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Home My WebLink About70-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 70-19 File Number: 2019-0151 UNIVERSITY OF ARKANSAS MEMORANDUM OF AGREEMENT: A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE UNIVERSITY OF ARKANSAS FOR THE INSTALLATION AND MAINTENANCE OF SPECIAL STREET NAME SIGNS ON CERTAIN ROADWAYS ON OR NEAR THE UNIVERSITY OF ARKANSAS CAMPUS WHEREAS, the City is responsible for the maintenance of all public streets within the City rights-of-way, which also includes maintenance of traffic control devices including signs; and WHEREAS, the University of Arkansas desires to install specially colored street name signs at certain locations on and near the campus; and WHEREAS, the University of Arkansas has agreed to purchase, install and maintain the special street name signs at its own cost. 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 hereby approves the attached Memorandum of Agreement with the University of Arkansas for the installation and maintenance of street signs on certain roadways on or near the University of Arkansas campus and authorizes Mayor Jordan to sign the Memorandum of Agreement. PASSED and APPROVED on 3/19/2019 Page 1 Printed on 3120119 File Number: 2019-0151 Resolution 70-19 Attest: Page 2 Sondra E. Smitht�,ii��'�3�� reasurer .FAYETTEVILLE; ►rte �`� '!,� riiFl !11111 ►,�` Printed on 3/20119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0151 Agenda Date: 3/19/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 6 UNIVERSITY OF ARKANSAS MEMORANDUM OF AGREEMENT: A RESOLUTION TO APPROVE A MEMORANDUM OF AGREEMENT WITH THE UNIVERSITY OF ARKANSAS FOR THE INSTALLATION AND MAINTENANCE OF SPECIAL STREET NAME SIGNS ON CERTAIN ROADWAYS ON OR NEAR THE UNIVERSITY OF ARKANSAS CAMPUS WHEREAS, the City is responsible for the maintenance of all public streets within the City rights-of-way, which also includes maintenance of traffic control devices including signs; and WHEREAS, the University of Arkansas desires to install specially colored street name signs at certain locations on and near the campus; and WHEREAS, the University of Arkansas has agreed to purchase, install and maintain the special street name signs at its own cost. 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 hereby approves the attached Memorandum of Agreement with the University of Arkansas for the installation and maintenance of street signs on certain roadways on or near the University of Arkansas campus and authorizes Mayor Jordan to sign the Memorandum of Agreement. City of Fayetteville, Arkansas Page 1 Printed on 3/20/2019 City of Fayetteville Staff Review Form 2019-0151 Legistar File ID 3/19/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 3/1/2019 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a Memorandum of Agreement with the University of Arkansas for installation and maintenance of signs) on certain roadways on or near the University of Arkansas Campus Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Fund Project Title Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 19, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer CITY COUNCIL MEMO DATE: March 1, 2019 SUBJECT: Approval of a Memorandum of Agreement with the University of Arkansas for installation and maintenance of signs on certain roadways on or near the University of Arkansas Campus RECOMMENDATION: Staff recommends approval of a Memorandum of Agreement with the University of Arkansas, Fayetteville for installation and maintenance of street signs by the UA on and near the UA campus, per the exhibit attached. BACKGROUND: The City is responsible for maintenance of all public streets within our rights of way. This responsibility includes maintenance of traffic control signs. The Manual on Uniform Traffic Control Devices (MUTCD) regulates all aspects of signs, and is the governing document the city is required to comply with. DISCUSSION: The University of Arkansas (UA) desires to install specially colored street name signs at certain locations on and near the campus, on stop and yield signs, and on signal mast arms. The UA has agreed to install and maintain these signs. This Memorandum of Agreement delegates the authority and responsibility for maintaining street name signs in the locations noted in the agreement and on Exhibit A. If approved, the UA will remove the existing street name signs and install signs with a different color scheme and logo. BUDGET/STAFF IMPACT: None Attachments: Signed Memorandum of Agreement Exhibit A Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov MEMORANDUM OF AGREEMENT BY AND BETWEEN BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE AND CITY OF FAYETTEVILLE, ARKANSAS REGARDING INSTALLATION AND MAINTENANCE OF STREET SIGNS ON CERTAIN ROADWAYS ON OR NEAR THE UNIVERSITY OF ARKANSAS CAMPUS WHEREAS, the University of Arkansas, Fayetteville (the University) is located within the city limits of the City of Fayetteville, Arkansas (the City); and WHEREAS, the University desires to install specially -colored Razorback street name signs on stop and yield sign assemblies and traffic signal mast arms with the Razorback logo (the "Razorback Signs") on certain roadways on or near the University of Arkansas campus; and WHEREAS, the University has the funds available and will fabricate the Razorback Signs in its sign shop (or may purchase the Razorback Signs); and WHEREAS, the University is willing to replace the existing signs with the Razorback Signs and agrees to maintain the Razorback Signs for as long as this Agreement is in place. NOW THEREFORE, the University and the City agree that the street name signs, but not the sign posts or stop signs, on certain roadways on and near campus, as identified below, shall be under the control of the University and maintained as follows: 1. The following streets or portions of streets on and near campus are subject to this agreement: a. Intersection of Arkansas and Maple (overhead/traffic light signage) b. Intersection of Arkansas and Dickson (overhead/traffic light signage) c. Intersection of Maple and N. Leverett (overhead/traffic light signage) d. Arkansas + Reagan e. Arkansas + W. Lafayette f. Maple + Whitman g. Maple + N. Storer h. Maple + Oakland i. Maple + Lindell j. Maple + North Oliver k. Dickson + Duncan 1. Dickson + Harmon in. Dickson + McIlroy n. Dickson + Garland (south of Union) o. Harmon + Center p. Harmon + Fairview q. Duncan + Williams r. Cleveland + Razorback s. Cleveland + N. Hall t. Razorback + W. Cardwell The streets are also identified on the map attached hereto as Exhibit A and made a part hereof. 2. UNIVERSITY'S RESPONSIBILITIES. The University shall be solely responsible for: (a) The design of the Razorback Signs. The University agrees that the font size and type, and reflectivity of the Razorback Signs shall comply with all applicable local, state and federal standards for traffic control devices. (b) Fabrication or procurement of the Razorback Signs. The University shall bear the entire cost of fabricating the Razorback Signs in its sign shop or purchasing the Razorback Signs from a vendor. (c) Installation of the Razorback Signs. The University shall bear the entire cost of removing existing signs and replacing them with the Razorback Signs. Existing green signs shall be returned to the City. (d) Maintenance of the Razorback Signs. The University shall bear the entire cost of maintaining the Razorback Signs (but not the street sign posts or stop signs) for as long as this Agreement is in place. The University shall monitor the condition of the signs and shall ensure that any missing or damaged Razorback signs are repaired or replaced within 30 days. In the event any notice is required, the University contact shall be: Jay Huneycutt Director, Planning and Design, Facilities Management, University of Arkansas 479-575-7267 FAMA B 117, University of Arkansas Fayetteville, Arkansas 72701 3. CITY'S RESPONSIBILITIES. The City shall: (a) Cooperate with the University to ensure the accuracy of street names and the proper placement of the signs. (b) Notify the University if it learns of any damaged or missing Razorback Signs. 2 In the event any notice is required, the City contact shall be: Terry Gulley Transportation Services Director 479-575-8207 113 W. Mountain St. Fayetteville, AR 72701 4. DURATION This Agreement will only expire if the City vacates the rights of way subject to this Agreement. 5. TRANSFER This Agreement shall not be transferable unless approved in writing by the City of Fayetteville and the Board of Trustees of the University of Arkansas. 6. AMENDING THE MEMORANDUM OF AGREEMENT Should any of the signatories to this Agreement believe that the terms of this Agreement are not being met, or cannot be met, that party shall immediately notify the other signatories and request consultation to amend this Agreement. The parties agree to act in good faith to resolve any issues incurred over the term of the Agreement, consistent with any applicable laws, codes or ordinances. The process to amend this Agreement shall be conducted in a manner similar to that leading to the execution of this Agreement. 7. TERMINATING THE MEMORANDUM OF AGREEMENT This Agreement shall not be terminated except (i) by written agreement of the authorized respective representatives of the City of Fayetteville and the Board of Trustees of the University of Arkansas or (ii) upon twelve months' prior written notice from an authorized representative of the Board of Trustees of the University of Arkansas to the City of Fayetteville. 8. COUNTERPARTS AND SIGNATURES This Agreement may be executed in one or more counterparts, each of which shall be considered one and the same document. The parties agree that copies of faxed or PDF copies of the signature pages shall be deemed a valid and binding upon each of them. 9. GOVERNING LAW This Agreement shall be governed and construed under the laws of the State of Arkansas without regard to its choice of law principles. By entering into this Agreement, neither the City nor the University waive any immunities to suit that are or may be available to either of them or their respective officials, trustees, representatives or employees. 3 SIGNATORIES BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE, ARKANSAS _IC az e_ Joseph E. Steinmetz t e: Chancellor r a YET7-F"VI . 3 l 2D 1q ate) MLLE, ARKANSAS 4 3 (Date) 3/.zaffg (Date) wmapie st .,. �.a .'M:Y. T•��i` O'�b,•a.b Cda�� 3:::n'R��L�.','-. . '� nYf: a , •�:? '::«w. � � is r:} �+r '� : •,;;: " d€;�.',': '�.E' :. _ '::F�; `;a•Y. it t>�� . 5 d�r7aZ..-r`- � r�"�"�� -i . 'k .. '^C . . Z�'":... ��s,� .,.,j � 'f� rhe aw r��' � �•."� . � . - :- i w.�� ..�. t .. .. ... .......... ■ I T K ■ 1 aw