HomeMy WebLinkAbout186-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 186-23
File Number: 2023-1012
RECREATIONAL TRAIL PROGRAM (GRANT ACCEPTANCE):
A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO ACCEPT AND
UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM FUNDS IN THE AMOUNT OF $100,000.00
FOR THE TRAILS AT LAKE FAYETTEVILLE REGIONAL PARK, TO APPROVE A CITY MATCH OF
$20,000.00 FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the City of Fayetteville understands Federal -aid Arkansas Department of Transportation — Transportation
Alternatives Program Grant funds are available at 80% federal participation and 20% local match to be used for
improvements to the trails at Lake Fayetteville Regional Park; and
WHEREAS, the City of Fayetteville understands that Federal -Aid funds are available for this project on a
reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement;
and
WHEREAS, this project, using federal funding, will be open and available for use by the general public and
maintained by the City of Fayetteville for the life of the project.
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 $20,000.00.
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.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution, in the amount of $124,000.00 recognizing park land dedication fees from the
Northeast Park Quadrant to be used for the project.
Page 1
Resolution: 186-23
File Number: 2023-1012
PASSED and APPROVED on September 5, 2023
Attest: �ttt t i ;►ip�i
Kara Paxton, City lerk Treasurer s{. �Y T7 r�,ILI
J• •; iY • '�
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 5, 2023
CITY COUNCIL MEMO
TO: Mayor Jordan and City Council
THRU: Ted Jack, Park Planning Superintendent
Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs
Susan Norton, Chief of Staff
FROM: Zach Foster, Park Planner II
DATE:
SUBJECT: Recreational Trail Grant Acceptance - Lake Fayetteville
RECOMMENDATION:
2023-1012
Staff recommends approval of an Agreement of Understanding with the Arkansas Department of
Transportation (ARDOT) for trail improvements to Lake Fayetteville Regional Park and authorizing the Mayor
to sign additional documents as necessary to utilize $100,000 in federal -aid funds through the Recreational
Trail Program (RTP) and approving a budget adjustment to recognize grant revenue and to recognize
$124,000 of Northeast Park Land Dedication funds into this project for the 20% matching requirement and
other planned project costs.
BACKGROUND:
Staff applied for a $250,000 award from the RTP grant in June 2022 and received notice of a $100,000 award.
The most heavily used section of the Razorback Greenway passes over the Lake Fayetteville dam but
interaction with the lake is limited. The lake shore south of the dam has no official access but offers interesting
views and interaction with the lake and natural areas. This project will provide access across an existing
ravine. A goal is to eventually create a fully accessible nature trail as outlined in the attached conceptual map.
Additional items such as wayfinding markers, sitting areas, and any additional trail improvements will be a
secondary focus as funds are available.
DISCUSSION:
This grant project will construct approximately 450 feet of 10-foot wide accessible trail and connect the
Veteran's Park playground with the Razorback Greenway. A designer will be hired to prepare construction and
bid documents.
BUDGET/STAFF IMPACT:
The $100,000 RTP grant requires a City match of $20,000. The city is also responsible for 100% of project
design, right-of-way/utilities, and inspection.
ATTACHMENTS: 2023-1012 SRF ARDOT RTP Grant, 2023-1012 BA ARDOT RTP Grant, AOU (unsigned),
ARDOT Award, Form LPA-004 (unsigned), Form LPA-005 (unsigned), Form LPA-018, Form LPA-019, Project
Map (Site Detail), Project Map (Site Location), Project Map (Concept 4-7-2022), Sample Resolution
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 #: 2023-1012
Recreational Trail Grant Acceptance - Lake Fayetteville
A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO
ACCEPT AND UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM FUNDS IN THE
AMOUNT OF $100,000.00 FOR THE TRAILS AT LAKE FAYETTEVILLE REGIONAL PARK, TO
APPROVE A CITY MATCH OF $20,000.00 FOR THE PROJECT, AND TO APPROVE A BUDGET
ADJUSTMENT
WHEREAS, the City of Fayetteville understands Federal -aid Arkansas Department of Transportation —
Transportation Alternatives Program Grant funds are available at 80% federal participation and 20%
local match to be used for improvements to the trails at Lake Fayetteville Regional Park; and
WHEREAS, the City of Fayetteville understands that Federal -Aid funds are available for this project on
a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary
reimbursement; and
WHEREAS, this project, using federal funding, will be open and available for use by the general public
and maintained by the City of Fayetteville for the life of the project.
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 $20,000.00.
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.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution, in the amount of $124,000.00 recognizing
park land dedication fees from the Northeast Park Quadrant to be used for the project.
Page 1
Zach Foster
Submitted By
City of Fayetteville Staff Review Form
2023-1012
Item ID
9/5/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/10/2023 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation
(ARDOT) for trail improvements to Lake Fayetteville Regional Park and authorizing the Mayor to sign additional
documents as necessary to utilize $100,000 in federal -aid funds through the Recreational Trail Program (RTP) and
approving a budget adjustment to recognize grant revenue and to recognize $124,000 of Northeast Park Land
Dedication funds into this project for the 20% matching requirement and other planned project costs.
Budget Impact:
2250.520.9255-5814.05
2250.520.9256-5814.05
Parks Development
Account Number Fund
13001.3000.2301 Community Park Impr - Lake Fayetteville
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 224,000.00
224,000.00
V20221130
Previous Ordinance or Resolution # 122-22
Approval Date:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
PARKS &RECREATION (520)
/Org2
2023
Requestor: Alan Bearden
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Request to receive/recognize $100,000 of Recreational Trail Program (RTP) grant funds awarded from the Arkansas
Department of Transportation (ARDOT) and to recognize $124,000 of Northeast Park Land Dedication funds to be used for
the 20% matching requirement of the grant and other planned Lake Fayetteville trail improvements.
COUNCIL DATE:
ITEM ID#:
9/5/2023
2023-1012
Holly Black
'17712023 2:06 PIn
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
224,000 224,000
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.202388
Account Name
2250.520.9255-4309.00
-
100,000
13001
3000.2301 RE
Federal Grants - Capital
2250.520.9255-5814.05
2250.520.9256-4419.01
100,000
-
-
124,000
13001
13001
3000.2301 EX
3000.2301 RE
Improvements -Trails
Greenspace Fees - NE
2250.520.9256-5814.05
124,000
-
13001
3000.2301 EX
Improvements -Trails
I of 1
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
In Cooperation with the
U. S. Department of Transportation Federal Highway Administration
RELATIVE TO
Implementation of Job 040922, Lake Fayetteville Accessible Nature Trail (RTP-22) (S)
(hereinafter called the "Project") as an Arkansas Recreational Trails Program (RTP)
Non -Motorized project.
WHEREAS, funding in the Infrastructure Investment and Jobs Act (IIJA) includes 80%
Federal -aid funds to be matched with 20% non-federal funds for approved RTP projects; and
WHEREAS, The City of Fayetteville (hereinafter called "Sponsor") has expressed its desire to
use Federal -aid funds for the eligible Project and to provide necessary matching for such funds;
and
WHEREAS, the Sponsor has transmitted to the Arkansas Department of Transportation
(hereinafter called the "Department") Resolution No.186-23 from the Sponsor's governing body
authorizing the Sponsor's CEO or their designated representative to execute agreements and
contracts with the Department for the Project; and
WHEREAS, funding participation will be as follows, subject to a limit of $100,000 maximum
Federal -aid approved for the Project:
Maximum Minimum
Federal % Sponsor %
Project Design: 0 100
Right-of-Way/Utilities: 0 100
Project Construction: 80 20
Project Construction Inspection: 0 100
WHEREAS, the Sponsor understands that these funds have been awarded for specific project
purposes, not for the Sponsor to utilize until expended; 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
-1-
Agreement of Understanding Between The City of Fayetteville
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 and the Department, in cooperation with the Federal
Highway Administration (FHWA), will participate in a cooperative program for implementation
of the Project and will accept the responsibilities and assigned duties as described hereinafter.
THE SPONSOR WILL:
1. 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. Sponsors that require a reduction or modification to the scope of their project will submit the
Revision of Project Scope and Budget (Form LPA-004) with the signed Agreement of
Understanding.
3. Prepare plans, specifications, and a cost estimate for construction. A registered professional
engineer must sign the plans and specifications for the project if the project includes design of
structural components. (See Form LPA-003 for items to be included in the bid proposal.) Plans
which include the design of only non -infrastructure components will not require a registered
stamp.
4. Be responsible for any necessary coordination with affected railroads including preliminary
and final plan review and for executing any formal railroad maintenance and construction
agreements that may be necessary for the project. This includes ensuring that potential bidders
are aware of railroad coordination required during construction including flagging services and
insurance.
5. Submit plans at 30%, 60%, and 90% completion stages for Department review.
-2-
Agreement of Understanding Between The City of Fayetteville
and the Arkansas Department of Transportation
6. Submit the following deliverables for the Project by the listed deadline or risk possible
cancellation of the Federal -aid award or significant delay of the Project. If a deadline is missed,
the Sponsor may be required to submit a reason for the delay and request a time extension in
writing.
Deliverable
Deadline
Signed Agreement of Understanding for
120 Days from the Kick-off Meeting
Execution by the Department
30% Complete Plans for Review
240 Days from the Kick-off Meeting
60% Complete Plans for Review
90 Days from the return of Department
comments on previous set of plans
90% Complete Plans for Review
90 Days from the return of Department
comments on previous set of plans
Final Plans, Bid Documents, and
90 Days from the return of Department
Request for Authority to Advertise
comments on previous set of plans
7. Complete the process for all permits that might be required for the project. This could include,
but is not limited to, the US Army Corp of Engineers Section 404 permit; and the Arkansas
Department of Environmental Quality's Section 401 Water Quality Certification, Short Term
Activity Authorization, and National Pollutant Discharge Elimination System permit. The
Section 404 permitting application(s) and/or determination information should be submitted
with the plans to the Department in order to aid in the completion of the environmental
documentation.
8. Provide any necessary higher levels of investigation for the required environmental document
should the Project have uncertain or significant cultural, environmental or social impacts; have
a likelihood of generating controversy; and/or possible economic impacts. For projects located
on federal lands, the Sponsor must submit a completed environmental document for the
Project, approved by the agency with authority over the federal lands.
9. Comply with provisions of the Americans with Disabilities Act, Section 504 of the
Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, FHWA RTP Guidance,
and any other Federal, State, and/or local laws, rules and/or regulations. (See Form LPA-003
for items to be included in the bid proposal).
10. 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
conformance 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.
11. 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").
12. 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 and the land is accessible to the general public for recreational or transportation
purposes (See Form LPA-007). If property has been acquired for the Project, use
Form LPA-006 for certification of the right-of-way.
-3-
Agreement of Understanding Between The City of Fayetteville
and the Arkansas Department of Transportation
13. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with
Arkansas State Highway Commission Policy.
14. Submit a certification letter (Form LPA-008), including all items noted, to the Department
when requesting authority to advertise the Project for construction bids.
15. Refrain from any Project construction for which the Sponsor expects monetary
reimbursement until a Notice to Proceed is received from the Department.
16. If the project is to be advertised, it must be done 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.
17. Forward a copy of all addenda to the Project during the advertisement to the Department.
18. After bids are opened and reviewed, submit a certification (Form LPA-011), including all items
noted, to the Department and request concurrence in award of the contract.
19. 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.
20. Construct the Project in accordance to plans and specifications that were developed by the
Sponsor, or the Sponsor's representative, and were reviewed and approved by the Department
prior to the issuance of the Notice to Proceed.
21. Perform construction inspection in accordance with the Guideline for Inspection of Locally
Administered Construction Contracts for Transportation Alternatives Program (TAP) Projects
and Recreational Trails Program (RTP) Projects (Form LPA-023).
22. 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). For projects being
constructed using the Sponsor's forces, reimbursement requests will also be submitted using
the CCRR. Requests for reimbursement must be made at least once every three (3) months
that construction projects are active in order to avoid being put on the FHWA inactive project
list.
23. Attach Report of Daily Work Performed (Form LPA-015) for all days that correspond with
each CCRR submittal.
24. 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.
25. Upon project completion hold a final acceptance meeting for the Project and submit the 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
M
Agreement of Understanding Between The City of Fayetteville
and the Arkansas Department of Transportation
assigned to the project, the Sponsor's full-time employee in responsible charge, and the
Sponsor's CEO.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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).
-5-
Agreement of Understanding Between The City of Fayetteville
and the Arkansas Department of Transportation
32. Grant the right of access to Sponsor's records pertinent to this Project and the right to audit by
the Department and Federal Highway Administration officials.
33. Be responsible for 100% of all project costs incurred should the Project not be completed as
specified.
34. Be responsible for 100% of any and all expenditures for which federal funds do not participate
or that are not approved for federal funds.
35. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Form LPA-018), which is necessary for Project participation.
36. Repay to the Department the federal share of the cost of any portion of this 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.
37. Repay all federal funds if this is determined necessary for any reason.
38. Retain total, direct control over the Project throughout the life of the improvements 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 as approved;
• 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.
39. 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 the withholding of all future
Federal -aid funds.
40. 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.
41. Promptly notify the Department if the Project is rendered unfit for continued use by natural
disaster or other cause.
42. Complete and transmit to the Department both pages of the Federal Funding Accountability
and Transparency Act (FFATA) Reporting Requirements (Form LPA-019).
M
Agreement of Understanding Between The City of Fayetteville
and the Arkansas Department of Transportation
43. 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.
THE DEPARTMENT WILL:
1. Maintain an administrative file for the Project and be responsible for administering
Federal -aid funds.
2. Request review from the Arkansas Historic Preservation Program (AHPP).
3. Provide routine environmental documentation for the Project.
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. Review plans and specifications for project/program eligibility.
7. 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.
8. Advise the Sponsor when to proceed with Project construction or advertisement of the Project
for construction bids.
9. Review bid tabulations and concur in award of the construction contract for the Project.
10. Participate in the Sponsor's preconstruction and final acceptance meetings.
11. Visually verify (insofar as is reasonably possible) that the work meets contract requirements
before reimbursement is made to the Sponsor.
12. Review and approve any necessary change orders for project/program eligibility.
13. Reimburse the Sponsor 80% (Federal -aid share) for eligible costs up to the maximum
Federal -aid amount as 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.
14. 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 Final
Acceptance Report form (Form LPA-016).
15. Provide all form updates via email to the contact as shown on Form LPA-005.
-7-
Agreement of Understanding Between The City of Fayetteville
and the Arkansas Department of Transportation
IT IS FURTHER AGREED that 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 Department
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 all
future Federal -aid funds administered by the Department.
IT IS FURTHER AGREED that should the Sponsor fail to pay to the Department any required
funds due for implementation of the Project 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 on this 5
day of Gn C f . 202,3 .
ARKANSAS DEPARTMENT OF
TRANSPORTATION
Lorie H. 164,6, P.E.
Director
_>rAu-1
FF 7 CITY OF FAYE'TTEVILLE
.-Lit eld ordan
Mayor
L C
Kit 'illiams
City Attorney
All Forms referenced in this Agreement are available in digital format on the Department's
webimee
ARKANSAS DEPARTMENT OF TRANSPORTATION
NOTICE OF NONDISCRIMINATION
The Arkansas Department of Transportation (Department) complies withal I 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,
sea, color, age, national origin, r6gion (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, (50 i) 569-2299, (Voice+TTY 711). or the following email address p+.ume n+i l dLu4rrJ+n
Free language assistance for Limited English Proficient individuals is available upon request
This notice is available from the ADA/504/1'itle VI Coordinator in large print, on audiotape and in Braille.
-8-
ARKANSAS DEPARTMENT
OF 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 I Lorie H. Tudor, P.E., Director
10324 Interstate 30 1 P.O. Box 2261 Little Rock,AR 72203-2261
Phone:501.569.2000 1 Voice/TTY 7111 Fax:501.569,2400
April 25, 2023
Re: Job 040922
F.A.P. RTP-1302(367)
,RECEIVED
MAY 0 3 2023
CITY OF FAYEITEVILLE
MAYOR'S OFFICE
Lake Fayetteville Accessible Nature Trail
(RTP-22) (S)
Washington County
Reference is made to the Lake Fayetteville Accessible Nature Trail project which was
awarded Recreational Trails Program funding.
In order to proceed, your City Council must adopt a Resolution (sample enclosed)
authorizing the project. Then, you and your attorney must sign the enclosed Agreement of
Understanding and return it to the Department. A copy of the Agreement of Understanding will
be returned to you once fully executed. 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.
If you have any questions, please contact Erika Simple in our Program Management
Division at (501) 569-2481 or Erika.Simple(a>ardot-gov.
Sincerely,
. W ``C/
Keli Wylie, P.E.
Assistant Chief End,' eer
Program Delivery
Enclosures
c: Program Management
District 4
Form LPA-004
OFFICE OF THE MAYOR
Revision of Project Scope and Budget
September 6, 2023
Ms. Erica Adams
Division Engineer —Program Management
Arkansas Department of Transportation
P. 0. Box 2261
Little Rock, AR 72203
Re: Job #040922
Job Name: Lake Fayetteville Accessible Nature Trail (RTP-22) (S)
County: Washington
Dear Ms. Adams:
The scope and budget for the project has been revised. I certify that:
1) The length of the project will be —450 feet and be _ 10 feet wide with a paved
and natural surface.
2) Other project changes are as follows: none
3) Two maps are attached. One is the project location map, and the other is a close up map
that shows the project termini.
4) The revised budget is $ 100,000 Federal -aid and $ 120,000 Sponsor funds for a total
project budget of $ 220,000 .
Any substantial changes to the above information will be submitted in writing to ARDOT.
Sincerely,
Lioneld Jordan
Mayor
Attachments
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
Form LPA-005
OFFICE OF THE MAYOR
Designating Full -Time Employee In Responsible Charge
September 6, 2023
Ms. Jessie Jones
Division Engineer —Program Management
Arkansas Department of Transportation
P.O. Box 2261
Little Rock, AR 72203
RE: Job #040922
Job Name: Lake Fayetteville Accessible Nature Trail (RTP-22) (S)
County: Washington
Dear Ms. Jones:
The full-time employee in responsible charge of the day to day oversight for the referenced
project will be Zach Foster. 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) 444-3472 or by email at zfoster@fayetteville-ar.gov.
Sincerely,
Lioneld Jordan
Mayor
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
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.
Fayettaville, Arkansas
LionQ0,J'ordan, Mayor
Name (Sponsor's CEO)
Form LPA-019
Federal Funding Accountability and Transparency Act (FFATA)
Reporting Requirements
(For more information go to https.-#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
provide the following information to ARDOT in order to fulfill FFATA reporting requirements:
shall
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
Required Sub-Awardee Information
(A) Sub-Awardee UEI: FKCQRMDULFH9
Parent (if applicable) UEI:
UEI Expiration Date: 5/29/2024_
UEI Expiration Date:
(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.shtml for reference.
If "No" is selected, answer (D).
(D) If "No" was selected in Question "C", complete the following information for the five (5) most
highly compensated executives in your business or organization (the legal entity to which the
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 Hiahly Comoensated Officers
1. Name:
Amount: $
2. Name:
Amount: $
3. Name:
Amount: $
4. Name:
Amount: $
Name: Amount:
Page 2 of 2
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PROJECT MAP
Park Planning
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SAMPLE RESOLUTION
RESOLUTION NO.
A RESOLUTION EXPRESSING THE WILLINGNESS OF
SPONSOR NAME
TO UTILIZE FEDERAL -AID TRANSPORTATION ALTERNATIVES PROGRAM FUNDS
WHEREAS, Sponsor Name understands Federal -aid Transportation Alternatives Program
Funds are available at 80% federal participation and 20% local match to develop or improve
Project Name, and
WHEREAS, Sponsor Name understands that Federal -aid Funds are available for this project on
a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual
monetary reimbursement, and
WHEREAS, this project, using federal funding, will be open and available for use by the general
public and maintained by the applicant for the life of the project.
NOW THEREFORE, BE IT RESOLVED BY SPONSOR'S GOVERNING BODYTHAT:
SECTION I: Sponsor Name will participate in accordance with its designated responsibility,
including maintenance of this project.
SECTION II: Title of Sponsor's CEOICAO, or their designated representative, is hereby
authorized and directed to execute all appropriate agreements and contracts necessary to
expedite the construction of the above stated project.
SECTION III: Sponsor's Governing Body 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
Signed:
ATTEST:
(SEAL)
Notes:
Name of Sponsor's CEOICAO
2023.
• "Sponsor Name" is the name of the Agency (i.e. the City of Anywhere, Universal County,
the Arkansas Department of Trails)
• "Sponsor's Governing Body" is the group of individuals that make the final financial
decisions for the Agency (i.e. City Council, Quorum Court, Board of Directors,
Commission)
• "Sponsor's CEO/CAO" is the person in charge of the day-to-day activities at the agency
(i.e. Mayor, City Manager, County Judge, Executive Director, etc.)
• "Project Name" is the name of the project from the application