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HomeMy WebLinkAbout96-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 96-25 File Number: 2025-369 CRAFTON TULL & ASSOCIATES, INC. (SERVICE CONTRACT): A RESOLUTION TO AWARD RFQ #25-01, SELECTION #4 AND AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH CRAFTON, TULL & ASSOCIATES, INC. IN THE AMOUNT OF $227,315.00 FOR THE DESIGN OF THE WHITE RIVER TRAIL AT RIVER COMMONS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on July 22, 2024, the EPA announced that the Tri-Region Arkansas Coalition was selected for a $99,999,999.00 Climate Pollution Reduction Grant award for its `Energy and Environment Innovation for the Natural State" proposal and Northwest Arkansas is expected to receive $36.25 million to implement each region's Energy and Environment Innovation Priority Action Plan; and WHEREAS, on November 19, 2024, the City Council passed Resolution 279-24 that authorized the Mayor to accept and enter into a subaward grant agreement with the Arkansas Tri-Region Energy and Environment Innovation Coalition to utilize $2,598,800.00 over five years to design and construct approximately 10,000 feet of the White River Trail at River Commons. 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 awards RFQ #25-05 and authorizes Mayor Rawn to sign a professional engineering services contract with Crafton, Tull & Associates, Inc. in the amount of $227,315.00 for the design of the White River Trail at River Commons, and further approves a project contingency in the amount of $30,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, to recognize $2,598,800.00 in revenue from the Climate Pollution Reduction Grant. Page 1 Resolution: 96-25 File Number. 2025-369 PASSED and APPROVED on April 15, 2025 Approved: Attest: \I Y rIlFv, . I Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 15, 2025 CITY COUNCIL MEMO TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Chris Brown, Public Works Director FROM: Matt Mihalevich, Active Transportation Manager SUBJECT: CRAFTON, TULL & ASSOCIATES, INC. (SERVICE CONTRACT): RECOMMENDATION: 2025-369 Staff recommends approval of a contract in the amount of $227,315.00 with Crafton, Tull & Associates, Inc. per RFQ 25-01, selection #4 to provide professional services for the design of the White River Trail at River Commons, approval of $30,000.00 in project contingency, and approval of a budget adjustment to recognize $2,598,800.00 in revenue from the Climate Pollution Reduction Grant through the Arkansas Tri-Region Energy and Environment Innovation Coalition. BACKGROUND: On July 22nd, 2024, the Environmental Protection Agency (EPA) announced that the Tri-Region Arkansas Coalition was selected for a $99,999,999 Climate Pollution Reduction Grant (CPRG) award for its "Energy and Environment Innovation for the Natural State" proposal. Northwest Arkansas is expected to receive $36.25 million of the $99,999,999 million in CPRG funding awarded by the Environmental Protection Agency to the Arkansas Tri-Region Coalition to implement each region's Energy and Environment Innovation Priority Action Plan. On November 19th, 2024, Resolution 279-24 authorized the City of Fayetteville to accept and enter into a subaward grant agreement with the Arkansas Tri-Region Energy and Environment Innovation Coalition to utilize sub awarded funds for EPA climate pollution reduction grant project implementation. The Coalition will subaward $2,598,800 over five years to the City of Fayetteville to design and construct approximately 10,000 feet of the White River Trail at River Commons. DISCUSSION: The City of Fayetteville is responsible for the following tasks for the White River Trail: • Procure contractors for the design and construction of the White River Trail at River Commons • Procure professional services to conduct assessments to meet federal requirements for trail construction • Coordinate with WCRC on implementation of city restoration measures • Provide reporting on projects to NWARPC and Metroplan Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Crafton Tull and associates was selected by RFQ 25-01, selection #4 as the design engineer for the White River Trail at River Commons. City staff toured the trail corridor with Crafton Tull and WCRC and agreed on a preliminary alignment. Crafton Tull developed the attached proposal and contract based on the trail alignment and design scope of work discussed during the on -site meetings. BUDGET/STAFF IMPACT: Federal funding will go directly to the sub awardees and partners for the projects and there is no matching requirement. The City of Fayetteville will be responsible for managing the $2,598,800 in Federal funding for the White River Trail design and construction. ATTACHMENTS: SRF (#3) , BA (#4), White River Greenway Concept Plan (#5), CTA Proposal - White River Trail River Commons Connection - Signed (#6), 279-24 Resolution (#7), Fayetteville River Commons Sub Recipient Agreement - Fully Executed (#8), NWA Green Network Budget Summary - Subrecipients (#9), EPA Award Document (#10), RFQ 25-01, Selection 4 - Final Vote (#11) 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 #: 2025-369 CRAFTON, TULL & ASSOCIATES, INC. (SERVICE CONTRACT): A RESOLUTION TO AWARD RFQ #25-01, SELECTION #4 AND AUTHORIZE A PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH CRAFTON, TULL & ASSOCIATES, INC. IN THE AMOUNT OF $227,315.00 FOR THE DESIGN OF THE WHITE RIVER TRAIL AT RIVER COMMONS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on July 22, 2024, the EPA announced that the Tri-Region Arkansas Coalition was selected for a $99,999,999.00 Climate Pollution Reduction Grant award for its "Energy and Environment Innovation for the Natural State" proposal and Northwest Arkansas is expected to receive $36.25 million to implement each region's Energy and Environment Innovation Priority Action Plan; and WHEREAS, on November 19, 2024, the City Council passed Resolution 279-24 that authorized the Mayor to accept and enter into a subaward grant agreement with the Arkansas Tri-Region Energy and Environment Innovation Coalition to utilize $2,598,800.00 over five years to design and construct approximately 10,000 feet of the White River Trail at River Commons. 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 awards RFQ #25-05 and authorizes Mayor Rawn to sign a professional engineering services contract with Crafton, Tull & Associates, Inc. in the amount of $227,315.00 for the design of the White River Trail at River Commons, and further approves a project contingency in the amount of $30,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, to recognize $2,598,800.00 in revenue from the Climate Pollution Reduction Grant. Page 1 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2025-369 Item ID 4/15/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/20/2025 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract in the amount of $227,315.00 with Crafton, Tull & Associates, Inc. per RFQ 25-01, selection #4 to provide professional services for the design of the White River Trail at River Commons, approval of $30,000.00 in project contingency, and approval of a budget adjustment to recognize $2,598,800.00 in revenue from the Climate Pollution Reduction Grant through the Arkansas Tri-Region Energy and Environment Innovation Coalition. Budget Impact: 2230.900.8009-5860.02 Special Grants Account Number Fund Climate Pollution Reduction Grant - 32501.2501 White River Trail Project Number Budgeted Item? No Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Item Cost includes contingency. Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 257,315.00 $ 2,598,800.00 2,341,485.00 V20221130 Previous Ordinance or Resolution # 279-24 Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number ENGINEERING (621) /Org2 2025 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a contract in the amount of $227,315.00 with Crafton, Tull & Associates, Inc. per RFQ 25-01, selection #4 to provide professional services for the design of the White River Trail at River Commons, approval of $30,000.00 in project contingency, and approval of a budget adjustment to recognize $2,598,800 in revenue from the Climate Pollution Reduction Grant through the Arkansas Tri-Region Coalition. COUNCIL DATE: ITEM ID#: 4/15/2025 2025-369 Holly Black 312712025 7.50 RM RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 2,598,800 2,598,800 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2025311 Account Name 2230.900.8009-4309.00 - 2,598,800 32501 2501 RE Federal Grants - Capital 2230.900.8009-5860.02 2230.900.8009-5911.99 227,315 - 30,000 - 32501 32501 2501 EX 2501 EX Capital Prof Svcs - Engineering/Architecture Contingency - Capital Project 2230.900.8009-5899.00 2,341,485 - 32501 2501 EX Unallocated - Budget 1 of 1 POSED 14 FOOT PAVED _ SHARED " fiMii 41 DRIVE/TRAIL l I� PROPOS D RRFB RAISED { • r r; PJ I a. i �: ,.COLORED —;1 y ryes r �- � CONCRETE PROPOSED 5 _p �� : t a +h CROSSWALK FOOT WIDE 9ru a ti is v r k GRAVEL TRAIL } TRAIL ON BRIDGE _n WITH SEPARATION BARRIER ? f PROPOSED RRFB RAISED * -0LORED CONCRETE CROSSWALK N0 PROPOSED Z 12,397 LINEAR FEET OF 12 FOOT WIDE CONCRETE r TRAIL -4� .. ,m ✓M • " PROPOSED 130 LF BRIDGE - T. HALL BYPASS • 9�}1¢t TRUST ALL BYPASS UST" COMBS PARK � 5% SLOPE WITH CULVERT a 'All Au W. a �, fir, a"� Y^• �1 4 March 5th 2025 NOTE: —Y °F White River Greenwa TRAIL ALIGNMENT SHOWN FAYETTEVILLE IS CONCEPTUAL AND ARKANSAS Proposed CPRG Trail Improvements —2.38 Miles SUBJECT TO CHANGE AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And CRAFTON, TULL & ASSOCIATES, INC. THIS AGREEMENT is made as of April 15 , 2025, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and _Crafton, Tull & Associates, Inc. with offices located in — Arkansas (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of the White River Trail River Commons Connection (The "Project"). Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1- AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional design services in connection with the Project as hereinafter stated, which shall include normal civil engineering and survey services. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendices A1, A2, A3, & A4 attached hereto and made part of this Agreement. 2.1.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. White River Trail River Commons Connection A — 1 022403 SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILE shall, within a reasonable time, so as not to delay the services of the ENGINEER: 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Guarantee access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Exhibit D. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The CITY OF FAYETTEVILLE shall compensate the ENGINEER based on an hourly NTE basis described in Exhibit B. 5.1.1 The maximum not -to -exceed amount authorized for all Architectural and Civil design for as described in Exhibits Al, A2, A3, & A4 of this Agreement is $224,340, not including reimbursable expenses. Compensation for reimbursable expenses is estimated to be $2,975. Payment for a specific phase shall not exceed the scheduled amount prior to completion of that phase. Underruns in one phase may be used to offset overruns in another phase as long as the contract amount is not exceeded. White River Trail River Commons Connection A — 2 022403 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: White River Trail River Commons Connection A — 3 022403 Tyne of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. ENGINEER agrees not to seek or accept any compensation or reimbursements from the City of Fayetteville for engineering work it performs to correct any errors, omissions or other deficiencies caused by ENGINEER `s failure to meet customarily accepted professional engineering practices. CITY OF FAYETTEVILLE retains all other remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic White River Trail River Commons Connection A — 4 022403 conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. White River Trail River Commons Connection A — 5 022403 6.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 7.5.4 of this clause. 6.6 Delays In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. 6.7 Rights and Benefits ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 7.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either parry to a court of proper jurisdiction, until the procedures in Paragraphs 7.8.3 and 7.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; White River Trail River Commons Connection A — 6 022403 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 7.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property White River Trail River Commons Connection A — 7 022403 developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 300 North College, Suite 317 Fayetteville, Arkansas 72701 6.14 Successor and Assigns CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. White River Trail River Commons Connection A — 8 022403 SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER: 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 8.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. White River Trail River Commons Connection A — 9 022403 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, the State or EPA in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. White River Trail River Commons Connection A — 10 022403 7.6 Arkansas Freedom of Information Act City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS ENGINEER By: By: Molly Rawn, Mayor Lucas Jost, PE, Vice resident ATTEST: JERK/Tq '��yh'GTON GJp" By: City Clerk Treasurer END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES White River Trail River Commons Connection A — 11 022403 0 Grafton Tull Exhibit "Al" Scope of Basic Services For: Project: White River Trail River Commons Connection Client: City of Fayetteville Location of Project: Dead Horse Mtn. Road, Fayetteville, AR Discipline: Surveying Discipline Manager: James W. Montgomery, PLS Project Manager: Luke Jost, PE Proposal Date: March 21, 2025 Billing Type: Hourly with a Maximum/Reimbursable Expenses per Exhibit B, the Standard Fee Schedule Fee/Estimate: Estimated $15,500.00 + Expenses $650.00± title, locates and mi Description of the Construction Project: Provided a Limited Design Survey that will include a profile with x- sections, mapping planimetric features, easement description with exhibit for the Hall Bypass Trust parcel, and other instructions as noted on the attached hereto Exhibit C, compiling the fieldwork with the existing City of Fayetteville 1-foot contours, to support the trail improvements engineering design. • A title company will provide a title search for plats, deeds & easements that may affect this property. This service applies only to the Hall Bypass Trust parcel. • We will mark the site and request a Utility 1-Call System underground utility line locate for the area along Dead Horse Mtn. Rd. only. • Our survey crew will set permanent survey control monuments (2) on the site that will be tied to the city coordinate and elevation datum to which all survey data for this project will be referenced. • We will establish the property boundary for the Hall Bypass Trust parcel to serve as the basis for the proposed project easement description with exhibit. All other property boundary lines, the Watershed Conservation Resource Center parcel(s), will be approximate for reference only, based on the City of Fayetteville's GIS. • We will provide a topographic survey, a profile at 100-foot intervals with x-sections 25-feet left and right of centerline along the proposed route or as directed on the attached hereto Exhibit C, the project area, including the mapping of planimetric features (e.g. roadway, bridge, etc.). • We will locate all visible utility lines on the project area site and those as marked by the utility 1-Call System, and will include the sizes & flow lines of drainage inlets and pipes, and sewer manhole tops & inverts. • We will prepare a base survey drawing of the fieldwork data collection complied with the existing City of Fayetteville 1-foot contours, which will be used for engineering design purposes, along with an easement description with exhibit for the Hall Bypass Trust acquisition. Scope of Basic Services does NOT include the following: • Tree surveys. • Easement dedication plat, easement documents, tract split plats, or similar type plats as may be required by the governing agency for approval of this project, unless noted otherwise above. • Surveys and plats of the property for financing, sales, or for purposes other than as previously described, such as an ALTA or as -built survey. www.craftontull.com �,7 Grafton Tull • Surveys of offsite utility, street or drainage improvements not within the project area. • Surveys for environmental studies, including wetland delineation. • Surveys for flood data or studies for Corps of Engineer, FEMA or other special government agency permitting. • Surveys for location of geotechnical soil borings or pits. • Surveying related to construction services or construction staking. Note: Services listed can be provided for additional fee. Items Provided by City: • City GIS information to support the engineering design in DWG format (e.g. 1-ft contours). • Any existing boundary and topographic survey plats of the property that are in their possession. • Disclosure of known boundary disputes, possible encroachments, and gaps or overlaps with adjoining properties. • Disclosure of known buried tanks or environmental concerns within the proposed improvement site area that will be required to be shown on the survey. • Access for our survey crew personnel to enter the property to conduct the surveys. This is the scope of services for the Project. Should there be additions to this scope of services, those services shall be compensated for additional fee. www.craftontull.com a C� Crafton Tull ® architecture I engineering I surveying Exhibit "AT' Scope of Environmental Services For: Project: White River Trail River Commons Connection Client: City of Fayetteville Location of Project: Dead Horse Mtn. Road, Fayetteville, AR Discipline: Environmental Discipline Manager: David Ru e Project Manager: Luke Jost, PE Proposal Date: March 20, 2025 Billing Type: Hourly with a Maximum/Reimbursable Expenses Fee: $ 6,500 Estimated hourly total for WOTUS Delineation $ 3,500 Estimated hourly total for Nationwide permit application $ 500 Estimated hourly total for Threatened and Endangered species $10,330 Phase I Cultural Study (subconsultant) $20,830 Total 825 Estimated reimbursements STAA fees Description of the Wetland delineation, Section 404 nationwide permitting, Threatened and Construction Project: Endangered Species Assessment, and Cultural Resources Study on an approximately 2.4-mile pedestrian trail site located west of Dead Horse Mtn. Road. The services to be provided by the Engineer: • Waters of the U.S. Delineation and Report on a proposed trail extending approximately 2.4 miles. • U.S. Army Corps of Engineers (USACE) Nationwide Permit Application (Section 404) and Coordination • ADEQ Short -Term Activity Authorization (STAA) Permit Application and Coordination • Threatened and Endangered Species Desktop Review • Phase 1 Cultural Resources Survey (performed by subconsultant) Scope of Basic Services does NOT Include the Following: • USACE Jurisdictional Determination Request and Coordination • Biological and/or Habitat Assessments/Surveys • USACE Standard Permit Application and Coordination • Geotechnical Investigation • Construction oversight and due diligence • Bat survey, if required (provided by subconsultant) • Phase 1 Environmental Site Assessment Note: Services listed can be provided for an additional fee. Items to be provided by Owner: • Site access This is the scope of services for the Project. Should there be additions to this scope of services, those services shall be compensated for an additional fee. www.craftontull.com Crafton Tu II ® architecture I engineering I surveying Exhibit "AT' Civil Scope of Basic Services for: Project: White River Trail River Commons Connection Client: City of Fayetteville Location of Project: Dead Horse Mtn. Road, Fayetteville, AR Discipline: Civil Engineering Discipline Manager: Luke Jost, P.E. Project Manager: Luke Jost, P.E. Proposal Date: March 21, 2025 Billing Type: Hourly with a Maximum/Reimbursable Expenses Fee/Estimate: Civil Design Construction Administration Geotechnical Subconsultant (GTS) Reimbursable Expenses (Estimated) $97,910 $41,900 $5,200 $1,500 TOTAL: $146,075 Description of the Construction Project: Design of approximately 2.38 miles of 12-foot-wide concrete trail along the east and south sides of the White River from the St. Paul Trail to and along Dead House Mountain Road see anticipated alignment Exhibit C . Project scope: Design of approximately 12,500 linear feet (2.38 miles) of 12-foot-wide concrete trail along the east and south sides of the White River from the St. Paul Trail to and along the Dead Horse Mountain Road. Tabled/raised pedestrian crossings are anticipated in two locations along Dead Horse Mountain Road. A 14-wide, 80' long prefabricated pedestrian bridge is anticipated where the trail crosses from the Hall Trust Property to the WCRC property. A 14-foot wide trail/access to the WCRC with 5-6' wide soft surface trail connections across the WCRC property as shown on the attached Exhibit C. The design firm will provide flood analyses to determine the trail does not create a rise in the base flood elevation. Any crossing drainage structures are to be sized for the 10-year design storm. The proposed project will include required topographic and boundary surveys, pipe sizing, hydraulic studies, corps of engineers permitting (if work is necessary in their jurisdiction), federal funding environmental documentation approval, trail design & engineering, RRFB crosswalk design, bid ready construction plans and specifications, and bidding assistance. Detailed services to be provided by the Engineer: Preliminary Design Phase (30%): • Prepare Preliminary Plans (Title, Typical Section, Plan & Profile Sheets, Cross Sections) • Meet with City and stakeholders to finalize route • Utility coordination • Prepare a preliminary cost estimate • Submit plans to owner for review 60% Design Phase: • Finalize trail geometrics based on 30% review comments • Design of drainage structures as required • Hydraulic analysis of the White River • Utility coordination Drawing Set to include: o Cover sheet o Plan & profile sheets o Signing & Striping plans o Typical Section o Cross sections o Standard Details Update construction cost estimate Submit plans to owner for review Meet with City and stakeholders to finalize route 90% Design Phase: • Revise plans based on comments to the 60% design submittal • Pre -final design of trail and drainage improvements • Final Hydraulic analysis of Skull Creek & Tributary w/ Drainage Crossings • Prepare the following construction drawings: o Cover Sheet o Plan & profile sheets o Typical section sheets o Cross sections o Erosion control plans o Bridge plans o Signing & striping plans o Notes and Standard & Special Details • Updated construction cost estimate • Submit plans to owner for review Final Design Phase • Finalize plans based on comments to the 90% design submittal • Finalize design of trail and drainage improvements • Hydraulic analysis and no -rise certificate • Prepare storm water pollution prevention plan (SWPPP) • Submit final plans to City for review and approval • Submit permit applications to ADEQ and USACE (if required) • Update construction cost estimate • Prepare project specifications Bidding and Contract Negotiation Phase • Answer bidder's questions and issue addenda • Recommend Contractor to Owner • Bid documents prepared and issued to bidders • Receive bids and tabulate results Construction Administration Phase (assume 180 days): • Answer City staff questions • Construction Observation • Final inspection & project close-out Geotechnical (provided by subcontractor - GTS) • Assumes 2 borings at bridge area to a depth of 10-15' www.craftontull.com Items Provided by City: • Site access • Construction materials testing • Acquisition of Right of Way and Easements • Coordination with Watershed Conservation Resource Center Staff END SCOPE OF SERVICES THIS CONTRACT This is the scope of services for the Project. Should there be additions to this scope of services, those services shall be compensated for additional fee. Additional Items that can be provided by CTA under amendment or separate contract: • ROW/Easement Acquisition Services • Retaining wall design • FEMA applications/Coordination including CLOMR/LOMR process www.craftontull.com a C� Crafton Tull ® architecture I engineering I surveying Exhibit A4 Scope of Basic Services For Bridge Design Project: White River Trail River Commons Connection Client: City of Fayetteville Location of Project: Dead Horse Mtn. Road, Fayetteville, AR Discipline: Bridge Discipline Manager: Chuck Wipf Project Manager: Luke Jost Proposal Date: 03/18/2025 Billing Type: Hourly with a Maximum/Reimbursable expenses Fee/Estimate: $43, 000 Description of the Construction Project: Modification of Existing Bridge No. 04905 for a proposed side path. 1. Preliminary Bridge Design a. Manage bridge portion of project. b. Meet with the Client to gather information. c. Prepare and submit design criteria document. d. Request and coordinate with survey. e. Determine new bridge typical section based on the following: 1) Existing bridge plans. 2) Existing bridge inspection reports. 3) 12'-0" minimum clear trail width. 4) 11'-0" travel lanes. 5) 2'-0" minimum shy distance to barriers. 6) 3'-0" tall barrier between trail and travel lanes. 7) H5 service vehicle live loading on trail. 8) No utilities. 9) No lighting. f. Prepare preliminary bridge plans including: 1) One (1) Bridge Layout. 2) One (1) Bridge Typical Section. g. Prepare preliminary bridge construction cost estimate. h. Perform in-house quality control. i. Submit preliminary bridge plans to the Client for review. j. Meet with the Client at the project site to discuss review comments. k. Revise preliminary plans based on reviewer comments. 2. Final Bridge Design a. Prepare bridge design calculations to analyze the existing bridge superstructure and substructure for the following additional loads. 1) Additional barrier between trail and travel lanes. TL-2 for 45 mph or less. 2) Additional pedestrian load (PL) and vehicle load (H5). b. Prepare detailed bridge modification plans. c. Prepare bridge construction specifications. References shall be made to ARDOT Standard Specifications for Highway Construction (2014 edition). d. Prepare bridge bid quantities. e. Prepare bridge construction cost estimate. f. Perform in-house quality control. g. Submit final bridge plans to the Client for review. www.craftontull.com a C� Crafton Tull ° architecture I engineering I surveying h. Meet with the Client at the project site to discuss review comments. i. Revise plans based on reviewer comments. 3. Plans, Specifications, and Estimate a. Prepare final plans, specifications, and construction cost estimate for letting purposes. b. Perform in-house quality control. c. Submit final bridge plans to the Client for letting. d. All bridge plans shall be prepared in Microstation format. e. All bridge submittals shall be hard copy only. 4. Letting a. Respond to bidder RFI's. b. Issue addenda, if needed. 5. The Scope of Services for Bridge Design does NOT include the following: a. Utility relocation. b. Right-of-way. c. Permitting. d. Geotechnical engineering. e. Hydraulic analysis. f. Aesthetic features. g. Letting administration, other than listed above. h. Construction administration. i. Hiring materials testing company. This is the scope of services for Bridge Design. Should there be additions to this scope of services, those services shall be compensated for an additional fee. www.craftontull.com 2 of 2 C�� Crafton Tull Exhibit "B" Standard Hourly Rate Schedule Effective January 1, 2025 Hourly Category Rate CIVIL ENGINEERING ENGINEERING PRINCIPAL ............................ $ 260 SR. ENGINEERING MANAGER ....................... $ 230 ENGINEERING MANAGER ............................. $ 195 SR. PROJECT ENGINEER ............................. $ 170 PROJECT ENGINEER ................................... $ 155 ENGINEER INTERN III ................................... $ 140 ENGINEER INTERN II ................................... $ 130 ENGINEER INTERN I .................................... $ 120 SR. ENGINEERING DESIGNER ...................... $ 165 ENGINEERING DESIGNER III ......................... $ 130 ENGINEERING DESIGNER II .......................... $ 110 ENGINEERING DESIGNER I .......................... $ 100 ENGINEERING CAD TECHNICIAN III ............... $ 90 ENGINEERING CAD TECHNICIAN II ................ $ 80 ENGINEERING CAD TECHNICIAN I ................. $ 70 ENVIRONMENTAL ENVIRONMENTAL MANAGER ........................ $ 210 SR. ENVIRONMENTAL SCIENTIST ................. $ 150 PROJECT ENVIRONMENTAL SCIENTIST ........ $ 120 ENVIRONMENTAL SCIENTIST II ..................... $ 100 ENVIRONMENTAL SCIENTIST I ...................... $ 80 ENVIRONMENTAL FIELD TECHNICIAN ........... $ 65 INSPECTION SR. INSPECTOR .......................................... $ 115 INSPECTOR II .............................................. $ 100 INSPECTOR I .............................................. $ 80 LANDSCAPE ARCHITECTURE LANDSCAPE ARCHITECTURE MANAGER ....... $ 190 SR. LANDSCAPE ARCHITECT ........................ $ 170 PROJECT LANDSCAPE ARCHITECT ............... $ 130 LANDSCAPE DESIGNER II ............................ $ 110 LANDSCAPE DESIGNER I ............................ $ 95 LANDSCAPE DESIGN INTERN ....................... $ 85 ADMINISTRATIVE ADMINISTRATIVE PRINCIPAL ........................ $ 225 ADMINISTRATIVE MANAGER ......................... $ 170 ADMINISTRATIVE IV ..................................... $ 115 ADMINISTRATIVE III ..................................... $ 90 ADMINISTRATIVE II ...................................... $ 70 ADMINISTRATIVE I ....................................... $ 55 Hourly Category Rate SR. PLANNING MANAGER ............................ $ 220 PLANNING MANAGER .................................. $ 210 SR. PLANNER ............................................. $ 190 PROJECT PLANNER .................................... $ 130 PLANNER III ................................................ $ 120 PLANNER II ................................................. $ 110 PLANNER I .................................................. $ 100 SURVEYING SURVEYING PRINCIPAL ............................... $ 240 SR. SURVEYING MANAGER .......................... $ 205 SURVEYING MANAGER ................................ $ 180 SR. PROJECT SURVEYOR ............................ $ 160 PROJECT SURVEYOR .................................. $ 140 SURVEYOR INTERN II .................................. $ 125 SURVEYOR INTERN I ................................... $ 110 SURVEY COORDINATOR .............................. $ 120 CREW CHIEF II ............................................ $ 110 CREW CHIEF I ............................................. $ 95 FIELD SURVEYOR III .................................... $ 85 FIELD SURVEYOR II ..................................... $ 75 FIELD SURVEYOR I ...................................... $ 65 SURVEY CAD TECHNICIAN III ........................ $ 105 SURVEY CAD TECHNICIAN II ........................ $ 85 SURVEY CAD TECHNICIAN I ......................... UAV SERVICES $ 75 UAV TEAM LEAD .......................................... $ 125 UAV PILOT .................................................. $ 85 GEOGRAPHIC•' • SR. GIS MANAGER ....................................... $ 175 GIS MANAGER ............................................ $ 140 GIS ANALYST .............................................. $ 105 GIS TECHNICIAN II ....................................... $ 80 GIS TECHNICIAN I ....................................... $ 55 REIMBURSABLE EXPENSES GPS Equipment..........................................$35/Hour Robotic Survey Equipment...........................$20/Hour LiDAR Scanning Equipment ........................$35/Hour UAV....................................................$1000/Unit Job Related Mileage....................................$0.70/Mile Per Diem for Out of Town Crews..... Per GSA Allowable Airfare and other travel related expenses .......... At Cost Black and white 8.5"x11" Copies .............. $0.15/sheet Color 8.5"x11" Copies ............................ $1.50/sheet Photo Paper Color Plan Sheet Copies ...... $0.75/sq. ft. Reproducible Plan Copies (Vellum) ........... $1.50/sq. ft Reproducible Plan Copies (Bond) ............. $0.35/sq. ft. All rates are subject to change without notice. Exhibit C . it -W x. NIMPFF9 ` PROPOSED 14 FOOT PAVED _ 4 :r :fir -.- SHARED �:•-` ., . . ►t I' 6 -.DRIVE/TRAIL PROPOSED RRFB RAISEM'CO SERVATION RESOURCE CENTER, INC D ��� • ...r- F f`:i - COLORED CONCRETE 'PROPOSED5 CROSSWALK FOOT WIDE vow GRAVEL TRAIL get both sides of road/bridge. include 30' behind the fence in the highlighted areas TRAIL ON BRIDGE WITH SEPARATION , BARRIER �k PROPOSED RRFB ,., RAISED pr: COLORED CONCRETE - CROSSWALK 44 _ I rn PROPOSED Z 12,397 LINEAR /� y FEET OF 12 FOOT WIDE CONCRETE �g TRAIL lK `0 .- 41 ------------------- g fa • A ��� TN t''d �' 14iµ k 'r4 y��.. ` Levee... need to understand top and " k `r -, both toes re PROPOSED 130 LF BRIDGE —"— , '`! os'�y •�a' ",e •a th a to Off k� 1 pr r: ° .'�1 r .�, � ik t ., �. a .fir or.. `��! � ,� C ".. ♦J' H ,`" x ,r HALL BYPASS.'ip TRUST'. ALL BYPASS UST ,. I ; COMBS PARK rr • ,�:,,;..-;:+� All b 5%SLOPE f WITH CULVERT ,a . PAUL Qr.-- g w ►i ¢ # g-, ? -w---------- rr Eli d , r H�^r-�- ate- �. k �.v�, "� vt March 6th 202 NOTE: CITY OF White River Greenwa TRAIL ALIGNMENT SHOWN FAYETTEVILLE IS CONCEPTUAL AND Y ARKANSAS Proposed CPRG Trail Improvements - 2.38 Miles SUBJECT TO CHANGE Crafton Tu II ® architecture I engineering I surveying Exhibit "D" Anticipated Design Schedule • Notice to Proceed: April 2025 • Environmental & Survey: May & June 2025(8 weeks) • 30% Plans: July 2025 (4 weeks) o City Review (2 weeks) • 60% Plans: October 2025 (8 weeks) o City Review: 2 weeks • 90% Plans & Draft Contract docs: December 2025 (6 weeks) o City Review: 2 weeks • Bid Plans & Specifications: January 2026 (4 weeks) 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 279-24 File Number: 2024-724 CLIMATE POLLUTION REDUCTION GRANT (SUB AWARD GRANT AGREEMENT): A RESOLUTION TO AUTHORIZE THE CITY OF FAYETTEVILLE TO ACCEPT AND ENTER INTO A SUB AWARD GRANT AGREEMENT WITH THE ARKANSAS TRI-REGION ENERGY AND ENVIRONMENT INNOVATION COALITION TO UTILIZE SUB AWARDED FUNDS FOR EPA CLIMATE POLLUTION REDUCTION GRANT PROJECT IMPLEMENTATION; AND FOR OTHER PURPOSES WHEREAS, the Arkansas Tri-Region Energy and Environment Innovation Coalition ("the Coalition") has received an implementation grant from the environmental Protection Agency through the federal Climate Pollution Reduction Grant ("CPRG") Program for projects related to the River Commons White River Trail; and WHEREAS, the following projects were included in the Coalition's CPRG grant proposal with the support of the City of Fayetteville: River Commons Floodplain, Prairie, and Riparian Restoration and Trail Construction; and Town Branch Corridor Stream and Riparian Restoration; and WHEREAS, the Coalition desires to subaward a total of $99,999,999.00 over five (5) years to the City of Fayetteville to perform CPRG implementation activities that include the River Commons Floodplain, Prairie, and Riparian Restoration and Trail Construction; Town Branch Corridor Stream and Riparian Restoration; University of Arkansas Oak Knoll Wetland, Prairie, Forest, Stream, and Riparian Restoration; University of Arkansas Oak Ridge Hillside Prairie and Forest Restoration and Trail Construction; and University of Arkansas AR Research & Tech Park Floodplain, Prairie, and Forest Restoration; and WHEREAS, the City of Fayetteville recognizes the importance of the multi -use trail for the health and well-being of its residents and is committed to enhancing residents' quality of life through sustainable environmental practices; and WHEREAS, the City Council supports the City of Fayetteville's partnership with the Coalition and the EPA's goal to assist states, local governments, tribes, and territories to develop and implement plans for reducing greenhouse gas emissions and other harmful air pollution. 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 agrees to receive and account for all sub - awarded funding and project expenses. Mayor Jordan is hereby authorized to execute all appropriate agreements and contracts necessary to implement the above stated projects. Section 2: Mayor Jordan is hereby authorized to direct all funding and staff time necessary to meet project deliverables as agreed upon with the Coalition. Page 1 Resolution: 279-24 File Number: 2024-724 Section 3: Severability Provision: If any part of this Resolution is held invalid, the remainder of this Resolution shall continue in effect as if such invalid portion never existed. Section 4: Repeal of Conflicting Resolutions: All resolutions or orders of the City Council of the City of Fayetteville, or parts of resolutions or orders of the City Council, in conflict with this Resolution are repealed to the extent of such conflict. `� / TR11%, PASSED and APPROVED on November 19, 2024 = v: ••'�r" FAYETT EVILLE ; Attest: ' -9 ' q�'kgNSP`; • �b �,'i�N�TON11 0%``�� Deputy City Clerk Page 2 SUBRECIPIENT AGREEMENT River Commons Between Metroplan and Northwest Arkansas Regional Planning Commission and Watershed Conservation Resource Center and Northwest Arkansas Land Trust and The City of Fayetteville, AR, Subrecipient # CPRG-NWA-008 ENVIRONMENTAL PROTECTION AGENCY CLIMATE POLLUTION REDUCTION GRANT This Subrecipient Agreement ("Agreement") is entered into on this 23 day of December 2024 between Metroplan (the "Pass -through Entity" or "Metroplan"), the Northwest Arkansas Regional Planning Commission ("NWARPC"), and Watershed Conservation Resource Center ("WCRC") Northwest Arkansas Land Trust ("N WALT"), and the City of Fayetteville (the "City" and, together in partnership with WCRC and NWALT, collectively the "Subrecipient"). Relative to Implementation of public land restoration, stream restoration, land protection, and trail construction as described in Attachment A: Scope of Work/Deliverables attached hereto (hereafter referred to separately as a "Project" and, collectively, as the "Projects"). Recitals WHEREAS, Metroplan is the recipient of a United States Environmental Protection Agency (EPA) award entitled the Climate Pollution Reduction Grant (CPRG), which EPA provided for the planning and development of ambitious climate action and air pollution reduction plans and to implement measures from those plans, and for which the Subrecipient's match is 0%; and WHEREAS, the projects to be implemented pursuant to the terms of this Agreement were recommended by the Northwest Arkansas Regional Planning Commission (NWARPC) and applied for by the Arkansas Energy and Environment Innovation Tri-Region Coalition, which is comprised of Metroplan, NWARPC, and the City of Fort Smith; and WHEREAS, the Subrecipient has agreed to complete the Projects in accordance with this Agreement; and WHEREAS, the Subrecipient hereto accepts the specific responsibilities listed in Subrecipient's Initials: this Agreement to ensure the funding and completion of the Project; and WHEREAS, the Subrecipient has obtained all necessary approvals and authorizations to execute, deliver and perform this Agreement and to implement and complete the Projects; and WHEREAS, Metroplan will serve as the Pass -through Entity (grant administrator) for the federal dollars provided by CPRG funds and will report the progress and budget narrative to the CPRG Project Office; and WHEREAS, the Subrecipient has no knowledge of any legal impediments to the completion of the Projects. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, Metroplan and the Subrecipient agree as follows: AGREEMENT Section 1. General Information Section 2. Federal Requirements Section 3. Pass -through Entity Requirements Section 4. Subrecipient Requirements Section 5. Lead Agency and Project Manager Requirements Section 6. Right -of -Way and Land Protection Requirements Section 7. Land Restoration or Stream Restoration Requirements Section 8. Trail Construction Requirements Section 9. Metroplan Responsibilities Section 10. NWARPC Responsibilities SIGNATURES ADDENDA Attachment A. Scope of Work / Deliverables Attachment B. Approved Budget Attachment C. Monitoring Plan Attachment D. Flow Down Provisions Attachment E. ACORN Memo Attachment F. ACORN Declaration Attachment G. Equal Employment Opportunity Certification Form Attachment H. Certification Regarding Lobbying Attachment I. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Attachment J. Lead Agency Form (LPA-005) Attachment K. EPA Grant Agreement (02F75801) Subrecipient's Initials: 91 Section 1. General Information (see § 200.332) 1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE (UGG) 2 CFR §200.332: a) Subrecipient Name (must match the name associated with its Unique Entity Identifier): City of Fayetteville, Arkansas in partnership with WCRC and NWALT b) Subrecipient's Unique Entity Identifier (formerly known as DUNS number): City UEI: _FKCQRMDULFH9 WCRCUEI: XZILGWGULGJ6 NWALT UEI: C8FNPE76IJ78 c) Federal Award Identification Number (FAIN): 02F75801 d) EPAAward Date: October 16, 2024 e) Subaward Period of Performance Start and End Date: Subaward period of performance shall begin on ' t .:; '. `_,'. `_, 202". December 23, 2024 and end on August 31, 2029. f) Total Amount of Federal Funds Obligated Under the Initial Subaward: $4,254,743.00 g) Total Amount of Federal Funds Obligated to the Subrecipient: $4,254,743.00 h) Name of Federal Awarding Agency and Contact Information: U.S. EPA, Region 6, Grants Management Section ATTN: Silvana Palacios-Guberti, EPA Project Officer 1201 Elm Street, Suite 500, ARDPM Dallas, TX 75270-2102 Telephone: (800) 887-6063 Website: https://www.epa.gov/ Contact Information for Metroplan: Metroplan/Casey Covington ATTN: Leesa Freasier 501 W Markham, Ste B Little Rock, AR 72201-1409 Telephone: (501) 372-3300 Website: hups://metroplan.org Subrecipient's Initials: 4 Contact Information for the Subrecipient: WCRC ATTN: Sandi Formica Address: 380 W Rock St, Fayetteville, 72701 Telephone: (479) 444-1916 Website: www.watershedconservation.org i) Assistance Listings Number (formerly known as the CFDA#) and Title: 466.046 — Climate Pollution Reduction Grants See https://sam<>ov/fal/6ccff3d73583450ba88ccef4bee2l2l2/view j) This subaward is a program grant and not for Research and Development. k) Indirect Cost Rate: The subrecipient's indirect cost rate based on a Federally Negotiated Indirect Rate Agreement is 43.7% Section 2. Federal Law and Compliance Requirements COMPLIANCE WITH APPLICABLE LAWS: The Subrecipient shall perform all activities funded by this Agreement in accordance with all applicable federal, state, and local laws, including without limitation laws which regulate the use of funds allocated under EPA Region 6 Federal Award Identification Number (FAIN) 02F75801. The term "federal, state, and local laws" as used in this Agreement shall mean all applicable statutes, rules, regulations, executive orders, directives, or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the Agreement Tern. The term "federal, state, and local laws" shall include, without limitation: a. Federal Requirements: Authorizing Program Statute. This grant was created by Section 60114 of the Inflation Reduction Act, Climate Pollution Reduction Grants, 42 U.S. Code § 7437 (or Public Law 117-169, title VI, Aug. 16, 2022, 136 Stat. 2076). which amended the Clean AirAct (CAA) by creating Section 137 for Greenhouse Gas Air Pollution Plans and Implementation Grants; and ii. EPA General Terms and Conditions. The current Environmental Protection Agency (EPA) General Terms and Conditions available at: littps://www.epa.L,.ov/systein/files/dOCL[ineiits/2024- 10/fy 2025 epa general terms and conditions effective october 1 2024 o r later.pdf; and These terms and conditions are in addition to the assurances and certifications made as part of the award and the terms, conditions, or restrictions cited throughout the award; and Subrecipient's Initials: The EPA repository for the general terms and conditions by year can be found at: https•//www epa gov/grants/grant-terms-and-conditions#general; and Program guidance is available at: https:/hvww.epa.gov/inflation-reduction- act/climate-pollution-reduction-grants. iii. Federal regulations applicable to this award include, without limitation, the following: a. Uniform Administrative Requirements ("UGG"). Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, other than such provisions as EPA may determine are inapplicable to this Award including adherence to the accounting principles and procedures required therein, use adequate internal controls, and maintain necessary source documentation for all costs incurred. b. Audits. In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. Subrecipient shall comply with all audit requirements for non-federal entities that expend federal awards unless and to the extent of any applicable exemption. The Subrecipient is responsible for resolving audit findings and implementing necessary corrective action specifically related to the subaward, and for promptly delivering to Metroplan all information and certifications necessary for Metroplan's compliance with 2 CFR §200.332(e)(4). The Subrecipient will report to Metroplan the corrective action taken to resolve any findings of all audits. Metroplan will send corrective action to be taken to EPA for approval (see https://www.ecfr.gov/current/title-2/subtitle- A/chapter-I1/part-200/subpart-F). c. Conflicts of Interest. The Subrecipient must maintain a conflict of interest policy consistent with 2 CFR § 200.318(c) and such conflict of interest policy shall apply to each activity funded under this award. Subrecipients must disclose in writing to Metroplan, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 CFR § 200.112. Section 3. Pass -through Requirements (see 2 CFR § 200.332) All parties agree: 1. Term. Subject to the United States Environmental Protection Agency, Region 6, Air and Radiation Division, approval and the provisions for terminations as hereinafter provided, the term of this Agreement shall commence on December 1, 2024, and end on August 31, 2029, unless the period is extended by notification or by modification of this Agreement, through mutual agreement of the parties and federal agency approval. Subrecipient's Initials: 0 2. Benefit. Subrecipient and Metroplan agree, unless specifically stated otherwise, that the provisions of this Agreement are not intended to create or confer a third -party benefit or right on any person or entity, not a party to this Agreement. 3. Administrative Considerations. Where policies of the Subrecipient differ from those of Metroplan, such as travel reimbursement, fringe benefits, indirect costs, etc., the policies of the Subrecipient shall be applicable to cost incurrences under the Agreement provided such policies comply with awarding agency regulations. 4. Compensation. This subaward agreement utilizes the cost reimbursement method of payment unless provisions are specifically outlined in this Agreement for advanced payment. The amount of the subaward is $4,254,743.00 The Subrecipient may invoice at most monthly and shall invoice at least once every three months. Invoices will state the period for which reimbursement is being requested and will itemize the cost by budget category per the budget summary (see Attachment B) Any cost over $4,254,743.00 be the sole responsibility of the Subrecipient at 100% Subrecipient's cost. All deliverables and reports defined in Attachment A: Scope of Work/Deliverables and Attachment B: Budget are to be submitted to Metroplan for the compensation defined herein. The Subrecipient shall not be entitled to receive any additional or separate compensation from Metroplan in connection with the project without prior approval of Metroplan, followed by an amendment submitted to Metroplan approved by the Federal Awarding Agency. Any unspent funds will be reallocated by NWARPC and Metroplan. The Subrecipient agrees to complete a W-9 form and Direct Deposit Authorization form and submit to Metroplan. 5. Relationship of Parties. The parties are independent, and neither party is the agent, joint venturer, partner, or employer of the other. 6. Monitoring Plan and Reporting. The Subrecipient will ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved, as required by 2 CFR § 200.332(e). Metroplan will monitor program and financial performance in accordance with 2 CFR § 200.332(e) through the adherence to a Monitoring Plan, included in the Addenda as Attachment C. Monitoring Plan. The Monitoring Plan will identify any failures in the administration and performance of the award and will also serve to identify whether the Subrecipient needs technical assistance. Metroplan may conduct on -site visits, follow-up, document and/or desk reviews, third -party evaluations, virtual monitoring, technical assistance, and informal monitoring such as email and telephone interviews. The Subrecipient shall promptly deliver to Metroplan all information and certifications necessary for Metroplan's compliance with 2 CFR § 200.332(e). For reporting, the uniform guidance requires that Metroplan and the Subrecipient collect environmental information as approved in the project's Quality Assurance Project Plan (QAPP) and use OMB - approved government -wide standard information collections when providing performance information and data in reports. Performance measures for the Project's expected outputs and outcomes are included in Attachment C: Monitoring Plan. 7. Audit Costs. All Parties that are subject to the single audit requirement (§ 200.332) shall bear the cost of their single audit. The Subrecipient shall be responsible for payment of any Subrecipient's Initials: 7 and all audit exceptions related to the work performed under this Agreement which are identified by the audit agency. For subrecipients that are not eligible for a single audit, Metroplan may conduct an agreed upon monitoring as an audit strategy. The cost of the agreed upon monitoring will be charged to the Metroplan award. Notwithstanding any other condition of the Agreement, the cooperative audit resolution process may be applied, as appropriate. 8. Access to Records. The books and records of all Parties must be made available, if needed and upon request, at the Parties' regular place of business, for audit by personnel authorized by the government. This includes inspections and audits by Metroplan, the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. The Federal Awarding Agency and/or Pass - through Entity has the right to return to audit the program after closeout at any time during the record retention period and as long as the records are retained, to conduct recovery audits including the recovery of funds, as appropriate (§ 200.337(c)). 9. Record Retention. All Parties shall retain all records pertinent to program activities and financial expenditures incurred under this Agreement for a period of three years after the date of submission of the final expenditure report under this award (§ 200.334). Notwithstanding the above, if there are litigation, claims, audits, negotiations, written notification from the federal program or cognizant agencies or the Pass -through Entity, or other actions that involve any of the records cited and that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolutions of all issues (§ 200.334(a)), or the expiration of the three-year period, whichever occurs later. 10. Risk Assessments, Specific Conditions and Remedies. Metroplan has conducted a risk assessment as required by 2 CFR § 200.332(c) and determined the Subrecipient's level of risk as low. Risk assessments may be repeated throughout the project period after scheduled reports, audits, unanticipated issues, or other adverse circumstances that may arise. In the event of noncompliance or failure to perform, Metroplan has the authority to implement specific conditions and apply appropriate remedies as authorized under 2 CFR § 200.339, including but not limited to: temporarily withholding payments, disallowances, suspension or termination of the federal award, suspension of other federal awards received by the Subrecipient, debarment, withholding further funds or other available remedies. 11. Copyright/Intellectual Property. Metroplan will possess the entire and the Subrecipient will possess shared copyright, title, and interest in all materials, inventions, or deliverables produced as a result of this subaward, including use of logos, as appropriate. As a general principle, subject to the rights of the federal government and with respect to any subject, invention, material, or deliverable in which the Pass -through Entity and the Subrecipient retain title resulting from this subaward, the federal government shall have a nonexclusive, nontransferable, irrevocable paid -up license to practice or have practiced for or on behalf of the United States the subject invention, material, or deliverable throughout the world. Metroplan and the Subrecipient will credit the Federal Awarding Agency on any materials, inventions or deliverables produced under the federal award and subaward. Subrecipient's Initials: 9 12. Termination. a. This Agreement may be terminated at any time by either party, upon giving 30 days written notice to the non -terminating party. Metroplan reserves the right to cancel any Project without liability against Metroplan for any reason including, but not limited to, unreasonable delay or lack of progress, the Subrecipient's inability to provide an audit -worthy reason for the substantial delay in the Project development or completion process, or the Subrecipient's unresponsiveness to Metroplan's requests. b. PERFORMANCE DEFICIENCIES: Metroplan may terminate this Agreement for the Subrecipient's failure to perform required actions or failure to submit acceptable deliverables as required herein. In the event Metroplan provides notice of deficiency under this Agreement, Subrecipient will have fourteen (14) days to cure identified deficiencies prior to termination. c. REPAYMENT OF GRANT FUNDS: Once notified of termination by Metroplan, Subrecipient will immediately return all unexpended funds to Metroplan. Metroplan may require additional information regarding previously expended funds including a justification of use of funds for inadequate or insufficient deliverables. Should Subrecipient fail to complete any Project in accordance with Agreement or fail to adequately maintain or operate a Project until at least 2030, Metroplan and EPA may request return of any allocated funds from the applicable Project that has failed to comply with the terms of this Agreement. d. NON -APPROPRIATION CLAUSE: This Agreement will be automatically terminated in the event that funds under FAIN 021775801 are discontinued by the Federal Awarding Agency for any reason. Such termination will take effect upon receipt of written notice to the Subrecipient from Metroplan. If there is a need to settle on an early termination, partial payment up to the termination date would be determined by incurrence of allowable cost and available CPRG funds, upon review of the Subrecipient's records. This provision shall not be construed to abridge any other right of termination Metroplan may have. 13. Notice. Any notice required or deemed desirable to be given, shall be in writing and shall be delivered personally or sent by certified or registered mail, postage prepaid to the following addresses: If to Metroplan: Casey Covington 501 W Markham Suite B, Little Rock, AR 72201 ecovim=ton a metro lan.or g (501) 372-3300 Secondary Metroplan: Leesa Freasier 501 W Markham Suite B, Little Rock, AR 72201 Ifreasiera,metro lan.ore (501) 372-3300 Subrecipient's Initials: 0 If to Subrecipient: Sandi Formica 380 W. Rock St., Fayetteville, AR 72701 www.watershedconservation.org (479)444-1916 14. Liability to Others. The Subrecipient agrees that it will be responsible to defend, and if valid, to satisfy claims against the Subrecipient, which result from the Subrecipient's performance of or failure to perform its duties under this Agreement, and subaward. 15. Non -Exclusive Jurisdiction. All disputes and claims relating to any provision of the Agreement or any covenant, representation, or warranty of either party, or the alleged breach thereof (including without limitation any claim that this Agreement or any provision thereof is illegal or is otherwise unenforceable or voidable under law) shall be settled by a court of competent jurisdiction located in Pulaski County, Arkansas. 16. Entire Agreement. This Agreement, including all attachments, contains the sole and entire agreement and understanding of the parties with respect to the subject matter hereof. Any and all prior discussions, negotiation, commitments and understanding relating thereto are hereby merged herein. This Agreement may be changed or modified only by writing and signed by the parties hereto, subject to the policies and approvals of Metroplan and the Federal Awarding Agency. 17. Governing Law. This Agreement, the relations, rights, and duties of the parties among themselves, and matters pertaining to them in this Agreement, shall be governed by and construed in accordance with the laws of the State of Arkansas. 18. Indirect Cost Rate) (see 2 CFR 200.414 and 200.1) The Subrecipient may apply indirect costs to its Modified Total Direct Cost (MTDC), which means all direct salary and wages, applicable fridge benefits, materials and supplies, services, travel, and up to the first $50,000.00 of each subaward. The Subrecipient will supply Metroplan with documentation of their established and approved indirect cost rate. 19. Closeout (see § 200.332(b)(6)). Metroplan will determine whether all applicable administrative actions and all required work have been completed by the subrecipient at the end ofthe period of performance. If the Subrecipient fails to complete the requirements, the Federal Awarding Agency or Pass -Through Entity will proceed to closeout the award with the information available (§ 200.344). Metroplan will note if closeout relates to the end of a 12-month period and termination of subaward, or if the closeout relates to the end of a 12-month period and preparation for an upcoming continuation period. Metroplan must describe requirements for liquidation of financial obligations if the award is ending, or identification of carry-over of funds, if needed, to the next award period (§ 200.344(b)). Metroplan must include completion of any other required closeout activities, such as submission of deliverables, payments, if any, due to the Subrecipient from the Pass - through Entity, attribution to the federal agency and/or copyright or patent rights, and any accounting of real or personal property (§ 200.344(d) through (h)). Subrecipient's Initials: 10 Section 4. Subrecipient Requirements I. Flow Down Provisions. The Subrecipient agrees to comply with all statutory, regulatory, and Executive Order requirements that apply to EPA funded projects per 2 CFR 200.332(b)(2). Requirements that flow down to Subrecipients are attached hereto as Attachment D, all of which are incorporated into this Agreement by reference. 2. Use of Funds. The Subrecipient agrees that the CPRG funds distributed to Subrecipient have been awarded specifically for completion of the Projects as required herein, not for Subrecipient to utilize until expended. 3. Responsibilities. The Subrecipient agrees to furnish the necessary resources, staff time, materials, services, and otherwise to do all things necessary for the performance of the work described in Scope of Work/Deliverables, which is incorporated into the Agreement as Attachment A, along with the Budget required for that performance, which is incorporated into the Agreement as Attachment B. 5. Assurances. The Subrecipient agrees to follow applicable EPA Standard Assurances that can be found at EPA's Guidance for Preparing Standard Operating Procedures and SF 424D: Assurances for Construction Programs and agrees to complete, execute, and deliver such document to Metroplan. 6. Reimbursement Requests. Reimbursement requests shall be submitted, at minimum, every three (3) months but not more than once per month. 7. Reporting. Subrecipient agrees to provide to the Lead Agency a monthly written status report regarding each Project. Lead Agency will determine due dates for report submittal. In accordance with the Federal Funding Accountability and Transparency Act (FFATA), if the award is subject to FFATA Subaward and Executive Compensation Reporting Requirements, then the terms and conditions of that award must link to the Operating Divisions' (OPDI V) website that houses the full text or include the full text of the reporting requirements. 8. Measurement and Verification. The Subrecipient accepts responsibility for the inspection, measurement, and documentation of pay items, and certification of all work in accordance with the plans and specifications for each Project and for monitoring the Subrecipient's general contractors and subcontractor(s) for compliance with the provisions of EPA-CPRG Required Contract Provisions, Federal Construction Contracts, and Supplements. 9. Rebudgeting and Prior Approvals. The Subrecipient is permitted to rebudget direct costs, if necessary, as described in the uniform guidance (§ 200.308) to better reflect spending requirements, subject to Metroplan written approval, and subject to the Federal Awarding Agency's policy and the uniform grant guidance that would define requirements for prior written approval (§ 200.407) before implementation. 10. Responsibility for Project Costs. The Subrecipient accepts responsibility for 100% of its suballocated Project costs incurred, a) should any Project not be completed as specified; b) should any Project be declared non -participating in federal funds, including any such award by the State Claims Commission; or c) should Subrecipient be determined ineligible by EPA. Subrecipient's Initials: 11. Project Activities. Subrecipient accepts responsibility for performing Project activities in accordance with the provided services which include environmental documentation and permitting, preliminary engineering, and inspection for the Projects. If the Subrecipient uses a consultant for any of these services, Subrecipient must notify Metroplan before any work is performed. 12. Budget and Planning. Subrecipient accepts responsibility for preparing and approving plans, cost estimates, and invoices, and making payments for each Project. 13. Permits. Subrecipient agrees to prepare the necessary environmental documentation and obtain all necessary permits as required by EPA and conduct any required public involvement meetings and public hearings. 14. Planning Requirements. Subrecipient agrees to ensure that the plans and specifications for each Project are developed consistent with federal, state, and local law and ensure that the plans and specifications comply with the American with Disabilities Act (ADA) and all other applicable federal, state, and local regulations, including airport clearance, when necessary, for the type of work involved. 15. Maintenance and Operation. The Subrecipient accepts responsibility for satisfactory maintenance and operation of all land and stream restoration and preservation project improvements. The City of Fayetteville accepts responsibility for satisfactory maintenance and operation of all trail construction and improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate any Project in accordance with EPA-CRPG requirements may result in the Subrecipient and/or City of Fayetteville being required to repay federal funds. The Subrecipient agrees to retain total, direct control over the land and stream restoration and preservation projects and City of Fayetteville agrees to retain total, direct control over the trail facility throughout the life of project improvements until at least 2050 and not, without prior approval from the EPA: a) sell, transfer, or otherwise abandon any portion of a Project; b) change the intended use of a Project; c) make significant alterations to any Project improvements constructed with EPA-CPRG funds; or d) cease maintenance or operation of a Project due to obsolescence. 16. Disclosure of Information. Any confidential or personally identifiable information (Pll) acquired by the Subrecipient during the course of the subaward shall not be disclosed by the Subrecipient to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever without the prior written consent of Metroplan, either during the tern of the Agreement or in the event of termination of the Agreement for any reasons whatsoever. The Subrecipient agrees to abide by applicable federal regulations regarding confidential information and research standards, as appropriate, for federal supported projects. 17. Management Fees. Subrecipient is prohibited from using funds allocated through CPRG for paying management fees, as referenced in Attachment D. 18. UEI and SAM Registration. Subrecipient agrees to provide Metroplan and EPA with its Unique Entity Identifier (UEI) and agrees to maintain current registrations in the System for Award Management (SAM) (www.sam.gov) at all times during which it has active federal awards funded. Subrecipient's Initials: 12 19. ACORN. Memorandum M-10-02 (Attachment E) guides the use of federal funds regarding the Association of Community Organizations for Reform Now (ACORN). Attachment F is an ACORN Funding Declaration. Subrecipient shall complete the bottom section of the declaration and return it to Metroplan with this signed Agreement. 20. Negligence, Misconduct, or Acts of Omission. The Subrecipient agrees that any and all claims for damages to property or injury or death to persons caused by any act of omission, negligence, or misconduct from the performance of work by Subrecipient's employees and/or its contractors on the Projects shall be the sole responsibility of the Subrecipient or the applicable contractor(s), as the case may be, and that Metroplan shall have no liability whatsoever for any such claims. In this regard the Subrecipient shall require any contractor and subcontractors on the Projects to procure and maintain a policy or policies of commercial general liability insurance during the duration of the Projects, which shall be endorsed to include broad form general liability and completed operations coverage in forms and amounts reasonably acceptable to Metroplan and which name Metroplan and Subrecipient as additional insureds. The contractors and subcontractors shall furnish Subrecipient and Metroplan with documentation of proof of liability insurance coverage as required hereunder with submission of a signed contract and thereafter at least annually (within thirty (30) days prior to expiration of the applicable policy). The Subrecipient agrees that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of Subrecipient or its employees, agents, or contractors in the performance of the Projects and this Agreement are obligations of Subrecipient or its contractors, as applicable. Further, Subrecipient agrees that Metroplan, as the Pass -through Entity, has no duty or responsibility for the design, construction, maintenance, or operation of the Projects, and therefore shall have no liability related to the design, construction, maintenance, or operation of the Projects. Subrecipient also agrees to assume all risks associated with the Project work to be performed by its agents, employees, and contractors under this Agreement and that Metroplan, as the Pass -through Entity, shall not be responsible or liable for any damages whatsoever from the actions or inactions of Subrecipient, its employees, agents, and contractors. Nothing set forth herein shall be construed as waiving any statutory immunity of Subrecipient. The Subrecipient agrees that 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 Subrecipient understands and agrees that Metroplan may cause necessary funds to be withheld from the EPA-CPRG subaward if Subrecipient fails to complete any Project as specified or fails to adequately maintain or operate any Project. 21. Nondiscrimination. The Subrecipient agrees to 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), and Nondiscrimination in Federally- Subrecipient's Initials: 13 Assisted Programs of the Department of Transportation. The Subrecipient shall complete and submit to Metroplan an Equal Employment Opportunity Certification Form (Attachment G). 22. Standards of Work. The Subrecipient agrees to implement the subaward and perform pursuant to the requirements of the Agreement in a manner consistent with that level of care and skill ordinarily exercised by Subrecipients currently practicing under similar conditions, particularly in reference to restricted or sponsored programs. The Subrecipient understands that this Agreement is being issued under a federal award, FAIN 02F75801, Program Code 5E, for the Project to be implemented by Metroplan. The Subrecipient agrees to be bound and abide by all applicable regulations contained herein, with regard to federal assurances and certifications including lobbying and debarment. 23. Lobbying. Subrecipients shall complete and submit to Metroplan a Certification Regarding Lobbying Form (Attachment H). 24. Debarment. Subrecipients shall complete and submit to Metroplan a Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Attachment 1). Section 5. Lead Agency and Project Manager Requirements Lead Agency: WCRC 1. Project Manager. The Subrecipient acting as Lead Agency agrees to notify Metroplan in writing who Subrecipient designates as its full-time employee to act as Project Manager to be in responsible charge of the day-to-day oversight of the Projects (Attachment J: Form LPA-005). If the designated full-time employee changes, the Subrecipient must promptly notify Metroplan by resubmitting Form LPA-005 for the newly designated Project Manager. The duties and functions of the employee in responsible charge are: a. Oversee Project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of the Projects; b. Maintain familiarity of day-to-day Project operations, including Project safety issues; c. Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; d. During construction, visit and review the Projects on a daily basis; e. Review financial processes, transactions, and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; f. Direct Project staff or consultant to carry out Project administration and contract oversight, including proper documentation; and g. Be aware of the qualifications, assignments, and on-the-job performance of Project and consultant staff at all stages of the Projects. 2. Reporting. Lead Agency agrees to provide a monthly written status report to Metroplan regarding each Project. These monthly status reports are due at the end date of each month. If this date falls on a holiday or weekend, the reports are due the day before the holiday or weekend. After each quarter of the calendar year, the Lead Agency agrees to Subrecipient's Initials: 14 complete and submit to Metroplan a quarterly status report using the Metroplan template. This report will be due on the 15th of the month immediately following the end of each quarter. Section 6. Right -of -Way and Land Protection Requirements Responsible Subrecipient: NWALT 1. Subrecipient agrees to acquire any property required for a Project in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). 2. Subrecipient agrees to ensure the preparation of right-of-way plans are completed in accordance with applicable state, federal and local regulations. 3. Subrecipient shall be responsible for all non -reimbursable costs associated with the relocation of any utility lines and/or utility facilities. 4. Subrecipient agrees to provide Metroplan and the EPA upon request with a copy of the recorded deed or other documentation reasonably acceptable to Metroplan and the EPA, along with a certification stating that the Subrecipient owns clear and unencumbered title or legally sufficient rights to any right-of-way used for the Projects. If a preservation ordinance or deed restriction is being used, the Subrecipient will provide Metroplan and the EPA upon request with a copy of the duly authorized ordinance or recorded deed restrictions. Upon completion of any right-of-way acquisition, deed restriction, or other documentation, the Subrecipient agrees to provide a letter confirming completion to Metroplan and EPA. Section 7. Land Restoration or Stream Restoration Requirements Responsible Subrecipient: WCRC I. Subrecipient agrees to submit a certification letter (Form LPA-008), including all items noted, to Metroplan prior to initiation of work for each Project. 2. Subrecipient agrees to provide Metroplan a Quality Control Plan with an independent review of work performed. 3. Subrecipient agrees to ensure soil health, water quality, native vegetation, ecosystem connectivity, sustainable practices, monitoring, and maintenance practices guided by the specific laws and regulations of the Bureau of Land Management are followed. 4. If Subrecipient engages any contractors to perform a Project, the Subrecipient agrees to advertise for bids in accordance with all applicable federal procedures, including any applicable Flow Down provisions. After bids are opened and reviewed, Subrecipient agrees to submit to Metroplan a certification letter notifying Metroplan that a contractor has been selected to perform the applicable Project and identifying such contractor. 5. Subrecipient agrees to pay, prior to delinquency, all contractors for Project work accomplished in accordance with the plans and specifications for the applicable Project, and to promptly request reimbursement from Metroplan via invoice. Reimbursement Subrecipient's Initials: 15 requests shall be submitted, at minimum, every three (3) months but not more than once per month. 6. Subrecipient agrees to retain all records relating to inspection and certification of the Projects, the contractor's billing statements, and any other files necessary to document the performance and completion of the Project work in accordance with requirements of 2 CFR Part 200 — Uniform Administrative requirements, Cost Principles, and Audit Requirements for Federal Awards. 7. Subrecipient agrees to promptly deliver to Metroplan from time to time upon request copies of (or full access to) all Subrecipient records pertinent to the Projects, including all contracts, subcontracts, billing, and payment records. Section 8. Trail Construction Requirements Responsible Subrecipient: CITY OF FAYETTEVILLE 1. Subrecipient agrees to submit a certification letter, including all items noted, to Metroplan for each Project prior to advertising the applicable Project for construction bids (Form LPA-008, available at https://ardot ¢ov/divisions/local-proerams/local-public- aaency-project-manual/). 2. Subrecipient agrees to advertise for bids in accordance with all applicable federal procedures, including any applicable Flow Down provisions. After bids are opened and reviewed, Subrecipient agrees to submit to Metroplan a certification letter notifying Metroplan that a contractor has been selected to perform the applicable Project and identifying such contractor. 3. Subrecipient agrees to provide Metroplan a Quality Control Plan with an independent review of work performed. Subrecipient agrees to follow the Manual of Field Sampling and Testing Procedures and Resident Engineer's Manual used by ARDOT, along with the Project plan's specifications and all applicable EPA requirements. 4. Subrecipient agrees to pay, prior to delinquency, all contractors for Project work accomplished in accordance with the plans and specifications for the applicable Project, and to promptly request reimbursement from Metroplan on the Construction Certification and Reimbursement Request (CCR) form (Form LPA-014, available at littps:Hardot ov/divisions/local-programs/local-public-a,>ency-project-manuals. Reimbursement requests shall be submitted, at minimum, every three (3) months but not more than once per month. 5. Subrecipient agrees to pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of Project work and used in the course of said work including but not limited to materials, labor, and supplies described in and provided for under Act Nos. 65 and 368 of 1929, Act No 82 of 1935, and Acts amendatory thereof. 6. Subrecipient agrees to retain all records relating to inspection and certification of the Projects, the contractor's billing statements, and any other files necessary to document the performance and completion of the Project work in accordance with requirements of Subrecipient's Initials: a 2 CFP Part 200 — Uniform Administrative requirements, Cost Principles, and Audit Requirements for Federal Awards. Subrecipient agrees to promptly deliver to Metroplan from time to time upon request copies of (or full access to) all Subrecipient records pertinent to the Projects, including all contracts, subcontracts, billing, and payment records. Section 9. Metroplan Responsibilities Metroplan agrees to: 1. Reimburse Subrecipient an amount not to exceed $4,254,743.00 for land restoration, stream restoration, land preservation, and trail construction through the EPA-CPRG Program to the extent completed in accordance with the requirements of this Agreement. 2. Coordinate with Subrecipient for the duration of each Project. 3. Provide technical assistance and guidance related to EPA-CPRG criteria to Subrecipient for the duration of the Projects. 4. Provide, upon request, technical assistance on communication and promotional activities related to the Projects. 5. Make periodic payments for reimbursable costs and expenses to Subrecipient for duly completed reimbursement requests that are submitted to Metroplan as and when required under this Agreement. 6. Maintain an administrative file for each Project and be responsible for administering CPRG funds. 7. Review documents; however, Subrecipient is responsible for meeting federal requirements and general compliance with 23 CFR 635. 8. Pay the remaining amount due upon completion of each Project and submittal of the certified Final Acceptance Report form (Form LPA-016, available at https //ardot s,ov/divisions/local-programs/local-public-aLencN,-protect-manual/), subject to the availability of EPA-CPRG funds allocated for the Projects. 9. Review and concur on any changes to Project scope and coordinate with EPA-CPRG recommendations and criteria. 10. Coordinate with N WARPC to conduct bi-annual site visits to the Projects to verify that Project timelines, outcomes, outputs, and milestones are being met by Subrecipient. 11. Maintain accounting records to adequately support reimbursement with federal funds for reimbursable costs directly associated with its administration of the Projects. Metroplan contacts for the CPRG Program are as follows: Staff Member Title Phone Email Casey Covington Executive Director 501-372-3330, ccovington@metroplan.org ext. 108 LeesaFreasier Grant Administrator 501-372-3300 Ifreasier metro lan.or Bernadette Rhodes Senior Regional 501-372-3300, brhodes@metroplan.org Planner ext.114 Subrecipient's Initials: 17 Section 10. Northwest Arkansas Regional Planning Commission Responsibilities Northwest Arkansas Regional Planning Commission (NWARPC) agrees to: 1. Coordinate with Metroplan and Subrecipient to ensure the awarded CPRG funds to be implemented in Benton, Washington, and Madison Counties, as submitted to EPA in March 2024, are implemented and expended in Northwest Arkansas. 2. Assist and coordinate with Metroplan and Subrecipient in implementing the CPRG grant funding awarded to Northwest Arkansas Green Network projects. 3. Assist Metroplan and Subrecipient in processing, documenting, and approving any requested modifications to the 18 CPRG N WA Green Network Projects and two programs. 4. Provide NWARPC conference room space and general meeting support throughout the CPRG grant period to convene, collaborate, and communicate with Metroplan and Subrecipient on CPRG grant implementation. 5. Provide documents, photos, and site inspection as needed for N WA projects. 6. Coordinate with Metroplan to conduct periodic site visits to the Projects to verify projects timelines, outcomes, outputs, and milestones are being met by Subrecipient. N WARPC contacts for the CPRG Program are as follows: Staff Member Title Phone Email Tim Conklin Executive Director 479-751-7125, tconklin@nwarpc.org ext. 101 Nicole Gibbs Transportation Programs 479-751-7125, ngibbs@nwarpc.org Manager/ Regional Planner ext. 105 Subrecipient's Initials: ��N SIGNATURES IN WITNESS WHEREOF, the parties thereto have executed this Agreement by their duly authorized officers to be effective this 23`" day of December , 20 24 CERTIFICATION: The undersigned verifies that all funds provided through this Subaward Agreement will be used in accordance with the terns, provisions, and conditions hereof. FOR METROPLAN 4�a �nra. o By Authorized Representative: Casey Covington, Executive Director FOR NWARPC Oigilolly signed by Tim Conklin Tim Conklinoe1e: 2024.12.111220:19 -06'00' i 12�1?JLT Date 12/11/24 By Authorized Representative: Date Tim Conklin, Executive Director FOR By Authory%fl Representative Mayor oKFayetteville, Lioneld Jordan FOR NWALT By Authorized Repres n ve Grady Spann, Executive Director 12/20/2024 Date 12/11 /24 Date Subrecipient's Initials: � W FOR SUBRECIPIENT Digitally signed by Sandi J Formica 014 cn=Santll J Formica, o, oo, Sandi J Formica email=tnmrea@walsshadebnservalinn org ,US Date: 2024.12.10 09:2758 L5'00' 12/10/24 By Authorized Representative: Date Sandi Formica. Executive Director Subrecipient's Initials: M zo ATTACHMENT A: Scope of Work/Deliverables The Subrecipient shall be responsible for completing the following scope of work for the Projects: Land and Stream Restoration Project: a. Procure engineering/design firm for creation of landscape restoration plans b. Identify invasive and native plants across site, and level of rehabilitation needed to achieve referenced project c. Develop land and stream treatment measures for invasive plant removal and native plant establishment d. Conduct initial site assessment and gather reference reach data e. Apply for all applicable local, state, and federal permits f. Develop construction drawings g. Create initial design that works with current conditions and possibility of revised future roadway conditions h. Establish and maintenance of native landscape rehabilitation i. Remove existing invasive plants j. Perform all earthworks necessary for proposed landscape k. Establish native vegetation and appropriate seasonal timing I. Conduct regular project progress checks m. Inspect invasive plants and conduct follow-up n. Procure all materials necessary to construct the Projects o. Construct channel restoration p. Establish native vegetation as part of channel stabilization Subrecipient's Initials: l' Total for Land and Stream Restoration Project: $1,389,950.00 Land Protection Project: a. Pursue landowner discussions and begin land acquisition discussions along linear project corridor b. Obtain permission to access properties that have not yet been acquired c. Complete land acquisition d. Adopt special ordinance to preserve property Total for Land Preservation Project: $57,500.00 Trail Construction Project: a. Procure engineering/design firm for the design of the greenway expansion project b. Determine trail layout that minimizes land taking and works in conjunction with simultaneous landscape restoration projects c. Apply for all applicable local, state and federal permits d. Develop construction design e. Complete land acquisition f. Adopt special ordinance to preserve property per the grant agreement (2030) g. Procure contractor for construction of the greenway expansion h. Procure all materials necessary for construction project i. Complete construction of greenway expansion Total for Trail Construction Project: $2,598,800.00 Subrecipient's Initials: 21 22 Subrecipient contacts for this Scope of Work are as follows: Staff Member Title Phone Email Sandi Formica WCRC Executive 479-444-1916 wcrc@watershedconservation.org Director Grady Spann NWALT Executive 479-966-4666 gspann@nwalandtrust.org Director Lioneld Mayor of Fayetteville 479-575-8330 mayor@fayetteville-ar.gov Jordan Attachment B. Approved Budget River Commons Project PROJECT COSTS Land Restoration $717,200.00 Stream Restoration $672,750.00 Land Protection $50,000.00 Trail Construction $2,598,800.00 Indirect TOTAL $4,038,750.00 PROJECT ADMINISTRATION Personnel Fringe Travel Supplies Equipment Other TOTAL $215,993.00 GRAND TOTAL: $4,254,743.00 Subrecipient's Initials: 23 Attachment C. Monitoring Plan The subaward will be monitored using the following metrics and information collection. Periods(Quarterly & Annually) -Reporting # of meetings/presentations # of meeting attendees # of acres of open sace preserved # of permits obtained of permits obtained -Types # of wetland acres restored # of riparian acres restored Linear feet of streambank restored # of prairie acres restored # of tree seedlings planted # of community partners Provide list of partners # of linear feet of trail constructed # of trail amenities installed Type of trail amenities installed # of wayfinding signs installed Type of wa findin signs installed # of LED/solar trail lighting installed VMT of nearest road that new trail offsets trips from % of investment benefiting LIDAC Provide a summary of activities and project progress this period. Describe any challenges or delays that could materially impact your ability to accomplish the outputs included in your subaward agreement. Financial monitoring provided based on invoices and completion of project phases. Environmental information collected in accordance with QAPP and OMB -approved government -wide standard information collections. Subrecipient's Initials: 24 Attachment D. Flow Down Provisions See https://www.epa.sov/sites/default/tiles/2020- I I/documents/epa subaward cross cutter requirements.pdf or most recently revised version of EPA's "Information on Requirements that Pass -Through Entities must `Flow Down' to Subrecipients" Subrecipient's Initials: Attachment E. ACORN Memo 2s -'. fALSIOF �i EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET ".' WASHINGTON, D.C. 20503 P tia, THE DIRECTOR October 7, 2009 M-10-02 MEMORANDUM FOR THE HE S OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: Petero Orszag� Director SUBJECT: Guidance on section 163 of the Continuing Resolution regarding the Association of Community Organizations for Reform Now (ACORN) This memorandum provides guidance to Executive Branch agencies regarding the implementation of section 163 of the Continuing Appropriations Resolution, 2010, Division B of Pub. L No. 111-68 (CR), which states: SEC. 163. None of the funds made available by this joint resolution or any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. Your agency must immediately commence all necessary and appropriate steps to comply with section 163. This includes the following: No future obligatiotu offends. No agency or department should obligate or award any Federal funds to ACORN or any of its affiliates, subsidiaries or allied organizations (collectively "affiliates") during the period of the CR. To the extent your agency already has determined that fmids should be obligated or awarded to ACORN or its affiliates but has not yet entered into any agreement to provide such funds to ACORN or any of its affiliates, your agency should not provide such funds, or enter into any such agreements to do so. As section 163 makes clear, its prohibition applies not only to the funding that is made available by the CR, but also to the funding that was made available by previously enacted statutes. In addition, the text of section 163 is sufficiently broad to cover funding that was made available for fiscal year (FY) 2009 and prior fiscal years, as well as funding that is or will be made available for FY 10. • Suspension of gram and contractual payments. If your agency has an existing contract or grant agreement with ACORN or its affiliates, the agency should: (i) where permissible, immediately suspend performance of any obligations under the contract or agreement, including payment of Federal funds; and (ii) consult promptly with the agency's general counsel and, if necessary, the Office of Management and Budget Subrecipient's Initials: `f' 26 Attachment F. ACORN Declaration ACORN FUNDING DECLARATION On the behalf of the organization identified below ("organization"), 1 hereby acknowledge that I have been provided a copy of Office of Management and Budget Memorandum M-10-02 and that said organization shall fully comply with section 163 of the Continuing Appropriations Resolution, 2010, Division B of Pub. L. No. 111-68 (CR) which states: None of the funds made available by this joint resolution or any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. I acknowledge that Federal grant or contract funding cannot be made to ACORN or its affiliates as a matter of law. I acknowledge that the organization as a Federal grant or contract recipient is prohibited from providing ANY federal funds to ACORN or its affiliates as subgrantees, subcontractors or other subrecipients. I acknowledge that the organization shall immediately notify DEQ of any existing subgrants, contracts or other subrecipient agreements, it may have with ACORN or its affiliates, as well as the measures that shall be taken by the organization to comply with this prohibition with regards to those subgrants, subcontracts or subrecipient agreements. Signed on this 10" day of 2024 Name of Organization: Watershed Conservation Resource Center Sandi J Signed: Formica q,.a...bee,..m.,,. ......o..,.,o��s,s � Title: Executive Director Subrecipient's Initials: 27 Attachment G. Equal Opportunity Certification Form Please click on the link below and fill out the EEOP form. https:/hvwH'.oip.aoN,Isites/Q/files/x)-ckuh24I/files/media/document/cert.pdf Subrecipient's Initials: Attachment H. Certification Regarding Lobbying 28 Please click on the link below and fill out the Certification form. https:/hN°wii.epa.(=ov/sN,stemHiles/documents/2021-08/epa form 6600 06.pdf Subrecipient's Initials: f 29 Attachment I. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Please click on the link below and fill out the Certification form. https:/lepa.illinois.2oN,Icontent/damisoi/en/weblepaltopicsl,-rants-loans/state-res,oh-in°- fund/documents/epa-5700-49-certification-of-debarment-suspension-ete.pdf Subrecipient's Initials: Attachment J. Lead Agency Form (LPA-005) 30 Please click on the link below and fill out the Lead Agency form. htq>s://hrww.ardot.Qov/wp-content/uploads/Form LPA-005 Designating-Fmplovee-in- Charge.ndf Subrecipient's Initials: `!{ Attachment K. EPA Grant Agreement (02F75801) See email attachment. Subrecipient's Initials: 31 City of Fayetteville $ 2,598,800 City of Lowell $ 301,700 $ 1,383,280 City of Rogers $ 2,272,506 $ 3,658,800 $ 1,032,400 $ 113,586 City of Springdale $ 3,225,185 $ 455,200 University of Arkansas (U of A) $ 539,896 $ 80,984 Illinois River Watershed Partnership (IRWP) $ 2,487,000 $ 373,050 $ 211,500 Northwest Arkansas Land Trust (NWALT) $ 166,500 $ 400,000 $ 84,975 Watershed Conservation Resource Center (WCRC) $ 11,080,225 $ 1,662,034 $ 602,300 (incl. $244,100 pass through to BWAfor workforce development) Arkansas Advanced Energy Foundation (AAEF) $ 20,079 NWA Trailblazers $ 2,598,800 $ 1,684,980 $ 7,077,292 $ 3,680,385 $ 620,880 $ 3,071,550 $ 651,475 $ 13,344,559 $ 20,079 $ 3,500,000 $ 3,500,000 NWA Green Network (10) subrecipients include: the Cities of Fayetteville, Lowell, Rogers, and Sprindale; the Unviersity of Arkansas (UofA); the NWA Trailblazers; the Watershed Conservation Resource Center (WCRC); the Northwest Arkansas Land Trust (NWALT); the Illinois River Watershed Partnership (IRWP); Arkansas Advanced Energy Foundation (AAEF). 5E - 02F75801 - 0 Page 1 �jeD sTgr GRANT NUMBER (FAIN): 02F75801 o� Fs U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD z� Qr� PROGRAM CODE: 5E 10/16/2024 W PROTECTION AGENCY TYPE OF ACTION MAILING DATE 2 Q New 10/21/2024 r c��c Grant Agreement PAYMENT METHOD: ACH# qt PROT� ASAP RECIPIENT TYPE: Send Payment Request to: Municipal Contact EPA RTPFC at: rtpfc-grants@epa.gov RECIPIENT: PAYEE: METROPLAN METROPLAN 501 W MARKHAM SUITE B 501 W MARKHAM SUITE B LITTLE ROCK, AR 72201-1409 LITTLE ROCK, AR 72201-1409 EIN: 71-0415864 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Casey Covington Silvana Palacios-Guberti Salena Reynolds 501 W MARKHAM STE B 1201 Elm Street, Suite 500, ARDPM Mission Support Division, MSDGG LITTLE ROCK, AR 72201-1409 Dallas, TX 75270-2102 1201 Elm Street, Suite 500 Email: ccovington@metroplan.org Email: PalaciosGuberti.Silvana@epa.gov Dallas, TX 75270-2102 Phone:501-372-3300 Phone:214-665-6681 Email: reynolds.salena@epa.gov Phone: 214-665-7529 PROJECT TITLE AND DESCRIPTION Energy and Environment Innovation for the Natural State See Attachment 1 for project description. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/16/2024 - 09/30/2029 10/16/2024 - 09/30/2029 $ 100,337,499.00 $ 100,337,499.00 NOTICE OF AWARD Based on your Application dated 03/29/2024 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $ 99,999,999.00. EPA agrees to cost -share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $ 99,999,999.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS U.S. EPA, Region 6, Grants Management Section U.S. EPA, Region 6, Air and Radiation Division 1201 Elm Street, Suite 500 R6 - Region 6 Dallas, TX 75270-2102 1201 Elm Street, Suite 500 Dallas, TX 75270-2102 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Marya Stanton - Director, Mission Support Division DATE 10/16/2024 5E - 02F75801 - 0 Page 2 EPA Funding Information FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 0 $ 99,999,999 $ 99,999,999 EPA In -Kind Amount $ 0 $ 0 $ 0 Unexpended Prior Year Balance $ 0 $ 0 $ 0 Other Federal Funds $ 0 $ 0 $ 0 Recipient Contribution $ 0 $ 0 $ 0 State Contribution $ 0 $ 0 $ 0 Local Contribution $ 0 $ 0 $ 0 Other Contribution $ 0 $ 337,500 $ 337,500 Allowable Project Cost $ 0 $ 100,337,499 $ 100,337,499 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.046 - Climate Pollution Reduction Grants Clean Air Act: Sec. 137 2 CFR 200, 2 CFR 1500 and 40 CFR 33 Fiscal Site Name Req No FY Code Organization PRC OClass Site/Project Organization Deoibl gat n 2506JSR002 2226 1 E4SF5 06J1 OOOACGXJ2 4132 $ 99,999,999 $ 99,999,999 5E - 02F75801 - 0 Page 3 Budget Summary Page Table A - Object Class Category (Non -Construction) Total Approved Allowable Budget Period Cost 1. Personnel $ 714,515 2. Fringe Benefits $ 178,629 3. Travel $ 0 4. Equipment $ 0 5. Supplies $ 0 6. Contractual $ 0 7. Construction $ 0 8. Other $ 98,549,973 9. Total Direct Charges $ 99,443,117 10. Indirect Costs: 0.00 % Base $ 556,882 11. Total (Share: Recipient 0.00 % Federal 100.00 %) $ 99,999,999 12. Total Approved Assistance Amount $ 99,999,999 13. Program Income $ 337,500 14. Total EPA Amount Awarded This Action $ 99,999,999 15. Total EPA Amount Awarded To Date $ 99,999,999 5E - 02F75801 - 0 Page 4 Attachment 1 - Project Description The purpose of this award is to provide funding under the Inflation Reduction Act (IRA) to Metroplan. The recipient will implement greenhouse gas (GHG) reduction programs, policies, projects, and measures identified in a Priority Climate Action Plan (PCAP) developed under a Climate Pollution Reduction Grants (CPRG) planning grant. Activities conducted through this grant will benefit all residents and visitors to Arkansas through four main objectives: implementation of ambitious measures that will achieve significant cumulative GHG reductions by 2030 and beyond; pursuit of measures that will achieve substantial community benefits, particularly in low-income and disadvantaged communities; complementing other funding sources to maximize these GHG reductions and community benefits; and, pursuit of innovative policies and programs that are replicable and can be "scaled up" across multiple jurisdictions.The activities include three greenhouse gas (GHG) reduction measures, a workforce development measure, and grant administration. Metroplan (Metropolitan Planning Organization (MPO) for Central Arkansas), the Northwest Arkansas Regional Planning Commission (NWARPC, MPO for Northwest Arkansas), and the City of Fort Smith (COFS) — referred to collectively as "the coalition" — propose to undertake the greenhouse gas (GHG) reduction efforts of Green Networks, Transportation Efficiency, and Building Efficiency. The coalition has partnered with over 50 communities, agencies, and organizations across three regions to develop projects and programs that are both effective and aligned with public and stakeholder priorities. The partnerships built through this process, along with the support and enthusiasm for this work, will undoubtedly catalyze future Energy and Environment Innovations in the Natural State. The Letters of Commitment included in this application detail the robust support each partner has dedicated to helping the coalition achieve its CPRG objectives. Green Networks: The coalition will implement projects that sequester carbon and reduce transportation emissions by protecting and restoring natural infrastructure cores and corridors and increasing access to active transportation and transit. The measure focuses on connecting low-income and disadvantaged communities (LIDACs) to jobs, education, and essential services through safe and convenient access to bicycle -pedestrian facilities, a -bike rebates, and the natural environment. The coalition will provide funding, in collaboration with numerous conservation partners, for land acquisition, protection, and restoration, including wetlands, riparian zones, forested lands, and prairies, as well as strategic segments of trail construction and an a -bike incentive program. These projects will reduce GHGs by sequestering carbon in restored natural lands and reducing vehicle miles traveled to ensure that LIDAC residents reap physical, mental, and financial benefits. Projects and programs link three primary components to create a resilient "Green Network": nature - based solutions, alternative transportation, and workforce training. Transportation Efficiency: The coalition proposes to incentivize conversion of conventional streetlights to more efficient light emission diode (LED) technologies, transition of public fleet vehicles to all -electric equivalents, and deployment of public and fleet electric vehicle charging. This measure focuses on reducing fossil -fuel energy use from the transportation system and ensuring equitable access to incentivized infrastructure. At least 50% of the investment will benefit LIDAC communities. • Fleet Vehicle Replacement with electric vehicles (EVs): In Central Arkansas, rebates to cities, counties, special districts, and nonprofits will cover the incremental cost, after tax credits, of replacing light -duty 5E - 02F75801 - 0 Page 5 internal combustion engine fleet vehicles with all -electric equivalents. • EV Charging Infrastructure: o In Central Arkansas, rebates will cover 70% of the costs for purchasing and installing widely available Level 2 electric vehicle chargers to overcome range anxiety. The remaining 30% of the cost is reimbursable with a federal tax credit for low-income and rural census tracts. o The City of Fort Smith will establish electric vehicle charging stations at seven strategic locations within the city, prioritizing placement in LIDACs. • Streetlight Replacement with LED: In Central Arkansas, pass -through grants will enable cities and counties to work with their utility provider to replace conventional streetlights with LED bulbs. Building Efficiency: The coalition proposes to implement building efficiency measures to reduce GHG emissions from public and commercial buildings in the Little Rock -North Little Rock -Conway and Fort Smith MSAs. Building efficiency will be achieved in four ways: • Pass -through grants to Energy Savings Performance Contracting (ESPC) participants in Central AR Local public entities (municipalities, counties, and school districts) in Central Arkansas that enter into an ESPC may apply for an up to $500,000 grant to expedite and/or enhance energy savings and efficiency upgrades. • Revolving Loan Fund for Commercial Property Assessed Clean Energy projects in Central AR $3,500,000 in CPRG funding will be used to establish, capitalize, market, and administer a regional Commercial Property Assessed Clean Energy Revolving Loan Fund (CPACE RLF) to finance loans in the $75,000 to $400,000 range where market -based funding is difficult to find. Loans will be used to finance highly efficient energy systems in commercial building construction and rehabilitation with a focus on LIDAC areas. The existing Pulaski County CPACE program, established by the Pulaski County Energy Improvement District under Act 1074 of 2013, will be extended to the entire 6-county region and administered by the Arkansas Advanced Energy Foundation and the selected vendor, which will also lead the Workforce Development Programming for the coalition. The strength of the program is that it allows commercial property owners to finance approved building efficiency improvements by attaching the loan repayment to the property tax bill. Each project is amortized over up to 20 years, providing the owner with a cash -flow positive financing solution, as well as energy efficiencies and GHG reductions. The Revolving Loan Fund aspect will extend financing beyond the Climate Pollution Reduction Grant (CPRG) grant period of performance. • Subawards for public renewable energy projects in Central Arkansas and Fort Smith regions o Construction of an 850 kW DC solar array for the Fort Smith Housing Authority's Nelson Hall Homes, a 288-unit development that provides suitable and safe rental housing for eligible low-income elderly and/or disabled persons. o Construction of 760 geothermal wells (710 east, 50 west, each 400' or 500' deep) for a planned $25M 5E - 02F75801 - 0 Page 6 geothermal Central Utility Plant (CUP) facility at the Bill and Hillary Clinton National Airport (LIT). A closed loop of piping will carry chilled water and heated return water throughout the well field to dissipate heat into the ground. The completed geothermal facility will eliminate the use of natural gas for heating ventilation and air conditioning (HVAC) and reduce the electricity needed by eliminating chillers and cooling towers, cutting the terminal's GHG emissions by 90%. • Promotion of existing and CPRG-funded efficiency measures in Central Arkansas and Fort Smith through regional Energy Ambassadors. Energy Ambassadors housed at Metroplan and the COFS will connect the dots between needs and available resources, and reduce barriers to utilization of rebates, pass -through grants, and loans. The anticipated deliverables include semi-annual report, one-year report, and final report including the metrics selected in the workplan. For Green Networks: • # of meetings/ presentations held • Meeting attendance #s • # of acres of open space preserved • # of permits obtained • # of counties participating • % of investment benefiting LIDACs • # of meetings/ presentations held • Meeting attendance #s • # of acres of open space preserved • # of permits obtained • % of investment benefiting LIDACs • # of wetland acres restored • # of riparian acres/linear feet of streambank restored • # of forest acres restored • # of prairie acres restored • # of seedlings planted • # of community partners 5E - 02F75801 - 0 Page 7 • % of investment benefiting LIDACs • # of wetland acres restored • # of riparian acres/linear feet of streambank restored • # of forest acres restored • # of prairie acres restored • # of seedlings planted • # of community partners • % of investment benefiting LIDACs • # of linear feet of trail constructed • Permits obtained • Amenities installed • Wayfinding installed • LED/Solar lighting installed • VMT of nearest road that new facility offsets trips from • % of investment benefiting LIDACs • # of linear feet of trail constructed • Permits obtained • Amenities installed • Wayfinding installed • LED/Solar lighting installed • VMT of nearest road that new facility offsets trips from • % of investment benefiting LIDACs • Permits obtained • # of linear feet of greenway constructed • Amenities installed 5E - 02F75801 - 0 Page 8 • LED/Solar lighting installed • % of investment benefiting LIDACs • # of people that entered lottery • # of individuals selected for rebate • Average income of individuals selected for rebate • % of investment benefiting LIDACs • # and location of participating bike shops • # and $ value of vouchers redeemed For Transportation Efficiency: • # of vehicles purchased • Type of vehicles purchased • Average annual gas usage of vehicle being replaced (from past 1-2 years) • Electricity usage to charge new EV • % of investment benefiting LIDACs • # of charging stations installed • Location of charging stations • kWh usage of each charging station • % of investment benefiting LIDACs • # of charging stations installed • Location of charging stations • kWh usage of each charging station • % of investment benefiting LIDACs • kWh usage of existing fixture • # of LED fixtures installed • Type of LED fixtures installed 5E - 02F75801 - 0 Page 9 • Location of LED fixtures installed • kWh usage of LED fixture • % of investment benefiting LIDACs For Building Efficiency: • # of counties participating • Board meeting minutes • # of financial institutions participating • # of loans • Amount of loans • Existing energy usage • # and type of upgrades installed • Energy savings • % of investment benefiting LIDACs • # of grants awarded • $ value of each grant • Existing energy usage • # and type of upgrades installed • Energy savings • % of investment benefiting LIDACs • Completion of design • Permits obtained • Completion of engineering • # of wells installed • Funding leveraged to complete geothermal facility • % of investment benefiting LIDACs 5E - 02F75801 - 0 Page 10 • Existing kWh usage of each unit • # of solar panels installed • # of households affected • kWh usage of each unit after solar installation • % of investment benefiting LIDACs The expected outcomes include the ones listed per greenhouse gas reduction measure below. For Green Networks: • 3 Public engagement, 3 LIDAC, and 10 marketing meetings held in each county per year (covering all Green Networks measures) • 455 acres purchased and/or placed in conservation easements • 916 acres of restored green network lands protected from disturbance through conservation or other easements and/or formal restrictions. • 2,073 acres of restored forest, wetland, prairie, or riparian areas • 178,547 tree seedlings planted in urban environments • 2,158 acres of high -quality land restoration conducted • 35,728 feet of degraded stream channel restored • 4 miles of bike-ped infrastructure constructed • 2.5 miles of bike-ped infrastructure constructed • 11,510 linear feet of alleyway converted to multi -use greenway • 5,844 e-bike rebates issued For Transportation Efficiency: • 40 internal combustion engine vehicles replaced with all -electric equivalents • 136 Level II EV chargers deployed • 6x Level 2 chargers deployed • 6x 150 kW DCFC chargers deployed • 2x 400 kW DCFC chargers deployed 5E - 02F75801 - 0 Page 11 • 4,033 conventional streetlights replaced with LED bulbs For Building Efficiency: • 38 CPACE RLF projects completed, 2025-2030 (assumed average project cost: $75,000) • 105 CPACE RLF projects completed, 2031-2050 (loan repayments are reinvested into new projects) • 7 public building efficiency projects incentivized through EPSC grants • 1 geothermal well field installed at LIT, with 760 wells replacing four 2000-MBH natural gas fired boilers, three 500-ton refrigerant chillers and two 1000-ton cooling towers in current use • 1x 850 kW DC solar array installed at public housing for low-income elderly and disabled residents Outcomes from this proposal include: • 2025-2030 (in metric tons): 261,782 mt CO2e reduced or sequestered. • 2025-2050 (in metric tons): 1,071,188 mt CO2e reduced or sequestered. • Annual criteria pollutant (CAP) and hazardous air pollutant (HAP) emissions reduced. CAP emissions reductions were quantified for some, but not all the proposed projects. At least 50% of the CAP and HAP reductions are anticipated to occur in LIDACs. The table below lists total CAP reductions in tons for quantified projects. CAP reductions are expressed as an annual reduction beginning in 2030 once all measures are completed. The intended beneficiaries include considerations for low-income and disadvantaged communities as described: The Green Networks projects provide important co -benefits that enhance urban resilience and contribute to broader environmental and social objectives. The projects will reduce emissions of criteria pollutants from motor vehicles, remove stormwater pollutants, create wildlife habitats and continuous wildlife corridors, reduce heat islands, protect watersheds, improve soil health, enhance water quality. Socio- economic benefits include connecting LIDACs to streams, natural places, and active transportation networks. The projects included under this measure have been designed to ensure that LIDACs are the primary beneficiaries of the proposed investments. The proposed Transportation Efficiency and Building Efficiency projects will reduce reliance on fossil energy for electricity, heating, and transportation. Fossil -fuel combustion by power plants, in buildings, and by vehicles emits CAPs and HAPs. Because these projects specifically target LIDACs, residents in these locations will experience the greatest share of the co -benefits associated with these projects. METROPLAN: • Issuing subawards to coalition partners and eligible local government and nonprofit agencies in accordance with EPA's Subaward Policy • Overseeing subrecipients, and/or contractors and vendors 5E - 02F75801 - 0 Page 12 • Tracking and reporting on project progress on expenditures and purchases • Tracking, measuring, and reporting accomplishments on proposed timelines and milestones • Submitting semi-annual progress reports on grant implementation and planned activities to EPA • Submitting detailed final report to EPA within 120 calendar days of the completion of the period of performance • Community and stakeholder outreach and education within the Central AR • Hiring and managing regional Energy Ambassador and Grant Administrator NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION • Assisting Northwest Arkansas subrecipients to: o comply with subrecipient requirements under EPA's Subaward Policy o develop subaward agreements with Metroplan o track and report to Metroplan on project progress and expenditures • Tracking, measuring, and reporting to Metroplan on accomplishments and proposed timelines and milestones for projects and programs in Northwest Arkansas • Continuing community and stakeholder outreach and education in Northwest Arkansas CITY OF FORT SMITH • Complying with subrecipient requirements under EPA's Subaward Policy • Determining/managing subawards in the Fort Smith AR -OK MSA • Overseeing local subrecipients and/or contractors and vendors for: • Alleyway rehabilitation • EV charging infrastructure • Public housing solar • Hiring and managing regional Energy Ambassador • Tracking and reporting to Metroplan on project progress on expenditures and purchases within the Fort Smith AR -OK MSA • Tracking, measuring, and reporting to Metroplan on accomplishments and proposed timelines and milestones within the Fort Smith AR -OK MSA 5E - 02F75801 - 0 Page 13 • Community and stakeholder outreach and education within the Fort Smith AR -OK MSA TRI-REGION SUBRECIPIENTS: 1) Trailblazers Develop, execute, manage, and promote the e-bike incentive program including: • Designing the parameters of the program such as eligible participants, eligible purchases, and prioritized applicants and/or areas; • Maintaining records and compiling reports to satisfy federal grant requirements; • Procuring a contractor, in accordance with federal standards, to provide digital administration of the e- bike voucher application and award system; • Coordinating with local bicycle shops in Northwest Arkansas, Central Arkansas, and Ft. Smith to encourage participation and connection with the contractor; • Organizing e-bike demonstrations and group rides to increase interest and teach safe e-bike operation; • Strategically promoting the program and elevating its visibility through targeted marketing, paid media, and compelling materials across many different channels; and • Leveraging existing partnerships with community organizations to advertise and market the program. • Tracking, measuring, and quarterly reporting to Metroplan on accomplishments and proposed timelines and milestones. 2) Arkansas Advanced Energy Foundation For Green Networks measure • Workforce capacity building and coordination • Develop curricula for workforce training and/or apprenticeships for jobs such as Central Arkansas and Fort Smith Energy Ambassadors, Energy Auditor, Weatherization Technician, Solar Installer, Electrician, EV Charging Technicians, EV Maintenance, Bicycle Mechanics. • Develop and implement workshops and trainings for existing agencies participating in CPRG implementation projects. • Develop recruiting strategy for employers and students. • Facilitate committee to guide workforce needs for CPRG implementation. �_��iiTa���[yd�lir�l:�►JI�1ii'in1:1�:i • - � �1���/G� • For a full description of AAEF's workforce development activities, see Section 5 of this workplan. 5E - 02F75801 - 0 Page 14 For Building Efficiency measure • Administration of CPRG-funded C-PACE Revolving Loan Fund in Central AR • Sign subaward agreement with Metroplan • Host workshop on program for county officials and commercial building owners from all 6 counties. • Meet with local banks and Community Development Finance Institutions. • Develop policies and procedures for Revolving Loan program. • Partner with Energy Ambassador to develop guidance for applicants. • Expand Pulaski County C-PACE district to at least 2 other counties. • Provide technical assistance to county officials to pass resolutions opting into C-PACE district. • Provide technical assistance to counties to join C-PACE board. • Competitively procure vendor to manage Revolving Loan Fund financing. Vendor will: • House and track loan capital • Identify a low interest rate for loans in partnership with AAEF • Work with AAEF to draft and finalize application requirements • Vet the credit worthiness of applicants • Work with county property assessors to establish repayment program • Report program performance quarterly to AAEF for inclusion in AAEF's report to Metroplan • Train board to review loan applications and govern program. • Establish application process • Provide technical assistance to board and applicants • Provide training and technical assistance to selected applicants • Monitor progress on building efficiency projects • Submit quarterly reports and measurement data 3) Watershed Conservation Resource Center (WCRC) • Coordinate, administer, design, and implement land and stream restoration for nine (9) projects within 5E - 02F75801 - 0 Page 15 the Cities of Fayetteville, Bella Vista, Bentonville, West Fork, and Johnson, and for the University of Arkansas; • complete and submit land restoration plan and stream restoration designs; • obtain landowner access, implementation, and maintenance permissions contract; • implement land and streamside riparian restoration; • obtain floodplain development, USACE 404, ADEQ stormwater, STAA regulatory and any other permits required for stream channel work; • competitively bid heavy equipment construction contractors for channel work; • procure restoration materials; • provide routine inspection and maintenance at restored sites and conduct repairs; • assist with stream and land restoration guidelines and plan review; • provide reporting to NWARPC and Metroplan. Workforce development in NWA • coordinate with partners and learning/training institutes to develop and implement a program that includes internships and apprenticeships to develop a skilled conservation -based workforce; • work with partners, conservation corps, and learning/training institutes to develop and conduct workforce training on the implementation of restoration practices; • assist with community engagement events that focus on historically underserved population; • assist with the development of certification requirements; • assist with advertisement of training/certification and job opportunities in the conservation field that reaches the historically underserved populations including apprenticeships; • provide quarterly workforce reporting to NWARPC and Metroplan. 4) Northwest Arkansas Land Trust • Coordinate with Cities and partners to develop and execute conservation easements on eight or more projects; • complete and submit land restoration plan; • implement and maintain land restoration for one project (Springtown Reforestation Project); • provide quarterly reporting to NWARPC and Metroplan. 5E - 02F75801 - 0 Page 16 5) City of Fayetteville • Procure contractors for the design and construction of trail for one project (River Commons Floodplain, Prairie, and Riparian Restoration, Preservation, and Trail Construction); • procure professional services to conduct assessment(s) to meet federal requirements for trail construction; • coordinate with WCRC on implementation of city restoration measures; • provide reporting on projects to NWARPC and Metroplan 6) University of Arkansas • Procure contractors for design and construction of trail for one project (University of Arkansas Oak Ridge Hillside Prairie and Forest Restoration and Trail Construction); • procure professional services to conduct assessment(s) to meet federal requirements for trail construction; • complete and submit land restoration plan; • coordinate with WCRC on implementation of University restoration measures; • provide reporting on projects to NWARPC and Metroplan. 7) City of Lowell • Procure contractors for design, permitting, (floodplain development, USACE 404, ADEQ stormwater, STAA regulatory and any other permits required for stream channel work) construction, and maintenance of stream and land restoration for one project (Puppy Creek Stream and Wetland Restoration and Preservation); • obtain landowner access, implementation, and maintenance permissions contracts; • prepare and submit land restoration plan and stream restoration designs; • identify sources and procure restoration materials; • provide reporting on projects to NWARPC and Metroplan. 8) City of Rogers Procure contractors for design and construction of trail for one project (Osage/Blossom Way Creeks Stream and Wetland Restoration, Preservation, and Trail Construction); procure professional services to conduct assessment(s) to meet federal requirements for trail construction; 5E - 02F75801 - 0 Page 17 procure contractors for design, permitting (floodplain development, USACE 404, ADEQ stormwater, STAA regulatory and any other permits required for stream channel work), construction, and maintenance of stream and land restoration for one project (Osage Creek) develop and implement streamside/stormwater easement program; prepare and submit land restoration planning and stream restoration designs; identify sources and procure restoration materials; provide reporting on projects to NWARPC and Metroplan. 9) City of Springdale • Procure contractors for design and construction of trail for one project (Willie George Park Wetland Restoration and Trail Construction); • procure professional services to conduct assessment(s) to meet federal requirements for trail construction; • procure contractors for design, permitting (floodplain development, USACE 404, ADEQ stormwater, STAA regulatory and any other permits required for stream channel work), construction, and maintenance of stream and land restoration for four projects (Lower Clear Creek Stream Restoration and Preservation/ Spring Creek at the Greenway Forest, Stream and Riparian Restoration and Preservation/ Spring Creek at Thunder Chicken Wetland, Stream and Riparian Restoration and Preservation/ Willie George Park Wetland Restoration and Trail Construction); • obtain landowner access, implementation, and maintenance permissions contracts; • prepare and submit land restoration planning and stream restoration designs; • identify sources and procure restoration materials; • provide reporting to NWARPC and Metroplan. 10) Illinois River Watershed Partnership • Develop plan, implement and maintain prairie and riparian restoration for one project (Prairie Grove Battlefield State Park Wetland, Prairie, and Riparian Restoration); • Procure contractors for design, permitting (floodplain development, USACE 404, ADEQ stormwater, STAA regulatory and any other permits required for stream channel work), construction, and maintenance of the stream restoration component. • submit land restoration plan and stream restoration design; • obtain landowner access, implementation, and maintenance permissions contract; • implement land and streamside riparian restoration; 5E - 02F75801 - 0 Page 18 • procure restoration materials; • provide reporting on projects to NWARPC and Metroplan. Workforce development in NWA • coordinate and advertise Workforce Development Workshops; • develop and implement community engagement events; and • assist with the development of certification program; and • Provide workforce reporting to NWARPC and Metroplan. 11) Central Arkansas Green Networks Pass -through Grant Recipients • Submit project proposal to Metroplan • Sign subaward agreement with Metroplan • Engage community in planning process • Procure land or establish conservation easements • Design project • Facilitate public comment • Final engineering and design • Obtain necessary permits • Competitively procure vendor(s) with workforce training as needed • Perform land restoration and/or trail construction work • Document work completed • Submit quarterly reports and measurement data 12) Central Arkansas EV Fleet Transition Pass -through Grant Recipients • Perform needs assessment regarding fleet replacement • Engage community in planning process • Submit project proposal to Metroplan • Sign subaward agreement with Metroplan 5E - 02F75801 - 0 Page 19 • Apply for available federal rebates • Competitively procure vehicles and EV charging stations for fleet vehicles • Participate in workforce training as needed for vehicle maintenance • Document work completed • Submit quarterly reports and measurement data 13) Central Arkansas EV Charging Pass -through Grant Recipients • Perform needs assessment regarding EV charger locations • Engage community in planning process • Map service area for EV charging stations (with Metroplan assistance) • Submit project proposal to Metroplan • Sign subaward agreement with Metroplan • Apply for available federal rebates • Obtain necessary permits • Competitively procure vendor(s), with workforce training as needed • Implement EV charging stations in mapped service area • Document work completed • Submit quarterly reports and measurement data 14) Clinton National Airport • Sign subaward agreement with Metroplan • Obtain all necessary approvals and permits for well field construction • Complete design and engineering • Competitively procure construction vendor • Well field construction • Secure additional funding for completion of geothermal Central Utility Plant. LIT's funding plan for the CUP is included in Section 1.a.v. - Risks and Mitigation Strategies of this workplan. 5E - 02F75801 - 0 Page 20 • Submit quarterly reports and measurement data 15) Central Arkansas Energy Savings Performance • Partner with Metroplan's Energy Ambassador to learn about ESPC process • Perform needs assessment regarding building efficiency upgrades • Engage community in planning process 16) Contracting Grant through Grant recipients • Apply for ESPC pass -through grant from Metroplan • Sign subaward agreement with Metroplan • Send RFP to vendors on AEO's Qualified Vendor List • Competitively procure Energy Services Company (ESCO) • Facilitate vendor walkthroughs and interviews • Prioritize energy efficient upgrades • Secure financing • Complete building upgrades and test equipment • Complete staff training on new equipment • Submit quarterly reports and measurement data to Metroplan upon installation of all upgrades Administrative Conditions General Terms and Conditions 5E - 02F75801 - 0 Page 21 The recipient agrees to comply with the current Environmental Protection Agency (EPA) general terms and conditions available at: https://www.epa.gov/system/files/documents/2024- 10/fy_2025_epa_general_terms_and_conditions_effective_october 1_2024_or later.pdf These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at: https://www.epa. gov/grants/grant-terms-and-conditions#general. A. Correspondence Condition The terms and conditions of this agreement require the submittal of reports, specific requests for approval, or notifications to EPA. Unless otherwise noted, all such correspondence should be sent to the following email addresses: • Federal Financial Reports (SF-425): rtpfc-grantsaepa.gov and Salena Reynolds, Grant Specialist, reynolds.salena&epa.gov • MBE/WBE reports (EPA Form 5700-52A): Debora Bradford, DBE Coordinator, bradford. debora6d)epa.gov and Salena Reynolds, Grant Specialist, reynolds.salena&epa.gov • All other forms/certifications/assurances, Indirect Cost Rate Agreements, Requests for Extensions of the Budget and Project Period, Amendment Requests, Requests for other Prior Approvals, updates to recipient information (including email addresses, changes in contact information or changes in authorized representatives) and other notifications: Salena Reynolds, Grant Specialist, reynolds.salena&epa.gov; Silvana Palacios-Guberti, Silvana PalaciosGuberti. Silvana aaepa.aov; rtpfc-grantsCd)epa.gov • Payment requests (if applicable): rtpfc-grants&e_pa.gov • Quality Assurance documents, workplan revisions, equipment lists, programmatic reports and Silvana Palacios-Guberti, Silvana PalaciosGuberti.Silvana&epa.gov; rtpfc-e rq ants@eaa.gov 5E - 02F75801 - 0 Page 22 Programmatic Conditions Climate Pollution Reduction Implementation Grants Programmatic Terms and Conditions A. Deliverables The first phase of the Climate Pollution Reduction Grants (CPRG) program provided funding for designing Priority Climate Action Plans (PCAPs) that incorporate a variety of measures (i.e., programs, policies, measures, and projects) that reduce greenhouse gas (GHG) emissions. The purpose of this CPRG Implementation assistance agreement is to implement proposed measures within a specified PCAP identified in the CPRG Implementation Grant General Competition application. All programs, policies, measures, and projects contained in the final, approved CPRG implementation assistance agreement workplan are required deliverables. The recipient agrees to implement GHG reduction programs, policies, projects, and measures (collectively referred to as "GHG reduction measures," or "measures") identified in a PCAP developed under a CPRG planning grant and included in the CPRG implementation grant workplan. The recipient agrees to ensure that each is successfully implemented before the end of the grant project period. The recipient agrees to successful project implementation, which includes the process of putting a decision or plan into effect; executing the program, policies, projects and/or measures, not just planning or designing the programs, policies, projects and/or measures. The recipient agrees to adequately describe the actual environmental outputs and outcomes achieved, including actual GHG emissions reduced, not just the expected outputs and outcomes of the proposed measures. Clean Air Act (CAA) section 137 also requires that CPRG Implementation grant recipients address the degree to which a grant reduces GHG emissions in total and with respect to low-income and disadvantaged communities, where "greenhouse gas" refers to the air pollutants carbon dioxide (CO2), hydrofluorocarbons (HFCs), methane (CH4), nitrous oxide (N2O), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). To the best of their ability, the recipient agrees to: implement GHG emission reduction programs, policies, measures, and projects that are expected to reduce GHG emissions (or enhance GHG removals) by the estimated cumulative total GHG emission reductions from the final approved workplan; • only report emission reductions occurring as a result of CPRG funding; and • only report emission reduction data in units of million metric tons of carbon dioxide equivalent (MMTCO2e) where appropriate, calculated using the global warming potentials (GWP) in the International Panel on Climate Change's (IPCC) Fifth Assessment Report. Refer to the Notice of Funding Opportunity, EPA-R-OAR-CPRGI-23-07 (https://www.epa. gov/system/files/documents/2023-09/CPRG General Competition NOFO.pdf), Appendix B, Global Warming Potentials for GHGs, for details about how to apply GWP values for different gases. For the measures included in the final, approved assistance agreement work plan, the recipient agrees to provide transparent GHG emission reduction estimates based on high -quality, thorough, reasonable, and comprehensive methodologies, assumptions, and calculations. Examples of tools that could be used to assist in these GHG quantifications can be found at: https://www.epa.gov/inflation-reduction-act/climate- pollution-reduction-grants. 5E - 02F75801 - 0 Page 23 B. Final Approved Work Plan and Modifications The recipient agrees to implement the measures in the EPA -approved work plan that will achieve significant cumulative GHG reductions by 2030 and beyond. Recipient agrees to carry out the project in accordance with the final approved workplan. Recipients are required to report deviations from budget or project scope or objective, and must request prior written approval from the EPA: • For any change in the scope or objective of the project or program (even if there is no associated budget revision requiring prior written approval); • For change in key personnel (including employees and contractors) that are identified by name or position in the Federal award; • For the disengagement from a project for more than three months, or a 25% reduction in time and effort devoted to the Federal award over the course of the period of performance, by the approved project director or principal investigator; • For the inclusion of costs that require prior approval in accordance with 2 CFR Part 200 Subpart E—Cost Principles or 48 CFR part 31, "Contract Cost Principles and Procedures," as applicable; • For the transfer of funds budgeted for participant support costs as defined in 2 CFR Section 200.1 Definitions to other budget categories; • For the subawarding, transferring or contracting out of any work under the award; — Changes in the total approved cost -sharing amount — When the need arises for additional Federal funds to complete the project. Proposed modifications to the approved work plan or budget, including additions, deletions, or changes in the schedule, shall be submitted in a timely manner to the EPA Project Officer for approval. Depending on the type or scope of changes, a formal amendment to the award may be necessary. Major project modifications may include but are not limited to: changes to the approved environmental results, outputs or outcomes, types and number of affected devices or equipment, the approved types of emission reduction technologies to be implemented, specific programs or policies to be adopted, or changes to the approved project location(s). Any change that would significantly alter the cumulative GHG reductions achieved by 2030 and beyond and affect the achievement of community benefits, especially in low- income and disadvantaged communities, may not be allowed. The recipient shall not make changes to the proposed activities in the EPA -approved work plan without prior written approval from the EPA. The recipient shall contact the EPA Project Officer with the proposed changes; however, depending on the type of change, the Agency Award Official or Grant Management Officer may need to make the final determination. If issues regarding proposed measures arise that cannot be resolved, the EPA may elect to terminate the assistance agreement, and/or if applicable, recover ineligible expenditures from the recipient. Any significant changes to the approved work plan that would result in undermining the integrity of the award competition will not be approved. For grants that are awarded to a recipient that is serving as the lead for a coalition under the CPRG 5E - 02F75801 - 0 Page 24 program, the recipient agrees to abide by the terms set out in the Memorandum of Agreement (MOA), including the roles, responsibilities, and commitments that each partner will provide to ensure project success, the operating model for the coalition, and the resources that each partner will contribute to the project. As established in the CPRG coalition's MCA, the lead applicant is accountable to the EPA and accepts full responsibility for effectively carrying out the full scope of work and proper financial management of the grant. Coalition members who are grant subrecipients are accountable to the lead applicant for proposed use of EPA funding and successful project implementation. The recipient shall not make changes to the signed MOA without prior written approval from the EPA. C. Performance Reporting and Final Performance Report 1. Performance Reports - Content The recipient agrees to inform the EPA as soon as it is aware of problems, delays, or adverse conditions that will materially impair the recipient's ability to meet the outputs/outcomes specified in the final, approved assistance agreement work plan. The recipient agrees to inform the EPA immediately rather than waiting until the next performance report is due. The recipient agrees to adequately describe the actual environmental outputs and outcomes achieved, not just the expected outputs and outcomes of the proposed measures. The recipient agrees to report out on each performance measures that will be the mechanism to track, measure, and report progress toward achieving the expected outputs and outcomes for each GHG reduction measure. The recipient agrees to track and report separately on the work conducted and GHG emissions reductions for each measure (program, policy, measure, or project) specified in the final, approved assistance agreement work plan. Recipients also agree to track and report separately on the budgets for each measure. In accordance with 2 CFR 200.329, the recipient agrees to submit semi-annual, one-year, and final performance progress reports that include brief information on each of the areas specified below. To ensure the EPA can effectively monitor progress towards the achievement of measures, the recipient also agrees to report progress for each measure identified in the final, approved assistance agreement work plan as soon as work is completed and information is available. a. Semi -Annual: The recipient agrees to submit semi-annual performance reports that include brief information on each of the following areas- (1) a comparison of actual technical progress and milestones achieved during the reporting period to the outputs/outcomes and performance measures established in the final, approved assistance agreement work plan, which may include technical changes made to the project, public events conducted, websites published, release of public -facing documents or tools, or other reportable activities described in the work plan; (2) a consolidated budget update with separate tracking for each measure (that is, how much was spent on equipment, supplies, contractors, subgrants, etc., during the reporting period and cumulatively) and, when appropriate, additional pertinent information such as analysis and explanation of cost overruns, high -unit costs, cost -share expenditures, program income, infrastructure costs subject to Buy America, Build America (BABA) compliance, or requested budget modifications (for example, when the recipient is requesting to move funding from one budget category to another); (3) if necessary, a description of the reasons why any implementation timeline milestones or 5E - 02F75801 - 0 Page 25 outputs/outcomes were missed for each measure established in the final, approved assistance agreement work plan, including the recipient's strategy to address challenges faced and/or the recipient's approach to ensure that the approved outputs/outcomes for each measure will be achieved within the period of performance; (4) documentation of community engagement activities conducted in low-income and disadvantaged communities for each measure, which describes how the activities were publicized, categorizes respondents/attendees (e.g., the number of people from Tribal governments, federal government, state government, local government, nonprofits, for profits, universities, and the public), explains how input from participants was considered in decisions for implementing the measure, and details how meaningful engagement with low-income and disadvantaged communities will be continuously included in the development and implementation of the measure; (5) as applicable, strategies for mitigating environmental risks; (6) a description of any climate resiliency planning, siting, design, and operation of the project. (7) as applicable, updates to individuals, including those from coalition members, who serve as key contacts and/or any changes to the roles and responsibilities of key contacts involved in each measure and the reason(s) for the change(s); (8) as applicable, updates regarding which organizations have the authority to implement each measure and the reason(s) for the change(s); (9) as applicable, updates regarding changes to contracts, subgrants, and participant support costs; (10) as applicable, progress on generating high -quality jobs with a diverse, highly skilled workforce and support of strong labor standards; and (11) summary of anticipated activities for the next 6-month reporting period. b. One-year report: As part of the second semi-annual progress report (i.e. the more detailed one-year report), the recipient agrees to report the additional data to the EPA using the reporting template from the EPA's Information Collection Request 2806.01, Office of Management and Budget (OMB) Control Number 2060-0763. The reporting template will be made available to grant recipients through an electronic data interface to be specified by EPA upon approval of the Information Collection Request. This includes co -pollutant emissions reductions of each pollutant impacted by each measure, the sector impacted, and the county in which the emissions change. In addition, the recipient agrees to report the Climate and Economic Justice Screening Tool (CEJST) Census tract IDs or the EPA's EJScreen Census block group IDs for areas affected by GHG reduction measures, consistent with the EPA's definition of low-income and disadvantaged communities for the CPRG program. c. Final Report: The recipient also agrees to submit a detailed final report and to report certain data associated with the final report to the EPA using the reporting template from the EPA's Information Collection Request 2806.01, OMB Control Number 2060-0763. d. Subaward Performance Reporting Subawards establish a financial assistance relationship under which the subrecipient's employees and 5E - 02F75801 - 0 Page 26 contractors implement programs and projects to accomplish the goals and objectives of the grant. Subrecipients (which includes Coalition members) are subject to the same federal requirements as the pass -through entity. (For more details, see General Terms and Conditions 8. Establishing and Managing Subawards, applicable provisions of 2 CFR Part 200, the EPA's Subaward Policy). The recipient must report on its subaward monitoring activities under 2 CFR 200.332(d). Examples of items that must be reported if the pass -through entity has the information available are: (1) Summaries of results of reviews of financial and programmatic reports. (2) Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient performance. (3) Environmental results the subrecipient achieved. (4) Summaries of audit findings and related pass -through entity management decisions. (5) Actions the pass -through entity has taken to correct deficiencies such as those specified at 2 CFR 200.332(e), 2 CFR 200.208 and the 2 CFR Part 200.339 Remedies for Noncompliance. As with any EPA grant with a grant recipient subawarding to subrecipients, the grant recipient is accountable to the EPA and accepts responsibility for carrying out the full scope of work and proper financial management of the grant. In the event that a coalition member withdraws, the grant recipient continues to be subject to the EPA's terms and conditions for the grant, the subaward policy, and EPA grants policy. In circumstances where the EPA deems that the withdrawal of a coalition member fundamentally alters the project or jeopardizes the project's success, the EPA will consider appropriate remedies and reserves the right to terminate an awarded grant (see 2 CFR 200.339 through 343) 2. Performance Reports - Frequency The recipient agrees to submit semi-annual performance reports electronically to the EPA Project Officer within 30 days after the six-month reporting period ends. Semi-annual reports are due according to the following schedule. If a due date falls on a weekend or holiday, the report will be due on the next business day. If a project start date falls within a defined reporting period, the recipient must report for that period by the given due date unless otherwise noted. This semi-annual reporting schedule shall be repeated for the duration of the award agreement. October 1 — March 31 Reporting Period: report due April 30 April 1 — September 30 Reporting Period: report due October 30 As part of the second semi-annual performance report that is submitted one year after the grant award, the recipient agrees to submit the one-year performance report that includes the additional details specified above in section C.1.b. The recipient must submit the final performance report no later than 120 calendar days after the end date of the period of performance. D. Allowable and Unallowable Activities 5E - 02F75801 - 0 Page 27 The recipient agrees to only use this CPRG Implementation grant award funding to implement measures in the EPA approved workplan for this CPRG Implementation grant and follow the grant Terms and Conditions. All costs charged to the award to support these activities must meet the requirements for allowability under 2 CFR Part 200, Subpart E as well as applicable provisions of 2 CFR Part 1500. In addition, the recipient agrees to obtain prior approval from the EPA Award Official prior to the expenditure of the award for financial assistance as well as other activities that involve acquiring real property, including related equipment purchases, if not already in the EPA approved work plan. The recipient agrees to not use the award for the following unallowable activities: (a) activities that are not in the EPA approved work plan; (b) activities that support measures, activities or projects outside the boundaries of the ten EPA regions. The recipient also agrees not to use this CPRG award to replace existing program federal funding, but the recipient may use CPRG funds to supplement or expand existing programs. The recipient also agrees not to use the award for activities associated with defending against, settling, or satisfying a claim by a private litigant, except when either (a) the claim stems from the recipient's compliance with the terms and conditions of the award agreement or (b) the recipient has obtained prior written approval from the EPA Project Officer. The recipient agrees to not use the award to aid regulated entities to comply with EPA regulatory requirements. E. Davis -Bacon Related Act Term and Condition 1. Program Applicability a. Climate Pollution Reduction Implementation Grants. b. Section 314 of the Clean Air Act. c. Construction activities conducted under a Climate Pollution Reduction Implementation Grant. b. The recipient must work with the appropriate authorities to determine wage classifications for the specific project(s) or activities subject to Davis Bacon under this grant. 2. Davis -Bacon and Related Acts Davis -Bacon and Related Acts (DBRA) (https://www.dol.gov/agencies/whd/government- contracts/construction) is a collection of labor standards provisions administered by the Department of Labor, that are applicable to grants involving construction. These labor standards include the: a. Davis -Bacon Act, which requires payment of prevailing wage rates for laborers and mechanics on construction contracts of $2,000 or more; b. Copeland "Anti -Kickback" Act, which prohibits a contractor or subcontractor from inducing an employee into giving up any part of the compensation to which he or she is entitled; and c. Contract Work Hours and Safety Standards Act, which requires overtime wages to be paid for over 40 hours of work per week, under contracts in excess of $100,000. 5E - 02F75801 - 0 Page 28 3. Recipient Responsibilities When Entering Into and Managing Contracts a. Solicitation and Contract Requirements: (1) Include the Correct Wage Determinations in Bid Solicitations and Contracts: Recipients are responsible for complying with the procedures provided in 29 CFR 1.6 when soliciting bids and awarding contracts. (2) Include DBRA Requirements in All Contracts: Include the following text on all contracts under this grant: "By accepting this contract, the contractor acknowledges and agrees to the terms provided in the DBRA Requirements for Contractors and Subcontractors Under EPA Grants (https://www.epa.gov/grants/contract-provisions-davis-bacon-and-related-acts)." b. After Award of Contract: (1) Approve and Submit Requests for Additional Wages Rates: Work with contractors to request additional wage rates if required for contracts under this grant, as provided in 29 CFR 5.5(aj(1) iii . (2) Provide Oversight of Contractors to Ensure Compliance with DBRA Provisions: Ensure contractor compliance with the terms of the contract, as required by 29 CFR 5.6. 4. Recipient Responsibilities When Establishing and Managing Additional Subawards a. Include DBRA Requirements in All Subawards (including Loans): Include the following text on all subawards under this grant: "By accepting this award, the EPA subrecipient acknowledges and agrees to the terms and conditions provided in the DBRA Requirements for EPA Subrecipients (https://www.epa. gov/grants/contract-provisions-davis-bacon-and-related-acts)." b. Provide Oversight to Ensure Compliance with DBRA Provisions: Recipients are responsible for oversight of subrecipients and must ensure subrecipients comply with the requirements in 29 CFR 5.6. 5. Consideration as Part of Every Prime Contract Covered by DBRA The contract clauses set forth in this Term & Condition, along with the correct wage determinations, will be considered to be a part of every prime contract covered by Davis -Bacon and Related Acts (see 29 CFR 5.1), and will be effective by operation of law, whether or not they are included or incorporated by reference into such contract, unless the Department of Labor grants a variance, tolerance, or exemption. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. F. Cybersecurity Condition 1. Cybersecurity Grant Condition for Other Recipients, Including Intertribal Consortia a. The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State or Tribal law cybersecurity requirements. 5E - 02F75801 - 0 Page 29 b. (1) The EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user -controlled connections such as website browsing are excluded from this definition. If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or the EPA's Central Data Exchange, the recipient agrees to contact the EPA PO no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by the EPA's regulatory programs for the submission of reporting and/or compliance data. (2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or the EPA's Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.332(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and the EPA. G. Climate Resilience: To the extent practicable, the recipient agrees to incorporate current and future climate change risk in planning, siting, design, and operation of the project. Approaches for incorporating climate change risk may make use of climate change data and information (e.g., projections and emission scenarios) that are reflective of the project's anticipated lifespan. This includes consideration of the climate change risks posed to the individuals, communities, local governments, organizations, or other entities served by the project over its anticipated lifespan. H. Subawards Refer to the General Terms and Condition, 8. "Establishing and Managing Subawards" and EPA Subaward Policy webpage (https://www.epa.gov/grants/grants-policy-issuance-gpi-16-01-epa-subaward- policy-epa-assistance-agreement-recipients) for access to additional information, including a subaward agreement template found in Appendix D. The recipient must include the Build America, Buy America terms in any subawards, request for proposals, or solicitations for bids, and in all contracts. I. Subawards for For -profit Entities In addition to the EPA General Term and Condition "Establishing and Managing Subawards", the recipient (i.e. "pass -through entity") agrees to require that for -profit subrecipients comply with Subparts A through F of the Uniform Grant Guidance (2 CFR Part 200) and the Federal cost principles applicable to for -profit entities located at 48 CFR Part 31, with the exception of the method of payment to for -profit 5E - 02F75801 - 0 Page 30 subrecipients must be "reimbursement" rather than "advance". Pass -through entities must obtain documentation that the for -profit subrecipient has incurred eligible and allowable costs prior to releasing EPA funds to the subrecipient. I Equipment and Devices 1. Procurement of Systems, Equipment and Devices When purchasing replacement systems, equipment and/or devices, the recipient agrees the replacement systems, equipment or device: a. will continue to perform a similar function and operation as the system, equipment or device that is being permanently rendered inoperable; b. will achieve the estimated emission reductions included in the EPA -approved work plan; and c. is consistent in its intended use, operation and location as described in the EPA -approved work plan. The procurement of systems, equipment or devices should follow the EPA's Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements (https://www.epa. gov/grants/best-practice-guide-procuring-services-supplies-and-equipment-under-epa-assistance). 2. Operation and Maintenance The recipient will assure the continued proper operation and maintenance of systems, equipment and devices funded under this agreement. Such practices shall be operated and maintained for the expected lifespan of the specific measure and in accordance with commonly accepted design standards and specifications. The recipient shall include a provision in every applicable sub -agreement (subaward or contract) awarded under this grant requiring that the management practices for the project be properly operated and maintained. Likewise, the sub -agreement will assure that similar provisions are included in any sub -agreements that are awarded by the sub -recipient. 3. Equipment Use and Management Equipment is defined as tangible personal property having a useful life of more than one year and a per - unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non - Federal entity for financial statement purposes (see Capital assets at 2 CFR 200.1 Definitions), or the amount specified in Equipment at 2 CFR 200.1. Under 2 CFR 200.313, if the CPRG grant recipient purchases equipment with CPRG federally -awarded funds, title to the equipment vests in the grant recipient and there will be no ongoing requirements for the grant recipient for the purchased equipment after the end of the grant period. These conditions must be met by the grant recipient for equipment use and management during the grant period: a. Use the equipment for the authorized purposes of the project during the period of performance or until the property is no longer needed for the purposes of the project. 5E - 02F75801 - 0 Page 31 b. Not encumber the property without approval of the Federal awarding agency or pass -through entity. c. Use and dispose of the property as described below. Equipment use and management instructions are applicable to assistance agreement recipients and subrecipients acquiring equipment under this award. Per 2 CFR 200.313(b), state agencies may use and manage equipment acquired through a Federal award by the state in accordance with state laws and procedures. Per 2 CFR 200.313(b), Indian Tribes must use, manage, and dispose of equipment acquired under a Federal award in accordance with tribal laws and procedures. Recipient agrees that at the end of the project period the recipient will continue to use the equipment purchased under this assistance agreement in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award. After the end of the grant period, equipment purchased under this award that is no longer needed, may be retained, sold, or otherwise disposed of with no further obligation to the Federal awarding agency. Consistent with 2 CFR 200.313, unless instructed otherwise, a grant recipient may keep the equipment and continue to use it on the project originally funded through this assistance agreement or on other federally funded projects whether or not the project or program continues to be supported by Federal funds. When acquiring replacement equipment, the non -Federal entity may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property. Subrecipients are subject to the same federal requirements as the grant recipient (also known as the "pass -through entity") and they must comply with applicable subaward provisions of 2 CFR Part 200, the EPA Subaward Policy, and the EPA's General Term and Condition for Subawards. Under 2 CFR 200.313, if the CPRG grant recipient purchases equipment with CPRG federally -awarded funds, title to the equipment vests with the grant recipient and there will be no ongoing requirements for the grant recipient for the purchased equipment after the end of the grant period. In this case, equipment includes systems, equipment and devices. K. Quality Assurance Authority: Quality Assurance applies to all assistance agreements involving environmental information as defined in 2 C.F.R. § 1500.12 Quality Assurance. The recipient shall ensure that subawards involving environmental information issued under this agreement include appropriate quality requirements for the work. The recipient shall ensure sub -award recipients develop and implement a Quality Assurance (QA) planning document in accordance with this term and condition; and/or ensure sub -award recipients implement all applicable approved QA planning documents. 1. Quality Management Plan (QMP) a. Prior to beginning environmental information operations, the recipient must: i. Submit a previously EPA -approved and current QMP, 5E - 02F75801 - 0 Page 32 ii. The EPA Quality Assurance Manager or designee (hereafter referred to as QAM) will notify the recipient and EPA Project Officer (PO) in writing if the QMP is acceptable for this agreement. b. The recipient must submit the QMP within 90 days after grant award, and/or no more than 180 days after grant award. c. The recipient must review their approved QMP at least annually. These documented reviews shall be made available to the sponsoring EPA organization if requested. When necessary, the recipient shall revise its QMP to incorporate minor changes and notify the EPA PO and QAM of the changes. If significant changes have been made to the Quality Program that affect the performance of environmental information operations, it may be necessary to re -submit the entire QMP for re -approval. In general, a copy of any QMP revision(s) made during the year should be submitted to the EPA PO and QAM in writing when such changes occur. Conditions requiring the revision and resubmittal of an approved QMP can be found in section 6 of EPA's Quality Management Plan (QMP) Standard. 2. Quality Assurance Project Plan (QAPP) a. Prior to beginning environmental information operations, the recipient must: i. Develop a QAPP, ii. Prepare QAPP in accordance with the current version of EPA's Quality Assurance Project Plan (QAPP) Standard, iii. Submit the document for EPA review, and iv. Obtain EPA Quality Assurance Manager or designee (hereafter referred to as QAM) approval. For Reference: • Quality Management Plan (QMP) Standard and EPA's Quality Assurance Project Plan (QAPP) Standard; contain quality specifications for EPA and non -EPA organizations and definitions applicable to these terms and conditions. • EPA QA/G-5: Guidance for Quality Assurance Project Plans. • EPA's Quality Program website has a list of QA managers, and Specifications for EPA and Non -EPA Organizations. • The Office of Grants and Debarment Implementation of Quality Assurance Requirements for Organizations Receiving EPA Financial Assistance. L. Retention / Required Documentation In accordance with 2 CFR 200.334, the recipient must retain all Federal award records, including but not limited to, financial records, supporting documents, and statistical records for at least three years from the date of submission of the final financial report. The records must be retained until all litigation, claims, or audit findings have been resolved and final action has been taken if any litigation, claim, or audit is started before the expiration of the three-year period. Examples of the required records include: (1) time 5E - 02F75801 - 0 Page 33 and attendance records and supporting documentation; and (2) documentation of compliance with statutes and regulations that apply to the project. In accordance with 2 CFR 200.337, the EPA, the Inspector General, the Comptroller General, and the pass -through entity, or any of their authorized representatives, have the right of access to any documents, papers or records of the recipient which are pertinent to the grant award. The rights of access are not limited to the required retention period, but last as long as the records are retained. If the demonstration projects or activities, device and/or the device components are to be sold, the recipient must comply with the program income requirements (see the Program Income section below). M. Program Audit The EPA will conduct random reviews of recipients to protect against waste, fraud, and abuse. As part of this process, the EPA, or its authorized representatives may request documentation from current recipients to verify statements made on the application and reporting documents. Recipients may be selected for advanced monitoring, including a potential site visit to confirm project details. The EPA, or its authorized representatives, may also conduct site visits to confirm documentation is on hand and that the project is completed as agreed upon, as well as confirm applicable infrastructure adheres to Build America, Buy America (BABA) requirements. Recipients are expected to comply with site visit requests and recordkeeping requirements and must supply the EPA with any requested documents for three years from the date of submission of the final expenditure report, or risk cancellation of an active grant application or other enforcement action. N. Use of Submitted Information Applications and reporting materials submitted under this competition may be released in part or in whole in response to a Freedom of Information Act (FOIA) request. The EPA recommends that applications and reporting materials not include trade secrets or commercial or financial information that is confidential or privileged, or sensitive information that, if disclosed, would invade another individual's personal privacy (e.g., an individual's salary, personal email addresses, etc.). However, if such information is included, it will be treated in accordance with 40 CFR 2.203. (Review EPA clause IV.a, Confidential Business Information, under EPA Solicitation Clauses (https://www.epa.gov/grants/epa-solicitation-clauses)). The EPA may make publicly available on the EPA's website or another public website copies or portions of CPRG grant project information. The EPA reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, for federal purposes, submitted project photos, including use in program materials. O. Program Income In accordance with 2 CFR Part 200.307(b) and 2 CFR 1500.8(b), the recipient is hereby authorized to retain program income earned during the project period. The program income shall be used in one of the following ways: 1. Added to funds committed to the project by the EPA and used for the purposes and under the 5E - 02F75801 - 0 Page 34 conditions of the assistance agreement. The recipient must provide a description of how program income is being used in each of its performance reports. Further, a report on the amount of program income earned during the award period must be submitted with the Federal Financial Report, Standard Form 425. In accordance with 2 CFR 200.307(b) costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the EPA award. The recipient must retain adequate accounting records to document that any costs deducted from program income comply with regulatory requirements. P. Participant Support Costs Participant support costs include rebates, subsidies, stipends, or other payments to program beneficiaries. Participant support costs are not subawards as defined by 2 CFR §200.1 and should not be treated as such. Program beneficiaries may be individual owner/operators or private or public fleet owners, however program beneficiaries cannot be employees, contractors or subrecipients of the grant recipient. The recipient may provide financial assistance and project -deployment technical assistance to enable low-income and disadvantaged communities to deploy and benefit from eligible zero emissions technologies in the form of participant support costs. The recipient agrees to the following eligibility, restrictions, timelines, and other programmatic requirements on participant support costs: 1. Participant support costs must be reasonable, incurred within the project period and otherwise allocable to the EPA assistance agreement. Participant support costs for rebates must be supported by guidelines issued by the recipient and approved by the EPA's Award Official or Grants Management Officer, defining the rules, restrictions, timelines, programmatic requirements, reporting and transaction documentation requirements, eligibility, and funding levels that rebate beneficiaries must follow. 2. Recipient must abide by EPA Participant Support Cost regulation(s) and guidelines including but not limited to "Interim EPA Guidance on Participant Support Costs" (https://www.epa.gov/grants/rain-2018- "The EPA Guidance on Participant Support Costs" specifies requirements for rebate program approval by Authorized EPA Officials. 3. Recipient must enter into a written agreement with the program beneficiary that receives participant support costs. Such agreement should not be structured as a subaward agreement, and the administrative grant regulations under 2 CFR Part 200 and 2 CFR Part 1500, as well as the EPA's general terms and conditions do not flow down to program beneficiaries receiving participant support costs. Such written agreement is also required if a subrecipient or contractor intends to issue participant support costs to a program beneficiary. The written agreement must: a. describe the activities that will be supported by rebates, stipends, subsidies or other payments; b. specify the amount of the rebate, subsidy, stipend, or other payment; c. identify which party will have title to equipment (if any) purchased with a rebate or subsidy or other payment; 5E - 02F75801 - 0 Page 35 d. specify any reporting required by the program beneficiary and the length of time for such reporting; e. establish source documentation requirements (e.g., invoices) for accounting records; and f. describe purchasing controls to ensure that the amount of the participant support cost is determined in a commercially reasonable manner as required by 2 CFR 200.404. 4. Recipient must obtain prior written approval from the EPA's Award Official if recipient wants to transfer funds budgeted for participant support costs to other budget categories. If the recipient's request would result in undermining the integrity of the competition this grant or cooperative agreement was awarded under, the EPA will not approve the request. Rebates, subsidies, and similar one-time, lump -sum payments to program beneficiaries for the purchase of eligible emissions control technologies and vehicle replacements are eligible participant support costs under this award when the program participant rather than the recipient owns the equipment, per 2 CFR 1500.1(a)(1). Engine replacements, marine and locomotive shorepower projects, and most electrified parking space technology projects are not eligible as participant support costs. Rebates can only fund a participating fleet owner's equipment purchase and installation costs (i.e. parts and labor, including costs incurred to scrap the existing vehicle); if a participating fleet owner requires funding for project administration, travel, extensive design/engineering, construction, etc., in order to carry out the project a subaward is the more appropriate option. Questions regarding the use of rebates under this award should be directed to the EPA Project Officer. Rebates are not considered su bawards/su bg rants as defined in 2 CFR Part 200 and should not be treated as such under this award. Q. Real Property In accordance with 2 CFR 200.311, title to real property acquired or improved under this agreement will vest upon acquisition in the recipient. This property must be used for the originally authorized purpose as long as needed for that purpose, during which time the recipient must not dispose of or encumber its title or other interests. 1. Disposition When real property is no longer needed for the originally authorized purpose, the recipient must obtain disposition instructions from the EPA. The instructions will provide for one of the following alternatives: a. Retain title after compensating the EPA. The amount paid to the EPA will be calculated by multiplying the percentage of EPA's contribution towards the original purchase (and costs of any improvements) by the current fair market value of the property. However, in those situations where recipient is disposing of real property acquired or improved with a Federal award and acquiring replacement real property under the same Federal award, the net proceeds from the disposition may be used as an offset to the cost of the replacement property. b. Sell the property and compensate the EPA. The amount paid to the EPA will be calculated by multiplying the percentage of EPA's contribution towards the original purchase (and cost of any improvements) by the proceeds of the sale after deducting any actual and reasonable expenses paid to sell or fix up the property for sale. When the Federal award has not been closed out, the net proceeds from the sale may be offset against the original cost of the property. When directed to sell the property, 5E - 02F75801 - 0 Page 36 the recipient must sell the property utilizing procedures that provide for competition to the extent practicable and that result in the highest possible return. c. Transfer title to the EPA or a third party designated/approved by the EPA. The recipient is entitled to be paid an amount calculated by multiplying the percentage of the recipient's contribution towards the original purchase of the real property (and cost of any improvements) by the current fair market value of the property. 2. Recordation As authorized by 2 CFR 200.316, the EPA requires that recipients who use EPA funding to purchase real property or to improve real property through an EPA funded construction project record a lien or similar notice in the real property records for the jurisdiction in which the real property is located which indicates that the real property has been acquired or improved with federal funding and that use and disposition conditions apply to the real property. R. Signage Requirements 1. Investing in America Emblem The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by the EPA for using the official Investing in America emblem available at: https://www.epa.gov/invest/investing- america-signage 2. Procuring Signs Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or the EPA logo or seal) into the appropriate non-English language (s). The costs of such translation are allowable, provided the costs are reasonable. S. Use of Logos If the EPA logo is appearing along with logos from other participating entities on websites, outreach materials, or reports, it must not be prominently displayed to imply that any of the recipient or subrecipient's activities are being conducted by the EPA. Instead, the EPA logo should be accompanied with a statement indicating that the Metroplan received financial support from the EPA under an Assistance Agreement. More information is available at: https://www.epa.gov/stylebook/using-epa-seal- and-logo#policy 5E - 02F75801 - 0 Page 37 T. Public or Media Events The EPA encourages the recipient to notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to construction projects as a result of this agreement and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days' notice. U. National Programmatic Term and Condition for Fellowship, Internship Programs and Similar Programs Supported by EPA Financial Assistance 1. EPA funds for this program may only be used for participant support cost payments, scholarships, tuition remission and other forms of student aid for citizens of the United States, its territories, or possessions, or for individuals lawfully admitted to the United States for permanent residence. 2. The recipient and program participants are responsible for taxes, if any, on payments made to or on behalf of individuals participating in this program that are allowable as participant support costs under 2 CFR 200.1 or 2 CFR 200.456 and scholarships and other forms of student aid such as tuition remission under 2 CFR 200.466. The EPA encourages recipients and program participants to consult their tax advisers, the U.S. Internal Revenue Service, or state and local tax authorities regarding the taxability of stipends, tuition remission and other payments. However, the EPA does not provide advice on tax issues relating to these payments. 3. Participant support cost payments, scholarships, and other forms of student aid such as tuition remission are lower tiered covered Nonprocurement transactions for the purposes of 2 CFR 180.300 and the EPA's Suspension and Debarment Term and Condition. Recipients, therefore, may not make participant support cost payments to individuals who are excluded from participation in Federal Nonprocurement programs under 2 CFR Part 180. Recipients are responsible for checking the eligibility of program participants in the System for Award Management (SAM) or obtaining eligibility certifications from the program participants. See EPA Guidance on Participant Support Costs: https://www.epa.gov/sites/default/files/2020- 11 /documents/epa-guidance-on-participant-support-costs.pdf. V. Competency of Organizations Generating Environmental Measurement Data In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency -Funded Assistance Agreements. Recipient agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre -award demonstration of competency is not practicable, Recipient agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. Recipient shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at https://www.epa.gov/sites/production/files/2015-03/documents/competency-policy- aaia-new.pdf or a copy may also be requested by contacting the EPA Project Officer for this award. W. Health and Safety Plan 5E - 02F75801 - 0 Page 38 Before beginning field work, the recipient must have a health and safety plan in place providing for the protection of on -site personnel and area residents, unless specifically waived by the award official. This plan need not be submitted to the EPA but must be made available to the EPA upon request. The recipient's health and safety plan must comply with Occupational Safety and Health Administration (OSHA) 29 CFR 1910.120, entitled "Hazardous Waste Operations and Emergency Response." X. Foreign Entity of Concern The recipient agrees to not directly transfer EPA funds through a subaward, contract, or participant support costs to a foreign entity of concern (FEOC). The EPA considers FEOCs to include foreign entities that are owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation as defined by Congress in Section 40207 of the Infrastructure Investment and Jobs Act. The EPA uses the proposed interpretive rule from the U.S. Department of Energy (DOE) to provide additional guidance in determining FEOCs. See 88 Fed. Reg. 84,082 (Dec. 4, 2023). If DOE finalizes an interpretive rule that differs in material respects from the proposal, the EPA may amend the award agreement accordingly. Additionally, the recipient agrees to develop and implement internal controls that ensure EPA funds are not directly transferred to FEOCs, including through subawards, contractors, and participant support costs. Y. Historic Preservation National Historic Preservation Act (NHPA) Section 106 of the NHPA requires all federal agencies to consider the effects of their undertakings, including the act of awarding a grant or cooperative agreement, on historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment on such undertakings. The recipient must assist the EPA Project Officer in complying with NHPA if any activities funded under this grant impact a historic property. Historic properties include: (a) land or buildings listed in or eligible for listing on the National Register of Historic Places; (b) archaeologically sensitive areas or in an area where traditional cultural properties are located; and (c) properties that are associated with significant historic events, are associated with significant people, embody distinctive characteristics, and contain important precontact information. The recipient should work with their Project Officer to ensure that subrecipients are available to work with EPA on any required consultation process with the State or Tribal Historic Preservation Office prior to commencing the project to ensure compliance with Section 106 of the NHPA. If NHPA compliance is required, necessary Section 106 consultation activities, such as historic or architectural surveys, structural engineering analysis of buildings, public meetings, and archival photographs, can be considered allowable and allocable grant costs. Archeological and Historic Preservation Act (AHPA) This law applies if archeologically significant artifacts or similar items are discovered after an EPA -funded construction project has begun, and compliance may be coordinated with the NHPA, discussed above. The AHPA requires federal agencies to identify relics, specimens, and other forms of scientific, prehistorical, historical, or archaeologic data that may be lost during the construction of federally- 5E - 02F75801 - 0 Page 39 sponsored projects to ensure that these resources are not inadvertently transferred, sold, demolished or substantially altered, or allowed to deteriorate significantly. The recipient must ensure that subrecipients performing construction projects are aware of this requirement, and the recipient must notify EPA if the AHPA is triggered. Z. Other Federal Requirements In addition to the statutes outlined in the Labor and Equitable Workforce Programmatic Term and Condition, Build America, Buy America Programmatic Act Term and Condition, Historic Preservation Programmatic Term and Condition, the recipient must comply with all federal cross -cutting requirements. These requirements include, but are not limited to: • Endangered Species Act, as specified in 50 CFR Part 402: Non -Federal entities must identify any impact or activities that may involve a threatened or endangered species. Federal agencies have the responsibility to ensure that no adverse effects to a protected species or habitat occur from actions under Federal assistance awards and conduct the reviews required under the Endangered Species Act, as applicable. • Federal Funding Accountability and Transparency Act: Recipients of financial assistance awards must comply with the requirements outlined in 2 CFR Part 170, Reporting Subaward and Executive Compensation and in the General Term and Condition "Reporting Subawards and Executive Compensation." • Farmland Protection Policy Act: This statute requires EPA to use criteria developed by the Natural Resources Conservation Service (NRCS) to identify the potential adverse effects of Federal programs on farmland and its conversion to nonagricultural uses, to mitigate these effects, and to ensure that programs are carried out in a manner that is compatible with the farmland preservation policies of state and local governments, and private organizations. Recipients may need to work with EPA or NRCS, as appropriate, to ensure compliance. • Coastal Zone Management Act: Projects funded under federal financial assistance agreements must be consistent with a coastal State's approved management program for the coastal zone. For additional information on cross -cutting requirements visit https://www.epa.gov/grants/epa-subaward- cross-cutter-requirements. CITY OF SELECTION C FAYETTEVILLE -VOTING 19 ING RESULTS aKSAS Selection Description: RFQ 25-01, Selection 4 - White River Trail River Commons Design Selection Committee Date/Time: 1/15/2025 at 2:00 PM via Zoom Firms are listed in alphabetical order Overall RANK 1 Crafton Tull & Associates, 2 3 Inc. Halff Associates OLSSON 1st 2nd 3rd 1st ranked firm: OVERALL RANK SUMMARY SCORING 2nd ranked firm: Cfak-bnTit [ gssocia-� 1nr. 3rd ranked firm: rs ) Tallied by: Amanda Beilfuss, rocure Director c Date: � ,j ,i/t , Keny F tch, Sr. Procurement Agent — °`� Date: