HomeMy WebLinkAbout14968 1 RESOLUTION NO. 14,968
2
3 A RESOLUTION TO AUTHORIZE THE MAYOR,CITY MANAGER AND
4 CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO
5 ENTER INTO AN AGREEMENT OF UNDERSTANDING BETWEEN THE
6 CITY OF LITTLE ROCK, ARKANSAS, AND THE ARKANSAS
7 DEPARTMENT OF TRANSPORTATION; AND FOR OTHER PURPOSES.
8
9 WHEREAS,Little Rock,Ark.,Resolution No. 14,288(February 16,2016),as amended by Resolution
10 No. 14,652(October 2,2017),authorized the City to enter into a contract for Consulting Services to evaluate
11 the Interstate 30 Crossing Project undertaken by the Arkansas Department of Transportation ("ArDOT");
12 and,
13 WHEREAS, the Consulting Services evaluated the 30 Crossing Project undertaken by ArDOT and
14 included a comprehensive review of the Project to make recommendations as to actions the City should
15 take in order to maximize the benefits of the project; and,
16 WHEREAS,recommendations included the preparation and negotiation of an Interagency Agreement
17 substantially in the form of the Agreement of Understanding between the City of Little Rock and the
18 Arkansas Department of Transportation("Agreement")which is attached hereto as Exhibit A and made a
19 part thereof; and,
20 WHEREAS, the Agreement, ArDOT Job CA0602, Interstate 530 — Highway 67 (Widening and
21 Reconstruction)(Interstate 30 and Interstate 40)(F)("Project"),provides for the process to facilitate design
22 and construction of the Project.
23 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
24 OF LITTLE ROCK,ARKANSAS:
25 Section 1. The Mayor, City Manager and City Clerk are hereby authorized to execute all documents
26 required to enter into the Agreement of Understanding between the City of Little Rock and the Arkansas
27 Department of Transportation, substantially in a form as is attached hereto as Exhibit A to facilitate the
28 design and construction of ArDOT Job CA0602, Interstate 530 — Highway 67 (Widening and
29 Reconstruction)(Interstate 30 and Interstate 40)(F).
30 Section 2. The City shall be responsible for all of the following costs necessary to implement the
31 requirements of this Agreement:
32 1) Planting of trees in excess of the maximum number to be provided by the Department as
33 designated in Attachment B.
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1 2) Bridge width and elements listed in Attachment B for the 6th and 9th Street overpasses that are
2 beyond what the Department would typically provide at Department expense.
3 3) Costs associated with providing a smooth bottom effect to bridge superstructures.
4 4) Pedestrian scaled lighting on the frontage roads in areas where lighting does not currently exist
5 or in areas not included in the specifications for safety as developed by the Design-Builder.
6 5) The cost to upgrade lighting beyond the requirements included in the Technical Provisions.
7 6) Any other elements not currently contemplated and requested by the City.
8 The Department estimates that the cost of the elements to be funded by the City is Three Million, Eight
9 Hundred Thousand Dollars($3,800,000.00)and the City will only be required to pay actual costs incurred.
10 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
11 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
12 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
13 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
14 resolution.
15 Section 4. Repealer. All laws, ordinances,resolutions, or parts of the same,that are inconsistent with
16 the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
17 ADOPTED: April 2,2019
18 ATTEST: APPROVED:
19 76cowsvi
20
21 Allison Segars,Deputy Ci Clerk Frank Scott Jr.,lr
22 APPR VED AS TO LEGAL FORM:
23
24 144144-4.47
25 Thomas M. Carpenter,City orney
26 //
27 //
28 //
29 //
30 //
31 //
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[Page 2 of 11]
Exhibit A
AGREEMENT OF UNDERSTANDING BETWEEN
THE CITY OF LITTLE ROCK AND
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
RELATIVE TO
Design and construction of Job CA0602, I-530—Hwy. 67 (Widening&Reconstruction) (Interstate 30 &
Interstate 40)(F) in the City of Little Rock, (hereinafter called the"Project").
WHEREAS, the Arkansas Department of Transportation (hereinafter called the "Department") has
identified the need for safety, mobility, and modernization improvements to Interstate 30 from Interstate
530 to Interstate 40 and to Interstate 40 from Interstate 30 to Highway 67; and
WHEREAS,the City of Little Rock (hereinafter called the "City") has identified opportunity for Project
elements that are considered important to the context of Little Rock as detailed in Attachment B; and
WHEREAS, the improvements necessary to implement these elements will be added to the Project in
accordance with the process detailed in Attachments A and D; and
WHEREAS,payment for these improvements will be made in accordance with Attachment D; and
WHEREAS,the City has passed Resolution No. agreeing to partner with the Department
on the Project to include these improvements;and
WHEREAS, the Department is authorized by Arkansas Highway Commission Minute Order No. 2018-
068 to enter into the necessary agreements with the City and to proceed with the inclusion of the
improvements in the Project.
IT IS HEREBY AGREED that the City and the Department will accept the additional responsibilities and
assigned duties as described hereinafter.
THE CITY WILL:
1. Support the Design Build Process in accordance with Attachment A.
2. Provide Project funding in accordance with Attachment D.
3. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its
officers and employees from any and all claims,lawsuits,judgments,damages,costs,expenses,
and losses, including those arising from claims before the Arkansas Claims Commission or
lawsuits brought in any other legal forum, sustained on account of the operations or actions of
the City, including any act of omission, neglect or misconduct of said City. Further, the City
shall take no action to compromise the immunity from civil suits afforded the State of Arkansas,
the State Highway Commission, Arkansas Code 19-10-305, or the 11th Amendment of the
[Page 3 of 111
United States Constitution. This obligation of indemnification shall survive the termination or
expiration of this Agreement.
4. Assure that its 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,religion,
sex,national origin,age,or disability in compliance with the Civil Rights Act of 1964,the Age
Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, as
amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21),
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation.
THE DEPARTMENT WILL:
1. Coordinate with the City in accordance with Attachment A.
2. Be responsible for design and associated environmental documentation, right of way
acquisition,and utility relocation for the Project.
3. Be responsible for incorporating and implementing this Agreement and Attachments into the
•
Design Build Agreement.
4. Request funds from the City in accordance with this Agreement.
5. Procure and award a Design-Build Agreement and perform owner verification testing and
inspection for the Project.
6. Enter into a lease/development rights agreement with the City for use of right-of-way for purposes
determined by the City in accordance with Department policy and Arkansas State Law.
IN WITNESS WHEREOF,the parties thereto have executed this Agreement this day
of ,2019.
ARKANSAS DEPARTMENT OF CITY OF LITTLE ROCK
TRANSPORTATION
Scott E.Bennett,P.E.Director Frank Scott,Jr.,Mayor
Bruce T.Moore, City Manager
Thomas M. Carpenter, City Attorney
[Page 4 of 11]
ARKANSAS DEPARTMENT OFTRANSPORTATION
NOTICE OF NONDISCRIMINATION
The Arkansas Department of Transportation(Department)complies with all civil rights provisions of federal statutes and related authorities that
prohibit discrimination in programs and activities receiving federal financial assistance.Therefore,the Department does not discriminate on the
basis of race,sex,color,age,national origin,religion(not applicable as a protected group under the Federal Motor Carrier Safety Administration
Title VI Program), disability, Limited English Proficiency(LEP), or low-income status in the admission, access to and treatment in the
Department's programs and activities,as well as the Department's hiring or employment practices. Complaints of alleged discrimination and
inquiries regarding the Department's nondiscrimination policies may be directed to Joanna P. McFadden Section Head - EEO/DBE
(ADA/504/Title VI Coordinator),P.O.Box 2261,Little Rock,AR 72203,(501)569-2298,(Voice/TTY 711),or the following email address:
ioannamcfadden a,ardot.gov.
Free language assistance for Limited English Proficient individuals is available upon request.
This notice is available from the ADA/504/Title VI Coordinator in large print,on audiotape and in Braille.
[Page 5 of 11]
Attachment A
Process
1. The Department shall facilitate the participation of the City as it relates to this Agreement in the project
Optimization and Refinement process. The Department will provide the City sufficient time to review
and provide comment on all changes to the Project that are related to this Agreement.
2. The Department understands that the City of Little Rock considers the portion of the project between
the 9"'Street and 6th Street overpasses to be a priority for the first phase of the 30 Crossing Project. The
Department will include this portion of the project in the priority list for the Optimization and
Refinement process and will include it in the scope of the first phase of the project if sufficient funding
remains after higher priorities are funded.
3. The City will provide Approval of all changes to elements that are being funded by the City prior to
those changes being incorporated into the Project.
4. The Department shall facilitate design review process by the City as it relates to this Agreement at
review milestones established by the Design-Build Agreement.
5. The Department shall notify the City as soon as the Department becomes aware of any actual or
anticipated material deviation from the design approach for an improvement pertaining to this
Agreement or the Final Schematic and related criteria, the Environmental Decision Document or any
other material design criteria provided to the Design-Builder
6. The Department will facilitate City inspection reviews during construction in accordance with this
Agreement and the Manual.
7. The City shall ensure that their opportunities for review, comment, and approval, as it relates to this
Agreement, do not cause the Department to exceed the time allotted in the Design-Build Agreement
for review, comment, or approval.
8. The City and the Department shall mutually agree during construction to all modifications to City
Streets outside of Department right of way that are deemed necessary for the proper function of the
Project. Modifications that are agreed to upon execution of this Agreement are as follows:
a. 4th Street,between Cumberland Street and the southbound frontage road,will be two(2)
lanes eastbound and one(1)-lane westbound.
b. Mahlon Martin Street will be widened and converted from a one (1)-way roadway to a
two(2)-way roadway.
c. 2'Street will be widened and improved between Cumberland Street and Mahlon Martin
Street to provide two(2) lanes eastbound and two(2)lanes westbound.
[Page 6 of 11]
Attachment B
Master Plan and Design Manual
The City of Little Rock's 30 Crossing Master Plan (Master Plan) is included in Appendix 1 and is for
reference only to provide context for the design and construction of improvements located within the City
of Little Rock. In considering the Master Plan and the City requirements,the following conflicts should be
understood:
1) Traffic modeling will dictate the minimum necessary capacity of the frontage roads.
2) The final striping configuration within the Department's right-of-way shall be consistent
with the schematics shown in the Environmental Assessment.
3) City Streets will not be widened outside of existing Department right-of-way or in conflict
with the Metro Streetcar in order to accommodate bike lanes and/or on street parking.
The following is a list of requirements from the Master Plan that the City of Little Rock has identified as
necessary for the Project.
➢ Maximum corner radius of fifteen (15) feet for Downtown Little Rock as described in the
Master Plan, Sheet 35.
➢ Lane widths of eleven(11)feet on frontage roads as described in the Master Plan,Sheet 35.
D. Street trees and pedestrian scaled lighting placed next to frontage road as described in the
Master Plan, Sheets 35 and 39,or as directed by the City including on the 6th and 9th Street
Bridges. Tree spacing shall be approximately every thirty(30) linear-feet starting from an
intersection with the fist tree being placed thirty (30) linear-feet from the edge of the
intersecting right-of-ways for the streets to not have any sight distance issues.The City shall
be provided a final tree planting plan by the Department before trees are planted to maximize
shade and aesthetic effect.
➢ Tree species to be distributed approximately at 70% Chinese Pistache and 30% Chinese
Elm throughout the designated areas. Similar performing species may be utilized if both
parties agree.A two(2)-inch minimum tree caliper is required.The City will provide space
and support for tree farm planting for the Department to enable trees of at least two(2)-inch
caliper. The required number of trees to be planted at Department expense shall not exceed
100.
➢ Frontage road should be designed to operate at no more than thirty-five(35)MPH.
➢ Striping of City streets upon opening to follow diagram in the Master Plan, Sheet 37.
D. Downtown Little Rock Lane standards to follow exhibits and descriptions as shown in the
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Master Plan, Sheets 38 and 39, except that number of lanes shall be in accordance with
project Technical Provisions.
> The 6th and 9th Street Bridges shall include sufficient width outside of the vehicular traveled
way to accommodate on both sides of the bridge a five(5)-foot minimum width bike lane,
a three (3)-foot buffer between the bike lane and vehicular traveled way, a nine (9)-foot
pedestrian walkway that is constructed for the planting of street trees in urban-style tree
wells with the trunks no more than three(3)-foot from the curb; lighting standards shall be
placed either on the outside edge of the bridge deck, incorporated into the railing system or
no more than two(2)-foot from the curb adjacentto the bike lane.
> The Bridge Design Criteria as shown in the Master Plan, Sheet 40 and described in more
detail on Sheets 41 through 45 should utilize:
• Separated Decks where feasible.
• Between 2nd and 4th Street,box girders and/or other structural design resulting in
a"smooth"deck underside shall be utilized for the main lanes and C-D lanes.
• Lighting placement shall encourage people-space utilization under the river
bridge during the day and at night,enhance the architectural features of the bent
columns, and help avoid vandalism and effective maintenance.
• Widest span feasible through the utilization of vertical retaining wall and bridge
columns to maximize the effective cross section of the local street corridor as
well as any overpass area both in the east west and north south directions.
• Bike/Ped transit access consistent with NATCO design standards as well as the
City's Master Bike Plan and the Rock Region Metro Transit Plans.
• Incorporate vertical/visual protective elements that maximize the perception that
both sides of downtown adjacent to the highway is connected.
• Landscaping along the frontage roadways shall incorporate vertical retaining
walls and/or terraced walls rather than slopes (where feasible), minimize
plant/turf maintenance and the attraction of trash.
• Rough grade the downtown park area per grading plan provided by the City.
• Install stamped concrete pedestrian crossing as shown in the Master Plan, Sheet
48,at locations shown on sheet S7.
[Page 8 of 11]
Attachment C
Aesthetic Requirements
Retaining Wall aesthetic treatment shall be prism-faced as shown in the picture below.
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[Page 9 of 111
Attachment D
Payment Plan
The Department shall be responsible for all costs incurred as a result of the improvements made by the
Design-Builder in accordance with the provisions contained in the Design-Build Agreement (DBA).
Specific to this Agreement,the Department commits to include the following elements in the Project and
shall be responsible for all costs incurred as a result of these elements:
1) Planting of trees according to the requirements of Attachment B.
2) Additional bridge width on the 6th and 9th Street Overpasses to accommodate six(6)-sidewalks
and four (4)-foot bike lanes in both directions in accordance with the standards typically
incorporated into Department projects at Department expense.
3) Hand railing and aesthetic treatments applied to retaining walls as shown in Attachment C.
4) Replacement of existing lighting impacted by the project in accordance with the specifications
provided in the project Technical Provisions.
5) Installation of the stamped concrete pedestrian crossings at the locations specified inthe Master
Plan.
6) Rough grading of the area between 3'Street and President Clinton Avenue in accordance with
a grading plan to be provided by the City.
7) Installationof conduit as needed for lighting along pedestrian and vehicular traveled ways.
The City shall be responsible for all of the following costs necessary to implement the requirements of
this Agreement:
1) Planting of trees in excess of the maximum number to be provided by the Department as
designated in Attachment B.
2) Bridge width and elements listed in Attachment B for the 6th and 94 Street Overpasses that are
beyond what the Department would typically provide at Department expense.
3) Costs associated with providing a smooth bottom effect to bridge superstructures.
4) Pedestrian scaled lighting on the frontage roads in areas where lighting does not currently exist
or in areas not included in the specifications for safety as developed by the Design-Builder.
5) The cost to upgrade lighting beyond the requirements included in the Technical Provisions.
6) Any other elements not currently contemplated and requested by the City.
The Department will provide a cost break-down to the City for all elements that are to be incorporated into
[Page 10 of 11]
the Project at City expense prior to those elements being approved for incorporation into the Project. The
Department will instruct the Design-Builder to include all elements approved by the City into the Project
once full payment has been received for these elements or a payment plan has been agreed to by the
Department.
The Department estimates that the cost of the elements to be funded by the City is Three Million, Eight
Hundred Thousand Dollars ($3,800,000.00). The City will only be required to pay actual costs incurred.
If costs are expected to exceed the estimate provided above, the City will be immediately notified and
provided opportunity to either approve the increase in cost or reduce the scope of elements to be included
in the Project in order to keep costs below the estimate provided above.
[Page 11 of 11]