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
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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.
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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]
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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