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HomeMy WebLinkAbout133-11 RESOLUTIONRESOLUTION NO. 133-11 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE REHABILITATION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGES OVER THE ARKANSAS AND MISSOURI RAILROAD WHEREAS, the City of Fayetteville understands that Federal -aid Bridge Replacement funds are available for certain city projects up to a maximum Federal -aid amount of $1,000,000.00 using the following participating ratios: Bridge & Approach Construction of City Projects City projects programmed but not let to contract Work Phase Federal % City % Preliminary Engineering 80% 20% Right -of -Way 80% 20% Utilities 80% 20% Construction 80% 20% Construction Engineering 80% 20% All Phases 0% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas expresses its willingness to participate in accordance with its designated responsibilities in this project. Section 2: That the City Council of the City of Fayetteville, Arkansas authorizes the Mayor and City Clerk to execute all appropriate agreements with the Arkansas State Highway and Transportation Department to expedite the construction of the above -stated improvements. Section 3: That the City Council of the City of Fayetteville, Arkansas 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 2°d day of August, 2011. c,� • °� Y eOsG FTIVIJ GY1"I B I 1 JQ:te^ Mayor PF • s • ATTEST: :FAYETTEVILLE: e sem.. ..%.: :,sus°q •kANSP� J�`ee °,tip • • e • o ,gym TM4 .t°rUeeeueu��i�a By: ` SONDRA E. SMITH, City Clerk/Treasurer Chris Brown Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/2/2011 City Council Meeting Date Agenda Items Only Engineering Development Services Division Department Action Required: Approval of a resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds to rehabilitate Bridge Numbers 01940 (Maple Street) and 01941 (Lafayette Street) over the Arkansas and Missouri Railroad. $ 1,000.00 Cost of this request 4520.9520.5817.00 Account Number 6035.1101 Project Number Budgeted Item 0 Departmen (rector City Attorney $ 16,171] Category / Project Budget $ Funds Used to Date $ 16,171 Remaining Balance Budget Adjustment Attached Date Date Finance and Internal Services Director 4 O�,, -A, — Chief of St M4Dr Comments: Date Date Date Transportation Bond Street Improvements Program Category / Project Name Sales Tax Construction Bonds Program / Project Category Name Sales Tax Construction Fund 2006 Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 0/- 14- 1 1 PO > i v Clerk's Office Received in �� E Mayor's Office Revised January 15, 2009 • a eeVle ®ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff W Jeremy Pate, Development Services Director 01 From: Chris Brown, City Engineer Cj Date: July 13, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of August 2, 2011 Subject: Approval of a resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds to rehabilitate Bridge Numbers 01940 (Maple Street) and 01941 (Lafayette Street) over the Arkansas and Missouri Railroad PROPOSAL: On February 16t", the City received a letter from the AHTD advising that the subject bridges qualify for funding from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP) to restore both bridges. The HBRRP utilizes 80% Federal -aid and 20% local matching funds with a limitation of $1 million in Federal -aid available per project. In subsequent correspondence, the AHTD also confirmed that the two bridges may be combined into a single project for purposes of the program. The total estimate for rehabilitation of the two bridges (including deck replacement of the Maple Street bridge) is approximately $1.4 million. Staff also asked the AHTD about the possibility of the City handling the design of the project due to the historic nature of the bridges, and the public input and involvement expected during the project development. The AHTD will allow the City to be responsible for the design; however, they indicated that for the design to be eligible for federal funding, their procurement process must be used. While this would require the City to begin the consultant selection process again, and could take considerable time to hire a consultant, we recommend that the City follow the AHTD procurement procedures in order for the design to be eligible for federal funding. This will allow us to maximize the federal funding on the project. RECOMMENDATION: Staff recommends approval of the attached resolution to rehabilitate the historic Maple Street and Lafayette Street bridges over the Arkansas and Missouri Railroad. The resolution provides for: • The City will participate in accordance with its designated responsibilities in this project. • 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. • The City pledges its full support and hereby authorizes the AHTD to initiate action to implement this proj ect. If the resolution is approved, the Mayor may sign the attached agreement and work on the project may proceed. THE CITY OF FAYETTEVILLE, ARKANSAS BUDGET IMPACT: Based on the consultant's cost estimate, this project could be completed with only $400,000 of City funds. This amount of funding is available, either through the Transportation Bond Program or the CIP Program in an existing project set up for bridge cost sharing. The attached agreement commits the City to an initial payment of $1,000 to AHTD for administrative costs associated with preliminary engineering and therefore this amount will be encumbered by executing the enclosed agreement. City of Fayetteville Staff Review Form Mapb 4- LOS 03. 2016-0116 -)1\" 1 v C'h Legistar File ID n„ _ 33-1 I i N/A I(J�J City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Paul Libertini 3/7/2016 Engineering/ Development Services Department Submitted By Submitted Date Division/Department Action Recommendation: Resolution 133-11 authorized the Mayor&the Clerk to execute all appropriate agreements with AHTD necessary to expedite the construction of the historic bridges project. The Agreement of Understanding with AHTD was signed 8/2/11. The • Memorandum Of Agreement(MOA)with FHWA,AHTD,the City and SI-IPO(State Historic Preservation Officer)was executed 12/18/14 defining the specific project renovation details to ensure that both bridges remain on the National Register of Historic Places. Amendment One&Amendment Two to the MOA were executed on 4/9/15&2/25/16, respectively introducing minor modifications to the bridges.Approval of this administrative agenda item will allow the Clerk to file the executed MOA documents for future reference,as needed. Budget Impact: Account Number Fund 06035.1101 Lafayette & Maple Bridges Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20140710 Previous Ordinance or Resolution# 133-11 Original Contract Number: Approval Date: 11- 14-We Comments: • • .CITY OF a e ev' .le STAFF MEMO ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engineer(' Poe DATE: April 11, 2016 SUBJECT: Maple Street Bridge& Lafayette Street Bridge Memorandum Of Agreement RECOMMENDATION: Staff recommends forwarding the executed Memorandum Of Agreement(MOA)and the Amendments to the City Clerk for filing. BACKGROUND: Resolution 133-11 authorized the Mayor&the Clerk to execute all appropriate agreements with AHTD necessary to expedite the construction of the historic bridges project. The Agreement of Understanding with AHTD for this project was signed 8/2/11. The Memorandum Of Agreement (MOA)with FHWA,AHTD, the City and SHPO(State Historic Preservation Officer)was executed 12/18/14 defining the specific project renovation details to ensure that both bridges remain on the National Register of Historic Places. Amendment One &Amendment Two to the MOA were • executed on 4/9/15 & 2/25/16, respectively introducing minor modifications to the bridges. DISCUSSION: Approval of this administrative agenda item will allow the Clerk to file the executed MOA documents for future reference, as needed. BUDGET/STAFF IMPACT: N/A Attachments: Resolution 133-11 Memorandum Of Agreement Amendment One (MOA) Amendment Two (MOA) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 ARKANSAS STATE HIGHWAY RECEIVED AND TRANSPORTATION DEPARTMENT MAR 2 2016 CITY OF FAYETTEVILLE MAYOR'S OFFICE bN0 1q. Scott E. Bennett `�� e P.O. Box 2261 Director q�J Little Rock,Arkansas 72203-2261 Telephone(501)569-2000 �kl'D Telefax(501)569-2400 Voice/TTY 711 's�, www.arkansashighways.com b'\bY en, February 29, 2016 RECEIVED MAR 04 2016 Honorable Lioneld Jordan CITY CLERK'SOFFICE Mayor of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 RE: AHTD Job Number 040618 Maple St. & Lafayette St. Bridge Rehab. (Fayetteville) (S) Washington County Dear Mayor Jordan: Enclosed is the signed Amendment Two for the Memorandum of Agreement executed on 12/18/14 among the Federal Highway Administration, the Arkansas State Highway and Transportation Department, the City of Fayetteville and the Arkansas State Historic Preservation Officer. If you have any questions or require additional information, please contact Diana Wilks of my staff at (501) 569-2283. Sincerely, /4 04 John Fleming Division Head • Environmental Division JF:DW:ym Enclosure Amendment Two for the Memorandum of Agreement a • AMENDMENT TWO TO THE MEMORANDUM OF AGREEMEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT, THE CITY OF FAYETTEVILLE, ARKANSAS, AND • THE ARKANSAS STATE HISTORIC PRESERVATION OFFICER REGARDING ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT JOB NUMBER 040618 MAPLE AND LAFAYETTE ST. BRIDGE REHABILITATION MAPLE STREET AND LAFAYETTE STREET, THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AHTD BRIDGES NUMBERED 1940 & 1941 WHEREAS, it is necessary for the Parties to the Memorandum of Agreement (MOA) Between the Federal Highway Administration, Arkansas State Highway and Transportation Department, the City of Fayetteville, Arkansas, and the Arkansas State Historic Preservation Officer to amend the MOA as follows; • Now therefore, the Parties agree to amend the MOA as follows: 1. TREATMENT PLAN Amend Article I, paragraph A, Maple Street Bridge (Bridge 1940), Item d, to read: "Remove 3/4 inches of bridge deck using hydrodemolition and replace with 1-3/4 inches of latex modified concrete overlay." Amend Article I, paragraph A, Maple Street Bridge (Bridge 1940), Item j, to read: "Remove deteriorated concrete from bridge deck and repair." Amend Article I, paragraph A, Maple Street Bridge (Bridge 1940), Add Items k, 1, and m: k) "Remove and replace two railing sections and two posts on the north side of the structure in kind." 1) "Relocate slab drains to accommodate widened sidewalk." m) "Damaged or deteriorated sections of sidewalk and curb and gutter will be replaced in kind." Amend Article I, paragraph A, Lafayette Street Bridge (Bridge 1941), Item h, to read: "Remove 3/4 inches of bridge deck using hydrodemolition and replace with 1-3/4 inches of latex modified concrete overlay." • IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Amendment. • DONE, in duplicate, in the English language. Signatories FEDERAL HIGHWAY ADMINISTRATION :AAP:1400017/ /'Z-5 40/6" (Name): / (Date) (Title): ARKANSAS STATE HISTORIC PRESERVATION OFFICER .I. .. -i. ., -is (N° i ) (Date) (Title). THE CITY OF FAYETTEVILLE,ARKANSAS IL / .. r /02/5- yor dan Mayor, ' tty of Fayetteville, AR ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT (Name): 5corr E, gm/4En ,RE. (Date) (Title):AI'LRTOQ- OP 1416444afs 4..i . TIZAesS#02110100 chtt Acid oix _ I ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E.Bennett �� P.O.Box 2261 DirectorLittle Rock,Arkansas 72203-2261 Telephone(501)569-2000 (''f\WV.) Telefax(501)569-2400 Voice/TTY 711 www.arkansashi wa s.com 8h Y April 10, 2015 Mr. Paul Libertini, P.E. Staff Engineer City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 RE: AHTD Job Number 040618 Maple St. &Lafayette St. Bridge Rehab (Fayetteville) (S) Washington County • Dear Mr. Libertini: Enclosed is the signed Amendment One for the Memorandum of Agreement which was executed on 12/18/2014 among the Federal Highway Administration, the Arkansas State Highway & Transportation Department, the City of Fayetteville and the Arkansas State Historic Preservation Officer. If you have any questions or require additional information,please contact Robert Scoggin of my staff at(501) 569-2077. Sincerely, pm, ?..sw64:71 John Fleming Division Head Environmental Division JF:DW:RS:jh Enclosure Amended Memorandum of Agreement AMENDMENT ONE TO THE MEMORANDUM OF AGREEMEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION,ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT,THE CITY OF FAYETTEVILLE,ARKANSAS,AND THE ARKANSAS STATE HISTORIC PRESERVATION OFFICER REGARDING ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT JOB NUMBER 040618 MAPLE AND LAFAYETTE ST. BRIDGE REHABILITATION MAPLE STREET AND LAFAYETTE STREET,THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY,ARKANSAS AHTD BRIDGES NUMBERED 1940 & 1941 WHEREAS, it is necessary for the Parties to the Memorandum of Agreement(MOA) Between the Federal Highway Administration,Arkansas State Highway and Transportation Department,the City of Fayetteville, Arkansas, and the Arkansas State Historic Preservation Officer to amend the MOA as follows; Now therefore,the Parties agree to amend the MOA as follows: I.TREATMENT PLAN Amend Article I,paragraph A,Maple Street Bridge(Bridge 1940), Item g,to read: "The drive lanes on the bridge will be reduced from 30 feet to 20 feet,resulting in the widening of the sidewalk on the north from approximately 5 feet to approximately 8 feet and the widening of the sidewalk on the south from approximately 5 feet to approximately 12 feet. The additional widening of sidewalk shall be delineated from the original walkway by utilizing a method,such as colored concrete, stained concrete, patterned concrete. The final selection will be in consultation with SHPO." IN WITNESS WHEREOF,the undersigned,being duly authorized, have signed this Amendment. DONE, in duplicate, in the English language. • Signatories FEDERAL IIIGIIWAY ADMINISTRATION — 9 — % s • nmt 51; oen eine, _._-(Date) Clitlel: Div, sruNAlb fp(rNrsna_41-T__ ARKANSAS STATE IIISTORIC PRESERVA PION OFFICER ge: /kir 3.6=!5 Ms. St d lurst (bate) State I historic Preservation Officer THE CI I Y OF FAYETI'EVILI.E.ARKANSAS A ,yor .ion,�•,,•,// .rdan / (Date) Mayor. ty of Fayetteville.AR ARKANSAS SI ME HIGHWAY AND I•RANSPORIA'I'10N DEPAR'IMENI' ): % ' 4-7- Zorn (Name): J,2ctl E . !'3e;,nr Fl N.E E . (Date) - Iritle): l.r;reC•toe c( 11,gl+wqy. -I •Irunspnt>✓riIfen. • Amendment One to the Memorandum of Agreement for AHTD Job Number 040618 MEMORANDUM OF AGREEMEMENT AMONG THE FEDERAL HIGHWAY ADMINISTRATION, ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT, THE CITY OF FAYETTEVILLE, ARKANSAS, AND THE ARKANSAS STATE HISTORIC PRESERVATION OFFICER REGARDING ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT JOB NUMBER 040618 MAPLE AND LAFAYETTE ST. BRIDGE REHABILITATION MAPLE STREET AND LAFAYETTE STREET, THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AHTD BRIDGES NUMBERED 1940 & 1941 WHEREAS, the Maple Street and Lafayette Street Bridges located along Maple Street and Lafayette Street over the Arkansas-Missouri Railroad in The City of Fayetteville, Washington County, Arkansas is a property listed in the National Register of Historic Places (NRHP); and WHEREAS, the Federal Highway Administration (FHWA), Arkansas State Highway and Transportation Department(AHTD), Arkansas State Historic Preservation Officer (SHPO) and The City of Fayetteville, Arkansas (hereafter the City) all desire that the Maple Street and Lafayette Street bridges be preserved and protected for the benefit of present and future generations, retaining their historically and architecturally significant features; and WHEREAS, the FHWA, the AHTD, and the City have developed a project to rehabilitate the Maple Street and Lafayette Street Bridges for continued vehicular and pedestrian use; and WHEREAS, the FHWA and the SHPO have determined that the rehabilitation of the Maple Street and Lafayette Street bridges will have an effect on this historic property; and WHEREAS, the FHWA has determined that this undertaking will have an effect on a property listed in the National Register of Historic Places and in accordance with 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 4700 must address this effect; and WHEREAS, the definitions set forth in 36 CFR Part 800 are applicable throughout this Memorandum of Agreement (MOA); and NOW THEREFORE, the FHWA and the SHPO agree that the proposed rehabilitation of the bridges shall be implemented in accordance with the following stipulations and treatment plan in order to reach a no adverse effect finding and take into account the effect of this undertaking on historic properties. STIPULATIONS FHWA shall ensure that the following measures are carried out. TREATMENT PLAN A) The City of Fayetteville, Arkansas in coordination with the AHTD and the FHWA will repair and rehabilitate the Maple Street and Lafayette Street bridges for continued vehicular and pedestrian traffic utilizing design specifications as close to original specifications as possible, so that the appearance and historic integrity of the structure will not be impacted by the project. These design specifications have been reviewed by and concurred with by the SHPO (see Appendix A). The following list includes all design specifications to be used to rehabilitate the bridges: Maple Street Bridge (Bridge 1940): a) Clean Bridge name plates. b) Peeling substructure paint and graffiti will be removed. c) Install a graffiti protection system to the bridge. The graffiti protection system will be clear in appearance and will be applied utilizing a two part system, in accordance with the project standard specifications. This system is to include i) a breathable penetrating sealer, and ii) a sacrificial coating. d) Remove and replace the bridge deck and spandrel beam cantilevers. This includes the complete replacement of the sidewalks/curbs and barrier rails in-kind. e) A class 3 protective surface treatment will be applied to construction joints and longitudinal edges. f) Localized substructure repairs will be made. All such repairs will be made in- kind. g) The drive lanes on the bridge will be reduced from 28 feet to 18 feet, resulting in the widening of the sidewalks on each side of the road from approximately 4.5 feet to approximately 9.5 feet. The additional widening of sidewalk shall be delineated from the original walkway by utilizing a method, such as colored concrete, stained concrete, patterned concrete. The final selection will be in consultation with SHPO. h) New lighting fixtures consistent with period appropriate fixtures will be installed, which will emulate the original design. These lighting fixtures will be selected in consultation with the SHPO. i) Abandon existing electrical conduit on the interior of the concrete structure and replace with conduit attached to the exterior to the structure. j) Install a 12 inch ductile iron water line on (attached by hangers) or thru spandrel beam cantilever. Lafayette Street Bridge (Bridge 1941): a) Two severely damaged wrought iron bridge railing panels will be replaced on the north side of the structure. Such replacements will be in-kind. b) Slightly bent wrought iron bridge rails will not be replaced. c) All wrought iron bridge rails will be repainted using aluminum paint. Lead based primers/paint will not be used as completed in the original design and construction. d) Clean Bridge name plates. e) Peeling substructure paint and graffiti will be removed. f) Install a graffiti protection system to the bridge. The graffiti protection system will be clear in appearance and will be applied utilizing a two part system, in accordance with the project standard specifications. This system is to include i) a breathable penetrating sealer, and ii) a sacrificial coating. g) Remove deteriorated concrete from bridge deck and repair. Approximately 700 . square feet, or 18%of the bridge deck needs repaired. h) Remove 1.5 inches of bridge deck using hydrodemolition and replace with 1.5 inches of latex modified concrete overlay to match existing deck surface elevations. i) Replace abutment expansion joints with silicone expansion joints. j) A class 3 protective surface treatment will be applied to construction joints and longitudinal edges of overlay. k) Existing bearings will be replaced with elastomeric bearings at abutments. I) Localized substructure repairs will be made. Such repairs will be in-kind. m) Utilizing a worst case scenario, approximately 73.34 linear feet of retaining wall, located on the south side of Lafayette Street and beginning at the east side of the bridge, will be replaced in-kind. As much of the existing wall shall be retained as possible. n) The drive lanes on the bridge will be reduced from 22 feet to 18 feet, resulting in the widening of the sidewalks on each side of the road from 4 feet to approximately 6 feet. The additional widening of sidewalk shall be delineated from the original walkway by utilizing a method, such as colored concrete, stained concrete, patterned concrete. The final selection will be in consultation with SHPO. o) New lighting fixtures consistent with period appropriate fixtures will be installed, which will emulate the original design. These lighting fixtures will be selected in consultation with the SHPO. p) Abandon existing electrical conduit on the interior of the concrete structure and replace with conduit attached to the exterior to the structure. B) All work conducted on the bridges shall be in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All rehabilitation plans, as well as any changes to the plans, shall be submitted to the SHPO office for review prior to implementation. C) The FHWA has ensured that AHTD Bridges numbered 1940 & 1941 have been documented to Historic American Engineering Record standards, (written history and photo documentation) with the addition of a copy of the measured drawings created to design the current rehabilitation project. This documentation will be housed at the Arkansas State Archives in Little Rock, Arkansas, and at the University of Central Arkansas Archives and Special Collections at Conway, Arkansas, and that this documentation is in the possession of the Arkansas SHPO. D) Reports detailing work undertaken pursuant to the terms of this MOA shall be submitted monthly by the City of Fayetteville for review by the FHWA, AHTD, and SHPO. Such reports shall include any proposed changes and problems encountered in the efforts to carry out the terms of this MOA. The FHWA, AHTD, and SHPO also reserve the right to visit the project site at any time to ensure that work conducted on the bridges has not impacted their historic integrity. II. DURATION This MOA will expire if its terms are not carried out within five (5) years from the • date of its execution. Prior to such time, FHWA may consult with the other signatories to reconsider the terms of the MOA and amend it in accordance with Stipulation VI below. III. HUMAN REMAINS Human remains are not expected to be discovered on this undertaking. However, if they are encountered during implementation of the project, all activity in the vicinity of the discovery shall cease and the City of Fayetteville shall notify the FHWA and the AHTD. The FHWA shall immediately notify the SHPO. The treatment of human remains shall follow the guidelines developed for the Arkansas Burial Law(Act 753 of 1991, as amended) and the Advisory Council on Historic Preservation's "Policy Statement Regarding Treatment of Burial Sites, Human Remains, and Funerary Objects" published February 23, 2007. IV. DISCOVERY SITUATIONS Pursuant to 36 CFR Part 800.13, if cultural material is discovered during implementation of the project, the FHWA shall ensure that all construction activities cease in the area of the discovery and the consulting parties notified. The FHWA, in consultation with the SHPO, shall determine if the discovery is eligible for inclusion in the NRNP. If the newly discovered material is determined to be eligible for . inclusion in the NRHP, the FHWA and the AHTD will develop a treatment plan for historic properties, which shall be reviewed and approved by the SHPO. Disputes arising from such review shall be resolved in accordance with Stipulation V. V. DISPUTE RESOLUTION Should the SHPO, or any consulting party, object within thirty (30) calendar days to any findings, proposed actions, or determinations made pursuant to this MOA, the FHWA shall consult with the objecting party to resolve the objection. If the FHWA determines that the objection cannot be resolved, it shall request further comments from the Advisory Council on Historic Preservation (Council)pursuant to 36 CFR Part 800.6(6). Any Council comment provided in response to such a request shall be taken into account by the FHWA in accordance with 36 CFR 800.6(6)(2) with reference only to the subject of the dispute; the FHWA responsibility to carry out all actions under this MOA that are not subject to dispute shall remain unchanged. The consulting parties, or one or more parties in cooperation, may monitor effects carried out pursuant to this MOA. VI. AMENDING THE MEMORANDUM OF AGREEMENT Should any of the signatories to this MOA believe that the terms of this MOA are not being met, or cannot be met, that party shall immediately notify the other signatories and request consultation to amend this MOA in accordance with 36 CFR Part 800.13. The process to amend this MOA shall be conducted in a manner similar to that leading to the execution of this MOA. VII. TERMINATING THE MEMORANDUM OF AGREEMENT Any signatory to this MOA may terminate it by providing thirty (30)calendar days notice to the other parties provided that the parties shall consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination. In the event of termination, the FHWA shall comply with 36 CFR Part 800.4 through 800.6 with regard to the undertaking covered by this MOA. VIII. FAILURE TO CARRY OUT THE MEMORANDUM OF AGREEMENT In the event the FHWA does not carry out the terms of the MOA, the FHWA shall comply with 36 CFR Part 800.4 through Part 800.6 with regard to the undertaking covered by this MOA. IX. FULFILLMENT OF SECTION 106 RESPONSIBILITIES Execution and implementation of this MOA evidences that FHWA has afforded the Council a reasonable opportunity to comment pursuant to 36 CFR Part 800.13 of the proposed rehabilitation of the Maple Street Bridge and Lafayette Street Bridge in Fayetteville, Arkansas, and its effect on the historic properties, and the FHWA has taken into account the effect of the undertaking on historic properties. SignatorieA FEDERAL HIGHWAY ADMINISTRATION 4ST fin (#4/ AO in W'fl/gg-rt7''e. ARKANSAS STATE.HISTORIC PRESERVATION OFFICER (Name): —� (f):ac) Moo: ,3:4/10-v) VIr11-4/SD - 14.11 1.li4Liifl.cu. THE CITY OF WI,ITEVILLE.ARKANSAS a , .:. . La`nL 1�• /OIL- 1n Mayor.Th. y of Fayetteville.AR • ARKA-N4SSAAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT 1 ' et Me itle): RESOLUTION NO. 133-11 • A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL-AID FUNDS FOR THE • REHABILITATION OF THE MAPLE STREET AND LAFAYETTE STREET BRIDGES OVER THE ARKANSAS AND MISSOURI RAILROAD WHEREAS, the City of Fayetteville understands that Federal-aid Bridge Replacement • funds are available for certain city projects up to a maximum Federal-aid amount of $1,000,000.00 using the following participating ratios: Work Phase Federal% City% i Bridge&Approach Preliminary Engineering 80% 20% Construction of City Projects Right-of-Way 80% 20% Utilities 80% 20% Construction 80% 20% Construction Engineering 80% 20% City projects programmed but not let to contract All Phases 0% 100% 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 expresses its willingness to participate in accordance with its designated responsibilities in this project. Section 2: That the City Council of the City of Fayetteville, Arkansas authorizes the Mayor and City Clerk to execute all appropriate agreements with the Arkansas State Highway and Transportation Department to expedite the construction of the above-stated improvements. • Section 3: That the City Council of the City of Fayetteville, Arkansas 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 ri day of August,2011. \ • APPROVED: ATTEST: E ;FAYE1TEVILLE; y'RkAe3 14 NSP•J+i: 0 LD J'JTAN, Mayor SONDRA E. SMITH,City Clerk/Treasurer City of Fayetteville Staff Review Form 2016-0631 Legistar File ID 0 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item AN D La-�aye�4e. �n�e Paul Libertini 12/2/2016 Engineering / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends that the Mayor sign Amendment #3 to the Memorandum Of Agreement (MOA) allowing the wrought iron bridge railing on the Lafayette Bridge to be painted black instead of the original lead based aluminum paint. Budget Impact: Account Number Fund 06035.1101 Lafayette & Maple Bridges Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Project Title Does item have.a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ �� V20140710 Previous Ordinance or Resolution # 133-11 Original Contract Number: Comments: Approval Date: �2k- -I(o