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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. RESOLUTION NO. 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 % 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 2°a day of August, 2011. APPROVED: I LIONELD JORDAN, Mayor ATTEST: I� SONDRA E. SMITH, City Clerk/Treasurer ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Dan Flowers P.O. Box 2261 Director �NT Little Rock, Arkansas 72203-2261 Phone (501) 569-2000 Fax (501) 569-2400 I D WWW.ARKANSASHIGHWAYS.COM July 7, 2011 Mr. Chris Brown, P.E. Fayetteville City Engineer 125 West Mountain Street Fayetteville, AR 72701 Dear Mr. Brown: Reference is made to your recent letter stating that the City will handle design of the Maple and Lafayette Street Historic Bridge project, which will be financed with Federal - aid Highway Bridge. Program funding that uses a pro -rata share of 80% Federal -aid and 20% local matching funds up to a maximum of $1 million in Federal -aid. As you are aware, the City must use the Department's Consultant Selection Procedures to hire a consultant to design this project. In order to proceed with this Federal -aid project, it will be necessary for the City Council to pass a resolution (sample enclosed) authorizing the Mayor to enter into necessary agreements with the Department for the project. Once the resolution is passed, please have Mayor Jordan sign the enclosed Agreement of Understanding. Once we receive these items, the Agreement of Understanding will be executed and a signed copy will be returned to the City. If you have any additional questions, please contact Trey Foster in our Programs and Contracts Division at (501) 569-2261. Sincerely, Frank Vozel Deputy Director and Chief Engineer Enclosures c: Assistant Chief Engineer -Planning Programs and Contracts Consultant Coordinator Planning and Research District 4 Lioneld Jordan, Mayor of Fayetteville FEDERAL -AID PROJECT RESOLUTION RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE FOLLOWING CITY PROJECT: Rehabilitation of Structure Numbers 01940 and 01941 over the Arkansas and Missouri Railroad on Maple Street and Lafayette Street in Fayetteville WHEREAS, the City Fayetteville understands that Federal -aid Bridge Replacement funds are available for certain city projects up to a maximum Federal -aid amount of $1.0 million using the following participating ratios: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, THAT: SECTION I: The City will participate in accordance with its designated responsibilities in this project. SECTION II: The Mayor, or his designee, is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this city project. SECTION III: The City pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. THIS RESOLUTION adopted this ATTEST: (SEAL) day of Lioneld Jordan Mayor 2011. ARKANSAS STATE HIGHWAY RECEIVED AND SEP 1-6 2011 TRANSPORTATION DEPARTMENTc► MAYORS VE LE Dan Flowers P.O. Box 2261 Director q�T Little Rock, Arkansas 72203-2261 Phone (501) 569-2000 Fax (501) 569-2400 I WWW.ARKANSASHIGHWAYS.COM September 13, 2011 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: Job 040618 F.A.P. BRN-9142(29) Maple St. & Lafayette St. Bridge Rehab. (Fayetteville) (S) Washington County Dear Mayor Jordan: Enclosed is the City's original copy of the executed Agreement of Understanding for the referenced Federal -aid project. In order for our staff to review your consultant's environmental handling and design plans and cover other administrative costs on the project, please forward a check in the amount of $1,000.00 (made payable to the Arkansas State Highway and Transportation Department) to this office. Upon submittal of the City's deposit, please contact the Department's Consultant Coordinator, Jennifer Williams, for information regarding the procedures for selecting a consultant. Jennifer can be reached at (501) 569-2029. If you have any questions, please contact Trey Foster in our Programs and Contracts Division at (501) 569-2261. Sincerely, Frank Vozel Deputy Director and Chief Engineer Enclosure c: Assistant Chief Engineer -Planning Programs and Contracts Consultant Coordinator (w/enclosure) Environmental Fiscal Services (2) Planning and Research District 4 Job 040618 'C' File (w/enclosure) Chris Brown, P.E., Fayetteville City Engineer (w/enclosure) AGREEMENT OF UNDERSTANDING Rc%,_,oE1VE'Z7 - BETWEEN THE CITY OF FAYETTEVILLE ! 12 2011 DEPUTY DIRECTOR ANA) AND CHIEF ENGINEER'S OFFICE THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT In Cooperation with the U.S. Department of Transportation, Federal Highway Administration RELATIVE TO The rehabilitation of Bridge Numbers 01940 and 01941 over the Arkansas and Missouri Railroad on Maple Street and Lafayette Street in Fayetteville (hereinafter called the "Project") using Federal -aid Highway Bridge Program funds. WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) provides 80% Federal -aid funds to be matched with 20% non-federal funds (cash match) for certain bridge replacement and rehabilitation projects; and WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed its desire to use Federal -aid funds for an eligible project and to provide necessary matching cash share for such funds; and WHEREAS, each project phase will be funded as follows: Maximum Minimum Federal % City % Preliminary Engineering: 80 20 Right -of -Way: 80 20 Utilities: 80 20 Construction: 80 20 Construction Engineering: 80 20 ; 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 City understands that the Arkansas State Highway and Transportation Department (hereinafter called "Department") will adhere to the General Requirements for Recipients and Sub -recipients Concerning Disadvantaged Business Enterprises as stated on Attachment A; and IT IS HEREBY AGREED that the City and the Department, in cooperation with the Federal Highway Administration, will participate in a cooperative program for implementation and will accept the responsibilities and assigned duties as described hereinafter. THE CITY WILL: 1. Initially submit to the Department $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs associated with state preliminary engineering, which include but are not limited to, on site meetings, environmental review, and plan and specification review. The City's final cost for this phase will be determined by actual Department charges to preliminary engineering. 2. Be responsible for hiring a consultant engineering firm in accordance with the Local Agency Consultant Selection Procedures (Attachment B) to prepare environmental documentation, plans, specifications, and a cost estimate for construction of the Project and submit plans to the Department for review at the 30%, 60%, and 90% stages. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. 3. 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. 4. Conduct the necessary public involvement meetings and public hearings. 5. 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. 6. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. 7. Make periodic payments to the consultant for environmental documentation and design of the Project and request reimbursement from the Department. 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 City will assume or (2) requests that the Department handle some or all of these services. Acquisition 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 =2- 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 adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 10. Provide a copy of the registered deed or appropriate certification stating the City's clear and unencumbered title to any right-of-way to be used for the Project (Attachment C). 11. Be responsible for 20% of the cost of preliminary engineering, construction, construction engineering, appraisal and acquisition of right-of-way, relocation services (when required), and adjustment of all man-made improvements, including utilities. NOTE: The Maximum amount of Federal funding available for this Project is $1 million. 12. Prior to the Department awarding the contract for construction, submit to the Department the City's 20% matching funds for construction and Department costs associated with construction engineering. The City's final share of cost for construction engineering will be determined by actual Department charges. 13. Be responsible for all costs not provided by the Federal Highway Administration. 14. Be responsible for 100% of all right-of-way and other costs incurred should the City not enter into the construction phase of the Project. 15. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting that the Department advertise the project for construction bids. 16. Be responsible for 100% of any and all expenditures which may be declared non -participating in federal funds, including any such awards by the State Claims Commission. 17. Be responsible for satisfactory maintenance and operation of all improvements on the Project. Failure to adequately maintain and operate the facility in accordance with Federal -aid requirements will result in withholding future Federal -aid highway funds. 18. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the Department. 19. Maintain or adopt regulations and ordinances as necessary for proper operation of the improvements and be responsible for the necessary enforcement of operations as required by improvements to city streets. 20. Grant the right of access to the City's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. -3- 21. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 22. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment E), which is necessary for Project participation. 23. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment F). 24. Indemnify and hold harmless the Arkansas State Highway Commission, the • Department, its officers and employees from any and all claims, lawsuits, 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 City, including any act of omission, neglect or misconduct of said City. Further, the City 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 11th Amendment of the United States Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. 25. 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 Title VI of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, Section 504 of the Rehabilitation Act, FHWA Highway Bridge Program Guidance, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation, and any other Federal, State, and/or local laws, rules and/or regulations. 26. Promptly notify the Department if the Project is rendered unfit for continued use by natural disaster or other cause. THE DEPARTMENT WILL: 1. Maintain an administrative file for the project and be responsible for administrating Federal -aid funds. 2. Review environmental documentation prepared by the City's consultant. -4- 3. When requested, provide the necessary services relative to right-of-way acquisition, appraisal, relocation, and utility adjustments in accordance with the Uniform Act. 4. Review plans and specifications submitted by the City. 5. Reimburse the City 80% (Federal -aid share) for eligible preliminary engineering costs. 5. Be responsible for preparing bid proposals, advertising the Project, receiving bids, and assembling the contract documents. 6. Be responsible for construction supervision. 7. Be reimbursed for costs involved in performing all the services listed above. IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure will disqualify the City from receiving future Federal -aid highway funds. IT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds due for project implementation or fail to complete the Project as specified in this Agreement, the Department may cause such funds as may be required to be withheld from the City's motor fuel tax allotment. IN WITNESS WHEREOF, the parties theret have executed this Agreement this , day of o, 2011. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT an Flowers / Director of Highways and Transportation CITY OF FAYETTEVILLE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT NOTICE OF NONDISCRIMINATION o d Jordan Mayor The Arkansas State Highway and Transportation Department complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in Department's programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's 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( arkansashinit iwaays.com. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. -5- 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 LOCAL AGENCY CONSULTANT SELECTION PROCEDURES Section I — Application These procedures apply to federally funded contracts for engineering and design services for projects subject to the provisions of 23 U.S.C. 112, i.e. for construction performed under the supervision of the Arkansas State Highway and Transportation Department (AHTD). In accordance with 23 CFR 172 the AHTD has approved these procedures for use by the Local Agency for the "competitive negotiation" method of procurement as defined in 23 CFR 172.5, Methods of Procurement. The Local Agency will use these procedures for Federal -aid contracts and may elect to use them for non -Federal -aid contracts. These procedures do not apply to design -build Contracts. Section II — Advertisement for Letters of Interest. The Local Agency may employ a consultant engineering firm when a need exists for engineering services and it is in the Local Agency's best interest to employ an engineer or engineering firm. As a minimum, the Local Agency will advertise in the "Arkansas Democrat - Gazette," a statewide newspaper; the "Engineering -News Record", a trade magazine; and the Local Agency's website (if available), advising that consultant engineering services are being sought. Interested firms must furnish a Letter of Interest listing experience in similar work, the resumes of key personnel, a general description of the firm, and Standard Form SF 254, Architect -Engineer and Related Services Questionnaire. The advertisement will be for either a specific single job, a group of jobs, or for an indefinite delivery of jobs to be determined at a later date with specific task orders issued for each one. When the Local Agency advertises a specific job, the advertisement will describe the work in general terms so that firms may evaluate their interest in performing the desired services. When the Local Agency advertises a group of jobs, a general description of work will be furnished. Firms will be asked to specify the jobs they are interested in performing. When the Local Agency decides to proceed with a certain job, those firms having expressed interest in that job will be considered for selection. When the Local Agency advertises for an indefinite delivery of jobs with later specified task orders, the advertisement will include a general description of work for the job tasks. 1 of 5 February 9, 2005 Attachment B Section III — Evaluation of Letters of Interest. The Local Agency will designate a selection committee to evaluate and analyze the Letters of Interest that are received with regard to each consultant firm's: 1. Professional staff including the education, experience, number of personnel available, and any partnerships with sub -consultants 2. Experience with projects of a similar nature as those advertised 3. General and professional reputation, including responsiveness to civil rights and equal employment opportunity requirements and opportunities 4. Past work performance Following their review, the selection committee will prepare a short list of engineering firms and recommend to the Local Agency that these firms submit detailed proposals for further evaluation. Section IV — Request for Proposal. The Local Agency will prepare a scope of work statement and request proposals from the engineering firms on the short list. A Local Agency's scope of work will typically include the following: 1. A detailed description of the work 2. Services that will be furnished by the Local Agency 3. Services expected of the consultant 4. Project conditions of the work 5. Special conditions of the work 6. Assurance of participation of Disadvantaged Business Enterprises (DBE) in Federal -aid projects. The Local Agency may establish a DBE goal of a certain percentage of the work for DBE's to assure DBE's participation in Federal -aid projects. When a DBE goal is specified, the Local Agency will ensure that a certified DBE(s) performs the identified engineering work and that the payments to the DBE(s) verify that the goal was reached. The establishment of a DBE goal does not preclude a DBE from being the prime consultant for the job. The short-listed firms should submit proposals that contain the following: 1. A description of the firm 2. A detailed work plan that identifies the major tasks of work 3. A list of major concerns associated with completing the work 4. A detailed work schedule for specific jobs as requested 5. An organization chart listing key personnel by name and title 6. Resumes of key personnel who will be assigned to the project 7. A manpower estimate for specific jobs as requested 2 of 5 February 9, 2005 Attachment B The Local Agency will designate a selection committee to review the proposals with regard to the same items, among others, outlined in Section III. Particular attention will be directed to the following evaluation factors: 1. Obvious indication that the scope of work is clearly understood 2. Comprehensive, coherent, and detailed work plan 3. Realistic work schedule when applicable 4. Proposed working office location, need for a local office, and any local representative 5. Identification of sub -consultants and responsiveness to DBE goals and opportunities Based on these various items, the selection committee will rank the firms in order of preference and submit the list to the Local Agency who will either: (1) select one firm to enter negotiations with, (2) select two or more firms to interview (a firm may present additional information concerning their proposal at the interview), or (3) select multiple firms for an indefinite delivery contract. If the Local Agency decides to conduct interviews, the selected firms will be advised and interviews will be scheduled. After the selection committee conducts the interviews, it will rank the firms based on the same items as noted previously and submit the list to the Local Agency. The Local Agency will review the ranking and make the final selection. The contract file will contain records of the rankings and supporting data; however, the rankings will not be public information. Copies of the Letter of Interest advertisement, the rankings, and supporting data will be submitted to AHTD for the contract file. Section V — Negotiation and Contract Preparation. Once a firm is selected for negotiation for a specific job or a group of jobs, it will prepare a draft contract including a cost estimate for the project. The other firms on the short list will be advised of the firm selected, subject to successful negotiations. More than one firm may be selected for an indefinite delivery contract. The contract will establish a maximum cost for the contract as well as an expiration date. As individual task orders are issued, individual task order cost estimates will be negotiated. The selected firm will prepare a draft contract based on a sample contract furnished by the AHTD. The draft contract must include overhead rates in accordance with the principles of 23 CFR 172. For contracts exceeding $250,000 and for contracts less than $250,000 when there is insufficient knowledge of the consultant's accounting system, when there is previous unfavorable experience regarding the reliability of the consultant's accounting system, or when the contract involves procurement of new equipment or supplies for which cost experience is lacking, the overhead rates will be verified by an audit by a certified public accountant on behalf of the consultant prior to execution of the contract. The Local Agency will review the draft contract proposal and either approve it as submitted or enter into negotiations with the selected firm to establish a contract and contract amount that the Local Agency deems is fair and reasonable. If a satisfactory 3 of 5 February 9, 2005 Attachment B contract cannot be negotiated with the selected firm, negotiations will be formally terminated. The Local Agency will then enter into negotiations with the second ranked firm. If negotiations with that firm fail, the Local Agency will formally terminate those negotiations and begin to negotiate with the third ranked firm, and so on. If the Local Agency cannot negotiate a satisfactory contract with any of the ranked firms, the Local Agency shall either (1) select additional firms in order of their competence and qualifications and continue the negotiation process, or (2) terminate all negotiations and begin the selection process again. When the Local Agency and the consultant agree on a negotiated contract regarding the scope of the work, the professional services to be furnished by the consultant, the services to be furnished by the Local Agency, and the amount of compensation and method of payment, the consultant will prepare a final draft and submit it to the Local Agency and AHTD for review. After review and a determination that it is acceptable, the consultant will sign the contract and then the Local Agency will execute the contract. The contract will then be submitted to AHTD for final review and approval. When approved, copies of the signed contract will be distributed within the Local Agency and to the consultant. After the Local Agency executes an indefinite delivery contract, it will assign specific jobs by task order for the duration of the contract period. The consultant will prepare each task order based on the scope of work furnished by the Local Agency. The task order will include a manpower estimate and cost. The Local Agency will review the task order and approve it as submitted or negotiate with the consultant to establish a task order and task order amount that the Local Agency deems is fair and reasonable. After review and a determination that the task order is acceptable, the consultant will sign the task order and then the Local Agency will execute the task order. The task order will then be submitted to AHTD for final review and approval. When approved, copies of the signed task order will be distributed within the Local Agency and to the consultant. Section VI — Monitoring the Contract. The Local Agency may identify staff members as key liaisons for specific projects or for technical matters during the administration of the contract period. The Local Agency will: 1. Maintain the contract files 2. Arrange and attend periodic progress meetings 3. Coordinate reviews and approval actions with other agencies when necessary 4. Review progress payments 5. Coordinate questions from the consultant. 6. Negotiate any change or amendment to the contract and submit to AHTD as detailed above. 7. Prepare an evaluation of the consultant's performance after completion of the contract. A copy of the evaluation will be submitted to the AHTD. 4 of 5 February 9, 2005 Attachment B Section VII — Consultant Liability The Local Agency will include a contract requirement that the consultant will warrant that all services and work products provided as part of the contract are free from defects in workmanship at the time of acceptance and that the work conforms to the requirements of the contract. This warrant is effective regardless of the degree of inspection and acceptance by the Local Agency or others. If the consultant is required to correct or re -perform any work or services, the work will be performed at no cost to the Local Agency, and any work or services corrected or re -performed by the consultant shall also be warranted that it is free from defects in workmanship. If the consultant fails or refuses to correct or re -perform, the Local Agency may, by contract or otherwise, correct or replace the deficient items or services with similar work or services, and charge the cost to the consultant or make an equitable adjustment in the consultant's reimbursement. Acceptance is an act of an authorized representative of the Local Agency by which the Local Agency approves specific services, as partial or complete performance of the contract. Correction is the elimination of a defect. 5 of 5 February 9, 2005 Attachment C RIGHT-OF-WAY AND UTILITY CERTIFICATION LETTER 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 # F.A.P. # 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 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. Additionally, I certify that arrangement for adjustment of existing conflicting utilities has been accomplished. # Utilities # Complete % Remaining Exp. Comp. Date Sincerely, Mayor Enclosure(s) Attachment D CERTIFICATION LETTER REQUESTING PERMISSION TO ADVERTISE 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 Countp Dear Mr. Vozel: The following documents are submitted concerning the referenced project: 1. One reproducible set of plans and specifications. 2. A copy of the engineer's estimate of cost. 3. Copies of any technical specifications or special provisions. I certify that the plans, specifications and estimate were prepared by or under the direct supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the plans and specifications were developed using with the Arkansas State Highway and Transportation Department's "Standard Specifications for Highway Construction (Edition of 2003)" and standard drawings, and 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. Additionally, I certify that all necessary right of way has been acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and arrangement for adjustment of existing conflicting utilities has been accomplished. I understand that if any project items are declared non -participating in federal funds due to failure to comply with any State or federal requirements, the City will promptly repay such funds to the Arkansas State Highway and Transportation Department (AHTD). Further, I hereby authorize the Director of the Arkansas State Department of Finance and Administration to transfer such funds from the City's State Turnback Funds to the AHTD's RRA Fund upon notification by the Director of Highways and Transportation that such funds are due AHTD and have not been paid by the City. Please proceed with advertisement of the project for bids. Sincerely, NAME OFFICE Enclosures Attachment E CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance, was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CITY OF Attachment F Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to https://www.fsrs.gov/ FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. A Prime Grant Recipient (hereinafter called AHTD (the Arkansas State Highway and Transportation Department)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of Management and Budget guidance issued August 27, 2010. AHTD is required to file a FFATA sub award report for any sub -grant awarded to a sub-awardee greater than or equal to $25,000. As a sub-awardee, 9 shall provide the following information to AHTD in rder to fulfill FFATA reporting requirements: A unique identifier (Dun & Bradstreet DUNS Number) of the sub-awardee receiving the award and the parent entity of the recipient, should the sub-awardee be owned by another entity; The names and total compensation of the five most highly compensated officers of the sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to information about the compensation of the senior executives of the sub-awardee through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). AHTD:P&C:LHT:2-1-2011 Page 1 of 2 Attachment F Required Sub-Awardee Information (A) Sub-Awardee — DUNS Number: 0 15 (Al 1+2. Parent (if applicable) — DUNS Number: (B) In the preceding completed Federal fiscal year, did your business or organization (the legal entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Yes / No (Circle one) If "Yes" is selected, answer (C). (C) Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which the DUNS number entered above belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes / No (Circle one) If "Yes" is selected, visit http://www.sec.govledgar.shtmi for reference. If "No" is selected, answer (D). (D) If "No" was selected in Question "C", complete the following information for the five (5) most highly compensated executives in your business or organization (the legal entity to which the DUNS number entered above belongs). Amount should reflect the Total Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars. Sub-Awardee Names and Compensation of Most Highly Compensated Officers 1. Name: Amount: 2. Name: Amount: $ 3. Name: Amount: $ 4. Name: Amount: $ 5. Name: Amount: $ AHTD:P&C:LHT:2-1-2011 Page 2 of 2 City of Fayetteville Item Review Form ►�rilmQY of Chris Brown Submitted By 2013-0227 Legistar File Number N/A City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department Execution of Supplemental Agreement 01 with the Arkansas State Highway & Transportation Department for Job 040618, Maple Street & Lafayette Street Bridge Rehabilitation allowing the City to advertise, receive construction bids and perform construction inspection for this project. Does this item have a cost? I No Cost of this request Category or Project Budget Account Number Funds Used to Date 06035.1101 $0.00 Project Number Remaining Balance Budgeted Item? I Yes I Budget Adjustment Attached? I NO Previous Ordinance or Resolution # 133-11 Original Contract Number: Comments: Program or Project Name Program or Project Category Fund Name V20130812 • Tav vle 'ARKANSAS MAYOR'S SIGNATURE ONLY To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Chris Brown, City Engineer Date: December 20, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Subject: Execution of Supplemental Agreement 01 with the Arkansas State Highway & Transportation Department for Job 040618, Maple St. & Lafayette St. Bridge Rehab. BACKGROUND: The Maple Street & Lafayette Street Bridge Rehabilitation Project is funded by Federal funds and by funds from the Transportation Bond Program. The City Council approved utilizing the Federal Funds by Resolution No. 133-11. This resolution also authorized the Mayor to execute agreements and contracts necessary for the project This project is located in central Fayetteville on the east side of the University of Arkansas campus on Maple Street and Lafayette Street over a single track of the Arkansas & Missouri Railroad. It is the intention of the City of Fayetteville to restore both historic bridges to their original beauty and to thus set a high example for restoration for a municipality in Arkansas and the United States. PROPOSAL: Under the original Agreement of Understanding, the AHTD was responsible for preparing contract documents, advertising, receiving construction bids and performing construction inspection for the project. In an effort to streamline the process, remain on schedule and be in more direct control of the restoration construction activities, the Engineering Division recommends that the City accept the transfer of these responsibilities. In doing so, remaining in control of bidding and construction inspection phases of the project would allow the City to be more involved in the day to day construction inspection and be more responsive to any citizen requests, etc. Approval of the attached supplemental project agreement should result in the City having more control over the project management and in keeping the project on schedule. THE CITY OF FAYETTEVILLE, ARKANSA2 RECOMMENDATION: Staff recommends that the Mayor approve and sign Supplemental Agreement 01 for the Maple St. & Lafayette St. Bridge Rehabilitation Project with the Arkansas State Highway & Transportation Department (AHTD) allowing the City to advertise, receive construction bids and perform construction inspection for this project. BUDGET IMPACT: Funding for this project is provided with $1 million from the Federal -aid Highway Bridge Replacement and Rehabilitation Program (HBRRP), with the remainder of the estimated $1.4 million cost coming from the City's Transportation Bond Program. This Supplemental Agreement does not impact the project budget. The City's consultant (McClelland Consulting Engineers) will provide construction phase services rather than the AHTD. A contract amendment with MCE will be required when construction begins. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E. Bennett P.O. Box 2261 Director Little Rock, Arkansas 72203-2261 Telephone (501) 569-2000 Telefax (501) 569-2400 Voice/TTY 711 www.arkansashighways.com November 4, 2013 Mr. Chris Brown, P.E. Fayetteville City Engineer 125 West Mountain Street Fayetteville, AR 72701 Re: Job 040618 F.A.P. BRN-9142(29) Maple St. & Lafayette St. Bridge Rehab. (Fayetteville) (S) Washington County Dear Mr. Brown: Reference is made to your recent request that the City be responsible for advertising, receiving construction bids and construction inspection for the subject project. The Department has approved your request and has prepared the enclosed Supplemental Agreement for this change. Please have Mayor Jordan and the City Attorney sign this Supplemental Agreement and return it to this office. Upon execution of the Agreement by our Director, we will return a copy to you. Please be aware that the City must follow the appropriate Federal -aid procedures for bidding this project. If you have any questions, please advise. Sincerely, Lo *e H. Tudor Assistant Chief Engineer -Planning Enclosure c: Deputy Director and Chief Engineer Programs and Contracts Construction Consultant Contracts Administrator Transportation Planning and Policy District 4 Job 040618 'C' File Lioneld Jordan, Mayor of Fayetteville SUPPLEMENTAL AGREEMENT 01 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 Advertising, receiving construction bids and construction inspection for Job 040618, Maple St. & Lafayette St. Bridge Rehab. (Fayetteville) (S) (hereinafter called the "Project"), a Federal - aid project. WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has entered into an agreement with the Arkansas State Highway and Transportation Department (hereinafter called "Department") to use Federal -aid funds for the Project; and WHEREAS, it is the Sponsor's desire to advertise, receive construction bids and perform construction inspection for the Project. IT IS HEREBY AGREED that upon the execution of this Supplemental Agreement the Sponsor and the Department will accept and carry out the following responsibilities and assigned duties: THE SPONSOR WILL: 1. Be responsible for hiring a consultant engineering firm in accordance with the Local Agency Consultant Selection Procedures to inspect the project during construction. 2. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project. The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; • Maintains familiarity of day to day project operations, including project safety issues; • Makes or participates in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visits and reviews the project on a daily basis; • Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Directs project staff, Sponsor or consultant, to carry out project administration and contract oversight, including proper documentation; • Be aware of the qualifications, assignments and on-the-job performance of the Sponsor and consultant staff at all stages of the project. 3. Submit a certification letter (Attachment A), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 4. Advertise for bids in accordance with federal procedures as shown in Attachment B. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 5. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 6. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment C), including all items noted, to the Department. 7. Prior to awarding the construction contract, submit a check for $1,000 to be matched by $4,000 (80%) Federal -aid 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 to construction engineering. Have a full-time employee of the Sponsor in responsible charge during construction of the Project. 9. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction meeting with the Contractor and invite the Department's Resident Engineer assigned to the Project. 10. 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 the Project. 11. Make periodic payments to the consultant for construction engineering for the Project and request reimbursement from the Department. 12. 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 (CCRR) form (Attachment D). 13. Attach LPA Report of Daily Worked Performed (Attachment E) with all CCRR submittals. 14. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. 15. Upon completion of the Project, hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Attachment F). This form must be signed by the engineer/architect performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the Sponsor's full-time employee in responsible charge, and the Sponsor's Mayor. 16. 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 FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements. -2- 17. 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. 18. 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 G). 19. Grant the right of access to the Sponsor's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. 20. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department's right-of-way 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. THE DEPARTMENT WILL: 1. 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. 2. Advise the Sponsor when to proceed with advertisement of the Project for construction bids. 3. Review and concur in award of the construction contract for the Project. 4. Ensure that the Sponsor and the Sponsor's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the Sponsor's representatives and their consultant 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. The Department intends to perform these inspections, at a minimum, when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. 5. Review and approve any necessary change orders for project/program eligibility. 6. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs approved in the CCRR form (Attachment D). 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 the Project becomes available. -3- 7. Subject to the availability of Federal -aid allocated for the Project, pay the Sponsor the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Attachment F). 8. Be reimbursed for costs involved in performing all the services listed above. IN WITT.TESS WHEREOF, the parties thereto have executed this Supplemental Agreement on this day of e,6r r _, 201. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E. Bennett Director of Highways and Transportation CITY OF FAYETTEVILLE Ki Williams City Attorney ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT NOTICE OF NONDISCRIMINATION The Arkansas State Highway and Transportation Department (Department) complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in Department's programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to EEO/DBE Section Head (ADA/504/Title VI Coordinator), P.O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: EEO/DBE Section Head.ahtd.ar.gov This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. -4- Attachment A CERTIFICATION LETTER REQUESTING PERMISSION TO ADVERTISE 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 Countp Dear Mr. Vozel: The following documents are submitted concerning the referenced project: 1. One set of final plans and specifications. 2. A copy of the engineer's estimate of cost. 3. Copies of any technical specifications or special provisions. I certify that the plans, specifications and estimate were prepared by or under the direct supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the plans and specifications were developed using with the Arkansas State Highway and Transportation Department's "Standard Specifications for Highway Construction (latest edition)" and standard drawings, and 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. I understand that if any project items are declared non -participating in federal funds due to failure to comply with any State or federal requirements, the City will promptly repay such funds to the Arkansas State Highway and Transportation Department (AHTD). Further, I hereby authorize the Director of the Arkansas State Department of Finance and Administration to transfer such funds from the City's Motor Fuel Tax allotment to the AHTD's RRA Fund upon notification by the Director of Highways and Transportation that such funds are due AHTD and have not been paid by the City. Please advise us when to proceed with advertisement of the project for bids. Sincerely, NAME SPONSOR'S CEO Enclosures Attachment B GUIDELINES FOR ADVERTISING AND OPENING BIDS FEDERAL -AID PROJECTS Upon receipt of written authorization from the Arkansas State Highway and Transportation Department, the project may be advertised for bids. The following minimum guidelines for advertising must be met: • The minimum advertising period is three weeks. • In addition to meeting the State requirements for advertising for construction projects, the project must be advertised a minimum of two times in a statewide newspaper. • The notice must contain: (1) the time, date, and place that sealed bids are to be accepted, opened, and publicly read; (2) a brief description of the kind or type of work contemplated; and (3) the place at which prospective bidders may obtain plans and specifications. • The City will include the following language in the solicitation for bids: "The City hereby notifies all bidders that this contract is subject to applicable labor laws, non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply." • All bids received in accordance with the terms of the advertisement shall be publicly opened and at a minimum, the total amount bid must be read (the City may choose to read the bids item by item). • If any bid received is not read aloud, the name of the bidder and the reason for not reading the bid aloud shall be publicly announced at the letting. • In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and licensing contractors must be approved by the Federal Highway Administration. • Negotiation with contractors during the period following the opening of bids and before the award of the contract is not permitted. Attachment C CERTIFICATION LETTER REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT 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 Countp Dear Mr. Vozel: The following documents are submitted concerning the referenced project: 1. One set of bid tabulations. 2. A deposit in the amount of $1,000 for the AHTD administration costs. 3. Justification of award (if low bid amount is greater than 10% over the estimate). I certify that the referenced project was advertised and bids were received in accordance with the regulations governing Federal -aid projects and all other applicable state and federal regulations, and that this process has been reviewed and approved by the City Attorney. Additionally, I certify that the bid is being awarded to the lowest responsive and qualified bidder and that there has not been, nor will there be, any negotiations with the contractor or other bidders regarding the amount bid. Your concurrence in the award of this contract to CONTRACTOR is requested. Enclosures CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Job No.: FAP: County: Job Name.: 1 Maximum Approved Federal -aid Amount 2 Original Contract Amount 3 Net Changes by Change Orders 4 Present Contract Total 5 Present Federal -aid Amount (80% of Line 4 or Amount on Line 1, whichever is less) 6 Work Completed to Date 7 Federal Match (80% of Line 6 or amount on Line 5, whichever is less) 8 Previous Reimbursements (Federal) 9 Amount Due this Estimate /nuhtrant I ina R frnm I in 71 Payee/Sponsor: address Federal Tax ID No.: • - - Total changes previously approved ADDITIONS DEDUCTIONS Total approved this Request Period TOTALS NET CHANGES by Change Order (Line 3 above) By: Title: By: Title: PAGE 1 OF DATE: PAY REQUEST# FROM: TO: Revised: 12/19/13 2 PAGES The information provided in this document is true and correct and I recommend that payment be made to the Contractor for this work. Date: Payment is requested from the Arkansas State Highway and Transportation Department for the Amount Due. I certify that the Contractor and/or subcontractor(s) are complying with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements; that the work has been completed by the Contractor in accordance with the plans and specifications; and that the Contractor has been paid for this work. Date: DEPARTMENT USE ONLY Recommended for Payment in Approved for Payment PAID Accordance with Project Agreement Voucher No. Resident Engineer State Construction Engineer Date: CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST FAP: JOB NAME: SPONSOR: REQUEST NO: FROM: CONTRACTOR: Revised: 12/19/13 PAGE 2 OF 2 PAGES DATE: TO: A B C D E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STOCKPILED (NOT IN D or E) TOTAL COMPLETED & STOCKPILED TO DATE (D+E+F) % COMPLETED (G _ C) BALANCE TO FINISH (C - G) PREVIOUS REQUESTS THIS PERIOD GRAND TOTALS COPY �v^•}� SPONSORS � � ��. PAYMENT a✓ a' . fi "§" CHECK �,,�* ° #"'" r�.. ' i �,�' Vi.,µ � ,� � .� �.... MUST v "" s Y �." _' j. .,� THIS ..�.a � wv � �.. FORM COP O SPO ° .,FOR * as AY MEN 1 C E§�.CK FOR D ~�I ES xMA r ;E_ , S T B ,.� ATTACHED . a } s n�a. Attachment E Sponsor LPA Report of Daily Work Performed Job Name: Job No.: FAP No.: Contractor: Date: Hours Worked: — Report No.: Project Conditions Site Conditions Weather Contractors Personnel Useable Sunny Laborers Partly Useable Partly Cloudy Carpenters Not Useable Rain Rainfall Amt. (in.) Concrete Laborers Equip. Operators Min Temp. (F) Max Temp. (F) Electricians Comments Plumbers Foreman Other Other Location and Description of Work Performed Special Instructions and/or Conversations Signed: Designated Full-time Employee Attachment F SPONSOR LPA Final Acceptance Report Job Name: Date: Job No: FAP No: County: Route: Contractor: Date Work Began: Date Work Completed: Attendees: Remarks: Project Completed in Substantial Compliance with Plans and Specifications and Recommended for Final Acceptance Engineer/Architect Recommended for Acceptance in Accordance with Project Agreement AHTD Resident Engineer Project Recommended for Acceptance Designated Full-time Employee: I certify that the Contractor and/or subcontractor(s) have complied with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements; that the project has been completed by the Contractor in accordance with the plans and specifications; that the Contractor has been paid for this work, and the project is hereby accepted. Sponsor's CEO Attachment G 49 CFR 18.42 UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post -Award Requirements Retention and access requirements for records. (a) Applicability. (1) This section applies to all financial and programmatic records, supporting documents, statistical records, and other records of grantees or subgrantees which are: (i) Required to be maintained by the terms of this part, program regulations or the grant agreement, or (ii) Otherwise reasonably considered as pertinent to program regulations or the grant agreement. (2) This section does not apply to records maintained by contractors or subcontractors. For a requirement to place a provision concerning records in certain kinds of contracts, see Sec. 18.36(i)(10). (b) Length of retention period. (1) Except as otherwise provided, records must be retained for three years from the starting date specified in paragraph (c) of this section. (2) If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3 -year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3 -year period, whichever is later. (3) To avoid duplicate recordkeeping, awarding agencies may make special arrangements with grantees and subgrantees to retain any records which are continuously needed for joint use. The awarding agency will request transfer of records to its custody when it determines that the records possess long-term retention value. When the records are transferred to or maintained by the Federal agency, the 3 -year retention requirement is not applicable to the grantee or subgrantee. (c) Starting date of retention period --(1) General. When grant support is continued or renewed at annual or other intervals, the retention period for the records of each funding period starts on the day the grantee or subgrantee submits to the awarding agency its single or last expenditure report for that period. However, if grant support is continued or renewed quarterly, the retention period for each year's records starts on the day the grantee submits its expenditure report for the last quarter of the Federal fiscal year. In all other cases, the retention period starts on the day the grantee submits its final expenditure report. If an expenditure report has been waived, the retention period starts on the day the report would have been due. (2) Real property and equipment records. The retention period for real property and equipment records starts from the date of the disposition or replacement or transfer at the direction of the awarding agency. (3) Records for income transactions after grant or subgrant support. In some cases grantees must report income after the period of grant support. Where there is such a requirement, the retention period for the records pertaining to the earning of the income starts from the end of the grantee's fiscal year in which the income is earned. (4) Indirect cost rate proposals, cost allocations plans, etc. This paragraph applies to the following types of documents, and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (i) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the grantee) to form the basis for negotiation of the rate, then the 3 -year retention period for its supporting records starts from the date of such submission. (ii) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the grantee) for negotiation purposes, then the 3 -year retention period for the proposal plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. (d) Substitution of microfilm. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. (e) Access to records --(1) Records of grantees and subgrantees. The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The right of access in this section must not be limited to the required retention period but shall last as long as the records are retained. (f) Restrictions on public access. The Federal Freedom of Information Act (5 U.S.C. 552) does not apply to records unless required by Federal, State, or local law, grantees and subgrantees are not required to permit public access to their records. [Revised as of October 1, 1997] d 1 1 1 CDA1F RT RD CARTER o = �_ >EAWSON 1 > E L A K z1 12 z �� O� < LAWSON (VETERANS a ter- J AOM/N w -i i HO5P a HOLLY O ECK �� JAMES HOLLT > z HOLLY L, - ABSHIER DR a +a a �n o J w 1 OAK WOOD Q LAK PATR !A LN 1 J HAZEL z, to W a s cE LUCILL Q < 1- w > Q O L-- + d w Y VfSTA DR W O NORTH V1 3 a z PIKE E NORTH HUGH S oz Q� z w o w - ADAMS J BAXTER LN v' > z BE RY a flF J W O a a a �m PROJECT LOCATIONS _ EAGLE U F EC CLEVELAND p t~j �" - ROSPECT F L J o F- J 71 > --- -- -- zz A w = w WILSON o US a P.E ECCA Li i w > J > Z Y J > P a J 'N TAYLOP. v 1 r 1 O I� Z _ a- . REN iO1V > 1 z- -L UI BLVD N - z DdUG pp �t ({1�/�/� V) ILA > o o DAVID p1 1 z i R. # U a`FV _ 1 t z n > o G I - rrs 91 Y W 1 (MAPLE VA EVEN VE J a e a 0 o f z M 17 16� - WASH 16 15 J J J Q Li 1 IG-t U SCH > REGAN 61T NOR6 a a E LAFAY J �--� UNNERS/TY Z Q O Li OP ILL _-- W J z Z BOLESLAFAYETTE z > N 1 Q W z ARKANSAS I� BR. #01941 ATS ii a w S i1'TO±IRE C J J z W ~ U) <lO w U t 0 +-m / Ja � = q O 0 < Iz W DICKSON �� W T DICCOIN z IzWILLIAM a� a > o+ F w �* CO INEP.Z FQ Li w w t t t w > i� a 0 1 z >> > / E F SPRING ALTON TZOR A _ Im a Q t t o VI J W J S RING /> w FAIRVIEWJDR O Z EVERGREEN O W MEAD W o z a J MEADOW JO t CEAI OMEAD W'} V z c- \i> Q = t t Z U U �$ s O m Q li Z RN _- 0 z � w a <,G 1 r w W CE TER E CENTER T E X a IGP� 1 N > w MOUNTAIN u z Mp NTAII 1 t Ca C p �1 TREAD ELL w 0 Q O Z E z0 z > U p, 1 VI PUTMAN w m W ROCK z ~ E ROCK t t t t t 6 1 U L 1' POND DRi Fr L 1 = 1 F C > n 1> i J Z C t� R a w �� U Y _ - �- - > z Hose W+S UTH E SOUTH S1A a: > STONE c) > ARC IBAL BLVD w J<c Z O J HIGHS SCH z m � m r^ ¢ ®IiTWICT 6 q z s 0 4 TH v W a5TH BATES m s-� W Q 1 SCH N2 MARTIN L THER KING JR BLVD i AND RSON Zo ; Z. w Job 040618 • �A�b��1C�40�I N z Li 'N NATIONAL a CEO, > Maple St. & Lafayette St. Bridge Rehab. 2 t t O t (Fayetteville) (S) w t Washington County L' a t t W N TH P&C: PA CLD: 9.9.2011 z .{ t t - E Fz TH ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E. Bennett P.O. Box 2261 Director Little Rock, Arkansas 72203-2261 Telephone (501) 569-2000 Telefax (501) 569-2400 Voice/TTY 711 www.arkansashighways.com November 4, 2013 Mr. Chris Brown, P.E. Fayetteville City Engineer 125 West Mountain Street Fayetteville, AR 72701 Re: Job 040618 F.A.P. BRN-9142(29) Maple St. & Lafayette St. Bridge Rehab. (Fayetteville) (S) Washington County Dear Mr. Brown: Reference is made to your recent request that the City be responsible for advertising, receiving construction bids and construction inspection for the subject project. The Department has approved your request and has prepared the enclosed Supplemental Agreement for this change. Please have Mayor Jordan and the City Attorney sign this Supplemental Agreement and return it to this office. Upon execution of the Agreement by our Director, we will return a copy to you. Please be aware that the City must follow the appropriate Federal -aid procedures for bidding this project. If you have any questions, please advise. Sincerely, LL' H. Tudor sistant Chief Engineer -Planning Enclosure c: Deputy Director and Chief Engineer Programs and Contracts Construction Consultant Contracts Administrator Transportation Planning and Policy RECEIVED District 4 FEB 112014 Job 040618 'C' File - Lioneld Jordan, Mayor of Fayetteville Programs & Contracts AHTD 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 CITY OF '11e 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 Engine DATE: December 2, 2016 SUBJECT: Maple Street Bridge & Lafayette Street Bridge Memorandum Of Agreement RECOMMENDATION: Staff recommends that the Mayor sign Amendment #3 to the Memorandum Of Agreement (MOA). 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 Office) 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: The State Historic Preservation Office has approved Amendment Three to the MOA allowing the wrought iron bridge railing on the Lafayette Bridge to be painted black instead of the original lead based aluminum paint. BUDGET/STAFF IMPACT: N/A Attachments: Resolution 133-11 Memorandum Of Agreement Amendment One (MOA) Amendment Two (MOA) Amendment Three (MOA) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ARKANSAS STATE HIGHWAY AND DEC G. ?016 TRANSPORTATION DEPARTMENT `'11Y (RS OFF CE ( Im I�R�raRs a��ECEw Scott E. Bennett, P.E. P.O. Box 2261 Director �NT Little Rock, Arkansas 72203-2261 Telephone (501) 569-2000 1 Telefax (501) 569-2400 Voice/TTY 711 www.arkansashighways.com November 28, 2016 Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 RE: AHTD Job Number 040618 Maple St. & Lafayette St. Bridge Rehab. (Fayetteville) Washington County Dear Mayor Jordan: Enclosed for signature is the Final Amendment Three to the Memorandum of Agreement regarding the treatment of the Maple Street Bridge (AHTD Bridge Number 01940) and Lafayette Street Bridge (AHTD Bridge Number 01941) rehabilitation in Washington County. If you have any questions, or need additional information, please contact Nikki Senn of my staff at (501) 569-2979. Sincerely, John Fleming Division Head Environmental Division Enclosure Amendment Three to the Memorandum of Agreement JF:DW:NS:ym ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E. Bennett, P. E. P.O. Box 2261 Director Little Rock, Arkansas 72203-2261 Telephone (501) 569-2000 �O Telefax (501) 569-2400 Voice/TTY 711 www.arkansashighways_com January 25, 2017 Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 RECE! 'TED JAN 3 0 2017 CITY OF FAYETiEVILIE MAYoR,S OFFICE RE: AHTD Job Number 040618 Maple St. & Lafayette St. Bridge Rehab. (Fayetteville) Washington County Dear Mayor Jordan: Enclosed is the signed Amendment Three to the Memorandum of Agreement regarding the treatment of the Maple Street Bridge (AHTD Bridge Number 01940) and Lafayette Street Bridge (AHTD Bridge Number 01941) rehabilitation in Washington County. If you have any questions or require additional information, please contact Diana Wilks of my staff at (501) 569-2283. Sincerely, John Fleming Division Head Environmental Division Enclosure Amendment Three to the Memorandum of Agreement JF:DW:ym AMENDMENT THREE 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 01940 & 01941 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, Lafayette Street Bridge (Bridge 1941), Item c, to read: "All wrought iron bridge rails will be repainted using black paint. Aluminum lead based primers/paint will not be used as completed in the original design and construction." IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Amendment. DONE, in duplicate, in the English language. AHTD Job Number 040618 Amendment Three to the Memorandum of Agreement Page 2 of 5 Signatory FEDERAL HIGHWAY ADMINISTRATION Angel Correa Arkansas Division Administrator /Z3 2017 Date AHTD Job Number 040618 Amendment Three to the Memorandum of Agreement Page 3 of 5 Signatory STATE HISTORIC PRESERVATION OFFICER Stacy Hu�st I Date Arkansas Mte Historic Preservation Officer AHTD Job Number 040618 Amendment Three to the Memorandum of Agreement Page 4 of 5 CITY OF FAYETTEVILLE, ARKANSAS 1�- 8-1Lg Date Mayor, Cayetteville, AR AHTD Job Number 040618 Amendment Three to the Memorandum of Agreement Page 5 of 5 Signatory ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT 11iJ€4. S tt E. Bennett, P.E. ireetor of Highways and Transportation 9-1-1 Date ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E. Bennett P.O. Box 2261 Director Little Rock, Arkansas 72203-2261 Telephone (501) 569-2000 Telefax (501) 569-2400 Voice/TTY 711 www.arkansashighways.com February 29, 2016 Mr. Paul Libertine, P.E. Staff Engineer City 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 Mr. Libertini: 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, John Fleming Division Head Environmental Division JF:DW:ym Enclosure Amendment Two for the Memorandum of Agreement 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 z' /s (Name): (Date) (Title): ARKANSAS STATE HISTORIC PRESERVATION OFFICER (Nam) (Date) (Title). THE CITY OF FAYETTEVILLE, ARKANSAS /0,42 /c Iv yorIneld •dan ,ate) Mayor, `fir ,ty of Fayetteville, AR ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT. (Name): 5wrr E. TSEal.,;t {� , (Date) (Title): PirZMToti. 01J ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E. Bennett P.O. Box 2261 Director �+ Little Rock, Arkansas 72203-2261 Telephone (501) 569-2000 Telefax (501) 569-2400 Voice/TTY 711 www.arkansashighways.com 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, 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: 1. 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 FEI)IiRAL IHGIIWAY ADMINISTRATION ,�l JO A � crr� " a ante): (f)ate) (Title): t2 v� S ivN 4bm/ais r✓t.":'ire ARKANSAS STATE HISTORIC PRESERV'A ITON OFFICER /hq1T M. St, Httrt (Date) State Historic Preservation Officer THE Cl I Y OF FAYETI'EVILLE. ARKANSAS " =tyor .ion orclatt Mayor. I iti° of Fayetteville. AR (Date) ARKANSAS S I ATE HIGHWAY AND IRANSPORI A I ION DEPARTMENT' 4�7� Zoa&j (\ tttt ;); t c t( C l f i', f� {Date}_.__. (Titit): e Il,,},t.r:' t(i7S 7: ?'i.1't��t 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. 1) 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 NRHP. 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(b). 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(b)(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. Siinatories FEDERAL H1Gf IWAY ADMINISTRATION (1 ilk): `1vra.,1 ARKANSAS STATE HISTORIC PRESERV_UiON OFFICER (Name): TiEIeT: I'EIF (IllUI '.\ . T'iI Vii.: 1. AI KANS \S a �tiz L.in 4) i, mart ( l7sr 2 May`itr. 1Ii� u c fFay:(EEC%ilic. AX ARKANSAS STATE IIIGEIWAY AND TRANSPORTATION DEPARTMENT t nte3. LL4 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 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 2nd day of August, 2011. APPROVED: ATTEST: C By: By LO ELD J AN, Mayor :FAYETTEVILLE: ;9s•q'QKANSP� J�'oa 8,4jIIil SONDRA E. SMITH, City Clerk/Treasurer