HomeMy WebLinkAbout88-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 88-24
File Number: 2024-1751
ARKANSAS DEPARTMENT OF TRANSPORTATION (FUNDING RECOGNITION):
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $1,948,635.00
RECOGNIZING FEDERAL -AID AND STATE FUNDING FROM ARDOT FOR RIGHT OF WAY ACQUISITION
ASSOCIATED WITH IMPROVEMENTS TO HIGHWAY 112
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution, in the amount of $1,948,635.00 recognizing Federal -aid and State funding from
ARDOT for right of way acquisition associated with improvements to Highway 112.
PASSED and APPROVED on March 5, 2024
Page 1
Attest:
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CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 5, 2024
CITY COUNCIL MEMO
2024-1751
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
Susan Norton, Chief of Staff
FROM: Paul Libertini, Staff Engineer
SUBJECT: Hwy 112 (Poplar St to Drake St) - Recognize Federal -aid and State Funding for Land
Acquisition, and Approve a Budget Adjustment
RECOMMENDATION:
Staff recommends City Council approval of a resolution to recognize revenue of $1,948,635 of Federal -aid and
State funding from the Arkansas Department of Transportation (ARDOT) for right of way acquisition on
Highway 112 (Garland Avenue) from Poplar Street to Drake Street, and approval of a Budget Adjustment.
BACKGROUND:
On January 3, 2017, City Council approved Resolution No. 27-17 to allow the City to enter into a partnering
agreement with ARDOT for improvements to Hwy 112 between Razorback Road and Garland Avenue and to
approve the reclassification of Hwy 112 between 15th Street and Interstate 49 as a City Street.
On September 19, 2017, the City executed an Agreement of Understanding with ARDOT detailing the
responsibilities of each entity. One such duty is for the City to prepare all legal descriptions and exhibits for the
acquisition of right-of-way and easements for the construction of this project. This duty has been completed
and approved by ARDOT.
The design of Hwy 112 (Garland Ave) widening project is currently approximately 95% complete including the
specifications and the cost estimate.
On April 4, 2023, ARDOT authorized the City to appraise the properties affected by this road widening project.
The City's contract real estate appraiser, Rife & Company, completed the final appraisal on September 21,
2023. The Appraisal Reports were then submitted to ARDOT for review and the City received approval of the
same on December 27, 2023.
DISCUSSION:
On January 30, 2024, the City received authorization from ARDOT to present offer letters to property owners to
acquire the needed land acquisition for this project. At this time, the City needs to recognize the Federal and
State revenue of $1,948,635 obligated by FHWA for right-of-way acquisition.
BUDGET/STAFF IMPACT:
Federal and State funds of $1,948,635 have been obligated by FHWA/ARDOT for right-of-way. The City will
pay the individual property owners from the Sales Tax Capital Improvement funds and then submit requests to
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ARDOT for 100% reimbursement of expenditures.
ATTACHMENTS: SRF (#3), BA (#4), Federal -Aid Project Agreement Job (#5), Hwy 112 Partnering Agreement
- Executed (#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 #: 2024-1751
Hwy 112 (Poplar St to Drake St) - Recognize Federal -aid and State Funding for Land Acquisition,
and Approve a Budget Adjustment
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $1,948,635.00
RECOGNIZING FEDERAL -AID AND STATE FUNDING FROM ARDOT FOR RIGHT OF WAY
ACQUISITION ASSOCIATED WITH IMPROVEMENTS TO HIGHWAY 112
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution, in the amount of $1,948,635.00 recognizing
Federal -aid and State funding from ARDOT for right of way acquisition associated with improvements
to Highway 112.
Page 1
Paul Libertini
Submitted By
City of Fayetteville Staff Review Form
2024-1751
Item ID
3/5/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/15/2024 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
A Resolution to recognize revenue of $1,948,635 of Federal -aid and State funding from ARDOT (Arkansas
Department of Transportation) for land acquisition for the Hwy 112 (Poplar St to Drake St) construction project,
and to approve a Budget Adjustment.
4470.800.8835-5805.00
Account Number
06035.3800
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital Improvement
Fund
Hwy 112 (Poplar St - Drake St)
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 2,120.00
$ 2,000.00
120.00
$ 1,948,635.00
1,948,755.00
Previous Ordinance or Resolution # 27-17
Approval Date:
V20221130
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
ENGINEERING (621)
/Org2
2024
Requestor: Paul Libertini
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Recognize Federal -aid and State funds of $1,948,635.00 available for real estate acquisition for the Hwy 112 (Poplar St
Drake St) project which will be 100% reimbursed by the Arkansas Department of Transportation (ARDOT).
COUNCIL DATE: 3/5/2024
ITEM ID#: 2024-1751
Holly Black
2/15/202q 2: 5S P/VI
RESOLUTION/ORDINANCE
Budget Division
TYPE:
JOURNAL#:
GLDATE:
CHKD/POSTED:
Date
D - (City Council)
TOTAL
Account Number
1,948,635 1,948,635
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.2024116
Account Name
4470.800.8835-4309.00
- 1,948,635
06035 3800 RE Federal Grants - Capital
4470.800.8835-5805.00
1,948,635 -
06035 3800 EX Land -
Acquisition
I of 1
FEDERAL -AID PROJECT AGREEMENT
The Arkansas Department of Transportation hereby requests authorization to proceed with the following project.
PoDi/State Admin. ❑ PoDi/Locally Admin.
Assumed/State Admin. ❑ Assumed/Locally Admin.
Program Code:
Z400 & Z400(AC)
Other ❑
F.A.P.:
CMF-9142(41)
State Job :
040720
Project Description :
Poplar St. - Drake St. (Fayetteville) (S)
County(ies) :
Washington
Est. Letting Date :
08/2023
(Month / Year)
Inventory Rt. # :
7x112x1xA Project Type : C "STIP" Item No.:
XX2023-10 Est. Constr. Date :
NA
(Demo Projects Only)
(Month / Year)
Beginning Milept.:
0000.793 Ending Milept : 0001.785
Demo. ID No.:
NA
(Demo Projects Only)
Original Agreement:
December 6, 2016 Description : Major Widening
Project End Date: September 30, 2025 CFDA #
20.205
FOR FHWA Improvement Type : IL BRIDGES�I Feature Str. # Type
USE ONLY Urbanized Area : NARTS
Rural or Urban : U
Functional System : M
Fed -Aid System : 0
LPA: N
FUNDING: Federal Funds
Improvement Tvpe
CMAQ - Z400
State PE - 15
Consult Title I - 15
Total - Z400
CMAQ - Z400(AC)
Utilities - 43
R/W-16
Total - Z400(AC)
TOTAL
Previously
Now
Total
Authorized
Requested
Federal
132,000.00
0.00
132,000.00
14,486.00
0.00
14,486.00
146,486.00
0.00
146,486.00
396,525.96
0.00
396,525.96
0.00
1,558,908.00
1,558,908.00
396, 525.96
1,558,908.00
1,955,433.96
543,011.96
1,558,908.00
2,101,919.96
Other
Other Total
F.F.
[ STATE ][
] Cost
%
33,000.00
165,000.00
80
3,621.50
18,107.50
80
36,621.50
183,107.50
99,131.49
495,657.45
80
389,727.00
1,948,635.00
80
488,858.49
2 444 292.45
525,479.99
.00 2,627,399.95
11
Comments: Mod. #9 - Based on estimated right of way costs and to extend the period of performance.
State PE Auth: 12/6/16, Rev: 06/19/2017, 07/05/17, 8/29/17, 9/18/17, 08/15/18, 01/29/19
Utilities Auth 12/10/21
T3CE apprvd 3/1/23
This agreement is subject to the following award terms: http://edocket.access.gpo.gov/201O/pdf/2010-22705.pdf and
11 http://edocket.access.gpo.gov/2010/pdf/2010-22706.pdf.
The State agrees that as a condition to payment of Federal funds obligated, it accepts and will comply with the agreement
Original Agreement
provisions set forth in 23 CFR, Parts 630.106 and 630.112; and its signature constitutes the making of the certifications 11
Modified Agreement
�X
Approved for Submission: d/Fi Date:
3-28-2023
Federa rogramss Coordinator
Approved in FMIS by Electronic Signature: X Date:
4-6-2023
S tin ad - Pr r Fu ing
Agreement/ Modification Requested in FMISC/by
,T
b
Electronic Signature Date:
ivision Engineer -Program Management
Federal -Aid Project Agreement was approved and authorized by electronic signature on 04/07/2023
by FHWA
Note a copy of Form FMISD06A has been printed and sent to the Master Files which shows the above date.
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
11►11:
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
RELATIVE TO
Implementation of Highway 112 Improvements between Highway 16 and Interstate 49 in
Fayetteville, Washington County (hereinafter called the 'Projects").
WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed interest in
partnering with the Arkansas Department of Transportation (hereinafter called the "Department")
for the Projects; and
WHEREAS, Resolution No. 27-17 from the City agrees to contribute $3,358,600 for the
Projects and to accept ownership and responsibility of the portions of Highway 112 between
Highway 16 and Interstate 49 upon completion of the improvements; and
WHEREAS, Arkansas State Highway Commission Minute Order 2017-012 has authorized the
Director to enter into the necessary partnering agreements with the City for the Projects; and
WHEREAS, it is understood that the City and the Department will adhere to the General
Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business
Enterprises (DBEs) (Attachment A) and that, as part of these requirements, the Department may
set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and
related to the potential availability of DBEs in desired areas of expertise.
IT IS HEREBY AGREED that the City and the Department will accept the additional
responsibilities and assigned duties as described hereinafter.
THE CITY WILL:
1. Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave.
(Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North
Street and from Leroy Pond Drive to the beginning of Job 040582:
a. Be responsible for $3,358,600 in project costs as shown in Attachment B for
Job 040582.
b. Be responsible for any increases in construction, right of way, or utility costs
resulting from changes in project scope proposed by the City.
c. Be responsible for any desired revisions to the current design of Job 040582, along
with associated engineering costs.
d. Be responsible for any costs resulting from inclusion of desired revisions in project
scope outside the Department's typical overlay design for the Highway 112 overlays.
e. Prepare plans, specifications, and a cost estimate for construction. A registered
professional engineer must sign the plans and specifications for the Project. (See
Attachment C for items to be included in the bid proposal.)
f. Understand that expenditures for work performed by the City's forces (including
preliminary and construction engineering, environmental documentation, and
right of way acquisition services) are not eligible for reimbursement with federal
funds.
g. Ensure that the plans and specifications comply with the Americans with Disabilities
Act (ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations,
including airport clearance when necessary, for the type of work involved.
h. Submit final plans for Department review.
i. Submit a certification letter (Attachment D), including all items noted, to the
Department when requesting authority to advertise the Projects for construction bids.
j. Advertise for bids in accordance with federal procedures as shown in Attachment E.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
k. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
1. After bids are opened and reviewed, submit a Certification Letter Requesting
Concurrence in Award (Attachment F), including all items noted, to the Department.
in. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction
meeting with the Contractor and invite the Department's Resident Engineer assigned
to the Project.
n. Make payments to the contractor for work accomplished in accordance with the plans
and specifications. Then request reimbursement from the Department for costs
exceeding $2,359,118 on the Construction Certification and Reimbursement Request
(CCRR) form (Attachment G). Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
o. Provide construction engineering and inspection services, including associated costs,
for the Project.
p. Attach LPA Report of Daily Work Performed (Attachment H) for all days that
correspond with each CCRR submittal.
q. Prior to executing the work, submit construction contract change orders to the
Department's Resident Engineer in charge of reimbursements for review and
approval.
r. Be responsible for any increased costs resulting from desired revisions in project
scope, whether during the design phase or during construction as a change order.
s. Upon completion of the Project, hold a final acceptance meeting for the Project and
submit the LPA Final Acceptance Report form certifying that the Project was
accomplished in accordance with the plans and specifications (Attachment I). This
form must be signed by the engineer performing construction inspection on the
Project, the Department's Resident Engineer assigned to the project, the City's full-
time employee in responsible charge, and the City's Mayor.
t. Upon completion of these improvements to Highway 112, accept ownership and
responsibility of the portion of Highway 112, Section 0 between Highway 16
(W. 15th Street) and Highway 112 Spur (Wedington Drive).
-2-
2. Be responsible for the following in relation to projects scheduled to widen Highway 112
between Poplar Street and Interstate 49:
a. Be responsible for hiring a consultant engineering firm(s) in accordance with the
Local Agency Consultant Selection Procedures (Attachment K) to provide
engineering services which include environmental documentation, preliminary
engineering, and construction engineering for the Project. NOTE: FHWA
authorization and Department approval must be given prior to issuing a work
order to the consultant for federal funds to be allowed in this phase.
b. Prepare plans, specifications, and a cost estimate for construction. A registered
professional engineer must sign the plans and specifications for the Project. (See
Attachment C for items to be included in the bid proposal.)
c. Understand that expenditures for work performed by the City's forces (including
preliminary and construction engineering, environmental documentation, and
right of way acquisition services) are not eligible for reimbursement with federal
funds.
d. Make periodic payments to the consultant for preliminary engineering for the Project
and request reimbursement from the Department. Reimbursement requests should be
submitted, at minimum, every three (3) months and not more than once per month.
e. Prepare the necessary environmental documentation as required by FHWA and
conduct any required public involvement meetings and public hearings.
f. Ensure that the plans and specifications comply with the Americans with Disabilities
Act (ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations,
including airport clearance when necessary, for the type of work involved.
g. Before acquiring property or relocating utilities, contact the Department's Right of
Way Division to obtain the procedures for acquiring right-of-way and adjusting
utilities in compliance with federal regulations. NOTE: Failure to notify the
Department prior to initiating these phases of work may result in all project
expenditures being declared non -participating in federal funds.
h. Acquire property in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (commonly referred to as the
"Uniform Act"), and request reimbursement from the Department
i. Ensure the preparation of utility adjustment and right-of-way plans are in accordance
with Arkansas State Highway Commission Policy.
j. Provide a copy of the registered deed or other approved documentation and an
appropriate certification stating the City's clear and unencumbered title to any right-
of-way to be used for the Project (See Attachment L). NOTE: Any property that is
to become Department right-of-way must be acquired in the Highway
Commission's name.
k. Submit plans at 10%, 30%, 60%, and 90% completion stages for Department review.
1. Submit a certification letter (Attachment D), including all items noted, to the
Department when requesting authority to advertise the Project for construction bids.
in. Advertise for bids in accordance with federal procedures as shown in Attachment E.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
-3-
n. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
o. After bids are opened and reviewed, submit a Certification Letter Requesting
Concurrence in Award (Attachment F), including all items noted, to the Department.
p. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction
meeting with the Contractor and invite the Department's Resident Engineer assigned
to the Project.
q. Make periodic payments to the consultant for construction engineering for the Project
and request reimbursement from the Department. Reimbursement requests should be
submitted, at minimum, every three (3) months and not more than once per month.
r. Make payments to the contractor for work accomplished in accordance with the plans
and specifications and approved by the Department. Then request reimbursement
from the Department on the Construction Certification and Reimbursement Request
(CCRR) form (Attachment G). Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
s. Attach LPA Report of Daily Work Performed (Attachment H) for all days that
correspond with each CCRR submittal.
t. Prior to executing the work, submit construction contract change orders to the
Department's Resident Engineer in charge of reimbursements for review and
approval.
u. Be responsible for any increased costs resulting from desired revisions in project
scope that exceed typical highway design criteria, whether during the design phase or
during construction as a change order.
v. Upon completion of the Project, hold a final acceptance meeting for the Project and
submit the LPA Final Acceptance Report form certifying that the Project was
accomplished in accordance with the plans and specifications (Attachment I). This
form must be signed by the engineer performing construction inspection on the
Project, the Department's Resident Engineer assigned to the project, the City's full-
time employee in responsible charge, and the City's Mayor.
w. Upon completion of these improvements to Highway 112, accept ownership and
responsibility of the portion of Highway 112, Section 1 between Highway 112 Spur
(Wedington Drive) and the northbound ramps of Interstate 49.
3. Notify the Department in writing who the City designates as its full-time employee to be in
responsible charge of the day to day oversight of the Projects (Attachment M). The duties
and functions of this person are to:
• Oversee project activities, including those dealing with cost, time, adherence to contract
requirements, construction quality and scope of Federal -aid projects;
• Maintain familiarity of day to day project operations, including project safety issues;
• Make or participate in decisions about changed conditions or scope changes that require
change orders and/or supplemental agreements;
• During construction, visit and review the project on a daily basis;
• Review financial processes, transactions and documentation to ensure that safeguards are
in place to minimize fraud, waste, and abuse;
• Direct project staff, City or consultant, to carry out project administration and contract
oversight, including proper documentation;
• Be aware of the qualifications, assignments and on-the-job performance of the City and
consultant staff at all stages of the project.
4. Maintain accounting records to adequately support reimbursement with Federal -aid funds
and be responsible for the inspection, measurement and documentation of pay items, and
certification of all work in accordance with the plans and specifications for the Projects and
for monitoring the Contractor and subcontractor(s) for compliance with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements.
5. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or
incidental to the construction of said work or used in the course of said work including but
not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and
368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof
6. Assure that its policies and practices with regard to its employees, any part of whose
compensation is reimbursed from federal funds, will be without regard to race, color,
religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of
1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities
Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR
21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation.
7. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Attachment N).
8. Grant the right of access to the City's records pertinent to the Projects and the right to audit
by the Department and Federal Highway Administration officials.
9. Be responsible for 100% of all project costs incurred should the Project not be completed as
specified.
10. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Attachment O), which is necessary for Project participation.
11. Repay to the Department the federal share of the cost of any portion of the Projects if, for any
reason, federal participation is removed due to actions or inactions of the City, its agents, its
employees, or its assigns or the City's consultants or contractors or their agents. Such actions
or inactions shall include, but are not limited to, federal non -participation arising from
problems with design plans, specifications, construction, change orders, construction
inspection, or contractor payment procedures. The City understands and agrees that the
Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax
allotment should the City fail to pay to the Department any required funds, fail to complete
the Project as specified, or fail to adequately maintain or operate the Projects.
12. Be responsible for all costs not provided by the Federal Highway Administration or the
Department.
13. Repay to the Department the federal share of the cost of this project if for any reason the
Federal Highway Administration removes federal participation.
-5-
14. Retain total, direct control over the Projects throughout the life of all project improvements
outside of the Department's right-of-way and not, without prior approval from the
Department:
• sell, transfer, or otherwise abandon any portion of the Projects;
• change the intended use of the Projects;
• make significant alterations to any improvements constructed with Federal -aid funds; or
• cease maintenance or operation of a project due to the Project's obsolescence.
15. Be responsible for satisfactory maintenance and operation of all improvements and for
adopting regulations and ordinances as necessary to ensure this. Failure to adequately
maintain and operate the Projects in accordance with Federal -aid requirements may result in
the City's repayment of federal funds and may result in withholding all future Federal -aid.
16. Submit to the Department a Single Audit in accordance with the Office of Management and
Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of
Federal -aid from any federal source including, but not limited to, the U.S. Department of
Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The
$500,000 threshold is subject to change after OMB periodic reviews.
17. Complete and transmit to the Department both pages of the Federal Funding Accountability
and Transparency Act (FFATA) Reporting Requirements (Attachment P).
18. Agree to promptly refund to the Department in full any and all revenue paid by the
Department based upon claims adjudicated by the Arkansas Claims Commission or other
legal forum sustained on account of the operations or actions of the City, including any act of
omission, neglect or misconduct of the City. This obligation survives the termination or
expiration of this Agreement.
THE DEPARTMENT WILL:
Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave.
(Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North
Street and from Leroy Pond Drive to the beginning of Job 040582:
a. Be responsible for all funding beyond the City's share of Job 040582, except for any
increases in cost resulting from changes in project scope proposed by the City.
b. Provide the funding necessary to overlay the segments of Highway 112. Costs will
be limited to those associated with the Department's typical overlay design.
c. Maintain an administrative file for the project and be responsible for administering
Federal -aid funds.
d. Provide environmental clearance for Highway 112 overlays.
e. Review final plans and specifications submitted by the City.
f. Ensure substantial compliance with federal contracting requirements through review
of the bidding proposal for inclusion of required federal forms, review of the
administration of the DBE program provisions, and general compliance with
23 CFR 635.
g. Advise the City when to proceed with advertisement of the Project for construction
bids.
h. Review and concur in award of the construction contract for the Project.
M
Ensure that the City and the City's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the City's
representatives and their consultant to verify that the work being performed by the
City's contractor, and documented and certified by the City, meets the requirements
of the Project plans, specifications, and all applicable FHWA and Department
procedures. The Department intends to perform these inspections, at a minimum,
when the construction work is approximately 10% and 50% completed. The
Department will also participate in the final inspection of the Project.
j. Review and approve any necessary change orders for project/program eligibility.
k. Be responsible for increases in project costs due to change orders for normal bid item
adjustments.
1. Reimburse the City 100% for eligible construction costs approved in the CCRR form
(Attachment I). This reimbursement will be limited to the funding available at the
time payment is requested. If the payment requested exceeds the funding available at
the time, the difference will be reimbursed as additional funds for the Project become
available.
in. Subject to the availability of funding allocated for the Project, pay the City the
remaining amount due upon completion of the Project and submittal of the certified
LPA Final Acceptance Report form (Attachment K).
n. Upon completion of these improvements to Highway 112, remove the portion of
Highway 112, Section 0 between Highway 16 (W. 15th Street) and Highway 112
Spur (Wedington Drive) from the State Highway System and transfer ownership and
responsibility to the City.
2. Be responsible for the following in relation to projects scheduled to widen Highway 112
between Poplar Street and Interstate 49:
a. Provide the City the amount of funding necessary for all phases of work to develop
and construct the typical design section for an urban state highway, as shown on
Attachment J, for this portion of Highway 112.
b. Evaluate the proposed typical design section versus the typical design section for an
urban state highway, as shown on Attachment J, and determine how any changes will
affect the estimated cost. City -requested changes to the typical design section that are
determined to be budget -neutral will not require additional funding from the City.
c. Maintain an administrative file for the project and be responsible for administering
Federal -aid funds.
d. Coordinate with the City to procure required professional services such as design
consultants, construction engineering and inspection consultants, and right of way
consultants.
e. Review environmental documentation as prepared by the City.
f. Review plans and specifications submitted by the City.
g. Reimburse the City 100% for eligible professional services, procured using
Department -approved procedures, upon review and approval of reimbursement
requests.
-7-
h. Notify the City when right-of-way and/or utility plans are approved and the City may
proceed with right-of-way acquisition and/or utility adjustments.
i. Ensure substantial compliance with federal contracting requirements through review
of the bidding proposal for inclusion of required federal forms, review of the
administration of the DBE program provisions, and general compliance with
23 CFR 635.
j. Advise the City when to proceed with advertisement of the Project for construction
bids.
k. Review and concur in award of the construction contract for the Project.
1. Ensure that the City and the City's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the City's
representatives and their consultant to verify that the work being performed by the
City's contractor, and documented and certified by the City, meets the requirements
of the Project plans, specifications, and all applicable FHWA and Department
procedures. The Department intends to perform these inspections, at a minimum,
when the construction work is approximately 10% and 50% completed. The
Department will also participate in the final inspection of the Project.
in. Review and approve any necessary change orders for project/program eligibility.
n. Be responsible for increases in project costs due to change orders for normal bid item
adjustments.
o. Reimburse the City 100% for eligible construction costs approved in the CCRR form
(Attachment G). This reimbursement will be limited to the funding available at the
time payment is requested. If the payment requested exceeds the funding available at
the time, the difference will be reimbursed as additional funds for the Project become
available.
p. Subject to the availability of funding allocated for the Project, pay the City the
remaining amount due upon completion of the Project and submittal of the certified
LPA Final Acceptance Report form (Attachment I).
q. Upon completion of these improvements to Highway 112, remove the portion of
Highway 112, Section 1 between Highway 112 Spur (Wedington Drive) and
Interstate 49 from the State Highway System and transfer ownership and
responsibility to the City.
-8-
IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may disqualify the City from receiving future
Federal -aid highway funds.
IT IS FURTHER AGREED, that should the City fail to pay to the Department any required
funds due for project implementation or fail to complete the Project as specified in this
Agreement, or fail to adequately maintain or operate the Project, the Department may cause such
funds as may be required to be withheld from the City's Motor Fuel Tax allotment.
IN } ITNESS WHEREOF, the parties thereto have executed this Agreement this (q4t" day of
�I 22017.
ARKANSAS DEPARTMENT OF
TRANSPORTATION Y OFFAYETTEVILLE
Scott E. Bennett, P.E. Li neld or
Director May
Kit liams
City Attorney
ARKANSAS DEPARTMENT OF TRANSPORTATION
NOTICE OF NONDISCRIMINATION
The Arkansas Department of Transportation (Department) complies with all civil rights provisions of federal statutes and related authorities
that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, the Department does not discriminate
on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety
Administration Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and
treatment in the Department's programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged
discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to Joanna P. McFadden Section Head -
EEO/DBE (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following
email address: tcliWdcnCtndul.env
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 acid in Braille.
"I
Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR
Part 26 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a disadvantaged business enterprise affirmative action program, which the
recipient agrees to carry out, this program is incorporated into this financial assistance
agreement by reference. This program shall be treated as a legal obligation and failure to
carry out its terms shall be treated as a violation of this financial assistance agreement.
Upon notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which
sanctions may include termination of the Agreement or other measures that may affect
the ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and
26.107 shall substitute a breach of contract and after the notification of the Department,
may result in termination of the agreement or contract by the recipient or such remedy as
the recipient deems appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
Project Information
Job Number Description I (miles)eng Phase Total Cost
Maple Street - North Street
0.47
Const +CENG
247,500
040582
Razorback Road - Garland Avenue
0.37
Utilities
640,882
Construction
4,250,000
CENG (10%)
425,000
Sub -Total
5,315,882
Leroy Pond Drive - North
0.54 Const+CENG
192,500
City Funds
SUP -A Match Total
512,706
128,176
640,882
1,887,294
471,824
2,359,118
358,600
358,600
2,400,000
958,600
3,358,600
rr rrr
958,600
3,358,600
ESTIMATED ADDITIONAL STATE FUNDS
Additional Federal and State funding made available for
improvements if the City agrees to assume ownership and
maintenance of Hwy. 112. This amount will either be increased or
decreased based on the lowest responsive bid received that is
awarded to contract. This amount does not represent a minimum
or maximum of funding made available for the project.
Federal Match Total
198,000
49,500
247,500
1,512,706
378,177
1,890,883
53,120
13,280
66,400
1,565,826
391,457
1,957,283
154,000
38,500
192,500
Note: Job 040582's construction cost estimate is based on the current design. City funds are capped at $3,358,600 in STP-A and matching funds. AHTD is committed to providing the full amount of gap funding necessary foi
Job 040582, contingent upon receiving a responsive bid that is within an acceptable range of the engineers estimate. The City of Fayetteville will revise the current design to incorporate some desired changes.
Funding for any increases in scope will be the responsiblity of the City and will be added to the $3,358,600 cap amount. Once the project is let to contract, an increase in cost due to added scope will be the
responsibility of the City. An increase in cost due to normal change in conditions will be the responsibility of the Department
AHTD is committed to providing funds for the overlay projects using our basic design standards. Funding for any increases in scope will be the responsiblity of the City and be added to the $3,358,600 cap amount.
11CSD11StatRptlP&C-DIV�_LFPA1ProgramslPaaneringl_Fayetteville_040582_Hwyl l2lmpvts&RouteDroplAttachmentslB-Fayetteville_040582_Hwy.112 Fayetteville Funding Breakdown.xlsx Attachment B
Attachment C
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECTS
1) FHWA-1273
Each set of contract documents shall include FHWA-1273, "Required Contract Provisions,
Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273.
Copies of FHWA-1273 and supplements will be provided by the Department.
2) Anti -Collusion and Debarment Certification
The certification shall either be in the form of an affidavit executed and sworn to by the bidder
before a person who is authorized by the laws of the State to administer oaths or in the form of
an unsworn declaration executed under penalty of perjury of the law of the United States. The
required form for the Anti -Collusion and Debarment Certification will be provided by the
Department. The certification includes:
• Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or
corporation submitting the bid certifying that such person, firm, association, or corporation
has not, either directly or in -directly, entered into any agreement, participated in any
collusion, or otherwise taken any action, in restraint of free competitive bidding in
connection with the submitted bid.
• Debarment - A statement regarding debarment, suspension, ineligibility and voluntary
exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29).
Failure to submit the executed Certification as pert of the hiddink 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 hates
Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located
within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage
rates will be provided by the Department.
Attachment D
CERTIFICATION LETTER
REQUESTING AUTHORITY TO ADVERTISE FOR BIDS
DATE
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
Re: Job #
Job Name
County
The following documents are submitted concerning the referenced project:
1. One reproducible set of plans and specifications.
2. A copy of the engineer's estimate of cost.
3. Copies of any technical specifications or special provisions.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the
plans and specifications comply with the Americans with Disabilities Act (ADA), the American
Association of State Highway and Transportation Officials (AASHTO) design standards, and all
other applicable state and federal regulations, including airport clearance when necessary, for the
type of work involved.
I understand that if any project items are declared non -participating in federal funds due to
failure to comply with any State or federal requirements, the City will promptly repay such funds
to the Arkansas Department of Transportation (ArDOT). Further, I hereby authorize the Director
of the Arkansas State Department of Finance and Administration to transfer such funds from the
City's gasoline tax allotment to the ArDOT's RRA Fund upon notification by the Director that
such funds are due ArDOT and have not been paid by the City.
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(City's CEO)
Enclosures
Attachment E
GUIDELINES FOR ADVERTISING AND OPENING BIDS
FEDERAL -AID PROJECTS
Upon receipt of written authorization from the Arkansas Department of Transportation, the
project may be advertised for bids. The following minimum guidelines for advertising must be
met:
• The minimum advertising period is three weeks.
• In addition to meeting the State requirements for advertising for construction projects, the
project must be advertised a minimum of two times in a statewide newspaper.
• The notice must contain: (1) the time, date, and place that sealed bids are to be accepted,
opened, and publicly read; (2) a brief description of the kind or type of work contemplated;
and (3) the place at which prospective bidders may obtain plans and specifications.
• The City will include the following language in the solicitation for bids:
"The City hereby notifies all bidders that this contract is subject to applicable labor
laws, non-discrimination provisions, wage rate laws and other federal laws
including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962
and Title VI of the Civil Rights Act of 1964 also apply."
• All bids received in accordance with the terms of the advertisement shall be publicly opened
and at a minimum, the total amount bid must be read (the City may choose to read the bids
item by item).
• If any bid received is not read aloud, the name of the bidder and the reason for not reading
the bid aloud shall be publicly announced at the letting.
• In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and
licensing contractors must be approved by the Federal Highway Administration.
• Negotiation with contractors during the period following the opening of bids and before
the award of the contract is not permitted.
Attachment F
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
DATE
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
IZc: Job #
Job Name
Count,
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with the
regulations governing Federal -aid projects and all other applicable state and federal regulations,
and that this process has been reviewed and approved by the City Attorney. Additionally, I
certify that the bid is being awarded to the lowest responsive and qualified bidder and that there
has not been, nor will there be, any negotiations with the contractor or other bidders regarding the
amount bid.
Your concurrence in the award of this contract to CONTRACTOR is requested.
Sincerely,
Mayor
City Attorney
Enclosures
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
Job No:
FAP:
County:
Job Name:
1 Original Contract Amount
2 Net Changes by Change Orders
3 Present Contract Total
4 Work Completed to Date
5 Previous Reimbursements
6 Amount Due this Estimate
(subtract Line 5 from Line 4)
Payee/City:
address
Federal Tax ID No.:
Total changes previously approved
ADDITIONS
DEDUCTIONS
Total approved this Request Period
TOTALS
NET CHANGES by Change Order
e 2 acove
By
Title
By
Title:
Revised: 7/25/17
PAGE 1 OF 2 PAGES
DATE:
PAY REQUEST#
FROM: TO.
The information provided in this document is true and correct and I
recommend that payment be made to the Contractor for this work
Date
Payment is requested from the Arkansas Department
of Transportation for the Amount Due I certify that the
Contractor and/or subcontractor(s) are complying with the provisions
of FHWA-1273, Required Contract Provisions, Federal -aid Construction
Contracts, and Supplements; that the work has been completed by the
Contractor in accordance with the plans and specifications; and that
the Contractor has been paid for this work
Date:
DEPARTMENT USE ONLY
Recommended for Payment in PAID
Accordance with Project Agreement Approved for Payment
Resident Engineer
State Construction Engineer
Voucher No
Date:
A'tarhmPnt
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 3/13/17
' _ PAGE 2 OF 2 PAGES
JOB NUMBER
FAP REQUEST NO: DATE:
JOB NAME
CITY:
FROM: TO:
CONTRACTOR:
A
B
C
D I E
F
G
H
I
ITEM
NO.
DESCRIPTION OF WORK
SCHEDULED
VALUE
WORK COMPLETED
MATERIALS
PRESENTLY
STOCKPILED
(NOT IN D or E)
TOTAL
COMPLETED &
STOCKPILED
TO DATE (D+E+F)
%
COMPLETED
(G = C)
BALANCE
TO FINISH
(C - G)
PREVIOUS
REQUESTS
THIS PERIOD
GRAND TOTALS
Attachment G
COPY OF CITY'S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM
Attachment H
CITY
LPA Report of Daily Work Performed
Job Name Job No
FAP No. Contractor:
Date Hours Worked. — Report No.:
Site Conditions
Useable
Partly Useable
Not Useable
Min Temp. (F)
Max Temp. F
Comments
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
Attachment I
Job Name:
Job No:
County:
Contractor:
Date Work Began:
Attendees:
Remarks:
CITY
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
City
E
Date:
Recommended for Acceptance in
Accordance with Project Agreement
ArDOT Resident Engineer
Project Recommended for Acceptance
Designated Full-time Employee:
I certify that the Contractor and/or subcontractor(s) have complied with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements; that the project has been completed by the Contractor in accordance with
the plans and specifications; that the Contractor has been paid for this work, and the
project is hereby accepted.
CITY's CEO
.r—'
6 APO—
Kxxxxx
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TYPICAL SECTIONS OF IMPROVEMENT
Attachment J
Attachment K
LOCAL AGENCY
CONSULTANT SELECTION PROCEDURES
Section I — Application
These procedures apply to federally funded contracts for engineering and design
services for projects. The federal laws and regulations that govern the procurement of
engineering and design related services with Federal -aid highway funds are:
• 23 U.S.C. 112 "Letting of contracts".
• 23 CFR 172 "Administration of Engineering and Design Related Service
Contracts",
• 49 CFR 18 "Uniform Administration Requirements for Grants and
Cooperative Agreements to State and Local Governments" or more
commonly known as the "Common Rule",
• 40 U.S.C. Chapter 10 Subchapter VI, paragraphs 541-544 or commonly
called the "Brooks Act".
In accordance with the above federal laws and regulations, the Arkansas
Department of Transportation (ArDOT) has approved these procedures for use by the
Local Agency for the "competitive negotiation" method of procurement as defined in 23
CFR 172.5, Methods of Procurement.
The Local Agency will use these procedures for Federal -aid contracts and may
elect to use them for non -Federal -aid contracts.
These procedures do not apply to design -build Contracts.
Section II — Advertisement for Letters of Interest (LOIs).
The Local Agency may employ a consultant engineering firm when a need exists
for engineering services and it is in the Local Agency's best interest to employ an
engineer or engineering firm.
As a minimum, the Local Agency will advertise in a statewide newspaper, the
ArDOT's website and the Local Agency's website (if available), advising that consultant
engineering services are being sought. In addition, the Local Agency may advertise in
appropriate national trade magazines or websites for specialized services. Interested
firms must furnish a Letter of Interest with primary contact information and Architect -
Engineer Qualifications Standard Form 330 Parts I and II. The advertisement will be
for either a specific single project, a group of projects, or for an indefinite delivery of
projects to be determined at a later date with specific task orders issued for each
project.
Attachment K
When the Local Agency advertises a specific project, the advertisement will
describe the work in general terms so that firms may evaluate their interest in
performing the desired services.
When the Local Agency advertises a group of projects, a general description of
work will be furnished. Firms will be asked to specify the projects they are interested in
performing. When the Local Agency decides to proceed with a certain project, those
firms having expressed interest in that project will be considered for selection.
When the Local Agency advertises for an indefinite delivery of projects with later
specified task orders, the advertisement will include a general description of work for the
project tasks.
Section III — Selection Committee.
The Local Agency will designate a Selection Committee (Committee) to evaluate
and analyze the LOls and Proposals.
Section IV — Evaluation of LOIs.
The Committee will evaluate each consultant firm based on the following:
No.
Evaluation Factors for LOls
Maximum Points
Possible
Professional staff including the education, experience,
1
number of personnel available, and any partnerships
10
with sub -consultants
General and professional reputation, including
2
responsiveness to civil rights and equal employment
10
opportunity requirements and opportunities
3
Past work performance
10
4
Experience with projects of a similar nature as those
10
advertised
Total Points for LOI
40
Following their review, the selection committee will prepare a short list of
engineering firms and recommend to the Local Agency that these firms submit detailed
proposals for further evaluation.
Section V — Request for Proposal (RFP).
The Local Agency will prepare a scope of work statement and request proposals
from the engineering firms on the short list. For projects with FHWA oversight, the
Local Agency will forward the scope of work statement to ArDOT to forward to FHWA
for review and approval before soliciting RFPs. A Local Agency's scope of work will
typically include the following:
2
Attachment K
1. A detailed description of the work
2. Services that will be furnished by the Local Agency
3. Services expected of the consultant
4. Project conditions of the work
5. Special conditions of the work
6. Assurance of participation of Disadvantaged Business Enterprises
(DBE) in Federal -aid projects. The Local Agency may establish a DBE
goal of a certain percentage of the work for DBE's to assure DBE's
participation in Federal -aid projects. When a DBE goal is specified,
the Local Agency will ensure that a certified DBE(s) performs the
identified engineering work and that the payments to the DBE(s) verify
that the goal was reached. The establishment of a DBE goal does not
preclude a DBE from being the prime consultant for the project.
The short-listed firms should submit proposals that contain the following.
1. A cover letter with primary contact information
2. A detailed work plan that identifies the major tasks of work
3. A list of major concerns associated with completing the work
4. A detailed work schedule for specific projects as requested
5. A manpower estimate for specific projects as requested
6. Updated Standard Form 330 Parts I and II if necessary
The Committee will review the proposals with particular attention to the following
evaluation factors and the consideration of Section IV. The evaluation factors and
their relative importance will be listed in the RFP if any of the factors are different from
the list below.
No.
Evaluation Factors for Proposals
Maximum Points
Possible
1
Obvious indication that the scope of work is clearly
10
understood
2
Comprehensive, coherent, and detailed work plan
10
3
1 Realistic work schedule when applicable
10
4
Proposed working office location, need for a local
5
office, and any local representative*
5
Identification of sub -consultants and responsiveness to
5
DBE goals and opportunities
6
Total Points for L_OI
Total Points for Proposals
40
80
*Locality preference may be used on a project by project basis where it is not based on political
boundaries.
Based on these various items, the Committee will rank the firms in order of
preference and submit the list to the Local Agency who will either:
1. Select one firm to enter negotiations with;
3
Attachment K
2. Select multiple firms for an indefinite delivery contract; or
3. Select two or more firms to interview (a firm may present additional
information concerning their proposal at the interview). After the
interviews, the Committee will re-evaluate the firms based on the
interview and the same evaluation factors as noted previously. The
ranked list will be submitted to the Local Agency for review and final
selection.
The contract file will contain records of the rankings and supporting data;
however, the rankings will not be public information. Copies of the LOI advertisement,
the rankings, and supporting data shall be submitted to ArDOT for the contract file.
Section VI — Negotiation and Contract Preparation.
Once a firm is selected for negotiation for a specific job or a group of projects, it
will prepare a draft contract including a cost estimate for the project. The other firms on
the short list will be advised of the firm selected, subject to successful negotiations.
More than one firm may be selected for an indefinite delivery contract. The
contract will establish a maximum cost for the contract as well as an expiration date. As
individual task orders are issued, individual task order cost estimates will be negotiated.
The selected firm will prepare a draft contract based on a sample contract
furnished by the ArDOT. In accordance with the principles of 23 CFR 172, the draft
contract must include an overhead rate that is approved by the ArDOT. The overhead
rate shall be verified by an audit by a certified public accountant on behalf of the
consultant if the contract exceeds $250,000. If the contract is less than $250,000, the
overhead rate shall also be verified by an audit by a certified public accountant on
behalf of the consultant if at least one of the following conditions applies-
1 . when there is insufficient knowledge of the consultant's accounting
system;
2. when there is previous unfavorable experience regarding the reliability
of the consultant's accounting system; or
3. when the contract involves procurement of new equipment or supplies
for which cost experience is lacking.
Pursuant to this requirement, the ArDOT will notify the Local Agency if an audit
by a certified public accountant for the selected firm is necessary. The certified audit
needs to be provided by the selected firm prior to the submission of the final draft
contract.
The Local Agency will review the draft contract proposal and either approve it as
submitted or enter into negotiations with the selected firm to establish a contract and
contract amount that the Local Agency deems is fair and reasonable. If a satisfactory
contract cannot be negotiated with the selected firm, negotiations will be formally
terminated. The Local Agency will then enter into negotiations with the second ranked
firm. If negotiations with that firm fail, the Local Agency will formally terminate those
rd
Attachment K
negotiations and begin to negotiate with the third ranked firm, and so on. If the Local
Agency cannot negotiate a satisfactory contract with any of the firms on the short list,
the Local Agency shall either
1. Request proposals from additional firms who have submitted 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.
When the Local Agency and the consultant agree on a negotiated contract, the
consultant will prepare a final draft and submit it to the Local Agency and ArDOT for
review. After review and a determination that it is acceptable, the consultant will sign
the contract. The Local Agency will then execute the contract. The contract will
subsequently be submitted to ArDOT for final review and approval. When approved,
copies of the signed contract will be distributed within the Local Agency and to the
consultant.
For projects with FHWA oversight and for indefinite delivery contracts utilizing
federal funds, the ArDOT will forward the initial and final drafts of the contract to FHWA
for review and comment. The FHWA approves the final executed contract by stamp
and signature and retains a copy.
After the Local Agency executes an indefinite delivery contract, it will assign
specific projects by task order for the duration of the contract period. The consultant will
prepare each task order based on the scope of work furnished by the Local Agency.
The task order will include a manpower estimate and cost. The Local Agency will
review the task order and approve it as submitted or negotiate with the consultant to
establish a task order and task order amount that the Local Agency deems is fair and
reasonable. After review and a determination that the task order is acceptable, the
consultant will sign the task order. The Local Agency will execute the task order. The
task order will subsequently be submitted to ArDOT for final review and approval. When
approved, copies of the signed task order will be distributed within the Local Agency
and to the consultant. For projects with FHWA oversight, the ArDOT will forward the
initial and final drafts of the task order to FHWA for review and comment. The FHWA
approves the final executed task order by stamp and signature and retains a copy.
Section VII — Monitoring the Contract.
The Local Agency may identify staff members as key liaisons for specific projects
or for technical matters during the administration of the contract period.
The Local Agency will
1. Maintain the contract files.
2. Arrange and attend periodic progress meetings.
3. Coordinate reviews and approval actions with other agencies when
necessary.
5
Attachment K
4. Review progress payments.
5. Coordinate questions from the consultant.
6. Negotiate any change or amendment to the contract and submit to
ArDOT for review and approval.
7. Prepare an evaluation of the consultant's performance after completion
of the contract. A copy of the evaluation shall be submitted to the
ArDOT.
Section VIII — Consultant Liability
The Local Agency will include a contract requirement that the consultant will
warrant that all services and work products provided as part of the contract are free
from defects in workmanship at the time of acceptance and that the work conforms to
the requirements of the contract. This warrant is effective regardless of the degree of
inspection and acceptance by the Local Agency or others.
If the consultant is required to correct or re -perform any work or services, the
work will be performed at no cost to the Local Agency, and any work or services
corrected or re -performed by the consultant shall also be warranted that it is free from
defects in workmanship. If the consultant fails or refuses to correct or re -perform, the
Local Agency may, by contract or otherwise, correct or replace the deficient items or
services with similar work or services, and charge the cost to the consultant or make an
equitable adjustment in the consultant's reimbursement.
Acceptance is an act of an authorized representative of the Local Agency by
which the Local Agency approves specific services, as partial or complete performance
of the contract. Correction is the elimination of a defect.
N.
Attachment L
CITY LETTERHEAD
JOB NUMBER
JOB DESCRIPTION
COUNTY
Title to the right of way necessary for the construction of this project has been acquired, or will be
acquired, in accordance with applicable Federal Highway Administration procedures.
indicate total number in each category here. Delete any categories not used in this job.
Tract(s)
Options(s)
_ Paid
Donation(s)
Negotiation Pending* - include tract number(s) and statement: "It is anticipated that
this/these tracts) will be acquired by (date). "
Condemnation(s) — (include Order of Possession date or date the Court Order was filed)
Condemnation(s) Pending* - include tract number(s) and anticipated filing date
* If applicable
Idelete 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 property/etc) on the project.
There are no structures located within the right of way area.
-Or-
All structures have been removed from this project, except for those to be included as demolition
items in the highway contract.
No conflicting utilities are known to exist in the right of way area.
-Or-
Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status
Report.
There are no railroads involved on this project
-OR-
Tract(s) # shown above include() # (Permanent/Temporary Construction Easements) for
Railroad.
No right of way in excess of that needed for construction or future maintenance of this project was
acquired.
Certified by:
(Type name)
(Type title)
Date:
City Letterhead
(Designating Full -Time Employee
in Responsible Charge)
DATE
Mr. Jared D. Wiley
Division Engineer — Program Management
Arkansas Department of Transportation
P. O. BOX 2261
Little Rock, AR 72203
Dear Mr. Wiley:
Re: Job Name
County
Attachment M
The full-time employee in responsible charge of the day to day oversight for the referenced
project will be (inneri e rnployce '. manic). This letter certifies that the employee is aware of the
duties and functions they are in charge of as outlined in the Agreement of Understanding. They
can be contacted at (insert phone nrunhe r) or at (inse rl entail address).
Sincerely,
NAME & OFFICE
(City's CEO)
Attachment N
49 CFR 18.42
UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
Post -Award Requirements
Retention and access requirements for records.
(a) Applicability. (1) This section applies to all
financial and programmatic records, supporting
documents, statistical records, and other records of
grantees or subgrantees which are:
(i) Required to be maintained by the terms of this
part, program regulations or the grant agreement, or
(ii) Otherwise reasonably considered as pertinent to
program regulations or the grant agreement.
(2) This section does not apply to records maintained
by contractors or subcontractors. For a requirement to
place a provision concerning records in certain kinds of
contracts, see Sec. 18.36(i)(10).
(b) Length of retention period. (1) Except as
otherwise provided, records must be retained for three
years from the starting date specified in paragraph (c) of
this section.
(2) If any litigation, claim, negotiation, audit or other
action involving the records has been started before the
expiration of the 3-year period, the records must be
retained until completion of the action and resolution of
all issues which arise from it, or until the end of the
regular 3-year period, whichever is later.
(3) To avoid duplicate recordkeeping, awarding
agencies may make special arrangements with grantees
and subgrantees to retain any records which are
continuously needed for joint use. The awarding agency
will request transfer of records to its custody when it
determines that the records possess long-term retention
value. When the records are transferred to or maintained
by the Federal agency, the 3-year retention requirement
is not applicable to the grantee or subgrantee.
(c) Starting date of retention period--(1) General.
When grant support is continued or renewed at annual
or other intervals, the retention period for the records of
each funding period starts on the day the grantee or
subgrantee submits to the awarding agency its single or
last expenditure report for that period. However, if grant
support is continued or renewed quarterly, the retention
period for each year's records starts on the day the
grantee submits its expenditure report for the last quarter
of the Federal fiscal year. In all other cases, the retention
period starts on the day the grantee submits its final
expenditure report. If an expenditure report has been
waived, the retention period starts on the day the report
would have been due.
(2) Real property and equipment records. The
retention period for real property and equipment records
starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or
subgrant support. In some cases grantees must report
income after the period of grant support. Where there is
such a requirement, the retention period for the records
pertaining to the eaming of the income starts from the
end of the grantee's fiscal year in which the income is
earned.
(4) Indirect cost rate proposals, cost allocations
plans, etc. This paragraph applies to the following types
of documents, and their supporting records: indirect cost
rate computations or proposals, cost allocation plans,
and any similar accounting computations of the rate at
which a particular group of costs is chargeable (such as
computer usage chargeback rates or composite fringe
benefit rates).
(i) If submitted for negotiation. If the proposal, plan,
or other computation is required to be submitted to the
Federal Government (or to the grantee) to form the basis
for negotiation of the rate, then the 3-year retention
period for its supporting records starts from the date of
such submission.
(ii) If not submitted for negotiation. If the proposal,
plan, or other computation is not required to be
submitted to the Federal Government (or to the grantee)
for negotiation purposes, then the 3-year retention
period for the proposal plan, or computation and its
supporting records starts from the end of the fiscal year
(or other accounting period) covered by the proposal,
plan, or other computation.
(d) Substitution of microfilm. Copies made by
microfilming, photocopying, or similar methods may be
substituted for the original records.
(e) Access to records--(1) Records of grantees and
subgrantees. The awarding agency and the Comptroller
General of the United States, or any of their authorized
representatives, shall have the right of access to any
pertinent books, documents, papers, or other records of
grantees and subgrantees which are pertinent to the
grant, in order to make audits, examinations, excerpts,
and transcripts.
(2) Expiration of right of access. The right of access
in this section must not be limited to the required
retention period but shall last as long as the records are
retained.
(f) Restrictions on public access. The Federal
Freedom of Information Act (5 U.S.C. 552) does not
apply to records unless required by Federal, State, or
local law, grantees and subgrantees are not required to
permit public access to their records.
[Revised as of October 1, 1997]
Attachment O
CERTIFICATION FOR CRAN'I'S, LOANS, AND COOPERATIVE AGREEMEN'I'S
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 I�Ss than $10,000 and not more than $100,000 for each
such failure. 7%
eld Jordan
of Fayetteville
Attachment P
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 (hereinafter called ArDOT (the Arkansas Department of
Transportation)) awarded a new Federal grant greater than or equal to $25,000 as of
October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of
Management and Budget guidance issued August 27, 2010. ArDOT is required to file a FFATA
sub -award report for any sub -grant awarded to a sub-awardee greater than or equal to
25 000. As a sub-awardee, _ 6�71 r-y /� — shall
provide the following information to ArDOT in order to fulfill FFATA reporting requirements:
v A unique identifier (Dun & Bradstreet DUNS Number) of the sub-awardee receiving the
award and the parent entity of the recipient, should the sub-awardee be owned by another
entity;
The names and total compensation of the five most highly compensated officers of the
sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent
or more of its annual gross revenues in Federal awards; and $25,000,000 or more in
annual gross revenues from Federal awards; and the public does not have access to
information about the compensation of the senior executives of the sub-awardee through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See
FFATA § 2(b)(1).
Page 1 of 2
Attachment P
Required Sub-Awardee Information
(A) Sub-Awardee — DUNS Number: _�SGL ✓�T��z
Parent (if applicable) — DUNS Number:
(B) In the preceding completed Federal fiscal year, did your business or organization (the legal
entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of
its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants,
and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from
U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative
agreements?
Yes / S(Circle one)
If "Yes" is selected, answer (C).
(C) Does the public have access to information about the compensation of the executives in your
business or organization (the legal entity to which the DUNS number entered above belongs)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
Yes / No (Circle one)
If "Yes" is selected, visit http://Www.sec.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 DUNS number entered above belongs). Amount should reflect the Total
Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars.
Sub-Awardee Names and Compensation of Most Highly Compensated Officers
Name:
Amount: $
2. Name: Amount: $
3. Name: Amount: $
4. Name: Amount: $
5. Name: _ _ _ _ Amount: $
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