HomeMy WebLinkAbout133-11 RESOLUTIONRESOLUTION NO. 133-11
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF
FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE
REHABILITATION OF THE MAPLE STREET AND LAFAYETTE STREET
BRIDGES OVER THE ARKANSAS AND MISSOURI RAILROAD
WHEREAS, the City of Fayetteville understands that Federal -aid Bridge Replacement
funds are available for certain city projects up to a maximum Federal -aid amount of
$1,000,000.00 using the following participating ratios:
Bridge & Approach
Construction of City Projects
City projects programmed but
not let to contract
Work Phase
Federal %
City %
Preliminary Engineering
80%
20%
Right -of -Way
80%
20%
Utilities
80%
20%
Construction
80%
20%
Construction Engineering
80%
20%
All Phases
0%
100%
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas expresses its
willingness to participate in accordance with its designated responsibilities in this project.
Section 2: That the City Council of the City of Fayetteville, Arkansas authorizes the
Mayor and City Clerk to execute all appropriate agreements with the Arkansas State Highway
and Transportation Department to expedite the construction of the above -stated improvements.
Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full
support and hereby authorizes the Arkansas State Highway and Transportation Department to
initiate action to implement this project.
°°
PASSED and APPROVED this 2°d day of August, 2011. c,� • °� Y eOsG
FTIVIJ GY1"I
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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.
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