1022 L
RESOLUTION N0. 1022
A RESOLUTION EXPRESSING THE WILLINGNESS
OF THE CITY OF West Memphis TO MATCH FEDERAL
AID AND URBAN SYSTEM MONIES FOR THE
South Airport-Rainer Road Improvements
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[JEREAS, the City of West Memphis understands additional Federal-Aid
and Urban System funds are available for improvements to the city streets; and
k~liEREAS, the City has determined that the top priority project is
South Airport Road from U.S. 70 to Rainer Road and Rainer Road from South Ai
to South Avalon Street.
WHEREAS, the City understands that their matching portion of this project
will be 25% of the total cost, and should the escrowed City matching funds be
inadequate to cover the City's obligation, the Department may cause this
deficiency to be withheld from the allotment of gasoline tax returnable to
the City;
Council OF THE CITY
NO[J THEREFORE BE IT RESOLVED BY THE CITY
OF _Wes~. Me is _~ ARKA;VSAS, THAT:
SECTION I• The City of ~e~+ MPm~_____will participate in accordance
with its designated responsibility in this project.
SECTION II • Z'he Mayor of West Memphis is hereby authorized and directed to
e~teciite all appropriate agreements and contracts necessary to expedite the
construction of the improvements on city streets.
SECTION III: The City of West Memphis pledges its full support and
hereby authorizes the Arkansas State Highway and Transportation Department to
initiate
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A'1TEST:
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AGREEI~7rNT OF UiIDERSTAr1DING
BET6~:rEN
THE CITY OF WEST MEMPHIS , ARF:AwSAS
AND
THE ARKANSAS IiIGHWAY AND
TRAI'SPOR1'ATION DEPAP,TI•IENT
In Cooperation with the
U.S, nepartment of Transportation
Federal. Highway Administration
RELATIVE TO
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The improvement and maintenance of Urban Arterial and Collector
Routes on the Federal Aid Urban System.
6•THEREAS, the 1978 Surface Transportation Assistance Act provides
75Q Federal-Aid funds to be matched with 25~ local funds for
improvements to facilities on the Federal-Aid Urban System, and
h'Hi:REAS, the City has expressed its desire to participate in
the Federal Aid L'rban System Program, and
~9HEpF.AS, the City understands that the Department will adhere to
the General Requirements for recipients and subrecipients cor.cerr:ir-g
minority business enterprises as stated on the attachment,
IT IS HEREBY AGREED that the City of West e-rlphi's and the
Arkansas Highway and Transportation Department, in cooperation with
the Federal Highway Administration, will participate in a cooper-
ative program for implementation, and
HEREBY, accept the responsibilities and assigned duties as described
hereafter.
THE CITY j9ILL:
1. Be responsible for satisfactory maintenance and operation of
all improvements on that portion of the Federal Aid Urban
System not on the Arkansas Highway System and all traffic
signals oii the Arkansas Highway System. Failure to adequately
maintain and operate the facility in accordance with Federal
l,id requirements will result in withholding future Federal Aid
highway funds.
2. Be responsible for 25~ of the total project cost, which will
include preliminary engineering services, construction
engineering services, appraisal and acquisition of right-
uE-way, relocation services (when required), and adjustment
of all man-made improvements, including utilities, for urban
system projects not on the Arkansas Highway System.
3. Be responsible for 100$ of all preliminary engineering and
other. costs incurred should the city not enter into the
construction phase of the project.
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4. Be resF~onsible for any and all e}:penditures which may be
declared non-participating, including right-of-way and
utilities as discussed in Item 2 above, where sufficient
Federal-Aid funds are not available to the City. This is
to be a joint agreement developed between the Department
and the City after preliminary project investigations have
been completed and the magnitude of the project determined.
5. Submit a letter to the Right-of-Way Division of the Arkansas
State Highcaay and Transportation Department stipulating the
services relative to right-of-way acquisition, appraisal,
' relocation and utilities that the City will assume or request
~r~ that the Arkansas State Highway and Transportation Department
handle some or all of these services.
6. Transmit to t}ie Arkansas State IIigh~oay 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.
7. Submit to the: Arkansas State Iii.ghway and Transportation Depart-
ment 5$ of t}le estimated total project cost before preliminary
engineering begins.
8. Submit to the Department the local matching share of the final
estimated cost before t}-e project is advertised for construc-
tion letting.
9. Make no alterations to the improvements constructed under the
Urban System Frogram without first consulting with the Arkansas
State Highway and Transportation Department.
10. Maintain or 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 the Arkansas State Highway System
and the Urban System.
12. Hereby attest that the employment policies and practices with
regard to its employees, any part of whose compensation is
reimbursed from Fec;eral funds, caill be without regard to race,
color, creed, or natio;zal origin.
THE ARICArJSAS STATE FIIGHLVAY AMU TRANSPO't<TATION DEPA;ZT.IENT iVILL:
1. Be responsible for administering Federal-Aid Urban System
funds and for supervision of improvement projects funded
t}~irough the Federal-hid Urban System program.
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2. Provide technical assistance to the City upon request for
continuing the Federal-Aid Urban System program.
3. Provide technical assistance upon request for developing
the necessary plans and specifications for all Federal-Aid
Urban projects.
4. Provide a continuing traffic engineering function fo.r those
urban areas ~~~here a continuing transportation planning pro-
cess is not established.
5. j~Jhen requested, provide the necessary services relative to ~
right-of-way acquisition, appraisal, relocation, and utilit~•
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 Urban System program.
IN t~IITNESS jVHEREOF, the parties thereto have executed this
Agreement this 15th day of q~g,c . ~, ~---.~ 19~r.
ANDATRANSPORTATIONI1DEPARTMENT CITY OF~ W~T N1EM I ,'
Director of highways
and Transportation
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GE,;ER11I. REQUIR~iF.tiTS
FOR
P.ECIPIEIvTS ANU SUBRECIPIE:~TS
CU.:CEiv~ING I•IIi`:UI:ITY $USINESS ~VTERPF.ISr.S
It is the policy of tYie Department of Transportation that minority business
enterprises as defined in 49 CFf: Part 23 shall have the ~zxi:um opportunity
to participate in the performance of contracts financed in whole or in part
with Federal funds under this agreement. Consequently the ,~IBE requirements
of 49 CFR Part 23 apply to this agreement.
T'he recipient or its contractor agrees to ensure that minority business enter-
prises as defined in 49 CFR Part 23 have the ma~;imum opportunity to participate
in the performance of contracts and subcontracts financed in whole or in part
with Federal funds provided under this agreement. In this regard all recipients
or contractors 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 prograa which
the recipient agrees to carry out, this proY;ram is incorporated into this
financial assistance agreement by reference. This prograre 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 ~i9 CFR P<~rt 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.
:'he recipient shall advise each subrecipient, contractor, or subcontractor that
ailure to carry out the requirements set forth in Subsection 23.43(a) shall
onstitute a breach of contract and, after the notification of the Department,
;y result in termination of the agreement or contract by the recipient or such
emedy as the recipient deems appropriate.
(PiUTE: Where appropriate, the term "recipient" may be modified to mean
"subrecipient," and ttie term "contractor" modified to include "subcontractor.")