9885RESOLUTION NO. 9,885
16
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF
LITTLE ROCK TO UTILIZE FEDERALrAID FUNDING MONIES FOR THE
CONSTRUCTION OF CHICOT ROAD SIDEWALKS FROM MABELVALE
CUTOFF TO YARBERRY LANE, A 1997 -1999 TIP PROJECT.
WHEREAS, Federal -Aid Surface Transportation Enhancement funds allocated by the
Arkansas Highway and Transportation Department are available for the construction of Chicot Road
sidewalks from Mabelvale Cutoff to Yarberry Lane; and
WHEREAS, the proposed improvements will construct a six foot sidewalk along the western
R -O -W line of Chicot Road; and
WHEREAS, this project will accommodate future widening of Chicot to minor arterial
standard without disrupting the new sidewalk; and
WHEREAS, the City's matching fund requirement for this project is 20% or approximately
$50,000.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The City Manager is hereby authorized to execute the necessary documents to
expedite the construction of Chicot Road sidewalks from Mabelvale Cutoff to Yarberry Lane.
SECTION 2. The City of Little Rock will participate in accordance with its designated
responsibility, including maintenance of this project.
SECTION 3. The City further pledges its support and authorizes the Arkansas Highway and
Transportation Department to initiate action to implement this project.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ADOPTED: January 7, 1997
ATTEST:
Il'A
ROBBIE HANCOCK
CITY CLERK
APPROVED AS TO FORM:
v� 4of,ri m • C��
THOMAS M. CARPENIWR
CITY ATTORNEY
APPROVED:
JINOAILEY
MAYOR
17
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF LITTLE ROCK
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration
RELATIVE TO
Chicot Rd. Sidewalks (Yarberry Ln.- Mabelvale Cutoff) (LR)
M M
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 provides
80% Federal -aid funds to be matched with 20% local funds for certain city projects, and
WHEREAS, the City of Little Rock (hereinafter called "City ") has expressed its desire to use
Federal -aid funds for eligible projects and to provide necessary matching for such funds, and
WHEREAS, each project phase will be funded as follows:
Federal % City %
Preliminary Engineering: 80 20
Right -of -Way: 80 20
Utilities: 80 20
Construction: 80 20
Construction Engineering: 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.
M
THE CITY WILL:
M
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 19
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, construction engineering, appraisal and acquisition of right -of -way, relocation
services (when required), and adjustment of all man-made improvements, including utilities.
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 expenditures which may be declared non - participating in
federal funds, including any such awards by the State Claims Commission.
5. Repay to the Department the federal share of the cost of this project if for any reason the
Federal Highway Administration removes federal participation.
6. 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.
7. Be responsible for hiring a consultant engineering firm to design the project.
8. Submit to the Department the local matching share of the total estimated cost before a
contract is awarded for construction.
9. Make no alterations to the improvements constructed with Federal -aid funds without first
consulting with the Department.
10. Maintain or adopt regulations and ordinances as necessary for proper maintenance and
operation of the improvements.
11. Be responsible for the necessary enforcement of operations as required by improvements.
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.
U. Be responsible for all costs not provided by the Federal Highway Administration.
14. 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.
-1-
0
THE DEPARTMENT WILL:
1. Be responsible for administering Federal -aid funds and for project construction supervision
2. Review the City's construction plans and specifications for the project.
I 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.
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
1996.
RECOMMENDED:
Assistant Chief Engineer for Planning
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT CITY OF LITTLE ROCK
Dan Flowers Charles Nickerson
Director of Highways and Transportation City Manager
-3-