27-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 27-17
File Number: 2016-0666
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING
AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD AND
GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112
BETWEEN 15TH STREET AND INTERSTATE 49 AS A CITY STREET.
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as follows:
1. The Department was responsible to fund and handle project development, which is complete. The
Department is also responsible for advertising, awarding the bid, and providing construction inspection.
2. The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly over
the City's budget; and
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
follows:
1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on
Attachment A to this Resolution. The Department will provide the gap funding needed to construct the
project.
Page 1 Primed on 1/4/17
Resolution: 27-17
File Number 2016-0666
2. The City will revise the current design. However, any increase in the current scope that results in a
higher project cost will be the responsibility of the City and will be in addition to the cap amount of
$3,358,600.
3. The Department will advertise and award the project. The City may inspect the project. The
Department will inspect the project if requested by the City.
4. Once the project is let to contract, an increase in cost due to added scope by change order will be the
responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment will
be the responsibility of the Department.
5. The Department will fund the cost to overlay the segments from Maple Street to North Street and from
Leroy Pond Drive north to the beginning of Job 040582. The City may develop, advertise, award and inspect
the project. The Department will provide these services if requested by the City. Any additional scope items
to the Department's typical overlay design that add cost to this improvement will be the responsibility of the
City.
6. The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020 (STIP)
includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to
handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to
Interstate 49. The Department will provide the amount of funding necessary for all phases of work to
develop and construct the typical design section for an urban state highway as shown on Attachment B to
this Resolution. The cost of additional features outside of this standard scope that increase the total cost
beyond that of the typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume ownership
and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown on Attachment
C to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the City's
participation in this Partnering Agreement in accordance with its designated responsibilities in this project.
Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to execute all
appropriate agreements and contracts necessary to expedite the construction of this project.
Page 2 Printed on 114117
Resolution: 27-17
File Number.' 2016-0666
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support and
hereby requests that the Arkansas State Highway and Transportation Department initiate action to
implement this project.
PASSED and APPROVED on 1/3/2017
Attest:
� K rm
Sondra E. Smith, City Clerk Treasured
"gyp FAYETTEVILLL
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Page 3 Printed on 114117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0666
Agenda Date: 1/3/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 4
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING
AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD
AND GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112
BETWEEN 15TH STREET AND INTERSTATE 49 AS A CITY STREET
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as follows:
1. The Department was responsible to fund and handle project development, which is complete. The
Department is also responsible for advertising, awarding the bid, and providing construction inspection.
2. The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly over
the City's budget; and
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
follows:
1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on
Attachment A to this Resolution. The Department will provide the gap funding needed to construct the
project.
2. The City will revise the current design. However, any increase in the current scope that results in a
higher project cost will be the responsibility of the City and will be in addition to the cap amount of
$3,358,600.
3. The Department will advertise and award the project. The City may inspect the project. The
Department will inspect the project if requested by the City.
4. Once the project is let to contract, an increase in cost due to added scope by change order will be the
City of Fayetteville, Arkansas Page 1 Printed on 11412017
File Number.' 2016-0666
responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment
will be the responsibility of the Department.
5. The Department will fund the cost to overlay the segments from Maple Street to North Street and
from Leroy Pond Drive north to the beginning of Job 040582. The City may develop, advertise, award
and inspect the project. The Department will provide these services if requested by the City. Any
additional scope items to the Department's typical overlay design that add cost to this improvement will
be the responsibility of the City.
6. The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020 (STIP)
includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to
handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to
Interstate 49. The Department will provide the amount of funding necessary for all phases of work to
develop and construct the typical design section for an urban state highway as shown on Attachment B
to this Resolution. The cost of additional features outside of this standard scope that increase the total
cost beyond that of the typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume
ownership and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown
on Attachment C to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the City's
participation in this Partnering Agreement in accordance with its designated responsibilities in this
project.
Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to
execute all appropriate agreements and contracts necessary to expedite the construction of this project.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support
and hereby requests that the Arkansas State Highway and Transportation Department initiate action to
implement this project.
City of Fayetteville, Arkansas Page 2 Printed on 11412017
City of Fayetteville Staff Review Form
2016-0666
Legistar File ID
1/3/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 12/16/2016 Engineering /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a Resolution to Enter into a Partnering Agreement with the Arkansas Highway and Transportation
Department to complete certain segments and to Transfer Right of Way Jurisdiction to the City for Highway 112
from 15th Street to 1-49
Account Number
Project Number
Budgeted Item? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Fund
Project Title
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget Ls
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
7ayIffle
1-1
�
ARKANSAS
MEETING OF JANUARY 3, 2017
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Chris Brown, City Engineer C6
DATE: December 16, 2016
SUBJECT: Resolution to Enter a Partnering Agreement with the Arkansas Highway
and Transportation Department to complete certain segments and to
Transfer Right of Way Jurisdiction to the City for Highway 112 from 15tn
Street to 1-49
RECOMMENDATION:
Staff recommends approval of a resolution to partner with the AHTD to widen and improve
portions of Highway 112 between 15th Street and 1-49, and to agree to the transfer of this
segment from the AHTD to the City.
BACKGROUND:
Highway 112 is an Arkansas Highway and Transportation Department (AHTD) owned facility
that functions as a major north -south arterial connecting 1-49 to the north and Highway 71 to the
south, and serves as the main north -south entrance to and access through the University of
Arkansas. Over the past several years, segments of the roadway have been widened and
improved through and near the campus, through a series of partnerships between the City, the
UA, and the AHTD. The UA has planted and maintained the landscaping and trees on
segments through campus and to the south of the. campus since the completion of the widening
and improvements.
In 2014, the City secured an additional $2.4 million in federal -aid funding for another segment of
this route, between Garland Avenue and Razorback Road. However, construction bids received
for the project have been over $4 million on two separate bidding occasions. This has stalled
the construction of the project.
Remaining segments between 15th Street and 1-49 that have not been widened or improved
include Razorback Road, from Maple Street to Leroy Pond Drive, and Garland Avenue from
Poplar Street to 1-49.
DISCUSSION:
After the 2"d time receiving bids over $4 million on the Maple to Razorback segment of Highway
112, the City and UA met with the AHTD and began discussing an arrangement whereby the
AHTD would provide funding to complete the construction of this segment, in exchange for the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City taking over the roadway as a City street. Ultimately, the attached proposal was developed
by the AHTD, which includes:
1. The AHTD will provide additional funding to complete the improvements to the Garland to
Razorback Road segment of Highway 112, and to overlay 112 on either side of this project,
to provide a new condition roadway through the entire campus.
2. The AHTD will complete widening and improvements to Highway 112 north of Poplar to
Van Asche, at no cost to the City. The City will be allowed to manage the design of the
project.
3. In exchange, the City will accept Highway 112 between 15th Street and 1-49 for
maintenance in perpetuity; the route will be removed from the state highway system and
will become a City street.
BUDGET/STAFF IMPACT:
While the proposed resolution does. not obligate any City funds, subsequent agreements and
construction contracts will require matching funds in the amount of $958,600. The UA has
agreed to provide 50% of this amount per the attached letter; therefore, the cost to the City will
be a maximum of $479,300, Funds are available in the Transportation Bond Program for this
match amount.
Operational costs to the City in the short term are expected to be minimal due to the new
condition of the majority of the section to be transferred to the City. Over the long term, overlay
and other pavement maintenance costs will be the most significant expenses expected.
Attachments:
Resolution
Cost Spreadsheet
Map of proposed improvements and segment to be transferred to City
Letter from UA
A
RESOLUTION NO.
A RESOLUTION ALLOWING THE CITY OF FAYETTEVILLE
TO ENTER INTO A PARTNERING AGREEMENT WITH
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
FOR:
Job 040582, Razorback Road - Garland Avenue (Highway 112) (Fayetteville)
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
follows:
WHEREAS, the original partnering_ agreement between the Department and the City was as
• The Department was responsible to fund and handle project development, which is
complete. The Department is also responsible for advertising, awarding the bid, and
providing construction inspection.
• The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly
over the City's budget; and
follows:
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
• The amount of City funds available for Job 040582 is capped at $3,358,600 as shown on
Attachment A. The Department will provide the gap funding needed to construct the
project;
✓ The City will revise the current design. However, any increase in the current
scope that results in a higher project cost will be the responsibility of the City and
will be in addition to the cap amount of $3,358,600;
✓ The Department will advertise and award the project. The City may inspect the
project. The Department will inspect the project if requested by the City;
✓ Once the project is let to contract, an increase in cost due to added scope by
change order will be the responsibility of the City. An increase in cost due to a
change order for a normal bid item adjustment will be the responsibility of the
Department;
• The Department will fund the cost to overlay the segments from Maple Street to North
Street and from Leroy Pond Drive north to the beginning of Job 040582. The City may
develop, advertise, award and inspect the project. The Department will provide these
I
services if requested by the City. Any additional scope items to the Department's typical
overlay design that add cost to this improvement will be the responsibility of the City;
• The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020
(STIP) includes a project to widen Highway 112 from Poplar Street to Van Asche Drive.
The City desires to handle all phases of project development, advertise, award, and
inspect the portion from Poplar Street to Interstate 49. The Department will provide the
amount of funding necessary for all phases of work to develop and construct the typical
design section for an urban state highway as shown on Attachment B. The cost of
additional features outside of this standard scope that increase the total cost beyond that
of the typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume
ownership and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown on
Attachment C.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAYETTEVILLE,
ARKANSAS, THAT:
SECTION I: The City of Fayetteville 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 the construction of this project.
SECTION III: The City of Fayetteville pledges its full support and hereby requests that the
Arkansas State Highway and Transportation Department initiate action to implement this project.
THIS RESOLUTION adopted this day of 2016.
Lioneld Jordan
Mayor
ATTEST:
(SEAL)
available for the project.
Federal- Match Total
Note: Job 040582's construction cost estimate is based on the current design. City funds are capped at $3,358,600 in STP-A and matching funds. AHTD is committed to providing the full amount of gap funding necessary for Job 040582,
contingent upon receiving a responsive bid that is within an acceptable range of the engineers estimate. The City of Fayetteville will revise the current design to incorporate some desired changes. Funding for any increases in scope will
be the responsibiity of the City and will be added to the $3,358,600 cap amount. Once the project is let to contract, an increase in cost due to added scope will be the responsibility of the City. An increase in cost due to normal change in
conditions will be the responsibility of the Department.
AHTD is committed to providing funds for the overlay projects using our basic design standards. Funding for any increases in scope will be the responsiblity of the City and be added to the $3,358,600 cap amount.
Q:tWINWORDIDD & COOIInformationlFayettevillelHighway 1121Hwy. 112 Fayetteville Funding Breakdown.xlsx ATTACHMENT A
a:rs`6 4% AM'
6
2 TYPICAL SECTIONS OF IMPROVEMENT
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(4" U.T.) SOD = SOLD W LK
PROFILE SOD t4" U.T.) pPE _ /_
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(TYPE A)(I'-6" ) 0.02'/ 0.02'/' (TYPE A)(I'-6")
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C.C.C. & G. LT. & RT.
ATTACHMENT B
TYPICAL SEC�i TUNS UI iMrKOVEMENT
!OUNIVERSITY OF
ARKANSAS
Facilities Management
December 15, 2016
Chris Brown
City Engineer
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Dear Chris:
Per your request via attached email of Wednesday, December 14, 2016, the University of Arkansas (UA)
remains committed to our cost -sharing (10% City / 10% UA) on the required 20% local match on AHTD Job
4040582 Razorback Rd -Garland Ave (Highway 112) (Fayetteville).
This UA Commitment is on a not -to -exceed basis of $479,300 per the draft resolution and supporting
documents.
The UA remains committed to also working out an appropriate long-term agreement on current and future
maintenance for the roadway sections between 15t' Street and North Street / Wedington Drive. Our
maintenance efforts essentially commenced in 2002-2003 upon completion of the initial section of roadway
between Maple Street and North Street / Wedington Drive. They now include the entire length mentioned
above and for those specific areas covered which will be incorporated in our future agreement. Potential UA
areas in this future agreement to be covered include irrigation systems, tree maintenance, grass maintenance,
pedestrian light maintenance where they exist, core campus crosswalk maintenance, sidewalk maintenance and
related areas.
We look forward to our continued partnership as we complete this long -needed series of safety improvements
and physical changes to this critical link running through our campus and the larger community.
Sincerely,
M.R. Joh s n
Associate ice Chancellor for Facilities
Attachment: Email of 12/14/16 (w/attachments)
B125 Facilities Management • Fayetteville, AR 72701 •479-575-3851 • fama.uark.edu
The ilnivearity ofdrkansas is an equal opportunihvafftrmative action institution.
YKANSAS DEPARTMENT
AR
OF TRANSPORTATION
RECEIVED
OCT 272017
CITYOCLERK SS OFFICE
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear Mayor Jordan:
ARKANSAS DEPARTMENT OF TRANSPORTATION
ARDOT.9ov I IDriveArkansas.com I Scott E. Bennett, P.E., Director
10324 Interstate 30 1 P.O. Box 2261 I Little Rock, AR 72203-2261
Phone: 501.S69.2000 I Voice/TTY 7111 Fax: 501.569.2400
October 19, 2017
Re: Hwy. 112 Partnering
Washington County
RECEIVED
OCT 2.9 20'11
C'TY OF MAYOR'S OFCE LE
Enclosed is your copy of the executed partnering agreement for improvements to Highway 112 in
Fayetteville. Please submit final plans for Job 040582 for Department review prior to requesting
authority to advertise this project for construction.
You may also contact the Department's Consultant Contracts Section at (501) 569-2106 to coordinate
the procurement of a consultant to provide design services for the widening project between Poplar
Street and Interstate 49.
If you have any other questions regarding the partnering arrangement, please contact Jared Wiley,
Division Engineer — Program Management, at (501) 569-2262.
Sincerely,
2evin Thornton
Assistant Chief Engineer — Planning
Enclosure
c: Director
Deputy Director and Chief Operating Officer
Deputy Director and Chief Engineer
Assistant Chief Engineer — Design
Assistant Chief Engineer — Operations
Program Management
Consultant Contracts
Right of Way
Roadway Design
System Information and Research
Transportation Planning and Policy
District 4
Job 040582 'C' File
Job 040720 'C' File
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
RELATIVE TO
Implementation of Highway 112 Improvements between Highway 16 and Interstate 49 in
Fayetteville, Washington County (hereinafter called the "Projects").
WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed interest in
partnering with the Arkansas Department of Transportation (hereinafter called the "Department")
for the Projects; and
WHEREAS, Resolution No. 27-17 from the City agrees to contribute $3,358,600 for the
Projects and to accept ownership and responsibility of the portions of Highway 112 between
Highway 16 and Interstate 49 upon completion of the improvements; and
WHEREAS, Arkansas State Highway Commission Minute Order 2017-012 has authorized the
Director to enter into the necessary partnering agreements with the City for the Projects; and
WHEREAS, it is understood that the City and the Department will adhere to the General
Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business
Enterprises (DBEs) (Attachment A) and that, as part of these requirements, the Department may
set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and
related to the potential availability of DBEs in desired areas of expertise.
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. Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave.
(Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North
Street and from Leroy Pond Drive to the beginning of Job 040582:
a. Be responsible for $3,358,600 in project costs as shown in Attachment B for
Job 040582.
b. Be responsible for any increases in construction, right of way, or utility costs
resulting from changes in project scope proposed by the City.
c. Be responsible for any desired revisions to the current design of Job 040582, along
with associated engineering costs.
d. Be responsible for any costs resulting from inclusion of desired revisions in project
scope outside the Department's typical overlay design for the Highway 112 overlays.
e. Prepare plans, specifications, and a cost estimate for construction. A registered
professional engineer must sign the plans and specifications for the Project. (See
Attachment C for items to be included in the bid proposal.)
f. Understand that expenditures for work performed by the City's forces (including
preliminary and construction engineering, environmental documentation, and
right of way acquisition services) are not eligible for reimbursement with federal
funds.
g. Ensure that the plans and specifications comply with the Americans with Disabilities
Act (ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations,
including airport clearance when necessary, for the type of work involved.
h. Submit final plans for Department review.
i. Submit a certification letter (Attachment D), including all items noted, to the
Department when requesting authority to advertise the Projects for construction bids.
j. Advertise for bids in accordance with federal procedures as shown in Attachment E.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
k. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
1. After bids are opened and reviewed, submit a Certification Letter Requesting
Concurrence in Award (Attachment F), including all items noted, to the Department.
m. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction
meeting with the Contractor and invite the Department's Resident Engineer assigned
to the Project.
n. Make payments to the contractor for work accomplished in accordance with the plans
and specifications. Then request reimbursement from the Department for costs
exceeding $2,359,118 on the Construction Certification and Reimbursement Request
(CCRR) form (Attachment G). Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
o. Provide construction engineering and inspection services, including associated costs,
for the Project.
p. Attach LPA Report of Daily Work Performed (Attachment H) for all days that
correspond with each CCRR submittal.
q. Prior to executing the work, submit construction contract change orders to the
Department's Resident Engineer in charge of reimbursements for review and
approval.
r. Be responsible for any increased costs resulting from desired revisions in project
scope, whether during the design phase or during construction as a change order.
s. Upon completion of the Project, hold a final acceptance meeting for the Project and
submit the LPA Final Acceptance Report form certifying that the Project was
accomplished in accordance with the plans and specifications (Attachment I). This
form must be signed by the engineer performing construction inspection on the
Project, the Department's Resident Engineer assigned to the project, the City's full-
time employee in responsible charge, and the City's Mayor.
t. Upon completion of these improvements to Highway 112, accept ownership and
responsibility of the portion of Highway 112, Section 0 between Highway 16
(W. 15th Street) and Highway 112 Spur (Wedington Drive).
-2-
2. Be responsible for the following in relation to projects scheduled to widen Highway 112
between Poplar Street and Interstate 49:
a. Be responsible for hiring a consultant engineering firm(s) in accordance with the
Local Agency Consultant Selection Procedures (Attachment K) to provide
engineering services which include environmental documentation, preliminary
engineering, and construction engineering for the Project. NOTE: FHWA
authorization and Department approval must be given prior to issuing a work
order to the consultant for federal funds to be allowed in this phase.
b. Prepare plans, specifications, and a cost estimate for construction. A registered
professional engineer must sign the plans and specifications for the Project. (See
Attachment C for items to be included in the bid proposal.)
c. Understand that expenditures for work performed by the City's forces (including
preliminary and construction engineering, environmental documentation, and
right of way acquisition services) are not eligible for reimbursement with federal
funds.
d. Make periodic payments to the consultant for preliminary engineering for the Project
and request reimbursement from the Department. Reimbursement requests should be
submitted, at minimum, every three (3) months and not more than once per month.
e. Prepare the necessary environmental documentation as required by FHWA and
conduct any required public involvement meetings and public hearings.
f. Ensure that the plans and specifications comply with the Americans with Disabilities
Act (ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations,
including airport clearance when necessary, for the type of work involved.
g. Before acquiring property or relocating utilities, contact the Department's Right of
Way Division to obtain the procedures for acquiring right-of-way and adjusting
utilities in compliance with federal regulations. NOTE: Failure to notify the
Department prior to initiating these phases of work may result in all project
expenditures being declared non -participating in federal funds.
h. Acquire property in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (commonly referred to as the
"Uniform Act"), and request reimbursement from the Department
i. Ensure the preparation of utility adjustment and right-of-way plans are in accordance
with Arkansas State Highway Commission Policy.
j. Provide a copy of the registered deed or other approved documentation and an
appropriate certification stating the City's clear and unencumbered title to any right-
of-way to be used for the Project (See Attachment L). NOTE: Any property that is
to become Department right-of-way must be acquired in the Highway
Commission's name.
k. Submit plans at 10%, 30%, 60%, and 90% completion stages for Department review.
1. Submit a certification letter (Attachment D), including all items noted, to the
Department when requesting authority to advertise the Project for construction bids.
m. Advertise for bids in accordance with federal procedures as shown in Attachment E.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
-3-
n. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
o. After bids are opened and reviewed, submit a Certification Letter Requesting
Concurrence in Award (Attachment F), including all items noted, to the Department.
p. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction
meeting with the Contractor and invite the Department's Resident Engineer assigned
to the Project.
q. Make periodic payments to the consultant for construction engineering for the Project
and request reimbursement from the Department. Reimbursement requests should be
submitted, at minimum, every three (3) months and not more than once per month.
r. Make payments to the contractor for work accomplished in accordance with the plans
and specifications and approved by the Department. Then request reimbursement
from the Department on the Construction Certification and Reimbursement Request
(CCRR) form (Attachment G). Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
s. Attach LPA Report of Daily Work Performed (Attachment H) for all days that
correspond with each CCRR submittal.
t. Prior to executing the work, submit construction contract change orders to the
Department's Resident Engineer in charge of reimbursements for review and
approval.
u. Be responsible for any increased costs resulting from desired revisions in project
scope that exceed typical highway design criteria, whether during the design phase or
during construction as a change order.
v. Upon completion of the Project, hold a final acceptance meeting for the Project and
submit the LPA Final Acceptance Report form certifying that the Project was
accomplished in accordance with the plans and specifications (Attachment I). This
form must be signed by the engineer performing construction inspection on the
Project, the Department's Resident Engineer assigned to the project, the City's full-
time employee in responsible charge, and the City's Mayor.
w. Upon completion of these improvements to Highway 112, accept ownership and
responsibility of the portion of Highway 112, Section 1 between Highway 112 Spur
(Wedington Drive) and the northbound ramps of Interstate 49.
3. Notify the Department in writing who the City designates as its full-time employee to be in
responsible charge of the day to day oversight of the Projects (Attachment M). The duties
and functions of this person are to:
• Oversee project activities, including those dealing with cost, time, adherence to contract
requirements, construction quality and scope of Federal -aid projects;
• Maintain familiarity of day to day project operations, including project safety issues;
• Make or participate in decisions about changed conditions or scope changes that require
change orders and/or supplemental agreements;
• During construction, visit and review the project on a daily basis;
• Review financial processes, transactions and documentation to ensure that safeguards are
in place to minimize fraud, waste, and abuse;
J
• Direct project staff, City or consultant, to carry out project administration and contract
oversight, including proper documentation;
• Be aware of the qualifications, assignments and on-the-job performance of the City and
consultant staff at all stages of the project.
4. Maintain accounting records to adequately support reimbursement with Federal -aid funds
and be responsible for the inspection, measurement and documentation of pay items, and
certification of all work in accordance with the plans and specifications for the Projects and
for monitoring the Contractor and subcontractor(s) for compliance with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements.
5. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or
incidental to the construction of said work or used in the course of said work including but
not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and
368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof.
6. 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.
7. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Attachment N).
8. Grant the right of access to the City's records pertinent to the Projects and the right to audit
by the Department and Federal Highway Administration officials.
9. Be responsible for 100% of all project costs incurred should the Project not be completed as
specified.
10. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Attachment O), which is necessary for Project participation.
11. Repay to the Department the federal share of the cost of any portion of the Projects if, for any
reason, federal participation is removed due to actions or inactions of the City, its agents, its
employees, or its assigns or the City's consultants or contractors or their agents. Such actions
or inactions shall include, but are not limited to, federal non -participation arising from
problems with design plans, specifications, construction, change orders, construction
inspection, or contractor payment procedures. The City understands and agrees that the
Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax
allotment should the City fail to pay to the Department any required funds, fail to complete
the Project as specified, or fail to adequately maintain or operate the Projects.
12. Be responsible for all costs not provided by the Federal Highway Administration or the
Department.
13. Repay to the Department the federal share of the cost of this project if for any reason the
Federal Highway Administration removes federal participation.
-5-
14. Retain total, direct control over the Projects throughout the life of all project improvements
outside of the Department's right-of-way and not, without prior approval from the
Department:
• sell, transfer, or otherwise abandon any portion of the Projects;
• change the intended use of the Projects;
• make significant alterations to any improvements constructed with Federal -aid funds; or
• cease maintenance or operation of a project due to the Project's obsolescence.
15. Be responsible for satisfactory maintenance and operation of all improvements and for
adopting regulations and ordinances as necessary to ensure this. Failure to adequately
maintain and operate the Projects in accordance with Federal -aid requirements may result in
the City's repayment of federal funds and may result in withholding all future Federal -aid.
16. Submit to the Department a Single Audit in accordance with the Office of Management and
Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of
Federal -aid from any federal source including, but not limited to, the U.S. Department of
Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The
$500,000 threshold is subject to change after OMB periodic reviews.
17. Complete and transmit to the Department both pages of the Federal Funding Accountability
and Transparency Act (FFATA) Reporting Requirements (Attachment P).
18. Agree to promptly refund to the Department in full any and all revenue paid by the
Department based upon claims adjudicated by the Arkansas Claims Commission or other
legal forum sustained on account of the operations or actions of the City, including any act of
omission, neglect or misconduct of the City. This obligation survives the termination or
expiration of this Agreement.
THE DEPARTMENT WILL:
1. Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave.
(Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North
Street and from Leroy Pond Drive to the beginning of Job 040582:
a. Be responsible for all funding beyond the City's share of Job 040582, except for any
increases in cost resulting from changes in project scope proposed by the City.
b. Provide the funding necessary to overlay the segments of Highway 112. Costs will
be limited to those associated with the Department's typical overlay design.
c. Maintain an administrative file for the project and be responsible for administering
Federal -aid funds.
d. Provide environmental clearance for Highway 112 overlays.
e. Review final plans and specifications submitted by the City.
f. Ensure substantial compliance with federal contracting requirements through review
of the bidding proposal for inclusion of required federal forms, review of the
administration of the DBE program provisions, and general compliance with
23 CFR 635.
g. Advise the City when to proceed with advertisement of the Project for construction
bids.
h. Review and concur in award of the construction contract for the Project.
M
i. Ensure that the City and the City's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the City's
representatives and their consultant to verify that the work being performed by the
City's contractor, and documented and certified by the City, meets the requirements
of the Project plans, specifications, and all applicable FHWA and Department
procedures. The Department intends to perform these inspections, at a minimum,
when the construction work is approximately 10% and 50% completed. The
Department will also participate in the final inspection of the Project.
j. Review and approve any necessary change orders for project/program eligibility.
k. Be responsible for increases in project costs due to change orders for normal bid item
adjustments.
1. Reimburse the City 100% for eligible construction costs approved in the CCRR form
(Attachment I). This reimbursement will be limited to the funding available at the
time payment is requested. If the payment requested exceeds the funding available at
the time, the difference will be reimbursed as additional funds for the Project become
available.
m. Subject to the availability of funding allocated for the Project, pay the City the
remaining amount due upon completion of the Project and submittal of the certified
LPA Final Acceptance Report form (Attachment K).
n. Upon completion of these improvements to Highway 112, remove the portion of
Highway 112, Section 0 between Highway 16 (W. 15th Street) and Highway 112
Spur (Wedington Drive) from the State Highway System and transfer ownership and
responsibility to the City.
2. Be responsible for the following in relation to projects scheduled to widen Highway 112
between Poplar Street and Interstate 49:
a. Provide the City the amount of funding necessary for all phases of work to develop
and construct the typical design section for an urban state highway, as shown on
Attachment J, for this portion of Highway 112.
b. Evaluate the proposed typical design section versus the typical design section for an
urban state highway, as shown on Attachment J, and determine how any changes will
affect the estimated cost. City -requested changes to the typical design section that are
determined to be budget -neutral will not require additional funding from the City.
c. Maintain an administrative file for the project and be responsible for administering
Federal -aid funds.
d. Coordinate with the City to procure required professional services such as design
consultants, construction engineering and inspection consultants, and right of way
consultants.
e. Review environmental documentation as prepared by the City.
f. Review plans and specifications submitted by the City.
g. Reimburse the City 100% for eligible professional services, procured using
Department -approved procedures, upon review and approval of reimbursement
requests.
-7-
h. Notify the City when right-of-way and/or utility plans are approved and the City may
proceed with right-of-way acquisition and/or utility adjustments.
i. Ensure substantial compliance with federal contracting requirements through review
of the bidding proposal for inclusion of required federal forms, review of the
administration of the DBE program provisions, and general compliance with
23 CFR 635.
j. Advise the City when to proceed with advertisement of the Project for construction
bids.
k. Review and concur in award of the construction contract for the Project.
1. Ensure that the City and the City's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the City's
representatives and their consultant to verify that the work being performed by the
City's contractor, and documented and certified by the City, meets the requirements
of the Project plans, specifications, and all applicable FHWA and Department
procedures. The Department intends to perform these inspections, at a minimum,
when the construction work is approximately 10% and 50% completed. The
Department will also participate in the final inspection of the Project.
m. Review and approve any necessary change orders for project/program eligibility.
n. Be responsible for increases in project costs due to change orders for normal bid item
adjustments.
o. Reimburse the City 100% for eligible construction costs approved in the CCRR form
(Attachment G). This reimbursement will be limited to the funding available at the
time payment is requested. If the payment requested exceeds the funding available at
the time, the difference will be reimbursed as additional funds for the Project become
available.
p. Subject to the availability of funding allocated for the Project, pay the City the
remaining amount due upon completion of the Project and submittal of the certified
LPA Final Acceptance Report form (Attachment I).
q. Upon completion of these improvements to Highway 112, remove the portion of
Highway 112, Section 1 between Highway 112 Spur (Wedington Drive) and
Interstate 49 from the State Highway System and transfer ownership and
responsibility to the City.
IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may 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, or fail to adequately maintain or operate the Project, the Department may cause such
funds as may be required to be withheld from the City's Motor Fuel Tax allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this a day of
2017.
ARKANSAS DEPARTMENT OF
TRANSPORTATION
Ld, ��4
Scott E. Bennett, P.E.
Director
FAYETTEVILLE
Li veld Jordan
May
Kit WlJliams
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 Cartier 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/fitle VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/ITY 711), or the following
email address: j��anna.mctitddcn(iarduLaiw
Free language assistance for Limited English Proficient individuals is available upon request.
This notice is available from the ADA/504/fitle VI Coordinator in large print, on audiotape and in Braille.
Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR
Part 26 have the maximum 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 26 to ensure that DBEs 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 disadvantaged business enterprise affirmative action program, which the
recipient agrees to carry out, this program is incorporated into this financial assistance
agreement by reference. 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 26, Subpart F, 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.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and
26.107 shall substitute 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 recipient deems appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
Project Information
Job Number Description eng Phase,;,*z Total Coet
Maple Street - North Street
0.47
Const + CENG
247,500
040582
Razorback Road - Garland Avenue
0.37
Utilities
640,882
Construction
4,250,000
CENG (10%)
425,000
Sub -Total
5,315,882
Leroy Pond Drive - North
0.54
Const +CENG
192,500
City Funds
I'S*A-<....(. -,. Match' ; I Total I
512,706
128,176
640,882
1,887,294
471,824
2,359,118
358,600
358,600
2,400,000
958,600
3,358,600
rr rrr
958,600
3,358,600
ESTIMATED ADDITIONAL STATE FUNDS
Additional Federal and State funding made available for
improvements if the City agrees to assume ownership and
maintenance of Hwy. 112. This amount will either be increased or
decreased based on the lowest responsive bid received that is
awarded to contract. This amount does not represent a minimum
or maximum of funding made available for the project.
Federal Match Total
198,000
49,500
247,500
1,512,706
378,177
1,890,883
53,120
13,280
66,400
1,565,826
391,457
1,957,283
154,000
38,500
192,500
Note: Job 040582's construction cost estimate is based on the current design. City funds are capped at $3,358,600 in STP-A and matching funds. AHTD is committed to providing the full amount of gap funding necessary foi
Job 040582, contingent upon receiving a responsive bid that is within an acceptable range of the engineer's estimate. The City of Fayetteville will revise the current design to incorporate some desired changes.
Funding for any increases in scope will be the responsiblity of the City and will be added to the $3,358,600 cap amount. Once the project is let to contract, an increase in cost due to added scope will be the
responsibility of the City. An increase in cost due to normal change in conditions will be the responsibility of the Department.
AHTD is committed to providing funds for the overlay projects using our basic design standards. Funding for any increases in scope will be the responsiblity of the City and be added to the $3,358,600 cap amount.
\\CSD1\StatRpt\P&C-DIV\_LFPA\Programs\Partnering\_Fayetteville_040582_Hwy1121mpvts&RouteDrop\Atlachments\B-Fayetteville_040582_Hwy. 112 Fayetteville Funding Breakdown.xlsx Attachment B
Attachment C
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECTS
1) FHWA-1273
Each set of contract documents shall include FHWA-1273, "Required Contract Provisions,
Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273.
Copies of FHWA-1273 and supplements will be provided by the Department.
2) Anti -Collusion and Debarment Certification
The certification shall either be in the form of an affidavit executed and sworn to by the bidder
before a person who is authorized by the laws of the State to administer oaths or in the form of
an unsworn declaration executed under penalty of perjury of the law of the United States. The
required form for the Anti-Collusion.and Debarment Certification will be provided by the
Department. The certification includes:
Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or
corporation submitting the bid certifying that such person, firm, association, or corporation
has not, either directly or in -directly, entered into any agreement, participated in any
collusion, or otherwise taken any action, in restraint of free competitive bidding in
connection with the submitted bid.
Debarment - A statement regarding debarment, suspension, ineligibility and voluntary
exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29).
Failure to submit the executed Certification as part of the bidding documents will make
the bid nonresponsive and not eligible for award consideration.
3) Lobbying Certification
This certification is required by 49 CFR 20. The form for this certification will be provided
by the Department.
4) Davis -Bacon Pre -determined Minimum Wage Rates
Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located
within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage
rates will be provided by the Department.
Attachment D
CERTIFICATION LETTER
REQUESTING AUTHORITY TO ADVERTISE FOR BIDS
DATE
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P.O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
Re: Job #
Job Name
County
The following documents are submitted concerning the referenced project:
1. One reproducible set of plans and specifications.
2. A copy of the engineer's estimate of cost.
3. Copies of any technical specifications or special provisions.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the
plans and specifications comply with the Americans with Disabilities Act (ADA), the American
Association of State Highway and Transportation Officials (AASHTO) design standards, and all
other applicable state and federal regulations, including airport clearance when necessary, for the
type of work involved.
I understand that if any project items are declared non -participating in federal funds due to
failure to comply with any State or federal requirements, the City will promptly repay such funds
to the Arkansas Department of Transportation (ArDOT). Further, I hereby authorize the Director
of the Arkansas State Department of Finance and Administration to transfer such funds from the
City's gasoline tax allotment to the ArDOT's RRA Fund upon notification by the Director that
such funds are due ArDOT and have not been paid by the City.
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(City's CEO)
Enclosures
Attachment E
GUIDELINES FOR ADVERTISING AND OPENING BIDS
FEDERAL -AID PROJECTS
Upon receipt of written authorization from the Arkansas Department of Transportation, the
project may be advertised for bids. The following minimum guidelines for advertising must be
met:
• The minimum advertising period is three weeks.
• . In addition to meeting the State requirements for advertising for construction projects, the
project must be advertised a minimum of two times in a statewide newspaper.
• The notice must contain: (1) the time, date, and place that sealed bids are to be accepted,
opened, and publicly read; (2) a brief description of the kind or type of work contemplated;
and (3) the place at which prospective bidders may obtain plans and specifications.
• The City will include the following language in the solicitation for bids:
"The City hereby notifies all bidders that this contract is subject to applicable labor
laws, non-discrimination provisions, wage rate laws and other federal laws
including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962
and Title VI of the Civil Rights Act of 1964 also apply."
• All bids received in accordance with the terms of the advertisement shall be publicly opened
and at a minimum, the total amount bid must be read (the City may choose to read the bids
item by item).
• If any bid received is not read aloud, the name of the bidder and the reason for not reading
the bid aloud shall be publicly announced at the letting.
• In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and
licensing contractors must be approved by the Federal Highway Administration.
• Negotiation with contractors during the period following the opening of bids and before
the award of the contract is not permitted.
Attachment F
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
DATE
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
Re: Job #
Job Name
County
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with the
regulations governing Federal -aid projects and all other applicable state and federal regulations,
and that this process has been reviewed and approved by the City Attorney. Additionally, I
certify that the bid is being awarded to the lowest responsive and qualified bidder and that there
has not been, nor will there be, any negotiations with the contractor or other bidders regarding the
amount bid.
Your concurrence in the award of this contract to CONTRACTOR is requested.
Sincerely,
Mayor
City Attorney
Enclosures
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
Revised: 7/25/17
PAGE 1 OF 2 PAGES
Job No.:
Payee/City: DATE:
FAP:
address
County:
PAY REQUEST #
Job Name.:
Federal Tax ID No.: FROM:
1 Original Contract Amount
2 Net Changes by Change Orders
3 Present Contract Total
4 Work Completed to Date
5 Previous Reimbursements
6 Amount Due this Estimate
(subtract Line 5 from Line 4)
• ' L'
Total changes previously approved
ADDITIONS
DEDUCTIONS
Total approved this Request Period
TOTALS
NET CHANGES by Change Order
(Line 2 above)
By:
Title:
By:
Title:
UU6
The information provided in this document is true and correct and I
recommend that payment be made to the Contractor for this work.
Date:
Payment is requested from the Arkansas Department
of Transportation for the Amount Due. I certify that the
Contractor and/or subcontractor(s) are complying with the provisions
of FHWA-1273, Required Contract Provisions, Federal -aid Construction
Contracts, and Supplements; that the work has been completed by the
Contractor in accordance with the plans and specifications; and that
the Contractor has been paid for this work.
Date:
DEPARTMENT USE ONLY
Recommended for Payment in Approved for Payment PAID
Accordance with Project Agreement
Resident Engineer
State Construction Engineer
Voucher No.
Date:
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
JOB NUMBER:
FAP:
JOB NAME:
CITY:
REQUEST NO:
FROM:
CONTRACTOR:
Revised: 3/13/17
PAGE 2 OF 2 PAGES
DATE:
TO:
A
B
C
D E
F
G
H
I
ITEM
NO.
DESCRIPTION OF WORK
SCHEDULED
VALUE
WORK COMPLETED
MATERIALS
PRESENTLY
STOCKPILED
NOT IN D or E
TOTAL
COMPLETED &
STOCKPILED
TO DATE D+E+F
%
COMPLETED
(G _ C)
BALANCE ,
TO FINISH
(C - G)
PREVIOUS
REQUESTS
THIS PERIOD
GRAND TOTALS
Attachment G
COPS' OF CITY'S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORD
Attachment H
CITY
LPA Report of Daily Work Performed
Job Name: Job No.:
FAP No.: Contractor:
Date: Hours Worked: — Report No.:
Site Conditions
Useable
Partly Useable
Not Useable
Min Temp. (F)
Max Temp. (F)
Comments
Project Conditions
Weather
Sunny
Partly Cloudy
Rain
Rainfall Amt. (in.)
Number of Contractor's
Personnel
Laborers
Carpenters
Concrete Laborers
Equip. Operators
Electricians
Plumbers
_ Foreman
Other
Other
Location and Description of Work Performed
Special Instructions and/or Conversations
Signed:
Designated Full-time Employee
Attachment I
CITY
LPA Final Acceptance Report
Job Name:
Date:
Job No:
FAP No:
County:
Route:
Contractor:
Date Work Began:
Date Work Completed:
Attendees:
Remarks:
Project Completed in Substantial
Compliance with Plans and Specifications
and Recommended for Final Acceptance by
City
Recommended for Acceptance in
Accordance with Project Agreement
Engineer
ArDOT Resident Engineer
Project Recommended for Acceptance
Designated Full-time Employee:
I certify that the Contractor and/or subcontractor(s) have complied with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements; that the project has been completed by the Contractor in accordance with
the plans and specifications; that the Contractor has been paid for this work, and the
project is hereby accepted.
CITY's CEO
7
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TYPC4 SECTWS OF WRO W11
E
i
' CON �-w
II'-0" LANE
I
II-0" LANE 12'-0" TURN LANE II'-0" LANE
II'-0" LANE CON
- OL
(4" U.T.) SOD
PROM
500 la" U. T.I QPE
0.02'/'
%X"
0.02'/' 0.02',
�i(SLOP C.C.C.& C. - -
- - C.C.C.& C.
(TYPE Alp'-6")
0.02'/' 0.02'/'
(TYPE A)U.-6")
HWY.XXX-FULL DEPTH
C.C.C. & G. LT. & RT.
TYPICAL SECTIONS
OF IMPROVEMENT
Attachment J
Attachment K
LOCAL AGENCY
CONSULTANT SELECTION PROCEDURES
Section I — Application
These procedures apply to federally funded contracts for engineering and design
services for projects. The federal laws and regulations that govern the procurement of
engineering and design related services with Federal -aid highway funds are:
• 23 U.S.C. 112 "Letting of contracts".
• 23 CFR 172 "Administration of Engineering and Design Related Service
Contracts",
• 49 CFR 18 "Uniform Administration Requirements for Grants and
Cooperative Agreements to State and Local Governments" or more
commonly known as the "Common Rule",
• 40 U.S.C. Chapter 10 Subchapter VI, paragraphs 541-544 or commonly
called the "Brooks Act".
In accordance with the above federal laws and regulations, the Arkansas
Department of Transportation (ArDOT) has approved these procedures for use by the
Local Agency for the "competitive negotiation" method of procurement as defined in 23
CFR 172.5, Methods of Procurement.
The Local Agency will use these procedures for Federal -aid contracts and may
elect to use them for non -Federal -aid contracts.
These procedures do not apply to design -build Contracts.
Section II — Advertisement for Letters of Interest (11-0Is).
The Local Agency may employ a consultant engineering firm when a need exists
for engineering services and it is in the Local Agency's best interest to employ an
engineer or engineering firm.
As a minimum, the Local Agency will advertise in a statewide newspaper, the
ArDOT's website and the Local Agency's website (if available), advising that consultant
engineering services are being sought. In addition, the Local Agency may advertise in
appropriate national trade magazines or websites for specialized services. Interested
firms must furnish a Letter of Interest with primary contact information and Architect -
Engineer Qualifications Standard Form 330 Parts I and II. The advertisement will be
for either a specific single project, a group of projects, or for an indefinite delivery of
projects to be determined at a later date with specific task orders issued for each
project.
Attachment K
When the Local Agency advertises a specific project, the advertisement will
describe the work in general terms so that firms may evaluate their interest in
performing the desired services.
When the Local Agency advertises a group of projects, a general description of
work will be furnished. Firms will be asked to specify the projects they are interested in
performing. When the Local Agency decides to proceed with a certain project, those
firms having expressed interest in that project will be considered for selection.
When the Local Agency advertises for an indefinite delivery of projects with later
specified task orders, the advertisement will include a general description of work for the
project tasks.
Section III — Selection Committee.
The Local Agency will designate a Selection Committee (Committee) to evaluate
and analyze the LOIs and Proposals.
Section IV — Evaluation of LOIs.
The Committee will evaluate each consultant firm based on the following:
No.
Evaluation Factors for LOIs
Maximum Points
Possible
Professional staff including the education, experience,
1
number of personnel available, and any partnerships
10
with sub -consultants
General and professional reputation, including
2
responsiveness to civil rights and equal employment
10
opportunity requirements and opportunities
3
Past work performance
10
4
Experience with projects of a similar nature as those
10
advertised
Total Points for LOI
40
Following their review, the selection committee will prepare a short list of
engineering firms and recommend to the Local Agency that these firms submit detailed
proposals for further evaluation.
Section V — Request for Proposal (RFP).
The Local Agency will prepare a scope of work statement and request proposals
from the engineering firms on the short list. For projects with FHWA oversight, the
Local Agency will forward the scope of work statement to ArDOT to forward to FHWA
for review and approval before soliciting RFPs. A Local Agency's scope of work will
typically include the following:
2
Attachment K
1. A detailed description of the work
2. Services that will be furnished by the Local Agency
3. Services expected of the consultant
4. Project conditions of the work
5. Special conditions of the work
6. Assurance of participation of Disadvantaged Business Enterprises
(DBE) in Federal -aid projects. The Local Agency may establish a DBE
goal of a certain percentage of the work for DBE's to assure DBE's
participation in Federal -aid projects. When a DBE goal is specified,
the Local Agency will ensure that a certified DBE(s) performs the
identified engineering work and that the payments to the DBE(s) verify
that the goal was reached. The establishment of a DBE goal does not
preclude a DBE from being the prime consultant for the project.
The short-listed firms should submit proposals that contain the following:
1. A cover letter with primary contact information
2. A detailed work plan that identifies the major tasks of work
3. A list of major concerns associated with completing the work
4. A detailed work schedule for specific projects as requested
5. A manpower estimate for specific projects as requested
6. Updated Standard Form 330 Parts I and II if necessary
The Committee will review the proposals with particular attention to the following
evaluation factors and the consideration of Section IV. The evaluation factors and
their relative importance will be listed in the RFP if any of the factors are different from
the list below.
No.
Evaluation Factors for Proposals
Maximum Points
Possible
1
Obvious indication that the scope of work is clearly
understood
10
2
Comprehensive, coherent, and detailed work plan
10
3
1 Realistic work schedule when applicable
10
4
Proposed working office location, need for a local
5
office, and any local representative*
5
Identification of sub -consultants and responsiveness to
DBE goals and opportunities
5
6
Total Points for LOI
40
Total Points for Proposals
80
*Locality preference may be used on a project by project basis where it is not based on political
boundaries.
Based on these various items, the Committee will rank the firms in order of
preference and submit the list to the Local Agency who will either:
1. Select one firm to enter negotiations with;
3
Attachment K
2. Select multiple firms for an indefinite delivery contract; or
3. Select two or more firms to interview (a firm may present additional
information concerning their proposal at the interview). After the
interviews, the Committee will re-evaluate the firms based on the
interview and the same evaluation factors as noted previously. The
ranked list will be submitted to the Local Agency for review and final
selection.
The contract file will contain records of the rankings and supporting data;
however, the rankings will not be public information. Copies of the LOI advertisement,
the rankings, and supporting data shall be submitted to ArDOT for the contract file.
Section VI — Negotiation and Contract Preparation.
Once a firm is selected for negotiation for a specific job or a group of projects, it
will prepare a draft contract including a cost estimate for the project. The other firms on
the short list will be advised of the firm selected, subject to successful negotiations.
More than one firm may be selected for an indefinite delivery contract. The
contract will establish a maximum cost for the contract as well as an expiration date. As
individual task orders are issued, individual task order cost estimates will be negotiated.
The selected firm will prepare a draft contract based on a sample contract
furnished by the ArDOT. In accordance with the principles of 23 CFR 172, the draft
contract must include an overhead rate that is approved by the ArDOT. The overhead
rate shall be verified by an audit by a certified public accountant on behalf of the
consultant if the contract exceeds $250,000. If the contract is less than $250,000, the
overhead rate shall also be verified by an audit by a certified public accountant on
behalf of the consultant if at least one of the following conditions applies:
1. when there is insufficient knowledge of the consultant's accounting
system;
2. when there is previous unfavorable experience regarding the reliability
of the consultant's accounting system; or
3. when the contract involves procurement of new equipment or supplies
for which cost experience is lacking.
Pursuant to this requirement, the ArDOT will notify the Local Agency if an audit
by a certified public accountant for the selected firm is necessary. The certified audit
needs to be provided by the selected firm prior to the submission of the final draft
contract.
The Local Agency will review the draft contract proposal and either approve it as
submitted or enter into negotiations with the selected firm to establish a contract and
contract amount that the Local Agency deems is fair and reasonable. If a satisfactory
contract cannot be negotiated with the selected firm, negotiations will be formally
terminated. The Local Agency will then enter into negotiations with the second ranked
firm. If negotiations with that firm fail, the Local Agency will formally terminate those
0
Attachment K
negotiations and begin to negotiate with the third ranked firm, and so on. If the Local
Agency cannot negotiate a satisfactory contract with any of the firms on the short list,
the Local Agency shall either:
1. Request proposals from additional firms who have submitted LOIs and
are considered competent and qualified, evaluate and rank the firms
based on the criteria described in Section V; and continue the
negotiation process, or
2. Terminate all negotiations and begin the selection process again.
When the Local Agency and the consultant agree on a negotiated contract, the
consultant will prepare a final draft and submit it to the Local Agency and ArDOT for
review. After review and a determination that it is acceptable, the consultant will sign
the contract. The Local Agency will then execute the contract. The contract will
subsequently be submitted to ArDOT for final review and approval. When approved,
copies of the signed contract will be distributed within the Local Agency and to the
consultant.
For projects with FHWA oversight and for indefinite delivery contracts utilizing
federal funds, the ArDOT will forward the initial and final drafts of the contract to FHWA
for review and comment. The FHWA approves the final executed contract by stamp
and signature and retains a copy.
After the Local Agency executes an indefinite delivery contract, it will assign
specific projects by task order for the duration of the contract period. The consultant will
prepare each task order based on the scope of work furnished by the Local Agency.
The task order will include a manpower estimate and cost. The Local Agency will
review the task order and approve it as submitted or negotiate with the consultant to
establish a task order and task order amount that the Local Agency deems is fair and
reasonable. After review and a determination that the task order is acceptable, the
consultant will sign the task order. The Local Agency will execute the task order. The
task order will subsequently be submitted to ArDOT for final review and approval. When
approved, copies of the signed task order will be distributed within the Local Agency
and to the consultant. For projects with FHWA oversight, the ArDOT will forward the
initial and final drafts of the task order to FHWA for review and comment. The FHWA
approves the final executed task order by stamp and signature and retains a copy.
Section VII — Monitoring the Contract.
The. Local Agency may identify staff members as key liaisons for specific projects
or for technical matters during the administration of the contract period.
The Local Agency will:
1. Maintain the contract files.
2. Arrange and attend periodic progress meetings.
3. Coordinate reviews and approval actions with other agencies when
necessary.
5
Attachment K
4. Review progress payments.
5. Coordinate questions from the consultant.
6. Negotiate any change or amendment to the contract and submit to
ArDOT for review and approval.
7. Prepare an evaluation of the consultant's performance after completion
of the contract. A copy of the evaluation shall be submitted to the
ArDOT.
Section Vill — Consultant Liabili
The Local Agency will include a contract requirement that the consultant will
warrant that all services and work products provided as part of the contract are free
from defects in workmanship at the time of acceptance and that the work conforms to
the requirements of the contract. This warrant is effective regardless of the degree of
inspection and acceptance by the Local Agency or others.
If the consultant is required to correct or re -perform any work or services, the
work will be performed at no cost to the Local Agency, and any work or services
corrected or re -performed by the consultant shall also be warranted that it is free from
defects in workmanship. If the consultant fails or refuses to correct or re -perform, the
Local Agency may, by contract or otherwise, correct or replace the deficient items or
services with similar work or services, and charge the cost to the consultant or make an
equitable adjustment in the consultant's reimbursement.
Acceptance is an act of an authorized representative of the Local Agency by
which the Local Agency approves specific services, as partial or complete performance
of the contract. Correction is the elimination of a defect.
n.
Attachment L
CITY LETTERHEAD
JOB NUMBER
JOB DESCRIPTION
COUNTY
Title to the right of way necessary for the construction of this project has been acquired, or will be
acquired, in accordance with applicable Federal Highway Administration procedures.
1 indicate total number in each category here. Delete any categories not used in this job.
Tract(s)
Options(s)
_ Paid
Donation(s)
Negotiation Pending* - include tract number(s) and statement: "It is anticipated that
this/these tract(s) will be acquired by (date). "
Condemnation(s) — (include Order of Possession date or date the Court Order was filed)
Condemnation(s) Pending* - include tract number(s) and anticipated filing date
* If applicable
jdelete the statement in each pair that does not apply
There are no displacees on this project.
-Or-
Relocation Assistance has been provided in accordance with applicable Federal Highway
Administration procedures and all displacees have moved from this project. There was/were #
displaced (residence W/business(es)/personal property/etc) on the project.
There are no structures located within the right of way area.
-Or-
All structures have been removed from this project, except for those to be included as demolition
items in the highway contract.
No conflicting utilities are known to exist in the right of way area.
-Or-
Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status
Report.
There are no railroads involved on this project
-OR-
Tract(s) #_ shown above include(s) # (Permanent/Temporary Construction Easements) for
Railroad.
No right of way in excess of that needed for construction or future maintenance of this project was
acquired.
Certified by:
(Type name)
(Type title)
Date:
City Letterhead
(Designating Full -Time Employee
in Responsible Charge)
DATE
Mr. Jared D. Wiley
Division Engineer — Program Management
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Wiley:
Re: Job Name
County
Attachment M
The full-time employee in responsible charge of the day to day oversight for the referenced
project will be (insert employee's name). This letter certifies that the employee is aware of the
duties and functions they are in charge of as outlined in the Agreement of Understanding. They
can be contacted at (insert phone number) or at (insert email address).
Sincerely,
NAME & OFFICE
(City's CEO)
Attachment N
49 CFR 18.42
UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
Post -Award Requirements
Retention and access requirements for records.
(a) Applicability. (1) This section applies to all
financial and programmatic records, supporting
documents, statistical records, and other records of
grantees or subgrantees which are:
(i) Required to be maintained by the terms of this
part, program regulations or the grant agreement, or
(ii) Otherwise reasonably considered as pertinent to
program regulations or the grant agreement.
(2) This section does not apply to records maintained
by contractors or subcontractors. For a requirement to
place a provision concerning records in certain kinds of
contracts, see Sec. 18.36(i)(10).
(b) Length of retention period. (1) Except as
otherwise provided, records must be retained for three
years from the starting date specified in paragraph (c) of
this section.
(2) If any litigation, claim, negotiation, audit or other
action involving the records has been started before the
expiration of the 3-year period, the records must be
retained until completion of the action and resolution of
all issues which arise from it, or until the end of the
regular 3-year period, whichever is later.
(3) To avoid duplicate recordkeeping, awarding
agencies may make special arrangements with grantees
and subgrantees to retain any records which are
continuously needed forjoint use. The awarding agency
will request transfer of records to its custody when it
determines that the records possess long-term retention
value. When the records are transferred to or maintained
by the Federal agency, the 3-year retention requirement
is not applicable to the grantee or subgrantee.
(c) Starting date of retention period--(1) General.
When grant support is continued or renewed at annual
or other intervals, the retention period for the records of
each funding period starts on the day the grantee or
subgrantee submits to the awarding agency its single or
last expenditure report for that period. However, if grant
support is continued or renewed quarterly, the retention
period for each year's records starts on the day the
grantee submits its expenditure report for the last quarter
of the Federal fiscal year. In all other cases, the retention
period starts on the day the grantee submits its final
expenditure report. If an expenditure report has been
waived, the retention period starts on the day the report
would have been due.
(2) Real property and equipment records. The
retention period for real property and equipment records
starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or
subgrant support. In some cases grantees must report
income after the period of grant support. Where there is
such a requirement, the retention period for the records
pertaining to the earning of the income starts from the
end of the grantee's fiscal year in which the income is
earned.
(4) Indirect cost rate proposals, cost allocations
plans, etc. This paragraph applies to the following types
of documents, and their supporting records: indirect cost
rate computations or proposals, cost allocation plans,
and any similar accounting computations of the rate at
which a particular group of costs is chargeable (such as
computer usage chargeback rates or composite fringe
benefit rates).
(i) If submitted for negotiation. If the proposal, plan,
or other computation is required to be submitted to the
Federal Government (or to the grantee) to form the basis
for negotiation of the rate, then the 3-year retention
period for its supporting records starts from the date of
such submission.
(ii) If not submitted for negotiation. If the proposal,
plan, or other computation is not required to be
submitted to the Federal Government (or to the grantee)
for negotiation purposes, then the 3-year retention
period for the proposal plan, or computation and its
supporting records starts from the end of the fiscal year
(or other accounting period) covered by the proposal,
plan, or other computation.
(d) Substitution of microfilm. Copies made by
microfilming, photocopying, or similar methods may be
substituted for the original records.
(e) Access to records --(I) Records of grantees and
subgrantees. The awarding agency and the Comptroller
General of the United States, or any of their authorized
representatives, shall have the right of access to any
pertinent books, documents, papers, or other records of
grantees and subgrantees which are pertinent to the
grant, in order to make audits, examinations, excerpts,
and transcripts.
(2) Expiration of right of access. The right of access
in this section must not be limited to the required
retention period but shall last as long as the records are
retained.
(f) Restrictions on public access. The Federal
Freedom of Information Act (5 U.S.C. 552) does not
apply to records unless required by Federal, State, or
local law, grantees and subgrantees are not required to
permit public access to their records.
[Revised as of October 1, 1997]
Attachment 0
CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his knowledge and belief that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including sub grants, and
contracts and subcontracts under grants, sub grants, loans and cooperative
agreements) which exceed $100,000, and that all such sub recipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure. //
Peld Jordan
of Fayetteville
Attachment P
Federal Funding Accountability and Transparency Act (FFATA)
Reporting Requirements
(For more information go to https://www.fsrs.govo
FFATA was signed on September 26, 2006. The intent is to empower every American with
the ability to hold the government accountable for each spending decision. The end result is to
reduce wasteful spending in the government. The FFATA legislation requires information on
federal awards (federal financial assistance and expenditures) be made available to the public via
a single, searchable website, which is www.USASpending.gov.
A Prime Grant Recipient (hereinafter called ArDOT (the Arkansas Department of
Transportation)) awarded a new Federal grant greater than or equal to $25,000 as of
October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of
Management and Budget guidance issued August 27, 2010. ArDOT is required to file a FFATA
sub -award report for any sub -grant awarded to a sub-awardee greater than or equal to
25 000. As a sub-awardee, G'i r- V �% shall
provide the following information to ArDOT in order to fulfill FFATA reporting requirements:
A unique identifier (Dun & Bradstreet DUNS Number) of the sub-awardee receiving the
award and the parent entity of the recipient, should the sub-awardee be owned by another
entity;
The names and total compensation of the five most highly compensated officers of the
sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent
or more of its annual gross revenues in Federal awards; and $25,000,000 or more in
annual gross revenues from Federal awards; and the public does not have access to
information about the compensation of the senior executives of the sub-awardee through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See
FFATA § 2(b)(1).
Page 1 of 2
Attachment P
Required Sub-Awardee Information
(A) Sub-Awardee — DUNS Number: 07S�SrZ71
Parent (if applicable) — DUNS Number:
(B) In the preceding completed Federal fiscal year, did your business or organization (the legal
entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of
its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants,
and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from
U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative
agreements?
Yes / No (Circle one)
If "Yes" is selected, answer (C).
(C) Does the public have access to information about the compensation of the executives in your
business or organization (the legal entity to which the DUNS number entered above belongs)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
Yes / No (Circle one)
If "Yes" is selected, visit http://www.sec.gov/edgar shtml for reference.
If "No" is selected, answer (D).
(D) If "No" was selected in Question "C", complete the following information for the five (5)
most highly compensated executives in your business or organization (the legal entity to
which the DUNS number entered above belongs). Amount should reflect the Total
Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars.
Sub-Awardee Names and Compensation of Most Highly Compensated Officers
1. Name:
2. Name:
3. Name:
4. Name:
5. Name:
Amount: $
Amount: $
Amount: $
Amount: $
Amount: $
Page 2 of 2
ARKANSAS STATE HIGHWAY COMMISSION
MINUTE ORDER
District: Four Page I of 2 Pages
County: Washington
Category: Improvement Project -Arkansas Primary Highway Network (APHI)
WHEREAS, IN WASHINGTON COUNTY, the City of Fayetteville has
expressed interest in partnering with the Department for improvements to Highway 112 between
Leroy Pond Drive and Interstate 49 in Fayetteville; and
WHEREAS, Resolution No. 27-17 from the City of Fayetteville declares their
intention to dedicate up to $3,358,600 for improvements to Highway 112 between Leroy Pond
Drive and Interstate 49; and
WHEREAS, upon completion of the aforementioned improvements, the City of
Fayetteville agrees to assume ownership and responsibility for the portions of Highway 112,
Sections 0 and I between Highway 16 and Interstate 49 as shown on the attached sketch.
NOW THEREFORE, the Director is authorized to enter into the necessary
agreements with the City of Fayetteville and to proceed with these improvements.
Z:1P&C-DM PROJDEV\Programs\Partnering\Fayetteville_040582_MinuteOrder_]49-17-abreviated-$$ KT.docx
ARKANSAS STATE HIGHWAY COMMSSION
MINUTE ORDER
District: Four
County: Washington
Page 2 of 2 Pages
Category: Improvement Project -Arkansas Primary Highway Network (APW
FURTHERMORE, upon completion of these improvements and upon official
notification by the Deputy Director and Chief Engineer, the following changes are hereby to be
made to the State Highway System as shown on the attached sketch.
• The portion of Highway 112, Section 0, between Highway 16 and Highway 112
Spur is to be removed from the State Highway System.
• The portion of Highway 112,' Section 1, between Highway 112 Spur and
Interstate 49 is to be removed from the State Highway System.
• The portion of Highway 112, Section 0, between Highway 71 and Highway 16 is
to be redesignated as Highway 16, Section 3.
• Highway 112, Section 0 Spur is to be redesignated as Highway 16, Section 2 Spur.
Approved: 0/ i SubmiaedBT;
(✓/ Chairman
Assistant Chief Engineer - Planning
Vice -Chairman Approved:
ember
Director
Member Minute Order No
Member Date Passed
PM
Form 19456
Rev. 1/132016
F:1P&C-DM PROJDEV1Programs\Pmmc ing\Fayetteville 040582_Minute Order 1-19-17-abreviated-$$_KT.doex
TO SPRINGDALE
I I
� I
28
L �+ HIGHWAY 112, SECTION OS
TO BE REDESIGNATED AS
•'I HIGHWAY 16, SECTION 2S
h
2
a
N
Q
O
J
y
FARMINGTON
1
To be Removed
Re -Designated
62
ROUTE & SECTION
MILES
OLD
NEW
S.H. 112, SECTION 0
3.17
0.00
S.H. 112, SECTION 1
10.87
8.93
S.H. 112, SECTION OS
1.39
0.00
S.H. 16, SECTION 2S
0.00
1.39
S.H. 16, SECTION 3
18.60
1 19.52
TOTAL CHANGE
-4.19
1
FAYETTEVILLE
THIS PORTION OF
HIGHWAY 112, SECTION 1
TO BE REMOVED FROM THE
STATE HIGHWAY SYSTEM
THIS PORTION OF
HIGHWAY 112, SECTION 0
TO BE REMOVED FROM THE
STATE HIGHWAY SYSTEM
28 16 3
0 THIS PORTION OF
i I 112 HIGHWAY 112, SECTION 0
TO BE REDESIGNATED AS A
PART OF HIGHWAY 16, SECTION 3
0 26 )) i TO I-ao I
ghTD
0 0.5 1 Mile
SYSTEM INFORMATION & RESEARCH DIVISION 1-12-2017
AUTHORIZED BY ACTION OF
ARKANSAS STATE HIGHWAY COMMISSION
MINUTE ORDER NO.
nATF
EFFECTIVE DATE
APPROVED
O
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 27-17
File Number: 2016-0666
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING
AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD AND
GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112
BETWEEN 15TH STREET AND INTERSTATE 49 AS A CITY STREET.
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as follows:
1. The Department was responsible to fund and handle project development, which is complete. The
Department is also responsible for advertising, awarding the bid, and providing construction inspection.
2. The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly over
the City's budget; and
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
follows:
1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on
Attachment A to this Resolution. The Department will provide the gap funding needed to construct the
project.
Page 1 Printed on 1/4/17
Resolution: 27-17
File Number. 2016-0666
2. The City will revise the current design. However, any increase in the current scope that results in a
higher project cost will be the responsibility of the City and will be in addition to the cap amount of
$3,358,600.
3. The Department will advertise and award the project. The City may inspect the project. The
Department will inspect the project if requested by the City.
4. Once the project is let to contract, an increase in cost due to added scope by change order will be the
responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment will
be the responsibility of the Department.
5. The Department will fund the cost to overlay the segments from Maple Street to North Street and from
Leroy Pond Drive north to the beginning of Job 040582. The City may develop, advertise, award and inspect
the project. The Department will provide these services if requested by the City. Any additional scope items
to the Department's typical overlay design that add cost to this improvement will be the responsibility of the
City.
6. The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020 (STIP)
includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to
handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to
Interstate 49. The Department will provide the amount of funding necessary for all phases of work to
develop and construct the typical design section for an urban state highway as shown on Attachment B to
this Resolution. The cost of additional features outside of this standard scope that increase the total cost
beyond that of the typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume ownership
and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown on Attachment
C to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the City's
participation in this Partnering Agreement in accordance with its designated responsibilities in this project:
Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to execute all
appropriate agreements and contracts necessary to expedite the construction of this project.
Page 2 Printed on 114117
Resolution: 27-17
File Number. 2016-0686
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support and
hereby requests that the Arkansas State Highway and Transportation Department initiate action to
implement this project.
PASSED and APPROVED on 1/3/2017
Attest:
`va«'a:nsii �r
r
K•'•F
� q
Y •�F 5��}
Sondra E. Smith, City Clerk Treasures; o
'v° FAYETTEVILUP
a °
RkANS
AG EON We,,.�
Page 3 Printed on 114117
Proiect Information
Phrase I TOW Cost
Maple Street - North Street
0.47
Const +CENG
247,500
040582
Razorback Road - Garland Avenue
0.37
Utilities
640,88
Construction
4,250,000
CENG (10'ro)
425,000
Sub -Total
5,315,882
I."PondDrive - North 0.54
Const+CENG
192,500
Cfty Funds
8TM Match TOW
512,706
128,176
640,882
1,887,2U
471,824
2,359,118
358,6001
358,600
2,400,000
958,600
3,356.600
ct �
ESTIMATED ADDITIONAL STATE FUNDS
Additional Federal and State funding made available for
improvements the City agrees to assume ownership and
maintenance of Hwy.112. This amount will either be increased or
decreased tressed on the lowest responsive bid received that is
awarded to contrad. This amount does not represent a minimum
or maximum of funding made available for the project.
,I Federal I Match I TOW I
198,000
49,500
247,500
378.177
1.890,883
1,512,706
53,120
13,280
66,400
1,565.825
391,457
1,957,283
154,000
38,500
192,500
Note: Job 040582's construction cost estimate is based on the cu!rent design. Cry funds are capped at $3,358,600 in STP A and matching funds. AHTD Is committed to providing ftte full amount of gap funding necessary for
Job 040582. contingem upon receiving a responsive bid that is within an acceptable range of the engineers estimata The City of Fayetteville will revise the current design to incorporate some desired changes.
Funding for any increases in scope M1 be the responsiblity of the City and will be added to the $3.358,600 cap amount. Once the project is let to contract, an increase in cost due to added scope grill be the
responsibility of the City. An increase in cost due to normal change in conditions will be the resporsibility of the Department.
AHTD is committed to providing funds for the overly rt>jects using our basic design standards. Funding for any Increases In scope vAl be the responsiblity of the City and be added to the $3,358,600 cap amount.
► 1�sc +x•otwPRa aratbrffi .112FartWAiaFWft& kdo Lft Attachment A
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910141/e macri6ro oa
o0s)UNIVERSITY OF
. ARKAN SAS
Facilities Management
December 15, 2016
Chris Brown
City Engineer
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Dear Chris:
Per your request via attached email of Wednesday, December 14, 2016, the University of Arkansas (UA)
remains committed to our cost -sharing (10% City / 10% UA) on the required 20% local match on AHTD Job
#040582 Razorback Rd -Garland Ave (Highway 112) (Fayetteville).
This UA Commitment is on a not -to -exceed basis of $479,300 per the draft resolution and supporting
documents.
The UA remains committed to also working out an appropriate long-term agreement on current and future
maintenance for the roadway sections between 15`' Street and North Street / Wedington Drive. Our
maintenance efforts essentially commenced in 2002-2003 upon completion of the initial section of roadway
between Maple Street and North Street / Wedington Drive. They now include the entire length mentioned
above and for those specific areas covered which will be incorporated in our future agreement. Potential UA
areas in this future agreement to be covered include irrigation systems, tree maintenance, grass maintenance,
pedestrian light maintenance where they exist, core campus crosswalk maintenance, sidewalk maintenance and
related areas.
We look forward to our continued partnership as we complete this long -needed series of safety improvements
and physical changes to this critical link running through our campus and the larger community.
Sincerely,
M.R. Joh s n
Associate ice Chancellor for Facilities
Attachment: Email of 12/14/16 (w/attachments)
B125 Facilities Management • Fayetteville, AR 72701 •479-575-3851 • fama.uark.edu
The Universiry oJArka nsas is an equal oppormnlgvofrmative action institution.
iWo
F TRANSPORTATION
RECEIVED
JUL 27 2018
CITY
ITY OF OFFICE
�J
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear Mayor Jordan:
ARKANSAS DEPARTMENT OF TRANSPORTATION
AttDOT.gov 110rivoArkansas.com I Scott E. Bennett, P.E., Director
10324 Interstate 30 1 P.Q. Box 22611 Littie Rock,AR 72203-2261
Phone:501.569.2000 I Voice/TTY 7111 Fax:501S69.2400
RECEIVED
July 23, 2018 JUL 2 G 2018
CITY OF FAYE77EVILLE
MAYOR'S OFFICE
Re: Job 040582
F.A.P. STPU-9142(35)
Razorback Rd. -Garland Ave. (Hwy. 112)
(Fayetteville) (S)
Washington County
Hwy. 112, Sec. 0
Enclosed is your copy of the executed Supplemental Agreement to allow the City to
utilize a consultant engineering firm currently contracted with the Department for On -Call
Construction Engineering and Inspection services to perform these services for the referenced
proj ect.
If you have any questions, please contact Jared Wiley, Division Engineer — Program
Management, at (501) 569-2262.
Sincerely,
Y/4�O
1 Kevin Thornton
Assistant Chief Engineer — Planning
Enclosure
c: Deputy Director and Chief Engineer
Assistant Chief Engineer — Design
Assistant Chief Engineer — Operations
Construction
Consultant Contracts
Program Management
Transportation Planning and Policy
District 4
Job 040582 'C' File
Mr. Chis Brown, City of Fayetteville
U
SUPPLEMENTAL AGREEMENT 1
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
RELATIVE TO
Implementation of Hwy 112 Improvements between Highway 16 and Interstate 49 in
Fayetteville, Washington County (hereinafter called the "Projects"}.
WHEREAS, on September 19, 2017, the City of Fayetteville (hereinafter called "City") entered
into an Agreement of Understanding with the Arkansas Department of Transportation
(hereinafter called the "Department") to establish the roles and responsibilities associated with
the Projects; and
WMREAS, the original agreement stated that the City would provide construction engineering
and inspection services, and their associated costs, for the Job 040582, as one of the Projects; and
WHEREAS, the City has now requested to utilize a consultant engineering firm currently
contracted with the Department for On -Call Construction Engineering and Inspection services
(hereinafter called the "CE&I Consultant") for Job 040582; and
WHEREAS, the Department has agreed to this request, and has determined that the original
Agreement of Understanding must be modified; and
WHEREAS, depending on the price of the low bid on Job 040582, the cost of the CE&I
Consultant will be funded as follows:
• Should the bids come in at or above the Department's last construction cost estimate,
reflected in Attachment B; the Department will not adjust any of the available Federal -aid
funding for the project to cover the CE&I Consultant costs. The costs will need to be
paid for using 100% City funds.
• Should the bids come in below the Department's last construction cost estimate, reflected
in Attachment B; the Department will adjust the.Federal-aid share accordingly to make
those funds available to pay for CE&I Consultant costs. This adjustment will'be limited
by the maximum available Federal -aid displayed in Attachment B. The City will be
responsible for paying the required match to any Federal -aid made available for CE&I
Consultant costs and for any of these costs above the available Federal -aid funds.
NOW THEREFORE, BE IT UNDERSTOOD, the following modifications are made to the
original Agreement of Understanding:
1. Roles and Responsibilities of the City are modified as indicated below for Job 040582:
a. Add Item: Prior to starting construction of the Project, submit to the Department the
required funding for the estimated costs of the CE&I Consultant, in accordance with the
bidding scenarios provided previously. The City's final share of cost for this phase will
be determined by actual charges by the CE&I Consultant.
b. Modify Item "1(m)": Prior to issuing the notice to proceed to the Contractor, hold a
pre -construction meeting with the Contractor, the CE&I Consultant, and invite the
Department's Resident Engineer assigned to the Project.
c. ! E _
srele( l .4r 4ed n 1S4lW l-li7hlera�iqI -
2. Roles and Responsibilities of the Department are modified as indicated below for
Job 040582:
a. Add Item: Be responsible for issuing a task order to the CE&i Consultant chosen by the
City to provide the necessary services for Job 040582.
b. Add Item: Request the required matching funds from the City prior to executing a task
order with the CE&I Consultant, in accordance with the bidding scenarios provided
previously.
c. Add Item: Make periodic payments to the CE&I Consultant for their work on
Job 040582.
d. Add Item: Maintain accounting records to adequately support reimbursement with
Federal -aid funds and, be responsible for certification of all work in accordance with the
task orders and contracts.
IT IS HEREBY AGREED, all other conditions of the original Agreement of Understanding
will remain in effect.
IN WITNESS WHEREOF, the parties thereto have executed this Supplemental Agreement on
this day of. e 7 t t-)P� , 2018.
ARKANSAS DEPARTMENT OF
TRANSPORTATION
, Mff d.
Cott E. Bennett, P.E.
Director
City Attorney
ARKANSAS DE PART'fMFN 1' OF TRANSPORTATION
NOTICE OF NONDISCRIMINATION
The Arkansas Department of Transportation (Department) complies with all civil rights provisions or rederal 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 -
EEOlDBE (ADA(504lritle VI Coordinator), 11. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (VoiccM'Y 711), or the following
email address: icanna,mcLadden@nrdot.gov
ordot,gov
Free language assistance for Limited English Proficiem individuals is available upon request.
This notice is available from the ADAl504tridc VI Coordinator in large print, on audiotapc and in Braille.
-2-
Arkansas Department of Transportation (ArDOT) for the Highway 112 Partnering
Agreement - Res 27-17
Paul Libertine
Submitted By
City of Fayetteville Staff Review Form
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/11/2018
Submitted Date
Action Recommendation:
ENGINEERING (621)
Division / Department
Execution of Supplemental Agreement 1 to the Agreement of Understanding between the City of Fayetteville and
the Arkansas Department of Transportation (ArDOT) for the Highway 112 Partnering Agreement.
Account Number
06035.3500
Project Number
Budgeted Item?
Does item have a cost?
Budget Adjustment Attached?
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Yes
H41
me
Budget Impact:
Fund
Hwy 112 (Maple) Razorback to Garland
Project Title
Current Budget $
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 8,772.00
$ 224,7f9.00
�� 224,769.00
Previous Ordinance or Resolution #
Approval Date:
V20180321
27-17
LQ- I+ D -I X
CITY OF
FAYETTEVILLE
TO: Lioneld Jordan, Mayor
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Paul Libertini, Staff Enginee��
DATE: June 11, 2018
SUBJECT: Supplemental Agreement 1 - Hwy 112 Partnering Agreement
RECOMMENDATION:
Execution of Supplemental Agreement 1 to the Agreement of Understanding between the City of
Fayetteville and the Arkansas Department of Transportation (ArDOT) for the Highway 112
Partnering Agreement requiring the signatures of the City Attorney and the Mayor.
BACKGROUND:
City Council passed Resolution 27-17 on January 3, 2017, allowing the City to enter into a
partnering agreement with ArDOT far improvements to Highway 112 between Razorback Road
and Garland Ave. On September 19, 2017, the City executed the Agreement of Understanding
with ArDOT solidifying the details of the partnering agreement for Highway 112.
On June 1, 2018, the City received bids for the construction of this project. The lowest bidder was
approximately 1% above the Engineer's Estimate, and on June 51', City Council authorized
awarding the contract to Nabholz Construction, Inc. in the amount of $2,793,590.50.
DISCUSSION:
Since the bid was lower than the Department's last construction estimate, the Department is willing
to adjustlincrease the Federal -aid funding to pay for Construction Engineering and Inspection
Consultant services with a City match of 20%. The cost for these construction services were
originally at the City's expense. This supplemental agreement will modify the original agreement to
,allow the City to utilize the additional available Federal -aid funds.
BUDGET/STAFF IMPACT:
The City matching funds will be paid from the Transportation Bond Program.
Attachments:
Letter (06104/18) from Kevin Thornton, ArDOT w/ Supplemental Agreement 01
Agreement of Understanding
Resolution 27-17
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayettevilla-ar.gov
r
The Honorable Lioneld Jordan
Mayor of Fayetteville
H 3 West Mountain Street
Fayetteville, Arkansas 72701
Dear Mayor Jordan:
ARKANSAS DEPARTMENT OF TRANSPORTATION
AeDOtgov I IDriveArkansss.cam I Scott E. Sonnott, P.E., Director
cl 10324 Interstate 30 4 P.O. Box 22611 littte Ruck, AR 72203-2261
Phone 501.569Z000 1 Wce/TTY711 ( Fax:501.569.2400
June 4, 2018
Re: Job 040582
F.A.P. STPU-9142(35)
Razorback Rd. -Garland Ave
(Fayetteville) (S)
Washington County
Hwy. 112, Sec. 0
(Hwy. 112)
The Department has received the City's request to utilize a consultant engineering firm
currently contracted with the Department for On -Call Construction Engineering and Inspection
services to perform these services for the referenced project. The City's request is hereby
granted.
In order to proceed in this manner, the original Agreement of Understanding, executed on
September 19, 2017, for the partnering on Highway 112, must be modified. The enclosed
Supplemental Agreement must be signed by you and the City Attorney and returned to the
Department. A copy of the executed Supplemental Agreement will be returned to you.
If you have any other questions, please advise.
Sincerely,
AbtX:1,4 owvl;e-�
Kevin Thornton
Assistant Chief Engineer — Planning
Enclosure
c: Deputy Director and Chief Engineer
Assistant Chief Engineer — Design
Assistant Chief Engineer — Operations
Construction
Consultant Contracts
Program Management
Transportation Planning and Policy
District 4
Job 040582 'C' File
Mr. Chis Brown, City of Fayetteville
SUPPLEMENTAL AGREEMENT 1
BETWEEN
THE CITY OF FAYETTEVILLE
mull
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
RELATIVE TO
Implementation of Hwy 112 Improvements between Highway 16 and Interstate 49 in
Fayetteville, Washington County (hereinafter called the "Projects").
WHEREAS, on September 19, 2017, the City of Fayetteville (hereinafter called '`City") entered
into an Agreement of Understanding with the Arkansas Department of Transportation
(hereinafter called the "Department") to establish the roles and responsibilities associated with
the Projects; and
WHEREAS, the original agreement stated that the City would provide construction engineering
and inspection services, and their associated costs, for the Job 040582, as one of the Projects; and
WHEREAS, the City has now requested to utilize a consultant engineering firm currently
contracted with the Department for On -Call Construction Engineering and Inspection services
(hereinafter called the "CE&I Consultant") for Job 040582; and
WHEREAS, the Department has agreed to this request, and has determined that the original
Agreement of Understanding must be modified; and
WHEREAS, depending on the price of the low bid on Job 040582, the cost of the CE&I
Consultant will be funded as follows:
• Should the bids come in at or above the Departments last construction cost estimate,
reflected in Attachment B; the Department will not adjust any of the available Federal -aid
funding for the project to cover the CE&I Consultant costs. The costs will need to be
paid for using 100% City funds.
• Should the bids come in below the Departments last construction cost estimate, reflected
in Attachment B; the Department will adjust the Federal -aid share accordingly to make
those funds available to pay for CE&1 Consultant costs. This adjustment will be limited
by the maximum available Federal -aid displayed in Attachment B. The City will be
responsible for paying the required match to any Federal -aid made available for CE&I
Consultant costs and for any of these costs above the available Federal -aid funds.
NOW THEREFORE, BE IT UNDERSTOOD, the following modifications are made to the
original Agreement of Understanding:
Roles and Responsibilities of the City are modified as indicated below for Job 040582:
a. Add Item: Prior to starting construction of the Project, submit to the Department the
required funding for the estimated costs of the CE&I Consultant, in accordance with the
bidding scenarios provided previously. The City's final share of cost for this phase will
be determined by actual charges by the CE&I Consultant.'
RECEIVED
SEP 47 2018
CI Y CLERK'S UFF CE
b. Modify Item•"1(m)": Prior to issuing the notice to proceed to the Contractor, hold a
pre -construction meeting with the Contractor, the CE&I Consultant, and invite the
Department's Resident Engineer assigned to the Project.
c. Delete Item "1(o)":
.
2. Roles and Responsibilities of the Department are modified as indicated below for
Job 040582:
a. Add Item: Be responsible for issuing a task order to the CE&I Consultant chosen by the
City to provide the necessary services for Job 040582.
b. Add Item: Request the required matching funds from the City prior to executing a task
order with the CE&I Consultant, in accordance with the bidding scenarios provided
previously.
c. Add Item: Make periodic payments to the CE&I Consultant for their work on
Job 040582.
d. Add Item: Maintain accounting records to adequately support reimbursement with
Federal -aid funds and be responsible for certification of all work in accordance with the
task orders and contracts.
IT IS HEREBY AGREED, all other conditions of the original Agreement of Understanding
will remain in effect.
IN W WHEREOF, the parties thereto have executed this Supplemental Agreement on
this day of Mine , 2018. -
ARKANSAS DEPARTMENT OF
TRANSPORTATION
d. �-
y,y Cott E. Bennett, P.E.
Director
City'Attorney
AR1iANSAS DEPARTMENT OF TRANSPORTATION
NOTICE OF NONDISCRIMINATION
The Arkansas Department of Transportation (Department) complies with all civil rights provisions or federal statutes anti related authorities
that prohibit discrimination in programs and activities receiving falcral 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 activitics, 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 dead -
EEOlDBE (ADA1504fritle VI Coordinator), P. 0. Box 2261, Little Rock, AR 72203, (501) 569-2743, (Voice/TTY 711), or the following
email address: i=aI1n mcfadden(n)ardot Sov
Free language assistance for Limited English Proficient individuals is available upon request.
This notice is available from the ADA/SO4/ride vl Coordinator in large print, on audiotape and in Braille.
-2-
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
E
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
RELATIVE TO
Implementation of Highway 112 Improvements between Highway 16 and Interstate 49 in
Fayetteville, Washington County (hereinafter called the "Projects"). .
WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed interest in
partnering with the Arkansas Department of Transportation (hereinafter called the "Department")
for the Projects; and
WHEREAS, Resolution No. 27-17 from the City agrees to contribute $3,358,600 for the
Projects and to accept ownership and responsibility of the portions of Highway 112 between
Highway 16 and Interstate 49 upon completion of the improvements; and
WHEREAS, Arkansas State Highway Commission Minute Order 2017-012 has authorized the
Director to enter into the necessary partnering agreements with the City for the Projects; and
WHEREAS, it is understood that the City and the Department will adhere to the General
Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business
Enterprises (DBEs) (Attachment A) and that, as part of these requirements, the. Department may
set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and
related to the potential availability of DBEs in desired areas of expertise.
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. Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave.
(Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North
Street and from Leroy Pond Drive to the beginning of Job 040582:
a. Be responsible for $3,358,600 in project costs as shown in Attachment B for
Job 040582.
b. Be responsible for any increases in construction, right of way, or utility costs
resulting from changes in project scope proposed by the City.
c. Be responsible for any desired revisions to the current design of Job 040582, along
with associated engineering costs.
d. Be responsible for any costs resulting from inclusion of desired revisions in project
scope outside the Department's typical overlay design for the Highway 112 overlays.
e. Prepare plans, specifications, and a cost estimate for construction. A registered
professional engineer must sign the plans and specifications for the Project. (See
Attachment C for items to be included in the bid proposal.)
f
f. Understand that expenditures for work performed by the City's forces (including
preliminary and construction engineering, environmental documentation, and
right of way acquisition services) are not eligible for reimbursement with federal
funds.
g. Ensure that the plans and specifications comply with the Americans with Disabilities
Act (ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations,
including airport clearance when necessary, for the type of work involved.
h. Submit final plans for Department review.
i. Submit a certification letter (Attachment D), including all items noted, to the
Department when requesting authority to advertise the Projects for construction bids.
J. Advertise for bids in accordance with federal procedures as shown in Attachment E.
NOTE. FHWA authorization and Department approval must be given prior to
advertising for construction bids.
k. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
1. After bids are opened and reviewed, submit a Certification Letter Requesting
Concurrence in Award (Attachment F), including all items noted, to the Department.
m. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction
meeting with the Contractor and invite the Department's Resident Engineer assigned
to the Project.
n. Make payments to the contractor for work accomplished in accordance with the plans
and specifications. Then request reimbursement from the Department for costs
exceeding $2,359,118 on the Construction Certification and Reimbursement Request
(CCRR) form (Attachment G). Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
o. Provide construction engineering and inspection services, including associated costs,
for the Project.
p. Attach LPA Report of Daily Work Performed (Attachment H) for all days that
correspond with each CCRR submittal.
q. Prior to executing the work, submit construction contract change orders to the
Department's Resident Engineer in charge of reimbursements for review and
approval.
r. Be responsible for any increased costs resulting from desired revisions in project
scope, whether during the design phase or during construction as a change order.
s. Upon completion of the Project, hold a final acceptance meeting for the Project and
submit the LPA Final Acceptance Report form certifying that the Project was
accomplished in accordance with the plans and specifications (Attachment 1). This
form must be signed by the engineer performing construction inspection on the
Project, the Department's Resident Engineer assigned to the project, the City's full-
time employee in responsible charge, and the City's Mayor.
t. Upon completion of these improvements to Highway 112, accept. ownership and
responsibility of the portion of Highway 112, Section 0 between Highway 16
(W. 15th Street) and Highway 112 Spur (Wedington Drive).
-2-
2. Be responsible for the following in relation to projects scheduled to widen Highway 112
between Poplar Street and Interstate 49:
a. Be responsible for hiring a consultant engineering firm(s) in accordance with the
Local Agency Consultant Selection Procedures (Attachment K) to provide
engineering services which include environmental documentation, preliminary
engineering, and construction engineering for the Project. NOTE: FHWA
authorization and Department approval must be given prior to issuing a work
order to the consultant for federal funds to be allowed in this phase.
b. Prepare plans, specifications, and a cost estimate for construction. A registered
professional engineer must sign the plans and specifications for the Project. (See
Attachment C for items to be included in the bid proposal.)
c. Understand that expenditures for work performed by the City's forces (including
preliminary and construction 'engineering, environmental documentation, and
right of way acquisition services) are not eligible for reimbursement with federal
funds.
d. Make periodic payments to the consultant for preliminary engineering for the Project
and request reimbursement from the Department. Reimbursement requests should be
submitted, at minimum, every three (3) months and not more than once per month.
e. Prepare the necessary environmental documentation as required by FHWA and
conduct any required public involvement meetings and public hearings.
f. Ensure that the plans and specifications comply with the Americans with Disabilities
Act (ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations,
including airport clearance when necessary, for the type of work involved.
g. Before acquiring property or relocating utilities, contact the Department's Right of
Way Division to obtain the procedures for acquiring right-of-way and adjusting
utilities in compliance with federal regulations. NOTE: Failure to notify the
Department prior to initiating these phases of work may result in all project
expenditures being declared non -participating in federal funds.
h. Acquire property in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1470, as amended (commonly referred to as the
"Uniform Act"), and request reimbursement from the Department
i. Ensure the preparation of utility adjustment and right-of-way plans are in accordance
with Arkansas State Highway Commission Policy.
j. Provide a copy of the registered deed or other approved documentation and an
appropriate certification stating the City's clear and unencumbered title to any right-
of-way to be used for the Project (See Attachment L). NOTE: Any property that is
to become Department right-of-way must be acquired in the Highway
Commission's name.
k. Submit plans at 10%, 30%, 60%, and 90% completion stages for Department review.
1. Submit a certification letter (Attachment D), including all items noted, to the
Department when requesting authority to advertise the Project for construction bids.
m. Advertise for bids in accordance with federal procedures as shown in Attachment E.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
-3-
n. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
o. After bids are opened and reviewed, submit a Certification Letter Requesting
Concurrence in Award (Attachment F), including all items noted, to the Department.
p. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction
meeting with the Contractor and invite the Department's Resident Engineer assigned
to the Project.
q. Make periodic payments to the consultant for construction engineering for the Project
and request reimbursement from the Department. Reimbursement requests should be
submitted, at minimum, every three (3) months and not more than once per month.
r. Make payments to the contractor for work accomplished in accordance with the plans
and specifications and approved by the Department. Then request reimbursement
from the Department on the Construction Certification and Reimbursement Request
(CCRR) form (Attachment G). Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
s. Attach LPA Report of Daily Work Performed (Attachment H) for all days that
correspond with each CCRR submittal.
t. Prior to executing the work, submit construction contract change orders to the
Department's Resident Engineer in charge of reimbursements for review and
approval.
u. Be responsible for any increased costs resulting from desired revisions in project
scope that exceed typical highway design criteria, whether during the design phase or
during construction as a change order.
v. Upon completion of the Project, hold a final acceptance meeting for the Project and
submit the LPA Final Acceptance Report form certifying that the Project was
accomplished in accordance with the plans and specifications (Attachment I). This
form must be signed by the engineer performing construction inspection on the
Project, the Department's Resident Engineer assigned to the project, the City's full-
time employee in responsible charge, and the City's Mayor.
w. Upon completion of these improvements to Highway 112, accept ownership and
responsibility of the portion of Highway 112, Section I between Highway 112 Spur
(Wedington Drive) and the northbound ramps of Interstate 49.
3. Notify the Department in writing who the City designates as its full-time employee to be in
responsible charge of the day to day oversight of the Projects (Attachment M). The duties
and functions of this person are to:
• Oversee project activities, including those dealing with cost, time, adherence to contract
requirements, construction quality and scope of Federal -aid projects;
• Maintain familiarity of day to day project operations, including project safety issues;
• Make or participate in decisions about changed conditions or scope changes that require
change orders and/or supplemental agreements;
• During construction, visit and review the project on a daily basis;
• Review financial processes, transactions and documentation to ensure that safeguards are
in place to minimize fraud, waste, and abuse;
• Direct project staff, City or consultant, to carry out project administration and contract
oversight, including proper documentation;
• Be aware of the qualifications, assignments and on-the-job performance of the City and
consultant staff at all stages of the project.
4. Maintain accounting records to adequately support reimbursement with Federal -aid funds
and be responsible for the inspection, measurement and documentation of pay items, and
certification of all work in accordance with the plans and specifications for the Projects and
for monitoring the Contractor and subcontractor(s) for compliance with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements.
5. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or
incidental to the construction of said work or used in the course of said work including but
not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and
368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof.
6. 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.
7. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Attachment N).
8. Grant the right of access to the City's records pertinent to the Projects and the right to audit
by the Department and Federal Highway Administration officials.
9. Be responsible for 100% of all project costs incurred should the Project not be completed as
specified.
10. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Attachment O), which is necessary for Project participation.
1 l . Repay to the Department the federal share of the cost of any portion of the Projects if, for any
reason, federal participation is removed due to actions or inactions of the City, its agents, its
employees, or its assigns or the City's consultants or contractors or their agents. Such actions
or inactions shall include, but are not limited to, federal non -participation arising from
problems with design plans, specifications, construction, change orders, construction
inspection, or contractor payment procedures. The City understands and agrees that the
Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax
allotment should the City fail to pay to the Department any required funds, fail to complete
the Project as specified, or fail to adequately maintain or operate the Projects.
12. Be responsible for all costs not provided by the Federal Highway Administration or the
Department.
13. Repay to the Department the federal share of the cost of this project if for any reason the
Federal Highway Administration removes federal participation.
14. Retain total, direct control over the Projects throughout the life of all project improvements
outside of the Department's right-of-way and not, without prior approval from the
Department:
• sell, transfer, or otherwise abandon any portion of the Projects;
• change the intended use of the Projects;
• make significant alterations to any improvements constructed with Federal -aid funds; or
• cease maintenance or operation of a project due to the Project's obsolescence.
15. Be responsible for satisfactory maintenance and operation of all improvements and for
adopting regulations and ordinances as necessary to ensure this. Failure to adequately
maintain and operate the Projects in accordance with Federal -aid requirements may result in
the City's repayment of federal funds and may result in withholding all future Federal -aid.
16. Submit to the Department a Single Audit in accordance with the Office of Management and
Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of
Federal -aid from any federal source including, but not limited to, the U.S. Department of
Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The
$500,000 threshold is subject to change after OMB periodic reviews.
17. Complete and transmit to the Department both pages of the Federal Funding Accountability
and Transparency Act (FFATA) Reporting Requirements (Attachment P).
18. Agree to promptly refund to the Department in full any and all revenue paid by the
Department based upon claims adjudicated by the Arkansas Claims Commission or other
legal forum sustained on account of the operations or actions of the City, including any act of
omission, neglect or misconduct of the City. This obligation survives the termination or
expiration of this Agreement.
THE DEPARTMENT WILL:
1. Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave.
(Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North
Street and from Leroy Pond Drive to the beginning of Job 040582:
a. Be responsible for all funding beyond the City's share of Job 040582, except for any
increases in cost resulting from changes in project scope proposed by the City.
b. Provide the funding necessary to overlay the segments of Highway 112. Costs will
be limited to those associated with the Department's typical overlay design.
c. Maintain an administrative file for the project and be responsible for administering
Federal -aid funds.
d. Provide environmental clearance for Highway 112 overlays.
e. Review final plans and specifications submitted by the City.
f. Ensure substantial compliance with federal contracting requirements through review
of the bidding proposal for inclusion of required federal forms, review of the
administration of the DBE program provisions, and general compliance with
23 CFR 635.
g. Advise the City when to proceed with advertisement of the Project for construction
bids.
h. Review and concur in award of the construction contract for the Project.
-6-
i. Ensure that the City and the City's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the City's
representatives and their consultant to verify that the work being performed by the
City's contractor, and documented and certified by the City, meets the requirements
of the Project plans, specifications, and all applicable FHWA and Department
procedures. The Department intends to perform these inspections, at a minimum,
when the construction work is approximately 10% and 50% completed. The
Department will also participate in the final inspection of the Project.
j. Review and approve any necessary change orders for project/program eligibility.
k. Be responsible for increases in project costs due to change orders for normal bid item
adjustments.
1. Reimburse the City 100% for eligible construction costs approved in the CCRR form
(Attachment 1). This reimbursement will be limited to the funding available at the
time payment is requested. If the payment requested exceeds the funding available at
the time, the difference will be reimbursed as additional funds for the Project become
available.
in. Subject to the availability of funding allocated for the Project, pay the City the
remaining amount due upon completion of the Project and submittal of the certified
LPA Final Acceptance Report form (Attachment K).
n. Upon completion of these improvements to Highway 112, remove the portion of
Highway 112, Section 0 between Highway 16 (W. 1 Sth Street) and Highway 112
Spur (Wedington Drive) from the State Highway System and transfer ownership and
responsibility to the City.
2. Be responsible for the following in relation to projects scheduled to widen Highway 112
between Poplar Street and Interstate 49:
a. Provide the City the amount of funding necessary for all phases of work to develop
and construct the typical design section for an urban state highway, as shown on
Attachment J, for this portion of Highway 112.
b. Evaluate the proposed typical design section versus the typical design section for an
urban state highway, as shown on Attachment J, and determine how any changes will
affect the estimated cost. City -requested changes to the typical design section that are
determined to be budget -neutral will not require additional funding from the City.
c. Maintain an administrative file for the project and be responsible for administering
Federal -aid funds.
d. Coordinate with the City to procure required professional services such as design
consultants, construction engineering and inspection consultants, and right of way
consultants.
e. Review environmental documentation as prepared by the City.
f. Review plans and specifications submitted by the City.
g. Reimburse the City 100% for eligible professional services, procured using
Department -approved procedures, upon review and approval of reimbursement
requests.
MR
h. Notify the City.when right-of-way and/or utility plans are approved and the City may
proceed with right-of-way acquisition and/or utility adjustments.
i. Ensure substantial compliance with federal contracting requirements through review
of the bidding proposal for inclusion of required federal forms, review of the
administration of the DBE program provisions, and general compliance with
23 CFR 635.
j. Advise the City when to proceed with advertisement of the Project for construction
bids.
k. Review and concur in award of the construction contract for the Project.
Ensure that the City and the City's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the City's
representatives and{ their consultant to verify that the work being performed by the
City's contractor, and documented and certified by the City, meets the requirements
of the Project plans, specifications, and all applicable FHWA and Department
procedures. The Department intends to perform these inspections, at a minimum,
when the construction work is approximately 10% and 50% completed. The
Department will also participate in the final inspection of the Project.
m. Review and approve any necessary change orders for project/program eligibility.
n. Be responsible for increases in project costs due to change orders for normal bid item
adjustments.
o. Reimburse the City 100% for eligible construction costs approved in the CCRR form
(Attachment G). This reimbursement will be limited to the funding available at the
time payment is requested. If the payment requested exceeds the funding available at
the time, the difference will be reimbursed as additional funds for the Project become
available.
p. Subject to the availability of funding allocated for the Project, pay the City the
remaining amount due upon completion of the Project and submittal of the certified
LPA Final Acceptance Report form (Attachment 1).
q. Upon completion of these improvements to Highway 112, remove the portion of
Highway 112, Section 1 between Highway 112 Spur (Wedington Drive) and
Interstate 49 from the State Highway System and transfer ownership and
responsibility to the City.
IT IS FURTHER AGREED that should the City I'ail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may 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, or fail to adequately maintain or operate the Project, the Department may cause such
funds as may be required to be withheld from the City's Motor Fuel Tax allotment.
IN ITNESS WHEREOF, the parties thereto have executed this Agreement this 1 041�\ day of
2017.
ARKANSAS DEPARTMENT OF
TRANSPORTATION
z,coll %. t3enneu, r.z.
Nrpotnr
FAYETTEVILLE
a.au� a
Kit Atiams
City Attorney
A R KA NSAS D EI'A R`rr41 r•.Nr O F TRA NSPO RTAT ION
NOTICE OF NONDISCRIMINATION
The Arkansas Department orTrnnsporlmion (L)cpanmeni) complies with all civil rights provisions or federal statutes and related authorities
that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, the Depanmcni does not discriminate
on the basis of race, sex, color, nge, nstional origin, religion (not applicable as a protccled groarp tinder the Fcderal Motor Carrier Safety
Administration Title Vt Program), disr:biiily, Limited English Proficiency (LEP), or low-incumc stalm in the admissiun, access to and
treatment in the rk:panmcnt's programs and acdvitics, as well as the Depanmcni's hiring or employment practices. Complaints of alleged
discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to Joanna R McFadden Section Head -
FEO/DBE (ADA/504(ritic VI Courdinaiur), P. O, flux 2261, Little Rock, AR 72203, (501) 569-2298, (Voiced-I'Y 711). or Inc following
emuil address: Jyyllrranclithlrn(id;ndit.:g.v
Frcc language assistance for Limited English Proficient individuals is available upon request.
This notice is available from the ADA/504/ritle VI Courdinator in large print, on audiotape rurd in Nroille.
-9-
7
Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR
Part 26 have the maximum 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 26 to ensure that DBEs 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 disadvantaged business enterprise affirmative action program, which the
recipient agrees to carry out, this program is incorporated into this financial assistance
agreement by reference. 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 26, Subpart F, which
sanctions may include ten-nination of the Agreement or other measures that may affect
the ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and
26.107 shall substitute 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 recipient deems appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
Proiecl Information
Job Humber Description lei Phase T�alCost
MaOe Street • North Street
0.47
Const +CENG
247,500
040562
Razorback Road -Garland Avenue
0,37
Utilities
64882
Consituction
4,250,000
CENG If046}
425.000
Sub -Total
5,315,882
Leroy Pond Drive • North
0,54 Const +CENG
192,500
r,r
City Funds
STP'A Match Total
rr M11
r � r
r r
21400,000
958,600
3,3581600
ESTIMATED ADDITIONAL STATE FUNDS
Additional Federal and State funding made available for
improvements if the City agrees to assume ownership and
maintenance of Hwy,112, This amount will ehher be increased or
decreased based on the lowest responsive bid received fhal is
awarded to contract This amount does not represent a minimum
or maximum of funding made available for the project.
Federal Match Total
pppp—a
W
r,
M
r'1 rr
rr
„ rr
i ,
MM
rrr
r rr
r+
1,917,826
479,457
2,397,283
Note: Job 040562's construction cost estimate A based on the current design, City funds are capped at $3,358,600 in STP-A and matching funds. AHTO is committed to p vding the full amount of gap funding necessary for
Job 040582, contingent upon receiving a responsive bid that is within an acceptable range of the engineer's estimate, The City of Fayetteville will revise the current design to incorporate some desired changes.
Funding for any increases in scope will be be responsiblity of the Cily and will be added 1a the $3,358,600 cap amount, Once the project is let to contract, an increase in cost due to added scope will be the
responsibility of the City, An increase in cost due to normal ohange in conditions will be the responsibility of the Department
AHTD is committed to providing funds for the
standards. Funding for
will be the responsiblily of the City and be added b the $3,356,600 cap amount
11CSD11StaIRPNPBGDIV LFPAIProgramsTarmedngt Fayetleulle_PAO ZHwytf2lmpvtsgRout�mplAttaehmanls>BFayelfevlpe D4 82�Htiy,112FayahedoFundirgamakdovn,xlsx Attachment B
Attachment C
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECTS
1) FH WA-1273
Each set of contract documents shall include FHWA-1273, "Required Contract Provisions,
Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273.
Copies of FI-IWA-1273 and supplements will be provided by the Department.
2) Anti=Collusion and Debarment Certification
The certification shall either be in the form of an affidavit executed and sworn to by the bidder
before a person who is authorized by the laws of the State to administer oaths or in the form of
an unsworn declaration executed under penalty of perjury of the law of the United States. The
required form for the Anti -Collusion and Debarment Certification will be provided by the
Department. The certification includes:
• Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or
corporation submitting the bid certifying that such person, firm, association, or corporation
has not, either directly or in -directly, entered into any agreement, participated in any
collusion, or otherwise taken any action, in restraint of free- competitive bidding, in
connection with the submitted bid.
• Debarment - A statement regarding debarment, suspension, ineligibility and voluntary
exclusion as required by "Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29).
Failure to submit the executed Certification as part of the bidding documents will make
the bid nonresponsive and not eligible for award consideration.
3) Lobbying Certification
This certification is required by 49 CFR 20. The form for this certification will be provided
by the Department.
4) Davis -Bacon Pre -determined Minimum Wage Rates
Davis -Bacon requirements apply to all projects greater than S2,000 that are physically located
within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage
rates will be provided by the Department.
Attachment D
CERTIFICATION LETTER
REQUESTING AUTHORITY TO ADVERTISE FOR SIDS
DATE
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
Re: Job #
Job Name
Cotini
The following documents are submitted concerning the referenced project:
1. One reproducible set of ptans and specifications.
2. A copy of the engineer's estimate of cost.
3. Copies of any technical specifications or special provisions.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the
plans and specifications comply with the Americans with Disabilities Act (ADA), the American
Association of State Highway and Transportation Officials (AASHTO) design standards, and all
other applicable state and federal regulations, including airport clearance when necessary, for the
type of work involved.
I understand that if any project items are declared non -participating in federal funds due to
failure to comply with any State or federal requirements, the City will promptly repay such funds
to the Arkansas Department of Transportation (ArDOT). Further, I hereby authorize the Director
of the Arkansas State Department of Finance and Administration to transfer such funds from the
City's gasoline tax allotment to the ArDOT's RRA Fund upon notification by the Director that
such funds are due ArDOT and have not been paid by the City.
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(City's CEO)
Enclosures
Attachment E
GUIDELINES FOR ADVERTISING AND OPENING BIDS
FEDERAL -AID PROJECTS
Upon receipt of written authorization from the Arkansas Department of Transportation, the
project may be advertised for bids. The following minimum guidelines for advertising must be
met:
• The minimum advertising. period is three weeks.
In addition to meeting the State requirements for advertising for construction projects, the
project must be advertised a minimum of two times in a statewide newspaper.
• The notice must contain: (1) the time, date, and place that scaled bids are to be accepted,
opened, and publicly read; (2) a brief description of the kind or type of work contemplated;
and (3) the place at which prospective bidders may obtain plans and specifications.
• The City will include the following language in the solicitation for bids:
"The City hereby notifies all bidders that this contract is subject to applicable labor
laws, non-discrimination provisions, wage rate laws and other federal laws
including the Pair Labor Standards Acts of 1938. The Work Hours Act of 1962
and Title VI of the Civil Rights Act of 1964 also apply."
• All bids received in accordance with the terms of the advertisement shall be publicly opened
and at a minimum, the total amount bid must be read (the City may choose to read the bids
item by item).
• If any bid received is not read aloud, the name of the bidder and the reason for not reading
the bid aloud shall be publicly announced at the letting.
• In accordance with 23 CPR 635.1 10, any procedures and requirements for qualifying and
licensing contractors must be approved by the Federal Highway Administration.
• Negotiation with contractors during the period following the opening of bids and before
the award of the contract is not permitted.
Attachment F
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
DATE
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
Re: Job #
Job Naine
Counip
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with the
regulations governing Fcderal-aid projects and all other applicable state and federal regulations,
and that this process has been reviewed and approved by the City Attorney. Additionally, I
certify that the bid is being awarded to the lowest responsive and qualified bidder and that there
has not been, nor will there be, any negotiations with the contractor or other bidders regarding the
amount bid.
Your concurrence in the award of this contract to CONTRACTOR is requested.
Sincerely,
Mayor
City Attorney
Enclosures
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
Job No,:
FAP:
County:
Job Name.:
1 Original Contract Amount
2 Net Changes by Change Orders
3 Present Contract Total
4 Work Completed to Date
5 Previous Reimbursements
6 Amount Due this Estimate
(subtract Line 5 from Line 4)
PayeelClty:
address
Federal Tax ID No,:
o
Total charges previously approved
ADDITIONS
DEDUCTIONS
Total approved this Request Period
TOTALS
NET CHANGES by Change Order
(Line 2 above)
DEPARTMENT USE ONLY
Recommended for Payment in
Accordance with Project Agreement
Title:
PAGE 1 OF
DATE:
PAY REQUEST#
FROM: TO:
Revised: 7125117
2 PAGES
The information provided in this document is true and correct and I
recommend that payment be made to the Contractor for this work,
Date:
Payment is requested from the Arkansas Department
of Transportation for the Amount Due, I certify that the
Contractor and/or subcontractor(s) are complying with the provisions
of FHWA-1273, Required Contract Provisions, Federal -aid Construction
Contracts, and Supplements: that the work has been completed by the
Contractor in accordance with the plans and specifications: and that
the Contractor has been paid for this work.
By; Date:
Title:
Approved for Payment
Voucher No,
Residem Engineer State Construction Engineer I Date:
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
t. NUMBER:
Y
t:
CITY:
Revised: 3/13117
PAGE 2 OF 2 PAGES
REQUEST NO: DATE:
m
CONTRACTOR:
TO:
A
B
C
D
E
F
G
H
I
ITEM
NO.
DESCRIPTION OF WORK
SCHEDULED
VALUE
WORK COMPLETED
MATERIALS
PRESENTLY
STOCKPILED
(NOT IN D or E)
TOTAL
COMPLETED &
STOCKPILED
TO DATE D+E+F
%
COMPLETED
(G } C)
BALANCE
TO FINISH
(C - G)
PREVIOUS
REQUESTS
THIS PERIOD
GRAND TOTALS
Attachment G
COPY OF CITY`S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM
Attachment H
CITY
LPA Report of Daily Work Performed
FAP No.: Contractor:
Date: Hours Worked: — Report No.:
Project Conditions
Site Conditions Weather Number of Contractor's
Personnel
Useable Sunny Laborers
Partly Useable Partly Cloudy Carpenters
Not Useable Rain Concrete Laborers
Min Temp. (F)
Max Temp. F
Comments
Rainfall Amt. (in)
Equip. Operators
Electricians
Plumbers
Foreman
Other
Location and Description of Work Performed
I Special Instructions and/or Conversations
Signed:
Designated Full-time Employee
Q
Attachment I
CITY
LPA Final Acceptance Report
-Job Name:
Date:
Job No:
FAP No:
County:
Route:
Contractor:
Date Work Began:
Date Work Completed:
Attendees:
Remarks:
Project Completed in Substantial
Compliance with Plans and Specifications
and Recommended for Final Acceptance by
city
Engineer
Recommended for Acceptance in
Accordance with Project Agreement
ArDOT Resident Engineer
Protect Recommended for Acceptance
Designated Full-time Employee:
I certify that the Contractor and/or subcontractor(s) have complied with the provisions of
FHWA-2273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements; that the project has been completed by the Contractor in accordance with
the plans and specifications; that the Contractor has been paid for this work, and the
project is hereby accepted.
CITY's CEO
„moo• tANI f(_ a•'o• LANE 1 iM* IU2h 114 u'•_a•_I-
«•l.,iilnlmI'I' I 1 I I
HIM XXX-FULL DEPTH
C.C,C. & G, LT. & R1,
TYPICAL SECTIONS OF IMPROVEMENT
Attachment J
Attachment K
LOCAL AGENCY
CONSULTANT SELECTION PROCEDURES
Section 1— Application
These procedures apply to federally funded contracts for engineering and design
services for projects. The federal laws and regulations that govern the procurement of
engineering and design related services with Federal -aid highway funds are:
• 23 U.S.C. 112 "Letting of contracts".
• 23 CFR 172 °Administration of Engineering and Design Related Service
Contracts
• 49 CFR 18 "Uniform Administration Requirements for Grants and
Cooperative Agreements to State and Local Governments" or more
commonly known as the "Common Rule",
40 U.S.G. Chapter 10 Subchapter V1, paragraphs 541-544 or commonly
called the "Brooks Act".
In accordance with the above federal laws and regulations, the Arkansas
Department of Transportation (ArDOT) has approved these procedures for use by the
Local Agency for the "competitive negotiation" method of procurement as defined in 23
CFR 172.5, Methods of Procurement.
The Local Agency will use these procedures for Federal -aid contracts and may
elect to use them for non -Federal -aid contracts.
These procedures do not apply to design -build Contracts.
Section 11— Advertisement for Letters of Interest (LOls).
The Local Agency may employ a consultant engineering firm when a need exists
for engineering services and it is in the Local Agency's best interest to employ an
engineer or engineering firm.
As a minimum, the Local Agency will advertise in a statewide newspaper, the
ArDOT'S website and the Local Agency's website (if available), advising that consultant
engineering services are being sought. In addition, the Local Agency may advertise in
appropriate national trade magazines or websites for specialized services. Interested
firms must furnish a Letter of Interest with primary contact information and Architect -
Engineer Qualifications Standard Form 330 Parts 1 and II. The advertisement will be
for either a specific single project, a group of projects, or for an indefinite delivery of
projects to be determined at a later date with specific task orders issued for each
project.
1
Attachment K
When the Local Agency advertises a specific project, the advertisement will
describe the work in general terms so that firms may evaluate their interest in
performing the desired services.
When the Local Agency advertises a group of projects, a general description of
work will be furnished. Firms will be asked to specify the projects they are interested in
performing. When the Local Agency decides to proceed with a certain project, those
firms having expressed interest in that project will be considered for selection.
When the Local Agency advertises for an indefinite delivery of projects with later
specified task orders, the advertisement will include a general description of work for the
project tasks.
Section III — Selection Committee.
The Local Agency will designate a Selection Committee (Committee) to evaluate
and analyze the LOls and Proposals.
Section IV — Evaluation of LOls.
The Committee will evaluate each consultant firm based on the following:
No.
Evaluation Factors for L
Maximum PointsOIs
Possible
Professional staff including the education, experience,
1
number of perscnnel available, and any partnerships
10
with sub -consultants
General and professional reputation, including
2
responsiveness to civil rights and equal employment
10
opportunity requirements and opportunities
3
Past work performance
10
4
Experience with projects of a similar nature as those
advertised
10
Total Points for LOI
40
Following their review, the selection committee will prepare a short list of
engineering firms and recommend to the Local Agency that these firms submit detailed
proposals for further evaluation.
Section V — Request for Proposal (RFP).
The Local Agency will prepare a scope of work statement and request proposals
from the engineering firms on the short list. For projects with FHWA oversight, the
Local Agency will forward the scope of work statement to ArDOT to forward to FHWA
for review and approval before soliciting RFPs. A Local Agency's scope of work will
typically include the following:
E
Attachment K
1. A detailed description of the work
2. Services that will be furnished by the Local Agency
3. Services expected of the consultant
4. Project conditions of the work
5. Special conditions of the work
6. Assurance of participation of Disadvantaged Business Enterprises
(DBE) in Federal -aid projects. The Local Agency may establish a DBE
goal of a certain percentage of the work for DBE's to assure DBE's
participation in Federal -aid projects. When a DBE goal is specified,
the Local Agency will ensure that a certified DBE(s) performs the
identified engineering work and that the payments to the DBE(s) verify
that the goal was reached. The establishment of a DBE goal does not
preclude a DBE from being the prime consultant for the project.
The short-listed firms should submit proposals that contain the following:
1. A cover letter with primary contact information
2. A detailed work plan that identifies the major tasks of work
3. A list of major concerns associated with completing the work
4. A detailed work schedule for specific projects as requested
5. A manpower estimate for specific projects as requested
6. Updated Standard Form 330 Parts I and II if necessary
The Committee will review the proposals with particular attention to the following
evaluation factors and the consideration of Section IV. The evaluation factors and
their relative importance will be listed in the RFP if any of the factors are different from
the list below.
No.
Evaluation Factors for Proposals
Maximum Points
Possible
Obvious indication that the scope of work is clearly
1
understood
10
2
Comprehensive, coherent, and detailed work plan
10
3
Realistic work schedule when applicable
10
Proposed working office location, need for a local
4
office, and any local representative*
5
5
Identification of sub -consultants and responsiveness to
OBE goals and opportunities
5
6
Total Points for LOI
40
Total Points for Proposals
80
*Locality preference may be used on a project by project basis where it is not based on political
boundaries.
Based on these various items, the Committee will rank the firms in order of
preference and submit the list to the Local Agency who will either:
1. Select one firm to enter negotiations with;
3
s
Attachment K
2. Select multiple firms for an indefinite delivery contract, or
3. Select two or more firms to interview (a firm may present additional
information concerning their proposal at the interview). After the
interviews, the Committee will re-evaluate the firms based on the
interview and the same evaluation factors as noted previously. The
ranked list will be submitted to the Local Agency for review and final
selection.
The contract file will contain records of the rankings and supporting data;
however, the rankings will not be public information. Copies of the LOI advertisement,
the rankings, and supporting data shall be submitted to ArDOT for the contract file.
Section VI — Negotiation and Contract Preparation.
Once a firm is selected for negotiation for a specific job or a group of projects, it
will prepare a draft contract including a cost estimate for the project. The other firms on
the short list will be advised of the firm selected, subject to successful negotiations.
More than one firm may be selected for an indefinite delivery contract.. The
contract -will establish a maximum cost for the contract as well as an expiration date. As
individual task orders are issued, individual task order cost estimates will be negotiated.
The selected firm will prepare a draft contract based on a sample contract
furnished by the ArDOT. In accordance with the principles of 23 CFR 172, the draft
contract must include an overhead rate that is approved by the ArDOT. The overhead
rate shall be verified by an audit by a certified public accountant on behalf of the
consultant if the contract exceeds $250,000. If the contract is less than $250,000, the
overhead rate shall also be verified by an audit by a certified public accountant on
behalf of the consultant if at least one of the following conditions applies:
1. when there is insufficient knowledge of the consultant's accounting
system;
2. when there is previous unfavorable experience regarding the reliability
of the consultant's accounting system; or
3. when the contract involves procurement of new equipment or supplies
for which cost experience is lacking.
Pursuant to this requirement, the ArDOT will notify the Local Agency if an audit
by a certified public accountant for the selected firm is necessary. The certified audit
needs to be provided by the selected firm prior to the submission of the final draft
contract.
The Local Agency will review the draft contract proposal and either approve it as
submitted or enter into negotiations with the selected firm to establish a contract and
contract amount that the Local Agency deems is fair and reasonable. If a satisfactory
contract cannot be negotiated with the selected firm, negotiations will be formally
terminated. The Local Agency will then enter into negotiations with the second ranked
firm. If negotiations with that firm, fail, the Local Agency will formally terminate those
rd
f
negotiations and begin to negotiate with
Agency cannot negotiate a satisfactory
the Local Agency shall either:
Attachment K
the third ranked firm, and so on. If the Local
contract with any of the firms on the short list,
1. Request proposals from additional firms who have submitted LOIs and
are considered competent and qualified; evaluate and rank the firms
based on the criteria described in Section V; and continue the
negotiation process, or
2. Terminate all negotiations and begin the selection process again.
When the Local Agency and the consultant agree on a negotiated contract, the
consultant will prepare a final draft and submit it to the Local Agency and ArDOT for
review. After review and a determination that it is acceptable, the consultant will sign
the contract. The Local Agency will then execute the contract. The contract will
subsequently be submitted to ArDOT for final review and approval. When approved,
copies of the signed contract will be distributed within the Local Agency and to the
consultant.
For projects with FHWA oversight and for indefinite delivery contracts utilizing
federal funds, the ArDOT will forward the initial and final drafts of the contract to FHWA
for review and comment. The FHWA approves the final executed contract by stamp
and signature and retains a copy.
After the Local Agency executes an indefinite delivery contract, it will assign
specific projects by task order for the duration of the contract period. The consultant will
prepare each task order based on the scope of work furnished by the Local Agency..
The task order will include a manpower estimate and cost. The Local Agency will
review the task order and approve it as submitted or negotiate with the consultant to
establish a task order and task order amount that the Local Agency deems is fair and
reasonable. After review and a determination that -the task order is acceptable, the
consultant will sign the task order. The Local Agency will execute the task order. The
task order will subsequently be submitted to ArDOT for final review and approval. When
approved, copies of the signed task order will be distributed within the Local Agency
and to the consultant. For projects with FHWA oversight, the ArDOT will forward the
initial and final drafts of the task order to FHWA for review and comment. The FHWA
approves the final executed task order by stamp and signature and retains a copy.
Section VII — Monitoring the Contract.
The Local Agency may identify staff members as key liaisons for specific projects
or for technical matters during the administration of the contract period.
The Local Agency will:
1. Maintain the contract files.
2. Arrange and attend periodic progress meetings.
3. Coordinate reviews and approval actions with other agencies when
necessary.
+I
Attachment K
4. Review progress payments.
5. Coordinate questions from the consultant.
6. Negotiate any change or amendment to the contract and submit to
ArDOT for review and approval.
7. Prepare an evaluation of the consultant's performance after completion
of the contract. A copy of the evaluation shall be submitted to the
ArDOT.
Section Vill -- Consultant Liability
The Local Agency will include a contract requirement that the consultant will
warrant that all services and work products provided as part of the contract are free
from defects in workmanship at the time of acceptance and that the work conforms to
the requirements of the contract. This warrant is effective regardless of the degree of
inspection and acceptance by the Local Agency or others.
If the consultant is required to correct or re -perform any work or services, the
work will be performed at no cost to the Local Agency, and any work or services
corrected or re -performed by the consultant shall also be warranted that it is free from
defects in workmanship. If the consultant fails or refuses to correct or re -perform, the
Local Agency may, by contract or otherwise, correct or replace the deficient items or
services with similar work or services, and charge the cost to the consultant or make an
equitable adjustment in the consultant's reimbursement.
Acceptance is an act of an authorized representative of the Local Agency by
which the Local Agency approves specific services, as partial or complete performance
of the contract. Correction is the elimination of a defect.
Attachment L
CITY LeTTERHEAD
JOB NUMBER
JOB DESCRIPTION
COUNTY
Title to the right of way necessary for the construction of this project has been acquired, or will be
acquired, in accordance with applicable Federal Highway Administration procedures.
f indicate total number in each category here. Delete any categories not used in this job.
Tract(s)
Options(s)
_ Paid
Donation(s)
Negotiation Pending* - include tract number(s) and statement: "It is anticipated that
this/these tract(s) will be acquired by (date). "
Condemnation(s) — (include Order of Possession date or date the Court Order was filed)
Condemnation(s) Pending* - include tract number(s) and anticipated filing date
* If applicable
ldelete the statement in each pair that does not apply
There are no displacees on this project.
-O r-
Relocation Assistance has been provided in accordance with applicable Federal Highway
Administration procedures and ail displacees have moved from this project. There was/were #
displaced propertvtetc) on the project.
There are no structures located within the right of way area.
-Or-
All structures have been removed from this project, except for those to be included as demolition
items in the highway contract.
No conflicting utilities are known to exist in the right of way area.
-
Or -Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status
Report.
There are no railroads involved on this project
-OR- -
Tract(s) #— shown above include() 11 (Permanent(Temporary Construction Easements) for
Railroad.
No right of way in excess of that needed for construction or future maintenance of this project was
acquired.
Certified by:
(Type name)
(Type title)
Date:
City Letterhead
(Designating Full -Time Employee
in Responsible Charge)
f
Mr. Jared D. Wiley
Division Engineer— Program Management
Arkansas Department of Transportation
P. 0. Box 2261
Little Rock, AR 72203
Dear Mr. Wiley:
Re: Job Name
Coun
Attachment M
The full-time employee in responsible charge of the day to day oversight for the referenced
project will be (r`naerY enit)loyee s iialne . This letter certifies that the employee is aware of the
duties and functions they are in charge of as outlined in the Agreement of Understanding. They
can be contacted at insert thnixe number) or at (insert emetil mhb'ess).
Sincerely,
NAME & OFFICE
(City's CEO)
Attachment N
49 CFR 18.42
UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS TO STATE AND I.,OCAL GOVERNMF.N'I'S
Post -Award Requirements
i Retention and access requirements for records.
(a) Applicability. (1) This section applies to all
Financial and programmatic records, supporting
documents, statistical records, and other records of
grantees or subgrantees which are:
(i) Required to be maintained by the terms of this
part, program regulations or the grant agreement, or
(ii) Otherwise reasonably considered as pertinent to
program regulations or the grant agreement.
(2) This section does not apply to records maintained
by contractors or subcontractors. For a requirement to
place a provision concerning records in certain kinds of
contracts, see Sec. 18.36(i)(10).
(b) Length of retention period (1) Except as
otherwise provided, records must be retained for three
years from the starting date specified in paragraph (c) of
this section.
(2) If any litigation, claim, negotiation, audit or other
action involving the records has been started belbre the
expiration of the 3-ycar period, the records must he
retained until completion of the action and resolution of
all issues which arise from it, or until the end of the
regular 3-ycar period, whichever is later.
(3) To avoid duplicate recordkeeping, awarding
agencies may make special arrangements with grantees
and subgrantees to retain any records which are
continuously needed for joint use. The awarding agency
will request transfer of records to its custody when it
determines that the records possess long -tern retention
value. When the records are transferred to or maintained
by the Federal agency, the 3-year retention requirement
is not applicable to the grantee or subgranec.
(c) Starring date of retention period --(I) General.
When grant support is continued or renewed at annual
or other intervals, the retention period for the records of
each funding period starts on the day the grantee or
subgrantee submits to the awarding agency its single or
last expenditure report for that period. Iiowever, if grant
support is continued or renewed quarterly, the retention
period for each year's records starts on the day the
grantee submits its expenditure report for the last quarter
of the Federal fiscal year. In all other cases, the retention
period starts on the day the grantee submits its final
expenditure report. If an expenditure report has been
waived, the retention period starts on the day the report
would have been due.
(2) Real property and equipment records. The
retention period for real property and equipment records
starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or
subgrani support. In some cases grantees must report
income after the period of grant support. Where there is
such a requirement, the retention period for the records
pertaining to the earning of the income starts from the
end of the grantee's fiscal year in which the income is
earned.
(4) Indirect cost rote proposals, cost allocations
plans, ere. This paragraph applies to the following types
of documents, and their supporting records: indirect cost
rate computations or proposals, cost allocation plans,
and any similar accounting computations of the rate at
.which a particular group of costs is chargeable (such as
computer, usage chargeback rates or composite fringe
benefit rates).
(i) If submitted for negotiation. If the proposal, plan,
or other computation is required to be submitted to the
Federal Government (or to the grantee) to form the basis
for negotiation of the rate, then the 3-year retention
period for its supporting records starts from the date of
such submission.
(ii) Ij'noi submitted for negotiation. If the proposal,
plan, or other computation is not .required to be
submitted to the Federal Government (or to the grantee)
Cur negotiation purposes, then the 3-ycar retention
period for the proposal plan, or computation and its
supporting records starts from the end of the fiscal year
(tar other accounting period) covered by the proposal,
plan, or other computation.
(d) .Substitution of microfilm. Copies made by
microfilming, photocopying, or similar methods may be
substituted for the original records.
(e) Access to records--(1) Records of grantees and
subgrantees. The awarding agency and the Comptroller
General of the United States, or any of their authorized
representatives, shall have the right of access to any
pertinent books, documents, papers, or other records of
grantees and subgrantees which are pertinent to the
grant, in order to make audits, examinations, excerpts,
and transcripts.
(2) Expiration of right of access. The right of access
in this section must not be limited to the required
retention period but shall last as long as the records are
retained,
(f) Restrictions on public access. The Federal
Freedom of Information Act (5 tf.S.C. 552) does not
apply to records unless required by Federal. State, or
local law, grantees and subgrantees arc not required to
permit public access to their records.
[Revised as of October 1, 1997]
Attachment 0
CERTI>aICA,rION FO CRANCS, LOANS, AND COOPERATIVE AGRI+..!<"_MENI'S
The undersigned certifies to the best of his knowledge and belief that.
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - L.LL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including sub grants, and
contracts and subcontracts under grants, sub grants, loans and cooperative
agreements) which exceed $100,000, and that all such sub recipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not 1iis than $10,000 and not more than $100,000 for each
such failure. f/
,(eId Jordan
of Fayetteville
s
Attachment P
Federal Funding Accountability and Transparency Act (FFATA)
Reporting Requirements
(For more information go to hftps./lwww.fsrs.gov4
FFATA was signed on September 26, 2006. The intent is to empower every American with
the ability to hold the government accountable for each spending decision. The end result is to
reduce wasteful spending in the government. The FFATA legislation requires information on
federal awards (federal financial assistance and expenditures) be made available to the public via
a single, searchable website, which is www.USASpendinq.gov.
A Prime Grant Recipient (hereinafter called ArDOT (the Arkansas Department of
Transportation)) awarded a new Federal grant greater than or equal to $25,000 as of
October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of
Management and Budget guidance issued August 27, 20% ArDOT is required to file a FFATA
sub -award
report
for any sub -grant
awarded to a sub-awardee
greater than or equal
to
25 000..
As
a sub-awardee,
G'/_TY 1!5 r
1//G t-E
shall
provide the following information to ArDOT in order to fulfill FFATA reporting requirements:
,/ A unique identifier (Dun & Bradstreet DUNS Number) of the sub-awardee receiving the
award and the parent entity of the recipient, should the sub-awardee be owned by another
entity;
The names and total compensation of the five most highly compensated officers of the
sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent
or more of its annual gross revenues in Federal awards; and $25,000,000 or more in
annual gross revenues from Federal awards; and the public does not have access to
information about the compensation of the senior executives of the sub-awardee through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See
FFATA § 2(b)(1).
..-
Attachment P
Required Sub-Awardee Information
(A) Sub-Awardee — DUNS Number: 6775-�'¢.z
Parent (if applicable) — DUNS Number:
(B) In the preceding completed Federal fiscal year, did your business or organization (the legal
entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of
its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants,
and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from
U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative
agreements?
Yes / No (Circle one)
If "Yes" is selected, answer P.
(C) Does the public have access to information about the compensation of the executives in your
business or organization (the legal entity to which the DUNS number entered above belongs)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
Yes I No (Circle one)
It "Yes" is selected, visit http:tlwww.sec.gov/edgar.shtmt for reference.
If "No" is selected, answer P.
(D) if "No" was selected in Question "C", complete the following information for the five (5)
most highly compensated executives in your business or organization (the legal entity to
which the DUNS number entered above belongs). Amount should reflect the Total
Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars.
Sub-Awardee Names and Compensation of Most Highly Compensated Officers
1. Name: Amount: $
2. Name: Amount: $
3. Name: Amount: $
4. Name:. Amount: $
5. Name:
Amount: $
0
File Number: 2016-0666
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 27-17
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING
AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD AND
GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112
BETWEEN 15TH STREET AND INTERSTATE 49 AS A CITY STREET.
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as follows:
1. The Department was responsible to fund and handle project development, which is complete. The
Department is also responsible for advertising, awarding the bid, and providing construction inspection.
2. The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly over
the City's budget; and
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
follows:
1. The amount of City funds available for Job 040582 is capped at $,3,358,600.00 as shown on
Attachment A to this Resolution. The Department will provide the gap funding needed to construct the
project.
Page 1 Printed on 114117
Resolution: 27-17
File Number. 2016-0666
2. The City will revise the current design. However, any increase in the current scope that results in a
higher project cost will be the responsibility of the City and will be in addition to the cap amount of
$3,359,600.
3. The Department will advertise and award the project. The City may inspect the project. The
Department will inspect the project if requested by the City.
4. Once the project is let to contract, an increase in cost due to added scope by change order will be the
responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment will
be the responsibility of the Department.
5. The Department will fund the cost to overlay the segments from Maple Street to North Street and from
Leroy Pond Drive north to the beginning of Job 040582. The City may develop, advertise, award and inspect
the project. The Department will provide these services if requested by the City. Any additional scope items
to the Department's typical overlay design that add cost to this improvement will be the responsibility of the
City.
6. The Statewide Transportation improvement Program for Federal Fiscal Years 2016-2020 (STIP)
includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to
handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to
Interstate 49. The Department will provide the amount of funding necessary for all phases of work to
develop and construct the typical design section for an urban state highway as shown on Attachment B to
this Resolution. The cost of additional features outside of this standard scope that increase the total cost
beyond that of the typical design section will be the responsibility of the City, and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume ownership
and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown on Attachment
C to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the City's
participation in this Partnering Agreement in accordance with its designated responsibilities in this project.
Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to execute all
appropriate agreements and contracts necessary to expedite the construction of this project.
Page 2 Printed on 114117
I
Resolution: 27-17
File Number. 2016-0666
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support and
hereby requests that the Arkansas State Highway and Transportation Department initiate action to
implement this project.
PASSED and APPROVED on 1/3/2017
Attest:
M
Sondra E. Smith, City Clerk
AYETTEVILLL
RF
a. w
j,
7'•'Ci�j��nl. L,ti4.
Page 3 Printed an 114117
City of Fayetteville, Arkansas 113West MOuntainStreet
Fayetteville, AR 72701
(479) 675.8323
Text File
F21MILMN It IlTiI�rI��3�
Agenda Date. 113/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 4
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING
AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR -IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD
AND GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112
BETWEEN I STH STREET AND INTERSTATE 49 AS A CITY STREET
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as follows:
L The Department was responsible to fund -and handle project development, which is complete. The
Department is also responsible for advertising, awarding the bid, and providing construction inspection.
2. The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly over
the City's budget; and
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
follows:
1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on
Attachment A to this Resolution. The Department will provide the gap funding needed to construct the
project.
2. The City will revise the current design. However, any increase in the current scope that results in a
higher project cost will be the responsibility of the City and will be in addition to the cap amount of
$3,358,600.
3. The Department will advertise and award the project. The City may inspect the project. The
Department will inspect the project if requested by the City.
4. Once the project is let to contract, an increase in cost due to added scope by change order will be the
City ofFay&teville, Arkansas Page 1 Printed on 11412017
C
File Number.- 201&0666
responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment
will be the responsibility of the Department.
S. The Department will
fund
the cost to overlay the segments
from Maple Street to North Street and
from Leroy Pond Drive
north
to the beginning of Job 040582.
The City may develop, advertise, award
and inspect the project.
The
Department will provide these services if requested by the City. Any
additional scope items to
the
Department's typical overlay design
that add cost to this improvement will
be the responsibility of the City.
6. The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020 (STIP)
includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to
handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to
Interstate 49. The Department will provide the amount of funding necessary for all phases of work to
develop and construct the typical design section for an urban state highway as shown on Attachment B
to this Resolution. The cost of additional features outside of this standard scope that increase the total
cost beyond that of the typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume
ownership and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown
on Attachment C to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the City's
participation in this Partnering Agreement in accordance with its designated responsibilities in this
project.
Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to
execute all appropriate agreements and contracts necessary to expedite the construction of this project.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support
and hereby requests that the Arkansas State Highway and Transportation Department initiate action to
implement this project.
City of Fayetteville, Arkansas Page 2 Printed on 11412017
City of Fayetteville Staff Review Form
U I-TOU
Legistar File ID
-1/3/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
/
Chris Brawn 12j16j2016 Engineering
Development Services Department
Submitted By submitted Date
Action Recommendation:
Division / Department
Approval of a Resolution to Enter into a Partnering Agreement with the Arkansas Highway and Transportation
Department to complete certain segments and to Transfer Right of Way Jurisdiction to the City for Highway 112
from 15th Street to 1-49
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? No Current Budget $
Funds Obligated $
Current Balance $ -
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
f.
CITY OF
ARKANSAS
MEETING OF JANUARY 3, 2017
Q7
THRU
Mayor and City Council
CITY COUNCIL AGENDA MEMO
Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer C6
December 16, 2016
SUBJECT: Resolution to Enter a Partnering Agreement with the Arkansas Highway
and Transportation Department to complete certain segments and to
Transfer Right of Way Jurisdiction to the City for Highway 112 from 1511
Street to 1-49
RECOMMENDATION:
Staff recommends approval of a resolution to partner with the AHTD to widen and improve
portions of Highway 112 between 15'h Street and 1-49, and to agree to the transfer of this
segment from the AHTD to the City.
BACKGROUND:
Highway 112 is an Arkansas Highway and Transportation Department (AHTD) owned facility
that functions as a major north -south arferial connecting 1-49 to the north and Highway 71 to the
south, and serves as the maim north -south entrance to'and access through the University of
Arkansas. Over the past several years, segments of the roadway have been widened and
improved through and near the campus, through a series of partnerships between the City, the
UA, and the AHTD. The UA has planted and maintained the landscaping and trees on
segments through campus and to the south of the. campus since the completion of the widening
and improvements.
In 2014, the City secured an additional $2.4 million in federal -aid funding for another segment of
this route, between Garland Avenue and Razorback Road. However, construction bids received
for the project have been over $4 million on two separate bidding occasions. This has stalled
the construction of the project.
Remaining segments between 151h Street and 1-49 that have not been widened or improved
include Razorback Road, from Maple Street to Leroy Pond Drive, and Garland Avenue from
Poplar Street to 1-49.
DISCUSSION:
After the 2r4 time receiving bids over $4 million on the Maple to Razorback segment of Highway
112, the City and UA met with the AHTD and began discussing an arrangement whereby the
AHTD would provide funding to complete the construction of this segment, in exchange for the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, Aft 72701
f-
City taking over the roadway as a City street. Ultimately, the attached proposal was developed
by the AHTD, which includes:
1. The AHTD will provide additional funding to complete the improvements to the Garland to
Razorback Road segment of Highway 112, and to overlay 112 on either side of this project,
to provide a new condition roadway through the entire campus.
2. The AHTD will complete widening and improvements to Highway 112 north of Poplar to
Van Asche, at no cost to the City. The City will be allowed to manage the design of the
project.
3. In exchange, the City will accept Highway 112 between 15th Street and 1-49 for
maintenance in perpetuity; the route will be removed from the state highway system and
will become a City street.
BUDGET/STAFF IMPACT_
While the proposed resolution does, not obligate any City funds, subsequent agreements and
construction contracts will require matching funds in the amount of $958,600. The UA has
agreed to provide 50% of this amount per the attached letter; therefore, the cost to the City will
be a maximum of $479,300, Funds are available in the Transportation Bond Program for this
match amount.
Operational costs to the City in the short term are expected to be minimal due to the new
condition of the majority of the section to be transferred to the City. Over the long term, overlay
and other pavement maintenance costs will be the most significant expenses expected.
Attachments:
Resolution
Cost Spreadsheet
Map of proposed improvements and segment to be transferred to City
Letter from UA
F4
RESOLUTION NO.
A RESOLUTION ALLOWING THE CITY OF FAYETTEVILLE
TO ENTER INTO A PARTNERING AGREEMENT WITH
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
FOR:
Jab 040582, Razorback Road - Garland Avenue fNrghway 112) f byettevifle)
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
follows:
WHEREAS, the original partnering agreement between the Department and the City was as
The Department was responsible to fund and handle project development, which is
complete. The Department is also responsible for advertising, awarding the bid, and
providing construction inspection.
• The City is to fund utilities; construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly
over the City's budget; and
follows:
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
• The amount of City funds available for Job 040582 is capped at $3,358,600 as shown on
Attachment A. The Department will provide the gap funding needed to construct the
project;
✓ The City will revise the current design. However, any increase in the current
scope :hat results in a higher project cost will be the responsibility of the City and
will be in addition to the cap amount of $3,358,600;
✓ The Department will advertise and award the project. The City may inspect the
project. The Department will inspect the project it requested by the City;
✓ Once the project is let to contract, an increase 'in cost due to added scope by
change order will be the responsibility of the City. An increase in cost due to a
change order for a normal bid item adjustment will be the responsibility of the
Department;
• The Department will fund the cost to overlay the segments from Maple Street to North
r
Street and from Leroy Pond Drive north to the beginning of Job 040582. The City may
develop, advertise, award and inspect the project. The Department will provide these
IM
services if requested by the City. Any additional scope items to the Departments typical
overlay design that add cost to this improvement will be the responsibility of the City;
The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020
(STIP) includes a project to widen Highway 112 from Poplar Street to Van Asche Drive,
The City desires to handle all phases of project development, advertise, award, and
inspect the portion from Poplar Street to Interstate 49. The Department will provide the
amount of funding necessary for all phases of work to develop and construct the typical
design section for an urban state highway as shown on Attachment B. The cost of
additional features outside of this standard scope that increase the total cost beyond that
of the typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume
ownership and responsibility of Highway 112 from Highway 16 (151h Street) to Interstate 49 as shown on
Attachment C.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAYETTEVILLE,
ARKANSAS, THAT:
SECTION 1: The City of Fayetteville will participate in accordance with its designated
responsibilities in this project.
SECTION It: The Mayor or his designated representative is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite the construction of this project.
SECTION III: The City of Fayetteville' pledges its full support and hereby requests that the
Arkansas State Highway and Transportation Department initiate action to implement this project.
THIS RESOLUTION adopted this
ATTEST:.
(SEAL)
day of , 2016.
Lioneld Jordan
Mayor
Pfojed Worma#ion
,, �� � :: ,length �
c1o�''w;bir , YDescrfjHlb ;;,,! �.e'. , Phase; ; To(al�CosGr
iles}
WeStreet • North Street
OR
ConsI+CENG
247,500
040582
Razorback Road• Garland Avenue
0.37
Utilities
640,882
Construotlon
4,250,000
CENG(10%�
44000
Sub -Total
5,315.882
Leroy Pend OM • North
0.54 Consi - CENG
192,500
t
Cl#v Funds
,� •STP;A � � �•wp�ith: ,ak„j .��,�q}Tydtaf�;�i,
512,106
128,176
640,882
1,$87,294
47i,$24
2,359,118
358,600
358,600
2,400,000
958,600
3,358,600
4
ESTIMATED ADDITIONAL STATE FUNDS
Addillonal Federal and Slate funding made available for Improvements
if M City agrees to assume ownership and maintenance of Hwp,112.
This armunt will either be increased or decreased based on the
lowest responsive bid received that Is awarded to conlracL This .
amount does not represent a minimum or maximum of funding made
available for the project,
Federal match Total
198,000
49,500
247,500
1,512,706
378,177
1,890,853
$3,120
13,280
66,400
1,565826
391,457
1,957,283
154,000
38,500
192,500
Note: Job 040582's construction cost estimate is based an the current design, City lunds are capped at $3,358,600 in STP•A and matching {ands, AHTD IS committed W providing the full amount of gap funding necessary for Job 040582,
contingent upon rece ving a responsive bid that is vrithin an acceptable range of the engineer's estimate, The City of Fayetteville %kill revise the current design to Incorporale some desired changes. Funding for any increases in scope will
be the responsiblily of the City and it be added to the $3,358,600 cap amount, Once the project Is let to contract, an increase in cost due to added scope vnll be the resporsibilily of the Cily, An Increase in cost due to normal change in
conditions 611 be the responsibility o1 the Depaamonl.
AHTD is oommllted to providing funds for Ire overlay projects using our basic design standards, Funding lot any increases in scope %W1 be the responsiblily 0 the Cry and be added to the $3,3$8,600 cap amount.
0AWINWORDIDO8 I IZH y,112 Fayene011e Fundy Breandownxbz ATTACHM ENT A
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rvx }VERSITY OF
ARKANSAS
Facilities Management
December 15, 2016
Chris Brown
City Engineer
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Dear Chris:
Per your request via attached email of Wednesday, December 14, 2016, the University of Arkansas (UA)
remains committed to our cost -sharing (10% City / 10% UA) on the required 20% local match on AT- M Job
4040582 Razorback Rd -Garland Ave (Highway 112) (Fayetteville).
This UA Commitment is on a not -to -exceed basis of $479,300 per the draft resolution and supporting
documents. '
The UA remains committed to also working out an appropriate long-term agreement on current and future
maintenance for the roadway sections between 15`h Street and North Street / Wedington Drive. Our
maintenance efforts essentially commenced in 2002-200 upon completion of the initial section of roadway
between Maple Street and North Street / Wedington Drive. They now include the entire length mentioned
above and for those specific areas covered which will be incorporated in our future agreement. Potential UA
areas in this future agreement to be covered include irrigation systems; tree maintenance; grass maintenance,
pedestrian light maintenance where they exist, core campus crosswalk maintenance, sidewalk maintenance and
related areas.
We look forward to our continued partnership as we complete this long -needed series of safety improvements
and physical changes to this critical link running through our campus and the larger community.
Sincerely,
IM.R. Jolt s n
Associate ice Chancellor for Facilities
Attachment: Email of 12/14/16 (w/attachments)
B 125 Facilities Management • Fayetteville, AR 72701 •479-575-3851 • fama,uark.edu
At Univers.'v of Arkansus is an equal action insriturion.
Chris Brown
Submitted By
ArDOI(Arkansas Deparbneoin{Tmnopnrtadcm)
City oYFayetteville Staff Review, Form
2QI7-0496
Legistar File ID
N/A '
City Council Meeting Date-xgenda Item Only
N/A for Non -Agenda Item
9/I4/2017 ENGINEERING (62I)
SubmitteFDate Division / Department
Action Recommendation:
Execution of an Agreement Of Understanding with ArDOT (Arkansas Department of Transportation) for the
implementation of Highway 112 Improvements between Highway 16 and Interstate 49. OnJanuary 3,Z0l7,City
Council passed Resolution 27-17 which approved the City's participation in this Partnering Agreement with ArDOT
and authorized the Mayor to execute all appropriate agreements and contracts necessary to expedite the
construction ofthis project. '
Budget Impact:
Account Number Fund
060353500 Hwy 112(Nop|e) Razorback tuGarland
Project Number
Budgeted Item? NA _
Does item have acost? NA
Budget Adjustment Attached? NA
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution # 27-17
Original Contract Number:
Comments:
Project Title
Approval Date: 0- Iq - r-1
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
RELATIVE TO
Implementation of Highway 112 Improvements between Highway 16 and Interstate 49 in
Fayetteville, Washington County (hereinafter called the "Projects").
WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed interest in
partnering with the Arkansas Department of Transportation (hereinafter called the "Department")
for the Projects; and
WHEREAS, Resolution No. 27-17 from the City agrees to contribute $3,358,600 for the
Projects and to accept ownership and responsibility of the portions of Highway 112 between
Highway 16 and Interstate 49 upon completion of the improvements; and
WHEREAS, Arkansas State Highway Commission Minute Order 2017-012 has authorized the
Director to enter into the necessary partnering agreements with the City for the Projects; and
WHEREAS, it is understood that the City and the Department will adhere to the General
Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business
Enterprises (DBEs) (Attachment A) and that, as part of these requirements, the Department may
set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and
related to the potential availability of DBEs in desired areas of expertise.
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. Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave.
(Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North
Street and from Leroy Pond Drive to the beginning of Job 040582:
a. Be responsible for $3,358,600 in project costs as shown in Attachment B for
Job 040582.
b. Be responsible for any increases in construction, right of way, or utility costs
resulting from changes in project scope proposed by the City.
c. Be responsible for any desired revisions to the current design of Job 040582, along
with associated engineering costs.
d. Be responsible for any costs resulting from inclusion of desired revisions in project
scope outside the Department's typical overlay design for the Highway 112 overlays.
e. Prepare plans, specifications, and a cost estimate for construction. A registered
professional engineer must sign the plans and specifications for the Project. (See
Attachment C for items to be included in the bid proposal.)
f. Understand that expenditures for work performed by the City's forces (including
preliminary and construction engineering, environmental documentation, and
right of way acquisition services) are not eligible for reimbursement with federal
funds.
g. Ensure that the plans and specifications comply with the Americans with Disabilities
Act (ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations,
including airport clearance when necessary, for the type of work involved.
h. Submit final plans for Department review.
i. Submit a certification letter (Attachment D), including all items noted, to the
Department when requesting authority to advertise the Projects for construction bids.
j. Advertise for bids in accordance with federal procedures as shown in Attachment E.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
k. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
1. After bids are opened and reviewed, submit a Certification Letter Requesting
Concurrence in Award (Attachment F), including all items noted, to the Department.
in. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction
meeting with the Contractor and invite the Department's Resident Engineer assigned
to the Project.
n. Make payments to the contractor for work accomplished in accordance with the plans
and specifications. Then request reimbursement from the Department for costs
exceeding $2,359,118 on the Construction Certification and Reimbursement Request
(CCRR) form (Attachment G). Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
o. Provide construction engineering and inspection services, including associated costs,
for the Project.
p. Attach LPA Report of Daily Work Performed (Attachment H) for all days that
correspond with each CCRR submittal.
q. Prior to executing the work, submit construction contract change orders to the
Department's Resident Engineer in charge of reimbursements for review and
approval.
r. Be responsible for any increased costs resulting from desired revisions in project
scope, whether during the design phase or during construction as a change order.
s. Upon completion of the Project, hold a final acceptance meeting for the Project and
submit the LPA Final Acceptance Report form certifying that the Project was
accomplished in accordance with the plans and specifications (Attachment I). This
form must be signed by the engineer performing construction inspection on the
Project, the Department's Resident Engineer assigned to the project, the City's full-
time employee in responsible charge, and the City's Mayor.
t. Upon completion of these improvements to Highway 112, accept ownership and
responsibility of the portion of Highway 112, Section 0 between Highway 16
(W. 15th Street) and Highway 112 Spur (Wedington Drive).
-2-
2. Be responsible for the following in relation to projects scheduled to widen Highway 112
between Poplar Street and Interstate 49:
a. Be responsible for hiring a consultant engineering firm(s) in accordance with the
Local Agency Consultant Selection Procedures (Attachment K) to provide
engineering services which include environmental documentation, preliminary
engineering, and construction engineering for the Project. NOTE: FHWA
authorization and Department approval must be given prior to issuing a work
order to the consultant for federal funds to be allowed in this phase.
b. Prepare plans, specifications, and a cost estimate for construction. A registered
professional engineer must sign the plans and specifications for the Project. (See
Attachment C for items to be included in the bid proposal.)
c. Understand that expenditures for work performed by the City's forces (including
preliminary and construction engineering, environmental documentation, and
right of way acquisition services) are not eligible for reimbursement with federal
funds.
d. Make periodic payments to the consultant for preliminary engineering for the Project
and request reimbursement from the Department. Reimbursement requests should be
submitted, at minimum, every three (3) months and not more than once per month.
e. Prepare the necessary environmental documentation as required by FHWA and
conduct any required public involvement meetings and public hearings.
f. Ensure that the plans and specifications comply with the Americans with Disabilities
Act (ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations,
including airport clearance when necessary, for the type of work involved.
g. Before acquiring property or relocating utilities, contact the Department's Right of
Way Division to obtain the procedures for acquiring right-of-way and adjusting
utilities in compliance with federal regulations. NOTE: Failure to notify the
Department prior to initiating these phases of work may result in all project
expenditures being declared non -participating in federal funds.
h. Acquire property in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (commonly referred to as the
"Uniform Act"), and request reimbursement from the Department
i. Ensure the preparation of utility adjustment and right-of-way plans are in accordance
with Arkansas State Highway Commission Policy.
j. Provide a copy of the registered deed or other approved documentation and an
appropriate certification stating the City's clear and unencumbered title to any right-
of-way to be used for the Project (See Attachment L). NOTE: Any property that is
to become Department right-of-way must be acquired in the Highway
Commission's name.
k. Submit plans at 10%, 30%, 60%, and 90% completion stages for Department review.
1. Submit a certification letter (Attachment D), including all items noted, to the
Department when requesting authority to advertise the Project for construction bids.
m. Advertise for bids in accordance with federal procedures as shown in Attachment E.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
ale
n. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
o. After bids are opened and reviewed, submit a Certification Letter Requesting
Concurrence in Award (Attachment F), including all items noted, to the Department.
p. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction
meeting with the Contractor and invite the Department's Resident Engineer assigned
to the Project.
q. Make periodic payments to the consultant for construction engineering for the Project
and request reimbursement from the Department. Reimbursement requests should be
submitted, at minimum, every three (3) months and not more than once per month.
r. Make payments to the contractor for work accomplished in accordance with the plans
and specifications and approved by the Department. Then request reimbursement
from the Department on the Construction Certification and Reimbursement Request
(CCRR) form (Attachment G). Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
s. Attach LPA Report of Daily Work Performed (Attachment H) for all days that
correspond with each CCRR submittal.
t. Prior to executing the work, submit construction contract change orders to the
Department's Resident Engineer in charge of reimbursements for review and
approval.
u. Be responsible for any increased costs resulting from desired revisions in project
scope that exceed typical highway design criteria, whether during the design phase or
during construction as a change order.
v. Upon completion of the Project, hold a final acceptance meeting for the Project and
submit the LPA Final Acceptance Report form certifying that the Project was
accomplished in accordance with the plans and specifications (Attachment 1). This
form must be signed by the engineer performing construction inspection on the
Project, the Department's Resident Engineer assigned to the project, the City's full-
time employee in responsible charge, and the City's Mayor.
w. Upon completion of these improvements to Highway 112, accept ownership and
responsibility of the portion of Highway 112, Section i between Highway 112 Spur
(Wedington Drive) and the northbound ramps of Interstate 49.
3. Notify the Department in writing who the City designates as its full-time employee to be in
responsible charge of the day to day oversight of the Projects (Attachment M). The duties
and functions of this person are to:
• Oversee project activities, including those dealing with cost, time, adherence to contract
requirements, construction quality and scope of Federal -aid projects;
• Maintain familiarity of day to day project operations, including project safety issues;
• Make or participate in decisions about changed conditions or scope changes that require
change orders and/or supplemental agreements;
• During construction, visit and review the project on a daily basis;
.• Review financial processes, transactions and documentation to ensure that safeguards are
in place to minimize fraud, waste, and abuse;
-4-
• Direct project staff, City or consultant, to carry out project administration and contract
oversight, including proper documentation;
• Be aware of the qualifications, assignments and on-the-job performance of the City and
consultant staff at all stages of the project.
4. Maintain accounting records to adequately support reimbursement with Federal -aid funds
and be responsible for the inspection, measurement and documentation of pay items, and
certification of all work in accordance with the plans and specifications for the Projects and
for monitoring the Contractor and subcontractor(s) for compliance with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements.
5. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or
incidental to the construction of said work or used in the course of said work including but
not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and
368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof.
6. 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.
7. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Attachment N).
8. Grant the right of access to the City's records pertinent to the Projects and the right to audit
by the Department and Federal Highway Administration officials.
9. Be responsible for 100% of all project costs incurred should the Project -not be completed as
specified.
10. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Attachment 0), which is necessary for Project participation.
11. Repay to the Department the federal share of the cost of any portion of the Projects if, for any
reason, federal participation is removed due to actions or inactions of the City, its agents, its
employees, or its assigns or the City's consultants or contractors or their agents. Such actions
or inactions shall include, but are not limited to, federal non -participation arising from
problems with design plans, specifications, construction, change orders, construction
inspection, or contractor payment procedures. The City understands and agrees that the
Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax
allotment should the City fail to pay to the Department any required funds, fail to complete
the Project as specified, or fail to adequately maintain or operate the Projects.
12. Be responsible for all costs not provided by the Federal Highway Administration or the
Department.
13. Repay to the Department the federal share of the cost of this project if for any reason the
Federal Highway Administration removes federal participation.
-5-
14. Retain total, direct control over the Projects throughout the life of all project improvements
outside of the Department's right-of-way and not, without prior approval from the
Department:
• sell, transfer, or otherwisc abandon any portion of the Projects;
• change the intended use of the Projects;
• make significant alterations to any improvements constructed with Federal -aid funds; or
• cease maintenance or operation of a project due to the Project's obsolescence.
15. Be responsible for satisfactory maintenance and operation of all improvements and for
adopting regulations and ordinances as necessary to ensure this. Failure to adequately
maintain and operate the Projects in accordance with Federal -aid requirements may result in
the City's repayment of federal funds and may result in withholding all future Federal -aid.
16. Submit to the Department a Single Audit in accordance with the Office of Management and
Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of
Federal -aid from any federal source including, but not limited to, the U.S. Department of
Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The
$500,000 threshold is subject to change after OMB periodic reviews.
17. Complete and transmit to the Department both pages of the Federal Funding Accountability
and Transparency Act (FFATA) Reporting Requirements (Attachment P).
18. Agree to promptly refund to the Department in full any and all revenue paid by the
Department based upon claims adjudicated by the Arkansas Claims Commission or other
legal forum sustained on account of the operations or actions of the City, including any act of
omission, neglect or misconduct of the City. This obligation survives the termination or
expiration of this Agreement.
THE DEPARTMENT WILL:
Be responsible for the following in relation to .lob 040582, Razorback Rd. -Garland Ave.
(Hwy. 112) (Fayetteville) (S) and overlays .on Highway H2 from Maple Street to North
Street and from Leroy Pond Drive to the beginning of Job 040582:
a. Be responsible for all funding beyond the City's share of Job 040582, except for any
increases in cost resulting from changes in project scope proposed by the City.
b. Provide the funding necessary to overlay the segments of Highway 112. Costs will
be limited to those associated with the Department's typical overlay design.
c. Maintain an administrative file for the project and be responsible for administering
Federal -aid funds.
d. Provide environmental clearance for Highway 112 overlays.
e. Review final plans and specifications submitted by the City.
f. Ensure substantial compliance with federal contracting requirements through review
of the bidding proposal for inclusion of required federal forms, review of the
administration of the DBE program provisions, and general compliance with
23 CFR 635.
g. Advise the City when to proceed with advertisement of the Project for construction
bids.
h. Review and concur in award of the construction contract for the Project.
i. Ensure that the City and the City's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the City's
representatives and their consultant to verify that the work being performed by the
City's contractor, and documented and certified by the City, meets the requirements
of the Project plans, specifications, and all applicable FHWA and Department
procedures. The Department intends to perform these inspections, at a minimum,
when the construction work is approximately 10% and 50% completed. The
Department will also participate in the final inspection of the Project.
J. Review and approve any necessary change orders for project/program eligibility.
k. Be responsible for increases in project costs due to change orders for normal bid item
adjustments.
1. Reimburse the City 100% for eligible construction costs approved in the CCRR form
(Attachment I). This reimbursement will be limited to the funding available at the
time payment is requested. If the payment requested exceeds the funding available at
the time, the difference will be reimbursed as additional funds for the Project become
available.
in. Subject to the availability of funding allocated for the Project, pay the City the
remaining amount due upon completion of the Project and submittal of the certified
LPA Final Acceptance Report form (Attachment K).
n. Upon completion of these improvements to Highway 112, remove the portion of
Highway 112, Section 0 between Highway 16 (W. 15th Street) and Highway 112
Spur (Wedington Drive) from the State Highway System and transfer ownership and
responsibility to the City.
2. Be responsible for the following in relation to projects scheduled to widen Highway 112
between Poplar Street and Interstate 49:
a. Provide the City the amount of funding necessary for all phases of work to develop
and construct the typical design section for an urban state highway, as shown on
Attachment J, for -this portion of Highway 112.
b. Evaluate the proposed typical design section versus the typical design section for an
urban state highway, as shown on Attachment J, and determine how any changes will
affect the estimated cost. City -requested changes to the typical design section that are
determined to be budget -neutral will not require additional funding from the City.
c. Maintain an administrative file for the project and be responsible for administering
Federal -aid funds.
d. Coordinate with the City to procure � required professional services such as design
consultants, construction engineering and inspection consultants, and right of way
consultants.
e. Review environmental documentation as prepared by the City.
f. Review plans and specifications submitted by the City.
g. Reimburse the City 100% for eligible professional services, procured using
Department -approved procedures, upon review and .approval of reimbursement
requests.
-7-
h. Notify the City when right-of-way and/or utility plans are approved and the City may
proceed with right-of-way acquisition and/or utility adjustments.
Ensure substantial compliance with federal contracting requirements through review
of the bidding proposal for inclusion of required federal forms, review of the
administration of the DBE program provisions, and general compliance with
23 CFR 635.
j. Advise the City when to proceed with advertisement of the Project for construction
bids.
k. Review and concur in award of the construction contract for the Project.
Ensure that the City and the City's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the City's
representatives and their consultant to verify that the work being performed by the
City's contractor, and documented and certified by the City, meets the requirements
of the Project plans, specifications, and all applicable FHWA and Department
procedures. The Department intends to perform these inspections, at a minimum,
when the construction work is approximately 10% and 50% completed. The
Department will also participate in the final inspection of the Project.
in. Review and approve any necessary change orders for project/program eligibility.
n. Be responsible for increases in project costs due to change orders for normal bid item
adjustments.
o. Reimburse the City 100% for eligible construction costs approved in the CCRR form
(Attachment. G). This reimbursement will be limited to the funding available at the
time payment is requested. If the payment requested exceeds the funding available at
the time, the difference will be reimbursed as additional funds for the Project become
available.
p.. Subject to. the availability of funding allocated for the Project, pay the City the
remaining amount due upon completion of the Project and submittal of the certified
LPA Final Acceptance Report form (Attachment I).
q. Upon completion of these improvements to Highway 112, remove the portion of
Highway 112, Section 1 between Highway 112 Spur (Wedington Drive) and
Interstate 49 from the State Highway System and transfer ownership and
responsibility to the City.
-8-
IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may 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, or fail to adequately maintain or operate the Project, the Department may cause such
funds as may be required to be withheld from the City's Motor Fuel Tax allotment.
IN ITNESS WHEREOF, the parties thereto have executed this Agreement this 14 day of
, 2017.
ARKANSAS DEPARTMENT OF
TRANSPORTATION 04Y Of FAYETTEVILLE
Scott E. Bennett, P.E. Lineld orlon
Director zM111
Kit liams
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 Vl 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 dircuted to Joanna P. McFadden Section Head -
F,EO/DBE (ADA/5041Titte VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following
email address: j tfint,;ut' fm t cii4�tnc • t wtig
Free language assistance for Limited English Proficient individuals is available upon request.
This notice is available from the ADA/5041Tille V1 Coordinator in large print, on audiotape and in Braille.
-9-
Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR
Part 26 have the maximum 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 26 to ensure that DBEs 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 disadvantaged business enterprise affirmative action program, which the
recipient agrees to carry out, this program is incorporated into this financial assistance
agreement by reference. 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 26, Subpart F, 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.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and
26.107 shall substitute 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 recipient deems appropriate.
(NOTE. Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
Project Information
o
Job Number Description tm° Phase Total Cost
Maple Street - North Street
0A7
Const+CENG
247,500
040582
Razorback Road - Garland Avenue
037
Utilities
640,882
Construction
4,250,000
CENG (10%)
425,000
SuVotal
5,315,882
Leroy Pond Drive - North 0.54 Const+CENG
192,500
Cify Funds
STRA Match Total
ESTIMATED ADDITIONAL STATE FUNDS
Additional Federal and State funding made available for
improvements if the City agrees to assume ownership and
maintenance of Hwy. 112 This amount will either be increased or
decreased based on the lowest responsive bid received that is
awarded to contract, This amount does not represent a minimum
or maximum of funding made available for the project
Federal Match Total
1,917,828
479.457
2.397,203
Note: Job 040582's construction cast estimate is based on the current design, City funds are capped at $3,358,600 in STP-A and matching funds. AHTD is committed to providing the full amount of gap funding necessary for
Job 040582, contingent upon receiving a responsive bid that is within an acceptable range of the engineers estimate. The City of Fayetteville will revise the current design to incorporate some desired changes.
Funding for any increases in scope will be the responsiblity of the City and will be added to the $3,358,600 cap amount. Once the project is let to contract an increase in cost due to added scope will be the
responsibility of the City, An increase in cost due to normal change in conditions will be the responsibility of the Department.
AHTD is committed to providing funds for the overlay projects using our basic design standards. Funding for any increases in.scope will be the responsiblity of the City and be added to the $3,358,600 cap amount,
9CSD11StatRplIP&C-DMLFPAIProgramsTadnedng4 Fayetieville_040582 Hwyl l2impAs&RouleDropUAltachmenisl&Fayelteville_040582 Hwy,112 Fayetleville Funding 8reakdovm.xlsx Attachment B
Attachment C
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECTS
1) FHWAA273
Each set of contract documents shall include FHWA-1273, "Required Contract Provisions,
Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273.
Copies of FHWA-1273 and supplements will be provided by the Department.
2) Anti -Collusion and Debarment Certification
The certification shall either be in the form of an affidavit executed and sworn to by the bidder
before a person who is authorized by the laws of the State to administer oaths or in the form of
an unswom declaration executed under penalty of perjury of the law of the United States. The
required form for the Anti -Collusion and Debarment Certification will be provided by the
Department. The certification includes:
Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or
corporation submitting the bid certifying that such person, firm, association, or corporation
has not, either directly or in -directly, entered into any agreement, participated in any
collusion, or otherwise taken any action, in restraint of free competitive bidding in
connection with the submitted bid.
* Debarment - A statement regarding debarment, suspension, ineligibility and voluntary
exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29).
Failure to submit the executed Certification as part of the bidding documents will make
the bid nonresponsive and not eligible for award consideration.
3) Lobbying Certification
This certification is required by 49 CFR 20. The form for this certification will be provided
by the Department.
4) Davis -Bacon Pre -determined Minimum Wage Rates
Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located
within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage
rates will be provided by the Department.
Attachment D
CERTIFICATION LETTER
REQUESTING AUTHORITY TO ADVERTISE FOR BIDS
wow
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
Re: Job #
Job Name.
County
The following documents are submitted concerning the referenced project:
1. One reproducible set of plans and specifications.
2. A copy of the engineer's estimate of cost.
3. Copies of any technical specifications or special provisions.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the
plans and specifications comply with the Americans with Disabilities Act (ADA), the American
Association of State Highway and Transportation Officials (AASHTO) design standards, and all
other applicable state and federal regulations, including airport clearance when necessary, for the
type of work involved.
I understand that if any project items are declared non -participating in fcderal funds due to
failure to comply with any State or federal requirements, the City will promptly repay such funds
to the Arkansas Department of Transportation (ArDOT). Further, I hereby authorize the Director
of the Arkansas State Department of Finance and Administration to transfer such funds from the
City's gasoline tax allotment to the ArDOT's RRA Fund upon notification by the Director that
such funds are due ArDOT and have not been paid by the City.
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(City's CEO)
Enclosures
Attachment E
GUIDELINES FOR ADVERTISING AND OPENING BIDS
FEDERAL -AID PROJECTS
Upon receipt of written authorization from the Arkansas Department of Transportation, the
project may be advertised for bids. The following minimum guidelines for advertising must be
met:
• The minimum advertising period is three weeks.
• In addition to meeting the State requirements for advertising for construction projects, the
project must be advertised a minimum of two times in a statewide newspaper.
+ The notice must contain: (1) the time, date, and place that sealed bids are to be accepted,
opened, and publicly read; (2) a brief description of the kind or type of work contemplated;
and (3) the place at which prospective bidders may obtain plans and specifications.
• The City will include the following language in the solicitation forbids:
"The City hereby notifies all bidders that this contract is subject to applicable tabor
laws, non-discrimination provisions, wage rate laws and other federal laws
including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962
and Title VI of the Civil Rights Act of 1964 also apply."
+ All bids received in accordance with the terms of the advertisement shall be publicly opened
and at a minimum, the total amount bid must be read (the City may choose to read the bids
item by item).
• If any bid received is not read aloud, the name of the bidder and the reason for not reading
the bid aloud shall be publicly announced at the letting.
+ In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and
licensing contractors must be approved by the Federal Highway Administration.
• Negotiation with contractors during the period following the opening of bids and before
the award of the contract is not permitted.
Attachment F
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
WM
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little. Rock, AR 72203
Dear Mr. Banks:
Re: Job #
Job Name
County
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with the
regulations governing Federal -aid projects and all other applicable state and federal regulations,
and that this process has been reviewed and approved by the City Attorney. Additionally, I
certify that the bid is being awarded to the lowest responsive and qualified bidder and that there
has not been, nor will there be, any negotiations with the contractor or other bidders regarding the
amount bid.
Your concurrence in the award of this contract to CONTRA CTOR.is requested.
Sincerely,
Mayor
City Attorney
Enclosures
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
Revised: 7/25117
PAGE 1 OF 2 PAGES
Job No,: Payee/City: DATE:
FAP: address
County PAY REQUEST #
Job Name,:
Federal Tax ID No,. FROM: TO:
1 Original Contract Amount
2 Net Changes by Change Orders
3 Present Contract Total
4 Work Completed to Date
5 Previous Reimbursements
6 Amount Due this Estimate
(subtract Line 5 from Line 4)
s •
Total changes previously approved
ADDITIONS
DEDUCTIONS
Total approved this Request Period
TOTALS
NET CHANGES by Change Order
(Line 2 above)
By:
Title:
By:
Title:
The information provided in this document is true and correct and I
recommend that payment be made to the Contractor for this work.
Date:
Payment is requested from the Arkansas Department
of Transportation for the Amount Due. I certify that the
Contractor and/or subcontractor(s) are complying with the provisions
of FHWA•1273, Required Contract Provisions, Federal -aid Construction
Contracts, and Supplements; that the work has been completed by the
Contractor in accordance with the plans and specifications; and that
the Contractor has been paid for this work.
Date:
DEPARTMENT USE ONLY
Recommended for Payment in Approved for Payment PAID
Accordance with Project Agreement
Resident Engineer
State Construction Engineer
Voucher No,
Date:
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
3 NUMBER:
FAP:
JOB NAME:
CITY:
Revised: 3/13117
PAGE 2 OF 2 PAGES
REQUEST NO: DATE:
FROM:
CONTRACTOR:
TO,
A
B
C
D
E
F
G
H
I
ITEM
%
DESCRIPTION OF WORK
SCHEDULED
VALUE
WORK COMPLETED
MATERIALS
PRESENTLY
STOCKPILED
NOT IN D or E)
TOTAL
COMPLETED &
STOCKPILED
TO DATE (D+E+F)
%
COMPLETED
(G + C)
BALANCE
TO FINISH
(C • G)
PREVIOUS
REQUESTS
THIS PERIOD
GRAND TOTALS
Attachment G
COPY OF CITY' S PAYMENT Co HECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM
Attachment H
CITY
LPA Report of Daily Work Performed
Job Name: Job No::
FAP No.: Contractor:
Date: Hours Worked: — Report No.:
Project Conditions
Site Conditions Weather Number of Contractor's
Personnel
Useable Sunny Laborers
Partly Useable Partly Cloudy Carpenters
Not Useable Rain Concrete Laborers
Min Temp. (F)
Max Temp. F
Comments
Rainfall Amt. (in.)
Equip, Operators
Electricians
Plumbers
Foreman
Other
Other
ILocation and Description of Work Performed 1
Special Instructions and/or Conversations
Signed:
Designated Full-time Employee
Attachment I
CITY
LPA Final Acceptance Report
Job Name:
Date:
Job No:
FAP No:
County:
Route:
Contractor:
__TDate Work Began:
Date Work Completed:
Attendees:
Remarks:
Project Completed in Substantial
Compliance with Plans and Specifications
and Recommended for Final Acceptance by
City
Recommended for Acceptance in
Accordance with Project Agreement
Engineer
ArDOT Resident Engineer
Project Recommended for Acceptance
Designated Full-time Employee:
I certify that the Contractor and/or subcontractor(s) have complied with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements; that the project has been completed by the Contractor in accordance with
the plans and specifications; that the Contractor has been paid for this work, and the
project is hereby accepted.
CITY's CEO
E
i
tpN II�J' o o„ Q lLtii .. q'•0 LINT q',v TURN LAK4 04" kart ..�..._._._....._....._..� � I bpi .... �..
HWY.XXX-FULL DEPTH
C.C.C. & G. LT. & RT.
TYPICAL SECTIONS OF IMPROVEMENT
Attachment J
Attachment K
LOCALAGENCY
CONSULTANT SELECTION PROCEDURES
Section 1— Application
These procedures apply to federally funded contracts for engineering and design
services for projects. The federal laws and regulations that govern the procurement of
engineering and design related services with Federal -aid highway funds are:
23 U.S.C. 112 "Letting of contracts".
23 CFR 172 "Administration of Engineering and Design Related Service
Contracts",
• 49 CFR 18 "Uniform Administration Requirements for Grants and
Cooperative Agreements to State and Local Governments" or more
commonly known as the "Common Rule",
• 40 U.S.C. Chapter 10 Subchapter VI, paragraphs 541-544 or commonly
called the "Brooks Act".
In accordance with the above federal laws and regulations, the Arkansas
Department of Transportation (ArDOT) has approved these procedures for use by the
Local Agency for the "competitive negotiation" method of procurement as defined in 23
CFR 172.5, Methods of Procurement.
The Local Agency will use these procedures for Federal -aid contracts and may
elect to use them for non -Federal -aid contracts.
These procedures do not apply to design -build Contracts.
Section it — Advertisement for Letters of Interest (LOls).
The Local Agency may employ a consultant engineering firm when a need exists
for engineering services and it is in the Local Agency's best interest to employ an
engineer or engineering firm.
As a minimum, the Local Agency will advertise in a statewide newspaper, the
ArDOT's website and the Local Agency's website (if available), advising that consultant
engineering services are being sought. In addition, the Local Agency may advertise in
appropriate national trade magazines or websites for specialized services. Interested
firms must furnish a Letter of Interest with primary contact information and Architect -
Engineer Qualifications Standard Form 330 Parts I and II. The advertisement will be
for either a specific single project, a group of projects, or for an indefinite delivery of
projects to be determined at a later date with specific task orders issued for each
project.
Attachment K
When the Local Agency advertises a specific project, the advertisement will
describe the work in general terms so that firms may evaluate their interest in
performing the desired services.
When the Local Agency advertises a group of projects, a general description of
work will be furnished. Firms will be asked to specify the projects they are interested in
performing. When the Local Agency decides to proceed with a certain project, those
firms having expressed interest in that project will be considered for selection.
When the Local Agency advertises for an indefinite delivery of projects with later
specified task orders, the advertisement will include a general description of work for the
project tasks.
Section III — Selection Committee.
The Local Agency will designate a Selection Committee (Committee) to evaluate
and analyze the LOls and Proposals.
Section IV — Evaluation of LOIs.
The Committee will evaluate each consultant firm based on the following:
No.
Evaluation Factors for LOIs
Maximum Points
Possible
Professional staff including the education, experience,
1
number of personnel available, and any partnerships
10
with sub -consultants
General and professional reputation, including
2
responsiveness to civil rights and equal employment
10
opportunity requirements and opportunities
3
Past work performance
10
4
Experience with projects of a similar nature as those
10
advertised
Total Points for LOI
40
Following their review, the selection committee will prepare a short list of
engineering firms and recommend to the Local Agency that these firms submit detailed
proposals for.further evaluation.
Section V — Request for Proposal (RFP).
The Local Agency will prepare a scope of work statement and request proposals
from the engineering firms on the short list. For projects with FHWA oversight, the
Local Agency will forward the scope of work statement to ArDOT to forward to FHWA
for review and approval before soliciting RFPs. A Local Agency's scope of work will
typically include the following:
K
Attachment K
1. A detailed description of the work
2. Services that will be furnished by the Local Agency
3. Services expected of the consultant
4. Project conditions of the work
5. Special conditions of the work
6. Assurance of participation of Disadvantaged Business Enterprises
(DBE) in Federal -aid projects. The Local Agency may establish a DBE
goal of a certain percentage of the work for DBE's to assure DBE's
participation in Federal -aid projects. When a DBE goal is specified,
the Local Agency will ensure that a certified DBE(s) performs the
identified engineering work and that the payments to the DBE(s) verify
that the goal was reached. The establishment of a DBE goal does not
preclude a DBE from being the prime consultant for the project.
The short-listed firms should submit proposals that contain the following:
1. A cover letter with primary contact information
2. A detailed work plan that identifies the major tasks of work
3. A list of major concerns associated with completing the work
4. A detailed work schedule for specific projects as requested
5. A manpower estimate for specific projects as requested
6. Updated Standard Form 330 Parts I and II if necessary
The Committee will review the proposals with particular attention to the following
evaluation factors and the consideration of Section IV. The evaluation factors and
their relative importance will be listed in the 'RFP if any of the factors are different from
the list below.
No.
Evaluation Factors for Proposals
Maximum PointsPossible
1
Obvious indication that the scope of work is clearly
understood
10
2
Comprehensive, coherent, and detailed work plan
10
3
Realistic work schedule when applicable
10
4
Proposed working office location, need for a local
office, and any local representative*
5
5
Identification of sub -consultants and responsiveness to
DBE goals and opportunities
5
6
Total Points for LOI
40
Total Points for Proposals.1
80
'Locality preference may be used on a project by project basis where it is not based on political
boundaries.
Based on these various items, the Committee will rank the firms in order of
preference and submit the list to the Local Agency who will either:
1. Select one firm to enter negotiations with;
3
Attachment K
2. Select multiple firms for an indefinite delivery contract; or
3. Select two or more firms to interview (a firm may present additional
information concerning their proposal at the interview). After the
interviews, the Committee will re-evaluate the firms based on the
interview and the same evaluation factors as noted previously. The
ranked list will be submitted to the Local Agency for review and final
selection.
The contract file will contain records of the rankings and supporting data;
however, the rankings will not be public information. Copies of the LOI advertisement,
the rankings, and supporting data shall be submitted to ArDOT for the contract file.
Section VI — Negotiation and Contract Preparation.
Once a firm is selected for negotiation for a specific job or a group of projects, it
will prepare a draft contract including a cost estimate for the project. The other firms on
the short list will be advised of the firm selected, subject to successful negotiations.
More than one firm may be selected for an indefinite delivery contract. The
contract will establish a maximum cost for the contract as well as an expiration date. As
individual task orders are issued, individual task order cost estimates will be negotiated.
The selected firm will prepare a draft contract based on a sample contract
furnished by the ArDOT. In accordance with the principles of 23 CFR 172, the draft
contract must include an overhead rate that is approved by the ArDOT. The overhead
rate shall be verified by an audit by a certified public accountant on behalf of the
consultant if the contract exceeds $250,000. If the contract is less than $250,000, the
overhead rate shall also be verified by an audit by a certified public accountant on
behalf of the consultant if at least one of the following conditions applies:
1. when there is insufficient knowledge of the consultant's accounting
system;
2. when there is previous unfavorable experience regarding the reliability
of the consultant's accounting system; or
3. when the contract involves procurement of new equipment or supplies
for which cost experience is lacking.
Pursuant to this requirement, the ArDOT will notify the Local Agency if an audit
by a certified public accountant for the selected firm is necessary. The certified audit
needs to be provided by the selected firm prior to the submission of the final draft
contract.
The Local Agency will review the draft contract proposal and either approve it as
submitted or enter into negotiations with the selected firm to establish a contract and
contract amount that the Local Agency deems is fair and reasonable. if a satisfactory
contract cannot be negotiated with the selected firm, negotiations will be formally
terminated. The Local Agency will then enter into negotiations with the second ranked
firm. If negotiations with that firm fail, the Local Agency will formally terminate those
4
Attachment K
negotiations and begin to negotiate with the third ranked firm, and so on. If the Local
Agency cannot negotiate a satisfactory contract with any of the firms on the short list,
the Local Agency shall either:
1. Request proposals from additional firms who have submitted LOIs and
are considered competent and qualified; evaluate and rank the firms
based on the criteria described in Section V; and continue the
negotiation process, or
2. Terminate all negotiations and begin the selection process again.
When the Local Agency and the consultant agree on a negotiated contract, the
consultant will prepare a final draft and submit it to the Local Agency and ArDOT for
review. After review and a determination that it is acceptable, the consultant will sign
the contract. The Local Agency will then execute the contract. The contract will
subsequently be submitted to ArDOT for final review and approval. When approved,
copies of the signed contract will be distributed within. the Local Agency and to the
consultant.
For projects with FHWA oversight and for indefinite delivery contracts utilizing
federal funds, the ArDOT will forward the initial and final drafts of the contract to FHWA
for review and comment. The FHWA approves the final executed contract by stamp
and signature and retains a copy.
After the Local Agency executes an indefinite delivery contract, it will assign
specific projects by task order for the duration of the contract period. The consultant will
prepare each task order based on. the scope of work furnished by the Local Agency.
The task order will include a manpower estimate and cost. The Local Agency will
review the task order and approve it as submitted or negotiate with the consultant to
establish a task order and task order amount that the Local Agency deems is fair and
reasonable, After review and a determination that the task order is acceptable, the
consultant will sign the task order. The Local Agency will execute the task order. The
task order will -subsequently be submitted to ArDOT for final review and approval. When
approved, copies of the signed task order will be distributed within the Local Agency
and to the consultant. For projects with FHWA oversight, the ArDOT will forward the
initial and final drafts of the task order to FHWA for review and comment. The FHWA
approves the final executed task order by stamp and signature and retains a copy.
Section VII — Monitoring the Contract.
The Local Agency may identify staff members as key liaisons for specific projects
or for technical matters during the administration of the contract period.
The Local Agency will:
1. Maintain the contract files.
2. Arrange and attend periodic progress meetings.
3. Coordinate reviews and approval actions with other agencies when
necessary.
A
Attachment K
4. Review progress payments.
5. Coordinate questions from the consultant.
6. Negotiate any change or amendment to the contract and submit to
ArDOT for review and approval.
7. Prepare an evaluation of the consultant's performance after completion
of the contract. A copy of the evaluation shall be submitted to the
ArDOT.
Section Vill — Consultant Liability
The Local Agency will include a contract requirement that the consultant will
warrant that all services and work products provided as part of the contract are free
from defects in workmanship at the time of acceptance and that the work conforms to
the requirements of the contract. This warrant is effective regardless of the degree of
inspection and acceptance by the Local Agency or others.
If the consultant is required to correct or re -perform any work or services, the
work will be performed at no cost to the Local Agency, and any work or services
corrected or re -performed by the consultant shall also be warranted that it is free from
defects in workmanship. If the consultant fails or refuses to correct or re -perform, the
Local Agency may, by contract or otherwise, correct or replace the deficient items or
services with similar work or services, and charge the cost to the consultant or make an
equitable adjustment in the consultant's reimbursement.
Acceptance is an act of an authorized representative of the Local Agency by
which the Local Agency approves specific services, as partial or complete performance
of the contract. Correction is the elimination of a defect.
C-1
Attachment L
CITY LETTERHEAD
JOB NUMBER
JOB DESCRIPTION
COUNTY
Title to the right of way necessary for the construction of this project has been acquired, or will be
acquired, in accordance with applicable Federal Highway Administration procedures.
j indicate total number in each category here. Delete any categories not used in this job.
Tract(s)
Options(s)
_ Paid
Donation(s)
Negotiation Pending* - include tract number(s) and statement: "It is anticipated that
this/these tracts) will be acquired by (date). "
_ Condemnation(s) — (include Order of Possession date or date the Court Order was filed)
Condemnation(s) Pending* - include tract number(s) and anticipated filing date
* If applicable
.delete the statement in each pair that does not apply
There are no displacees on this project.
MOn
Relocation Assistance has been provided in accordance with applicable Federal Highway
Administration procedures and all displacees have moved from this project. There was/were #
displaced (reaitlenct (r)/bi4sirress((,-s}ft}er'sonal property/iI on the project.
There are no structures located within the right of way area.
-Or-
All structures have been removed.from this project, except for those to be included as demolition
items in the highway contract.
No conflicting utilities are known to exist in the right of way area.
-Or-
Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status
Report.
There are no railroads involved on this project
-OR-
Tract(s) #_ shown above include(s) # (Permanent/Temporary Construction Easements) for
Railroad.
No right of way in excess of that needed for construction or future maintenance of this project was
acquired.
Certified by: Date:
(Type name)
(Type title)
City Letterhead
(Designating Full -Time Employee
in Responsible Charge)
DA TE
Mr. Jared D. Wiley
Division Engineer — Program Management
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Wiley:
Re: Job Name
CountV
Attachment M
The full-time employee in responsible charge of the day to day oversight for the referenced
project will be (insert &WL� lr yee s hame j. This letter certifies that the employee is aware of the
duties and functions they are in charge of as outlined in the Agreement of Understanding. They
can be contacted at (inserl.phone_numbei) or at finseri email acklre.ss).
Attachment N
49 CFR 18.42
UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS TO STATE AND FOCAL GOVERNMENTS
Post -Award Requirements
Retention and access requirements for records.
(a) Applicability. (1) This section applies to all
financial and programmatic records, supporting
documents, statistical records, and other records of
grantees or subgrantees which are:
(i) Required to be maintained by the terms of this
part, program regulations or the grant agreement, or
(ii) Otherwise reasonably considered as pertinent to
program regulations or the grant agreement.
(2) This section does not apply to records maintained
by contractors or subcontractors. For a requirement to
place a provision concerning records in certain kinds of
contracts, see Sec. 18.36(i)(10).
(b) Length of retention period. (1) Except as
otherwise provided, records must be retained for three
years from the starting date specified in paragraph (c) of
this section.
(2) If any litigation, claim, negotiation, audit or other
action involving the records has been started before the
expiration of the 3-year period, the records must be
retained until completion of the action and resolution of
all issues which arise from it, or until the end of the
regular 3-year period, whichever is later.
(3) . To avoid duplicate rccordkeeping, awarding
agencies may make special arrangements with grantees
and subgrantees to retain any records which are
continuously needed for joint use. The awarding agency
will request transfer of records to its custody when it
determines that the records possess long -terra retention
value. When the records are transferred to or maintained
by the Federal agency, the 3-year retention requirement
is not applicable to the grantee or subgrantee.
(c) Starting date of retention period--(1) General.
When grant support is continued or renewed at annual
or other intervals, the retention period for the records of
each funding period starts on the day the grantee or
subgrantee submits to the awarding agency its single or
last expenditure report for that period. However, if grant
support is continued or renewed quarterly, the retention
period for each year's records starts on the day the
grantee submits its expenditure report for the last quarter
of the Federal fiscal year. In all other cases, the retention
period starts on the day the grantee submits its final
expenditure report. If an expenditure report has been
waived, the retention period starts on the day the report
would have been due.
(2) Real property and equipment records. The
retention period for real property and equipment records
starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or
subgrant support. In some cases grantees must report
income after the period of grant support. Where there is
such a requirement, the retention period for the records
pertaining to the earning of the income starts from the
end of the grantee's fiscal year in which the income is
earned.
(4) Indirect cost rate proposals, cost allocations
plans, etc. This paragraph applies to the following types
of documents, and their supporting records: indirect cost
rate computations or proposals, cost allocation plans,
and any similar accounting computations of the rate at
which a particular group of costs is chargeable (such as
computer usage chargeback rates or composite fringe
benefit rates).
(i) If submitted for negotiation. If the proposal, plan,
or other computation is required to be submitted to the
Federal Government (or to the grantee) to form the basis
for negotiation of the rate, then the 3-year retention
period for its supporting records starts from the date of
such submission.
(ii) If not submitted for negotiation. If the proposal,
plan, or other computation is not required to be
submitted to the Federal Government (or to the grantee)
for negotiation purposes, then the 3-year retention
period for the proposal plan, or computation and its
supporting records starts from the end of the fiscal year
(or other accounting period) covered by the proposal,
plan, or other computation.
(d) Substitution of microfilm. Copies made by
microfilming, photocopying, or similar methods may be
substituted for the original records.
(e) Access to records --(I) Records of grantees and
subgrantees. The awarding agency and the Comptroller
General of the United States, or any of their authorized
representatives, shall have the right of access to any
pertinent books, documents, papers, or other records of
grantees and subgrantees which are pertinent to the
grant, in order to make audits, examinations, excerpts,
and transcripts.
(2) Fxpirutiun ujright of access. The right of access
in this section must not be limited to the required
retention period but shall last as long as the records are
retained.
(f) Restrictions on public access. The Federal
Freedom of Information Act (5 U.S.C. 552) does not
apply to records unless required by Federal, State, or
local law, grantees and subgrantees are not required to
permit public access to their records.
(Revised as of October 1, 19971
Attachment O
CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his knowledge and belief that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement,
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an ,
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions,
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including sub grants, and
contracts and subcontracts under grants, sub grants, loans and cooperative
agreements) which exceed $100,000, and that all such sub recipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not Lass than $10,000 and not more than $100,000 for each
such failure. '1/
of Fayetteville
t
Attachment P
Federal Funding Accountability and Transparency Act (FFATA)
Reporting Requirements
(For more information go to https:11www.fsrs.gov0
FFATA was signed on September 26, 2006, The intent is to empower every American with
the ability to hold the government accountable for each spending decision. The end result is to
reduce wasteful spending in the government. The FFATA legislation requires information on
federal awards (federal financial assistance and expenditures) be made available to the public via
a single, searchable website, which is www.USASpending.gov.
A Prime Grant Recipient (hereinafter called ArDOT (the Arkansas Department of
Transportation)) awarded a new Federal grant greater than or equal to $25,000 as of
October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of
Management and Budget guidance issued August 27, 2010. ArDOT is required to file a FFATA
sub -award report for any sub -grant awarded to a sub-awardee greater than or equal to
25 000. As a sub-awardee, 4',1'l7-Z � ,Y.�Ti2~ Y/G t shall
provide the following information to ArDOT in order to fulfill FFATA reporting requirements:
A unique identifier (Dun & Bradstreet DUNS Number) of the sub-awardee receiving the
award and the parent entity of the recipient, should the.sub-awardee be owned by another
entity;
The names and total compensation of the five most highly compensated officers of the
sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent
or more of its annual gross revenues in Federal awards; and $25,000,000 or more in
annual gross revenues from Federal awards; and the public does not have access to
information about the compensation of the senior executives of the sub-awardee through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See
FFATA § 2(b)(1).
Page 1 of 2
Attachment P
Required Sub-Awardee Information
(A) Sub-Awardee — DUNS Number: 61�%'�.s�
Parent (if applicable) — DUNS Number:
(B) In the preceding completed Federal fiscal year, did your business or organization (the legal
entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of
its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants,
and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from
U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative
agreements?
Yes / & (Circle one)
If "Yes" is selected, answer (C).
(C) Does the public have access to information about the compensation of the executives in your
business or organization (the legal entity to which the DUNS number entered above belongs)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
Yes 1 No (Circle one)
If "Yes" is selected, visit htfp:llwww.sec.govledgar.shtml for reference.
If "No" is selected, answer (D).
(D) If "No" was selected in Question "C", complete the following information for the five (5)
most highly compensated executives in your business or organization (the legal entity to
which the DUNS number entered above belongs), Amount should reflect the Total
Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars.
Sub-Awardee Names and Compensation of Most Highly Compensated Officers
Name:
Amount: $
2. Name: Amount:
3, Name:
4. Name:
Amount: $
Amount: $
5. Name: Amount: $
Page 2 of 2
OF PAYE r,.
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 27-17
File Number: 2016-0666
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO PARTNERING
AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD AND
GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112
BETWEEN 15TH STREET AND INTERSTATE 49 AS A CITY STREET.
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as follows:
1. The Department was responsible to fund and handle project development, which is complete. The
Department is also responsible for advertising, awarding the bid, and providing construction inspection,
2. The City is to fund utilities, construction and construction inspection; and
WHEREAS, "bids were received twice on this project, and each time the low bid was significantly over
the City's budget; and
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
follows:
1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on
Attachment A to this Resolution. The Department will provide the gap funding needed to construct the
project.
Page 1 Printed on 114117
Resolution: 27-17
File Number. 2016-0666
2. The City will revise the current design. However, any increase in the current scope that results in a
higher project cost will be the responsibility of the City and will be in addition to the cap amount of
$3,358,600.
3. The Department will advertise and award the project. The City may inspect the project. The
Department will inspect the project if requested by the City.
4. Once the project is let to contract,, an increase in cost due to added scope by change order will be the
responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment will
be the responsibility of the Department.
5. The Department will fund the cost to overlay the segments from Maple Street to North Street and from
Leroy Pond Drive north to the beginning of Job 040582. The City may develop, advertise, award and inspect
the project. The Department will provide these services if requested by the City. Any additional scope items
to the Department's typical overlay design that add cost to this improvement will be the responsibility of the
City.
6. The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020 (STIP)
includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to
handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to
Interstate 40. The Department will provide the amount of funding necessary for all phases of work to
develop and construct the typical design section for an urban state highway as shown on Attachment B to
this Resolution. The cost of additional features outside of this standard scope that increase the total cost
beyond that of the typical design section will be the responsibility of the City, and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume ownership
and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown on Attachment
C to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, A.RKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the City's
participation in this Partnering Agreement in accordance with its designated responsibilities in this project.
Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to execute all
appropriate agreements and contracts necessary to expedite the construction of this project.
Page 2 Primed on 114117
Resolution: 27-17
File Number. 2016-0666
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support and
hereby requests that the Arkansas State Highway and Transportation Department initiate action to
implement this project.
PASSED and APPROVED on 1I312017
Attest:
o°% n °
�l
Y I
' ,p�.o
Sandra E. Smith, City Clerk Treasuree 4 R
Sp FAYF-TTcVILUL'.:
es4AG lIiT' �
Page 3 Printed on 114117
S
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0666
Agenda Date: 1/3/2017 Version: 1 Status: Passed
In Control: City Council Meeting
File Type: Resolution
Agenda Number: C. 4
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING
AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD
AND GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112
BETWEEN I STH STREET AND INTERSTATE 49 AS A CITY STREET
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as follows:
1. The Department was responsible to fund and handle project development, which is complete. The
Department is also responsible for advertising, awarding the bid, and providing construction inspection.
2. The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly over
the City's budget; and
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
follows:
1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on
Attachment A to this Resolution. The Department will provide the gap funding needed to construct the
project.
2. The City will revise the current design. However, any increase in the current scope that results in a
higher project cost will be the responsibility of the City and will be in addition to the cap amount of
$3,358,600.
3. The Department will advertise and award the project. The City may inspect the project. The
Department will inspect the project if requested by the City.
4. Once the project is let to contract, an increase in cost due to added scope by change order will be the
City of Fayetteville, Arkansas Page 1 Printed on 1/4/2017
File Number 2016-0666
responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment
will be the responsibility of the Department.
5. The Department will fund the cost to overlay the segments from Maple Street to North Street and
from Leroy Pond Drive north to the beginning of Job 040582. The City may develop, advertise, award
and inspect the project. The Department will provide these services if requested by the City. Any
additional scope items to the Department's typical overlay design that add cost to this improvement will
be the responsibility of the City.
6. The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020 (STIP)
includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to
handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to
Interstate 49. The Department will provide the amount of funding necessary for all phases of work to
develop and construct the typical design section for an urban state highway as shown on Attachment B
to this Resolution. The cost of additional features outside of this standard scope that increase the total
cost beyond that of the, typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume
ownership and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown
on Attachment C to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City, of Fayetteville, Arkansas hereby approves the City's
participation in this Partnering Agreement in accordance with its designated responsibilities in this
project.
Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to
execute all appropriate agreements and contracts necessary to expedite the construction of this project.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support
and hereby requests that the Arkansas State Highway and Transportation Department initiate action to
implement this project.
City of Fayetteville, Arkansas Page 2 Printed on 11412017
City of Fayetteville Staff Review Form
2016-0666
Eegistar File ID
1/3/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
J
Chris Brown 12J26/2016 Engineering
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a Resolution to Enter into a Partnering Agreement with the Arkansas Highway and Transportation
Department to complete certain segments and to Transfer Right of Way Jurisdiction to the City for Highway 112
from 15th Street to I-49
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Fund
Project Title
Remaining Budget $ -
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
Myi( , PIT le CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF JANUARY 3, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Chris Brown, City Engineer C6
DATE: December 16, 2016
SUBJECT: Resolution to Enter a Partnering Agreement with the Arkansas Highway
and Transportation Department to complete certain segments and to
Transfer Right of Way Jurisdiction to the City for Highway 112 from 15th
Street to 1-49
RECOMMENDATION:
Staff recommends approval of a resolution to partner with the AHTD to widen and improve
portions of Highway 112 between 15"' Street and 1-49, and to agree, to the transfer of this
segment from the AHTD to the City.
BACKGROUND:
Highway 112 is an Arkansas Highway and Transportation Department (AHTD) owned facility
that functions as a major north -south arterial connecting 1-49 to the north and Highway 71 to the
south, and serves as the main north -south entrance to and access through the University of
Arkansas. Over the past several years, segments of the roadway have been widened and
improved through and near the campus, through a series of partnerships between the City, the
UA, and the AHTD. The UA has planted and maintained the landscaping and trees on
segments through campus and to the south of the. campus since the completion of the widening
and improvements.
In 2014, the City secured an additional $2.4 million in federal -aid funding for another segment of
this route, between Garland Avenue and Razorback Road. However, construction bids received
for the project have been over $4 million on two separate bidding occasions. This has stalled
the construction of the project.
Remaining segments between 151' Street and k49 that have not been widened or improved
include Razorback Road, from Maple Street to Leroy Pond Drive, and Garland Avenue from
Poplar Street to 1-49,
DISCUSSION:
After the 2"d time receiving bids over $4 million on the Maple to Razorback segment of Highway
112, the City and UA met with the AHTD and began discussing an arrangement whereby the
AHTD would provide funding to complete the construction of this segment, in exchange for the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City taking over the roadway as a City street. Ultimately, the attached proposal was developed
by the AHTD, which includes:
1. The AHTD will provide additional funding to complete the improvements to the Garland to
Razorback Road segment of Highway 112, and to overlay 112 on either side of this project,
to provide a new condition roadway through the entire campus.
2. The AHTD will complete widening and improvements, to Highway 112 north of Poplar to
Van Asche, at no cost to the City. The City will be allowed to manage the design of the
project.
3. In exchange, the City will accept Highway 112 between 15th Street and 1-49 for
maintenance in perpetuity; the route will be removed from the state highway system and
will become a City street.
BUDGET/STAFF IMPACT:
While the proposed resolution does, not obligate any City funds, subsequent agreements and
construction contracts will require matching funds in the amount of $958,600. The UA has
agreed to provide 50% of this amount per the attached letter; therefore, the cost to the City will
be a maximum of $479,300. Funds are available in the Transportation Bond Program for this
match amount.
Operational costs to the City in the short term are expected to be minimal due to the new
condition of the majority of the section to be transferred to the City. Over the long term, overlay
and other pavement maintenance costs will be the most significant expenses expected.
Attachments:
Resolution
Cost Spreadsheet
Map of proposed improvements and segment to be transferred to City
Letter from UA
R
IN*4111iffyr[$] II►I[�a
A RESOLUTION ALLOWING THE CITY OF FAYETTEVILLE
TO ENTER INTO A PARTNERING AGREEMENT WITH
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
FOR:
Job 040582, Razorback Road - Garland Avenue a hhwway 112) (Fayettevi!!e)
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as
follows:
• The Department was responsible to fund and handle project development, which is
complete. The Department 'is also responsible for advertising, awarding the bid, and
providing construction inspection.
• The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly
over the City's budget; and
follows:
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
• The amount of City funds available for Job 040582 is capped at $3,358,600 as shown on
Attachment A. The Department will provide the gap funding needed to construct the
project;
✓ The City will revise the current design. However, any increase in the current
scope that results in a higher project cost will be the responsibility of the City and
will be in addition to the cap amount of $3,358,600;
✓ The Department will advertise and award the project. The City may inspect the
project. The Department will inspect the project if requested by the City;
✓ Once the project is let to contract, an increase 'in cost due to added scope by
change order will be the responsibility of the City. An increase in cost due to a
change order for a normal bid item adjustment will be the responsibility of the
Department;
The Department will fund the cost to overlay the segments from Maple Street to North
Street and from Leroy Pond Drive north to the beginning of Job 040582. The City may
develop, advertise, award and inspect the project. The Department will provide these
II
In
services if requested by the City. Any additional scope items to the Departments typical
overlay design that add cost to this improvement will be the responsibility of the City;
• The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020
(STIP) includes a project to widen Highway 112 from Poplar Street to Van Asche Drive.
The City desires to handle all phases of project development, advertise, award, and
inspect the portion from Poplar Street to Interstate 49. The Department will provide the
amount of funding necessary for all phases of work to develop and construct the typical
design section for an urban state highway as shown on Attachment B. The cost of
additional features outside of this standard scope that increase the total cost beyond that
of the typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume
ownership and responsibility of Highway 112 from Highway 16 (15t' Street) to,lnterstate 49 as shown on
Attachment C.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAYETTEVILLE,
ARKANSAS, THAT:
SECTION I: The City of Fayetteville will participate in accordance with its designated
responsibilities in this project.
SECTION It: The Mayor or his designated representative is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite the construction of this project.
SECTION Ills The City of Fayetteville pledges its full support and hereby requests that the
Arkansas State Highway and Transportation Department initiate action to implement this project.
THIS RESOLUTION adopted this day of 2016.
Lioneld Jordan
Mayor
ATTEST:
(SEAL)
ProieCt Information
MapleStreel-NorthStreet
0,47
Const+CENG
247,500
040582
Razorback Road - Garland Avenue
0,37
Utilities
640,882
Construction
4,250,000
CENG (10%)
425,000
Sub -Total
5,315,882
Leroy Pond Drive • North
0,54 Const +CENG
192,500
ESTIMATED ADDITIONAL STATE FUNDS'
Additlonal Federal and State funding made�available fo`r improve.nenit
it the Cily agreesto assume ownership and maintenance of Hw": i12.,
This amount will either be increased ordeereased aased'pn the
lowest responsive bid received that is awa ded'loconlrat � This .7
amount does not represent a minimum or maximum of furidigmi iie
available for the projeck...,
Federal Match ( Total:
Note: Job 040582's construction cost estimate is based on the current design. Cily funds are capped at $3,358,600 in STP•A and matching funds. AHTO is committed to providing the full amount of gap funding necessary for Job.040582; �>
contingent upon receiving a responsive bid that is within an acceptable range of the engineer's estimate, The City of Fayetteville will revise the current design to incorporate some desired changes. Fundirig for any increases inscope will
be the responsiblity of the City and will be added to the $3,358,600 cap amount. Once the project is let to contract, an increase in cost due to added scope will be the responsibility of the City. An increase in cost due to normal change in`.
conditions will be the responsibility of the Department.
µ ,
AHTO is committed to providing funds for the overlay projects using our basic design standards. Funding for any increases in scope will be the responsiblity of the.City and be added to the $$,358,600 cap amount:.
O;IWINWORED & COOlinformationlFayellevillelHighway 1121Hwy.112 Fayetteville Funding Breakdown.zlsz ATTACHMENT A
Ij'CON LI-a U'.0" LANE
IT-V LANE TURN LANE 1--0' LANE T.O" LANE o' —IJ-5'CON d
W49515
W U.T,) Sop
PROFj V
XX"
A
0.0211,
C.ClU 011
(TYPE Alil'-61
2W—C.C.0 G,
'0.02T (TYPE A)(I'-G"l
HWY, XXX-FULL DEPTH
C.C.C. & G. LT. & RT,
ATTACHMENT B
1-1- - --
TYPICAL SEC 'ilM Ur wHOVEMENT
e0{U N I V E R S I T Y s
ARKAN SAS
Facilities Management
December 15, 2016
Chris Brown
City Engineer
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Dear Chris:
Per your request via attached email of Wednesday, December 14, 2016, the University of Arkansas (UA)
remains committed to our cost -sharing (10% City / 10% UA) on the.required 20°% local match on AHTD Job
4040582 Razorback Rd -Garland Ave (Highway 1 12) (Fayetteville):
This UA Commitment is on a not -to -exceed basis of $479,300 per the draft resolution and supporting
documents:
The UA remains committed to also working out an appropriate long-term agreement on current and future
maintenance for the roadway sections between 15t' Street and North Street / Wedington Drive. Our
maintenance efforts essentially commenced in 2002-2003 upon completion of the initial section of roadway
between Maple Street and North Street / Wedington Drive. They now include the entire length mentioned
above and for those specific areas covered which will be incorporated in our future agreement. .Potential UA
areas in this future agreement to be covered include irrigation systems, tree maintenance; grass maintenance,
pedestrian light maintenance where they exist, core campus crosswalk maintenance; sidewalk maintenance and
related areas.
We look forward to our continued partnership as we complete this long -needed series of safety improvements
and physical changes to this critical link running through our campus and the larger community.
Sincerely,
M.R. Joh s n
Associate ice Chancellor for Facilities
Attachment: Email of 12/14/16 (w/attachments)
B 125 Facilities Management • Fayetteville, AR 72701 •479-575-3851 • fama.uark.edu
The University of Arkansas is an equal oppottuni!wafrmativa action institution.
Johnson, Kimberly
From: Johnson, Kimberly
Sent: Wednesday, November 28, 2018 3:21 PM
To: Brown, Chris; Libertini, Paul
Subject: Legistar 2017-0496
Hi Chris and Paul,
The City Clerk office is working on Lorinda's Holding Fite. Do you have the signed document from
the Arkansas Department of Transportation for Legistar 2017-0496?
Thank you!
Kim Johnson, BSE, CMC, CAMC
Deputy City Clerk - Codifier
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
kiohnson(cDfayetteville-ar.gov
479.575.8323
Website I F6cebook I Twitter I Instagram I YouTube
CITY OF
FAYETTEVILLE
ARKANSAS
1
SUPPLEMENTAL AGREEMENT
Paul Libertini
Submitted By
City of Fayetteville Staff Review Form
2021-0258
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/1/2021 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends that the Mayor sign Supplemental Agreement 2 to the Agreement of Understanding for Hwy
112/Razorback with the Arkansas Department of Transportation (ARDOT).
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget
Fund
Project Title
Previous Ordinance or Resolution # 27-17
Approval Date: 04/07/21
V20180321
BUDGET/STAFF IMPACT:
The road construction project will be paid for by a combination of funds coming from the University
of Arkansas and the Northwest Arkansas Regional Planning Commission. Any costs exceeding
the Federal funding amount for the road construction will be paid by the UA (see UA letter). The
portion of a City sewer line that needs to be relocated will be paid for with City Water & Sewer
funding.
Attachments:
Letter dated 03/18/21 from ARDOT to Mayor Jordan
Supplemental Agreement 2
Letter dated 03/05/21 from Mayor Jordan to ARDOT
Letter dated 02/22/21 from Mike Johson, UA — City to Bid Roadway Construction
Letter dated 02/21/21 from Tim Conklin, NWARPC — Award of HIP Funding
Resolution 27-17
7KANSAS DEPARTMENT
AR
OF TRANSPORTATION
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas 72701
Dear Mayor Jordan:
ARKANSAS DEPARTMENT OF TRANSPORTATION
ARDOT.gov 1 IDriveArkansas.com Lorie H. Tudor, P.E., Director
103241nterstate 30 I P.O. Box 2261 ( little Rock, AR 72203-2261
Phone: 501.569.2000 I Voice/TTY 7111 Fax: 501.569.2400
May 7, 2021 RECEIVED
MAY 1 0, 2021
CITY OF FAYETTEVIELE
MAYOR'S OFFICE
Re: Job 040864
F.A.P. HIPUCS-COVD(101)
Razorback Rd. Impvts. (Fayetteville) (S)
Washington County
State and Federal -aid job numbers have been assigned for the referenced project. Enclosed
is your copy of the executed Supplemental Agreement of Understanding between the City of
Fayetteville and the Department to widen the portion of Razorback Road (former Highway 112)
between the University of Arkansas' Administration Services Building and Hotz Drive.
Thank you for your continued interest in Arkansas' transportation system. If you have any
questions regarding the partnering arrangement, please contact Jessie Jones, Division Engineer -
Program Management, at (501) 569-2262.
Sincerely,
Jared D. Wiley
Assistant Chief Engineer - Planning
Enclosure
c: Director
Deputy Director and Chief Operating Officer
Deputy Director and Chief Engineer
Assistant Chief Engineer - Design
Assistant Chief Engineer - Operations
Program Management
Right of Way
Roadway
Transportation Planning and Policy
District 4
SUPPLEMENTAL AGREEMENT 2
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
In Cooperation with the
U.S. Department of Transportation, Federal Highway Administration
RELATIVE TO:
Implementation of Highway 112 Improvements between Highway 16 and Interstate 49 in
Fayetteville, Washington County (hereinafter called the "Projects").
WHEREAS, on September 19, 2017, the City of Fayetteville (hereinafter called the "City")
entered into an Agreement of Understanding with the Arkansas Department of Transportation
(hereinafter called the "Department") to establish the roles and responsibilities associated with the
Projects; and
WHEREAS, the original agreement referenced Job 040582 to widen Highway 112 between Hotz
Drive and Garland Avenue and a project to widen Highway 112 between Poplar Street and
Interstate 49; and
WHEREAS, Job 040582 has been completed and the portion of Highway 112 between
Highway 16 and Highway 112 Spur has been removed from the State Highway System and is now
a city street; and
WHEREAS, the University of Arkansas (hereinafter called the "University") has been awarded
Federal -aid Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA) funds
by the Northwest Arkansas Regional Transportation Study for a new project to widen the portion
of Razorback Road (former Highway 112) between the University's Administration Services
Building and Hotz Drive; and
WHEREAS, the City has agreed to the University's request that the City administer this new
Federal -aid project; and
WHEREAS, the City has requested that this construction project be completed as part of the
original agreement of understanding for Highway 112 improvements; and
WHEREAS, the Department has agreed to this request, and has determined that the original
Agreement of Understanding must be modified.
WHEREAS, funding Coronavirus Response and Relief Supplemental Appropriations Act includes
100% Federal -aid funds for certain projects; and
WHEREAS, funding participation will be as follows, subject to the amount of Federal -aid funds
and obligation limitation approved and available for the new CRRSA project:
Maximum
Minimum
Federal %
City
Preliminary Engineering by Consultant
0
100
Right-of-Way/Utilities
0
100
Construction
100
0
Construction Engineering by Consultant
0
100
Department Administrative Costs
0
100
Supplemental Agreement 2 Between the City of Fayetteville
and the Arkansas Department of Transportation
8. Ensure that the plans and specifications comply with the Americans with Disabilities Act
(ADA), the American Association of State Highway and Transportation Officials (AASHTO)
design standards, and all other applicable state and federal regulations, including airport
clearance when necessary, for the type of work involved.
9. Before acquiring property or relocating utilities, contact the Department's Right of Way
Division to obtain the procedures for acquiring right-of-way and adjusting utilities in
compliance with federal regulations. NOTE: Failure to notify the Department prior to
initiating these phases of work may result in all project expenditures being declared non-
participating in federal funds.
10. Acquire property in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act").
11. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with
Arkansas State Highway Commission Policy.
12. Provide a copy of the registered deed or other approved documentation and an appropriate
certification stating the City's clear and unencumbered title to any right-of-way to be used for
the Project (See Attachment DI). If property has been acquired for the Project, use
Attachment D2 for certification of the right-of-way. NOTE: Any property that is to become
Department right-of-way must be acquired in the Department's name.
13. Submit plans at 50%, and 90% completion stages for Department review.
14. Submit a certification letter (Attachment E), including all items noted, to the Department when
requesting authority to advertise the Projects for construction bids.
15. Advertise for bids in accordance with federal procedures as shown in Attachment F. NOTE:
FHWA authorization and Department approval must be given prior to advertising for
construction bids.
16. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
17. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in
Award (Attachment G), including all items noted, to the Department.
18. Prior to awarding the construction contract, approve the Department to set up $5,000 in
Federal -aid funds for Department administrative costs on the Project during construction. The
final share of cost for this phase will be determined by actual Department charges to
construction engineering.
19. Notify the Department in writing who the City designates as its full-time employee to be in
responsible charge of the day to day oversight of the Project (Attachment H). The duties and
functions of this person are:
• Oversee project activities, including those dealing with cost, time, adherence to contract
requirements, construction quality and scope of Federal -aid projects;
• Maintains familiarity of day to day project operations, including project safety issues;
• Makes or participates in decisions about changed conditions or scope changes that require
change orders and/or supplemental agreements;
-3-
Supplemental Agreement 2 Between the City of Fayetteville
and the Arkansas Department of Transportation
29. Agree that any and all claims for damages to property or injury to persons caused by any act
or omission, negligence, or misconduct from the performance of work by the City's contractor
on the Project shall be the sole responsibility of the City's contractor and in this regard the City
shall require the contractor on the Project to procure and maintain a General Public Liability
Insurance Policy during the duration of the Project which shall be endorsed to include broad
form general liability and complete operations coverage on the Project. The contractor shall
furnish the City with documentation of proof of liability insurance coverage with submission
of the signed contract.
30. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising
from misconduct or the negligent acts or omissions of the City, its employees, agents or
contractors in the performance of the Project and this Agreement must be presented to the City.
Further, the City by acceptance of this grant, agrees that the Department and the Arkansas State
Highway Commission, as the pass -through entity, have no duty or responsibility for the design,
construction, maintenance or operation of the Project that is the subject of this grant, and,
therefore shall have no liability related to the design, construction, maintenance or operation
of the Project. The City also agrees to assume all risks associated with the work to be
performed by its agents, employees, and contractors under this grant and Agreement and the
Department and the Arkansas State Highway Commission, as the pass -through entity, shall not
be responsible or liable for any damages whatsoever from the actions of the City, its
employees, agents and contractors.
31. 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.
32. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Attachment L).
33. Grant the right of access to the City's records pertinent to the Project and the right to audit by
the Department and Federal Highway Administration officials.
34. Be responsible for 100% of all project costs incurred should the Project not be completed as
specified.
35. Be responsible for 100% of any and all expenditures which may be declared non -participating
in federal funds, including any such award by the State Claims Commission.
36. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Attachment M), which is necessary for Project participation.
512
Supplemental Agreement 2 Between the Cav ot' Favettevtlle
and the Arkansas Department of "I ransportauon
THE. DEPARTMENT WILL:
I. Maintain an administrative file for the project and be responsible for administering Federal -
aid funds.
2. Prepare the necessary environmental documentation as required by FHWA and conduct any
required public involvement meetings and public hearings.
3. Review plans and specifications submitted by the City.
4. Notify the City when right-of-way and/or utility plans are approved and the City may proceed
with right-of-way acquisition and/or utility adjustments.
5. Upon receipt of the City's certification of right-of-way (property) ownership, provide the
appropriate documentation to the file.
6. Ensure substantial compliance with federal contracting requirements through review of the
bidding proposal for inclusion of required federal forms, review of the administration of the
DBE program provisions, and general compliance with 23 CFR 635.
7. Advise the City when to proceed with advertisement of the Project for construction bids.
8. Review bid tabulations and concur in award of the construction contract for the Project.
9. Ensure that the City and the City's consultant provide adequate supervision and inspection of
the Project by performing periodic inspections with the City's representatives and their
consultant to verify that the work being performed by the City's contractor, and documented
and certified by the City, meets the requirements of the Project plans, specifications, and all
applicable FHWA and Department procedures. The Department intends to perform these
inspections, at a minimum, when the construction work is approximately 10% and 50%
completed. The Department will also participate in the final inspection of the Project.
10. Review and approve any necessary change orders for project/program eligibility.
11. Reimburse the City 100% (Federal -aid share) for eligible construction costs approved in the
CCRR form (Attachment 1). This reimbursement will be limited to the maximum Federal -aid
amount and to the federal amount available at the time payment is requested. If the payment
requested exceeds the Federal -aid available at the time, the difference will be reimbursed as
additional Federal -aid for the Project becomes available.
12. Subject to the availability of Federal -aid allocated for the Project, pay the City the remaining
amount due upon completion of the Project and submittal of the certified LPA Final
Acceptance Report form (Attachment K).
13. Be reimbursed for costs involved in performing all the services listed above.
-7-
Stipplemental Agreement ' Ben�een iW C it, of F:nrtt—Ire
Ind dtc Arkansas 0"riment or I'rartsix netw�
I IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned
duties as related in this Agreement. such failure may disqualify the City from receiving future
Federal -aid highway funds.
I I 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. or
fail to adequately maintain or operate the Project, the Department may cause such funds as may
be required to be withheld from the City's Motor Fuel Tax allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this 7 day of
April .2011
ARKANSAS DEPARTMENT OF
TRANSPORTATION
L.orie H. Tudor, P.L.
Director
TY OF FAYETTEVILLE
&ld Jordan
Mayor
v
Khk Williams
City Attorney
ARKANSAS DEPARThrENT OF TRANSPORTATION
'NOTICE Of NONDISCRIMINATION
the Arkansas Department of Transportation (Department) complies wrth all civil nghts provisions of federal status and related authorities that
prohibit discrimination in programs and activities receiving federal financial assistance Therefore, the Depanment does not discrtminate on die
bests of race, sex, color, age. rational origin, religion (not applicable as a proceeded group tinder the Federal Motor Carrier Safety Administration
Tide VT Program), disability. Limited English Proficiency (LEP), or low-income status in the admission, access to and treatment in the Department's
programs and activri ies, as well as the Department's hiring or employment practices Complaints of alleged discrimination and mqutnes regarding
the Department s noridistrnntimtion policies may be directed to kmnna P McFadden Section Head - EE(NDBE (ADA"504(ride VI Coordinator),
P O Box 2261. 1_ ittle Rock, .AR 72203. (301) 569-2298. ( VoicefrTY 7l 1 ), or the following email address erg r�,mc C is s _'•y �
Free language assistance for Limited English Proficient individuals is available upon request
This notice is available from the ADV5"Tide VI Coordinator in large Print, (in audiotape and in Braille
-8-
Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR
Part 26 have the maximum 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 26 to ensure that DBEs 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 disadvantaged business enterprise affirmative action program, which the
recipient agrees to carry out, this program is incorporated into this financial assistance
agreement by reference. 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 26, Subpart F, 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.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and
26.107 shall substitute 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 recipient deems appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
Attachment B
When the Local Agency advertises a specific project, the advertisement will
describe the work in general terms so that firms may evaluate their interest in
performing the desired services.
When the Local Agency advertises a group of projects, a general description of
work will be furnished. Firms will be asked to specify the projects they are interested in
performing. When the Local Agency decides to proceed with a certain project, those
firms having expressed interest in that project will be considered for selection.
When the Local Agency advertises for an indefinite delivery of projects with later
specified task orders, the advertisement will include a general description of work for the
project tasks.
Section III — Selection Committee.
The Local Agency will designate a Selection Committee (Committee) to evaluate
and analyze the LOIs and Proposals.
Section IV — Evaluation of LOIs.
The Committee will evaluate each consultant firm based on the following:
No.
Evaluation Factors for LOIs
Maximum Points
Possible
Professional staff including the education, experience,
1
number of personnel available, and any partnerships
10
with sub -consultants
General and professional reputation, including
2
responsiveness to civil rights and equal employment
10
opportunity requirements and opportunities
3
Past work performance
10
4
Experience with projects of a similar nature as those
advertised
10
Total Points for LOI
40
Following their review, the selection committee will prepare a short list of
engineering firms and recommend to the Local Agency that these firms submit detailed
proposals for further evaluation.
Section V — Request for Proposal (RFP).
The Local Agency will prepare a scope of work statement and request proposals
from the engineering firms on the short list. For projects with FHWA oversight, the
Local Agency will forward the scope of work statement to ArDOT to forward to FHWA
for review and approval before soliciting RFPs. A Local Agency's scope of work will
typically include the following:
2
Attachment B
2. Select multiple firms for an indefinite delivery contract; or
3. Select two or more firms to interview (a firm may present additional
information concerning their proposal at the interview). After the
interviews, the Committee will re-evaluate the firms based on the
interview and the same evaluation factors as noted previously. The
ranked list will be submitted to the Local Agency for review and final
selection.
The contract file will contain records of the rankings and supporting data;
however, the rankings will not be public information. Copies of the LOI advertisement,
the rankings, and supporting data shall be submitted to ArDOT for the contract file.
Section VI — Negotiation and Contract Preparation.
Once a firm is selected for negotiation for a specific job or a group of projects, it
will prepare a draft contract including a cost estimate for the project. The other firms on
the short list will be advised of the firm selected, subject to successful negotiations.
More than one firm may be selected for an indefinite delivery contract. The
contract will establish a maximum cost for the contract as well as an expiration date. As
individual task orders are issued, individual task order cost estimates will be negotiated.
The selected firm will prepare a draft contract based on a sample contract
furnished by the ArDOT. In accordance with the principles of 23 CFR 172, the draft
contract must include an overhead rate that is approved by the ArDOT. The overhead
rate shall be verified by an audit by a certified public accountant on behalf of the
consultant if the contract exceeds $250,000. If the contract is less than $250,000, the
overhead rate shall also be verified by an audit by a certified public accountant on
behalf of the consultant if at least one of the following conditions applies:
1. when there is insufficient knowledge of the consultant's accounting
system;
2. when there is previous unfavorable experience regarding the reliability
of the consultant's accounting system; or
3. when the contract involves procurement of new equipment or supplies
for which cost experience is lacking.
Pursuant to this requirement, the ArDOT will notify the Local Agency if an audit
by a certified public accountant for the selected firm is necessary. The certified audit
needs to be provided by the selected firm prior to the submission of the final draft
contract.
The Local Agency will review the draft contract proposal and either approve it as
submitted or enter into negotiations with the selected firm to establish a contract and
contract amount that the Local Agency deems is fair and reasonable. If a satisfactory
contract cannot be negotiated with the selected firm, negotiations will be formally
terminated. The Local Agency will then enter into negotiations with the second ranked
firm. If negotiations with that firm fail, the Local Agency will formally terminate those
4
Attachment B
4. Review progress payments.
5. Coordinate questions from the consultant.
6. Negotiate any change or amendment to the contract and submit to
ArDOT for review and approval.
7. Prepare an evaluation of the consultant's performance after completion
of the contract. A copy of the evaluation shall be submitted to the
ArDOT.
Section VI11 — Consultant Liabili
The Local Agency will include a contract requirement that the consultant will
warrant that all services and work products provided as part of the contract are free
from defects in workmanship at the time of acceptance and that the work conforms to
the requirements of the contract. This warrant is effective regardless of the degree of
inspection and acceptance by the Local Agency or others.
If the consultant is required to correct or re -perform any work or services, the
work will be performed at no cost to the Local Agency, and any work or services
corrected or re -performed by the consultant shall also be warranted that it is free from
defects in workmanship. If the consultant fails or refuses to correct or re -perform, the
Local Agency may, by contract or otherwise, correct or replace the deficient items or
services with similar work or services, and charge the cost to the consultant or make an
equitable adjustment in the consultant's reimbursement.
Acceptance is an act of an authorized representative of the Local Agency by
which the Local Agency approves specific services, as partial or complete performance
of the contract. Correction is the elimination of a defect.
C
Attachment Dl
CITY / COUNTY LETTERHEAD
JOB NUMBER
JOB NAME
COUNTY
Title to the right of way necessary for the construction of this project was in public ownership prior
to project development. No additional right of way was acquired.
There are no displacees on this project.
There are no structures located within the right of way area.
There are no railroads involved on this project.
No known conflicting utilities exist within the right of way area.
Certified by:
(Type name)
(Type title)
Date:
Attachment E
CERTIFICATION LETTER
REQUESTING AUTHORITY TO ADVERTISE FOR BIDS
DATE
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
Rc: Job #
Job Name
County
The following documents are submitted concerning the referenced project:
1. One reproducible set of plans and specifications.
2. A copy of the engineer's estimate of cost.
3. Copies of any technical specifications or special provisions.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the
plans and specifications were developed using the Arkansas Department of Transportation's
Standard Specifications for Highway Construction (latest edition) and standard drawings, and
comply with the Americans with Disabilities Act (ADA), the American Association of State
Highway and Transportation Officials (AASHTO) design standards, and all other applicable
state and federal regulations, including airport clearance when necessary, for the type of work
involved.
1 understand that if any project items are declared non -participating in federal funds due to
failure to comply with any State or federal requirements, the (City Name) will promptly repay
such funds to the Arkansas Department of Transportation (ARDOT). Further, I hereby authorize
the Director of the Arkansas State Department of Finance and Administration to transfer such
funds from the (City Name)'s gasoline tax allotment to the ARDOT's RRA Fund upon
notification by the Director that such funds are due ARDOT and have not been paid by the
(City Name).
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(City's CEO)
Enclosures
Attachment G
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
DATE
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
Re: Job #
Job Name
County
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with the
regulations governing Federal -aid projects and all other applicable state and federal regulations,
and that this process has been reviewed and approved by the City Attorney. Additionally, I
certify that the bid is being awarded to the lowest responsive and qualified bidder and that there
has not been, nor will there be, any negotiations with the contractor or other bidders regarding
the amount bid.
Your concurrence in the award of this contract to [INSERT CONTRACTOR NAMEI, for
$XGY=XXX is requested.
Sincerely,
Mayor
City Attorney
Enclosures
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
Job No-
FAP
County:
Job Name..
1 Maximum Approved Federal -aid Amount
2 Original Contract Amount
3 Net Changes by Change Orders
4 Present Contract Total
5 Present Federal -aid Amount (100% of Line 4
or Amount on Line 1, whichever is less)
6 Work Completed to Date
7 Federal Match (100% of Line 6 or amount
on Line 5, whichever is less)
8 Previous Reimbursements (Federal)
9 Amount Due this Estimate
(subtract Line 8 from Line 7)
Payee/City:
address
Federal Tax ID No.:
• '
Total changes previously approved
ADDITIONS
DEDUCTIONS
Total approved this Request Period
TOTALS
NET CHANGES by Change Order
(Line 3 above)
By:
Title:
Revised: 12/11/20
PAGE 't OF 2 PAGES
DATE
PAY REQUEST#
FROM: TO:
The information provided in this document is true and correct and I
recommend that payment be made to the Contractor for this work.
Date:
Payment is requested from the Arkansas Department
of Transportation for the Amount Due. I certify that the
Contractor and/or subcontractor(s) are complying with the provisions
of FHWA-1273, Required Contract Provisions, Federal -aid Construction
Contracts, and Supplements, that the work has been completed by the
Contractor in accordance with the plans and specifications; and that
the Contractor has been paid for this work.
By: Date:
Title:
DEPARTMENT USE ONLY
Recommended for Payment in
Accordance with Project Agreement Approved for Payment PAID
Resident Engineer
State Construction Engineer
Voucher No.
Date:
Attachment J
CITY
LPA Report of Daily Work Performed
Job Name: Job No.:
FAP No.: Contractor:
Date: Hours Worked: — Report No.:
Site Conditions
Useable
Partly Useable
Not Useable
Min Temp. (F)
Max Temp. (F
Comments
Project Conditions
Weather
Sunny
Partly Cloudy
Rain
Rainfall Amt. (in.)
Number of Contractor's
Personnel
Laborers
Carpenters
Concrete Laborers
Equip. Operators
Electricians
Plumbers
Foreman
Other
Other
Location and Description of Work Performed
Special Instructions and/or Conversations
Signed:
Designated Full-time Employee
1/28/2021 Attachment L
Page 1 of 2
2 CFR Part 200
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS
Subpart D - Post Federal Award Requirements
Record Retention and Access
§200.334 Retention requirements for records.
Financial records, supporting documents, statistical
records, and all other non -Federal entity records
pertinent to a Federal award must be retained for a
period of three years from the date of submission
of the final expenditure report or, for Federal
awards that are renewed quarterly or annually,
from the date of the submission of the quarterly or
annual financial report, respectively, as reported to
the Federal awarding agency or pass -through entity
in the case of a subrecipient. Federal awarding
agencies and pass -through entities must not impose
any other record retention requirements upon non -
Federal entities. The only exceptions are the
following:
(a) If any litigation, claim, or audit is started before
the expiration of the 3-year period, the records
must be retained until all litigation, claims, or audit
findings involving the records have been resolved
and final action taken.
(b) When the non -Federal entity is notified in
writing by the Federal awarding agency, cognizant
agency for audit, oversight agency for audit,
cognizant agency for indirect costs, or pass -
through entity to extend the retention period.
(c) Records for real property and equipment
acquired with Federal funds must be retained for 3
years after final disposition.
(d) When records are transferred to or maintained
by the Federal awarding agency or pass -through
entity, the 3-year retention requirement is not
applicable to the non -Federal entity.
(e) Records for program income transactions after
the period of performance. In some cases
recipients must report program income after the
period of performance. Where there is such a
requirement, the retention period for the records
pertaining to the eaming of the program income
starts from the end of the non -Federal entity's
fiscal year in which the program income is earned.
(f) Indirect cost rate proposals and cost allocations
plans. This paragraph applies to the following
types of documents and their supporting records:
Indirect cost rate computations or proposals, cost
allocation plans, and any similar accounting
computations of the rate at which a particular
group of costs is chargeable (such as computer
usage chargeback rates or composite fringe benefit
rates).
(1) If submitted for negotiation. If the
proposal, plan, or other computation is
required to be submitted to the Federal
Government (or to the pass -through entity) to
form the basis for negotiation of the rate, then
the 3-year retention period for its supporting
records starts from the date of such
submission.
(2) If not submitted for negotiation. If the
proposal, plan, or other computation is not
required to be submitted to the Federal
Government (or to the pass -through entity) for
negotiation purposes, then the 3-year retention
period for the proposal, plan, or computation
and its supporting records starts from the end
of the fiscal year (or other accounting period)
covered by the proposal, plan, or other
computation.
§200.335 Requests for transfer of records.
The Federal awarding agency must request transfer
of certain records to its custody from the non -
Federal entity when it determines that the records
possess long-term retention value. However, in
order to avoid duplicate recordkeeping, the Federal
awarding agency may make arrangements for the
non -Federal entity to retain any records that are
continuously needed for joint use.
§200.336 Methods for collection, transmission,
and storage of information.
The Federal awarding agency and the non -Federal
entity should, whenever practicable, collect,
transmit, and store Federal award -related
information in open and machine-readable formats
rather than in closed formats or on paper in
accordance with applicable legislative
requirements. A machine-readable format is a
format in a standard computer language (not
English text) that can be read automatically by a
web browser or computer system. The Federal
awarding agency or pass -through entity must
always provide or accept paper versions of Federal
award -related information to and from the non -
Federal entity upon request. If paper copies are
submitted, the Federal awarding agency or pass -
through entity must not require more than an
original and two copies. When original records are
Attachment M
CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his knowledge and belief that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including sub grants, and
contracts and subcontracts under grants, sub grants, loans and cooperative
agreements) which exceed $100,000, and that all such sub recipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure. A
ALtach[nent N
Federal Funding Accountability and Transparency Act (FFATA)
Reporting Requirements
(For more information go to hftps.11www. fsrs. gov�
FFATA was signed on September 26, 2006 The intent is to empower every American with
the ability to hold the government accountable for each spending decision. The end result is to
reduce wasteful spending in the government. The FFATA legislation requires information on
federal awards (federal financial assistance and expenditures) be made available to the public via
a single, searchable website, which is www.USASpendinq_gov.
A Prime Grant Recipient (Arkansas Department of Transportation (hereinafter called
ARDOT)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is
subject to FFATA sub -award reporting requirements as outlined in the Office of Management and
Budget guidance issued August 27, 2010. ARDOT is required to file a FFATA sub -award
report for any sub -grant awarded to a sub-awardee greater than or equal to $25 000 As
a sub-awardee, shall provide the
following information to ARDOT in order to fulfill FFATA reporting requirements:
A unique identifier (Dun & Bradstreet DUNS Number) of the sub-awardee receiving the
award and the parent entity of the recipient, should the sub-awardee be owned by another
entity;
The names and total compensation of the five most highly compensated officers of the
sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent
or more of its annual gross revenues in Federal awards; and $25,000,000 or more in
annual gross revenues from Federal awards: and the public does not have access to
information about the compensation of the senior executives of the sub-awardee through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See
FFATA § 2(b)(1).
Page 1 of 2
Naachment N
Required Sub-Awardee Information
(A) Sub-Awardee -DUNS Number: ____ 4551
Parent (if applicable) - DUNS Number
(8) In the preceding completed Federal fiscal year, did your business or organization (the legal
entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of
its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants
and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from
U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative
agreements?
Yes / Oq )(Circle one)
If "Yes" is selected, answer (C).
(C) Does the public have access to information about the compensation of the executives in your
business or organization (the legal entity to which the DUNS number entered above belongs)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
Yes / No (Circle one)
If 'Yes" is selected, visit httpJ/www.sec.gov/edgar.shtml for reference.
If "No" is selected, answer (D).
(D) If "No" was selected in Question "C", complete the following information for the five (5)
most highly compensated executives in your business or organization (the legal entity to
which the DUNS number entered above belongs). Amount should reflect the Total
Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars.
Sub-Awardee Names and Compensation of Most Hiqhly Compensated Officers
Name: Amount:
Name: Amount: $
Name: Amount:
Name: Amount: $
Name:
Amount:
Page 2 of 2
Attachment N
Required Sub-Awardee Information
(A) Sub-Awardee — DUNS Number:
Parent (if applicable) — DUNS Number:
(B) In the preceding completed Federal fiscal year, did your business or organization (the legal
entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of
its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants,
and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from
U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative
agreements?
Yes / No (Circle one)
If "Yes" is selected, answer (C).
(C) Does the public have access to information about the compensation of the executives in your
business or organization (the legal entity to which the DUNS number entered above belongs)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
Yes / No (Circle one)
If "Yes" is selected, visit http://www.sec.govledgar.shtmi for reference.
If "No" is selected, answer (D).
(D) If "No" was selected in Question "C", complete the following information for the five (5)
most highly compensated executives in your business or organization (the legal entity to
which the DUNS number entered above belongs). Amount should reflect the Total
Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars.
Sub-Awardee Names and Compensation of Most Highly Compensated Officers
Name:
2. Name:
3. Name:
Amount: $
Amount: $
Amount: $
4. Name: Amount:
5. Name: Amount: $
Page 2 of 2
II
CITY OF
FAYETTEVILLE
ARKANSAS
March 5, 2021
Mr. Jared Wiley
Assistant Chief Engineer - Planning
Arkansas Department of Transportation
P.O. Box 2261
Little Rock, AR 72203-2261
Re: Job 040582
Razorback Rd. — Garland Ave. (Hwy.112)
(Fayetteville) (S)
Washington County
Hwy. 112, Sec. 0
Dear Mr. Wiley:
In reference to the two letters attached, and acknowledgement of previous staff collaborations between
the City of Fayetteville, the University of Arkansas (UA), the Northwest Arkansas Regional Planning
Commission (NWARPC) and the Arkansas Department of Transportation (ARDOT), the City would like to
amend its' existing Agreement of Understanding for Hwy 112. The UA would like to complete the final
phase of widening Hwy 112 between Holz Street and the UA Administrative Services Building (ADSB)
which is only 1,250 feet in length. As documented in the attached letters, the NWARPC has awarded
$334,055 of Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Federal -aid
funding to the UA for this project. Furthermore, the staff discussions recommended that the UA and the
City enter into an agreement to cant' out this project, and that the City be reimbursed directly by ARDOT
for the construction of the project.
The City would like the Department to draft Supplemental Agreement No. 2 to the Agreement of
Understanding in which the City will be responsible to competitively bid the road construction project,
perform the construction management, make payments to the contractor and request reimbursement from
the Department The project will also include a relocation of a City sewer line which will not be
reimbursable but will be paid for with City Utility funding.
Please e-mail or call Chris Brown, City Engineer, if you have any questions regarding this project at
cbrown(Vayetteville-ar.gov or 479-575-8207.
Thank you for your assistance with this project.
:,ZSinZ�o
Lioneld Jord
Mayor
Attachments:
Letter dated 02/21/21 from Tim Conklin, NWARPC —Award of HIP Funding
Letter dated 02/22/21 from Mike Johnson, U of A — City to Bid Roadway Construction
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Cc: Jeff Hawkins, Executive Director NWARPC
Tim Conklin, Assistant Director NWARPC
Daniel Siskowski, P.E., ARDOT Staff Program Management Engineer
Ann Sordelon, Vice Chancellor for Finance and Administration, University of Arkansas
James Ezell, Director of Risk Management, University of Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 27-17
File Number: 2016-0666
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING
AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD AND
GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112
BETWEEN 15TH STREET AND INTERSTATE 49 AS A CITY STREET.
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as follows:
1. The Department was responsible to fund and handle project development, which is complete. The
Department is also responsible for advertising, awarding the bid, and providing construction inspection.
2. The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly over
the City's budget; and
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
follows:
1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on
Attachment A to this Resolution. The Department will provide the gap funding needed to construct the
project.
Page 1 Printed on 114117
Resolution: 27-17
File Number. 2016-0666
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support and
hereby requests that the Arkansas State Highway and Transportation Department initiate action to
implement this project.
PASSED and APPROVED on 1/3/2017
Attest:
aa�1�lt�t{F7id)0
�, ,• G\S Y 0FZl- sl r
Sondra E. Smith, City Clerk Treasured �e
-�''o FAYETTEVIL L:
IGT 1i,ias:•
Page 3 Primed on 114117