HomeMy WebLinkAbout127-25 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 127-25
File Number: 2025-603
ARDOT - M.L.K. PEDESTRIAN IMPROVEMENTS PROJECT (AGREEMENT OF UNDERSTANDING):
A RESOLUTION TO AUTHORIZE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS
DEPARTMENT OF TRANSPORTATION FOR THE M.L.K. PEDESTRIAN IMPROVEMENTS PROJECT, AND
TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING $500,000.00 IN FEDERAL -AID FUNDING
WHEREAS, in June 2024, the City of Fayetteville was awarded $500,000.00 in federal -aid funds through the
Northwest Arkansas Regional Planning Commission Transportation Alternatives Program for sidewalk improvements
in the Martin Luther King Jr. Boulevard "M.L.K. Walkability" area; and
WHEREAS, the M.L.K. Walkability project will focus on connecting sidewalks along a half -mile section of the south
side of M.L.K. Boulevard between Wood Avenue and Church Avenue, an enhanced crosswalk at M.L.K. Boulevard
and Willow Avenue, as well as improvements to an Ozark Regional Transit stop at that intersection; and
WHEREAS, the project was originally identified in Fayetteville's 2018 Mobility Plan through mapping analysis and a
high volume of requests for pedestrian improvements in this area and will advance Fayetteville's active transportation
goals by providing safe and accessible infrastructure, encouraging more people to choose alternative modes of
transportation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign an
agreement of understanding with the Department of Transportation for the M.L.K. Pedestrian Improvements project
and further authorizes the Mayor to sign any additional documents as necessary to receive the grant funds and
implement the project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing
$500,000.00 in federal -aid funding, a copy of which is attached to this Resolution.
Page 1
Resolution: 127-25
File Number: 2025-603
PASSED and APPROVED on May 20, 2025
Approved:
Molly Rawn, Mayor
Attest:
A."EHI�Tq�. V
� .'!\T Y 6; .`;
FAYETTEV!LLE -_
Kara Paxton, City Clerk Treasurer
Page 2
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 20, 2025
CITY COUNCIL MEMO
2025-603
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: ARDOT M.L.K. PEDESTRIAN IMPROVEMENTS PROJECT (AGREEMENT OF
UNDERSTANDING):
RECOMMENDATION:
Staff recommends approval of an Agreement of Understanding with the Arkansas Department of
Transportation for the M.L.K. Pedestrian Improvements project made possible through the Transportation
Alternatives Program (TAP) and approving a budget adjustment to recognize $500,000.00 in federal -aid
funding and authorizing the Mayor to sign additional grant related documents as necessary to implement the
project.
BACKGROUND:
In June 2024, the City of Fayetteville was awarded $500,000 in federal -aid funds through the Northwest
Arkansas Regional Planning Commission's Transportation Alternatives Program (TAP), administered by the
Arkansas Department of Transportation, for sidewalk improvements in the Martin Luther King Jr. Boulevard
"M.L.K. Walkability" area.
DISCUSSION:
The M.L.K. Walkability Project will focus on connecting sidewalks along a half -mile section of the south side of
M.L.K. Boulevard between Wood Avenue and Church Avenue. In addition to sidewalks, the project includes
plans for an enhanced crosswalk at M.L.K. and Willow Avenue, as well as improvements to an Ozark Regional
Transit stop at that intersection.
This project was originally identified in Fayetteville's 2018 Mobility Plan through mapping analysis and a high
volume of requests for pedestrian improvements in this area. It will advance Fayetteville's active transportation
goals by providing safe and accessible infrastructure, encouraging more people to choose alternative modes of
transportation.
BUDGET/STAFF IMPACT:
The $500,000 in federal -aid funding will be recognized with the approval of the agreement. The required 20
percent match of $125,000 has been budgeted through the 2022 Transportation Bond Program and will be
allocated to the project when the construction contract is approved.
ATTACHMENTS: SRF (#3) , BA (#4), Award Letter (#5), ARDOT Agreement - MILK Walkability (#6), TAP
Project (#7), MILK Map (#8), MILK - Willow Intersection (#9)
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 #: 2025-603
ARDOT - M.L.K. PEDESTRIAN IMPROVEMENTS PROJECT (AGREEMENT OF
UNDERSTANDING):
A RESOLUTION TO AUTHORIZE AN AGREEMENT OF UNDERSTANDING WITH THE
ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE M.L.K. PEDESTRIAN
IMPROVEMENTS PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING
$500,000.00 IN FEDERAL -AID FUNDING
WHEREAS, in June 2024, the City of Fayetteville was awarded $500,000.00 in federal -aid funds
through the Northwest Arkansas Regional Planning Commission Transportation Alternatives Program
for sidewalk improvements in the Martin Luther King Jr. Boulevard "M.L.K. Walkability" area; and
WHEREAS, the M.L.K. Walkability project will focus on connecting sidewalks along a half -mile
section of the south side of M.L.K. Boulevard between Wood Avenue and Church Avenue, an enhanced
crosswalk at M.L.K. Boulevard and Willow Avenue, as well as improvements to an Ozark Regional
Transit stop at that intersection; and
WHEREAS, the project was originally identified in Fayetteville's 2018 Mobility Plan through mapping
analysis and a high volume of requests for pedestrian improvements in this area and will advance
Fayetteville's active transportation goals by providing safe and accessible infrastructure, encouraging
more people to choose alternative modes of transportation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to
sign an agreement of understanding with the Department of Transportation for the M.L.K. Pedestrian
Improvements project and further authorizes the Mayor to sign any additional documents as necessary to
receive the grant funds and implement the project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment recognizing $500,000.00 in federal -aid funding, a copy of which is attached to this
Resolution.
Page 1
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
2025-603
Item ID
5/20/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/1/2025 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for
the M.L.K. Pedestrian Improvements project made possible through the Transportation Alternatives Program (TAP)
and approving a budget adjustment to recognize $500,00.00 in federal -aid funding and authorizing the Mayor to
sign additional grant related documents as necessary to implement the project.
Budget Impact:
4601.860.7216-5814.00
Streets Projects 2022 Bonds
Account Number Fund
46020.7216.2000 Street Projects - MLK Area Walkability Impr -
Wood Ave to Church Ave
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
2,306.00
$
2,305.20
0.80
$
500,000.00
500,000.80
Previous Ordinance or Resolution #
Approval Date:
V20221130
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 an Agreement of Understanding with the Arkansas Department of Transportation for the
M.L.K. Pedestrian Improvements project made possible through the Transportation Alternatives Program (TAP) and
approving a budget adjustment to recognize $500,00.00 in federal -aid funding and authorizing the Mayor to sign additional
grant related documents as necessary to implement the project.
COUNCIL DATE:
ITEM ID#:
5/20/2025
2025-603
Holly Black
51112025 9:53 RIn
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
500,000 500,000
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.2025411
Account Name
4601.860.7216-4309.00
- 500,000
46020 7216.2000 RE
Federal Grants - Capital
4601.860.7216-5814.00
500,000 -
46020 7216.2000 EX
Improvements - Sidewalks
I of 1
7KANSAS DEPARTMENT
AR
OF TRANSPORTATION
The Honorable Molly Rawn
Mayor of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Dear Mayor Rawn:
ARDOT.gov I Jared D. Wiley, P.E., Director
10324 Interstate 30 1 P.O. Box 2261, Little Rock, AR 72203-2261
Phone: (501) 569-2000 I Voice/TTY 7111 Fax: (501) 569-2400
March 20, 2025
Re: Job 040993
Fayetteville M.L.K. Ped. Impvts.
(TAP-24) (S)
Washington County
Reference is made to the Fayetteville Martin Luther King Pedestrian Improvements project
which was awarded Transportation Alternatives Program (TAP) funding. In order to proceed, you
and your attorney must sign the enclosed Agreement of Understanding and return it to the
Department. Please submit the signed Agreement and referenced forms within the next 60 days.
A copy of the Agreement of Understanding will be returned to you once fully executed.
When submitting the Agreement to the Department for execution, you will also need to complete
Form LPA-005, Form LPA-018, and Form LPA-019. All referenced forms are available in digital
format at ww-%v.ardot.uov/LPA.
If you have any questions, please contact our Local Programs Grant Procurement Section
at (479) 360-7161 or LPA(c�iardot.gov.
Sinlemly,
W
Keli Wylie, P.E.
Assistant Chief En ' eer
Program Delivery
Enclosure
Chief Engineer — Operations
Chief Engineer — Preconstruction
Local Programs
Program Management
District 4
Job 040993 'C' File
Tim Conklin, Executive Director, NWARPC
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
AND
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
In Cooperation with the
U. S. Department of Transportation Federal Highway Administration
RELATIVE TO
Implementation of Job 040993, Fayetteville M.L.K. Ped. Impvts. (TAP-24) (S) (hereinafter
called the "Project") as an Arkansas Transportation Alternatives Program (TAP) project.
WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has expressed its desire to
use Federal -aid TAP funds for the eligible Project and to provide necessary matching funds; and
WHEREAS, the Sponsor has transmitted to the Arkansas Department of Transportation
(hereinafter called the "Department") Resolution No. 67-24 from the Sponsor's governing body
authorizing the Sponsor's Chief Executive Officer (CEO), or their designated representative, to
execute agreements and contracts with the Department for the Project; and
WHEREAS, funding in the Infrastructure Investment and Jobs Act (IIJA) includes
Federal -aid TAP funds for certain local projects with the following cost share:
Maximum Minimum
Federal % Sponsor %
Preliminary Engineering by Consultant 80 20
Environmental 80 20
Right of Way/Utilities 80 20
Construction 80 20
Construction Engineering by Consultant 80 20
Department Administrative Cost 0 100
WHEREAS, funding participation will be subject to a limit of $500,000 maximum Federal -aid
TAP funds for the preliminary engineering, environmental, right of way, and construction
phases of the Project and approved obligation limitation; and
WHEREAS, the Sponsor understands that these funds have been awarded for specific project
purposes, not for the Sponsor to utilize until expended; and
WHEREAS, the Sponsor knows of no legal impediments to the completion of the Project; and
WHEREAS, it is understood that the Sponsor and the Department will adhere to the General
Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business Enterprises
(DBEs) (Form LPA-001) and that, as part of these requirements, the Department may set goals for
DBE participation in the Project ranging from 0% to 100% that are practical and related to the
potential availability of DBEs in desired areas of expertise; and
-1-
Agreement of Understanding Between the City of Fayetteville
and the Arkansas Department of Transportation
WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual
(available at www.ardot.gov/LPA) which outlines procedures and requirements which must be
followed during development and construction of the Project; and
WHEREAS, the parties agree, unless specifically stated otherwise, that the provisions of this
agreement are not intended to create or confer a third -party benefit or right to any person or entity
not a party to this agreement.
IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal
Highway Administration (FHWA), will participate in a cooperative program for implementation
of the Project and will accept the responsibilities and assigned duties as described hereinafter.
THE SPONSOR WILL:
1. Notify the Department in writing who the Sponsor designates as its full-time employee to be
in responsible charge of the day-to-day oversight of the Project (Form LPA-005). If the
designated full time employee changes, the Sponsor must notify the Department by
resubmitting Form LPA-005. The duties and functions of this person are:
• Oversee project activities, including those dealing with cost, time, adherence to contract
requirements, construction quality and scope of Federal -aid projects;
• Maintain familiarity of day-to-day project operations, including project safety issues;
• Make or participate in decisions about changed conditions or scope changes that require
change orders and/or supplemental agreements;
• During construction, visit and review the project daily;
• Review financial processes, transactions, and documentation to ensure that safeguards are
in place to minimize fraud, waste, and abuse;
• Direct project staff, Sponsor or consultant, to carry out project administration and contract
oversight, including proper documentation; and
• Be aware of the qualifications, assignments and on-the-job performance of the Sponsor and
consultant staff at all stages of the project.
2. Submit the Revision of Project Scope and Budget (Form LPA-004) if a modification to the
Project scope is needed.
3. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency
Consultant Selection Procedures (Form LPA-002) to provide engineering services which
include environmental documentation, preliminary engineering, and construction engineering
for the Project. NOTE: FHWA authorization and Department approval must be given
prior to issuing a work order to the consultant for federal funds to be allowed in this
phase.
• Make periodic payments to the consultant for preconstruction phases of the Project and
request reimbursement from the Department.
• Request reimbursement from the Department for eligible expenditures related to
preconstruction phases of the Project. Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
4. If desired, request that the Department contract with one of its on -call consultants on behalf of
the Sponsor.
• Execute a task order with the Department and the selected on -call consultant for
implementation of selected phases of the Project.
• Make periodic payments to the on -call consultant for work accomplished in accordance
with the task order.
-2-
Agreement of Understanding Between the City of Fayetteville
and the Arkansas Department of Transportation
• Request reimbursement from the Department for eligible on -call consultant related costs
incurred for the project. Reimbursement requests should be submitted, at minimum, every
three (3) months and not more than once per month.
5. Prepare plans, specifications, and a cost estimate for construction. A registered professional
engineer must sign the plans and specifications for the project if the project includes design of
structural components. (See Form LPA-003 for items to be included in the bid proposal.)
Plans which include the design of only non -infrastructure components will not require a
registered stamp.
6. Be responsible for any necessary coordination with affected railroads including preliminary
and final plan review and for executing any formal railroad maintenance and construction
agreements that may be necessary for the project. This includes ensuring that potential bidders
are aware of railroad coordination required during construction, including flagging services
and insurance.
7. Submit plans at 30%, 60%, and 90% completion stages for Department review according to
the deadline schedule.
8. Submit the following deliverables for the Project by the listed deadline or risk possible
cancellation of the Federal -aid award or significant delay of the Project. If a deadline is missed,
the Sponsor may be required to submit a reason for the delay and request a time extension in
writing.
Deliverables
Deadlines
Signed Agreement of Understanding for
60 Days following receipt of the
Execution by the Department
Draft Agreement of Understanding
30% Complete Plans for Review
90 Days following receipt of the
Executed Agreement of Understanding
60% Complete Plans for Review
90 Days from the return of Department
comments on previous set of plans
90% Complete Plans for Review
90 Days from the return of Department
comments on previous set of plans
Final Plans, Bid Documents, and Request
90 Days from the return of Department
for Authority to Advertise
comments on previous set of plans
9. Complete the process for all permits that might be required for the project. This could include,
but is not limited to, the US Army Corp of Engineers Section 404 permit; and the Arkansas
Department of Environmental Quality's Section 401 Water Quality Certification, Short Term
Activity Authorization, and National Pollutant Discharge Elimination System permit. The
Section 404 permitting application(s) and/or determination information should be submitted
with the plans to the Department to aid in the completion of the environmental documentation.
10. Provide any necessary higher levels of investigation for the required environmental document
should the Project have uncertain or significant cultural, environmental or social impacts; have
a likelihood of generating controversy; and/or possible economic impacts. For projects located
on federal lands, the Sponsor must submit a completed environmental document for the
Project, approved by the agency with authority over the federal lands.
-3-
Agreement of Understanding Between the City of Fayetteville
and the Arkansas Department of Transportation
11. Comply with provisions of the Americans with Disabilities Act, Section 504 of the
Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, FHWA TAP Guidance,
and any other Federal, State, and/or local laws, rules and/or regulations. (See Form LPA-003
for items to be included in the bid proposal).
12. Before acquiring property or relocating utilities, contact the Department's Right of Way
Division to obtain the procedures for acquiring right of way and adjusting utilities in
conformance with federal regulations. NOTE: Failure to notify the Department prior to
initiating these phases of work may result in all project expenditures being declared
non -participating in federal funds.
13. Acquire property in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act").
14. Provide a copy of the registered deed or other approved documentation and an appropriate
certification stating the Sponsor's clear and unencumbered title to any right of way to be used
for the Project and the land is accessible to the general public for recreational or transportation
purposes (See Form LPA-007). If property has been acquired for the Project, use
Form LPA-006 for certification of the right of way.
15. Ensure the preparation of utility adjustment and right of way plans are in accordance with
Arkansas State Highway Commission Policy.
16. Submit a certification letter (Form LPA-008), including all items noted, to the Department
when requesting authority to advertise the Project for construction bids.
17. Advertise for bids in accordance with federal procedures as shown in Form LPA-010.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
18. Forward a copy of all addenda to the Project during the advertisement to the Department.
19. After bids are opened and reviewed, submit a certification (Form LPA-012), including all items
noted, to the Department and request concurrence in award of the contract.
20. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre -
construction meeting with the Contractor and must invite the Department's Resident
Engineer assigned to the Project.
21. Construct the Project in accordance to plans and specifications that were developed by the
Sponsor, or the Sponsor's representative, and were reviewed and approved by the Department
prior to the issuance of the Notice to Proceed.
22. Perform construction inspection in accordance with the Guideline for Inspection of Locally
Administered Construction Contracts for Transportation Alternatives Program (TAP) Projects
and Recreational Trails Program (RTP) Projects (Form LPA-023).
23. Make payments to the contractor for work accomplished in accordance with the plans and
specifications and then request reimbursement from the Department on the Construction
Certification and Reimbursement Request (CCRR) form (Form LPA-014). Requests for
reimbursement must be made at least once every three (3) months that construction projects
are active to avoid being placed on the FHWA inactive project list, which risks project funding.
M
Agreement of Understanding Between the City of Fayetteville
and the Arkansas Department of Transportation
24. Attach Report of Daily Work Performed (Form LPA-015) for all days that correspond with
each CCRR submittal.
25. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the
Department's Resident Engineer assigned to the project for review and approval for program
eligibility.
26. Upon project completion hold a final acceptance meeting for the Project and submit the Final
Acceptance Report form certifying that the Project was accomplished in accordance with the
plans and specifications (Form LPA-016). This form must be signed by the engineer
performing construction inspection on the Project, the Department's Resident Engineer
assigned to the project, the Sponsor's full-time employee in responsible charge, and the
Sponsor's CEO.
27. Maintain accounting records to adequately support reimbursement with Federal -aid funds and
be responsible for the inspection, measurement, and documentation of pay items, and
certification of all work in accordance with the plans and specifications for the Project and for
monitoring the Contractor and subcontractor(s) for compliance with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements.
28. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental
to the construction of said work or used in the course of said work including but not limited to
materials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929,
Act No. 82 of 1935, and Acts amendatory thereof.
29. Agree that any and all claims for damages to property or injury to persons caused by any act
or omission, negligence, or misconduct from the performance of work by the Sponsor's
contractor on the Project shall be the sole responsibility of the Sponsor's contractor and in this
regard the Sponsor shall require the contractor on the Project to procure and maintain a General
Public Liability Insurance Policy during the duration of the Project which shall be endorsed to
include broad form general liability and complete operations coverage on the Project. The
contractor shall furnish the Sponsor with documentation of proof of liability insurance
coverage with submission of the signed contract.
30. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising
from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents, or
contractors in the performance of the Project and this Agreement must be presented to the
Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and the
Arkansas State Highway Commission, as the pass -through entity, have no duty or
responsibility for the design, construction, maintenance, or operation of the Project that is the
subject of this grant, and, therefore shall have no liability related to the design, construction,
maintenance, or operation of the Project. The Sponsor also agrees to assume all risks
associated with the work to be performed by its agents, employees, and contractors under this
grant and Agreement and the Department and the Arkansas State Highway Commission, as the
pass -through entity, shall not be responsible or liable for any damages whatsoever from the
actions of the Sponsor, its employees, agents, and contractors.
31. Assure that its policies and practices with regard to its employees, any part of whose
compensation is reimbursed from federal funds, will be without regard to race, color, religion,
sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age
Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as
amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR Part 21),
-5-
Agreement of Understanding Between the City of Fayetteville
and the Arkansas Department of Transportation
Nondiscrimination in Federally -Assisted Programs of the Department of Transportation,
(Form LPA-029).
32. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 2 CFR Part 200 - Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (Form LPA-017).
33. Grant the right of access to Sponsor's records pertinent to this Project and the right to audit by
the Department and FHWA officials.
34. Be responsible for its portion of the total project cost and Department administration costs.
The funds to be submitted for Department administrative costs shall have a maximum value
equaling 1 % of the TAP and/or RTP award.
35. Be responsible for 100% of all project costs incurred should the Project not be completed as
specified.
36. Be responsible for 100% of any and all expenditures for which federal funds do not participate
or that are not approved for federal funds.
37. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Form LPA-018), which is necessary for Project participation.
38. Repay to the Department the federal share of the cost of any portion of this Project if, for any
reason, federal participation is removed due to actions or inactions of the Sponsor, its agents,
its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such
actions or inactions shall include, but are not limited to, federal non -participation arising from
problems with design plans, specifications, construction, change orders, construction
inspection, or contractor payment procedures.
39. Repay all federal funds if this is determined necessary for any reason.
40. Retain total, direct control over the Project throughout the life of the improvements and not,
without prior approval from the Department:
• sell, transfer, or otherwise abandon any portion of the Project;
• change the intended use of the Project as approved;
• make significant alterations to any improvements constructed with Federal -aid funds; or
• cease maintenance or operation of a project due to the Project's obsolescence.
41. Be responsible for satisfactory maintenance and operation of all improvements and for
adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain
and operate the Project in accordance with Federal -aid requirements may result in the
Sponsor's repayment of Federal funds and may result in the withholding of all future
Federal -aid funds.
42. Submit to the Department a Single Audit in accordance with the Office of Management and
Budget (OMB) Circular A-133 each fiscal year that the Sponsor expends more than $750,000
of Federal -aid from any federal source including, but not limited to, the U.S. Department of
Transportation. The fiscal year used for the reporting is based on the Sponsor's fiscal year.
The $750,000 threshold is subject to change after OMB periodic reviews.
43. Promptly notify the Department if the Project is rendered unfit for continued use by natural
disaster or other cause.
Agreement of Understanding Between the City of Fayetteville
and the Arkansas Department of Transportation
44. Complete and transmit to the Department both pages of the Federal Funding Accountability
and Transparency Act (FFATA) Reporting Requirements (Form LPA-019).
45. After each quarter of the calendar year, complete and transmit to the Department the LPA
Project Quarterly Report Form (Form LPA-020) until the project is complete.
THE DEPARTMENT WILL:
Maintain an administrative file for the Project and be responsible for administering
Federal -aid funds.
2. Request review from the Arkansas Historic Preservation Program (AHPP).
3. Execute a task order with the Sponsor and the selected on -call consultant for implementation
of the Project when requested by the Sponsor.
4. Request funds from the Sponsor within the terms described heretofore.
5. Provide routine environmental documentation for the Project.
6. Notify the Sponsor when right of way and/or utility plans are approved, and the Sponsor may
proceed with right of way acquisition and/or utility adjustments.
7. Upon receipt of the Sponsor's certification of right of way (property) ownership, provide the
appropriate documentation to the file.
8. Review plans and specifications for project/program eligibility.
9. Reimburse the Sponsor 80% (Federal -aid share) for all eligible costs related to preconstruction
phases of the Project.
10. Ensure substantial compliance with federal contracting requirements through review of the
bidding proposal for inclusion of required federal forms, review of the administration of the
DBE program provisions, and general compliance with 23 CFR 635.
11. Advise the Sponsor when to proceed with advertisement of the Project for construction bids.
12. Review bid tabulations and concur in award of the construction contract for the Project.
13. Participate in the Sponsor's preconstruction and final acceptance meetings.
14. Visually verify (insofar as is reasonably possible) that the work meets contract requirements
before reimbursement is made to the Sponsor.
15. Review and approve any necessary change orders for project/program eligibility.
16. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs up to the
maximum Federal -aid amount as approved in the CCRR form (Form LPA-014). This
reimbursement will be limited to the maximum Federal -aid amount and to the federal amount
available at the time payment is requested. If the payment requested exceeds the Federal -aid
available at the time, the difference will be reimbursed as additional Federal -aid for the Project
becomes available.
17. Subject to the availability of Federal -aid allocated for the Project, pay the Sponsor the
remaining amount due upon completion of the Project and submittal of the certified Final
Acceptance Report form (Form LPA-016).
-7-
Agreement of Understanding Between the City of Fayetteville
and the Arkansas Department of Transportation
18. Provide all form updates via email to the contact as shown on Form LPA-005.
IT IS FURTHER AGREED that Department reserves the right to cancel the Project without
liability against the Department for any reason including, but not limited to, unreasonable delay or
lack of progress, the Sponsor is unable to provide an audit -worthy reason for the substantial delay
in the project development or completion process, or the Sponsor is unresponsive to Department
requests.
IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may disqualify the Sponsor from receiving all
future Federal -aid funds administered by the Department.
IT IS FURTHER AGREED that should the Sponsor fail to pay to the Department any required
funds due for implementation of the Project or fail to complete the Project as specified in this
Agreement, or fail to adequately maintain or operate the Project, the Department may cause such
funds as may be required to be withheld from the Sponsor's Motor Fuel Tax allotment.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement on this 20
day of May , 2025 .
ARKANSAS DEPARTMENT OF
TRANSPORTATION
THE CITY OF FAYETTEVILLE
Molly Rawn
Mayor
E-SIGNED by Kit Williams
on 2025-05-29 19:43:35 GMT
Kit Williams
Attorney
All Forms referenced in this Agreement are available in digital format on the Department's
webpage www.ardot.&2y/LPA.
ARKANSAS DEPARTMENT OF TRANSPORTATION
NOTICE OF NONDISCRIMINATION
The Arkansas Department of Transportation (ARDOT) complies with all civil rights provisions of federal statutes and related authorities that
prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, ARDOT does not discriminate on the basis
of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety Administration
Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and treatment in ARDOT's
programs and activities, as well as ARDOT's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding
ARDOT's nondiscrimination policies may be directed to Civil Rights Officer Joanna P. McFadden (ADA/504/Title VI Coordinator), P. O.
Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: l>_unna.m_cf tdden iiardgt vp .
Free language assistance for Limited English Proficient individuals is available upon request.
This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape, and in Braille.
-8-
Form LPA-001
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR
Part 26 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a disadvantaged business enterprise affirmative action program, which the
recipient agrees to carry out, this program is incorporated into this financial assistance
agreement by reference. This program shall be treated as a legal obligation and failure to
carry out its terms shall be treated as a violation of this financial assistance agreement.
Upon notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which
sanctions may include termination of the Agreement or other measures that may affect
the ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and
26.107 shall substitute a breach of contract and after the notification of the Department,
may result in termination of the agreement or contract by the recipient or such remedy as
the recipient deems appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
Rev. 8/27/19
Form LPA-002
LOCAL AGENCY
IsP►641011r_1ki11i+9*111x0III Eel kiIa:Z6Z634Bill :1*1
Section I — Application (These procedures do not apply to Design -Build
Contracts.)
These procedures apply to federally and state funded contracts for engineering
and design related services for projects and are issued to ensure that a qualified
consultant is obtained through an equitable qualifications -based selection procurement
process and that the prescribed work is properly accomplished in a timely manner at a
fair and reasonable cost.
Engineering and design related services are defined in 23 Code of Federal
Regulations (CFR) Part 172 to include program management, construction
management, preliminary engineering, design engineering, surveying mapping, or
architectural related services with respect to a highway construction project.
These services also include professional services of an architectural or engineering
nature, as defined by State law, which are required to or may logically or justifiably be
performed or approved by a person licensed, registered, or certified to provide the
services with respect to a highway construction project. Contracts for these services
that are paid with Federal -aid highway program (FAHP) funding will be awarded
following these selection procedures.
The federal laws and regulations that govern the procurement of engineering and
design related services with FAHP funds are:
• 23 United States Code (U.S.C.) 106 "Project approval and oversight"
• 23 U.S.C. 112 "Letting of contracts"
• 23 U.S.C. 114(a) "Construction Work In General"
• 23 U.S.C. 302 "State transportation department"
• 23 U.S.C. 315 "Rules, regulations, and recommendations"
• 23 U.S.C. 402 "Highway safety programs"
• 40 U.S.C. Chapter 11 — Selection of Architects and Engineers, §§1101 et
seq., commonly called the "Brooks Act"
• 2 CFR Part 200 "Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards"
• 23 CFR Part 172 "Procurement, Management, and Administration of
Engineering and Design Related Services"
• 48 CFR Part 31 "Contract Cost Principles and Procedures"
• 49 CFR Part 1.48(b) "The Federal Highway Administrator is delegated
authority to administer the following provisions of title 23, Highways,
U.S.C."
In accordance with the above federal laws and regulations, the Arkansas
Department of Transportation (Department) has approved these procedures for use by
1
Rev. 8/27/19 Form LPA-002
the Local Agency for the "competitive negotiation" (qualifications -based selection)
method of procurement as defined in 23 CFR §172.7, Procurement Methods and
Procedures that complies with the Brooks Act (40 U.S.C. §§1101, et seq.).
The Local Agency will use these procedures for Federal -aid contracts and may
elect to use them for non -Federal -aid contracts.
Section II — Advertisement for Letters of Interest
The Local Agency may employ a consultant engineering firm when a need exists
for engineering services, and it is in the Local Agency's best interest to employ an
engineer or engineering firm.
As a minimum, the Local Agency will advertise in a statewide newspaper, the
Department's website and the Local Agency's website (if available), advising that
consultant engineering services are being sought. In addition, the Local Agency may
advertise in appropriate national trade magazines or websites for specialized services.
Interested firms must furnish:
1. A cover letter with the firm's response including primary contact information.
2. The firm's completed Architect -Engineer Qualifications Standard Form (SF)
330 Parts I and II (48 CFR §53.236-2(b)). (SF 330 is available on the
Department's website.)
http://arkansashighwaVs.com/consultant services/advertisements/advertisem
ents.aspx
3. A current copy of the firm's equal employment opportunity policy required per
Arkansas Code Annotated (Ark. Code Ann.) §19-11-104.
4. The firm's current copy (within 12 months) of the Department and Finance
and Administration (DFA) Illegal Immigrant Contractor Disclosure Form (Ark.
Code Ann. §19-11-105).
https://www.ark.org/dfa/immigrant/index.php/user/welcome
Advertisements may be for either a specific single project; a group of projects; or
for an on -call or indefinite delivery/indefinite quantity (IDIQ) for an established contract
period (not to exceed 5 years), to be determined at a later date with specific task orders
issued for each project. (23 CFR §172.9(a))
When advertising a specific project, the advertisement will describe the work in
general terms allowing firms to evaluate their interest in performing the desired services.
When advertising a group of projects, a general description of work will be
furnished. Firms will be asked to specify the projects they are interested in performing.
When the Local Agency decides to proceed with a certain project, those firms having
expressed interest in that project will be considered for selection.
2
Rev. 8/27/19 Form LPA-002
When advertising for an on -call / IDIQ projects with later specified task orders,
the advertisement will include a general description of work for the project task and the
number of consultants anticipated to be selected.
If a solicitation fails to yield three qualified respondents, then the Local Agency
may proceed with evaluation and selection if the Local Agency and the Department
determines that the solicitation did not contain conditions or requirements that arbitrarily
limited competition. Alternatively, the Local Agency may pursue procurement following
the noncompetitive method when competition is determined to be inadequate and it is
determined to not be feasible or practical to re -compete under a new solicitation. (23
CFR §172.7(a)(1)(iv)(D))
Solicitations will include language to comply with state procurement laws, rules,
and regulations including but not limited to Ethical Standards (Ark. Code Ann. §19-11-
708), Employee and Relative Disclosure, and Equal Opportunity Policy.
Interested firms are advised that in order to comply with state and federal
requirements that the Local Agency will verify suspension and debarment actions and
eligibility status of consultants in accordance with 2 CFR Part 1200 and 2 CFR Part 180.
Ark. Code Ann. §§19-11-701 through 19-11-714 addresses ethics and conflicts of
interest. Federal regulations about conflicts of interest are described in 2 CFR
§200.112, 23 CFR §1.33, and provisions of 23 CFR §172.7(4). No Local Agency
employee may participate in selection, award or administration of a contract in which the
Local Agency employee or any member of his or her immediate family has a financial,
prospective financial, or other interest. Additionally, in accordance with Ark. Code Ann.
§19-11-704(b) it is a breach of ethical standards for any person, including potential
consultants, or parties to subagreements to engage in any conduct or behavior with
other consultants, contractors, cities, counties, state agencies, or metropolitan/local
planning organizations that may influence any public employee to breach the standards
of ethical conduct provided by state and federal laws.
Section III — Selection Committee
The Local Agency will designate a Selection Committee (Committee) to evaluate
and analyze the letters of interest (LOI) and proposals.
9
Rev. 8/27/19 Form LPA-002
Section IV — Evaluation of Letters of Interest
The Committee will evaluate each consultant firm based on the criteria provided
in the detailed LOIs in general as follows:
No.
Evaluation Factors for LOIs
Maximum Points
Possible
Professional staff including the education, experience,
1
number of personnel available, and any partnerships
10
with sub -consultants
General and professional reputation, including
2
responsiveness to civil rights and equal employment
10
opportunity requirements and opportunities
3
*Past work performance
10
4
Experience with projects of a similar nature as those
10
advertised
Total Points for LOI
40
*Past performance or evaluations from other clients will be considered when the firm has not
worked for the Local Agency previously.
Following their review, the Committee will prepare a short list (minimum of three)
of the top ranked engineering firms and recommend that these firms submit detailed
proposals for further evaluation.
Section V — Request for Proposal
The Local Agency will prepare a scope of work statement and request proposals
from the engineering firms on the short list. For projects with FHWA oversight, which
are identified by FHWA as Projects of Division Interest (PoDI) projects, the Local
Agency will forward the scope of work statement to the Department and FHWA for
review and approval before soliciting request for proposals (RFPs). A Local Agency's
scope of work will typically include the following:
1. A detailed purpose and description of the work,
2. Services that will be furnished by the Local Agency,
3. Services that will be furnished by the consultant,
4. Deliverables to be provided,
5. Project conditions of the work,
6. Schedule for performance of the work,
7. Special conditions of the work including applicable standards,
specifications, and policies, and
8. Assurance of participation of certified Disadvantaged Business
Enterprises (DBE) in Federal -aid projects as Department goals for the
Project are established.
0
Rev. 8/27/19
The short-listed firms should submit proposals that contain the following:
1. A cover letter with primary contact information,
2. A detailed work plan that identifies the major tasks of work,
3. A list of major concerns associated with completing the work,
4. A detailed work schedule for specific projects as requested,
5. A manpower estimate for specific projects as requested, and
6. Updated Standard Form 330 Parts I and II, if necessary.
Form LPA-002
The Committee will review the proposals with particular attention to the five (5)
listed evaluation factors for the proposals and will also consider the results determined
in Section IV. The evaluation factors and their relative importance will be listed in the
RFP if any of the factors are different from the list below.
No.
Evaluation Factors for Proposals
Maximum Points
Possible
1
Obvious indication that the scope of work is clearly
20
understood
2
Comprehensive, coherent, and detailed work plan
20
3
Realistic work schedule when applicable
10
4
Proposed working office location, need for a local
5
office, and any local representative*
5
Identification of sub -consultants and responsiveness to
5
DBE goals and opportunities
6
Total Points for LOI
40
Total Points for Proposals
100
*Locality preference shall not be based on political or jurisdictional boundaries and may be applied
on a project -by -project basis for contracts where a need has been established for a consultant to
provide a local presence, a local presence will add value to the quality and efficiency of the project,
and application of this criteria leaves an appropriate number of qualified consultants, given the
nature and size of the project. (Consultants indicating that it will satisfy this factor in some manner,
such as establishing a local project office, shall be considered to have satisfied this factor.)
Based on these evaluation factors, the Committee will rank the consultants
based on the total score and submit the list to the Local Agency who will either:
1. Select one (1) firm to enter negotiations with; or
2. Select
a. Multiple firms for an IDIQ contract; or
b. Three or more firms to interview (a firm may present additional information
concerning their proposal at the interview). After the interviews, the
Committee will re-evaluate the firms based on the interview and the same
evaluation factors as noted previously. The ranking list will be submitted
to the Local Agency for review and final selection.
The Local Agency's contract file will contain records of the rankings and
supporting data; however, the rankings will not be public information. Copies of the LOI
advertisement, the rankings, and supporting data shall be submitted to the Department.
61
Rev. 8/27/19 Form LPA-002
Notification must be provided to all responding consultants of the final selection of the
most qualified consultant including the ranking of the top three consultants on projects
where only one consultant is selected.
Section VI — Negotiation and Contract Preparation
Once a firm is selected for negotiation for a specific job or a group of projects, it
will prepare a draft contract including a cost estimate for the project(s). The other firms
on the short list will be advised of the firm selected, subject to successful negotiations.
Prior to receipt or review of the draft contract and cost estimate, the Local Agency shall
prepare a detailed independent estimate with an appropriate breakdown of the work or
labor hours, types or classifications of labor required, other direct cost and consultant's
fixed fee for the defined scope of work. The independent estimate shall serve as the
basis for negotiation to ensure a fair and reasonable cost is obtained.
More than one firm may be selected for an on -call or IDIQ contract. The contract
will establish a maximum ceiling price for work issued under the contract as well as an
expiration date not to exceed 5 years, per 23 CFR Part 172. Individual task order cost
estimates will be negotiated when issued.
The selected firm will prepare a draft contract based on a sample contract
furnished by the Department. In accordance with the principles of 23 CFR 172, the draft
contract must include an overhead rate that is approved by the Department. If the
contract exceeds $250,000, in accordance with the Department's Indirect Cost Rate
Audit Requirements, the indirect cost rate shall be verified through an audit performed
by a certified public accountant on behalf of the consultant. If the contract is less than
$250,000, and at least one of these conditions applies:
1. When there is insufficient knowledge of the consultant's accounting system
2. When there is previous unfavorable experience regarding the reliability of the
consultant's accounting system
3. When the contract involves procurement of new equipment or supplies for
which cost experience is lacking
then the Consultant shall provide the indirect cost rate verified through an audit
performed by a certified public accountant on behalf of the consultant. The certified
audit shall be provided by the selected firm prior to the submission of the final draft
contract.
Pursuant to this requirement, the Department will notify the Local Agency if an
audit by a certified public accountant for the selected firm is necessary. The certified
audit needs to be provided by the selected firm prior to the submission of the final draft
contract.
The Local Agency will review the draft contract proposal and either approve it as
submitted or enter into negotiations with the selected firm to establish a contract and
contract ceiling price that the Local Agency deems is fair and reasonable. If a
satisfactory contract cannot be negotiated with the selected firm, negotiations will be
11
Rev. 8/27/19 Form LPA-002
formally terminated. The Local Agency will then enter into negotiations with the second
ranked firm. If negotiations with that firm fail, the Local Agency will formally terminate
those negotiations and begin to negotiate with the third ranked firm, and so on. If the
Local Agency cannot negotiate a satisfactory contract with any of the firms on the short
list, the Local Agency shall either:
1. Request proposals from additional firms who have submitted LOIs and are
considered competent and qualified; evaluate and rank the firms based on the
criteria described in Section V; and continue the negotiation process, or
2. Terminate all negotiations and begin the selection process again, or
3. Pursue procurement following the noncompetitive method when competition is
determined to be inadequate and it is determined to not be feasible or practical to
re -compete under a new solicitation. (23 CFR §172.7(a)(1)(iv)(D))
When the Local Agency and the consultant agree the negotiated contract is fair
and reasonable, the consultant will prepare a final draft and submit it to the Local
Agency and the Department for review. After review and a determination that it is
acceptable, the consultant will sign the contract. The Local Agency will then execute
the contract. The contract will subsequently be submitted to the Department for final
review and approval including funding. When approved, copies of the signed contract
will be distributed within the Local Agency and to the consultant.
For projects with FHWA oversight and for on -call or IDIQ contracts where the
consultant performs a management role utilizing federal funds, the Department will
forward the initial and final drafts of the contract to FHWA for review and comment. The
FHWA approves the final executed contract by stamp and signature and retains a copy.
After the Local Agency executes an on -call or IDIQ contract, it will assign specific
projects by task order for the duration of the contract period. The consultant will
prepare each task order based on the scope of work furnished by the Local Agency.
The task order will include a manpower estimate and cost. The Local Agency will
review the task order and approve it as submitted or negotiate with the consultant to
establish a task order and task order amount that the Local Agency deems is fair and
reasonable. After review and a determination that the task order is acceptable, the
consultant will sign the task order. The Local Agency will then execute the task order.
The task order will subsequently be submitted to the Department for final review and
approval including funding. When approved, copies of the signed task order will be
distributed within the Local Agency and to the consultant.
For PoDI projects, the Department will forward the initial and final drafts of the
task order to FHWA for review, comment, and approval. Upon FHWA approval, the
final task order is executed.
7
Rev. 8/27/19 Form LPA-002
Section VII — Monitoring the Contract
The Local Agency may designate staff members as key liaisons for specific
projects or for technical matters during the administration of the contract period.
The Local Agency will-
1 . Maintain the contract files,
2. Arrange and attend periodic progress meetings,
3. Coordinate reviews and approval actions with other agencies when
necessary,
4. Review progress payments,
5. Coordinate questions from the consultant,
6. Negotiate any change or amendment to the contract and submit to the
Department for review and approval, and
7. Prepare an evaluation of the consultant's performance after completion of the
contract. A copy of the evaluation shall be submitted to the Department.
Section VIII — Consultant Liability
The Local Agency will include a contract requirement that the consultant will
warrant that all services and work products provided as part of the contract are
performed in accordance to the prevailing industry standards, including standards of
conduct and care, format and content, meet the satisfaction of the Local Agency, and
conform to the requirements of the Agreement. This warrant is effective regardless of
the degree of inspection and acceptance by the Local Agency or others.
If the consultant is required to correct or re -perform any work or services, the
work will be performed at no cost to the Local Agency, and any work or services
corrected or re -performed by the consultant shall also be warranted that it is free from
defects in workmanship in accordance with industry standards. If the consultant fails or
refuses to correct or re -perform, the Local Agency may, by contract or otherwise,
correct or replace the deficient items or services with similar work or services, and
charge the cost to the consultant or make an equitable adjustment in the consultant's
reimbursement.
Acceptance is an act of an authorized representative of the Local Agency by
which the Local Agency approves specific services, as partial or complete performance
of the contract. Correction is the elimination of a defect.
E:3
Form LPA-003
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID PROJECTS
1) FHWA-1273
Each set of contract documents shall include FHWA-1273, "Required Contract Provisions,
Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273.
Copies of FHWA-1273 and supplements will be provided by the Department.
2) Anti -Collusion and Debarment Certification
The certification shall either be in the form of an affidavit executed and sworn to by the bidder
before a person who is authorized by the laws of the State to administer oaths or in the form of
an unsworn declaration executed under penalty of perjury of the law of the United States. The
required form for the Anti -Collusion and Debarment Certification will be provided by the
Department. The certification includes:
• Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or
corporation submitting the bid certifying that such person, firm, association, or corporation
has not, either directly or in -directly, entered into any agreement, participated in any
collusion, or otherwise taken any action, in restraint of free competitive bidding in
connection with the submitted bid.
• Debarment - A statement regarding debarment, suspension, ineligibility and voluntary
exclusion as required by Title 2 of the United States Code of Federal Regulations, Part 180
(2 CFR Part 180).
Failure to submit the executed Certification as part of the bidding documents will make
the bid nonresponsive and not eligible for award consideration.
3) Lobbying Certification
This certification is required by 49 CFR 20. The form for this certification will be provided by
the Department.
4) Davis -Bacon Pre -determined Minimum Wage Rates
Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located
within the existing right-of-way of a functionally classified city street or highway. The
Davis -Bacon wage rates will be provided by the Department.
5) "Build America, Buy America" Provisions
Because federal highway funds are included in this project, "Build America, Buy America"
requirements, as specified in Title 23 of the United States Code Section 313 and Title 23 of the
Code of Federal Regulations Section 635.410, apply to this project. A section of the bidding
documents should specify these requirements as part of the project and it should at least be
noted in the advertisement for bids.
Form LPA-004
Please Print on Sponsor Letterhead
Revision of Project Scope and Budget
DATE
Mr. David Siskowski
Division Head — Local Programs
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
coup
Dear Mr. Siskowski:
The scope and/or budget for the project has/have been revised. I certify that:
1) The length of the project will be
surface.
2) Other project changes are as follows:
feet and be feet wide with a/an
3) Two maps are attached. One is the project location map, and the other is a close up map
that shows the project termini.
4) The revised budget is $ Federal -aid and $ Sponsor funds for a total
project budget of $
Any substantial changes to the above information will be submitted in writing to ARDOT.
Sincerely,
NAME & OFFICE
(Sponsor's CEO)
Attachments
Form LPA-005
OFFICE OF THE MAYOR
MOLLY RAWN
(Designating Full -Time Employee
in Responsible Charge)
4130125
Mr. David Siskowski
Division Head — Local Programs
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Siskowski:
Re: Job #040993
Fayetteville M.L.K. Ped. Impvts.
Washington County
The full-time employee in responsible charge of the day to day oversight for the referenced project
will be Dane Eifling, Mobility Coordinator. This letter certifies that the employee is aware of the
duties and functions they are in charge of as outlined in the Agreement of Understanding. This
employee may be reached by phone at (479) 575-8243 or by email at deifling(q Fayetteville-ar.gov.
Sincerely,
* -�O y
Mayor Molly Rawn
(Sponsor's CEO)
Form LPA-006
SPONSOR LETTERHEAD
JOB NUMBER
JOB NAME
COUNTY
Title to the right of way necessary for the construction of this project has been acquired, or will be
acquired, in accordance with applicable Federal Highway Administration procedures.
indicate total number in each category here. Delete any categories not used in this job.
Tract(s)
Options(s)
Paid
Donation(s)
Negotiation Pending* - include tract number(s) and statement: "It is anticipated that
this/these tract(s) will be acquired by (date). "
Condemnation(s) — (include Order of Possession date or date the Court Order was filed)
Condemnation(s) Pending* - include tract number(s) and anticipated filing date
* If applicable
,delete the statement in each pair that does not apply
There are no displacees on this project.
-Or-
Relocation Assistance has been provided in accordance with applicable Federal Highway
Administration procedures and all displacees have moved from this project. There was/were #
displaced(residence(s)/business(esersonal property/etc) on the project.
There are no structures located within the right of way area.
-Or-
All structures have been removed from this project, except for those to be included as demolition
items in the highway contract.
No conflicting utilities are known to exist in the right of way area.
-Or-
Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status
Report.
There are no railroads involved on this project
-OR-
Tract(s) # shown above include(s) # (Permanent/Temporary Construction Easements) for
Railroad.
No right of way in excess of that needed for construction or future maintenance of this project was
acquired.
Certified by:
(Type name)
(Type title)
Date:
Form LPA-007
SPONSOR LETTERHEAD
JOB NUMBER
JOB NAME
COUNTY
Title to the right of way necessary for the construction of this project was in public ownership prior
to project development. No additional right of way was acquired.
There are no displacees on this project.
There are no structures located within the right of way area.
There are no railroads involved on this project.
No known conflicting utilities exist within the right of way area.
Certified by:
(Type name)
(Type title)
Date:
Form LPA-008
PLEASE PRINT ON SPONSOR LETTERHEAD
CERTIFICATION LETTER
REQ UESTING A UTHORITY TO AD VER TISE
DATE
Ms. Jessie Jones, P.E.
Chief Engineer — Preconstruction
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Ms. Jones:
Re: Job #
Job Name
Count
The following documents are submitted concerning the referenced project:
1. One set of plans and specifications.
2. A copy of the preliminary estimate of cost.
3. An unexecuted copy of the bid proposal form.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the
plans and specifications comply with the Americans with Disabilities Act (ADA), the American
Association of State Highway and Transportation Officials (AASHTO) design standards, and all
other applicable state and federal regulations, including airport clearance when necessary, for the
type of work involved.
I understand that if any project items are declared non -participating in federal funds due to
failure to comply with any State or federal requirements, the (Sponsor Name) will promptly
repay such funds to the Arkansas Department of Transportation (ARDOT). Further, I hereby
authorize the Director of the Arkansas State Department of Finance and Administration to
transfer such funds from the (Sponsor Name)'s Motor Fuel Tax allotment to the ARDOT's RRA
Fund upon notification by the ARDOT Director of that such funds are due ARDOT and have not
been paid by the (Sponsor Name).
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(Sponsor's CEO)
Enclosures
Form LPA-010
GUIDELINES FOR ADVERTISING AND OPENING BIDS
FEDERAL -AID PROJECTS
Upon receipt of written authorization from the Arkansas Department of Transportation
(Department), the project may be advertised for bids. The following minimum guidelines for
advertising must be met:
• The minimum advertising period is three weeks (21 days).
• In addition to meeting the State requirements for advertising for construction projects, the
project must be advertised a minimum of two times in a statewide newspaper (online or print
versions are acceptable).
• The notice must contain: (1) the time, date, and place that sealed bids are to be accepted,
opened, and publicly read; (2) a brief description of the kind or type of work contemplated;
and (3) the place at which prospective bidders may obtain plans and specifications.
• The Sponsor will forward a copy of the approved advertisement to the Department once
advertisement starts. Any addenda will also be sent to the Department during the
advertisement period.
• The Sponsor will include the following language in the solicitation for bids:
"The (INSERT SPONSOR NAME) hereby notifies all bidders that this contract
is subject to applicable labor laws, non-discrimination provisions, wage rate laws
and other federal laws including the Fair Labor Standards Acts of 1938. The Work
Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply."
"Build America, Buy America provisions apply to this project."
• All bids received in accordance with the terms of the advertisement shall be publicly opened
and at a minimum, the total amount bid must be read aloud (the sponsor may choose to read
the bids item by item).
• If any bid received is not read aloud, the name of the bidder and the reason for not reading
the bid aloud shall be publicly announced at the letting.
• In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and
licensing contractors must be approved by the Federal Highway Administration.
• Negotiation with contractors during the period following the opening of bids and before
the award of the contract is strictly prohibited.
Form LPA-012
PLEASE PRINT ON SPONSOR LETTERHEAD
CER TIFICA TION LETTER
REQUESTING CONCURRENCE IN A WARD OF THE CONTRACT
DATE
Ms. Jessie Jones, P.E.
Chief Engineer — Preconstruction
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Ms. Jones:
Re: Job #
Job Name
Coun
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. A check for the ARDOT administration fee (1 % of the low bid, not to exceed 1 % of the
Federal -aid funding plus required match).
3. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with the
regulations governing Federal -aid projects and all other applicable state and federal regulations,
and that this process has been reviewed and approved by the (Sponsor Name)'s Attorney.
Additionally, I certify that the bid is being awarded to the lowest responsive and qualified bidder
and that there has not been, nor will there be, any negotiations with the contractor or other bidders
regarding the amount bid.
Your concurrence in the award of this contract to (INSERT CONTRACTOR NAME) for
(INSERT LOW BID AMOUNT) is requested.
Sincerely,
Sponsor's CEO
Sponsor's Attorney
Enclosures
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
Revised: 12/11 /20
PAGE 1 OF 2 PAGES
Job No.: Payee/Sponsor: DATE:
FAP: address
County: PAY REQU EST #
Job Name.:
Federal Tax ID No.: FROM:
1 Maximum Approved Federal -aid Amount
2 Original Contract Amount
3 Net Changes by Change Orders
4 Present Contract Total
5 Present Federal -aid Amount (80% of Line 4
or Amount on Line 1, whichever is less)
6 Work Completed to Date
7 Federal Match (80% of Line 6 or amount
on Line 5, whichever is less)
8 Previous Reimbursements (Federal)
9 Amount Due this Estimate
(subtract Line 8 from Line 7)
• '
Total changes previously approved
ADDITIONS
DEDUCTIONS
Total approved this Request Period
TOTALS
NET CHANGES by Change Order
(Line 3 above)
By:
Title:
By:
Title:
TO:
The information provided in this document is true and correct and I
recommend that payment be made to the Contractor for this work.
Date:
Payment is requested from the Arkansas Department
of Transportation for the Amount Due. I certify that the
Contractor and/or subcontractor(s) are complying with the provisions
of FHWA-1273, Required Contract Provisions, Federal -aid Construction
Contracts, and Supplements; that the work has been completed by the
Contractor in accordance with the plans and specifications; and that
the Contractor has been paid for this work.
Date:
DEPARTMENT USE ONLY
Recommended for Payment in PAID
Accordance with Project Agreement Approved for Payment
Resident Engineer
State Construction Engineer
Voucher No.
Date:
Form LPA-014
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 12/11/20
PAGE 2 OF 2 PAGES
JOB NUMBER:
FAP:
JOB NAME:
SPONSOR:
REQUEST NO: DATE:
FROM: TO:
CONTRACTOR:
A
B
C
D I E
F
G
H
I
ITEM
NO.
DESCRIPTION OF WORK
SCHEDULED
VALUE
WORK COMPLETED
MATERIALS
PRESENTLY
STOCKPILED
(NOT IN D or E)
TOTAL
COMPLETED &
STOCKPILED
TO DATE (D+E+F)
%
COMPLETED
(G - C)
BALANCE
TO FINISH
(C - G)
PREVIOUS
REQUESTS
THIS PERIOD
GRAND TOTALS
Form LPA-014
COPY OF SPONSOR'S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM
Sponsor Form LPA-015
LPA Report of Daily Work Performed
Job Name: Job No.:
FAP No.: Contractor:
Date: Hours Worked: — Report No.:
Project Conditions
Site Conditions
Weather
Number of Contractor's
Personnel
Useable
Sunny
Laborers
Partly Useable
Partly Cloudy
Carpenters
Not Useable
Rain
Rainfall Amt. (in.)
Concrete Laborers
Equip. Operators
Min Temp. (F)
Max Temp. F
Electricians
Comments
Plumbers
Foreman
Other
Other
Location and Description of Work Performed
Special Instructions and/or Conversations
Signed:
Designated Full-time Employee
Form LPA-016
SPONSOR
LPA Final Acceptance Report
Job Name:
Date:
Job No:
FAP No:
County:
Route:
Contractor:
Date Work Began:
Date Work Completed:
Attendees:
Remarks:
❑ Provide Digital Photos of Completed Project (minimum of 5)
Project Completed in Substantial
Compliance with Plans and Specifications
and Recommended for Final Acceptance
by Sponsor
Engineer
Recommended for Acceptance in
Accordance with Project Agreement
ARDOT Resident Engineer
Project Recommended for Acceptance
Designated Full-time Employee:
I certify that the Contractor and/or subcontractor(s) have complied with the provisions of
FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and
Supplements; that the project has been completed by the Contractor in accordance with
the plans and specifications; that the Contractor has been paid for this work, and the
project is hereby accepted.
SPONSOR's CEO
1/28/2021 Form LPA-017
Page 1 of 2
2 CFR Part 200
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS
Subpart D - Post Federal Award Requirements
Record Retention and Access
§200.334 Retention requirements for records.
Financial records, supporting documents, statistical
records, and all other non -Federal entity records
pertinent to a Federal award must be retained for a
period of three years from the date of submission
of the final expenditure report or, for Federal
awards that are renewed quarterly or annually,
from the date of the submission of the quarterly or
annual financial report, respectively, as reported to
the Federal awarding agency or pass -through entity
in the case of a subrecipient. Federal awarding
agencies and pass -through entities must not impose
any other record retention requirements upon non -
Federal entities. The only exceptions are the
following:
(a) If any litigation, claim, or audit is started before
the expiration of the 3-year period, the records
must be retained until all litigation, claims, or audit
findings involving the records have been resolved
and final action taken.
(b) When the non -Federal entity is notified in
writing by the Federal awarding agency, cognizant
agency for audit, oversight agency for audit,
cognizant agency for indirect costs, or pass -
through entity to extend the retention period.
(c) Records for real property and equipment
acquired with Federal funds must be retained for 3
years after final disposition.
(d) When records are transferred to or maintained
by the Federal awarding agency or pass -through
entity, the 3-year retention requirement is not
applicable to the non -Federal entity.
(e) Records for program income transactions after
the period of performance. In some cases
recipients must report program income after the
period of performance. Where there is such a
requirement, the retention period for the records
pertaining to the earning of the program income
starts from the end of the non -Federal entity's
fiscal year in which the program income is earned.
(f) Indirect cost rate proposals and cost allocations
plans. This paragraph applies to the following
types of documents and their supporting records:
Indirect cost rate computations or proposals, cost
allocation plans, and any similar accounting
computations of the rate at which a particular
group of costs is chargeable (such as computer
usage chargeback rates or composite fringe benefit
rates).
(1) If submitted for negotiation. If the
proposal, plan, or other computation is
required to be submitted to the Federal
Government (or to the pass -through entity) to
form the basis for negotiation of the rate, then
the 3-year retention period for its supporting
records starts from the date of such
submission.
(2) If not submitted for negotiation. If the
proposal, plan, or other computation is not
required to be submitted to the Federal
Government (or to the pass -through entity) for
negotiation purposes, then the 3-year retention
period for the proposal, plan, or computation
and its supporting records starts from the end
of the fiscal year (or other accounting period)
covered by the proposal, plan, or other
computation.
§200.335 Requests for transfer of records.
The Federal awarding agency must request transfer
of certain records to its custody from the non -
Federal entity when it determines that the records
possess long-term retention value. However, in
order to avoid duplicate recordkeeping, the Federal
awarding agency may make arrangements for the
non -Federal entity to retain any records that are
continuously needed for joint use.
§200.336 Methods for collection, transmission,
and storage of information.
The Federal awarding agency and the non -Federal
entity should, whenever practicable, collect,
transmit, and store Federal award -related
information in open and machine-readable formats
rather than in closed formats or on paper in
accordance with applicable legislative
requirements. A machine-readable format is a
format in a standard computer language (not
English text) that can be read automatically by a
web browser or computer system. The Federal
awarding agency or pass -through entity must
always provide or accept paper versions of Federal
award -related information to and from the non -
Federal entity upon request. If paper copies are
submitted, the Federal awarding agency or pass -
through entity must not require more than an
original and two copies. When original records are
1/28/2021
2 CFR Part 200
Form LPA-017
Page 2 of 2
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS
Subpart D - Post Federal Award Requirements
Record Retention and Access
electronic and cannot be altered, there is no need to
create and retain paper copies. When original
records are paper, electronic versions may be
substituted through the use of duplication or other
forms of electronic media provided that they are
subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and
remain readable.
§200.337 Access to records.
Records of non -Federal entities. The Federal
awarding agency, Inspectors General, the
Comptroller General of the United States, and the
pass -through entity, or any of their authorized
representatives, must have the right of access to any
documents, papers, or other records of the non -
Federal entity which are pertinent to the Federal
award, in order to make audits, examinations,
excerpts, and transcripts. The right also includes
timely and reasonable access to the non -Federal
entity's personnel for the purpose of interview and
discussion related to such documents.
(a) Extraordinary and rare circumstances. Only
under extraordinary and rare circumstances would
such access include review of the true name of
victims of a crime. Routine monitoring cannot be
considered extraordinary and rare circumstances
that would necessitate access to this information.
When access to the true name of victims of a crime
is necessary, appropriate steps to protect this
sensitive information must be taken by both the
non -Federal entity and the Federal awarding
agency. Any such access, other than under a court
order or subpoena pursuant to a bona fide
confidential investigation, must be approved by the
head of the Federal awarding agency or delegate.
(b) Expiration of right of access. The rights of
access in this section are not limited to the required
retention period but last as long as the records are
retained. Federal awarding agencies and pass -
through entities must not impose any other access
requirements upon non -Federal entities.
§200.338 Restrictions on public access to
records.
No Federal awarding agency may place restrictions
on the non -Federal entity that limit public access to
the records of the non -Federal entity pertinent to a
Federal award, except for protected personally
identifiable information (PII) or when the Federal
awarding agency can demonstrate that such
records will be kept confidential and would have
been exempted from disclosure pursuant to the
Freedom of Information Act (5 U.S.C. 552) or
controlled unclassified information pursuant to
Executive Order 13556 if the records had belonged
to the Federal awarding agency. The Freedom of
Information Act (5 U.S.C. 552) (FOIA) does not
apply to those records that remain under a non -
Federal entity's control except as required under
§200.315. Unless required by Federal, state, local,
and tribal statute, non -Federal entities are not
required to permit public access to their records.
The non -Federal entity's records provided to a
Federal agency generally will be subject to FOIA
and applicable exemptions.
Form LPA-018
CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his knowledge and belief that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including sub grants, and
contracts and subcontracts under grants, sub grants, loans and cooperative
agreements) which exceed $100,000, and that all such sub recipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
City of Fayetteville
Sponsor
A* -�O�
Signature
Mayor Molly Rawn
Name (Sponsor's CEO)
Form LPA-019
Federal Funding Accountability and Transparency Act (FFATA)
Reporting Requirements
(For more information go to https://www.fsrs.gov/)
FFATA was signed on September 26, 2006. The intent is to empower every American with
the ability to hold the government accountable for each spending decision. The end result is to
reduce wasteful spending in the government. The FFATA legislation requires information on federal
awards (federal financial assistance and expenditures) be made available to the public via a single,
searchable website, which is www.USASpending.gov.
A Prime Grant Recipient (Arkansas Department of Transportation (hereinafter called
ARDOT)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is
subject to FFATA sub -award reporting requirements as outlined in the Office of Management and
Budget guidance issued August 27, 2010. ARDOT is required to file a FFATA sub -award report
for any sub -grant awarded to a sub-awardee greater than or equal to $25,000. As a
sub-awardee,
information to ARDOT in order to fulfill FFATA reporting requirements:
shall provide the following
A Unique Entity Identifier (UEI) of the sub-awardee receiving the award and the parent entity
of the recipient, should the sub-awardee be owned by another entity;
The names and total compensation of the five most highly compensated officers of the
sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent or
more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual
gross revenues from Federal awards; and the public does not have access to information
about the compensation of the senior executives of the sub-awardee through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1).
Page 1 of 2
Form LPA-019
(A) Sub-Awardee UEI:
Required Sub-Awardee Information
FKCQRMDULFH9
Parent (if applicable) UEI:
N/A
UEI Expiration Date:
UEI Expiration Date:
(B) In the preceding completed Federal fiscal year, did your business or organization (the legal
entity to which the UEI number entered above belongs) receive (1) 80 percent or more of its
annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or
cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S.
federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements?
Yes No
If "Yes" is selected, answer (C).
(C) Does the public have access to information about the compensation of the executives in your
business or organization (the legal entity to which the UEI entered above belongs) through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
Yes No
If "Yes" is selected, visit http://Www.sec.govledgar.shtml for reference.
If "No" is selected, answer (D).
(D) If "No" was selected in Question "C", complete the following information for the five (5) most
highly compensated executives in your business or organization (the legal entity to which the
UEI entered above belongs). Amount should reflect the Total Compensation Amount in the
preceding completed Federal fiscal year in U.S. whole dollars.
Sub-Awardee Names and Compensation of Most Highly Compensated Officers
1. Name:
2. Name:
3. Name:
4. Name:
Name:
Amount: $
Amount: $
Amount: $
Amount: $
Amount: $
Page 2 of 2
LPA Project Quarterly Report Form
Form LPA-020
Date:
Job No.:
Job Name:
F.A.P.:
Funding Program:
Year:
Quarter:
Sponsor:
Submitted By:
Sponsor Phone:
Sponsor Email:
vrogress Keport:
CURRENT PROJECT STATUS
Construction
Plans:
❑ 30%
❑ 60%
❑ 90%
❑ Final
Environmental
All Permits Received
Final Clearance
Clearance:
El ARDOT
ARDOT to Handle
Preliminary
❑ Complete
El
Date:
Date:
ROW Plans Approved
Acquisition Documents
❑ No Acquisition Needed
❑ ROW Plans in Progress
❑
❑ Approved
Right of Way
Date:
Date:
Acquisition:
Acquisition Complete
Right of Way Certification Submitted
❑ Acquisition Underway
❑
❑ Conditional ❑ Final
Date:
Date:
Utility
Utility Relocation
Relocation Plans Prepared
Relocation Complete
El Not Necessary
ry
El
El Underway
ElRelocation:
Date:
Date:
Authority to
Request Submitted
ARDOT Approval Received
Bid Opening
Advertise:
Date:
Date:
Date:
Concurrence
Request Submitted
ARDOT Approval Received
Contract Executed
in Award:
El
Date:
Date:
Date:
Progress (%)
Estimated Completion
Project Completed
Construction:
El
0%
Date:
Date:
ARDOT Contact: Rev. 10-2-2023
CHANGE ORDER FORM Form L,PA-022
ARDOT JOB NO.: F.A.P. No.: CHANGE ORDER NO.:
JOB NAME: DATE PREPARED:
OWNER:
CONTRACTOR:
ULSGKIP I IUN OF GNANGL
JUST HGA I IUN / KLAWN FUK
SUMMARY
PREPARED BY:
ITEM
NO.
ITEM
UNIT
UNIT
PRICE
PRESENT
REVISED
QUANTITY
AMOUNT
QUANTITY
AMOUNT
TOTALS: 1 $ - 1 1 $ - j
Prepared by ARDOT Page 1 of 2 Revised: 8/10/2023
CHANGE ORDER FORM
Form LPA-022
CHANGES TO CONTRACT PRICE:
ORIGINAL CONTRACT PRICE
CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS
THE CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE (INCREASED) / (DECREASED) BY
THE NEW CONTRACT PRICE, INCLUDING THIS CHANGE ORDER, WILL BE
CHANGES TO CONTRACT TIME:
THE CURRENT CONTRACT TIME DAYS
THE CONTRACT TIME WILL BE (INCREASED) / (DECREASED) BY DAYS
THE CONTRACT PERIOD, INCLUDING THIS CHANGE ORDER, SHALL BE DAYS
APPROVALS:
ENGINEER: [INSERT ENGINEER NAME HERE]
Signature Date
OWNER: [INSERT OWNER NAME HERE]
Signature
CONTRACTOR: [INSERT CONTRACTOR NAME HERE]
Signature Date
ARDOT RESIDENT ENGINEER CONCURS
Date Signature Date
ARDOT LOCAL PROGRAMS APPROVES
Signature
Date
Prepared by ARDOT Page 2 of 2 Revised: 8/10/2023
Form LPA-023
GUIDELINE FOR INSPECTION OF LOCALLY ADMINISTERED
CONSTRUCTION CONTRACTS
Upon receipt of written concurrence from the Arkansas Department of Transportation in the award
of the construction contract, the construction contract may be executed. The following minimum
guidelines for inspection must be met:
1) Project must be inspected by a Professional Engineer registered to practice in the State of
Arkansas.
2) Project must be inspected using best practices for the type of work and the Sponsor is not
required to use Department inspection procedures.
3) Prior to beginning construction activities, the Sponsor must hold a pre -construction meeting
and must invite the Department's Resident Engineer (RE) assigned to the project. At the
meeting:
a) The Sponsor will provide the RE two sets of plans and two copies of the construction
contract. (One for RE's records and one to be sent to Local Programs Division)
b) The RE will provide a packet of posters and notices required by the FHWA-1273
supplemental specifications.
4) Submit the Construction Certification and Reimbursement Request (CCRR) form to the RE
for review and handling. RE to check:
a) Maximum federal funding available.
b) Signed by Sponsor's Chief Elected Official (CEO).
c) RE to review for math errors and compare to previously submitted CCRRs.
d) Page 2 of the CCRR must be submitted.
e) Copy of check(s) from the Sponsor to the Sponsor's Contractor and LPA Report(s) of Daily
Worked Performed.
5) Prior to implementing change orders, the Sponsor must submit fully executed change orders
to the Department's RE for Department review and approval. The change order form must
include:
a) The Sponsor's CEO (or designated representative), Engineer, and Contractor's signature.
b) Description of the change and why the change was necessary.
c) For unit price contracts, any changes in quantities.
d) For new pay items, the pay item name, quantities, units, and unit price.
e) Time extensions.
f) All change orders must be reviewed and approved before beginning work except for
reconciliation change orders at the end of the project.
g) Reconciliation changes are required for project underruns greater than 20% and for all
projects greater than 10% over.
6) Upon completion of the Project:
a) Submit a CCRR form showing the work completed as the final contract amount.
i) This form must be submitted even if the Sponsor has been reimbursed 100% of the
Federal -aid available for the Project.
b) Hold a final acceptance meeting in which the Sponsor's engineer, the designated full-time
employee and the Department's RE must attend.
c) Submit the LPA Final Acceptance Report form to the RE at the final acceptance meeting.
Form LPA-029
Title VI Requirements and Responsibilities
Title VI of the Civil Rights Act of 1964, prohibits discrimination based upon race, color,
and national origin. Specifically, 42 USC 2000d states that "No person in the United
States shall, on the ground of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance."
ARDOT is a recipient of federal funds from the U.S. Department of Transportation modal
agencies, including the Federal Highway Administration (FHWA) and the Federal Transit
Administration (FTA). All recipients/subrecipients of federal funding must comply with the
requirements of Title VI of the Civil Rights Act of 1964 and other nondiscrimination
statues, regulation, and authorities.
Therefore, the sponsor (subrecipient) must also comply with the requirements of Title VI
and its responsibilities.
Upon receipt of ARDOT reimbursement, the subrecipient will be required to establish
Title VI compliance. ARDOT's Title VI Coordinator or designee will contact the
subrecipient to request the following information:
• Name of designated Title VI/ADA/Section 504 Coordinator
• Notice of Nondiscrimination
• Complaint Procedure and Process
• Complaint Form
• Standard USDOT Title VI/Non-Discrimination Assurances
o Must be signed annually by highest ranking official
The Title VI Coordinator or designee will assist the subrecipient in establishing the
information as needed. For further information or inquiries, please contact the Civil Rights
Division at 501-569-2299.
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'�- PROJECT:
'` . - MLK-callow Intersection
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
2025-0608
Item ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/30/2025 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends that the Mayor sign the attached Letter (LPA 031), authorizing the Arkansas Department of
Transportation (ARDOT) to procure an on -call consultant on the City's behalf for the design of the M.L.K. Pedestrian
Improvements project.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution # 127-25
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Molly Rawn, Mayor
THRU: Keith Macedo, Interim Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Mihalevich, Active Transportation Manager
DATE: July 30', 2025
STAFF MEMO
SUBJECT: 2025-0608 Authorizing ARDOT to procure a design consultant
RECOMMENDATION:
Staff recommends that the Mayor sign the attached Letter (LPA 031), authorizing the Arkansas
Department of Transportation (ARDOT) to procure an on -call consultant on the City's behalf for
the design of the M.L.K. Pedestrian Improvements project.
BACKGROUND:
The City was awarded a $500,000 Transportation Alternatives Program (TAP) grant in January
2025 for the construction of M.L.K Pedestrian Improvements project for sidewalk improvements
identified in Fayetteville's 2019 Mobility Plan.
On May 20', 2025, Resolution 127-25 approved an agreement with ARDOT for the M.L.K.
Pedestrian Improvements project and authorized Mayor Rawn to sign any additional documents
as necessary to receive the grant funds and implement the project.
DISCUSSION:
The attached letter is required by ARDOT for them to start the design process for the sidewalk
improvements project.
BUDGET/STAFF IMPACT:
None
Attachments:
LPA-031 — ARDOT procurement of design consultant.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Aft
CITY OF
FAYETTEVILLE
ARKANSAS
July 30th, 2025
Mr. David Siskowski
Division Head — Local Programs
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Re: Job # 040993
Fayetteville M.L.K. Ped. Impvts.
(TAP-24) (S)
Washington County
Dear Mr. Siskowski:
We are interested in the Department contracting with an on -call consultant on our behalf. This
letter certifies our understanding that, as the Sponsor, we remain responsible for the duties and
functions outlined in the Agreement of Understanding, including full project management of the
referenced project. Should an on -call consultant be assigned, their services would be limited to
the Planning, Design, Environmental, Right of Way, and Utility Relocation phases.
We also acknowledge that the Department retains full discretion in selecting the on -call
consultant. We understand that this decision may be based on factors including but not limited
to current availability, workload, qualifications, and geographic location of the project.
Sincerely,
Molly Rawn, City of Fayetteville Mayor
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701