation of all improvements and for
adopting regulations 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.
36. Retain total, direct control over the project throughout the life of the improvements and not,
without prior approval from the Department:
• sell, transfer, or otherwise abandon any portion of the project;
• change the intended use of the project;
• make significant alterations to any improvements constructed with Federal -aid funds; or
• cease maintenance or operation of a project due to the project's obsolescence.
37. Promptly notify the Department if the project is rendered unfit for continued use by natural
disaster or other cause.
-5-
THE DEPARTMENT WILL:
1. Be responsible for administering Federal -aid funds and will maintain an administrative file
for the project.
2. Review environmental documentation submitted by the Sponsor.
3. Review plans and specifications submitted by the Sponsor.
4. When requested, provide the necessary services relative to right-of-way acquisition,
appraisal, relocation and utility adjustments in accordance with the Uniform Act.
5. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the
appropriate documentation to the file.
6. Ensure substantial compliance with Federal contracting requirements through review of the
bidding proposal to ensure inclusion of required Federal forms, review of the administration
of the DBE program provisions, and general compliance with 23 CFR 635.
7. Advise the Sponsor when to proceed with advertisement of the project for construction bids.
8. Review and concur in award of the construction contract for the project.
9. Review and approve any necessary change orders for project/program eligibility.
10. Ensure that the Sponsor provide adequate supervision and inspection of the project by
performing periodic inspections with the Sponsor representatives to verify that the work
being performed by the Sponsor's contractor, and documented and certified by the Sponsor,
meets the requirements of the project plans, specifications, and all applicable FHWA and
Department procedures.
11. Perform inspections as needed to ensure compliance with the appropriate documents,
procedures, and regulations and participate in the final inspection of the project.
12. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs approved in
the Construction Certification and Reimbursement Request form (Attachment H). This
reimbursement will be limited to the maximum Federal -aid amount and to the federal amount
available at the time payment is requested. If the payment requested exceeds the Federal -aid
available at the time, the difference will be reimbursed as additional Federal -aid for this
project becomes available.
13. Subject to the availability of Federal -aid allocated for the project, pay the Sponsor the amount
due upon completion of the project and submittal of the final Construction Certification and
Reimbursement Request form (Attachment H).
14. Be reimbursed for costs involved in performing all the services listed above.
-6-
IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may disqualify the Sponsor from receiving future
Federal -aid highway funds.
IT IS FURTHER AGREED, that should the Sponsor 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
Sponsor's gasoline tax allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this day of
, 2007.
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT CITY OF FAYETTEVILLE
Dan Flowers
Director of Highways and Transportation
-7-
DOI
W6( 04, IBJ a t;aw+.S
City Attorney
Dan Coody_
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 B
RESOLUTION NO. 80-06
A RESOLUTION EXPRESSING THE WILLINGNESS OF CITY
OF FAYETTEVILLE TO UTILIZE FEDERAL -AID HIGH
PRIORITY PROJECT FUNDS FOR THE U OF A
TECHNOLOGY CORRIDOR PROJECT
WHEREAS, the City of Fayetteville understands Federal -aid High Priority Project funds
are available for the U of A Technology Corridor project at the following federal participating
ratios:
City Street Projects Work Phase Federal Share City Match
Projects programmed Preliminary engineering 80% 20%
And let to contract Right -of -Way 80% 20%
Utilities 80% 20%
Construction 80% 20%
Construction Supervision 80% 20%
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, including maintenance of this project.
Section 2. That the Mayor, or his 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.
•�.•G��Y pp am!
•
•
FAYETTEVILLE
, 'Gr0171$
PASSED and APPROVED this 2nd day of May, 2006
APPROVED:
By:
r%/ice,
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City CIerk
Attachment C
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID PROJECTS
1) FHWA-1273
Each set of contract documents shall include FHWA-1273, "Required Contract Provisions,
Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273.
Copies of FHWA-1273 and supplements will be provided by the Department.
2) Anti -Collusion and Debarment Certification
The certification shall either be in the form of an affidavit executed and sworn to by the bidder
before a person who is authorized by the laws of the State to administer oaths or in the form of
an unsworn declaration executed under penalty of perjury of the law of the United States. The
required form for the Anti -Collusion and Debarment Certification will be provided by the
Department. The certification includes:
• Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or
corporation submitting the bid certifying that such person, firm, association, or corporation
has not, either directly or in -directly, entered into any agreement, participated in any
collusion, or otherwise taken any action, in restraint of free competitive bidding in
connection with the submitted bid.
• Debarment - A statement regarding debarment, suspension, ineligibility and voluntary
exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29).
Failure to submit the executed Certification as part of the bidding -documents will make
the bid nonresponsive and not eligible for award consideration.
3) Lobbying Certification
This certification is required by 49 CFR 20. The form for this certification will be provided
by the Department.
4) Davis -Bacon Pre -determined Minimum Wage Rates
Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located
within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage
rates will be provided by the Department.
Attachment D
CERTIFICATION LETTER for RIGHT-OF-WAY OWNERSHIP
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job#
Job Name
County
Dear Mr. Vozel:
Regarding right-of-way for the referenced Federal -aid project, I certify that
(Choose one of the following)
(1) title to right-of-way necessary for construction of the project is already in public
ownership. No additional right-of-way is needed.
(2) title to a portion of the right-of-way necessary for construction of the project is already in
public ownership. The additional right-of-way necessary for this project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown below.
# Tracts # Paid
# Donations # Condemnations
(3) title to right-of-way necessary for construction of the project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown below.
# Tracts # Paid
# Donations # Condemnations
Additionally, I certify that arrangement for adjustment of existing conflicting utilities has been
accomplished. Enclosed are preliminary plans showing the existing right-of-way limits. (for No.
2 and 3 above, add the following) and the boundary of additional right-of-way needed for
construction of this project.
Sincerely,
NAME & OFFICE
(Sponsor 's CEO)
Enclosure(s)