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HomeMy WebLinkAbout1992-11-01-R FEDERAL-AID CITY STREET PROJECT RESOLUTION • RESOLUTION NO. 92-11-1 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF BATESVILLE TO UTILIZE FEDERAL-AID MONIES WHEREAS, The City of Batesville understands Federal-Aid surface ; Transportation funds are available for projects on city streets at the I following Federal participating ratios: Work Phase Federal Share City Match 1. Traffic Signals CONSTRUCTION & 100% -0- ENGINEERING I� i2. Intersection Improvements CONSTRUCTION & 100% -0- ENGINEERING RIGHT-OF-WAY & 80% 20% UTILITIES 3. Roadway & Br. Construction ALL PHASES 80% 20% • 4. City Projects programmed ALL PHASES -0- 100% but not let to contract NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, THAT: SECTION I : The City of Batesville will participate in accordance with its designated responsibility in this project. SECTION II : The Mayor is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the improvements on city streets. SECTION III : The City of Batesville pledges its full support and hereby authorizes the Arkansas State Highway and Transportation department to initiate Taction to construct this project. 1 THIS RESOLUTION adopted this 10th day of November, 1992 N,IItYOR I _ /J ARKANSAS STATE HIGHWAY AND • TRANSPORTATION DEPARTMENT 0 •NO ,'4L Uric Jif Maurice Smith Q P.O.Box 2261 Director ��O z Little Rock,Arkansas 72203 Telephone(501)569-2000 ;' Telefax (501)569-2400 November 5, 1992 The Honorable Jim Barnett Mayor of Batesville 500 East Main Street Batesville, Arkansas 72501 Re: Job 5967, Hwy. 69/Dogwood St. Intersection Improvements Dear Mayor Barnett: As you requested, left turn lanes and other improvements have been included in the referenced project. The City will be responsible for 46 the 20% matching share for additional right-of-way needed at this intersection. Please adopt a project Resolution (sample enclosed) and complete the enclosed Agreement of Understanding and return them to us. If you have any questions, please contact our Programs and Contracts Division at 569-2481. Sincerely, Roger Almond Assistant Chief Engineer for Planning Enclosures RA:BMB:ms • GENERAL REQUIREMENTS FOR RECIPIENTS AND SUBRECIPIENTS CONCERNING MINORITY BUSINESS ENTERPRISES It is the policy of the Department of Transportation that minori- ty business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of con- tracts 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. This recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maxi- mum 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 minority business enterprises 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 af- firmative 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 notifi- cation 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 subrecipient , contractor or subcontractor that failure to carry out the requirements set forth in Subsection 23 . 43 (a) shall constitute a breach of con- tract 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" . ) e 03 AGREEMENT OF UNDERSTANDING • BETWEEN THE CITY OF Batesville ARKANSAS AND THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT In Cooperation with the U. S. Department of Transportation Federal Highway Administration RELATIVE TO The installation and maintenance of traffic control signalization of Urban Arterial and Collector Routes eligible for Surface Trans- portation Program funds. WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 provides 100% Federal-Aid funds for traffic control signalization improvements on Arterial and Urban Collector Routes, and WHEREAS, the City has expressed its desire to use Federal-Aid funds for an eligible project and to provide necessary matching for such funds, and WHEREAS, the City understands that the Department will adhere to the General Requirements for recipients and subrecipients concern- ing minority business enterprises as stated on the attachment, IT IS HEREBY AGREED that the City of , and the Arkansas Arkansas State Highway and Transportation Department, in cooperation with the Federal Highway Administration, will participate in a coop- erative program for implementation, and HEREBY, accept the responsibilities and assigned duties as described hereafter. THE CITY WILL: L. Be responsible for satisfactory maintenance and operation of all traffic signals and all other improvements on that portion of the project not on the Arkansas Highway System. Failure to adequately maintain and operate the facility in accordance with Federal-Aid requirements will result in withholding future Federal-Aid highway funds. :2 . Be responsible for 20% of the total project cost, of appraisal and acquisition of right-of-way, relocation services (when required) , adjustment of all man-made improvements including utilities. ® 3 . Be responsible for any and all preliminary engineering costs by consultant. 4 . Be responsible for any and all expenditures (or awards by the State Claims Commission or Board of Arbitration) , which may be declared non-participating. 5 . Submit a letter to the Right-of-Way Division of the Arkansas State Highway and Transportation Department stipulating the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the City will assume or re- quest that the Arkansas State Highway and Transportation Department handle some or all of these services. 6. Transmit to the Arkansas State Highway and Transportation Department a copy of the Resolution from the City Council or Board of Directors which requests a project and authorizes the Mayor or City Manager to execute contracts with the Arkansas State Highway and Transportation Department for projects on city streets. 7 . Submit to the Arkansas State Highway and Transportation Department 5%, if applicable, of the estimated total project cost before preliminary engineering begins. 8 . Submit to the Department the local matching share, when applicable, of the total estimated cost before the project is advertised for receipt of bids. 9 . Make no alterations to the improvements constructed with Federal-Aid funds without first consulting with the Arkansas State Highway and Transportation Department. 10 . Maintain or adopt regulations and ordinances as necessary for proper operation of the improvements. 11. Be responsible .For the necessary enforcement of operations as required by :improvements on the Arkansas State Highway System and the City Streets. 12 . Hereby attest that the employment policies and practices with regard to its employees, any part of whose compensa- tion is reimbursed from Federal funds, will be without regard to race, color, creed, or national origin. THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT WILL: 1. Be responsible for administering Federal-Aid funds and for project construction supervision. 2. Develop the necessary plans and specifications for all projects. 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. 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. IN WITNESS WHEREOF, the parties thereto have executed this Agreement this 10th day of November 1992 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT CITY OF Batesville Director of Highways Mayor/City Manager and Transportation ,_J i 1