RES NO 05-01-2019 CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.05 -01 -2019
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE
CITY OF VAN BUREN, ARKANSAS, TO PARTNER WITH THE
ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE
FOLLOWING PROJECT; JOB 040714, I-40 / HWY. 59
INTERCHANGE IMPROVEMENTS. (S)
WHEREAS, the City of Van Buren(City)and the Arkansas Department of Transportation(Department)
have identified the need of improvements at the Highway 59 interchange with Interstate 40
in Van Buren; and
WHEREAS, the City has offered to partner with the Department for these improvements by committing
20%of the project costs,up to a maximum of$3 million; and
WHEREAS, the Department will handle all phases of the project and provide all additional funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN
BUREN,ARKANSAS,THAT:
SECTION 1: The City will participate in accordance with its designated responsibilities in this
project.
SECTION 2: The Mayor or his designated representative is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite construction
of this project.
SECTION 3: The City pledges its full support and hereby requests that the Arkansas Department
of Transportation initiate action to implement this project.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt,by a vote of 5 for and 0 against,the foregoing Resolution
at its regular meeting held on the 20th day of May 2019. 34,,/
Joseph P. 40
Mayor
ATTESTED: :PP 'JAS TO FORM:
•
19Phyfli Thomas Cans '74 ettle
y
City Clerk/Treasurer ity Attorney
ARKANSAS STATE HIGHWAY COMMISSION
�yTATE,H�•,
THOMAS B.SCHUECK �?y ' ? , PHILIP TALDO
CHAIRMAN .iTy �.yam'+ SPRINGDALE
LITTLE ROCK .;
ROBERT S.MOORE,JR. KEITH GIBSON
VICE CHAIRMAN " = FORT SMITH
ARKANSAS CITY
P.O.Box 2261 •Little Rock,Arkansas 72203-2261
DALTON A.FARMER,JR. Phone(501)569-2000•Voice/TTY 711 • Fax(501) 569-2400 SCOTT E. BENNETT,P.E.
JONESBORO www.ARDOT.gov•www.IDriveArkansas.com DIRECTOR
March 15, 2019
The Honorable Joseph Hurst
Mayor of Van Buren
1003 Broadway Street
Van Buren, Arkansas 72956
Re: Job 040714
I-40/Hwy. 59 Interchange Impvts.
(Van Buren) (S)
Crawford County
Interstate 40, Section 11
Highway 59, Section 5
Dear Mayor Hurst:
This is in regard to the proposed partnership between the City of
Van Buren and the Department to construct access and operational
improvements at the Highway 59 interchange with Interstate 40. As you are
aware, the Arkansas Highway Commission adopted Minute Order 2016-019
(enclosed) agreeing to partner with the City for these improvements.
In a February 2017 letter from former Mayor Robert Freeman, the City
committed to providing 20 percent of the total project cost, up to a maximum of
$3 million, to accelerate the project development schedule. Because of this
commitment, an additional $7 million of Department funding has been dedicated
to construction of this project in the 2019-2022 Statewide Transportation
Improvement Program (STIP).
The Department has made significant efforts to determine feasible options
for improvements at this interchange. This project is currently estimated for a
mid-2021 bid letting. Depending on the final right of way needed and utility
impacts determined during project development, we may be able to move this
project to an earlier bid letting.
The Honorable Joseph Hurst
March 15, 2019
•
Page Two
We appreciate the City's offer to accept ownership and maintenance of a
segment of Highway 59 between Fayetteville Road and 11th Street as part of the
partnering arrangement. However, in order to maintain connectivity through this
area, this portion of Highway 59 needs to remain part of the State Highway
System. Therefore, we must decline this aspect of your partnering offer.
In order to proceed with this partnering arrangement, your City Council
must adopt a resolution (sample enclosed) authorizing you to enter into any
necessary agreements with the Department. The original signed and sealed
resolution should be returned to the Department. Then, you and the City
Attorney need to sign and return the enclosed Agreement of Understanding. A
copy of the executed Agreement of Understanding will be returned to you.
Thank you again for your interest in Arkansas' transportation system and
for partnering with the Department on this important improvement. If you have
any questions, please contact Jared Wiley, Division Engineer — Program
Management, at (501) 569-2262.
Sincerely,
le*
Scott E. Bennett, P.E.
Director
Enclosures
c: Highway Commission
Deputy Director and Chief Operating Officer
Deputy Director and Chief Engineer
Assistant Chief Engineers
Program Management
Transportation Planning and Policy
District 4
Job 040714 'C' File
SEB/DTS/dts
R:1P&C-DIV1_LF PA\Programs\Partnering\AgreementslVanBuren_I-40Hwy59_040714.ResAgr.ltr.docx
ARKANSAS STATE HIGHWAY COMMISSION
MINUTE ORDER
District: Four Page 1 of 1 Page
County: Crawford
Category: Improvement Project-Arkansas Primary Highway Network (APHN)
WHEREAS, the City of Van Buren requested a study to evaluate various access
improvements at the Highway 59 interchange with Interstate 40; and
WHEREAS, Minute Order 2014-146 adopted the Interstate 40/Highway 59
Interchange Improvement Study to be used as a planning guide for scheduling future
improvements in the area.
NOW THEREFORE, the Director is authorized to enter into the necessary
agreements with the City of Van Buren and to proceed with surveys, plans and construction of
this improvement project as funds become available.
FURTHERMORE, because of the high cost associated with these improvements,
cost sharing through a partnering arrangement with the local jurisdictions should be explored.
At a minimum, possible removal of existing highways from the State Highway System should be
considered.
Approved: Submi. . %y:
41, Chairman /(A6401_.-1
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! poly Director and Chief Operating Officer
��'A1011G„k,� Vice-Chairman A..roved:
eibb. Member d.
Director
Member Minute Order No. 2016 0 1 9
Member Date Passed MAR 2 2016
V
DD-COO
Form 19-056
Rev. 1/13/2016
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ARKANSAS STATE ElIfGIEZWAY COFGi1ISS1ON
' PA INUTF ORDER
District: Four Page 1 of 1 Page
County: Crawford
•
Category: Miscellaneous
. .WHEREAS, RN CRAWFORD•COUNTY, Minute Order 2008-096 authorized
•an access improvement feasibility study for the Interstate 40 interchange with Highway 59 in the '
City of Van Buren; and . • • . .
•
. WHEREAS, the Interstate 40/Highway 59 Interchange Improvement Study has
been prepared and has identified feasible alternatives to accommodate current and future traffic
through this interchange.
NOW THEREFORE, this study is adopted for use as a planning guide for
scheduling future improvements in the area.
•
•
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.,prv.e r/,.0 71) . ,Y Submitted Bv).. . �',,..
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•a r � ` 'a Chairman Cil"-4 l' ; •T a 1..t`l°
ii4, s.s '!.,, 9�
..,: • y�:•",., r Assistant fief Engineer•F[aunitt$ )�1 ,)
j/../'474'4".
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.urran Aphrovc4: )9 !y
= ""r jr.�" ." ,A, •- Member vV` ''( • j2j411,..e., ./��,
,„,,, . . �" Member Minute Ordet No. �:g Y%%r J�. . 'ter
d—e,
,%f/ t�&4*62 .•i ..3.107:D Member Date Paased rirr 11-4' 2 ftpp. •
TPP:MPP:AJW:sr8:8/:3IL014 •
Form 19456
Rev.02/12120I3
ARKANSAS STATE HIGHWAY COMMISSION
MINUTE ORDER
District: Four Page 1 of 1 ?age
County: Crawford
Category: Miscellaneous
WHEREAS,in Crawford County,the City of Van Buren has requested a study to
evaluate the relocation of the Interstate 40 eastbound off-ramp at the Highway 59 interchange;
and .
WHEREAS, relocation of the off-ramp to connect to the frontage road could
improve safety and reduce congestion on Highway 59 in thevicinity of the Interstate 40
interchange.
NOW THEREFORE, the Director is authorized to conduct an access
improvement feasibility study for the Interstate 40 interchange with Highway 59 in the City of
Van Buren.
l%ppro '� p Ans. Submitted By -41
y '"
Chairman
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-is tChiei angmeer-P'-nn
Al( • ,c53/ Vice- aim Approved
.i s Member
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Dir{, '1 atG„/9'
_d Mombe Minute order Nu /' o \_ y.• -`
4/ <
iff7, ,'""�` Member Date Passed JUN 1 i) 2008
Form 19-456
Rev. 08/01/2007
•
RESOLUTION NO.
A RESOLUTION EXPRESSING THE WILLINGNESS OF
THE CITY OF VAN BUREN
TO PARTNER WITH THE ARKANSAS DEPARTMENT OF
TRANSPORTATION
FOR THE FOLLOWING PROJECT:
Job 040714, I-40/Hwy. 59 Interchange Impvts. (S)
WHEREAS, City of Van Buren (City) and the Arkansas Department of
Transportation (Department) have identified the need for improvements at the
Highway 59 interchange with Interstate 40 in Van Buren; and
WHEREAS, the City has offered to partner with the Department for these
improvements by committing 20% of the project costs, up to a maximum of$3 million;
and
WHEREAS, the Department will handle all phases of the project and provide all
additional funding.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
VAN BUREN, ARKANSAS THAT:
SECTION I: The City will participate in accordance with its designated
responsibilities in this project.
SECTION II: The Mayor or his designated representative is hereby authorized
and directed to execute all appropriate agreements and contracts necessary to expedite
construction of this project.
SECTION III: The City pledges its full support and hereby requests that the
Arkansas Department of Transportation initiate action to implement this project.
THIS RESOLUTION adopted this day of , 2019.
Joseph Hurst
Mayor
ATTEST:
(SEAL)
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF VAN BUREN
AND
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
RELATIVE TO
Design and construction of Job 040714,I-40/Hwy. 59 Interchange Impvts. (S) in Crawford
County (hereinafter called the "Project").
WHEREAS, the City of Van Buren (hereinafter called the "City") and the Arkansas
Department of Transportation (hereinafter called the "Department") have identified the need
for improvements at the Highway 59 interchange with Interstate 40 in Van Buren; and
WHEREAS, Arkansas State Highway Commission Minute Order 2014-146 adopted the
Interstate 40/Highway 59 Interchange Improvement Study to be used as a planning guide for
scheduling future improvements in the area; and
WHEREAS, improvement options have been determined for the Project and funding has
been made available for these improvements; and
WHEREAS, the City has passed Resolution No. authorizing the Mayor to enter
into agreements with the Department for the Project; and
WHEREAS, Arkansas State Highway Commission Minute Order 2016-019 authorized the
Director to enter into necessary agreements with the City for 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. When requested, provide the Department with funding for 20% of total project costs, to a
maximum of$3 million.
2. 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 United States Constitution. This obligation of
indemnification shall survive the termination or expiration of this Agreement.
- 1 -
THE DEPARTMENT WILL:
1. Be responsible for all design, environmental documentation, right of way acquisition, and
utility relocation for the Project. •
2. Request funds from the City prior to awarding a construction contract for the Project.
3. Advertise, award, and perform construction inspection for the Project.
IN WITNESS WHEREOF,thearties thereto have executed this s A r
g Bement this day of
, 2019.
ARKANSAS DEPARTMENT OF
TRANSPORTATION CITY OF VAN BUREN
Scott E. Bennett, P.E. Joseph Hurst
Director Mayor
Candice Settle-Beshears
City Attorney
•
ARKANSAS DEPARTMENT OF TRANSPORTATION '
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, (VoiceITTY 711),or the following
email address:joanna.mcfadden@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.
- 2 -
February 3,2017
Mr. Scott E. Bennett
Director
Arkansas State Highway and Transportation Department
P.O. Box 2261
Little Rock,AR 72203-2261
Dear Mr.Bennett:
The City of Van Buren would like to be considered for a partnership with the Arkansas
State Highway and Transportation Department for improvements to the Interstate
40/Highway 59 interchange. These improvements are listed on the 2016-2020 Statewide
Transportation Improvement Program(STIP), Job Number 04X002. Although AHTD
has not completed the plans for the project,we believe it is vital to the community's
health, safety, and welfare to initiate such a partnership.
In the current STIP,the funding is allocated for engineering to begin in the year 2020. It
is our hope that through a partnership with AHTD we could accelerate the actual
construction to the 2020 time period. After the plans are completed by AHTD and
approved by the city council,the City would commit 20%of the cost of the project or up
to$3,000,000. The City would also consider the assumption of maintenance of a
segment of State Highway 59(map attached). Once all the terms and conditions of the
partnership are set forth by AHTD and the City of Van Buren,the city council would
review and consider for approval.
We appreciate all you have done for the State of Arkansas and for the City of Van Buren.
I look forward to working with you on this and any future project. If you have any
questions about this potential partnership please contact me at 479-474-1541.
Sincerely,
Bob Freeman
Mayor
Cc: Mr.Dick Trammel
Senator Terry Rice
Representative Gary Deffenbaugh