2172 RESOLUTION NO. 2 7 Z
A RESOLUTION EXPRESSING THE WILLINGNESS OF
THE CITY OF WEST MEMPHIS
TO PARTNER WITH THE ARKANSAS DEPARTMENT OF
TRANSPORTATION FOR THE FOLLOWING PROJECT:
Hirhway 191 North 7rh Street) Improvements
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WHEREAS, the City of West Memphis (City) has expressed interest in partnering
with the E!rkansas Department of Transportation (Department) to improve Highway 191
III
(North 7th iiStreet)- and
WR EREAS, I lighway 191 improvements between I lighway 70 and the
Interstate NO/55 interchange will include resurfacing; and
Ill
WAEREAS, Highway 191 improvements between the Interstates 40/55 interchange
and I iighvstay 77 will include widening and constructing a roundabout at Southland Drive;
and
WIIEREAS, upon completion of these improvements, the City agrees to accept
ownershipj and responsibility for highway 191 between the Interstates 40/55 interchange
and High�,%ay 77 as illustrated on Attachment 1; and
W]JEREAS, the Department has committed to cover all costs and handle all phases
of the prof ect.
N(),W, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
WEST N"EMPHIS, ARKANSAS, THAT:
SECTION I: The City will participate in accordance_ with its designated
responsibilities as described above.
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SEiCTION II: The Mayor or his designated representative is hereby authorized and
directed 1�o execute all appropriate agreements and contracts necessary to expedite the
construction of this project.
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StCTION III: The City pledges its full support and hereby requests that the
Arkansas Department of Transportation initiate action to implement this project.
T11:3�IS RESOLUTION adopted this day of Tu , 2018.
_ William Ii. Johnson
^l_-� ~ Mayor
-Xf-TES1J,A_
(SEAL) jRECEIVED
City Clerk's Offlte
Date/Tiime y m i//�
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I CITY OF WEST MEMPHIS
20�)*:South Redding. P.O. Box 1728. West Memphis,Arkansas. 72303-1728. (870)732-7671
May 24,2018
Scott Benq'f:tt, P.E.
Director �
Arkansas Ill
P:epartment of Transportation
P.O. Box,5.!,
261
Little Rocl;AR 72203
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Mr. BenneI'tt:
The CityoII West Memphis has not received any documented information for defined locations approving
the removj.1 of Highway 191, Section 1 from the Arkansas State Highway System,that was discussed in
the Commssion Meeting held on 04/24/2018 and included in the minutes in section 2018-33. As stated in
the minute':,;this would include the portion of roadway between Highway 70(Broadway)and Highway
77 after co Irnpletion of construction improvements(widening of Highway 191 from Highway 77 to the
overpass,placement of a roundabout at Southland Dr.,and asphalt overlay south of the overpass to
Highway 7 0).After reviewing the minutes,the City of West Memphis wants to contest the boundary that
would be rIrimoved from the State Highway System.Tile city would like to propose that after completion
of constru�:lion improvements,the boundary removed from the State Highway System of Highway 191
would begin from Highway 77 south to the interstate overpass,as shown in the enclosure.
You may a ontact me at(870)702-5109.
Sincerely,
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Amanda Hicks
City Engiri.per, Public Works Director
City of Wast Memphis
205 S. Reclding
West MerrI10his,AR 72303
870-702-51f'09
ahicks@citywm.com
t;; RECEIVED RECEIVED
cc: Kevin Thornton, P.E.
Jared fViley, P.E. JUN 01 2018 JUN 01 2018
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Enclosure: DIRECTOR'S OFFICE pEPUTY DIRECTOR AND
1-Map of 1=lighway 191 ARKANSAS DEPARTMENT CHIEF OPERATING OFFICER
OF TRANSPORTATION
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ARKANSAS STATE HIGHWAY COMMISSION
S 9ZAT E.H�C�
DICK TRA�iAIEL DALTON A.FARMER,JR.
CHAIRMAN Yr c' 9�' JONESBORO
ROGERS
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TH011AS B.SCHliEC1C ��s e/ PHiLiP T.ALDO
VICE CHAIRMAN —' SPRINGDALE
LITTLE ROCK I
P.O.Box 2261 •Little Rock,Arkansas 72203-2261
11.ROBERT S—MOORE,JR SCOTT(501)569-2000•Voice/TTY 711 •Fax(501)569-2400 SCOTT E.BENNETT,P.E.
ARKANSAS CITY i www.ARDOT.gov•www.lDriveArkansas.com DIRECTOR
July 16,2018
The Honorable\1►illiam H.Johnson
Mayor of West N emphis
P.O. Box 1728 1'
West Memphis,1!4R 72303-1728
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Dear Mayor Johnson:
Reference is made to the project to widen and resurface Highway 191 that is tentatively included in the Draft
Statewide Trans; ortation Improvement Program (STIP) for Federal Fiscal Years 2019-2022. Funding availability for this
project is conti 1gent upon the City's willingness to partner with the Department by removing Highway 191 from the State
Highway System upon completion of the improvements. Reference is also made to Ms. Amanda Hicks' letter dated
May 24, 2018 c,anceming improvements to Highway 191 and subsequent discussions between her and the Department's
Deputy Directors and Chief Operating Officer, Lone Tudor.
The City has made a counter offer to accept ownership of the northern segment of Highway 191 from the
Interstates 40/51'.*, interchange to Highway 77 upon completion of the widening improvements. This revised partnering
arrangement isi acceptable to the Department. The City's reluctance to accept ownership of the segment of Highway 191
south of the inq:rchange to Highway 70 is understandable when considering the condition of the bridges and heavy truck
volumes. At a 1'6ture date when funding becomes available to replace these bridges, the possible ownership transfer for this
segment can b 'revisited.
In ordi to proceed
ed with this partnering ng arrangement, your Ci ty Council must adopt a resolution (sample enclosed)
authorizing you'-to enter into any necessary agreements with the Department. An original signed and sealed resolution must
be returned tol',Uhe Department. Then you and the City Attorney must sign and return the enclosed Agreement of
Understanding.I IA copy of the executed Agreement of Understanding will be returned to you. Please note that the enclosed
sample resolution and Agreement of Understanding have been revised to reflect the current partnering arrangement and
replace those submitted to you by letter dated June 14, 2018 from Kevin Thornton,Assistant Chief Engineer for Planning.
We appreciate the City's willingness to partner on this important project and look forward to working with you. If you
have any questions,please let me know.
l' Sincerely,
/��14
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'! Scott E. Bennett, P.E.
Director
Enclosures i!
c: The Honorable Keith Ingram,Arkansas State Senator
Highway Commission
Deputy Dil ector and Chief Operating Officer
Deputy Director and Chief Engineer
Assistant Chief Engineers
Program �'lanagement
Transportci(ion Planning and Policy
District 1
Amanda I,licks,West Memphis City Engineer and Public Works Director
Eddie Bralndey,West Memphis Metropolitan Planning Organization Study Director
Q:\WINWORDOD&CooIcorrespondencelLetterslBennedIHighway 191-West Memphisl8ennett_Johnson_Hwy.191_Response.docx
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AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF WEST MEMPHIS
AND
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
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RELATIVE TO
Design ldd construction -of the Highway 191 (North 7th Street) Improvements in
West MeilIiiphis,Arkansas (hereinafter called the 'Project").
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W11'JEREAS, the City of West Memphis (hereinafter called the "City") and the Arkansas
Department of Transportation (hereinafter called the "Department") have identified the need to
improve I(ighway 191 between highway 70 and I lighway 77 in West Memphis; and
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Wr3EREAS, Highway 191 will be resurfaced between Highway 70 and the
Interstates 40/55 interchange; and
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W113EREAS, Highway 191 improvements between the Interstates 40/55 interchange and
Highway 77 will include widening-and constructing a roundabout at Southland Drive; and
WHEREAS, the City has expressed interest in partnering with the Department for these
improvements by accepting ownership of the northern segment of Highway 191 from the
Interstates 40/55 interchange to highway 77 upon completion of the Project; and
W1[1EREAS, the City has adopted Resolution No. _ agreeing to partner with the
Departmei-it for these improvements and has authorized the Mayor to enter into the necessary
agreements with the Department; and
WriEREAS, Arkansas State Highway Commission Minute Order 2018-033 has
authorized.'the Director to enter into the necessary agreements with the City, and to proceed with
surveys, plans, and construction of the improvements as funds become available.
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IT;!IS HEREBY AGREED that the City and the Department will accept the additional
responsibilities and assigned duties as described hereinafter.
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THE CITY WILL:
1. Upon !6ompletion of the Project, accept ownership and responsibility for the northern
segme:iit of Highway 191 from the Interstates 40/55 interchange to Highway 77 as illustrated
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on Att3.chment 1.
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2. Inderni-ify and hold harmless the Arkansas State highway Commission, the Department, its
off cei;s and employees from any and all claims, lawsuits, judgments, damages, costs,
expenses, and losses, including those arising from claims before the Arkansas Claims
Comni.%ssion or lawsuits brought in any other legal forum, sustained on account of the
operatj;��ns or actions of the City, including any act of omission,neglect or misconduct of said
City. I]Further, the City shall take no action to compromise the immunity from civil suits
affordE�d the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305,
or the 11�Ith Amendment of the United States Constitution. This obligation of indemnification
shall s iirvive the termination or expiration of this Agreement.
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THE DEI='ARTMENT WILL:
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1. Will r-tain responsibility for the segment of Highway 191 from highway 70 to the
Interst rtes 40/55 interchange as illustrated on Attachment 1.
2. Will di`�velop a project to improve Highway 191 that will include:
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a. Resurfacing between I lighway 70 and the Interstates 40/55 interchange;and
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b. 'Widening and constructing a roundabout at Southland Drive between the
Interstates 40/55 interchange and highway 77.
3. Be responsible for all design, environmental documentation, right of way acquisition, utility
relocation for the Project.
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4. Advertise, award, and perform construction inspection for the Project.
5. As ill s'trated on Attachment 1, remove the appropriate section of Highway 191, Section 1
from tl).e State Highway System upon completion of the Project.
IN WITNESS WHEREOF,the parties thereto have executed this Agreement this day of
2018.
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ARKANSAS DEPARTMENT OF
,;TRANSPORTATION CITY OF WEST MEMPHIS
I! Scott E. Bennett, P.E. William ff. Johnson
Director Mayor
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:Michael StephenNon
City Attorney
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i' - 2-
1,
OPOSED CHANGES TO THE STATE HIGHWAY SYSTEM
CITY OF WEST MEMPHIS
CRITTENDEN COUNTY
5 - • �
• - DENING
FOR 2019-2022 STIP
40 \
THIS PORTION /
HIGHWAY191 TO 13E
` �. 55
1 . . THE
CITY OF WEST MEMPHIS
�, 40
UPON COMPLETIOH. OFHIGHWAY 191'
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8 H 1 G H WAY 191 �J Miles . • . „��
0 o.izs o.zs
ARKANSAS DEPARTMENT
SECTION 1
OF�TRANSPORTATION
PM:PS:ad39OSO:7/'13]2018