HomeMy WebLinkAbout220-09 RESOLUTIONRESOLUTION NO. 220-09
A RESOLUTION TO APPROVE AN AGREEMENT WITH OZARK
REGIONAL TRANSIT TO USE $387,500.00 FOR SIDEWALK, TRANSIT
SHELTER AND BENCH CONCRETE PAD CONSTRUCTION AND TO
APPROVE A BUDGET ADJUSTMENT RECOGNIZING THIS REVENUE
WHEREAS, the City of Fayetteville is a potential sub -recipient of a Federal Transit
Administration grant through the Arkansas Highway and Transportation Department and Ozark
Regional Transit to be authorized to receive $387,500.00 which would be matched with a 20%
investment of labor, engineering and administrative services from the City to construct sidewalk,
transit shelter and bench pads; and
WHEREAS, it is in the best interests of the citizens of Fayetteville to accept this grant,
agree to the proposed Agreement, and furnish the 20% matching share through personnel
services. •
NOW, THEREFORE 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 attached Agreement of Understanding and authorizes Mayor Jordan to execute this
agreement to utilize city personnel for the equivalent 20% match.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached budget adjustment recognizing the $387,500.00 in grant funding.
PASSED and APPROVED this 3`d day of November, 2009.
APPROVED:
By:
ATTEST:
By:
O.. _ _ Ill..
SONDRA E SMITH, City Clerk/Treasurer
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AGREEMENT OF UNDERSTANDING
BETWEEN
CITY OF FAYETTEVILLE
AND
OZARK REGIONAL TRANSIT
In Cooperation with the
U.S. Department of Transportation
RELATIVE TO
Implementation of Federal Transit Administration (FTA)" New Freedom" Program, (hereinafter called
"the Project").
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
provides Federal Transit funds for New Freedom projects through the Arkansas State Highway and
Transportation Department and,
WHEREAS, the City of Fayetteville(hereinafter called "Sponsor") has expressed its desire to use Federal -
aid funds for an eligible project that benefits persons with disabilities, 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 of any part of the agreement to create 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.
WHERERAS, it is understood that the Sponsor and the Ozark Regional Transit (hereinafter called "ORT")
will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged
Business Enterprises (DBEs) and that, as part of these requirement, ORT desires to set a goal for DBE
participation in the project at 4.75% and related to the potential availability of DBEs desired areas of
expertise.
IT IS HEREBY AGREED that the Sponsor and ORT will participate in a cooperative program for
implementation of the project and will accept the responsibilities and assigned duties as described
hereinafter.
THE SPONSOR WILL:
1. Indemnify and hold harmless the Arkansas State Highway Commission, Its officers and
employees from any and all claims, lawsuits, judgments, damages, costs, expenses and losses,
including those arising from claims before the or lawsuits brought in any other legal forum,
sustained on account of the operations or actions for the City, including any act of omission,
neglect or misconduct of said City. This obligation of indemnification shall survive the
termination or expiration of this Agreement.
2. 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, disability, or national origin in compliance with the Civil Rights Act of 1096 and 49 CFR Part
21, Nondiscrimination in Federally -Assisted Programs under the US DOT.
3. Ensure that all projects comply with Federal environmental policies and regulations including
the determination of a Categorical Exclusion (CE), Finding of No significant Impact (FONSI) or
Environmental Impact Statement (EIS).
4. Provide a copy of the registered deed or an appropriate certification stating the Sponsor's dear
and unencumbered title to any right-of-way to be used for the project (See Attachment B).
5. Advertise for bids in accordance with federal procedures. $1-3,000 verbal/written quotes;
$3,001-$25,000—Three Verbal/Written Quotes, over $25,000 — Competitive Sealed Bids.] Any
Costs incurred by the Sponsor prior to receiving Notice to Proceed from the ORT are not eligible
for reimbursement. (Or Fayetteville's procedures if stricter)
6. After bids are opened and reviewed, submit a certification, including all items noted, to the ORT
and request concurrence in award of the contract.
7. Maintain accounting records to adequately support reimbursement with Federal -aid funds and
be responsible for the inspection, measurement and documentation of pay items, and
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 US DOT
regulations.
8. Make payments to the contractor for work accomplished in accordance with the plans and
specifications and then request reimbursement from the ORT.
9. "In -Kind" donation by the Sponsor may consist of appropriate salary rates for labor, engineering
or administrative services, for the 20% local match requirement.
10. Upon completion of the project, provide proof of expenditures to the ORT for reimbursement.
11. Submit change orders to the contract to the ORT and Arkansas Highway and Transportation
Department for review and approval for program eligibility prior to execution.
12. Be responsible for the inspection and certification of all work in accordance with the plans and
specifications for the Project and to retain all records relating to such inspections, certifications,
and billing statements, and any other files necessary to document the performance and
completion of the work. Such records shall be retained in accordance with the requirements of
49 CFR, Subtitle A, Part 18, Subpart C, Section 18.42 — Retention and access requirements for
records.
13. Grant the right of access to Sponsor's records pertinent to this project and the right to audit by
the ORT, AHTD and FTA officials.
14. Be responsible for 100% of all project costs incurred should the project not be completed as
specified.
15. Be responsible for 100% of any and all expenditures which are declared non -participating in
federal funds, including awards by the State Claims Commission.
16. Repay to the ORT the federal share of the cost of any portion of this project if the AHTD or FTA
removes federal participation due to actions of the Sponsor, its agents, its employees, or its
assigns, or the Sponsor's consultants or their agents. Such actions shall include, but are not
limited to, federal non -participation arising from problems with design plans, construction,
change orders, construction inspection, or contractor payment procedures.
17. Retain total, direct control over the project (For 15 years after completion of the project)
throughout the life of the improvements and not, without prior approval from the ORT:
• sell, transfer, or otherwise abandon any portion of the project;
• change the intended use of the project as stated in the approved project application;
• make significant alterations to any improvements constructed with Federal funds;
• or cease maintenance or operation of the project due to the project's obsolescence.
18. Be responsible for satisfactory maintenance (including reasonable snow removal efforts) and
operation of all improvements and for adopting regulations, ordinances and procedures 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.
19. Promptly notify the ORT if the project is rendered unfit for continued use.
20. After the ORT issues a Notice to Proceed, advertise for bids in accordance with federal
procedures. (Or Fayetteville's procedures if stricter)
21. Notify the ORT and AHTD of any project adjacent to a State Highway. Obtain a clearance of
project construction from the AHTD if project is adjacent to State Highway.
THE ORT WILL:
1. Be responsible for administering Federal funds.
2. Sponsor and provide environmental documentation for the project.
3. Sponsor and provide plans and specifications and bidding documentation for the project.
4. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the
appropriate documentation to the file.
5. Issue Notice to Proceed to the Sponsor when to proceed with advertisement of the project for
construction bids.
6. Review bid tabulations and concur in award of the construction contract for the project.
7. Visually verify (insofar as is reasonably possible) that the work meets contract requirements
before reimbursement is made to the Sponsor.
8. Review and approve any necessary change orders for project/program eligibility.
9. Reimburse the Sponsor for all eligible construction costs.
IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned duties as
related in this Agreement, such failure will disqualify the Sponsor from receiving future Federal -aid
funds administered by the ORT.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement on the
3 d
OZARK REGIONAL TRANSIT
day of A/CA.)
Philip Pum
;try
Executive Director
City of Fayetteville
20 97
NOTICE OF NONDISCRIMINATION
Th
The ORT complies with the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973,
Title VI of the Civil Rights Act of 1964 and other federal equal opportunity laws and therefore does not discriminate
on the basis of race, sex, color age, national origin, religion or disability, in admission or access to and treatment in
Department programs and activities, as well as ORT nondiscrimination policies may be directed to James B. Moore,
Jr., Section Head = EEO/DBE (ADA/504/Title VI Coordinator), P.O. Box 2261, Little Rock, AR 72203, (501) 569-2298,
(Voice/TTY 711), or the following email address: james.moore@arkansashighways.com.
This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2009
Department: Operations
Division: Transportation
Prosram: Sidewalks
Date Requested
10/13/2009
Adjustment Number
Project or Item Added/Increased:
$387,500 is requested in construction materials.
Project or Item Deleted/Reduced:
$387,500 in federal grants - capital account.
Justification of this Increase:
The city will be a sub -recipient of a grant from Ozarks
Regional Transit (ORT). The Transportation Division will
construct sidewalks and pads. There is a 20% in kind
match required by the City. This will be provided with
labor, motor pool and fuel from the current budgeted
expenses.
Justification of this Decrease:
ORT received a stimulus grant and the City is a grant sub -
recipient award.
Account Name
Increase Budget
Account Number Amount Project Number
Construction Materials 2100 5530 5216 00
Account Name
Federal Grants - Capital
Decrease Budget
Account Number
2100 0910 4309 00
387,500 09030 1
Amount Project Number
387,500 09030 1
Budget & Research Use Only
t �D23 dj Type: A B C E
V.090403
Departments 'rector
Finance Director
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1'0.7 t 2069
Date
_/6W--671
Date
M yor
Requested By
General Ledger Date
Posted to General Ledger
Posted to Project Accounting
Initial Date
Initial Date
Karen Minkel
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/3/2009
City Council Meeting Date
Agenda Items Only
•
Division
Action Required:
Strategic Planning and Int. Consult.
Department
Strategic Planning Staff recommends approval of a budget adjustment and memorandum of understanding with Ozark
Regional Transit (ORT) to serve as a sub -grantee for a Federal Transit Administration grant in the amount of
$387,500 to provide funds for sidewalk construction and transit shelter and bench pads.
Cost of this request
2100.5530.5216
Account Number
09030.1
Project Number
Budgeted Rem
Category / Project Budget
Program Category / Project Name
Construction Materials
Funds Used to Date Program / Project Category Name
Remaining Balance
Budget Adjustment Attached
X
Street
Fund Name
10 "l6 -05 Previous Ordinance or Resolution #
Date
Original Contract Date:
City Attorney
Finance and Internal Services Director
Q-- LJ-oct Original Contract Number:
Date
lei" 2k -Mel
Date
Comments:
Revised January 15, 2009
City Council Meeting of November 3, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
Mayor and City Council
Thru: Don Marr, Chief of Staff
Terry Gulley, Transportation Director
From: Karen Minkel, Strategic Planning and Internal Consulting Director/pit •
Date: October 13, 2009
Subject: Ozark Regional Transit Memorandum of Understanding and Budget Adjustment
RECOMMENDATION
Strategic Planning Staff recommends approval of a budget adjustment and memorandum of
understanding with Ozark Regional Transit (ORT) to serve as a sub -grantee for a Federal
Transit Administration grant in the amount of $387,500 to provide funds for sidewalk
construction and transit shelter and bench pads.
BACKGROUND
ORT received Federal Transit funds from the Arkansas Highway and Transportation
Department to implement New Freedom projects, which benefit individuals with disabilities.
New Freedom funds are not part of the federal stimulus program. Phil Pumphrey, ORT
Executive Director, is encouraging Northwest Arkansas cities to leverage planned transit
shelter and bus bench installations by using the New Freedom funds to pay for the labor and
materials used to install the shelter and bus bench pads as well as associated sidewalk
construction.
ORT was awarded shelters and benches through an American Recovery and Reinvestment
Act program. City staff is currently working with ORT to permit seven transit shelters and
seven bus benches, the greatest number of shelters and benches given to a municipality in the
region. The New Freedom funds will enable the City to install the necessary concrete pads
and construct sidewalks. Staff will detennine which sidewalks to construct using the
following criteria: 1) destinations that people with disabilities access by public transit; 2)
proxitnity to bus stops, particularly bus stops shared by ORT and Razorback Transit; and 3)
the Sidewalk and Trails Taskforce priorities. These ORT projects help build public transit
infrastructure that contribute to a livable transportation system.
DISCUSSION
The grant requires a 20% match or $77,500 worth of labor, engineering or administrative
services and must be spent by September 1, 2012. The City Attorney, City Finance Director,
Transportation Director and Strategic Planning staff have discussed the terns of the
memorandum of understanding with ORT.
BUDGET IMPACT
This grant project would increase the Street Fund by $387,500.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
City Council
Don Marr, Chief of Staff
Paul Becker, Finance Director
FROM: Kit Williams, City Attorney(
DATE: October 21, 2009
RE• Agreement of Understanding with Ozark Regional Transit
Ozark Regional Transit did make a few of the changes in their proposed
Agreement that Paul Becker and I suggested. Specifically we are no longer
required to Indemnify ORT although we still must indemnify the Arkansas
Highway and Transportation Department (despite its own sovereign immunity).
The entity with the money makes the rules so if we want this grant, the City must
agree to indemnify AHTD even though it endangers our statutory sovereign
immunity.
There are some other provisions that appear pretty one-sided against our
interests, but if we want to assist in constructing concrete pads for bus stop shelters
and benches and improve related sidewalks, we must agree to this contract.
RESOLUTION NO.
A RESOLUTION TO APPROVE AN AGREEMENT WITH OZARK
REGIONAL TRANSIT TO USE $387,500.00 FOR SIDEWALK,
TRANSIT SHELTER AND BENCH CONCRETE PAD
CONSTRUCTION AND TO APPROVE A BUDGET ADJUSTMNET
RECOGNIZING THIS REVENUE
WHEREAS, the City of Fayetteville is a potential sub -recipient of a Federal Transit
Administration grant through the Arkansas Highway and Transportation Department and Ozark
Regional Transit to be authorized to receive $387,500.00 which would be matched with a 20%
investment of labor, engineering and administrative services form the City to construct sidewalk,
transit shelter and bench pads, and
WHEREAS, it is in the best interests of the citizens of Fayetteville to accept this grant,
agree to the proposed Agreement, and furnish the 20% matching share through personnel
services.
NOW, THEREFORE 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 attached Agreement of Understanding and authorizes Mayor Jordan to execute this
agreement to utilize city personnel for the equivalent 20% match.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
the attached budget adjustment recognizing the $387,500.00 in grant funding.
PASSED and APPROVED this 3rd day of November, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer