HomeMy WebLinkAbout64-08 RESOLUTION{
RESOLUTION NO. 64-08
IA RESOLUTION APPROVING PREPARATION AND
EXECUTION OF AN AGREEMENT WITH THE ARKANSAS
HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE
'FCITY TO TAKE OVER MAINTENANCE OF SHILOH DRIVE
'BETWEEN GARLAND AVENUE AND MOUNT COMFORT
`ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYE TTEVILLE, ARKANSAS:
'Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves preparation and execution of an agreement with the Arkansas
Highway and Transportation Department for the City to take over maintenance
of Shiloh Drive between Garland Avenue and Mount Comfort Road.
PASSED and APPROVED this 18th day of March, 2008.
APPROV
By:
DAN COODY, Mayor
ATTEST.
By: l 14€4,4v
S NDRA E. SMITH, City Clerk/Treasurer
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Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
3/18/2008
City Council Meeting Date
Engineering
Division
Action Required:
03
3/18 /og
611-09
/gnt Pm)
Meiniamet
4 /Ambit
Operations
Department
A resolution approving preparation and execution of an Agreement with the Arkansas Highway and Transportation
Department for City maintenance of Shiloh Drive, between Garland Avenue (Hwy 112) and Mount Comfort Road.
Cost of this request
4520.9520.5809.00
Account Number
06035.1540
Project Number
Budgeted Item
N/A
24,737,669.83
Category / Project Budget
$ 4,962,615.18
Funds Used to Date
$ 19,775,054.65
Remaining Balance
Budget Adjustment Attached
Transportation Bond Improvements
Program Category / Project Name
Street Improvements
Program / Project Category Name
2006A Sales Tax Construction
Fund Name
2zgoe
Department Director
Date
cm3 / this
City Attorney Date
13czi...,
Finance and Internal Service Directot
ayor
3.3 -or
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
City Council Meeting of March 18, 2008
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Date: February 29, 2008
Subject: A resolution approving preparation and execution of an Agreement with
the Arkansas Highway and Transportation Department for City
maintenance of Shiloh Drive, between Garland Avenue (Hwy 112) and
Mount Comfort Road.
RECOMMENDATION:
Staff recommends approval of an Agreement with the Arkansas Highway and
Transportation Department (AHTD) to transfer maintenance responsibilities for Shiloh
Drive, between Garland Avenue (Hwy 112) and Mount Comfort Road, from AHTD to
the City.
BACKGROUND:
Mount Comfort Road Improvements are a part of the Transportation Improvement Bond
Program. Improvements planned near the 1-540 Intersection with Mount Comfort Road
include relocation of Shiloh Drive to approximately 1000 feet west of its current location.
DISCUSSION:
AHTD has reviewed and approved the conceptual plan for relocation of Shiloh Drive.
Since the relocated section of Shiloh Drive will no longer be in AHTD right of way,
AHTD has proposed that the City take over maintenance of Shiloh Drive between Hwy
112 and Mount Comfort Road.
The attached drawing shows the proposed City improvements along with the section of
roadway that is proposed to be transferred to City maintenance.
BUDGET IMPACT:
No cost to the Mount Comfort Road Project is anticipated.
1
•
RESOLUTION NO.
A RESOLUTION APPROVING PREPARATION AND
EXECUTION OF AN AGREEMENT WITH THE ARKANSAS
HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE
CITY TO TAKE OVER MAINTENANCE OF SHILOH DRIVE
BETWEEN GARLAND AVENUE AND MOUNT COMFORT
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 preparation and execution of an agreement with the Arkansas
Highway and Transportation Department for the City to take over maintenance
of Shiloh Drive between Garland Avenue and Mount Comfort Road.
PASSED and APPROVED this 18th day of March, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E SMITH, City Clerk/Treasurer
•
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT
jDISTRICT FOUR
4019 TOWSON AVE. • P.O. BOX 1424 • FORT SMITH, AR 72902-1424 • TELEPHONE (479) 646-5501 • FAX (479) 646-8286
WASHINGTON - CRAWFORD - FRANKLIN - SEBASTIAN - LOGAN - SCOTT - POLK
February 8, 2008
Mr. Chris Brown, Engineering Design Manager
Engineering Division
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Re: Shiloh Drive (west frontage road)
1-540 @ Porter Road/Mount Comfort Road
Highway 540, Section 4
Washington County
Fayetteville
Dear Mr. Brown:
The proposal, you submitted on November 28, 2007, for restricting the existing intersection
of Shiloh Drive (west frontage road) to right, turns. onto and from Mount Comfort Road was
reviewed. The proposal is satisfactory as submitted.
Plans for -relocation Tof Shiloh Drive should be submitted to this office for review. We also
remind you:that.the- future maintenance of the new and existing segments of the frontage
road. remain to be addressed. We have proposed that, following completion of proposed
improvements, the City of Fayetteville maintain all of Shiloh Drive from Mount Comfort
Road/Porter Road to Highway 112. This maintenance would involve both the proposed
relocated segment and the existing road. This would require a written agreement between
the City and the Department. The Department would continue to maintain Porter Road in the
vicinity of the 1-540 interchange.
-C: Deputy Director and Chief Engineer
Assistant. Chief Engineer -Planning
Assistant:Chief Engineer -Design
Assistant Chief Engineer -Operations
Maintenance•
Planning and Research
Roadway Design
Right of Way
Since,
e Shipman
istrict Engineer
M
CITY OF FAYEI I EVILLE
FAxTtWir. MANS•S
CAR
APPRO.( 0
9
MOUNT COMFORT ROAD IMPROVEMENTS
CONTRACT 1 - ALPINE AVENUE TO I-540
GARVERENGINEERS
NOT FOR
CONSTRUCTION
PRELIMINARY
ROADWAY PLANS
1
L( .21.08) Clarice Pearman - Res. 64-08
From:
To:
Date:
Subject:
Attachments:
Page 1
Clarice Pearman
Petrie, Ron
3.21.08 3:07 PM
Res. 64-08
64-08 AHTD Maintenance Agrmt.pdf
CC: Audit
Ron:
Attached Is a copy of the resolution passed by City Council regarding the AHTD maintenance agreement. Please be sure I
get an agreement for record. Have a good weekend.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
•
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
Mayor's Approval
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
ENG
War/07
Me AiT
rtiftpace
P-e,vn,
Development Services
Department
Execution of the attached agreement with AHTD for City maintenance of Shiloh Dr. between Garland Ave. (Hwy112)
and Mount Comfort RD.
Cost of this request
4520.9520.5314.04
Account Number
06035.1600
Project Number
Budgeted Item
X
24,737,669.83
Category / Project Budget
4,962,615.18
Funds Used to Date
19,775,054.65
Remaining Balance
Budget Adjustment Attached
Transportation Bond Improvements
Program Category / Project Name
Street Improvements
Program / Project Category Name
2006A Sales Tax Construction
Fund Name
Depa ment )ire
044.45
Date
t//s4 q
City Attorney / Date
•Pcba9. O .
Fiance and Internal Services Director
y -16- 2604
Date
Date
Previous Ordinance or Resolution # (64-08
Original Contract Date:
Original Contract Number:
Received in
Mayor's Office
Comments:
Revised January 15, 2009
Item Requiring Mayor's Approval
To: Mayor Lioneld Jordan
Thru: Don Marr, Chief of Staff
Jeremy Pate, Director of Development Services
From: Chris Brown, Interim City Engineer
Date: April 15, 2009
Subject: Execution of an Agreement with AHTD for City maintenance
Of Shiloh Dr. between Garland Ave. (Hwy 112) and Mt. Comfort Rd.
RECOMMENDATION
Staff recommends execution of the Agreement, to transfer maintenance responsibilities
for Shiloh Dr. between Garland Ave. (Hwy 112) and Mount Comfort Rd. from AHTD to
the City.
BACKGROUND
Mount Comfort Rd. Improvements are part of the Transportation Improvement Bond
Program. Improvements planned near the 1540 Intersection with Mount Comfort Rd.
include relocation of Shiloh Dr. to approximately 1000 feet west of its current location.
DISCUSSION
The City Council per Resolution No. 64-08, has already approved the execution of this
agreement.
BUDGET IMPACT
No cost to the Mount Comfort Rd. Project is anticipated.
CB/sn
Attachments: Agreement and Attachment "A" with drawings
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
Mayor's Approval
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
L vv
Waljd7
/44/11
irpace
iarint 74
Development Services
Department
Execution of the attached agreement with AHTD for City maintenance of Shiloh Dr. between Garland Ave. (Hwy112)
and Mount Comfort RD.
Cost of this request
4520.9520.5314.04
Account Number
06035.1600
Project Number
Budgeted Item
X
24,737,669.83
Category / Project Budget
4,962,615.18
Funds Used to Date
19 775 054 65
Remaining Balance
Budget Adjustment Attached
Transportation Bond Improvements
Program Category / Project Name
Street Improvements
Program / Project Category Name
2006A Sales Tax Construction
Fund Name
Depajlment dire
eke
liaL,
City Attomey
ance and Internal Services Director
M yor
(1F4 ttri
Date
Date
y -16- 2609
Date
'te
S?
Date
,/ /.� ,s/
Previous Ordinance or Resolution # (64-08 J
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
Comments.
Revised January 15, 2009
Item Requiring Mayor's Approval
To: Mayor Lioneld Jordan
Thru: Don Marr, Chief of Staff �p
Jeremy Pate, Director of Development Services b`
From: Chris Brown, Interim City Engineer
Date: April 15, 2009
Subject: Execution of an Agreement with AHTD for City maintenance
Of Shiloh Dr. between Garland Ave. (Hwy 112) and Mt. Comfort Rd.
RECOMMENDATION
Staff recommends execution of the Agreement, to transfer maintenance responsibilities
for Shiloh Dr. between Garland Ave. (Hwy 112) and Mount Comfort Rd. from AHTD to
the City.
BACKGROUND
Mount Comfort Rd. Improvements are part of the Transportation Improvement Bond
Program. Improvements planned near the I540 Intersection with Mount Comfort Rd.
include relocation of Shiloh Dr. to approximately 1000 feet west of its current location.
DISCUSSION
The City Council per Resolution No. 64-08, has already approved the execution of this
agreement.
BUDGET IMPACT
No cost to the Mount Comfort Rd. Project is anticipated.
CB/sn
Attachments: Agreement and Attachment "A" with drawings
•
•
AIRSPACE PERMIT
This Airspace Permit ("Permit") is based upon the authority granted to the
Director of Highways and Transportation, pursuant to Commission Minute Order No.
2001-222, dated the 15th day of November, 2001. The parties to this Permit are the
Arkansas State Highway and Transportation Department ("Department") and the City of
Fayetteville ("City"). The City has requested use of the hereinafter -described lands for a
purpose that does not interfere with the public use of the property for highway purposes.
This Permit shall supersede and replace all terms and conditions of any previous
agreement between the City and the Department governing the use of the property
described herein.
The City proposes that the Arkansas State Highway Commission ("Commission")
allow the City, under this Airspace Permit, to utilize property acquired as a portion of
Job Nos. 4706, and described in Attachment "A" to:
1. Construct, or allow to be constructed by others, a public roadway, or
improvements to the existing roadway, that will be maintained in the future
by the City, and;
2. Construct, or allow to be constructed by others, access from the public road
to private properties, and;
3. Construct, or allow to be constructed by others, public utilities, including
water, sewer, gas, telephone, and cable TV.
The City agrees to accept the streets and roadways, existing or to be
constructed, within the areas designated on Attachment "A" for maintenance and
upkeep. The Department's District Engineer has determined that such use will not
•
interfere with the public use of the property for highway purposes. The Commission will
retain all right, title, interest, supervision, and jurisdiction in and over such lands. This
Permit is a license only and does not convey or create any interest on the part of the
City in the lands described herein.
The Department hereby authorizes the City to use the property described in
Attachment "A" ("Property") for the terms purposes and conditions hereinafter
contained:
1) This Permit shall be effective immediately upon its execution by the parties and
is intended to be perpetual, beginning immediately upon its execution and
subject to the terms and conditions contained herein, provided however, that
the Department shall have the right to terminate this Permit, with or without
cause, upon sixty (60) days written notice to the City;
2) The City shall use the Property only for the construction and maintenance of
the designated improvements set forth above or such other use as is expressly
approved in advance and in writing by the Department. Facilities and
improvements presently in place and approved under previous agreements
between the City and the Department shall be deemed approved. The City
shall not use the Property in any way that interferes with the Property's use for
highway purposes.
3) Notwithstanding any other provision regarding termination of this Permit, this
Permit shall terminate upon five (5) days written notice to the Mayor of
Fayetteville in the event that the City's use of the Property is changed without
the prior written consent of.the Department.
4) All improvements, excavation, construction, and any other condition on the
Property shall comply with the then-current AHTD Standard Specifications
where applicable, including those related to maintaining traffic flow and signs.
All improvements, excavation, construction, and other conditions shall comply
with all state and federal laws applicable to such activities.
5) No permanent or temporary improvements or alterations shall be made in, on,
or upon the Property unless they fully comply with all rules, regulations and
laws of the Department, state and federal government.
6) The City shall be solely and exclusively responsible for all costs associated with
the removal, modification, or relocation of roadway surfaces or any utility within
the Property, which is caused by the City's use of the Property.
7) The City shall be solely and exclusively responsible for payment of all taxes
and assessments that may be legally assessed on the Property as a result of
this Permit.
8) No signs, displays, or devices may be placed within the right of way without the
consent of the Department. No signs, displays, or devices, other than traffic
control signs complying with the FHWA Manual on Uniform Traffic Control
Devices, shall be erected on the Property. All signs during the construction and
maintenance on the Property shall conform to the FHWA Manual on Uniform
Traffic Control Devices, as amended.
9) The City shall, at its sole expense, keep and maintain the Property at all times
in an orderly, clean, safe, and sanitary condition. The City shall comply with all
applicable federal, state and local laws, ordinances, and regulations while
using, or in possession of the Property, including without limitation all
environmental laws and regulations and FHWA regulations regarding the
Property's use.
10) Any work performed by the City on the Property shall not unduly interfere with
the flow of traffic.
11) The City agrees to occupy and use the Property at its own risk and expense.
12) The City shall hold harmless and indemnify the FHWA, the Arkansas Highway
Commission, the Department, and its duly appointed agents, officers and
employees, from all expenses, claims, liability, or damages of any kind or
nature whatsoever due to the construction, performance or lack of performance
of work undertaken within the right of way.
13) The Commission, the Department, and the FHWA, and any officer, employee or
agent thereof, retain and shall have the right to enter the Property at any time
without notice to the City.
14) The Commission and the Department reserve, and shall have, the right, at their
sole discretion, to take immediate possession of the Property in case of any
national or other emergency (including temporary emergencies such as
weather emergencies, traffic accidents, hazardous material spills and other
such events that may be hazardous or obstruct traffic), and for the protection
and maintenance of the highway facility, in which event the terms of this Permit
shall be suspended.
15) If the City violates any of the conditions contained in this Permit, or if the City
discontinues use of the Property for more than sixty (60) days, the Department
may, without notice, declare the Permit terminated.
16) Upon termination of this Permit for any reason, the City shall peaceably
surrender the Property to the Commission in good order and repair, excepting
reasonable use and wear thereof, damage by earthquake, fire, public calamity,
the elements, or other unavoidable casualty. Any improvements and/or
construction not in compliance with the conditions of this permit shall be
removed and the property restored to a condition suitable for highway
purposes, as determined by the Department and as directed in writing by the
Department. Any restoration shall be by and at the expense of the City;
provided, if any improvements are not removed and the property restored after
thirty (30) days written notice from the Department to the City, the Commission
may, in its sole and absolute discretion, elect to declare the improvements
property of the Commission, whereupon all right, title and interest of the City
therein shall forthwith terminate and vest in the Commission; or the Department
may proceed to remove the improvements and restore the Property, and the
City shall pay the Department upon demand the reasonable cost of removal
and restoration. No cost shall be attributed to the FHWA under any part of this
Permit.
17) This Permit may not be assigned and all obligations and duties of the City
hereunder shall be considered non -delegable.
18) The City, as a part of the consideration hereof, does hereby covenant and
agree that no person shall be excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in the use of the facilities on
account of race, color, sex, national origin, or disability, and that in the
construction of any improvements on, over, and under the Property, and the
furnishing of services thereon, no person shall be excluded from participation
in, denied the benefits of, or otherwise be subjected to discrimination on
account of race, color, sex, national origin, or disability. The City further
covenants that it shall use the Property in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Effectuation of Title VI of the Civil Rights Act of 1964, as
amended. In the event of breach of any of the nondiscrimination covenants,
the Department shall have the right to terminate this Permit without further
notice.
19) The Property shall retain its character as a public right of way and the City may
not charge any person a fee of any kind whatsoever to enter or use the
Property, nor permit or sublease the exclusive use of the Property to any
individual, entity, association, or organization of any kind whatsoever. No
vending shall be allowed within the area of the Property.
20) It is understood that the grant of this Permit to the City for use of the Property
as set forth herein does not impair or relinquish the Commission's right to use
the Property for right of way purposes for the construction, maintenance, or
•
reconstruction of the traffic facility, nor shall use of the lands under this Permit
ever be construed as abandonment by the Commission of lands acquired for
highway purposes. The permitted use by the City shall remain subordinate to
the Commission's ownership and use of the property for highway purposes.
21) It is understood by the parties that this Permit may be executed in any number
of copies, each of which shall be deemed an original.
Executed on this n24-/ day of
ATTEST:
1 2009
ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT, PERMITOR
fint4e,
City Clerk
owers
Director of Highways and Transpor tion e --Rd.'"
CITY OF FAY TTEVILLE, ARKANSAS, PERMITEE
By
Lio eldJord. 'ayor
ACKNOWLEDGMENT
STATE OF ARKANSAS)
)ss
COUNTY OF PULASKI)
BE IT REMEMBERED that on this day came before the undersigned, a
Notary Public, within and for the County and State aforesaid, duly commissioned
and acting, Dan Flowers, to me well known as the Director of Highways and
Transportation, who stated that he had executed the foregoing Airspace Permit
for and on behalf of the Arkansas State Highway Commission, for the
consideration and purposes therein mentioned and set forth and was authorized
so to act by proper resolution of the Commission in Minute Order 2001-222,
dated November 15, 2001
WITNESS my hand and seal as such Notary Public on this a9th day of
6-11/C2 , 2009.
Demo R. In U,ew-
, Notary Public
My Commission Expires: a•8-aolrj