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HomeMy WebLinkAbout288-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 288-24 File Number: 2024-750 RUPPLE ROAD TRAIL LIGHTING (ARDOT AGREEMENT OF UNDERSTANDING): A RESOLUTION TO AUTHORIZE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE RUPPLE ROAD TRAIL LIGHTING PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING $315,193.00 IN FEDERAL -AID FUNDING WHEREAS, in June 2024, the City of Fayetteville was awarded $315,193.00 in federal -aid funds through the Northwest Arkansas Regional Planning Commission Carbon Reduction Program for installations of lighting along the Rupple Road Trail from MLK Jr. Boulevard to Persimmon Street; and WHEREAS, the Rupple Road Trail Lighting project will include lighting along 1.8 miles of Rupple Road from MLK Jr. Boulevard to Persimmon Street; and WHEREAS, the project has been highly requested by area residents and will further expand Fayetteville's active transportation and carbon reduction goals by increasing safety and extending hours of use; and WHEREAS, by providing the lighting infrastructure, more people can choose to reach their destinations using active transportation instead of a vehicle. 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 Department of Transportation for the Rupple Road Trail Lighting Project and further authorizes the Mayor to sign additional grant documents as necessary to implement the project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing $315,193.00 in federal -aid funding, a copy of which is attached to this Resolution. PASSED and APPROVED on December 4, 2024 Page 1 Resolution. 288-24 File Number: 2024-750 Approved: Page 2 Attest: Kara Paxton, City le Treasurer — • f AYETT[V'LL v . 4 �,P • . !/11tH 1 CITY OF P v FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 4, 2024 CITY COUNCIL MEMO 2024-750 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Mihalevich, Active Transportation Manager SUBJECT: Carbon Reduction Program Federal -Aid Funding for Rupple Road Trail Lighting RECOMMENDATION: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for the Rupple Road Trail lighting project made possible through the Northwest Arkansas Regional Planning Commission — Carbon Reduction Program (CRP), approval of a budget adjustment to recognize $315,193.00 in federal -aid funding and authorizing the Mayor to sign additional grant related documents as necessary to implement the project. BACKGROUND: In June of 2024, the City of Fayetteville was awarded $315,193.00 in federal -aid funds through the Northwest Arkansas Regional Planning Commission Carbon Reduction Program for installation of lighting along the Rupple Road Trail from MLK Jr. Blvd to Persimmon Street. DISCUSSION: The Rupple Road Trail Lighting project will include lighting along 1.8 miles of Rupple Road from MLK Jr. Blvd to Persimmon Street. The project will focus on the lighting of the trail but will also include lighting of the three roundabouts. This project has been highly requested by area residents. It will further expand Fayetteville's active transportation and carbon reduction goals by increasing safety and extending hours of use. By providing the lighting infrastructure, more people can choose to reach their destinations using active transportation instead of a vehicle. BUDGET/STAFF IMPACT: The City of Fayetteville has been awarded $315,193 in federal -aid funding by the Northwest Arkansas Regional Planning Commission through the Carbon Reduction Program. The required 20 percent match or $78,798 has been budgeted through the Trails Capital Improvements Program. ATTACHMENTS: SRF (#3), BA (#4), Rupple Trail Lighting Location Map (#5), Rupple Road Trail Lighting - AOU for City Signature (#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 #: 2024-750 Carbon Reduction Program Federal -Aid Funding for Rupple Road Trail Lighting A RESOLUTION TO AUTHORIZE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE RUPPLE ROAD TRAIL LIGHTING PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING $315,193.00 IN FEDERAL -AID FUNDING WHEREAS, in June 2024, the City of Fayetteville was awarded $315,193.00 in federal -aid funds through the Northwest Arkansas Regional Planning Commission Carbon Reduction Program for installations of lighting along the Rupple Road Trail from MLK Jr. Boulevard to Persimmon Street; and WHEREAS, the Rupple Road Trail Lighting project will include lighting along 1.8 miles of Rupple Road from MLK Jr. Boulevard to Persimmon Street; and WHEREAS, the project has been highly requested by area residents and will further expand Fayetteville's active transportation and carbon reduction goals by increasing safety and extending hours of use; and WHEREAS, by providing the lighting infrastructure, more people can choose to reach their destinations using active transportation instead of a vehicle. 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 Department of Transportation for the Rupple Road Trail Lighting Project and further authorizes the Mayor to sign additional grant documents as necessary to implement the project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing $315,193.00 in federal -aid funding, a copy of which is attached to this Resolution. Page 1 City of Fayetteville Staff Review Form 2024-750 Item ID 12/3/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Mihalevich 11/7/2024 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 the Rupple Road Trail lighting project made possible through the Northwest Arkansas Regional Planning Commission — Carbon Reduction Program (CRP), approval of a budget adjustment to recognize $315,193.00 in federal -aid funding and authorizing the Mayor to sign additional grant related documents as necessary to implement the project. Budget Impact: 4470.800.8830-5814.05 Account Number 02016.2304 Project Number Budgeted Item? Yes Sales Tax Capital Improvement Trail Improvements Fund Rupple Road Lighting Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Project Title $ 125,000.00 $ 125,000.00 $ $ 315,193.00 440,193.00 V20221130 Previous Ordinance or Resolution # 67-24 Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number ENGINEERING (621) /Org2 2024 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for the Rupple Road Trail lighting project made possible through the Northwest Arkansas Regional Planning Commission — Carbon Reduction Program (CRP) and approving a budget adjustment to recognize $315,193.00 in federal -aid funding and authorizing the Mayor to sign additional grant related documents as necessary to implement the project. COUNCIL DATE: 12/3/2024 ITEM ID#: 2024-750 Holly Black 77/8/202'f 72:27 PYl Budget Division Date D - (City Council) TYPE: JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 315,193 315,193 v.20241029 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4470.800.8830-5814.05 315,193 - 02016 2304 EX Improvements -Trails 4470.800.8830-4309.00 - 315,193 02016 2304 RE Federal Grants - Capital 1 of 1 Proposed LED Trail lights Sloan Brook Village Neighborhood (Under Construction) Walnut Crossing Neighborhood North FOtk Farn[iny[On N I � � 'WI a• Persimmon St Oe's N c LLL (Q NNO N Q Q NN� 0) C X W Owl Cre.•k Owl Creek Schoo, :i iii Rupple Road Trail La yeHe St 0 N� hyNl Re 15 5[ Fayetteville Vicinity Map Rupple Road Trail 11 Proposed Trail lighting Along 1.8 Miles of Existing Trail 111 Lights Proposed \x. Dr c 5 O VI _QQ t,1 s 1v6 (owes Legend Proposed Trail Lighting (1.8 Miles) JO Existing 12' Wide Concrete Trail CITY OF Rupple Road Trail M FAYETTEVILLE 0 250 500 1,000 1,500 2,000 �� ARKANSAS Feet Proposed Trail Lighting L7L7I ARKANSAS DEPARTMENT OF TRANSPORTATION The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Mayor Jordan: ARKANSAS DEPARTMENT OF TRANSPORTATION ARDOT.gov I IDriveArkansas.com I Lorie H. Tudor, P.E., Director 10324 Interstate 30 1 P.O. Box 2261 1 Little Rock, AR 72203-2261 Phone: 501.569.2000 1 Voice/TTY 711 1 Fax: 501.569.2400 November 1, 2024 Re: Rupple Road Trail Lighting Reference is made to the Rupple Road Trail Lighting project in Fayetteville which was awarded 2025 Carbon Reduction Program — Attributable funding by the Northwest Arkansas Regional Planning Commission. In order to proceed, you and your 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 %\\ .ardot.gov/LPA. If you have any questions, please contact our Grant Procurement Section at (479) 360-7161 or LPALhardot.gov. Sin -er y. Keii ylic, P.E. '1 4 Assistant Chief Eng ne r Program Delivery Enclosure c: 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 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 Job 040967, Rupple Rd. Trail Lighting (Fayetteville) (S) (hereinafter called the "Project") as a Federal -aid Carbon Reduction Program — Attributable (CRP>200K) project. WHEREAS, funding in Infrastructure Investment and Jobs Act (IIJA) includes the following Federal -aid funds for certain local projects: Maximum Minimum Federal % Sponsor % Preliminary Engineering by Consultant 80 20 Right of Way/Utilities 80 20 Construction 80 20 Construction Engineering by Consultant 80 20 Department Administrative Costs 80 20 WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has expressed its desire to use Federal -aid funds for the eligible Project and to provide necessary matching cash share for such funds; and WHEREAS, the Sponsor has transmitted to the Arkansas Department of Transportation (hereinafter called the "Department") Resolution No. 67-24 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 CRP>200K funds; and WHEREAS, funding participation will be subject to a limit of $315,193 maximum Federal -aid CRP>200K 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 Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 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 WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual (available at ARDOT.gov) which outlines procedures and requirements which must be followed during development and construction of the Project; and WHEREAS, the parties agree, unless specifically stated otherwise, that the provisions of this agreement are not intended to create or confer a third party benefit or right in any person or entity, not a party to this agreement. IT IS HEREBY AGREED that the Sponsor, Commission, and the Department, in cooperation with the Federal Highway Administration (FHWA), will participate in a cooperative program for implementation and will accept the responsibilities and assigned duties as described hereinafter. THE SPONSOR WILL: 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. -2- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 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. 6. Request reimbursement from the Department for eligible expenditures related to preconstruction phases of the Project. 7. Understand that expenditures for preliminary or construction engineering performed by the Sponsor's forces are not eligible for reimbursement with federal funds. 8. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 9. Ensure that the plans and specifications are developed using the Department's standard drawings and Standard Specifications for Highway Construction (latest edition). 10. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance, when necessary, for the type of work involved. 11. Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right of way and adjusting utilities in compliance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non -participating in federal funds. 12. Acquire property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). 13. Ensure the preparation of utility adjustment and right of way plans are in accordance with Arkansas State Highway Commission Policy. 14. Be responsible for all non -reimbursable costs associated with the Sponsor owned utilities as defined in the Department's Utility Accommodation Policy. 15. Be responsible for the matching share for all reimbursable costs associated with the Sponsor owned utilities as defined in the Department's Utility Accommodation Policy. 16. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor's clear and unencumbered title to any right of way to be used for the Project (Form LPA-007). If property has been acquired for the Project, use Form LPA-006 for certification of the right of way. NOTE: Any property that is to become Department right of way must be acquired in the Department's name. 17. Submit plans at 30%, 60%, and 90% completion stages for Department review. -3- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 18. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 19. Advertise for bids in accordance with federal procedures as shown in Form LPA-010. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 20. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 21. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Form LPA-013), including all items noted, to the Department. 22. Prior to awarding the construction contract, submit a check for $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs on the Project during construction. The Sponsor's final share of cost for this phase will be determined by actual Department charges to construction engineering. 23. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre -construction meeting with the Contractor and must invite the Department's Resident Engineer assigned to the Project. 24. Ensure that all work, material testing and acceptance, and inspection are conducted in accordance with the Department's Standard Specifications for Highway Construction (latest edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual and with the plans, specifications, and all other applicable FHWA and Department procedures for the Project. 25. Make periodic payments to the consultant for construction engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 26. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Form LPA-014). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 27. Attach LPA Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. 28. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the Department's Resident Engineer assigned to the Project for review and approval for program eligibility. 29. Upon completion of the Project, hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Form LPA-016). This form must be signed by the engineer performing construction inspection on the Project, the Department's Resident Engineer assigned to the Project, the Sponsor's full-time employee in responsible charge, and the Sponsor's CEO. -4- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 30. Maintain accounting records to adequately support reimbursement with Federal -aid funds and be responsible for the inspection, measurement and documentation of pay items, and certification of all work in accordance with the plans and specifications for the Project and for monitoring the Contractor and subcontractor(s) for compliance with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements. 31. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of said work or used in the course of said work including but not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof. 32. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the Sponsor's contractor on the Project shall be the sole responsibility of the Sponsor's contractor and in this regard the Sponsor shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the Sponsor with documentation of proof of liability insurance coverage with submission of the signed contract. 33. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass -through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The Sponsor also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass -through entity, shall not be responsible or liable for any damages whatsoever from the actions of the Sponsor, its employees, agents and contractors. 34. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation. 35. 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 Part 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation, (Form LPA-029). -5- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 36. 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). 37. 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. 38. 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. 39. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-0 18), which is necessary for Project participation. 40. 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. 41. 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. 42. 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. 43. 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. 44. 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. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 45. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Form LPA-019). 46. 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 $315,193 in Federal -aid CRP>200K funds for the design and environmental phases of the Project as funds become available. THE DEPARTMENT WILL: 1. Maintain an administrative file for the Project and be responsible for administering Federal -aid funds. 2. Review plans and specifications submitted by the Sponsor. 3. Reimburse the Sponsor 80% (Federal -aid share) for all eligible costs related to preconstruction phases of the Project. 4. Notify the Sponsor when right of way and/or utility plans are approved, and the Sponsor may proceed with right of way acquisition and/or utility adjustments. 5. Upon receipt of the Sponsor's certification of right of way (property) ownership, provide the appropriate documentation to the file. 6. Ensure substantial compliance with federal contracting requirements through review of the bidding proposal for inclusion of required federal forms, review of the administration of the DBE program provisions, and general compliance with 23 CFR 635. 7. Advise the Sponsor when to proceed with advertisement of the Project for construction bids. 8. Review bid tabulations and concur in award of the construction contract for the Project. 9. Ensure that the Sponsor and the Sponsor's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the Sponsor's representatives and their consultant to verify that the work being performed by the Sponsor's contractor, and documented and certified by the Sponsor, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. 10. Review and approve any necessary change orders for project/program eligibility. 11. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs approved in the CCRR form (Form LPA-014). This reimbursement will be limited to the maximum Federal -aid amount and to the federal amount available at the time payment is requested. If the payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. -7- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 12. Subject to the availability of Federal -aid allocated for the Project, pay the Sponsor the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Form LPA-016). 13. Provide all form updates via email to the contact as shown on Form LPA-005. 14. Be reimbursed for costs involved in performing all the services listed above. 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 day of ,20___ 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, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Rupple Road Trail Lighting Project. Signatories CITY OF FAYETTEVILLE Kit Williams Attorney Gcc_ T -k 12-02-4 Date Df C Date -9- 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, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Rupple Road Trail Lighting Project. Signatory NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION ______________________ /A_7-2 Tim Conklin Date Executive Director -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, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Rupple Road Trail Lighting Project. Signatory ARKANSAS DEPARTMENT OF TRANSPORTATION L le . Tudor, P.E. Dire tor //o5 l Date All Forms referenced in this Agreement are available in digital format on the Department's webpage www.ardot.gov/LPA. ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE OF NONDISCRIMINATION The Arkansas Department of Transportation (ARDOT) complies 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 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 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/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: joanna.mclttdde i(ri ardot.eov. Free language assistance for Limited English Proficient individuals is available upon request. This notice is available from the ADA/504/Title Vi Coordinator in large print, on audiotape and in Braille. -11- Form LPA-001 GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB -RECIPIENTS CONCERNING DISADVANTAGED BUSINESS ENTERPRISES It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. If as a condition of assistance the recipient has submitted and the Department has approved a disadvantaged business enterprise affirmative action program, which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which sanctions may include termination of the Agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each sub -recipient, contractor or subcontractor that failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and 26.107 shall substitute a breach of contract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub -recipient", and the term "contractor" modified to include "subcontractor".) Rev. 8/27/19 Form LPA-002 LOCAL AGENCY :Is]ki641011r_1kiIf 1 Ux0I[I]kiIa:1616341111:I*1 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. 2 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. 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 *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. CI Rev. 8/27/19 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. Form LPA-002 The Committee will review the proposals with particular attention to the five (5) listed evaluation factors for the proposals and will also consider the results determined in Section IV. The evaluation factors and their relative importance will be listed in the RFP if any of the factors are different from the list below. No. Evaluation Factors for Proposals Maximum Points Possible 1 Obvious indication that the scope of work is clearly 20 understood 2 Comprehensive, coherent, and detailed work plan 20 3 Realistic work schedule when applicable 10 4 Proposed working office location, need for a local 5 office, and an local re resentative* 5 Identification of sub -consultants and responsiveness to 5 DBE oals and opportunities 6 Total Points for LOI 40 Total Points for Proposals 100 *Locality preference shall not be based on political or jurisdictional boundaries and may be applied on a project -by -project basis for contracts where a need has been established for a consultant to provide a local presence, a local presence will add value to the quality and efficiency of the project, and application of this criteria leaves an appropriate number of qualified consultants, given the nature and size of the project. (Consultants indicating that it will satisfy this factor in some manner, such as establishing a local project office, shall be considered to have satisfied this factor.) Based on these evaluation factors, the Committee will rank the consultants based on the total score and submit the list to the Local Agency who will either: 1. Select one (1) firm to enter negotiations with; or 2. Select a. Multiple firms for an IDIQ contract; or b. Three or more firms to interview (a firm may present additional information concerning their proposal at the interview). After the interviews, the Committee will re-evaluate the firms based on the interview and the same evaluation factors as noted previously. The ranking list will be submitted to the Local Agency for review and final selection. The Local Agency's contract file will contain records of the rankings and supporting data; however, the rankings will not be public information. Copies of the LOI advertisement, the rankings, and supporting data shall be submitted to the Department. 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 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 LOIs and are considered competent and qualified; evaluate and rank the firms based on the criteria described in Section V; and continue the negotiation process, or 2. Terminate all negotiations and begin the selection process again, or 3. Pursue procurement following the noncompetitive method when competition is determined to be inadequate and it is determined to not be feasible or practical to re -compete under a new solicitation. (23 CFR §1 72.7(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 bidding documents will make the bid nonresponsive and not eligible for award consideration. 3) Lobbying Certification This certification is required by 49 CFR 20. The form for this certification will be provided by the Department. 4) Davis -Bacon Pre -determined Minimum Wage Rates Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located within the existing right-of-way of a functionally classified city street or highway. The Davis -Bacon wage rates will be provided by the Department. 5) "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 FAY ETTEVILLE ARKANSAS DESIGNATING FULL-TIME EMPLOYEE IN RESPONSIBLE CHARGE December 3'd 2024 Mr. David Siskowski Division Head — Local Programs Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job #040967 Rupple Rd. Trail Lighting Washington County 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 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 727O1 Form LPA-007 I CITY OF FAYETTEVILLE ARKANSAS Jog # 040967 RUPPLE RD. TRAIL LIGHTING (FAYETTEVILLE)(S) WASHINGTON 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 exit within the right of way area. Certified b l c.L Date:t2/4- 2021' Lioneld Jor an Mayor of Fay eville Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 727O1 Form LPA-008 PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING AUTHORITY TO ADVERTISE DATE Mr. Jared D. Wiley Chief Engineer — Preconstruction Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name Co,i,,tv Dear Mr. Wiley: The following documents are submitted concerning the referenced project: 1. One set of plans and specifications. 2. A copy of the preliminary estimate of cost. 3. An unexecuted copy of the bid proposal form. I certify that the plans, specifications and estimate were prepared by or under the direct supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. I understand that if any project items are declared non -participating in federal funds due to failure to comply with any State or federal requirements, the (Sponsor Name) will promptly repay such funds to the Arkansas Department of Transportation (ARDOT). Further, I hereby authorize the Director of the Arkansas State Department of Finance and Administration to transfer such funds from the (Sponsor Name)'s Motor Fuel Tax allotment to the ARDOT's RRA Fund upon notification by the ARDOT Director of that such funds are due ARDOT and have not been paid by the (Sponsor Name). Approval to proceed with advertisement of the project for bids is requested. Sincerely, NAME & OFFICE (Sponsor's CEO) Enclosures Form LPA-0 10 GUIDELINES FOR ADVERTISING AND OPENING BIDS FEDERAL -AID PROJECTS Upon receipt of written authorization from the Arkansas Department of Transportation (Department), the project may be advertised for bids. The following minimum guidelines for advertising must be met: • The minimum advertising period is three weeks (21 days). • In addition to meeting the State requirements for advertising for construction projects, the project must be advertised a minimum of two times in a statewide newspaper (online or print versions are acceptable). • The notice must contain: (1) the time, date, and place that sealed bids are to be accepted, opened, and publicly read; (2) a brief description of the kind or type of work contemplated; and (3) the place at which prospective bidders may obtain plans and specifications. • The Sponsor will forward a copy of the approved advertisement to the Department once advertisement starts. Any addenda will also be sent to the Department during the advertisement period. • The Sponsor will include the following language in the solicitation for bids: "The (INSERT SPONSOR NAME) hereby notifies all bidders that this contract is subject to applicable labor laws, non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply." "Buy America' provisions apply to this project." "Registration and good standing in the System for Award Management (SAM) will be required prior to contract execution." • All bids received in accordance with the terms of the advertisement shall be publicly opened and at a minimum, the total amount bid must be read aloud (the sponsor may choose to read the bids item by item). • If any bid received is not read aloud, the name of the bidder and the reason for not reading the bid aloud shall be publicly announced at the letting. • In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and licensing contractors must be approved by the Federal Highway Administration. • Negotiation with contractors during the period following the opening of bids and before the award of the contract is strictly prohibited. Form LPA-013 PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING CONCURRENCE INA WARD OF THE CONTRACT DATE Mr. Jared D. Wiley Chief Engineer — Preconstruction Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Mr. Wiley: 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 CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 12/11/20 PAGE 1 OF 2 PAGES Job No.: Payee/Sponsor: DATE: FAP: address County: PAY REQUEST# Job Name.: Federal Tax ID No.: FROM: 1 Maximum Approved Federal -aid Amount 2 Original Contract Amount 3 Net Changes by Change Orders 4 Present Contract Total 5 Present Federal -aid Amount (80% of Line 4 or Amount on Line 1, whichever is less) 6 Work Completed to Date 7 Federal Match (80% of Line 6 or amount on Line 5, whichever is less) 8 Previous Reimbursements (Federal) 9 Amount Due this Estimate /ci ihtract I ina R from I ina 71 • ' Total changes previously approved ADDITIONS DEDUCTIONS Total approved this Request Period TOTALS NET CHANGES by Change Order (Line 3 above) By: Title: By: Title: 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: Form LPA-014 CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 12/11/20 PAGE 2 OF 2 PAGES JOB NUMBER: FAP: JOB NAME: SPONSOR: REQUEST NO: DATE: FROM: TO: CONTRACTOR: A B C D 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 Form LPA-014 COPY OF SPONSOR'S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM Form LPA-015 Sponsor LPA Report of Daily Work Performed Job Name: Job No.: FAP No.: Contractor: Date: Hours Worked: — Report No.: Project Conditions Site Conditions Weather Number of Contractor's Personnel Useable Sunny Laborers Partly Useable Partly Cloudy Carpenters Not Useable Rain Rainfall Amt. (in.) Concrete Laborers Equip. Operators Min Temp. (F) Max Temp. (F) Electricians Comments Plumbers Foreman Other Other Location and Description of Work Performed Special Instructions and/or Conversations Signed: Designated Full-time Employee Form LPA-016 SPONSOR LPA Final Acceptance Report Job Name: Date: Job No: FAP No: County: Route: Contractor: Date Work Began: Date Work Completed: Attendees: Remarks: Project Completed in Substantial Compliance with Plans and Specifications and Recommended for Final Acceptance by Sponsor Recommended for Acceptance in Accordance with Project Agreement Engineer ARDOT Resident Engineer Project Recommended for Acceptance Designated Full-time Employee: I certify that the Contractor and/or subcontractor(s) have complied with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements; that the project has been completed by the Contractor in accordance with the plans and specifications; that the Contractor has been paid for this work, and the project is hereby accepted. SPONSOR's CEO 1/28/2021 Form LPA-017 Page 1 of 2 2 CFR Part 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D - Post Federal Award Requirements Record Retention and Access §200.334 Retention requirements for records. Financial records, supporting documents, statistical records, and all other non -Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass -through entity in the case of a subrecipient. Federal awarding agencies and pass -through entities must not impose any other record retention requirements upon non - Federal entities. The only exceptions are the following: (a) If any litigation, claim, or audit is started before the expiration of the 3 -year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (b) When the non -Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass - through entity to extend the retention period. (c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (d) When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 3 -year retention requirement is not applicable to the non -Federal entity. (e) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. (f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass -through entity) to form the basis for negotiation of the rate, then the 3 -year retention period for its supporting records starts from the date of such submission. (2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass -through entity) for negotiation purposes, then the 3 -year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. §200.335 Requests for transfer of records. The Federal awarding agency must request transfer of certain records to its custody from the non - Federal entity when it determines that the records possess long-term retention value. However, in order to avoid duplicate recordkeeping, the Federal awarding agency may make arrangements for the non -Federal entity to retain any records that are continuously needed for joint use. §200.336 Methods for collection, transmission, and storage of information. The Federal awarding agency and the non -Federal entity should, whenever practicable, collect, transmit, and store Federal award -related information in open and machine-readable formats rather than in closed formats or on paper in accordance with applicable legislative requirements. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding agency or pass -through entity must always provide or accept paper versions of Federal award -related information to and from the non - Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass - through entity must not require more than an original and two copies. When original records are 1/28/2021 2 CFR Part 200 Form LPA-017 Page 2 of 2 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. Lore, lordax Name (Sponsor's CEO) Form LPA-019 Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to https://www.fsrs.gov/) FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. A Prime Grant Recipient (Arkansas Department of Transportation (hereinafter called ARDOT)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of Management and Budget guidance issued August 27, 2010. ARDOT is required to file a FFATA sub -award report for any sub -grant awarded to a sub-awardee greater than or equal to $25,000. As a sub-awardee, information to ARDOT in order to fulfill FFATA reporting requirements: shall provide the following � A Unique Entity Identifier (UEI) of the sub-awardee receiving the award and the parent entity of the recipient, should the sub-awardee be owned by another entity; � The names and total compensation of the five most highly compensated officers of the sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to information about the compensation of the senior executives of the sub-awardee through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). Page 1 of 2 Form LPA-019 Required Sub-Awardee Information (A) Sub-Awardee UEI: UEI Expiration Date: Parent (if applicable) UEI: UEI Expiration Date: (B) In the preceding completed Federal fiscal year, did your business or organization (the legal entity to which the UEI number entered above belongs) receive (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Yes No If "Yes" is selected, answer (C). (C) Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which the UEI entered above belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes No If "Yes" is selected, visit http://www.sec.govledgar.shtml for reference. If "No" is selected, answer (D). (D) If "No" was selected in Question "C", complete the following information for the five (5) most highly compensated executives in your business or organization (the legal entity to which the UEI entered above belongs). Amount should reflect the Total Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars. Sub-Awardee Names and Compensation of Most Highly Compensated Officers Name: Amount: $ 2. Name: Amount: $ Name: Amount: $ 4. Name: Amount: $ Name: Amount: $ Page 2 of 2 Form LPA-020 LPA Project Quarterly Report Form Date: Job No.: Job Name: F.A.P.: Funding Program: Year: Quarter: Sponsor: Submitted By: Sponsor Phone: Sponsor Email: vrogress Report: CURRENT PROJECT STATUS Construction Plans: ❑ 30% ❑ 60% ❑ 90% ❑ Final Environmental All Permits Received I Final Clearance Clearance: ❑ ARDOT to Handle ❑ Preliminary ❑ Partially Complete ❑ ❑ Date: Date: ROW Plans Approved Acquisition Documents ❑ No Acquisition Needed ❑ ROW Plans in Progress ❑ ❑ Approved Right of Way Date: Date: Acquisition: Acquisition Complete Right of Way Certification Submitted ❑ Acquisition Underway ❑ ❑ Conditional ❑ Final Date: Date: Utility Utility Relocation y Relo Relocation Plans Prepared Relocation Complete Relocation: Necessary ❑ Not a ❑ ❑ Relocation Underway ❑ Date: Date: Authority to Request Submitted ARDOT Approval Received Bid Opening Advertise: ❑ Date: ❑ Date: Date: Concurrence Request Submitted ARDOT Approval Received Contract Executed in Award: ❑ Date: ❑ Date: ❑ Date: Progress (%) Estimated Completion Project Completed Construction: ❑ 0% Date: Date: ARDOT Contact: Rev. 10-2-2023 CHANGE ORDER FORM Form LPA-022 ARDOT JOB NO.: JOB NAME: OWNER: CONTRACTOR: UL5GKIP I IUN UI- GNANGL JU5I II-IGA I IUN I KLASUN I -UK ITEM NO. ITEM F.A.P. No.: SUMMARY UNIT UNIT I PRICE CHANGE ORDER NO.: DATE PREPARED: PRESENT QUANTITY AMOUNT TOTALS: $ - PREPARED BY: REVISED QUANTITY AMOUNT 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] Signature Date OWNER: [INSERT OWNER NAME HERE] Signature Date $ CONTRACTOR: [INSERT CONTRACTOR NAME HERE] Signature Date ARDOT RESIDENT ENGINEER CONCURS Signature Date ARDOT LOCAL PROGRAMS APPROVES Signature Date Prepared by ARDOT Page 2 of 2 Revised: 8/10/2023 Form LPA-029 Title VI Requirements and Responsibilities Title VI of the Civil Rights Act of 1964, prohibits discrimination based upon race, color, and national origin. Specifically, 42 USC 2000d states that "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." ARDOT is a recipient of federal funds from the U.S. Department of Transportation modal agencies, including the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA). All recipients/subrecipients of federal funding must comply with the requirements of Title VI of the Civil Rights Act of 1964 and other nondiscrimination statues, regulation, and authorities. Therefore, the sponsor (subrecipient) must also comply with the requirements of Title VI and its responsibilities. Upon receipt of ARDOT reimbursement, the subrecipient will be required to establish Title VI compliance. ARDOT's Title VI Coordinator or designee will contact the subrecipient to request the following information: • Name of designated Title VI/ADA/Section 504 Coordinator • Notice of Nondiscrimination • Complaint Procedure and Process • Complaint Form • Standard USDOT Title VI/Non-Discrimination Assurances o Must be signed annually by highest ranking official The Title VI Coordinator or designee will assist the subrecipient in establishing the information as needed. For further information or inquiries, please contact the Civil Rights Division at 501-569-2299. =r i � �• Nt4i18:. •A•� C 8 i Y i r' 4 I 1 ia*t. i'V', Job 040967 Rupple Rd. Trail Lighting (Fayetteville) (S) U ARKANSAS DEPARTMENT OF TRANSPORTATION Washington County 0 375 750 1,500 Feet 9/10/2025 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ N/A Project Number Budget Impact: N/A Fund N/AN/A Account Number Project Title City of Fayetteville Staff Review Form 2025-0766 Item ID N/A City Council Meeting Date - Agenda Item Only Staff requests the Mayor’s signature on the supplement to the Agreement letter between the City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation for Job 040967 Rupple Rd. Trail Lighting. N/A for Non-Agenda Item Action Recommendation: Submitted By Matt Mihalevich ENGINEERING (621) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #288-24 Approval Date:12/4/2024 Original Contract Number: TO: Mayor THRU: Keith Macedo, Chief of Staff Chris Brown, Public Works Director FROM: Matt Mihalevich, Active Transportation Manager DATE: September 10th, 2025 SUBJECT: 2025-0766 – ARDOT Supplemental Agreement Letter – Rupple Trail Lighting RECOMMENDATION: Staff requests the Mayor’s signature on the supplement to the Agreement letter between the City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation for Job 040967 Rupple Rd. Trail Lighting. BACKGROUND: The City of Fayetteville has received a total of $815,193.00 in federal-aid funding from the Arkansas Department of Transportation through the Northwest Arkansas Regional Planning Commission – Carbon Reduction Program for the installation of lighting along Rupple Road from Hwy 62 (MLK Jr. Blvd.) to Persimmon Street. The funding was awarded in two funding cycles: · June 2024: $315,193 (recognized by resolution 288-24) · June 2025: $500,000 Resolution 288-24 recognized the original $315,193 grant award and approved the Agreement of understanding with ARDOT. The attached letter is a supplemental Agreement letter for the additional $500,000 in Federal aid funding. DISCUSSION: Resolution 288-24 authorizes the Mayor to sign the attached tri-party Agreement letter between the City, the Northwest Arkansas Regional Planning Commission, and the Department of Transportation that will constitute the second supplement to the Agreement. BUDGET/STAFF IMPACT: None Attachments: 040967 CRP AOU letter – Rupple Trail Lighting $500k – NWARPC Signed Res. 271-23 and Res. 288-24 page