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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 Y=40 Soft Surface Trail PROJECT MAP Park Planning 8/9/2023 Hard Surface Trail Bridge 1240 ail0�Possible Future t�r MEN 1270 Exi tang PI yground '���'��• � O w V E T E R A N S P A R K Volleyball N 0 0.01 0.01 0.02 mi 0) r--—--—--— — --— I - - —I / • m o E I- �J-- F-I r� � C� m c. I � TLLvE3 cUo� 0 N drm°d � � T Ln G -a ® 17 L O a' c a = o ° N=d o iA N Ln o aroma W o rn r - = — 3 fE n mEv = m En vad3 --aEv - o Ev�inc� �Q r_ouo 39 c>cii ar LL 4S IIaMOd — - - 4S aauanl m r 4s uosdwoyl v 0 Q m fu Ln r 4S aauanl I I m I y - N 4s uosdLU041 �'-�-- v Ile I � N O J ge Ave n Lake Fayetteville Accessible Nature Trail Concept Sketch - Park Planning — Updated 4/27/2022 < Lake Fayetteville Dam Deck / Overlooks 62 , �� �' � ti , • tin � -- ' .1 - - - 'I,�f q01or dy .�~ _ Additional Overlooks Bridge 11w. Expen9ve Route r� AdW+� `o LeSSExpensiveRoute la �' a ♦ I I r-, i a —761h_ Veterans Area of Lake Fayetteville Regional Park Pavilion 5' Bench 220 If Bridge ;00*w-o— �h Better Connections North TJ 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