1247I~~ e~ t; r.:i l__ L.a `r 1 r..i N N (::i . .._.~.~ y.~.....---__.......
A f?r~00L_Ul" l ON [=R f=' i?f::::3'~ :[ r~lC TI ir= ll z Ll_ i I~IC:~f~aE; ~~~
O~ `t~hlE' iw I -rV L F WE:°`°3l' r{IEh'IF'H 1 ~ TCi rrl~ll'~Ct~1 FEE:=1~E_ E~r~L ...f~ r I)
k{f~ I Ai:~F~' I;{~6='L_G-~C;L=rTIE::i'•a_I- F~r~•ai~ F11:=F-it=aS? i I_ :[ "rte 1° I i~i'J
t~10 t~11 E C_~ F C i F~i -r H E:
Nt7 L~ T H A V ~LOh•J :~ T F? E* [=: `I" l:3 r~ l: Ia t~ E:
~:
WI-IE"F~E~AS, the C:i.ty ttf Wet>t Mt~mF]t-~i.s ~_tncler~tst~tnds FedEar~~l.-.Aid
)~r~idl~e Repl~t:emk~nt ~an~~i [;ehal]ilit-atior-~ f~_~nds ;_tr~F- ~~v:~i.l~~ble for-
replacement or r°eh~~C;].l].tr-~t].or~ of eligi.bl.e e>tr~.rc~t~_~r-•e~>; ar~td
WH1=FaF:_AS, the Cij:y t-~~ts= tieter~rnined •~~hnt •I_he top pr•inri.ty
br,idcle(s) is tar^el the Nor-tt-~ AValCir"i 5tr~c~~et C:tr~i.dge (Str. No.
.[`~.[(1.'~1 (]Ver' ~ tin M1 ~.t~ i3ayo~_~g c~Y1d
WhdE~FZE:F~t';~'sy tt-~e C_i.~ty ~_~.r-,t1er~.tancis th~:tt tt-,eir~ reic~ttchinr~ por-•ti.ori of
this pr~o.ject wi1]. he ~='r~ of the total cost, ~~nd sho~_tld the PG.-
crowed L::ity m~.~trt-~i.nL~ f~_ind=s L; Er it°~~tdeq~..r~3tt:~ tty t~taver~ the C~i.ty' y
obla.r~ati{]rlq tt~r3 Uepar,tment m~~y c_.w-~~_~se this defici!~r~cy tc] t]e with-
held from the ttl.lotrn~rnt of yasol.ir-~e tax rtat~_tr,r7r~ble to the GitY°s
NOW 1"t-11~F?F1=OCR[:: Fs~ 1l" F~[::aOI....VET) E-]Y T1-iI~ C,I1"Y C~0UNC1[_ Of= l°F~i1= C~I.rV
OF~ WF~S"r ME::MF'H ]: C~, AC~I',ANa~lt°~, "THAT :
O['-=C`r:[ON T: Tt-ir_~ C:i.ty of West t*lemc]his will. p<~r~i_it_ipate in
a c c t~ ~,: ~ d ~ r i c e w i. t h~~ i. t C, t1 e s ~. cl n ~ t fa t:1 r- e =_> [, t, r'. ~. i. t; i. 1 i. t y i. n t. h i. s p r-• o . j e c t .
:~ [_ (~ T I (:J N ~: l: l" h r~ t~1::a y c; r~ i s her e I~ y ~a ~_t •t: t~ o .^ i .~ e ti ~a n ra d i r' e c t e d t o
exec~_~te all C:cppropr-icjte n[3r cE~o7er'~ts ~:~nd crrntr~at:~ts r-~etYes>sary to
expedite the ~_or-~<.a•tr~_!ction c]f i.;tii• (i;~t-~escx? t.-,ridr.~ta impr-•ovenieni:. (~.?
an city str-•eets.
c3F.~'t_Tl'C]N TIZ: "I"he [:ity of We:.;t: Memphis []ledtae~s its fi~_rll
s'-~ppo~^t and t-~~ar~h~hy a~_ttt-~nr~i ~=a the far~l~,~.n<.~~s '•~t:ate I•iit3t~w~~y ~~nd
T r°• <-::t n C'. p o r-• t a t i. o n I;~ tx p t~~ r-• t m e:} r. t t o i n i. t i. c, t o act i. o r"~ t o con =: t r-• ~_t c t t h i s
p r- c:a , j e is t .
T H 1 c; C2 E ~; Cl [... LJ `I° 1 CI N a t:l o p t ~ ~ t.:1 t: I°t i s:.. _______ ~ ~_._.._._. t:l t:~ y r? f' __ ~'[ n"~ i
191. r
t*1AYOF7
~r1 i .~ U rti~J . l
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF WEST MEMPHIS , ARKANSAS
AND
THE ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation
Federal Highway Administration
RELATIVE TO
The replacement or rehabilitation of structures eligible under the
Federal-Aid Bridge Replacement and Rehabilitation Program.
WHEREAS, the 1978 Surface Transportation Assistance Act provides
80o Federal-Aid funds to be matched with 20% local funds for the
replacement and rehabilitation of eligible structures, and
WHEREAS, the City has expressed its desire to participate in the
Federal-Aid Bridge Replacement and Rehabilitation Program, and
WHEREAS, the City understands that the Arkansas State Highway and
Transportation Department will adhere to the General Requirements
for recipients and subrecipients concerning minority business
enterprises as stated on the attachment,
IT IS HEREBY AGREED that the
referred to as the City, and
portation Department, hereaf~
cooperation with the Federal
pate in a cooperative bridge
and
City of ~~~~.st N~mphis hereafter
the Arkansas State Highway and Trans-
ter referred to as the Department, in
Highway Administration, will partici-
replacement or rehabilitation program,
HEREBY, accept the responsibilities and assigned duties as de-
scribed hereafter.
THE CITY WILL:
1. Be responsible for satisfactory maintenance and operation of
all improvements 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 bridge funds.
2. Be responsible for 20~ of the total project cost, which will
include preliminary engineering services, construction engi-
neering services, appraisal and acquisition of right-of-way,
relocation services (when required), and adjustment of all
man-made improvements, including utilities, for bridge re-
placement or rehabilitation projects not on the Arkansas High-
way System.
3. Transmit to the 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 Department for projects on city streets and bridges.
4. Submit to the Department 5$ of the estimated total project
cost before preliminary engineering begins.
5. Be responsible for reimbursing 100 of all preliminary engi-
neering and other costs incurred by the Department in the
event that right-of-way acquisition for, or actual construc-
tion has not been started within five years after receipt of
the 5~ deposit.
6. Be responsible for any and all expenditures which may be
declared nonparticipating, including right-of-way and utili-
ties as discussed in Item 2 above; also, where sufficient
Federal-Aid funds are not available to the City.
7. Submit a letter to the Right-of-Way Division of the Department
stipulating the services relative to right-of-way acquisition,
appraisal, relocation, and utilities that the City will as-
sume, or request that the Department handle some or all of
these services.
8. Submit to the Department the local matching share of the
estimated right-of-way and construction costs upon request by
the Department.
9. Make no alterations to the improvements constructed under the
Federal-Aid Bridge Replacement and Rehabilitation Program
without first consulting with the Department.
10. 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 city streets and bridges.
12. 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.
13. Be responsible for any award made by State Claims Commission
or Board of Arbitration, as set up by Minute Order 85-060,
that is declared a non-Federal participating cost.
THE DEPARTMENT WILL:
1. Be responsible for administering Federal-Aid Bridge Replace-
ment and Rehabilitation Program funds and for supervision of
improvement projects funded through the Federal-Aid Bridge
Replacement and Rehabilitation Program.
2. Provide technical assistance to the City upon request for
continuing the Federal-Aid Bridge Replacement and Rehabilita-
tion Program.
3. Provide technical assistance for developing the necessary
^~ plans and specifications for all Federal-Aid Bridge Replace-
. ment and Rehabilitation projects.
4. 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 the Agreement,
such failure will disqualify the City from future participation in
the Federal-Aid Bridge Replacement and Rehabilitation Program.
IN WITNESS WHEREOF, the part'es thereto have executed this Agree-
ment this 1~ day of ~ , 19~.
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT CITY OF ti'j e .~ t '`T e T -,: r i s
Director of Highways Mayor/City Ma ger
and Transportation
~~~~._
CIl~ Ci,L'~;~f~
~ ~ , ~ -~
~ ~ "~~~ ~~
.~, "r
.~
~~
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SIIBRECIPIENTS
CONCERNING MINORITY BUSINESS ENTER
It is the policy of the
business enterprises as
maximum opportunity to
financed in whole or in
ment. Consequently the
this agreement.
Department of Transportation that minority
defined in 49 CFR Part 23 shall have the
participate in the performance of contracts
part with Federal funds under this agree-
MBE requirements of 49 CFR Part 23 apply to
The recipient or its contractor agrees to ensure that minority
business enterprises 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 pro-
vided under this agreement. In this regard all recipients or con-
tractors shall take all necessary and reasonable steps in accord-
ance with 49 CFR Part 23 to ensure that minority business enter-
prises 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 pro-
gram 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 subrecipient,
contractor that failure to carry out the requ;
Subsection 23.43(a) shall constitute a breach
after the notification of the Department, may
of the agreement or contract by the recipient
recipient deems appropriate.
contractor, or sub-
irements set forth in
of contract and,
result in termination
or such remedy as the
(NOTE: Where appropriate, the term "recipient" may be modified to
mean "subrecipient," and the term "contractor" modified to includa
"subcontractor".)