HomeMy WebLinkAbout271-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 271-23
File Number: 2023-1293
ARDOT DRAKE STREET TRAIL (AGREEMENT OF UNDERSTANDING):
A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS
DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE DRAKE STREET TRAIL, AND TO
APPROVE A BUDGET ADJUSTMENT
WHEREAS, in August 2023, the City of Fayetteville was awarded $500,000.00 in federal -aid funds through the
Northwest Arkansas Regional Planning Commission Transportation Alternatives Program for construction of the Drake
Street Trail Connection; and
WHEREAS, on November 7, 2023, a contract was approved with Crafton-Tull and Associates by Resolution No. 236-
23 for the design of the Drake Street Trail Connection.
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 sign an
agreement of understanding with the Arkansas Department of Transportation, a copy of which is attached to this
Resolution, for construction of the Drake Street Trail and further authorizes the Mayor to sign any additional grant
documents as necessary to receive the funds for this project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution.
PASSED and APPROVED on December 5, 2023
Attest: ```` 1a11tTt►r1,�
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Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 5, 2023
CITY COUNCIL MEMO
2023-1293
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
Susan Norton, Chief of Staff
FROM: Matt Mihalevich, Active Transportation Manager
DATE:
SUBJECT: Transportation Alternatives Program Federal Aid Funds — Drake Street Trail
RECOMMENDATION:
Staff recommends approval of an Agreement of Understanding with the Arkansas Department of
Transportation for construction of the Drake Street Trail made possible through the Northwest Arkansas
Regional Planning Commission — Transportation Alternatives Program (TAP) and approving a budget
adjustment to recognize $500,000.00 in federal -aid funding and authorizing the Mayor to sign additional grant
documents as necessary.
BACKGROUND:
In August of 2023, the City of Fayetteville was awarded $500,000 in federal -aid funds through the Northwest
Arkansas Regional Planning Commission Transportation Alternatives Program for construction of the Drake
Street Trail Connection.
In November of 2023, a contract was approved with Crafton-Tull and Associates by resolution 236-23 for the
design of the Drake Street Trail Connection.
DISCUSSION:
The Drake Street Trail Connection will use excess space in the 4-lane section of Drake Street to install a two-
way protected trail from College Ave. west to the end where a trail will be constructed to extend to Gordon
Long Park and connect to the Razorback Regional Greenway. The proposed trail will total 4,376 linear feet
and connect the neighborhoods east of Scull Creek to Gordon Long Park and the Razorback Regional
Greenway.
This project will serve people of all demographics, including many who may not have access to a vehicle and
depend on other modes of transportation. We expect this connection will become an important active
transportation connection with the many employment destinations along College Ave., dense neighborhoods
and apartments along Drake Street and the direct connection to the Razorback Regional Greenway.
BUDGET/STAFF IMPACT:
The City of Fayetteville has been awarded $500,000 in federal -aid funding by the Northwest Arkansas
Regional Planning Commission through the Transportation Alternatives Program. The required 20 percent
match or $125,000 has been budgeted through the Trails Capital Improvements Program.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: SRF (#3), BA (#4), Drake Street Area Map (#5), Drake Street Trail Connections - ARDOT
Packet (#6)
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 #: 2023-1293
Transportation Alternatives Program Federal Aid Funds — Drake Street Trail
A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE
ARKANSAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE DRAKE
STREET TRAIL, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, in August 2023, the City of Fayetteville was awarded $500,000.00 in federal -aid funds
through the Northwest Arkansas Regional Planning Commission Transportation Alternatives Program
for construction of the Drake Street Trail Connection; and
WHEREAS, on November 7, 2023, a contract was approved with Crafton-Tull and Associates by
Resolution No. 236-23 for the design of the Drake Street Trail Connection.
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 sign an agreement of understanding with the Arkansas Department of Transportation, a copy of which
is attached to this Resolution, for construction of the Drake Street Trail and further authorizes the Mayor
to sign any additional grant documents as necessary to receive the funds for this project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
Page 1
City of Fayetteville Staff Review Form
2023-1293
Item ID
December 5th, 2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Matt Mihalevich 11/15/2023 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for
construction of the Drake Street Trail through the Northwest Arkansas Regional Planning Commission —
Transportation Alternatives Program (TAP), approval of a budget adjustment to recognize $500,000.00 in federal -
aid funding, and authorization for the Mayor to sign additional grant documents as necessary.
4470.800.8830-5814.05
Account Number
02016.2302
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? Yes
Budget Impact:
Sales Tax Capital Improvements
Fund
Trail Dev - Drake St to Gordon Long Park
Project Title
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
$ 125,000.00
125,000.00
$ 500,000.00
625,000.00
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 115-23, 236-23
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2023
Requestor: Matt Mihalevich
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for
construction of the Drake Street Trail through the Northwest Arkansas Regional Planning Commission —Transportation
Alternatives Program (TAP), approval of a budget adjustment to recognize $500,000.00 in federal -aid funding, and
authorization for the Mayor to sign additional grant documents as necessary. The required 20% ($125,000) match is
budgeted in the Trail Development project.
COUNCIL DATE:
ITEM ID#:
12/5/2023
2023-1293
Holly Black
7717412023 70:47 AM
Budget Division
TYPE:
JOURNAL #:
Date
D - (City Council)
RESOLUTION/ORDINANCE
I GLDATE:
CHKD/POSTED:
TOTAL
Account Number
500,000 500,000
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20231113
Account Name
4470.800.8830-5814.05
500,000 -
02016 2302 EX
Improvements - Trails
4470.800.8830-4309.00
- 500,000
02016 2302 RE
Federal Grants - Capital
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7KANSAS DEPARTMENT
AR
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 I Voice/TTY711 I Fax:501.569.2400
November 3, 2023
RECEIVED
NOV 0 9 2023
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
Re: Drake Street Trail Connections
Reference is made to the Drake Street Trail Connections project in Fayetteville which was
awarded Transportation Alternatives Program — Attributable funding by the Northwest Arkansas Regional
Planning Commission.
In order to proceed with a Federal -aid project, you and your City Attorney must sign the enclosed
Agreement of Understanding. Upon receipt of the 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.ai-dot.gov/LPA.
If you have any questions, please contact Ashley Smith in our Local Programs Division at
(501) 569-2286 or Ashley.Smitlin?ardot.gov.
Si ere y, D
Kel Ali.E.
Assistant Chief En ' eer
Program Delivery
Enclosure
Chief Engineer — Operations
Chief Engineer — Preconstruction
Assistant Chief Engineer — Design
Assistant Chief Engineer — Planning
Consultant Contracts
Local Programs
Program Management
Roadway Design
District 4
Tim Conklin, Executive Director, NWARPC
MOFARKANSAS DEPARTMENT
TRANSPORTATION
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Dear,M4, ' r a
ARKANSAS DEPARTMENT OF TRANSPORTATION
ARDOT.gov I IDriveArkansas.com I Lorie H. Tudor, P.E., Director
10324 Interstate 30 1 P.O. Box 22611 Little Rock, AR 72203-2261
Phone:501.569.2000 I Voice/TTY 7111 Fax:501.569.2400
RECEIVED
January 12, 2024 JAN 3 1 2024
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
Re: Job 040955
F.A.P. TAPU-9142(56)
Drake St. Trail Connection (Fayetteville) (S)
Washington County
State and Federal -aid job numbers have been assigned for the referenced project. Enclosed is
your copy of the executed Agreement of Understanding between the Department, Northwest Arkansas
Regional Planning Commission, and the City of Fayetteville for the referenced project. It is now
requested that the City submit a check, made payable to the Arkansas Department of Transportation,
in the amount of $1,000 to be matched with $4,000 in Federal -aid funds for the Department
administrative costs associated with preliminary engineering.
If you have any questions, please contact Ashley Smith in our Local Programs Division at
(501) 569-2481 or Ashley.SmithLdgrdot.gov.
Sincerely,
Enclosure
Director
Chief Administration
Chief Engineer — Operations
Assistant Chief — Administration
Assistant Chief Engineer — Design
Assistant Chief Engineer — Planning
Assistant Chief Engineer — Program Delivery
Consultant Contracts
Fiscal Services
Local Programs
Program Management
Roadway Design
District 4
Job 040955 `C' File
Tim Conklin, Executive Director, NWARPC
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE 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 Drake Street Trail Connections (hereinafter called the "Project") as a
Federal -aid Transportation Alternatives Program (TAP) Attributable 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 has transmitted to the Arkansas Department of Transportation
(hereinafter called the "Department") Resolution No. 115-23 from the Sponsor's governing body
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 Federal -aid TAP Attributable funds; and
WHEREAS, funding participation will be subject to a limit of $500,000 maximum Federal -aid
TAP Attributable funds for the construction phase 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, the 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 parry 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:
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. 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. 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.)
5. 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.
-2-
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
6. Understand that expenditures for preliminary or construction engineering performed by
the Sponsor's forces are not eligible for reimbursement with federal funds.
7. Prepare the necessary environmental documentation as required by FHWA and conduct any
required public involvement meetings and public hearings.
8. Ensure that the plans and specifications are developed using the Department's standard
drawings and Standard Specifications for Highway Construction (latest edition).
9. 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.
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
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.
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. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with
Arkansas State Highway Commission Policy.
13. Be responsible for all non -reimbursable costs associated with the Sponsor owned utilities as
defined in the Department's Utility Accommodation Policy.
14. 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.
15. 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.
16. Submit plans at 30%, 60%, and 90% completion stages for Department review.
17. Submit a certification letter (Form LPA-008), including all items noted, to the Department
when requesting authority to advertise the Project for construction bids.
18. 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.
19. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
20. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in
Award (Form LPA-013), including all items noted, to the Department.
-3-
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. Attach LPA Report of Daily Work Performed (Form LPA-015) for all days that correspond
with each CCRR submittal.
27. 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.
28. 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.
29. 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.
30. 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.
51
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
31. 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.
32. 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.
33. 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.
34. 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).
35. Grant the right of access to the Sponsor's records pertinent to the Project and the right to audit
by the Department and FHWA officials.
36. 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 FHWA.
37. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Form LPA-018), which is necessary for Project participation.
-5-
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. Complete and transmit to the Department both pages of the Federal Funding Accountability
and Transparency Act (FFATA) Reporting Requirements (Form LPA-019).
44. 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 COMMISSION WILL:
1. Provide up to $500,000 in Federal -aid TAP Attributable funds for the construction phase 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. Review plans and specifications submitted by the Sponsor.
3. 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.
In
Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission,
and the Arkansas Department of Transportation
4. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the
appropriate documentation to the file.
5. 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.
6. Advise the Sponsor when to proceed with advertisement of the Project for construction bids.
7. Review bid tabulations and concur in award of the construction contract for the Project.
8. 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.
9. Review and approve any necessary change orders for project/program eligibility.
10. 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.
11. 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).
12. Provide all form updates via email to the contact as shown on Form LPA-005.
13. Be reimbursed for costs involved in performing all the services listed above.
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 20th
day of Decernber , 2023.
Agreement of Understanding Between the City of Fayetteville, the 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 Drake Street Trail Connections Project.
Signatories
CITY OF FAYETTEVILLE
12/05/2023
fioneld Jordan j Date
Mayor
-�� 12/05/2023
Kit Williams Date
City Attorney
10
Agreement of Understanding Between the City of Fayetteville, the 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 Drake Street Trail Connections Project.
Signatory
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
Tim Conklin
Executive Director
In
/Y 3
Date
Agreement of Understanding Between the City of Fayetteville, the 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 Drake Street Trail Connections Project.
Signatory
ARKANSAS DEPARTMENT OF TRANSPORTATION
L ri H. Tudor, P. - Date
Director
All Forms referenced in this Agreement are available in digital format on the Department's
webpage .
ARKANSAS DEPARTMENT OF TRANSPORTATION
NOTICE OF NONDISCRIMINATION
The Arkansas Department of Transportation (ARDOT) comp] ies with all civil rights provisions of federal statutes and related authorities that prohibit
discrimination in programs and activities receiving federal financial assistance. Therefore. ARDOT does not discriminate on the basis ofrace, 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 ARDOT's programs and activities,
as well as ARDOT's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding ARDOT's nondiscrimination
policies may be directed to Civil Rights Officer Joanna P. McFadden (ADA/504fritle VI Coordinator), P. O. Box 2261, Little Rock, AR 72203,
(501) 569-2298, (Voice/TTY 711), or the following email address: inanna mc1, ddrn„a!dw
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.
-10-
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
CONSULTANT SELECTION PROCEDURES
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
Rev. 8/27/19 Form LPA-002
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).
https://www.ark.org/dfa/immigrant/index.php/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.
K
Rev. 8/27/19 Form LPA-002
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.
3
Rev. 8/27/19 Form LPA-002
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
1 *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.
4
Rev. 8/27/19 Form LPA-002
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
Obvious indication that the scope of work is clearly
20
1
understood
2
Comprehensive, coherent, and detailed work plan
20
3
Realistic work schedule when applicable
10
Proposed working office location, need for a local
5
4
office, and any local representative*
Identification of sub -consultants and responsiveness to
5
5
DBE goals and opportunities
6
Total Points for LOI
Total Points for Proposals
40
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.
Rev. 8/27/19 Form LPA-002
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
LV
Rev. 8/27/19 Form LPA-002
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 LOls 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 a new 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
Rev. 8/27/19 Form LPA-002
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.
E-3
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 biddinE 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) "Build America, Buy America" Provisions
Because federal highway funds are included in this project, "Build America, 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. 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.
Form LPA-005
OFFICE OF THE MAYOR
(Designating Full -Time Employee
in Responsible Charge)
December 6, 2023
Mr. David Siskowski
Division Head — Local Programs
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Re: Job ## TBA
Job Name: Drake Street Trail Connections
County: Washington
Dear Mr. Siskowski:
The full-time employee in responsible charge of the day to day oversight for the referenced
project will be Matt Mihalevich, Active Transportation Manager. 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) 444-3416 or by email at
mmihalevich@fayetteville-ar.gov.
Sincer ly,
Lioneld Jorda
Mayor
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
•ru ': 11:
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.
J indicate total number in each category here. Delete any categories not used in this job.
Tract(s)
Options(s)
_ Paid
Donation(s)
Negotiation Pending* - include tract number(s) and statement: "It is anticipated that
this/these 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 fling 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(es)/personal propert /y 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: Date:
(Type name)
(Type title)
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 PER TISE
DATE
Mr. Jared D. Wiley
Chief Engineer — Preconstruction
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Wiley:
Re: Job #
Job Name
cou/111,
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 fiends 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 IN A WARD OF THE CONTRACT
DATE
Mr. Jared D. Wiley
Chief Engineer — Preconstruction
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Wiley:
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.
Sincerely.
Sponsor's CEO
Sponsor's Attorney
Enclosures
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Sponsor Form LPA-015
LPA Report of Daily Work Performed
Job Name: Job No.:
FAP No.: Contractor:
Date: Hours Worked: — Report No.:
Site Conditions
Useable
Partly Useable
Not Useable
Min Temp. (F)
Max Temp. (F
Project Conditions
Weather
Sunny
Partly Cloudy
Rain
Rainfall Amt. (in.)
Number of Contractor's
Personnel
Laborers
Carpenters
Concrete Laborers
Equip. Operators
Electricians
Plumbers
Foreman
Other
Other
Location and Description of Work Performed
Special Instructions and/or Conversations
Signed:
Designated Full-time Employee
Form LPA-016
Job Name:
Job No:
County:
Contractor:
Date Work Began:
Attendees:
Remarks:
SPONSOR
LPA Final Acceptance Report
FAP No:
Route:
Date Work Completed:
Project Completed in Substantial
Compliance with Plans and Specifications
and Recommended for Final Acceptance by
Sponsor
Date:
Recommended for Acceptance in
Accordance with Project Agreement
ARDOT Resident
Proiect 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
2 CFR Part 200
Form LPA-017
Page 1 of 2
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 Form LPA-017
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.
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.
(a) 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.
(b) 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:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including sub grants, and
contracts and subcontracts under grants, sub grants, loans and cooperative
agreements) which exceed $100,000, and that all such sub recipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
ity of Fay�fteville
Jordan, 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.gov4
FFATA was signed on September 26, 2006. The intent is to empower every American with
the ability to hold the government accountable for each spending decision. The end result is to
reduce wasteful spending in the government. The FFATA legislation requires information on federal
awards (federal financial assistance and expenditures) be made available to the public via a single,
searchable website, which is www.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, The City of Fayetteville, Arkansas 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
FKCQRMDULFH9
UEI Expiration Date:
Parent (if applicable) UEI: N/A 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.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
1. Name:
Amount: $
2. Name:
Amount: $
3. Name:
Amount: $
4. Name.
Amount: $
5 Name:
Amount: $
Page 2of2
Form LPA-020
LPA Project Quarterly Report Form
Date:
Job No.: IJob Name:
-]F.A.P.: Funding Program: Year: Quarter:
Sponsor: Submitted By:
Sponsor Phone: Sponsor Email:
Progress Report:
CURRENT PROJECT STATUS
Construction
❑ 30%
❑ 60%
❑ 90%
❑ Final
Plans:
Environmental
All Permits Received Final Clearance
❑ ARDOT to Handle
❑ Preliminary
[I Partially Complete
❑
Clearance:
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 Ci El Conditional El Final
Date: Date:
Utility
Utility Relocation
Relocation Plans Prepared
Relocation Complete
Relocation:
Not Necessary
❑
Date:
❑ Relocation Underway
Date:
Authority to
Request Submitted
ARDOT Approval Received
Bid Opening
Advertise:
Date:
Date:
Date:
Concurrence
Request Submitted
ARDOT Approval Received
Contract Executed
El
in Award:
Date:
Date:
Date:
Estimated Completion
Completed
Construction:
Progress (%)
ClProject
0%
Date:
Date:
ARDOT Contact: Rev 10-2-2023
CHANGE ORDER FORM Form LPA-022
ARDOT JOB NO.: F.A.P. No.: CHANGE ORDER NO.:
JOB NAME: DATE PREPARED:
OWNER:
CONTRACTOR:
Ut3(:KINI IUN Ur UHANUt
JUSTIFICATION 1 KF-ASUN 1-UK UHANU
SUMMARY
PREPARED BY:
ITEM
NO.
ITEM
UNIT
UNIT
PRICE
PRESENT
REVISED
QUANTITY
AMOUNT
QUANTITY
AMOUNT
$
$
$
$
TOTALS: I $ - I $
Prepared by ARDOT Page 1 of 2 Revised: 8/10/2023
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 CURRENT CONTRACT TIME DAYS
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]
CONTRACTOR: [INSERT CONTRACTOR NAME HERE]
Signature Date Signature Date
OWNER: [INSERT OWNER NAME HERE] ARDOT RESIDENT ENGINEER CONCURS
Signature Date Signature Date
ARDOT LOCAL PROGRAMS APPROVES
Signature Date
Prepared by ARDOT Page 2 of 2 Revised: 8/10/2023
Drake Street Trail Connections Supplemental Agreement
City of Fayetteville Staff Review Form
2024-0500
Item ID ARCHMayor's Signature IV` '
ED
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Matt Mihalevich 7/24/2024 ENGINEERING (621)
Submitted By Submitted Date Division/ Department
Action Recommendation:
Staff requests the Mayor's signature on the supplemental agreement to accept the award of$500,000 in 2025
Transportation Alternatives Program funds by the Northwest Arkansas Regional Planning Commission (NWARPC)
for the construction of Job 040955, Drake Street Trail Connections and add the funds to the previously awarded
$500,000 as a supplement to the Agreement approved by resolution 271-23 for a total award of$1,000,000.
Resolution 271-23 authorizes the Mayor to sign any additional grant documents as necessary to receive the funds
for this project.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution# 271-23
Change Order Number: Approval Date: 07/25/2024
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE STAFF MEMO
tip ARKANSAS
TO: Mayor Jordan
THRU: Chris Brown
Susan Norton
FROM: Matt Mihalevich, Active Transportation Manager
DATE: July 24th, 2024
SUBJECT: 2024-0500 Supplemental Agreement for additional Transportation
Alternatives Funding for Drake Street Trail
RECOMMENDATION:
Staff requests the Mayor's signature on the supplemental agreement to accept the award of
$500,000 in 2025 Transportation Alternatives Program funds by the Northwest Arkansas
Regional Planning Commission (NWARPC) for the construction of Job 040955, Drake Street
Trail Connections and add the funds to the previously awarded $500,000 as a supplement to
the Agreement approved by resolution 271-23 for a total award of$1,000,000.
BACKGROUND:
In August 2023, the City of Fayetteville was awarded $500,000 in federal-aid funds through the
Northwest Arkansas Regional Planning Commission Transportation Alternatives Program for
construction of the Drake Street Trail. On November 7th, 2023 a contract was approved with
Crafton-Tull and Associated by Resolution No. 236-23 and the design is currently 60%
completed.
DISCUSSION:
Additional funding is necessary to construct the Drake Street Trail project, so staff applied for
Transportation Alternatives Program funding through the Northwest Arkansas Regional
Planning Commission (NWARPC) and was successful in securing an additional $500,000.
Resolution 271-23 authorizes the Mayor to sign any additional grant documents as necessary to
receive the funds for this project as highlighted below.
Section 1: That the City Council of the City of Fayetteville. Arkansas hereby authorizes Mayor Jordan to sign an
agreement of understanding with the Arkansas Department of Transportation, a copy of which is attached to this
Resolution, for construction of the Drake Street Trail and further authorizes the Mayor to sign any additional grant
documents as necessary to receive the funds for this project.
BUDGET/STAFF IMPACT:
A separate item will be presented to City Council to recognize the additional $500.000 in funding
at a later date.
Attachments:
Job 040955 Supplemental Agreement
Resolution 271-23
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ARKANSAS STATE HIGHWAY COMVIISSION
-,SATI N/p'
DALTON A."ALEC"FARMER,JR. MARIE HOLDER
CHAIRMANar LITTLE ROCK
JONESBORO �I
PHILIP TALDO �s ..� + DAVID M.HAAK
VICE CHAIRMAN * TEXARKANA
SPRINGDALE
P.O.Box 2261 •Little Rock,Arkansas 72203-2261
KEITH GIBBON Phone(501)569-2000•Voice/TTY 711 •Fax(501)569-2400 LORIE H.TUDOR,P.E.
FORT SMITH www.ARDOT.gov•www.IDriveArkansas.com DIRECTOR
July 18,2024
The Honorable Lioneld Jordan Mr.Tim Conklin
Mayor of Fayetteville Executive Director
113 W. Mountain Northwest Arkansas Regional Planning Commission
Fayetteville,AR 72701 1311 Clayton St.
Springdale,AR 72762
Dear Mayor Jordan and Mr.Conklin:
Reference is made to the City's award of $500,000 in 2025 Transportation Alternatives
Program—Attributable(TAP-A)funds by the Northwest Arkansas Regional Planning Commission(NWARPC)for
the construction of Job 040955, Drake St. Trail Connection (Fayetteville)(S). This awarded Federal-aid funding
will now be incorporated into Job 040955. Therefore,the Agreement of Understanding must be modified.
This letter, when signed by you and returned to the Department, will constitute a supplement to the
Agreement between the City of Fayetteville, NWARPC,and the Department for Job 040955. All other conditions
of the Agreement will remain in effect. The total Federal-aid available for Job 040955 will now be$1,000,000.
Please retain a copy of the signed letter for your files. If you have any questions concerning this matter,
please contact David Siskowski, Division Head—Local Programs, at(501)435-3255.
Sincerely, �/
. &ed.22j
one H.Tudor,P.E.
Director
APPROVE APPROVED:
•
Lionel r Tim Conklin
y Executive Director
c: Highway Commissi n Consultant Contracts
Chief Engineer—Operations Local Programs
Chief Engineer—Preconstruction Program Management
Assistant Chief Engineer—Design Roadway Design
Assistant Chief Engineer—Planning District 4
Assistant Chief Engineer—Program Delivery Job 040955'C' File