1308RESOLUTION NO. ~~~
A RBSOLUTION GRANTING THB ARKANSAS STATB HIGHWAY AND
TRANSPORTATION DBPARTMBNT AUTHORITY TO US8 FBDBRAL-AID
MONIB3 FOR THB NORTH 24TH 3TRBBT LOOP.
!v
WHBRBAS, the City of West Memphis understands
additional Federal-Aid funds are available for improvements
to city streets; and
WH8RBA3, the City understands that their matching
portion of this project will be 2096 of the total cost of
preliminary engineering, appraisal and acquisition of right-
of-way, relocation services and adjustment of man-made
improvements (including utilities}, construction and
construction engineering;
NOW, THBRBFORB, BB IT RBSOLVED BY THB CITY COUNCIL OF
THB CITY OF WBST MBMPHIS, ARKANSAS, THAT:
SBCTION 1. The Mayor of the City of West Memphis is
hereby authorized and directed to execute all appropriate
agreements and contracts necessary to expedite the
construction of the improvements.
3BCTION 2. The City of West Memphis pledges its full
support and hereby authorizes the Arkansas State Highway
and Transportation Department to initiate action to
construct this project.
THIS RB30LUTION adopted this 17th day of September,
1992.
ATTEST:
T, C
SPONSORED BY:
IT M. INGRAM MAYOR
to !; n z r ~-~
~,iY CL::. A~`r~:,
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF WEST i~iEP~IPHIS , ARKANSAS
AND
THE ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S. Department of Transportation
Federal Highway Administration
t
RELATIVE TO
The improvement and maintenance of City Streets eligible for
Federal Aid funds.
WHEREAS, the Intermodal Surface Transportation Efficiency Act of
1991 provides 80% Federal-Aid funds to be matched with 20% local-
funds for improvements on certain City Streets, 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 West ?/emphis , and
the Arkansas State Highway and Transportation Department, in coopera-
tion with the Federal Highway Administration, will participate in a
cooperative program for implementation, and
HEREBY, accept the responsibilities and assigned duties as described
hereafter.
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 require-
ments will result in withholding future Federal-Aid highway
funds.
2. Be responsible for 20% of the total project cost, which
will include preliminary engineering services, construction
engineering services, appraisal and acquisition of right-of-
way, relocation services (when required), adjustment of all
man-made improvements, including utilities, for projects
not on the Arkansas Highway System.
3. 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.
4. Be responsible for any and all preliminary engineering
costs by consultant.
5. Be responsible for any and all expenditures which may be
declared non-participating including any such awards by
the State Claims Commission or Board of Arbitration.
6. 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.
7. 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.
8. Submit to the Arkansas State Highway and Transportation
Department 50, if applicable, of the estimated total project
cost before preliminary engineering begins.
9. Submit to the Department the local matching share, when
applicable, of the total estimated cost before the project
is advertised for receipt of bids.
10. Make no alterations to the improvements constructed with
Federal-Aid funds without first consulting with the Arkan-
sas State Highway and Transportation Department.
11. Maintain or adopt regulations and ordinances as necessary
for proper operation of the improvements.
12. Be responsible for the necessary enforcement of operations
as required by improvements on the Arkansas State Highway
System and the City Streets.
13. 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 day of 19
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT
Director of Highways
and Transportation
CITY OF iVEST idELIPrII S
Mayor/C y Manager
A~"T " .
~.
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUBRECIPIENTS
CONCERNING MINORITY BUSINESS ENTERPRISES
It is the policy of the Department of Transportation that minority
business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agree-
ment. Consequently the MBE requirements of 49 CFR Part 23 apply to
this agreement.
The receipient 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 provid-
ed under this agreement. In this regard all recipients or contrac-
tors 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 affirmative
action program which the recipient agrees to carry out, this program
is incorporated into this financial assistance agreement by refer-
ence. 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 Agrement
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 subcon-
tractor that failure to carry out the requirements set forth in
Subsection 23.43(a) shall constitute a breach of contract and after
the notification of the Department, may result in termination of the
agreement or contract by the recipient or such remedy as the recipi-
ent deems appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to
mean "sub-recipient," and the term "contractor" modified to include
"subcontractor".)