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HomeMy WebLinkAbout66-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 66-23 File Number: 2023-437 UTILIZE FEDERAL -AID FUNDS - MILLSAP RD., COLLEGE AVE. AND N. HEMLOCK AVE. PROJECT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE MILLSAP ROAD AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT AND THE NORTH HEMLOCK AVENUE IMPROVEMENT PROJECT WHEREAS, the City of Fayetteville understands Federal -Aid Surface Transportation Block Grant Program - Attributable (STBGP-A) funds have been approved by the Northwest Arkansas Regional Planning Commission at 80% federal participation and 20% local match for road improvements to North Hemlock Avenue and the Millsap Road/College Avenue intersection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas expresses its willingness to participate in accordance with its designated responsibilities in this project, including maintenance of this project and providing local matching funds in the amount of $80,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute all appropriate applications, agreements, and contracts necessary to expedite the construction of the above stated project. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the City of Fayetteville to cooperate with the Arkansas Department of Transportation to initiate action to implement this project. PASSED and APPROVED on March 7, 2023 Approved Attest: 0111111111111 i i ,.���.•' cl T y •F9J,' _;�• ; •c L' eld rdan, May r ara Paxton, City Clerk reasurer � [AYEr7Ely1 sir/• �1gN�P' • �`�� Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 7, 2023 CITY COUNCIL MEMO 2023-437 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Chris Brown, Public Works Director DATE: SUBJECT: A Resolution expressing the willingness of the City of Fayetteville to utilize Federal - aid funds for the environmental, permitting, right of way and construction phases of the Millsap Rd. and College Ave. Intersection and N. Hemlock Ave. Project RECOMMENDATION: Staff recommends approval of the attached resolution for the Millsap Rd. and College Ave. Intersection and N. Hemlock Ave. Project. The resolution provides for: • The City understands that Federal -aid Surface Transportation Block Grant Program -Attributable funds are available for this project using the participating ratio of 80% Federal/20% City. • The City will participate in accordance with its designated responsibilities for this project. • The Mayor, or his designee, is authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this City project. • The City pledges its full support and hereby authorizes the Arkansas Department of Transportation (ARDOT) to initiate action to implement this project. BACKGROUND: In 2012, the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) designated the Fayetteville -Springdale -Rogers, AR -MO urbanized area as a Transportation Management Area (TMA). This TMA designation provides Surface Transportation Block Grant Program — Attributable (STBGP-A) funds to the Northwest Arkansas Regional Planning Commission (NWARPC) based on the 2010 Census Urbanized Area population of 295,083. In becoming a TMA, the Northwest Arkansas Regional Planning Commission, of which Fayetteville is a member, will have STBGP-A discretionary funding available at approximately $9,000,000 per year. Under current legislation, these STBGP-A funds can be utilized for all permitted transportation projects at the discretion of the TMA Policy Committee. An application for federal funding of the Millsap Rd. and College Ave. Intersection and N. Hemlock Ave. Project was submitted to and selected by the Northwest Arkansas Regional Planning Commission (NWARPC). On August 24, 2022, the NWARPC approved funding of the environmental and right of way phases for $320,000 (80%) from STBGP-A funds, but the City must provide a 20% local match of $80,000 for a total of $400,000. Other project phases such as utilities and construction will be submitted for future year's available STBGP-A funding. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The next step in this process is approval of the Agreement of Understanding with ARDOT. Therefore, a City Council resolution expressing the willingness of the City to utilize Federal -aid funds, and to provide matching funds for the Federal -aid dollars, and to authorize the Mayor to sign the project agreement is needed. BUDGET/STAFF IMPACT: This project will be based on an Agreement of Understanding with ARDOT in which Federal -aid money will pay 80% of the project amount and the City will pay 20%. Based on the total estimate of $400,000 for environmental and right of way phases, the federal aid portion will be $320,000 and the City's portion $80,000. (These numbers are subject to change as the project is developed and more detailed estimates are provided.) The Federal portion will be paid from the Surface Transportation Block Grant Program - Attributable (STBGP-A) funds. City funds will be from the Transportation Bond Program ATTACHMENTS: SRF ARDOT Agreement, ARDOT Millsap Agreement of Understanding and Resolution, Exhibit, STBGP-A-FFY2023-College Millsap Hemlock packet Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-437 A Resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds for the environmental, permitting, right of way and construction phases of the Millsap Rd. and College Ave. Intersection and N. Hemlock Ave. Project A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE MILLSAP ROAD AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT AND THE NORTH HEMLOCK AVENUE IMPROVEMENT PROJECT WHEREAS, the City of Fayetteville understands Federal -Aid Surface Transportation Block Grant Program -Attributable (STBGP-A) funds have been approved by the Northwest Arkansas Regional Planning Commission at 80% federal participation and 20% local match for road improvements to North Hemlock Avenue and the Millsap Road/College Avenue intersection. 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 expresses its willingness to participate in accordance with its designated responsibilities in this project, including maintenance of this project and providing local matching funds in the amount of $80,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute all appropriate applications, agreements, and contracts necessary to expedite the construction of the above stated project. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the City of Fayetteville to cooperate with the Arkansas Department of Transportation to initiate action to implement this project. Page 1 Matt Casey Submitted By City of Fayetteville Staff Review Form 23-437 Item ID 3/7/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/14/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds for the environmental, permitting, right of way and construction phases of the Millsap Rd. and College Ave. Intersection and N. Hemlock Ave. Project Budget Impact: 4602 - Streets Project (2019 Bonds) Account Number Fund 46020.7227 Millsap/College Intersection Improvements Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: UOFARKANSAS DEPARTMENT TRANSPORTATION The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Mayor Jordan: ARKANSAS DEPARTMENT OF TRANSPORTATION ARDOT.gov I IDriveArkansas.com Lorie H. Tudor, P.E., Director 10324 Interstate 30 1 P.O. Box 2261 I Little Rock, AR 72203-2261 Phone:501.569.2000 1 Voice/TTY711 1 Fax:501.569.2400 January 30, 2023 Re: Millsap Rd./College Ave. Inters. Impvts. & N. Hemlock Ave. Impvts. Reference is made to the Millsap Road and College Avenue Intersection Improvements and North Hemlock Avenue Improvements project recently approved by the Northwest Arkansas Regional Planning Commission. In order to proceed with a Federal -aid project, your City Council must adopt a resolution (sample enclosed) authorizing you to enter into any necessary agreements with the Department for the project. Then you and the City Attorney must sign the enclosed Agreement of Understanding. Upon receipt of the resolution and Agreement, State and Federal -aid job numbers will be assigned and a copy of the executed Agreement of Understanding will be returned to you. When submitting the Agreement to the Department for execution, you will also need to complete Form LPA-005, Form LPA-018, and Form LPA-019. All referenced Forms are available in digital format at www.ardot.gov/LPA. If you have any questions, please contact Carlos Meredith in our Program Management Division at (501) 569-2481 or Carlos. Meredit iLti)ardol.g_ov. Sincerely, Y�7�Q�� 'Y6l"Jared D. Wiley Assistant Chief Engineer — Planning Enclosures c: Deputy Director and Chief Engineer Consultant Contracts Administrator Program Management Roadway Design Transportation Planning and Policy District 4 Mr. Tim Conklin, Interim Director — NWA Regional Planning Commission FEDERAL -AID PROJECT RESOLUTION RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE FOLLOWING CITY PROJECT: Millsap Rd./Colle,-e Ave. Inters. Impvts. & N. Hemlock Ave. Impvts. WHEREAS, the Northwest Arkansas Regional Planning Commission has approved Federal -aid Surface Transportation Block Grant Program — Attributable funds for the project at the following Federal and City participating ratios, up to the maximum Federal -aid available: Type Work Work Phase Federal % City % Projects that reach construction Preliminary Engineering 80 20 Right -of -Way 80 20 Utilities 80 20 Construction 80 20 Construction Engineering 80 20 Projects that never progress to All Phases -0- 100 construction NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS THAT: SECTION I: The City will participate in accordance with its designated responsibilities in this project. SECTION II: The Mayor or his designated representative is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this City project. SECTION III: The City pledges its full support and hereby authorizes the Arkansas Department of Transportation to initiate action to implement this project. THIS RESOLUTION adopted this day of 92023. Lioneld Jordan Mayor of Fayetteville ATTEST: (SEAL) AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION In Cooperation with the U.S. Department of Transportation, Federal Highway Administration RELATIVE TO Implementation of the Millsap Road and College Avenue Intersection Improvements and North Hemlock Avenue Improvements (hereinafter called the "Project") as a Federal -aid Surface Transportation Block Grant Program Attributable (STBGP>200K) project. WHEREAS, funding in Infrastructure Investment and Jobs Act (IIJA) includes the following Federal -aid funds for certain local projects: Maximum Minimum Federal % Sponsor % Preliminary Engineering by Consultant 80 20 Right-of-Way/Utilities 80 20 Construction 80 20 Construction Engineering by Consultant 80 20 Department Administrative Costs 80 20 WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has expressed its desire to use Federal -aid funds for the eligible Project and to provide necessary matching cash share for such funds; and WHEREAS, the Sponsor will transmit to the Arkansas Department of Transportation (hereinafter called the "Department") a signed and sealed Resolution from the City Council authorizing the Sponsor's Chief Executive Officer (CEO) to execute agreements and contracts with the Department for the Project; and WHEREAS, the Northwest Arkansas Regional Planning Commission (hereinafter called the "Commission") awarded the Sponsor STBGP>200K funds; and WHEREAS, funding participation will be as follows, subject to a limit of $320,000 maximum Federal -aid funds, for the environmental and right-of-way phases of the Project, and obligation limitation approved; and WHEREAS, the Sponsor knows of no legal impediments to the completion of the Project; and WHEREAS, it is understood that the Sponsor and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Form LPA-001) 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; and Agreement of Understanding Between the City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual (available at ARDOT.gov) which outlines procedures and requirements which must be followed during development and construction of the Project; and WHEREAS, the parties agree, unless specifically stated otherwise, that the provisions of this agreement are not intended to create or confer a third party benefit or right in any person or entity, not a party to this agreement. IT IS HEREBY AGREED that the Sponsor, Commission, and the Department, in cooperation with the Federal Highway Administration (FHWA), will participate in a cooperative program for implementation and will accept the responsibilities and assigned duties as described hereinafter. THE SPONSOR WILL: Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Form LPA-005). If the designated full-time employee changes, the Sponsor must notify the Department by resubmitting Form LPA-005. The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; • 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, Sponsor 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 Sponsor and consultant staff at all stages of the project. 2. Initially submit to the Department $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs associated with state preliminary engineering, which include but are not limited to, on site meetings, environmental review, and plan and specification review. The Sponsor's final cost for this phase will be determined by actual Department charges to preliminary engineering. 3. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency Consultant Selection Procedures (Form LPA-002) 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. 4. At the Department's discretion, the Sponsor may request that the Department contract with one of its on -call consultants for environmental engineering on behalf of the Sponsor. -2- Agreement of Understanding Between the City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 5. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Form LPA-003 for items to be included in the bid proposal.) 6. 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. 7. Understand that expenditures for preliminary or construction engineering performed by the Sponsor's forces are not eligible for reimbursement with federal funds. 8. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 9. Ensure that the plans and specifications are developed using the Department's standard drawings and Standard Specifications for Highway Construction (latest edition). 10. 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. 11. 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. 12. 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"). 13. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 14. Be responsible for all non -reimbursable costs associated with the Sponsor owned utilities as defined in the Department's Utility Accommodation Policy. 15. Be responsible for the matching share for all reimbursable costs associated with the Sponsor owned utilities as defined in the Department's Utility Accommodation Policy. 16. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor's clear and unencumbered title to any right-of-way to be used for the Project (Form LPA-007). If property has been acquired for the Project, use Form LPA-006 for certification of the right-of-way. NOTE: Any property that is to become Department right-of-way must be acquired in the Department's name. 17. Submit plans at 30%, 60%, and 90% completion stages for Department review. 18. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. -3- Agreement of Understanding Between the City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 19. Advertise for bids in accordance with federal procedures as shown in Form LPA-010. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 20. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 21. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Form LPA-013), including all items noted, to the Department. 22. Prior to awarding the construction contract, submit a check for $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs on the Project during construction. The Sponsor's final share of cost for this phase will be determined by actual Department charges to construction engineering. 23. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre -construction meeting with the Contractor and must invite the Department's Resident Engineer assigned to the Project. 24. Ensure that all work, material testing and acceptance, and inspection is conducted in accordance with the Department's Standard Specifications for Highway Construction (latest edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual and with the plans, specifications, and all other applicable FHWA and Department procedures for the Project. 25. 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. 26. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Form LPA-014). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 27. Attach LPA Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. 28. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the Department's Resident Engineer assigned to the Project for review and approval for program eligibility. 29. 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 (Form LPA-016). This form must be signed by the engineer performing construction inspection on the Project, the Department's Resident Engineer assigned to the Project, the Sponsor's full-time employee in responsible charge, and the Sponsor's CEO. in Agreement of Understanding Between the City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 30. 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 Project 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. 31. 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. 32. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the Sponsor's contractor on the Project shall be the sole responsibility of the Sponsor's contractor and in this regard the Sponsor shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the Sponsor with documentation of proof of liability insurance coverage with submission of the signed contract. 33. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass -through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The Sponsor also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass -through entity, shall not be responsible or liable for any damages whatsoever from the actions of the Sponsor, its employees, agents and contractors. 34. 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. 35. 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 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Form LPA-017). 36. Grant the right of access to the Sponsor's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. -5- Agreement of Understanding Between the City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 37. Be responsible for 100% of all project costs incurred: • should the Project not be completed as specified; • should the Project be declared non -participating in federal funds, including any such award by the State Claims Commission; or • not provided by the Federal Highway Administration. 38. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. 39. Repay to the Department the federal share of the cost of any portion of the Project if, for any reason, federal participation is removed due to actions or inactions of the Sponsor, its agents, its employees, or its assigns or the Sponsor'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 Sponsor understands and agrees that the Department may cause necessary funds to be withheld from the Sponsor's Motor Fuel Tax allotment should the Sponsor fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Project. 40. Retain total, direct control over the Project 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 Project; • change the intended use of the Project; • 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. 41. 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 Project in accordance with Federal -aid requirements may result in the Sponsor's repayment of federal funds and may result in withholding all future Federal -aid. 42. 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 Sponsor expends more than $750,000 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 Sponsor's fiscal year. The $750,000 threshold is subject to change after OMB periodic reviews. 43. Promptly notify the Department if the Project improvements outside of the Department's right-of-way are rendered unfit for continued use by natural disaster or other cause. 44. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Form LPA-019). 45. After each quarter of the calendar year, complete and transmit to the Department the LPA Project Quarterly Report Form (Form LPA-020) until the Project is complete. Eel Agreement of Understanding Between the City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation THE COMMISSION WILL: 1. Provide up to $320,000 in Federal -aid funds for the environmental and right-of-way phases of the Project as funds become available. THE DEPARTMENT WILL: 1. Maintain an administrative file for the Project and be responsible for administering Federal -aid funds. 2. At their discretion, contract with one of its on -call consultants for environmental engineering on behalf of the Sponsor. 3. Review plans and specifications submitted by the Sponsor. 4. Notify the Sponsor when right-of-way and/or utility plans are approved and the Sponsor may proceed with right-of-way acquisition and/or utility adjustments. 5. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the appropriate documentation to the file. 6. Ensure substantial compliance with federal contracting requirements through review of the bidding proposal for inclusion of required federal forms, review of the administration of the DBE program provisions, and general compliance with 23 CFR 635. 7. Advise the Sponsor when to proceed with advertisement of the Project for construction bids. 8. Review bid tabulations and concur in award of the construction contract for the Project. 9. Ensure that the Sponsor and the Sponsor's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the Sponsor's representatives and their consultant to verify that the work being performed by the Sponsor's contractor, and documented and certified by the Sponsor, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. 10. Review and approve any necessary change orders for project/program eligibility. 11. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs approved in the CCRR form (Form LPA-014). This reimbursement will be limited to the maximum Federal -aid amount and to the federal amount available at the time payment is requested. If the payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. 12. Subject to the availability of Federal -aid allocated for the Project, pay the Sponsor the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Form LPA-016). 13. Provide all form updates via email to the contact as shown on Form LPA-005. 14. Be reimbursed for costs involved in performing all the services listed above. -7- Acrecment of Understanding Bemeen the City of FayettcciIle, Northwest Arkansas Regional Planning Commission. and the Arkansas Department of Transportation IT IS FURTHER AGREED that the Department reserves the right to cancel the Project without liability against the Department for any reason including, but not limited to, unreasonable delay or lack of progress, the Sponsor is unable to provide an audit -worthy reason for the substantial delay in the project development or completion process, or the Sponsor is unresponsive to the Department's requests. IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure may disqualify the Sponsor from receiving future Federal -aid highway funds. IT IS FURTHER AGREED that should the Sponsor 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 Sponsor's Motor Fuel Tax allotment. IN WITNESS WHEREOF, the parties thereto have executed this Agreement this -H, day of M av- c- , 2023. -8- Agreemmnt of l'nderstanding Between the City of Fayette%iIIe, Northwest Arkansas Regional Planning Commission, and the Arkansas Department o(Transportation Agreement of Understanding between: The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Millsap Road and College Avenue Intersection Improvements and North Hemlock Avenue Improvements Project. Kit Williams Attorney Signatories THE CITY OF FAYETTEVILLE 0 3 - 01-- 2-S Date Date u Agreement of Understanding Between the City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation Agreement of Understanding between: The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Millsap Road and College Avenue Intersection Improvements and North Hemlock Avenue Improvements Project. Signatory NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION Tim Conklin Interim Director -10- ; 2---3—oX3 Date Agreement of Understanding Between the City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation Agreement of Understanding between: The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Millsap Road and College Avenue Intersection Improvements and North Hemlock Avenue Improvements Project. Signatory ARKANSAS DEPARTMENT OF TRANSPORTATION , x � L_ W, 4WI64 '&/ Lor' H. Tudor, P.1 Date Director All Forms referenced in this Agreement are available in digital format on the Department's webpage www.ardot.gov/LPA. ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE OF NONDISCRIMINATION The Arkansas Department of Transportation (Department) complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety Administration Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and treatment in the Department's programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to Joanna P. McFadden Section Head - EEO/DBE (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: ioanna.mcfadden(idot.eov. 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. -11- Form LPA-001 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".) Rev. 8/27/19 Form LPA-002 LOCAL AGENCY K�7►[+'i�J��_1►��+y=1�=[K�[�7►��:Z�Zy=1�1�1:7�►'� Section I — Application (These procedures do not apply to Design -Build Contracts.) These procedures apply to federally and state funded contracts for engineering and design related services for projects and are issued to ensure that a qualified consultant is obtained through an equitable qualifications -based selection procurement process and that the prescribed work is properly accomplished in a timely manner at a fair and reasonable cost. Engineering and design related services are defined in 23 Code of Federal Regulations (CFR) Part 172 to include program management, construction management, preliminary engineering, design engineering, surveying mapping, or architectural related services with respect to a highway construction project. These services also include professional services of an architectural or engineering nature, as defined by State law, which are required to or may logically or justifiably be performed or approved by a person licensed, registered, or certified to provide the services with respect to a highway construction project. Contracts for these services that are paid with Federal -aid highway program (FAHP) funding will be awarded following these selection procedures. The federal laws and regulations that govern the procurement of engineering and design related services with FAHP funds are: • 23 United States Code (U.S.C.) 106 "Project approval and oversight" • 23 U.S.C. 112 "Letting of contracts" • 23 U.S.C. 114(a) "Construction Work In General" • 23 U.S.C. 302 "State transportation department" • 23 U.S.C. 315 "Rules, regulations, and recommendations" • 23 U.S.C. 402 "Highway safety programs" • 40 U.S.C. Chapter 11 — Selection of Architects and Engineers, §§1101 et seq., commonly called the "Brooks Act" • 2 CFR Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" • 23 CFR Part 172 "Procurement, Management, and Administration of Engineering and Design Related Services" • 48 CFR Part 31 "Contract Cost Principles and Procedures" • 49 CFR Part 1.48(b) "The Federal Highway Administrator is delegated authority to administer the following provisions of title 23, Highways, U.S.C." In accordance with the above federal laws and regulations, the Arkansas Department of Transportation (Department) has approved these procedures for use by 1 the Local Agency for the "competitive negotiation" (qualifications -based selection) method of procurement as defined in 23 CFR §172.7, Procurement Methods and Procedures that complies with the Brooks Act (40 U.S.C. §§1101, et seq.). The Local Agency will use these procedures for Federal -aid contracts and may elect to use them for non -Federal -aid contracts. Section II — Advertisement for Letters of Interest 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 Department'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: 1. A cover letter with the firm's response including primary contact information. 2. The firm's completed Architect -Engineer Qualifications Standard Form (SF) 330 Parts I and II (48 CFR §53.236-2(b)). (SF 330 is available on the Department's website.) http://arkansashighways.com/consultant services/advertisements/advertisem ents.aspx 3. A current copy of the firm's equal employment opportunity policy required per Arkansas Code Annotated (Ark. Code Ann.) §19-11-104. 4. The firm's current copy (within 12 months) of the Department and Finance and Administration (DFA) Illegal Immigrant Contractor Disclosure Form (Ark. Code Ann. §19-11-105). httas://www.ark.ora/dfa/immiarant/index.DhD/user/welcome Advertisements may be for either a specific single project; a group of projects; or for an on -call or indefinite delivery/indefinite quantity (IDIQ) for an established contract period (not to exceed 5 years), to be determined at a later date with specific task orders issued for each project. (23 CFR §172.9(a)) When advertising a specific project, the advertisement will describe the work in general terms allowing firms to evaluate their interest in performing the desired services. When advertising 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. 2 When advertising for an on -call / IDIQ projects with later specified task orders, the advertisement will include a general description of work for the project task and the number of consultants anticipated to be selected. If a solicitation fails to yield three qualified respondents, then the Local Agency may proceed with evaluation and selection if the Local Agency and the Department determines that the solicitation did not contain conditions or requirements that arbitrarily limited competition. Alternatively, the Local Agency may pursue procurement following the noncompetitive method when competition is determined to be inadequate and it is determined to not be feasible or practical to re -compete under a new solicitation. (23 CFR §172.7(a)(1)(iv)(D)) Solicitations will include language to comply with state procurement laws, rules, and regulations including but not limited to Ethical Standards (Ark. Code Ann. §19-11- 708), Employee and Relative Disclosure, and Equal Opportunity Policy. Interested firms are advised that in order to comply with state and federal requirements that the Local Agency will verify suspension and debarment actions and eligibility status of consultants in accordance with 2 CFR Part 1200 and 2 CFR Part 180. Ark. Code Ann. §§19-11-701 through 19-11-714 addresses ethics and conflicts of interest. Federal regulations about conflicts of interest are described in 2 CFR §200.112, 23 CFR §1.33, and provisions of 23 CFR §172.7(4). No Local Agency employee may participate in selection, award or administration of a contract in which the Local Agency employee or any member of his or her immediate family has a financial, prospective financial, or other interest. Additionally, in accordance with Ark. Code Ann. §19-11-704(b) it is a breach of ethical standards for any person, including potential consultants, or parties to subagreements to engage in any conduct or behavior with other consultants, contractors, cities, counties, state agencies, or metropolitan/local planning organizations that may influence any public employee to breach the standards of ethical conduct provided by state and federal laws. Section III — Selection Committee The Local Agency will designate a Selection Committee (Committee) to evaluate and analyze the letters of interest (LOI) and proposals. 91 Section IV — Evaluation of Letters of Interest The Committee will evaluate each consultant firm based on the criteria provided in the detailed LOIs in general as follows: No. Evaluation Factors for LOIs Maximum Points Possible Professional staff including the education, experience, 1 number of personnel available, and any partnerships 10 with sub -consultants General and professional reputation, including 2 responsiveness to civil rights and equal employment 10 opportunity requirements and opportunities 3 *Past work performance 10 4 Experience with projects of a similar nature as those 10 advertised Total Points for LOI 40 *Past performance or evaluations from other clients will be considered when the firm has not worked for the Local Agency previously. Following their review, the Committee will prepare a short list (minimum of three) of the top ranked engineering firms and recommend that these firms submit detailed proposals for further evaluation. Section V — Request for Proposal 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, which are identified by FHWA as Projects of Division Interest (PoDI) projects, the Local Agency will forward the scope of work statement to the Department and FHWA for review and approval before soliciting request for proposals (RFPs). A Local Agency's scope of work will typically include the following: 1. A detailed purpose and description of the work, 2. Services that will be furnished by the Local Agency, 3. Services that will be furnished by the consultant, 4. Deliverables to be provided, 5. Project conditions of the work, 6. Schedule for performance of the work, 7. Special conditions of the work including applicable standards, specifications, and policies, and 8. Assurance of participation of certified Disadvantaged Business Enterprises (DBE) in Federal -aid projects as Department goals for the Project are established. rd 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, and 6. Updated Standard Form 330 Parts I and II, if necessary. The Committee will review the proposals with particular attention to the five (5) listed evaluation factors for the proposals and will also consider the results determined in 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 20 understood 2 Comprehensive, coherent, and detailed work plan 20 3 Realistic work schedule when applicable 10 4 Proposed working office location, need for a local 5 office, and any local representative* 5 Identification of sub -consultants and responsiveness to 5 DBE goals and opportunities 6 Total Points for LOI 40 Total Points for Proposals 100 *Locality preference shall not be based on political or jurisdictional boundaries and may be applied on a project -by -project basis for contracts where a need has been established for a consultant to provide a local presence, a local presence will add value to the quality and efficiency of the project, and application of this criteria leaves an appropriate number of qualified consultants, given the nature and size of the project. (Consultants indicating that it will satisfy this factor in some manner, such as establishing a local project office, shall be considered to have satisfied this factor.) Based on these evaluation factors, the Committee will rank the consultants based on the total score and submit the list to the Local Agency who will either: 1. Select one (1) firm to enter negotiations with; or 2. Select a. Multiple firms for an IDIQ contract; or b. Three 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 ranking list will be submitted to the Local Agency for review and final selection. The Local Agency's 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 the Department. 61 Notification must be provided to all responding consultants of the final selection of the most qualified consultant including the ranking of the top three consultants on projects where only one consultant is selected. 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(s). The other firms on the short list will be advised of the firm selected, subject to successful negotiations. Prior to receipt or review of the draft contract and cost estimate, the Local Agency shall prepare a detailed independent estimate with an appropriate breakdown of the work or labor hours, types or classifications of labor required, other direct cost and consultant's fixed fee for the defined scope of work. The independent estimate shall serve as the basis for negotiation to ensure a fair and reasonable cost is obtained. More than one firm may be selected for an on -call or IDIQ contract. The contract will establish a maximum ceiling price for work issued under the contract as well as an expiration date not to exceed 5 years, per 23 CFR Part 172. Individual task order cost estimates will be negotiated when issued. The selected firm will prepare a draft contract based on a sample contract furnished by the Department. In accordance with the principles of 23 CFR 172, the draft contract must include an overhead rate that is approved by the Department. If the contract exceeds $250,000, in accordance with the Department's Indirect Cost Rate Audit Requirements, the indirect cost rate shall be verified through an audit performed by a certified public accountant on behalf of the consultant. If the contract is less than $250,000, and at least one of these 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 3. When the contract involves procurement of new equipment or supplies for which cost experience is lacking then the Consultant shall provide the indirect cost rate verified through an audit performed by a certified public accountant on behalf of the consultant. The certified audit shall be provided by the selected firm prior to the submission of the final draft contract. Pursuant to this requirement, the Department 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 ceiling price that the Local Agency deems is fair and reasonable. If a satisfactory contract cannot be negotiated with the selected firm, negotiations will be R* 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 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, or 3. Pursue procurement following the noncompetitive method when competition is determined to be inadequate and it is determined to not be feasible or practical to re -compete under anew solicitation. (23 CFR §172.7(a)(1)(iv)(D)) When the Local Agency and the consultant agree the negotiated contract is fair and reasonable, the consultant will prepare a final draft and submit it to the Local Agency and the Department 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 the Department for final review and approval including funding. 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 on -call or IDIQ contracts where the consultant performs a management role utilizing federal funds, the Department 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 on -call or IDIQ 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 then execute the task order. The task order will subsequently be submitted to the Department for final review and approval including funding. When approved, copies of the signed task order will be distributed within the Local Agency and to the consultant. For PoDI projects, the Department will forward the initial and final drafts of the task order to FHWA for review, comment, and approval. Upon FHWA approval, the final task order is executed. 7 Section VII — Monitoring the Contract The Local Agency may designate 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, 4. Review progress payments, 5. Coordinate questions from the consultant, 6. Negotiate any change or amendment to the contract and submit to the Department for review and approval, and 7. Prepare an evaluation of the consultant's performance after completion of the contract. A copy of the evaluation shall be submitted to the Department. Section VIII — 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 performed in accordance to the prevailing industry standards, including standards of conduct and care, format and content, meet the satisfaction of the Local Agency, and conform to the requirements of the Agreement. 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 in accordance with industry standards. 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. IQ Form LPA-003 REQUIRED CONTENTS OF BIDDING PROPOSALS FEDERAL -AID 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 2 of the United States Code of Federal Regulations, Part 180 (2 CFR Part 180). 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 or highway. The Davis - Bacon wage rates will be provided by the Department. 5) "Buy America" Provisions Because federal highway funds are included in this project, "Buy America" requirements, as specified in Title 23 of the United States code Section 313 and Title 23 of the code of Federal Regulations Section 635.410, apply to this project. This requirement applies to all iron and steel products used on the project. A section of the bidding documents should specify these requirements as part of the project and it should at least be noted in the advertisement for bids. CITY OF FAYETTEVILLE ARKANSAS February 13, 2023 Ms. Jessie Jones Division Engineer — Program Management Arkansas Department of Transportation P.O. Box 2261 Little Rock, AR 72203-2261 Re: Job xxxxxx Millsap/College (Hwy 71 B) Int./Hemlock Ave. (Fayetteville)(S) Washington County Dear Ms. Jones: The full-time employee in responsible charge of the day to day oversight for the referenced project will be Matt Casey, P.E. 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. This employee may be reached by phone at (479) 444-3424 or by email at mcaseyi(a1fayetteville-ar.gov. Sincgrely, Lioneld Mayor Mailing Address: 113 W. Mountain Street www.fayettevllle-ar.gov Fayetteville, AR 72701 Form LPA-006 SPONSOR LETTERHEAD JOB NUMBER JOB NAME 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. 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 ,delete 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(s)/business(esersonal 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: Form LPA-007 SPONSOR LETTERHEAD JOB NUMBER JOB NAME COUNTY Title to the right of way necessary for the construction of this project was in public ownership prior to project development. No additional right of way was acquired. There are no displacees on this project. There are no structures located within the right of way area. There are no railroads involved on this project. No known conflicting utilities exist within the right of way area. Certified by: (Type name) (Type title) Date: Form LPA-008 PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING A UTHORITY TO AD VERTISE DATE Mr. Rex Vines Deputy Director and Chief Engineer Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Dear Mr. Vines: Re: Job # Job Name Coun The following documents are submitted concerning the referenced project: 1. One set of plans and specifications. 2. A copy of the preliminary estimate of cost. 3. An unexecuted copy of the bid proposal form. 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 (Sponsor Name) will promptly repay such funds to the Arkansas Department of Transportation (ARDOT). Further, I hereby authorize the Director of the Arkansas State Department of Finance and Administration to transfer such funds from the (Sponsor Name)'s Motor Fuel Tax allotment to the ARDOT's RRA Fund upon notification by the ARDOT Director of that such funds are due ARDOT and have not been paid by the (Sponsor Name). Approval to proceed with advertisement of the project for bids is requested. Sincerely, NAME & OFFICE (Sponsor's CEO) Enclosures Form LPA-010 GUIDELINES FOR ADVERTISING AND OPENING BIDS FEDERAL -AID PROJECTS Upon receipt of written authorization from the Arkansas Department of Transportation (Department), the project may be advertised for bids. The following minimum guidelines for advertising must be met: • The minimum advertising period is three weeks (21 days). • 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 (online or print versions are acceptable). • 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 Sponsor will forward a copy of the approved advertisement to the Department once advertisement starts. Any addenda will also be sent to the Department during the advertisement period. • The Sponsor will include the following language in the solicitation for bids: "The (INSERT SPONSOR NAME) 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." "`Buy America' provisions apply to this project." "Registration and good standing in the System for Award Management (SAM) will be required prior to contract execution." • 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 aloud (the sponsor 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 strictly prohibited. Form LPA-013 PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING CONCURRENCE INA WARD OF THE CONTRACT DATE Mr. Rex Vines Deputy Director and Chief Engineer Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Dear Mr. Vines: Re: Job # Job Name Coun 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). 3. A check for $1,000 for ARDOT construction involvement. 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 (Sponsor Name)'s Attorney. Additionally, I certify that the bid is being awarded to the lowest responsive and qualified bidder and that there has not been, nor will there be, any negotiations with the contractor or other bidders regarding the amount bid. Your concurrence in the award of this contract to (INSERT CONTRACTOR NAME) for (INSERT LOW BID AMOUNT) is requested. 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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 Form LPA-016 SPONSOR 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 Sponsor 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. SPONSOR's CEO 1/28/2021 Form LPA-017 Page 1 of 2 2 CFR Part 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D - Post Federal Award Requirements Record Retention and Access §200.334 Retention requirements for records. Financial records, supporting documents, statistical records, and all other non -Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass -through entity in the case of a subrecipient. Federal awarding agencies and pass -through entities must not impose any other record retention requirements upon non - Federal entities. The only exceptions are the following: (a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (b) When the non -Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass - through entity to extend the retention period. (c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (d) When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 3-year retention requirement is not applicable to the non -Federal entity. (e) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. (f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass -through entity) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission. (2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass -through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. §200.335 Requests for transfer of records. The Federal awarding agency must request transfer of certain records to its custody from the non - Federal entity when it determines that the records possess long-term retention value. However, in order to avoid duplicate recordkeeping, the Federal awarding agency may make arrangements for the non -Federal entity to retain any records that are continuously needed for joint use. §200.336 Methods for collection, transmission, and storage of information. The Federal awarding agency and the non -Federal entity should, whenever practicable, collect, transmit, and store Federal award -related information in open and machine-readable formats rather than in closed formats or on paper in accordance with applicable legislative requirements. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding agency or pass -through entity must always provide or accept paper versions of Federal award -related information to and from the non - Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass - through entity must not require more than an original and two copies. When original records are 1/28/2021 Page 2 of 2 2 CFR Part 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D - Post Federal Award Requirements Record Retention and Access electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. §200.337 Access to records. (a) Records of non -Federal entities. The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the pass -through entity, or any of their authorized representatives, must have the right of access to any documents, papers, or other records of the non -Federal entity which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the non -Federal entity's personnel for the purpose of interview and discussion related to such documents. (b) Extraordinary and rare circumstances. Only under extraordinary and rare circumstances would such access include review of the true name of victims of a crime. Routine monitoring cannot be considered extraordinary and rare circumstances that would necessitate access to this information. When access to the true name of victims of a crime is necessary, appropriate steps to protect this sensitive information must be taken by both the non -Federal entity and the Federal awarding agency. Any such access, other than under a court order or subpoena pursuant to a bona fide confidential investigation, must be approved by the head of the Federal awarding agency or delegate. (c) Expiration of right of access. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. Federal awarding agencies and pass - through entities must not impose any other access requirements upon non -Federal entities. §200.338 Restrictions on public access to records. No Federal awarding agency may place restrictions on the non -Federal entity that limit public access to the records of the non -Federal entity pertinent to a Federal award, except for protected personally identifiable information (PII) or when the Federal awarding agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the Federal awarding agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to those records that remain under a non - Federal entity's control except as required under §200.315. Unless required by Federal, state, local, and tribal statute, non -Federal entities are not required to permit public access to their records. The non -Federal entity's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions. Form LPA-018 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. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. QY Form LPA-019 Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to htips://www.fsrs.gov/) FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. A Prime Grant Recipient (Arkansas Department of Transportation (hereinafter called ARDOT)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of Management and Budget guidance issued August 27, 2010. ARDOT is required to file a FFATA sub -award report for any sub -grant awarded to a sub-awardee greater than or equal to $25,000. As a sub-awardee, City of Fayetteville shall provide the following information to ARDOT in order to fulfill FFATA reporting requirements: A Unique Entity Identifier (UEI) 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 Form LPA-019 (A) Sub-Awardee —UEI: Required Sub-Awardee Information 075657742 Parent (if applicable) — UEI: N/A (B) In the preceding completed Federal fiscal year, did your business or organization (the legal entity to which the UEI 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 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 UEI 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 If "Yes" is selected, visit http://www.sec.govledgar.shtmi for reference. If "No" is selected, answer (D). (D) If "No" was selected in Question "C", complete the following information for the five (5) most highly compensated executives in your business or organization (the legal entity to which the UEI 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: $ Name: Amount: $ 4. Name: Amount: $ Name: Amount: $ Page 2 of 2 LPA Project Quarterly Report Form Form LPA-020 Date: Job No.: Job Name: F.A.P.: Funding Program: Year: Quarter: Sponsor: Submitted By: Sponsor Phone: Sponsor Email: vrogress Keport: CURRENT PROJECT STATUS Construction Plans: ❑ 30% ❑ 60% ❑ 90% ❑ Final Environmental All Permits Received Final Clearance Clearance: El ARDOT ARDOT to Handle Preliminary ❑ Complete El Date: Date: ROW Plans Approved Acquisition Documents ❑ No Acquisition Needed ❑ ROW Plans in Progress ❑ ❑ Approved Right of Way Date: Date: Acquisition: Acquisition Complete Right of Way Certification Submitted ❑ Acquisition Underway ❑ ❑ Conditional ❑ Final Date: Date: Utility Utility Relocation Relocation Plans Prepared Relocation Complete El Not Necessary ry El El Underway ElRelocation: Date: Date: Authority to Request Submitted ARDOT Approval Received Bid Opening Advertise: Date: Date: Date: Concurrence Request Submitted ARDOT Approval Received Contract Executed in Award: El Date: Date: Date: Progress (%) Estimated Completion Project Completed Construction: El 0% Date: Date: ARDOT Contact: Rev. 08-19-2021 CHANGE ORDER FORM Form LPA-022 ARDOT JOB NO.: F.A.P. No.: CHANGE ORDER NO.: JOB NAME: DATE PREPARED: OWNER: CONTRACTOR: UtbL;KIV I IUN Ur UHAN JUJ I IFII:A I IUN 1 KtAJUN 1-UK UHANUt SUMMARY PREPARED BY: ITEM NO. ITEM UNIT UNIT PRICE PRESENT REVISED QUANTITY AMOUNT QUANTITY AMOUNT FOTALS: Prepared by ARDOT Page 1 of 2 Revised: 2-19-20 CHANGE ORDER FORM Form LPA-022 CHANGES TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS THE CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE (INCREASED) / (DECREASED) BY THE NEW CONTRACT PRICE, INCLUDING THIS CHANGE ORDER, WILL BE CHANGES TO CONTRACT TIME: THE CONTRACT TIME WILL BE (INCREASED) / (DECREASED) BY DAYS THE CONTRACT PERIOD, INCLUDING THIS CHANGE ORDER, SHALL BE DAYS APPROVALS: ENGINEER: [INSERT ENGINEER NAME HERE] Signature Date OWNER: [INSERT OWNER NAME HERE] Signature Date CONTRACTOR: [INSERT CONTRACTOR NAME HERE] Signature Date ARDOT RESIDENT ENGINEER CONCURS Signature Date ARDOT PROGRAM MANAGEMENT APPROVES Signature Date Prepared by ARDOT Page 2 of 2 Revised: 2-19-20 0) z Lu w 0 LLUm 0 lz LU LU U) Z LU kIl U-0 LU CL U) 2 U) z < w � 0 Lu z �e II 0 0 U) z Z� tN '-9AV3E)3jj00'N do 14 z 0 or CL U) 'iS iNOLIj 'N '3AV3031100'N I , 41,107 w 0 z 0 m NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION Surface Transportation Block Grant Program — Attributable (STBG P-A) FFY2023 Project Application Project Sponsor Data: Applicant: City of Fayetteville Phone Number: (479) 575-8207 Contact: Chris Brown, PW Director E-mail: cbrown@fayetteville-ar.gov Partners: N/A General Project Data: Project Title: Millsap Rd & College Ave Intersection Improvements & N. Hemlock Ave Construction Project Description: Intersection Improvements & New Road Construction Project Purpose: Improve LOS of existing intersection & provide improved access from Sain St to Millsap Rd Please Attach a Project Site Plan, Vicinity Map, and Proposed Cross -Section NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION NOTICE OF NONDISCRIMINATION NWARPC DISCLAIMER: This notice is in accordance with the NWARPC 2045 Metropolitan Transportation Plan, the Federal Transportation Act (FAST Act) in cooperation with local agencies, the Arkansas Department of Transportation, the Missouri Department of Transportation, the Federal Highway Administration, and the Federal Transit Administration. Documents are funded in part through grant(s) from the FHWA, FTA, and/or the U.S. Department of Transportation. The views and opinions of the NWARPC expressed herein do not necessarily state or reflect those of the U.S. Department of Transportation. TRANSPORTATION IMPROVEMENT PROGRAM (TIP) PUBLIC PARTICIPATION PROCESS FOR PROGRAM OF PROJECTS (POP): The public participation procedures outlined in the NWARPC Public Participation Plan (PPP) with respect to TIP development serve as the public participation process required for the development of transit projects as per FTA Circular 9030.1E. Specifically, the public participation procedures outlined in the PPP will serve to satisfy the POP requirements of the Section 5307, Urbanized Area Formula Grant Program for the University of Arkansas/Razorback Transit and Ozark Regional Transit. The NARTS and any and all public transit operators will address the POP requirements as per FTA Circular 9030.1E. Additionally, any and all public transit operator's capital projects and operational costs are included in the NARTS TIP which is developed through a cooperative and collaborative process with interested parties and other private and public transportation providers. NWARPC NOTICE OF NONDISCRIMINATION POLICY: The NWARPC 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 NWARPC does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in NWARPC's programs and activities, as well as the NWARPC's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the NWARPC's nondiscrimination policies may be directed to Nicole Gibbs, AICP, Regional Planner— EEO/DBE (ADA/504/Title VI Coordinator), 1311 Clayton, Springdale, AR 72762, (479) 751-7125, (Voice/TTY 7-1-1 or 1-800-285-1131); Para Ilamadas en espanol, marques el 866-656-1842; papr Ilamadas en ingles, marque el 711 o directamente al 800-285-1131 or the following email address: ngibbs@nwarpc.org. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. If information is needed in another language, contact Nicole Gibbs. Si necesita informacion en otro idioma, comuniqese Nicole Gibbs, 479-751-7125, cuando menos 48 horas antes de la junta. Page 4 of 11 Section 2. Project Requirements 2.1 Required Match/Local Support. Project sponsors must provide a minimum of 20% local funding match for all projects. (Note: This a reimbursable program through ARDOT.) Required City/County Resolution or Resolution for the City/County adopted Capital Improvement Program (CIP) with proposed project shown in CIP. Attach copy of required3 re�o�t�tion authorizing the pro;^r+ 06/07/22 Resolution number: 1 Approval Date: Please provide copy of CIP showing the project programmed. If a jurisdiction does not prepare a CIP, a Resolution approved by the local governing body shall be provided indicating local support and the financial capacity to carr out the project. What source of funds will be used to match the federal funds? Street Bond Funds Type Funds STBGP-A Funds Local Match Project Cost Amount of this phase Total Project Cost (All Phases) $ 320,000.00 80.0 % $ 3,200,000.00 80.0 % $ 80,000.00 20.0 % $ 800,000.00 20.0 % (20% Minimum) (20% Required) $ 400,000.00 100.0 % $ 4,000,000.00 100 What is project phase? R/W, Environmental Design Environmental Utilities Right-of-way Construction Note: Federal Fiscal Year (Oct. 1 to Seat. 30) FFY 2022 FFY 2023 FFY 2024 FFY 2025 Oct- Dec Jan- Mar Apr- June July- Sept Oct- Dec Jan- Mar Apr- June July- Sept Oct- Dec Jan- Mar Apr- June July- Sept Oct- Dec Jan- Mar Apr- June July - Sept X X X X X X I X X Place an X in each period forthe duration of each phase. 2.2 Roadway Projects. 2.2.1 What is the classification of the street on the Local Master Street Plan? Residential Link (Collector) 2.2.2 What is the classification of the street on the Functional Classification Map- NWARPC/ARDOT? Major Collector Note: Functionally Classified Streets Collector and above qualify for STBGP-A Funding per Federal requirements. Data Source: Local Jurisdiction and NWARPC/ARDOT Page 5 of 11 2.3 2045 NWA Metropolitan Transportation Plan Project Listing. How is the project listed in the 2045 NWA MetropolitanTransportation Plan? Constrained List O Unconstrained List O Not Listed O Project name as listed in the 2045 Metropolitan Transportation Plan MillsapSt/College Ave Intersection Improvements Note: Projects not listed or on the unconstrained list in the 2045 Plan will need to be amended into the 2045 Plan per Federal requirements. 2.4 FFY 2021-2024 Transportation Improvement Program (TIP). Is the project programmed in the FFY 2021-2024 TIP? Yes O No O Project name listed in the (TIP) Bond Program Funded Projects Note: All projects must be programmed in the current TIP. If projects are not currently programmed, selected projects will need to be amended into the TIP per Federal requirements. 2.5 Adjusted Urban Area Boundary. Is the project located within the Adjusted Urban Area Boundary? Yes O No O 2.6 Existing Roadway Conditions. 2.6.1 Number of existing lanes? 2 to 6 lanes 2.6.2 What is the width of the existing street? 24 to 66 ft 2.6.3 Does the existing street have Bike/Pedestrian accommodations? Yes O No O Page 6 of 11 2.7 Proposed Improvements. What improvements are proposed? The intersection project will add double EB left turn lanes and a separate WB left turn lane on Millsap Road with pedestrian crossings on all 4 legs of the intersection. N. Hemlock Ave is a new construction project which will provide 2 lanes from the roundabout on Sain St. south to the existing Millsap Road with a new sidewalk on the West side of Hemlock Ave. 2.8 Historical Annual Average Daily Traffic (AADT) Counts - Roadways. What are the Annual Average Daily Traffic (AADT) Counts shown? 2009 317000 2014 32,000 2019 337000 2021 32,000 Data Source: https://ardot.maps.arcgis.com/apps/webappviewer/ index. html?id=8deb09579210490bafb97bd03c3c0792 2.9 Growth and Projected Annual Average Daily Traffic (AADT)- Roadways. 2.9.1 What percent growth in AADT has occurred in the last ten years? 6.00 % 2.9.2 What is the forecasted 2045 AADT? 55,365 Data Source: NWARPC Travel Demand Model 2.10 Safety. Please describe how this project will improve the safety of the transportation system. Please cite any studies that show a reduction in crash rates and/or reduction in serious and fatal injuries based on the type of project proposed. Please describe how safety will be improved for all users of the facility: vehicles, pedestrians, and bicyclists. As stated above additional turning lanes will be added to the intersection straightening out the existing poor alignment which has substandard offsets of turning lanes. Additionally, pedestrians will have protected crossing on all 4 legs of the intersection. Page 7 of 11 Section 3. Project Selection/Scoring Criteria Please answer the following questions. Scores and ranking of applications will be determined by the committee after the review of each application. 3.1 Congestion Management (Maximum of 3 points) 3.1.1 Annual Average Daily Traffic Estimate (ARDOT) - 24 Hour volume? 31,000 24 Hour street capacity*? 32,000 (See table below) Generalized Average Daily Estimated Capacity on Arterial Roadways* Level of Service D (Design Level) Two-lane Road 16,000 Four -Lane Road 32,000 3.1.2 For new streets and/or streets classified as a collector or below, please provide an estimated volume and capacity. 24 Hour estimated volume? 8,000 24 Hour estimated capacity? 16)000 3.1.3 Is the project on the NWARPC Congestion Management Process (CMP) Network? If Yes, what is the posted speed 40 (MPH) What is the Average Peak Period Speed 45 (MPH) Page 8 of 11 3.2 Regional Significance/Connectivity (Maximum of 5 points) 3.2.1 Is the project a new overpass/underpass which provides an alternative route to travel across I-49 without using an existing interchange? (1 point) NO 3.2.2 Is the project a "frontage road" along 1-49 that provides connectivity/access between interchanges and overpasses/underpasses? (1 point) NO 3.2.3 Does the project meet the definition of a Project of Regional Significance? (1 point) YES 3.2.4 Is the project located on the 4-lane network grid shown as the 2045 Proposed Network in the 2045 NWA Metropolitan Transportation Plan? (1 point) YES 3.2.5 Does the project connect multiple jurisdictions? (1 point) YES NO 3.2.6 Is the project a Plan and/or Study that is needed to advance a regional project? (up to 5 points) Page 9of11 3.3 Safety (Maximum 3 points) 3.3.1 Does the project address an identified safety issue based on the crash rate being higher than the state average for a similar facility, bridge sufficiency rating, and/or at -grade rail crossing rating? YES 3.3.2 Projected percentage reduction in fatal and serious crash rates based on proposed improvements 10.0 (Source: Everyday Counts, FHWA, and other studies and counter measures based on improvement type) 3.4 Overall Improvement to the Transportation System (Maximum of 3 points) Amount of additional roadway capacity to be added (AADT)? 10,000 Data Source: NWARPC, ARDOT, Local Traffic Studies 3.5 Project Design (Maximum of 3 points) Does the project generally meet and/or exceed the street cross section design standards in the 2045 Plan with regard to "multi -modal" and "Bicycle and Pedestrian Accommodations?" Data Source: 2045 NWA Metropolitan Transportation Plan YES Page 10 of 11 3.6 Project Continuation, Partnership, Cost -Sharing (Maximum of 3 points) 3.6.1 Does the project have multiple partners? (1 point) NO 3.6.2 Is the project a continuation of a multi -phase project? (1 point) YES 3.6.3 Is the local match more than the 20% required? (1 point) NO Sponsor Authorization and Certification To be completed by the chief executive officer (Mayor, City Manger, County Judge, etc.) By Checking the box below, I attest that the information contained in this application is truthful and correct to the best of my knowledge and that the provision of false or misleading information can lead to the withdrawal of TAP funding. I do hereby certify that I will comply with all federal, state, and ARDOT regulations for submittal of plans and specifications and follow the LAP manual. Additionally, I certify that local matching funds are available for the project. I agree a resolution has been adoptedfor this project. VI Agree Authorized Sienatorv: Name: (A/' Yk---- Phone: (479) 575-8207 Title: Public Works Director Email: cbrown@fayetteville-ar.gov NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION NOTICE OF NONDISCRIMINATION NWARPC DISCLAIMER: This notice is in accordance with the NWARPC 2045 Metropolitan Transportation Plan, the Federal Transportation Act (FAST Act) in cooperation with local agencies, the Arkansas Department of Transportation, the Missouri Department of Transportation, the Federal Highway Administration, and the Federal Transit Administration. Documents are funded in part through grant(s) from the FHWA, FTA, and/or the U.S. Department of Transportation. The views and opinions of the NWARPC expressed herein do not necessarily state or reflect those of the U.S. Department of Transportation. TRANSPORTATION IMPROVEMENT PROGRAM (TIP) PUBLIC PARTICIPATION PROCESS FOR PROGRAM OF PROJECTS (POP): The public participation procedures outlined in the NWARPC Public Participation Plan (PPP) with respect to TIP development serve as the public participation process required for the development of transit projects as per FTA Circular 9030.1E. Specifically, the public participation procedures outlined in the PPP will serve to satisfy the POP requirements of the Section 5307, Urbanized Area Formula Grant Program for the University of Arkansas/Razorback Transit and Ozark Regional Transit. The NARTS and any and all public transit operators will address the POP requirements as per FTA Circular 9030.1E. Additionally, any and all public transit operator's capital projects and operational costs are included in the NARTS TIP which is developed through a cooperative and collaborative process with interested parties and other private and public transportation providers. NWARPC NOTICE OF NONDISCRIMINATION POLICY: The NWARPC 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 NWARPC does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in NWARPC's programs and activities, as well as the NWARPC's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the NWARPC's nondiscrimination policies may be directed to Nicole Gibbs, AICP, Regional Planner— EEO/DBE (ADA/504/Title VI Coordinator), 1311 Clayton, Springdale, AR 72762, (479) 751-7125, (Voice/TTY 7-1-1 or 1-800-285-1131); Para Ilamadas en espanol, marques el 866-656-1842; papr Ilamadas en ingles, marque el 711 o directamente al 800-285-1131 or the following email address: ngibbs@nwarpc,org. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. If information is needed in another language, contact Nicole Gibbs. Si necesita informacion en otro idioma, comunigese Nicole Gibbs, 479-751-7125, cuando menos 48 horas antes de la junta. Page 11 of 11 cscnanit;al Johnson Mill Blvd E Lakeview" J� Garden of Lake the Ozarks Fayetteville 19 Park Afford, ® Engin L Zion Rd 89 —21 E OJECT Mosaic Pizza & Wine Bar 5ayceBlvd REA W Howard Nickell Rd IN Van Asche Dr Target Q Who Foods Market 0 9 ���EXpy zes Sam's Club © n Washington Regional -npton Medical Center d ' ; f RWGng Hills Dr 0 Qd� 9 IN Drake St o � l Potter's House Thrift a v o �2 Gulley Park E Township St Walmart Ift Neighborhood Market VICINITY MAP 0 E c 2 U_ 0 LL U Cn 1 1 2 3 4 5 GREENSPACE VARIES EXISTING PROPOSED PUBLIC RIGHT-OF-WAY - WIDTH VARIES I SIDEWALK EXISTING PUBLIC RIGHT-OF-WAY - WIDTH VARIES 6' SIDEWALK 6' 1' (4" TYP.) GREENSPACE 11' LANE 11' LANE 11' LANE 11' LANE 11' LANE 6' SIDEWALK 1 � � � ••••• 1' (4" TYP.) 1' pXl a, � ..•• 4 2.00% - 2.00% 2.00% 2.00% 2.00% 2.00 % .2.00% ....................... 4:1 TYP. (3:1 MAX C.C.C. & G. (TYPE A) (1'-6") (TYP.) PROFILE GRADE C.C.C. & G. (TYPE A) (V-6") (TYP.) TYPICAL SECTION MILLSAP RD. (WEST OF N. COLLEGE AVE.) EXISTING PUBLIC RIGHT-OF-WAY - WIDTH VARIES RETAINING WALL 4�TYP GREENSPACE 6' GREENSPACE VARIES 1 6' 5' SIDEWALK SIDEWALK 1 (4" TYP.) 11' LANE 11' LANE 11' LANE (4" TYP.) 1 .•• 4:� 1YP 2.00% 2.00% 2.00% 2.00% 2.00% ..•• 4. MAXI _tIC.C.C. •• C.C.C. & G. (TYPE A) (V-6") (TYP.) PROFILE GRADE & G. (TYPE A) (V-6") (TYP.) TYPICAL SECTION MILLSAP RD. 4: (EAST OF N. COLLEGE AVE.) 1 TYP. (3:1 M,. 4' FLAT BOTTOM 5' DITCH 9:PGg� Jr PROPOSED RIGHT-OF-WAY (40'-0") +\5 22'-6" 17'-6" 5' SIDEWALK A6' 0% 1' (4" TYP.) 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INTERSECTION IMPROVEMENTS project con 136268 � r 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 131-22 File Number: 2022-0458 APPLY FOR FEDERAL -AID FUNDS FOR ROAD AND BRIDGE IMPROVEMENTS: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID FUNDS FOR ROAD IMPROVEMENT PROJECTS AT NORTH HEMLOCK AVENUE AND THE MILLSAP ROAD/COLLEGE AVENUE INTERSECTION; AND FOR A BRIDGE IMPROVEMENT PROJECT FOR BRIDGE #19976 ON ARMSTRONG AVENUE OVER TOWN BRANCH WHEREAS, the City of Fayetteville understands Federal -Aid Surface Transportation Block Grant Program -Attributable (STBGP-A) funds are available through the Northwest Arkansas Regional Planning Commission at 80% federal participation and 20% local match for road improvements to North Hemlock Avenue and the Millsap Road/College Avenue intersection; and WHEREAS, the City of Fayetteville understands that Federal -Aid STBGP-A, Bridge Investment Program, and Bridge Formula Program funds are available through the Northwest Arkansas Regional Planning Commission at 80% federal participation and 20% local match for improvements to Bridge # 19976 on Armstrong Avenue over Town Branch. 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 authorizes Mayor Jordan to apply for Federal -Aid funds through the Surface Transportation Block Grant Program for road improvements to North Hemlock Avenue and the Millsap Road/College Avenue intersection. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to apply for Federal -Aid funds through the Surface Transportation Block Grant Program, Bridge Page 1 Printed on 8✓8/22 Resolution: 131-22 File Number 2022-0458 Investment Program, and Bridge Formula Program for improvements to Bridge #19976 on Armstrong Avenue over Town Branch. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby expresses its willingness to utilize the grant funds if awarded and further expresses its commitment to provide the required 20% match with City funds. PASSED and APPROVED on 6/7/2022 Attest:i�'IREq Or —,VN Kara Paxton, City Jerk Treasurer �• CP ,IV1111Gt 6N` 0.� Page 2 Printed on WW2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 8 Text File File Number: 2022-0458 Agenda Date: 6/7/2022 Version: 1 Status: Passed In Control: City Council Meetinq Agenda Number: A.7 File Type: Resolution APPLY FOR FEDERAL -AID FUNDS FOR ROAD AND BRIDGE IMPROVEMENTS: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID FUNDS FOR ROAD IMPROVEMENT PROJECTS AT NORTH HEMLOCK AVENUE AND THE MILLSAP ROAD/COLLEGE AVENUE INTERSECTION; AND FOR A BRIDGE IMPROVEMENT PROJECT FOR BRIDGE #19976 ON ARMSTRONG AVENUE OVER TOWN BRANCH WHEREAS, the City of Fayetteville understands Federal -Aid Surface Transportation Block Grant Program -Attributable (STBGP-A) funds are available through the Northwest Arkansas Regional Planning Commission at 80% federal participation and 20% local match for road improvements to North Hemlock Avenue and the Millsap Road/College Avenue intersection; and WHEREAS, the City of Fayetteville understands that Federal -Aid STBGP-A, Bridge Investment Program, and Bridge Formula Program funds are available through the Northwest Arkansas Regional Planning Commission at 80% federal participation and 20% local match for improvements to Bridge #19976 on Armstrong Avenue over Town Branch. 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 authorizes Mayor Jordan to apply for Federal -Aid funds through the Surface Transportation Block Grant Program for road improvements to North Hemlock Avenue and the Millsap Road/College Avenue intersection. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to apply for Federal -Aid funds through the Surface Transportation Block Grant Program, Bridge Investment Program, and Bridge Formula Program for improvements to Bridge #19976 on Armstrong Avenue over Town Branch. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby expresses its willingness to utilize the grant funds if awarded and further expresses its commitment to provide the required 20% match with City funds. City of Fayetteville, Arkansas Page I Printed on 61812022 October 24, 2025 To: Ms. Jessie Jones, P.E. Chief Engineer – Preconstruction Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job 040943 Millsap/College (Hwy 71B) Int./Hemlock Washington County Dear Ms. Jones: The following documents are submitted concerning the referenced project: 1.One set of plans and specifications. 2.A copy of the preliminary estimate of cost. 3.An unexecuted copy of the bid proposal form. 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 of Fayetteville 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 of Fayetteville’s Motor Fuel Tax allotment to the ARDOT’s RRA Fund upon notification by the ARDOT Director of that such funds are due ARDOT and have not been paid by the City of Fayetteville. Approval to proceed with advertisement of the project for bids is requested. Enclosures Sincerely, Molly Rawn Mayor Fayetteville, AR October 24, 2025 To: Ms. Jessie Jones, P.E. Chief Engineer – Preconstruction Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job 040943 Millsap/College (Hwy 71B) Int./Hemlock Washington County Dear Ms. Jones: The following documents are submitted concerning the referenced project: 1. One set of plans and specifications. 2. A copy of the preliminary estimate of cost. 3. An unexecuted copy of the bid proposal form. 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 of Fayetteville 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 of Fayetteville’s Motor Fuel Tax allotment to the ARDOT’s RRA Fund upon notification by the ARDOT Director of that such funds are due ARDOT and have not been paid by the City of Fayetteville. Approval to proceed with advertisement of the project for bids is requested. Enclosures Sincerely, Molly Rawn Mayor Fayetteville, AR