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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".)