1587FEDERAL-AID PROJECT RESOLUTION
RESOLUTION NO. Lj $ 7
A RESOLUTION EXPRESSING THE WILLINGNESS OF
THE CITY OF WEST MEMPHIS
TO UTILIZE FEDERAL-AID MONIES
FOR THE FOLLOWING CITY PROJECT:
Replace Bridge No. 19101 on 14th Street over Ten Mile Bayou
WHEREAS, the City of West Memphis understands Federal-aid Bridge
Replacement and Rehabilitation Program funds are available for certain city projects at
the following federal participating ratios:
Work Phase
1. Bridge & Approach Preliminary Engineering
Construction on City Streets
Right-of--Way
& Utilities
Construction &
Engineering
2. City projects programmed All Phases
but not let to contract
Federal Share City Match
80% 20%
-0- 100%
80% 20%
-0- 100%
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION I: The City will participate in accordance with its designated
responsibilities 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 this city
project.
SECTION III: The City pledges its full support and hereby authorizes the
Arkansas State Highway and Transportation Department to initiate action to implement
this project.
THIS RESOLUTION adopted this ~'~ day of J~~e -+r~p e r- , 19~
~. ~eZ~--
Mayor
ATTEST:
(SEAL)
RECEIVED
G1Y CLERKS OFFK~
DATE t 3, -q - yg ~' S v c~.v~.r
FROM !1, Y~.r.~„(~3ir,6iS!-,
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF WEST MEMPHIS
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration
RELATIVE TO
The improvement of Bridge No. 19101 on 14th Street over Ten Mile Bayou (hereinafter
called "the project") utilizing Federal-aid Bridge Replacement and Rehabilitation funds.
WHEREAS, the Transportation Equity Act for the Twenty-First Century (TEA-21) provides
80% Federal-aid funds to be matched with 20% non-federal funds (cash match) for certain bridge
replacement and rehabilitation projects, and
WHEREAS, the City of West Memphis (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:
Federal % City
Preliminary Engineering: 80 20
Right-of--Way: 0 100
Utilities: 0 100
Construction: 80 20
Construction Supervision: 80 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 the
attachment,
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.
f
THE CITY WILL:
1. Be responsible for satisfactory maintenance and operation of all improvements on that
portion of the project not on the Arkansas Highway System and all traffic signals 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 project cost, which will include preliminary engineering,
construction, and construction engineering.
3. Be responsible for 100% of the cost of appraisal and acquisition of right-of--way, relocation
services (when required), and adjustment of all man-made improvements, including utilities.
4. Be responsible for 100% of all preliminary engineering, right-of--way, and other costs
incurred should the City not enter into the construction phase of the project.
5. Be responsible for any and all expenditures which may be declared non-participating in
federal funds, including any such awards by the State Claims Commission.
6. Repay to the Department the federal share of the cost of this project if for any reason the
Federal Highway Administration removes federal participation.
7. 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.
NOTE: Failure to notify the Department prior to initiating this phase of work may
result in any expenditures being declared non-participating in federal funds.
8. Transmit to the Department a copy of the Resolution which requests a project and authorizes
the Mayor to execute contracts with the Department for projects on city streets.
9. Submit to the Department a 5% deposit prior to the beginning of preliminary engineering and
the local matching share of the total estimated cost before a contract is awarded for
construction.
10. Make no alterations to the improvements constructed with Federal-aid funds without first
consulting with the Department.
11. Maintain or adopt regulations and ordinances as necessary for proper maintenance and
operation of the improvements.
12. Be responsible for the necessary enforcement of operations as required by improvements on
the Arkansas State Highway System and City Streets.
13. Hereby attest that the employment 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, creed, or national origin.
14. Be responsible for all costs not provided by the Federal Highway Administration.
-2-
~.
15. Indemnify and save harmless the Department from all suits, actions, or claims of any
character brought because of any damage sustained on account of the operations, actions, acts
of omission, neglect, or misconduct of the City relating to this agreement and project.
THE DEPARTMENT WILL:
1. Be responsible for administering Federal-aid funds and for project construction supervision.
2. Be responsible for preparing plans and specifications for this 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.
IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned
duties as related in this Agreement, s~~ch 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
19
RECOMMENDED:
Assistant Chief Engineer for Planning
ARKAlv`SAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT CITY OF WEST MEMPHIS
Dan Flowers
Director of Highways and Transportation
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Al Boals
Mayor