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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 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.' 2016-0666 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: � Krm Sondra E. Smith, City Clerk Treasured "gyp FAYETTEVILLL �C mA/G fe S@ b '• °'�� J} V 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 2nd 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'I am 6 2 TYPICAL SECTIONS OF IMPROVEMENT I ' AON OLID m II'-0" LANE II-0" LANE 12'-0" TURN LANE II'-0" LANE II'-0" LANE io ' CON Ll—(4" U.T.) SOD = SOLD W LK PROFILE SOD t4" U.T.) OPE _ /_ ADE 0.021/' X%" GR0.02xx '/' – C.C.C.& G. (TYPE A)(I'-6" ) 0.02'/ 0.02'/' (TYPE A)(I'-6") HWY.XXX-FULL DEPTH C.C.C. & G. LT. & RT. ATTACHMENT B TYPICAL SEC�i TUNS UI- iMrKOVEMENT UNIVERSITY 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 #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 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. KANSAS DEPARTMENT ARKANSAS 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: 501.569.2000 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/Title 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/Title 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 City Funds I'S*A-<....(. -,. Match' ; I Total I 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 Total 1.38 5,755,882 City Funds I'S*A-<....(. -,. Match' ; I Total I 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 49,500 247,500 512,706 128,176 640,882 1,887,294 471,824 2,359,118 53,120 358,600 358,600 2,400,000 958,600 3,358,600 154,000 38,500 192,500 2,400 ,000 958,600 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 1,917,826 479,457 2,397,283 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: TO: REQUEST• - PAYMENT Designated Full Time Employee In Responsible 1 Original Contract Amount The information provided in this document is true and correct and I recommend that payment be made to the Contractor for this work. 2 Net Changes by Change Orders 3 Present Contract Total By: Date: 4 Work Completed to Date Title: 5 Previous Reimbursements 6 Amount Due this Estimate (subtract Line 5 from Line 4) • • 'TzM ADDITIONS DEDUCTIONS Payment is requested from the Arkansas Department of Transportation for the Amount Due. I certify that the Total changes previously approved 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 Total approved this Request Period Contractor in accordance with the plans and specifications; and that the Contractor has been paid for this work. TOTALS By: Date: NET CHANGES by Change Order (Line 2 above) Title: DEPARTMENT USE ONLY Recommended for Payment in PAID Accordance with Project Agreement Approved for Payment Voucher No. Resident Engineer State Construction Engineer Date: Attachment G 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.: Location and Description of Work Performed Special Instructions and/or Conversations Signed: Designated Full-time Employee Project Conditions Site Conditions Weather Number of Contractor's Personnel Useable Sunny Laborers Partly Useable Partly Cloudy Carpenters Not Useable Rain Rainfall Amt. (in.) Concrete Laborers Equip. Operators Min Temp. (F) Max Temp. (F Electricians Comments 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 Attachment J n n X%X%C% 7 TYPC4 SECTWS OF WRO W11 E i ' CONr--3'- II'-0" LANE I II-0" LANE 12'-0" TURN LANE II'-0" LANE II'-0" LANE CON (4" U.T.) SOD PROM - OL 500 la" U. T.I QPE 0.02'/' %X" 0.02'/' 0.02'/' �i(SLOP C.C.C.&C. - - (TYPE Alp'-6") 0.02'/' 0.02'/' - - C.C.C.& C. (TYPE A)(1'-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 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 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 office, and any local representative* 5 Identification of sub -consultants and responsiveness to 5 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 VIII — 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 notless 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: V 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; V 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\Pamffing\Fayetteville_040582_MinuteOrder_]49-17-abreviated-$$ KT.docx ARKANSAS STATE HIGHWAY COMMSSION MINUTE ORDER District: Four County: Washington Page 2 of 2 Pages Category: Improvement Project -Arkansas Primary Highway Network (APW FURTHERMORE, upon completion of these improvements and upon official notification by the Deputy Director and Chief Engineer, the following changes are hereby to be made to the State Highway System as shown on the attached sketch. • The portion of Highway 112, Section 0, between Highway 16 and Highway 112 Spur is to be removed from the State Highway System. • The portion of Highway 112,' Section 1, between Highway 112 Spur and Interstate 49 is to be removed from the State Highway System. • The portion of Highway 112, Section 0, between Highway 71 and Highway 16 is to be redesignated as Highway 16, Section 3. • Highway 112, Section 0 Spur is to be redesignated as Highway 16, Section 2 Spur. Approved:0/ i SubmiaedBT; (✓/ Chairman Assistant Chief Engineer - Planning Vice -Chairman Approved: ember Director Member Minute Order No Member Date Passed PM Form 19456 Rev. 1/132016 F:1P&C-DIV\ PROJDEV1Programs\Pmmc ing\Fayetteville 040582_Minute Order 1-19-17-abreviated-$$_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 I 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 �TO2 HIGHWAY 112, SECTION 0 BE REDESIGNATED ASA PART OF HIGHWAY 16, SECTION 3 026 )) 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 ,A G EON We,,•� Page 3 Printed on 114117 Proiect Information Phrase I TOW Cost Cfty Funds 8 T Match TOW 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 (100/6) 425,000 Sub -Total 5,315,882 I."PondDrive - North 0.54 Const +CENG 192,500 ct � Cfty Funds 8 T Match TOW 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 49,500 247,500 512,706 128,176 640,882 1,887,294 471,824 2,359,118 1,565,825 358,6001 358,600 154,000 958,600 3,356.600 E2,400,000 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 1,512,706 378,177 1,890,883 53,120 13,280 66,400 1,565,825 391,457 1,957,283 154,000 38,500 192,500 Note: Job 040512s construction cost estimate is based on the cu!rent design. Qty 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 testi 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 responsibility 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 wal be the responsiblity of the City and be added to the $3,358,600 cap amount. ► 1�sc +x•otwPRa curcult/ffi .112FartWAiaFWft& kdo Lft Attachment A IM 910141/e macri6ro oa '- 4 H LA w > ..o "2 a,r r F U N -9 E� z ma u ole J ua Q V_ a� oN � t z a b �-- _ � C 0 0 0 0 0 = 2 � F CL 0-' W � o2S � X � _ X U r U }' U z O O 2 2 O - X ..9-.I - 00 ma U UW .D - O S M l� 910141/e macri6ro oa o0s)UNIVERSITY 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 #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. I I ARKANSAS DEPARTMENT OF TRANSPORTATION ! ARDOT.gov I IlhivoArkansas.com I Scott E. Bennett, P.E., Director ARKANSAS DEPARTMENT10324 Interstate 30 1 P.Q. Box 22611 Littie Rock,AR 72203-2261 OF TRANSPORTATION Phone: 501.569.2000 I Voice/TTY 7111 Fax:501S69.2400 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: RECEIVED July 23, 2018 JUL 2 G 2018 CITY OF FAYE77EVILLE MAYOR'S OFFICE Re: Job 040582 F.A.P. STPD -9142(35) Razorback Rd. -Garland Ave. (Hwy. It 2) (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 .4 r 4ed n 1S4lW l-li7hlera�iqI - 2. Roles and Responsibilities of the Department are modified as indicated below for Job 440582: 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 440582. 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 440582. 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 Y- , 2418. ARKANSAS DEPARTMENT OF TRANSPORTATION , Mff d. Cott E. Bennett, P.E. Director City Attorney ARKANSAS DE PART141FNT 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 2241, 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 audiotape 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 ARKANSAS 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 (06/04/18) 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 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Mayor Jordan: ARKANSAS DEPARTMENT OF TRANSPORTATION AeDOtgov I IDriveArkansss.cam I Scott E. Bonnett, 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 detennined 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 ARKANSAS 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) 569-7743, (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 ADA1,504/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 440582: 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 40% 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 122, 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. 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 ARKANSAS 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 docs 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), disrbiiily, 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/Title 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 lel Phase T�alCost City Funds STP'A Match Total MaOe Street • North Street 0.47 Const +CENG 247,500 040562 Razorback Road - Garland Avenue 0.37 Utilities 64882 Construction 4,250,000 CENG If046} 425,000 Sub -Total 5,315,682 --- Leroy Pond Drive • North 0.54 Const +CENG 192,500 958,600 r,r City Funds STP'A 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 ei 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 M �W �pp" 1, MMM rr MMM 11Ir1 r�r 1,, --- t 11 II 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 ei 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 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 cosi 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 $3,358,600 cap amount. 11CSD11StaIRPNPBGDIV LFPAIProgramsTarmedngt Fayetleulle_PAO ZHwytf2lmpvtsgRout�mplAttaehmanls>BFayelfevlpe D4 82�Htiy,112FayahedoFundirgamakdovn,xlsx Attachment B M �W �pp" 1, MMM rr MMM iM®M IIM t 11 II 1,917,826 479,457 2,397,2831 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 cosi 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 $3,358,600 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 52,000 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: ""Che 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 chanes 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 JOB NUMBER: Y JOB CITY: Revised: 3113117 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 - C) PREVIOUS REQUESTS THIS PERIOD GRAND TOTALS Attachment G COPY OF CITY`S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM 11j:2Z Attachment H CITY LPA Report of Daily Work Performed Contractor: Hours Worked: — Report No.: Location and Description of Work Performed Special Instructions and/or Conversations Signed: Designated Full-time Employee Project Conditions Site Conditions Weather Number of Contractor's Personnel Useable Sunny Laborers Partly Useable Partly Cloudy Carpenters Not Useable Rain Rainfall Amt. (in) Concrete Laborers Equip. Operators Min Temp. (F) Max Tem F Electricians Comments 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 Engineer Recommended for Acceptance in Accordance with Project Agreement ArDOT Resident Engineer Protect Recommended for Acceptance Designated Full-time Employee: I certify that tate 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 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 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 LOIS 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 I 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 JOS NUMBER JOS 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(s) 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. Q. 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. (t) 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 -year 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 -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 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 subgrantee. (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 -year 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 not1iis than $10,000 and not more than $100,000 for each such failure. f/ ,(eId Jordan of Fayetteville I 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, 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'/_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; V 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 $3,358,600. 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 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 113/2017 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 113 West Motintain Street Fayetteville, AR 72701 (479) 575.8323 Text File F21MILMN It IlTiI�rI��3� Agenda Date. 11312017 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: 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 1/412017 C File Number.- 20160666 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 TETE 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 1 _ . I-TOU Legistar File ID -1/3/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Chris Brawn 12/16/2016 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: CITY OF f. 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 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 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 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"4 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 v, rww.fayetteville-ar.gov Fayetteville, Aft 72701 1, 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 ; �� � . ,� ; . ,, �� � :: ���x ,length � c1o�''w;bir , YDescrfjHlb ;;,,! �.e'. , Phase; ; To(al�CosGr iles} Cl#v Funds ,� •STP;A � � �•wp�ith: ,ak„j .��,�q}Tydtaf�;�i, tv'apleStreet • North Street OR Const+CENG 247,500 512,106 128,176 640,882 1,$87,294 040582 Razorback Road• Garland Avenue 0.37 Utilities 640,882 Construotlon 4,250,000 CENG(10%� 425.000 Sub -Total 5,315,882 4 38,500 Leroy Pend OM • North 0.54 Const - CENG 192,500 t 2,397,283 Cl#v Funds ,� •STP;A � � �•wp�ith: ,ak„j .��,�q}Tydtaf�;�i, ESTIMATED ADDITIONAL STATE FUNDS Addillonal Federal and Slate funding made available for Improvements if M City agrees to assume ownership and maintenance of Hwy, 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 49,500 247,500 512,106 128,176 640,882 1,$87,294 471,$24 2,359,118 $3,120 358,600 358,600 2,400,000 95$,600 3,358,600 4 38,500 192,500 1,917,11N 479,457 2,397,283 ESTIMATED ADDITIONAL STATE FUNDS Addillonal Federal and Slate funding made available for Improvements if M City agrees to assume ownership and maintenance of Hwy, 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 1,585828 391,457 1,957,283 154,000 38,500 192,500 1,917,11N 479,457 2,397,283 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 rete 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 lar any increases in scope %W1 be the responsiblily 0 the Cry and be added to the $3,358,600 cap amount. 0AWINWORDIDO8 I IZH y,112 Fayene011e Fundi Breandownxbz ATTACHM ENT A IN SIOVz1fe N'oTtgrmv _ Z g W w > t ns I' Oil I` S p vv W V) LI T W K 2 b J • Q R � O a � ti rj O ~ Si SZ w C� ob W -x • v • W \ R 4 N _ J � d a O Vl 6 �V C V Va VT f T I `t SIOVz1fe N'oTtgrmv L 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. 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 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 (621). 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 m 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. Mak_ e 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. Acle 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 Q), 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 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. 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 docs 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. Dox 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 Vl 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 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 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 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&Fayetteville_040582 Hwy,112 Fayetleville Funding 8reakdovm.xlsx Attachment B 1,917,828 479,457 2,392,203 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&Fayetteville_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 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 CER 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: 7125117 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.: I Location and Description of Work Performed I I Special Instructions and/or Conversations I Signed: Designated Full-time Employee Project Conditions Site Conditions Weather Number of Contractor's Personnel Useable Sunny Laborers Partly Useable Partly Cloudy Carpenters Not Useable Rain Rainfall Amt. (in.) Concrete Laborers Equip, Operators Min Temp. (F) Max Temp. (F) Electricians Comments Plumbers Foreman Othei Other I Location and Description of Work Performed I I Special Instructions and/or Conversations I 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-1213, 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 dpi .... �.. 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 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: 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 &WLR 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 ADMINISTRA'T'IVE 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 notLass than $10,000 and not more than $100,000 for each such failure. '1/ of Fayetteville I 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 1 & (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 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: 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 (15th 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 ESTIMATED ADDITIONAL STATE FUNDS' Addillonal Federal and State funding made�available fo`r improve.nenit it the Cily agreesto assume ownership and maintenance of Hgry:112., This amount will either be increased ordeereasedaased'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: Maple Steel - 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 rr Leroy Pond Drive • North 0.54 Const +CENG 192,500 479,457 2,397,283 ESTIMATED ADDITIONAL STATE FUNDS' Addillonal Federal and State funding made�available fo`r improve.nenit it the Cily agreesto assume ownership and maintenance of Hgry:112., This amount will either be increased ordeereasedaased'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. Funding for any increases inscope wig 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 $$,358,600 cap amount:. O;IWINWORED & COOlinformationlFayellevillelHighway 1121Hwy.112 Fayetteville Funding Breakdown.zlsz ATTACHMENT A rrr rr � rr'. 1,917,826 479,457 2,397,283 Note: Job 040582's construction cost estimate is based on the current design. Cily funds are capped at $3,358,600 in STP•A and matching funds. AHTO is committed to providing the full amount of gap funding necessary for Job.040582; �> contingent upon receiving a responsive bid that is within an acceptable range of the engineer's estimate, The City of Fayetteville will revise the current design to incorporate some desired changes. Funding for any increases inscope wig be the responsiblity of the City and will be added to the $3,358,600 cap amount. Once the project is let to contract, an increase in cost due to added scope will be the responsibility of the City. An increase in cost due to normal change in`. conditions will be the responsibility of the Department. µ , AHTO is committed to providing funds for the overlay projects using our basic design standards. Funding for any increases in scope will be the responsiblity of the.City and be added to the $$,358,600 cap amount:. O;IWINWORED & COOlinformationlFayellevillelHighway 1121Hwy.112 Fayetteville Funding Breakdown.zlsz ATTACHMENT A HWY, XXX -FULL DEPTH C.C.C. & G. LT. & RT, ATTACHMENT B 1-1- - -- TYPICAL SEC 'ilM Ur wHOVEMENT Ij'CON LI-a U'.0" LANE IT-V LANE TURN LANE 1--0' LANE T.O" LANE o' -IJ-5- CoNd W497515 1� ) D W U.T,) So PROFj V 11 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. Johs 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 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 0 F FAYETTEVILLE ARKANSAS 1