HomeMy WebLinkAbout63-14 RESOLUTIONRESOLUTION NO.63-14
A RESOLUTION TO APPROVE THE PAYMENT OF $580,000.00 TO THE
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
REPRESENTING THE CITY'S PORTION OF CONSTRUCTION COSTS
RELATED TO THE WIDENING OF RAZORBACK ROAD, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00, AND TO
APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves
payment of $580,000.00 to the Arkansas State Highway and Transportation Department
representing the City's portion of construction costs related to the widening of Razorback Road
between Martin Luther King, Jr. Boulevard and Leroy Pond Drive, and further approves a
project contingency in the amount of $50,000.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A".
PASSED and APPROVED this 18t' day of March, 2014.
APPROVED: ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
`Ovoo��RK / TRH �i,�P
. FAYETTEVILLE.
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�*;;, 1d6o11►10O���e
City of Fayetteville, Arkansas - Budget Adjustment Form
Legistar Version
Budget Year Division: Engineering Adjustment Number
2014 Dept.: Development Services
Requestor: Chris Brown
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Razorback Road (MLK to LeRoy Pond) will be a cost share with AHTD, with AHTD doing the construction. The U of A will
contribute $290,000 to the the project. This BA is to recognize the University's contribution, and the City's.
RESOLUTION/ORDINANCE
REQUEST DATE:
LEGISTAR FILE ID#:
3/18/2014
2014-0115
BUDGET & INFORMATION MANAGEMENT USE
2/28/201413:53
Budget Director Date
TYPE: El ❑B ❑C I]D ❑E ❑P
DESCRIPTION:
GLDATE:
POSTED:
v.20140219
TOTAL
290,000 290,000
Increase / (Decrease)
Project.Sub#
Account Number
Expense Revenue
Project
Sub
AT
Account Name
4520.9555.5809.00
290,000 -
06035
3200
EX
Street Improvements
4520.9555.5809.00
(290,000) -
06035
1
EX
Street Improvements
4470.9470.5809.00
290,000 -
06035
3200
EX
Street Improvements
4470.0947.4420.00
- 290,000
06035
3200
RE
-
Payments by Property Owners
-
H:\Budget\Budget Adjustments\2014_Budget\LEGISTAR\2014_03_18\BA 2014-01 15 Engineering KazorbucK rcaaa.xism
Chris Brown
Submitted By
City of Fayetteville Item Review Form
Legistar File Number
March 18, 2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Development Services
Department
A resolution approving of a payment in the amount of $580,000.00 to the Arkansas Highway and
Transportation Department (AHTD) for the City's portion of the project costs associated with
widening Razorback Road from MLK Jr. Blvd. to Leroy Pond Drive, approving of a project
contingency of $50,000.00, and approving of a budget adjustment.
Does this item have a cost? Yes
$630,000.00
Cost of this request
Category or Project Budget
4520.9555.5809.00
Account Number
Funds Used to Date
06035.3200
-$630,000.00
Project Number
Remaining Balance
Budgeted Item? YeS
Budget Adjustment Attached? YeS
Hwy 112 Razorback Road
Program or Project Name
Sales Tax Construct Bonds
Program or Project Category
Street Sales Tax 2013
Fund Name
V20130812
Previous Ordinance or Resolution # 15-03 aO. t
RED i��'
Original Contract Number:
Com
CITY OF
lyVlae
AS
MEETING OF MARCH 18, 2014
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Chris Brown, City Engineer
DATE: February 28, 2014
SUBJECT: Hwy 112 (Razorback Rd) — MLK Jr. Blvd (6th St) to Leroy Pond Drive
Payment of the City's local match to the Arkansas Highway and
Transportation Department
RECOMMENDATION:
Staff recommends approval of a payment in the amount of $580,000 to the Arkansas Highway
and Transportation Department (AHTD) for the City's portion of the project costs associated with
widening Razorback Road from MLK Jr. Blvd. to Leroy Pond Drive, approval of a project
contingency of $50,000 and approval of a budget adjustment.
BACKGROUND:
City Council passed Resolution No. 15-03 on February 4, 2003, approving an Agreement Of -
Understanding with AHTD to design and construct this phase of Razorback Road from MLK Jr.
Blvd. to Leroy Pond Drive. This project will provide 4 travel lanes, with turning lanes at MLK and
at Leroy Pond, and a new signal at Leroy Pond. Sidewalks will be provided on both sides.
AHTD agreed to do the design at no cost to the City, if the City would agree to pay all costs
above the Federal -aid Surface Transportation Program (STP) funds of $1,000,000 allotted for
this project. Costs under the $1,000,000 would be split 80/20 with the City paying the 20% until
the cap was reached.
This project has had the $1 million allocation of Federal -aid funding for several years, and
recently (FY2013) was approved for additional Federal -aid funding of $1,080,000 through the
STP-A program, thereby closing a funding gap for the $2.6 million project and allowing it to
move forward. Members of City staff are working with UA staff on a 50/50 cost share
arrangement for the required 20% matching funds. The City Council committed to partnering on
this project in 2003, when the original $1 million in federal funding was made available.
DISCUSSION:
AHTD has recently opened bids for construction, and Sweetser Construction, Inc. is the
apparent low bidder at $2,234,929.00. Adding is the cost for utilities relocation of $201,260.38
and construction inspection of $223,492.90, the total project cost is $2,659,682.28. Deducting
the Federal -aid amount of $2,080,800.00 leaves the City owing $579,682.28 of which 50% will
be reimbursed by the University. Therefore, the City will only pay approximately $290,000 for
Mailing Address:
113 W. Mountain Street www.fayetteville-acgov
Fayetteville, AR 72701
this road widening project.
BUDGET/STAFF IMPACT:
Funds are available from the Transportation Bond Program.
Attachments:
Letter from AHTD
Letter from U of A
Resolution 15-03
Resolution 89-13
2
RESOLUTION NO.
A RESOLUTION TO APPROVE THE PAYMENT OF $580,000.00 TO THE
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
REPRESENTING THE CITY' S PORTION OF CONSTRUCTION COSTS
RELATED TO THE WIDENING OF RAZORBACK ROAD, TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00, AND TO
APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves
payment of $580,000.00 to the Arkansas State Highway and Transportation Department
representing the City's portion of construction costs related to the widening of Razorback Road
between Martin Luther King, Jr. Boulevard and Leroy Pond Drive, and further approves a
project contingency in the amount of $50,000.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A".
PASSED and APPROVED this 18t' day of March, 2014.
APPROVED:
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
Libertini, Paul
From: Brown, Chris
Sent: Thursday, February 27, 2014 10:41 AM
To: Libertini, Paul
Subject: FW: Job 040581, Hwy. 180-Leroy Pond Dr. (Hwy. 112) (Fayetteville) (S)
Attachments: 040581BidCostEst.pdf
Paul,
Here is the spreadsheet with the cost for Hwy 112.
From: Meredith, Carlos A. [mailto:Carlos.Meredith@ahtd.ar.gov]
Sent: Wednesday, February 26, 2014 2:55 PM
To: Brown, Chris
Cc: Siskowski, David M.
Subject: Job 040581, Hwy. 180-Leroy Pond Dr. (Hwy. 112) (Fayetteville) (S)
Chris,
Thank you for your assistance in this matter.
Carlos A Nteredth
501.569.2562
Arkansas Highway & Transportation Department;
Pro:grams;& Caxitracts Diyzston,=
Job 040581
Bid Cost Estimate
Hwy. 180-Leroy Pond Dr. (Hwy. 112) (Fayetteville) (S)
Total Cost
Federal Share
City Share
Utility Relocation
201,260.38
161,008.00
40,252.38
Construction
2,234,929.00
1,744,538.00
490,391.00
Construction Inspection
223,492.90
174,454.00
49,038.90
Total
$ 2,659,682.28
$ 2,080,000.00
$ 579,682.28
City's Remaining Share
$ 579,682.28
Max Federal Funds (STP-Urban & Attrib)
$
2,080,000.00
Federal Share
$
2,080,000.00
P&C:PD:CAM
F:\P&C-DIV\ PROJDEV\Carlos\040581 BidCostEst.xlsx 2/26/14
ARKA-.N-J. SAS
Facilities Management
February 28, 201.4
Chris Brown
City Engineer
City of Fayetteville
113 West Mountain Street
Fayetteville. AR 72701
Dear Chris:
The intent of the memo is to inform both the City of Fayetteville and AHTD of the University
commitment to cover the increased cost by approximately $30K for AHTD Job 040581, Hwy. .l 80-
Leroy :Pond Dr. (Hwy. 112) (Fayetteville) (S) (Razorback Road Widening Phase T). The original
commitment from the University was for 50% of the match required from AHTD, or an estimated
$260,000. Therefore, the current commitment from University with 50% of the match required. from
AHTD, has been re -estimated at approximately $290,000. , The University agrees to pay this amount
on demand, once contracts are officially executed and a bill is provided.
Sincerely,
ike John n
Associate Vice Chancellor for .Facilities
cc: Don Pederson
James Ezell
Jay Huneycutt
B125 Facilities Management • Fayetteville, AR 72701 • 479-575-3851 • fama.uark.edu
The UniveisitygfArkansas it an equal opportunity-q%lirmariveuclrnn institution.
RESOLUTION NO.89-13
A RESOLUTION APPROVING A LIST OF ADDITIONAL PROJECTS TO BE
FUNDED BY THE CITY'S TRANSPORTATION BOND PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the list of additional projects for addition to the City's Transportation Bond Program as
delineated in the staff memorandum, attached as Exhibit "A".
PASSED and APPROVED this 161h day of April, 2013.
APPROVED:
By
ATTEST:
I Z By:
04� � JMWA--�
IONELD��,i, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CITY COUNCIL AGENDA MEMO
MEETING DATE OF OCTOBER 16, 2012
THE CITY OF FAYETTEVILLE, ARKANSAS
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Chris Brown, City Engineer V�
Date: March 29, 2013
Subject: Transportation Bond Program -New Project Recommendations
INTRODUCTION/SUMMARY
Over the past few months, the Street Committee has worked to develop a list of projects to be added to the Transportation
Bond Program. Additional projects are needed in the Program to ensure that all of the funds generated by the bond issued
authorized by voters in 2006 are utilized on street improvement projects. The excess funds available are a result of lower
than estimated construction costs, additional federal -aid funding that has been secured for certain projects, a
contingency/cost sharing allocation that was set aside in the program but has not been used, and the elimination of
Highway 112, from Truckers Drive to Van Asche, from full funding under the Bond Program. The list of Street
Committee recommended projects, and summary of each project, is included in this memo, along with additional
background information on the status of the Transportation Bond Program.
RECOMMENDATION
After completion of all projects that are currently in the Transportation Bond Program, approximately $15.5 million
remains to be spent. These funds must be spent on construction of street improvements, and must be expended in a timely
manner after bonds are issued. With the third bond issue planned for 2014, new projects should be identified now in order
for design, right of way acquisition, and other project activities to begin so that construction can begin as soon as possible
after the bonds are issued in 2014. Projects that are recommended to be added to the Transportation Bond Program are:
Estimated
Other Funding Cost to
CIP/Cost
PROJECT NAME
DESCRIPTION
Pro'ect Cost
Share State/Federal Bond Program
Old Wire Road
Mission to Crossover
$4,016,000
$400,000
$3,616,000
Vantage to
Zion Road
Crossover
$4,650,000
$150,000
$4,500,000
Regional Park Access
Roads
New Location
$1,400,000
$1,400,000
College Ave.
Enhancements
Maple to Rebecca
$600,000
$600,000
College Ave.
Enhancements
Rebecca to North St.
$1,420,000
$1,420,000
STP-A Matching Funds
$2,000,000
$2,000,000
Intersection
Improvements and
Pedestrian Crossings
$500,000
$500,000
Contingency/Cost
Sharing
$1,4641000
$1,464,000
Total
$15, 500,000
2013-STP-A Projects:
Ru le Road
Best Friend Ln. to
Mount Comfort
$31700,006
$29.8,000
$2,720,000
$682,000
Highway 112
Razorback Road
MLK Dr. to Leroy
Pond Dr.
$2,600,000
$260,000
$2,08U00
$260,000
BACKGROUND
The Transportation Bond Program is funded by three bond issues, scheduled in accordance with the availability of
dedicated sales tax proceeds to pay off the bonds. Two bond issuances have occurred, one in 2006, and one in 2009,
totaling approximately $34.2 million of the $65.9 million approved by voters in 2006. The remaining bond issue of
approximately $31.75 million is planned for 2014. The funding provided by these bonds, when combined with
State/Federal funding and other City sources, will allow over $105 million of improvements to be completed.
After the recent receipt of bids on several large projects, the status of the Bond Program and availability of funds in the
third bond issue for additional projects is better known. A summary of the financial status is as follows:
Transportation Bonds -Phases 1 and 2
$ 34,214,960.00
Transportation Bonds -Phase 3
$ 31,750,000.00
Transportation Bonds -Interest Income
$ 1,575,600.00
Less: Bond Issuance Costs (Phase 3)
$ (693,300.00)
Total Transportation Bond Fund Proceeds
$ 66,847,260.00
Total Cost of Current Projects -Estimated $(51,275,615.00)
Unallocated Funds (Proceeds -Total Project Costs)* $15,571,645.00
* Includes $8.8 million set aside in Phase 3 for cost sharing projects.
As noted above, available funds for additional projects are estimated at $15.57 million. This value has been adjusted from
the one provided in a December memo to the Committee. This adjustment is due to a proposed change to Garland
Avenue (Hwy 112) between I-540 and Howard Nickell Drive. Staff recommends that the funding planned to be allocated
to this project be reallocated to other projects. This recommendation is based on the following:
During the compilation of projects for the 2006 Bond Program, a development along Highway 112 north of
Sam's Club was proposed that would have significantly impacted the traffic on Highway 112. This project was
never completed, and the current configuration of Highway 112 acceptably handles current levels of traffic.
The Arkansas State Highway and Transportation Department (AHTD) is designing improvements to the I-540
interchange that will impact Highway 112 up to at least Truckers Drive, and possibly further to the north. This
design will not be completed until at least 2015.
The AHTD is also working on a study of the Highway 112 corridor from I-540 to Bentonville. This could affect
the alignment of Highway 112 north of Sam's Club; more importantly, it creates a greater potential for additional
state or federal funding of the route.
For these reasons, staff recommends not moving forward with plans to fully fund this project using Transportation Bond
Funds; rather, it is prudent to wait on the results of the study, and be prepared to provide matching funds to State or
Federal -aid funding that may become available.
A summary of the current projects in the Transportation Bond Program is provided in Attachment 1 to this memo.
PROJECT SUMMARIES
1. Old Wire Road (Mission to Crossover). ($4.02 Million) Old Wire Road has been identified as a priority by
past Street Committees. The intersection with Mission has previously been approved for signalization and
improvements, and is being designed now by the AHTD. Improvements on the rest of Old Wire include widening
and intersection improvements, sidewalks, bike lanes, and a roundabout at Old Missouri and Old Wire Road.
2. Zion Road (Vantage to Crossover). ($4.65 Million) Zion Road from College Avenue to Vantage Drive was
improved as part of the Bond Program in 2008. This project would extend the improvements to Crossover Road,
and provide for a safer route for users by improving the sharp curve just east of Vantage, eliminating the deep
ditches next to the road, providing accommodations for bicycles, and providing sidewalks for pedestrian use.
3. Regional Park Access. ($1.4 Million) This project would improve Judge Cummings Road, and provide a new
route through the City's property off of Cato Springs Road to access the proposed parking areas for the Regional
Park. The street would be constructed with curb and gutter, sidewalks, and streetlights.
4. College Avenue Improvements (Maple to Rebecca) ($600,000) The improvements to College Avenue would
match the existing improvements between Rock and Maple, to include 8 foot wide sidewalks adjacent to the curb,
trees, and streetlights. The segment between Maple and Rebecca is relatively short, and inexpensive compared to
the other segment that is under consideration.
5. College Avenue Improvements (Rebecca to North Street). ($1.42 Million) This segment is complicated by the
existing retaining walls along College and the limited space available. If work on this segment moves forward,
options other than 8 foot sidewalks adjacent to the curb on both sides may need to be considered.
6. STP-A Matching Funds ($2 million). This placeholder project provides matching funds for federal aid money
available through the Surface Transportation Program -Attributable Funds Program. This money is distributed
through the Northwest Arkansas Regional Planning Commission. Projects are selected by a local selection
committee. Projects selected for funding in Fayetteville in 2013 are Rupple Road south of Mount Comfort Road
(design funding), and Razorback Road (Hwy 112) from Martin Luther King Jr. Blvd. to Leroy Pond Drive
through the University of Arkansas Campus. These projects are detailed below.
7. intersection improvements at.Selected intersections ($500,_000) This project would improve safety and
pedestrian access at intersections such as Garland/Maple, Garland/North, North/College, MLK/Razorback, etc.
Improvements would be designed as needed. Cost of improvements would be based on intersections selected and
the improvements needed at each intersection.
8. Contingency/Cost Sharing. This is a placeholder project representing the unallocated funds remaining after
funding the above projects. This amount may fluctuate as project budgets are refined during the design and
project development process.
STP-A PROJECTS
The following two projects have been approved for funding in 2013 by the Regional Planning Commission.
(Discussions regarding 2014 will begin soon.)
1. Rupple Road Best Friend Lane to Mount Comfort Road). ($3.7 Million) This project will extend
improvements to Rupple Road from the north end of the Links at Rupple apartment complex to Mount Comfort
Road. The road will be realigned, with a new bridge across Hamestring Creek, to connect with Mount Comfort
Road at the existing signal, creating a new 4-way intersection with Rupple Road and Mount Comfort. Rupple
Road is identified as a priority by the Northwest Arkansas Regional Planning Commission as a north -south
connector; therefore, this is one of the projects approved by the NWARPC for federal -aid (STP-A) funding (for
design only) for 2013. The City will be responsible for a minimum of 20% matching funds. This project has
been previously identified as a priority project by the Street Committee.
2. Ili hwa 112 Razorback Road Martin Luther King Ji-Allvd. to Leroy Pond Drive). ($2.6 Million) This
project will provide 4 travel lanes, with turning lanes at MLK and at Leroy Pond, and a new signal at Leroy Pond.
Sidewalks will be provided on both sides. This project has had a $1 million allocation of federal aid funding for
several years, and recently has been approved for additional federal aid funding through the STP-A program,
thereby closing a funding gap for the $2.6 million project and allowing it to move forward. Members of City staff
are working with UA staff on a cost share arrangement for the required 20% matching funds. The City Council
committed to partnering on this project in 2003, when the original $1 million in federal funding was made
available.
HOUSES AT WILLOW BEND PROJECT
The Houses at Willow Bend is an affordable housing project that is being developed by Partners for Better Housing, a
local non-profit organization dedicated to providing affordable housing in Fayetteville. The City has worked with this
group to secure design funding through the Home Depot Foundation. The Street Committee heard a presentation and a
request for cost sharing from Partners for Better Housing. Participation by the City in the cost of the street and drainage
infrastructure in the development would make houses that will be constructed more affordable. There were some
concerns raised by the City Attorney regarding use of Transportation Bond Funds for this project; therefore, the
Committee deferred approval of funding at this time, pending further information on funding sources, and other details
regarding the development of an agreement with Partners for Better Housing for cost sharing on the Willow Bend Project
NEXT STEPS
Approval of these projects by the City Council will allow staff will begin programming the projects, to include finalizing
the work scopes and cost estimates, selecting engineering consultants, developing agreements with the AHTD and other
agencies for the federal aid funding, and other preliminary project tasks necessary to move forward with the projects.
0
RESOLUTION NO. 15-03
E
A RESOLUTION TO APPROVE THE AGREEMENT OF
UNDERSTANDING BETWEEN THE CITY OF FAYE17EVILLE
AND THE ARKANSAS HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR COST SHARING FOR THE PRELIMINARY
ENGINEERING WORK TO WIDEN RAZORBACK ROAD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves the Agreement of Understanding between the City of
Fayetteville and the Arkansas Highway and Transportation Department
(attached as Exhibit A) relative to widening Razorback Road and requiring an
initial payment of S35,000 for preliminary engineering work by the Arkansas
Highway and Transportation Department.
PASSED and APPROVED this the 41h day of February, 2003.
APPROVED:
ABy: _
DAN COO Y, May
By:
Sondra Smith, City Clerk
A*EMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVII.LE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration (FHWA)
RELATIVE TO
Wl&iling HWy. 112 from Hwy. 180 (e Street) to Garland Avenue (hereinafter called "the
project') utilizing Federal -aid Surface Transportation Program (STP) funds.
WHEREAS, the Transportation Equity Act for the Twenty-first Century provides 80%
Federal -aid funds to be matched with 20% local funds (cash match) for improvements to eligible
routes, and
WHEREAS, the City of Fayetteville (hereinafter called "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, subject to a limit of $1,000,000 in
FederalSTPfundin8_
Fe % State % City %
Preliminary Engineering: 0 100 0
Right -of -Way: 80 0 20
Utilities: 80 0 20
Construction: 80 0 20
Construction Engineering. 80 0 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 Minority Business Enterprises as stated on Attachment
A,
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.
P
r,
u
THE CITY wIIs.
I. Transmit to the Department a signed and sealed copy of the Resolution (Attachment B) from
the City Council which requests the project and authorizes the Mayor to execute contracts
with the Department.
2. Upon request, submit to the Department S35,000.00 before preliminary engineering by the
Department begins.
3. Be responsible for the 20% match for the cost of construction, construction engineering,
appraisal and acquisition of right-of-way, relocation services (when .requited), and
adjustment of all man-made improvements, including utilities. NOTE: The maximum
,Amount of Federal STP funding available for this project is $1 million.
4. Be responsible for 100% of all right -of --way, utility, construction and construction
engineering costs not provided by the Federal Highway Administration.
5. Submit a letter to the Right of Way Division of the Department which either (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.
6. Be responsible for 100% of all right-of-way and utility costs incurred should the -City not
enter into the construction phase of the project.
7. Submit to the Department the local matching share of the total estimated cost before the
project is awarded to contract.
8. Make no alterations to the improvements constructed with Federal -aid funds without fast
consulting with the Department.
9. 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 Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21). Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
1. Be responsible for administering Federal -aid funds and for project construction supervision.
2. Be responsible for 100% 'of the cost of developing plans and specifications for the project.
3. When requested, provide the necessary services relative to right-of-way acquisition,
appraisal, relocation, and utility adjustments and will be reimbursed for costs involved in
performing these services.
' TT IS FURTHER AGREED& should the City fail to fulfill its r WWsibilities and assigned
duties as related in this Agreement. such failure will disquali6 the City from receiving future
Federal -aid highway funds.
IT IS FURTi1lER 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
Depatunent may cause such funds as may be required to be withheld from the City's gasoline tax
allotment -
IN Wrr-NOS WHEREOF, the parties thereto have executed this Agreement this -day of
ARKANSAS STATE HIGHWAY CTIY OF
AND TRANSPORTATION DEPARTMENT FAYSITEVUIX
Dan Flowers
Director of Highways and Transportation
Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AIND SUB -RECIPIENTS
CONCERNING MINORITY BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that minority business
enterprises (MBEs) as defined in 49 CFR Part 23 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 MBE requirements of 49 CFR Part 23 apply to
this Agreement.
The recipient or its contractor agrees to ensure that MBEs as defined in 49 CFR
Part 23 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 23 to ensure that MBEs 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 minority 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 23, Subpart E, 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 Subsection 23.43(a) shall constitute 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".)
IRAG ENT OF UNDERSTANDING •
' 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 (FHWA)
REL-XTIVE TO
Widening Hwy. 112 from Hwy, 180 (6`h Street) to Garland Avenue (hereinafter called "the
project") utilizing Federal -aid Surface Transportation Program (STP) funds.
WHEREAS, the Transportation Equity Act for the Twenty-first Century provides 80%
Federal -aid funds to be matched with 20% local funds (cash match) for improvements to eligible
routes, and
WHEREAS, the City of Fayetteville (hereinafter called "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, subject to a limit of $1,000,000 in
_.Federal STP funding:
Federal % State % Cit %
Preliminary Engineering: 0 100 0
Right -of -Way: 80 0 20
Utilities: 80 0 20
Construction: 80 0 20
Construction Engineering: 80 0 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 Minority Business Enterprises as stated on Attachment
A,
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.
.A THE CITY WILL:
1. Transmit to the Department a signed and sealed copy of the Resolution (Attachment B) from
the City Council which requests the project and authorizes the Mayor to execute contracts
with the Department.
2. Upon request, submit to the Department $35,000.00 before preliminary engineering by the
Department begins.
3. Be responsible for the 20% match for the cost of 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 STP funding available for this project is $1 million.
4. Be responsible for 100% of all right-of-way, utility, construction and construction
engineering costs not provided by the Federal Highway Administration.
5. Submit a letter to the Right of Way Division of the Department which either (1) stipulates
the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the
Citv will assume or (2) requests that the Department handle some or all of these services.
6. Be responsible for 100% of all right-of-way and utility costs incurred should the City not
enter into the construction phase of the project.
7. Submit to the Department the local matching share of the total estimated cost before the
project is awarded to contract.
8. Make no alterations to the improvements constructed with Federal -aid funds without first
consulting with the Department.
9. 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 Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
THE DEPARTMENT WILL:
1. Be responsible for administering Federal -aid funds and for project construction supervision.
2. Be responsible for 100% of the cost of developing plans and specifications for the project.
When requested, provide the necessary services relative to right-of-way acquisition,
appraisal, relocation, and utility adjustments and will be reimbursed for costs involved in
performing these services.
�IT IS FURTHER AGREED101t should the City fail to fulfill its relonsibilities 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 gasoline tax
allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this �} day of
aoo3
ARKANSAS STATE HIGHWAY CITY OF
AND TRANSPORTATION DEPARTMENT FAYETTEVILLE
Dan Vowers
YVDirector of Highways and Transportation