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Home My WebLink About062-26 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Resolution: 62-26 File Number: 2026-280 A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION TO UTILIZE FEDERAL-AID TRANSPORTATION ALTERNATIVES PROGRAM FUNDS IN THE AMOUNT OF $250,000.00 FOR THE FAYETTEVILLE RAZORBACK GREENWAY IMPROVEMENTS PROJECT, TO AUTHORIZE THE MAYOR TO SIGN ADDITIONAL DOCUMENTS AS NECESSARY TO IMPLEMENT THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on February 18, 2025, the City Council passed Resolution 60-25 approving an application for federal-aid Transportation Alternatives Program funds for the Razorback Greenway Improvements Project through the Arkansas Department of Transportation; and WHEREAS, in October 2025, the City was notified it was awarded $250,000 for the project with the City being responsible for providing local matching funds in the amount of $62,500.00; and WHEREAS, the proposed project includes asphalt replacement of sections of the Razorback Greenway with concrete pavement that will cover 4,784 linear feet of 12-foot-wide shared-use trail. 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 Arkansas Department of Transportation to utilize Federal-aid Transportation Alternatives Program funds in the amount of $250,000.00 for the Fayetteville Razorback Greenway Improvements Project and further authorizes the Mayor to sign any additional documents as necessary to implement the project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on March 5, 2026 Approved: Molly Rawn, Mayor Attest: Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-280 MEETING OF MARCH 5, 2026 TO: Mayor Rawn and City Council THROUGH: Justin Bland, City Engineer Chris Brown, Public Works Director Keith Macedo, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager SUBJECT: Transportation Alternatives Program Federal Aid Funds – Razorback Greenway Improvements RECOMMENDATION: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation (ARDOT) for the Fayetteville Razorback Greenway Improvements project made possible through the Arkansas Department of Transportation – Transportation Alternatives Program (TAP) and approving a budget adjustment to recognize $250,000.00 in federal-aid funding and authorizing the Mayor to sign additional grant related documents as necessary to implement the project. BACKGROUND: In February 2025, Resolution 60-25 approved the application for the Razorback Greenway Improvements project through the Arkansas Department of Transportation. In October 2025, a notice of award confirmed the full requested amount of $250,000. The oldest sections of the Razorback Greenway in Fayetteville, built in 2008 with asphalt pavement, are now 18 years old and showing signs of deterioration, including cracks, buckling, and bumps, creating safety hazards. The most damaged areas are between Cleveland Street and north of Poplar Street in central Fayetteville. The proposed asphalt replacement will cover 4,784 linear feet (0.9 miles) of 12-foot-wide shared- use trail. DISCUSSION: The identified sections of the Razorback Greenway, proposed for replacement with concrete pavement, are among the busiest, with over 800 users on average per day. The Greenway serves as the primary active transportation route, enabling people of all ages and abilities to access hundreds of destinations without relying on a vehicle. The city's trail construction crew, through the Transportation Department, will handle the pavement replacement work. This approach allows the grant funding to stretch further, replacing more trail while minimizing disruption. Short sections will be replaced at a time, with well-managed detours ensuring trail users can still reach their destinations during construction. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov The City of Fayetteville has been awarded $250,000 in federal-aid funding by the Arkansas Department of Transportation – Transportation Alternatives Program. The required 20 percent match or $62,500 has been budgeted through the Trails Capital Improvements Program. ATTACHMENTS: 3. Staff Review Form, 4. Budget Adjustment, 5. Letter to Mayor Rawn_Job 041017_Fayetteville Razorback Greenway Impvts., 6. Job 041017 Agreement of Understanding Packet, 7. 2025 TAP & RTP Application Cycle Notification Letter for the City of Fayetteville_2, 8. Razorback Greenway Pavement Replacement Map 2-21-25, 9. Razorback Greenway Existing Asphalt Conditions, 10. Scull Creek Trail Asphalt Replacement Cost Estimate Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 File #: 2026-280 A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION TO UTILIZE FEDERAL-AID TRANSPORTATION ALTERNATIVES PROGRAM FUNDS IN THE AMOUNT OF 250,000.00 FOR THE FAYETTEVILLE RAZORBACK GREENWAY IMPROVEMENTS PROJECT, TO AUTHORIZE THE MAYOR TO SIGN ADDITIONAL DOCUMENTS AS NECESSARY TO IMPLEMENT THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on February 18, 2025, the City Council passed Resolution 60-25 approving an application for federal-aid Transportation Alternatives Program funds for the Razorback Greenway Improvements Project through the Arkansas Department of Transportation; and WHEREAS, in October 2025, the City was notified it was awarded $250,000 for the project with the City being responsible for providing local matching funds in the amount of $62,500.00; and WHEREAS, the proposed project includes asphalt replacement of sections of the Razorback Greenway with concrete pavement that will cover 4,784 linear feet of 12-foot-wide shared-use trail. 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 Arkansas Department of Transportation to utilize Federal- aid Transportation Alternatives Program funds in the amount of $250,000.00 for the Fayetteville Razorback Greenway Improvements Project and further authorizes the Mayor to sign any additional documents as necessary to implement the project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville Staff Review Form 2026-280 Item ID 3/3/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Matt Mihalevich 2/6/2026 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation ARDOT) for the Fayetteville Razorback Greenway Improvements project made possible through the Arkansas Department of Transportation – Transportation Alternatives Program (TAP) and approving a budget adjustment to recognize $250,00.00 in federal-aid funding and authorizing the Mayor to sign additional grant related documents as necessary to implement the project. Budget Impact: 4470.800.8830-5330.05 4470.800.8830-5420.00 Sales Tax Capital Improvements Account Number Fund 02016.2602 Trail Development - Razorback Greenway Impr TAP Grant Project Number Project Title Budgeted Item?Yes Total Amended Budget $2,972,034.00 Expenses (Actual+Encum)$57,786.64 Available Budget $2,914,247.36 Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?Yes Budget Adjustment $250,000.00 300.00 Remaining Budget $3,164,247.36 V20221130 Purchase Order Number:Previous Ordinance or Resolution #60-25 Change Order Number:Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Org2 ENGINEERING (621) Adjustment Number 2026 Requestor:Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for the Fayetteville Razorback Greenway Improvements project made possible through the Arkansas Transportation Department – Transportation Alternatives Program (TAP) and approving a budget adjustment to recognize $250,00.00 in federal-aid funding and authorizing the Mayor to sign additional grant related documents as necessary to implement the project. COUNCIL DATE:3/3/2026 ITEM ID#:2026-280 Holly Black 2/6/2026 9:14 AM Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.202625TOTAL250,000 250,000 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT AccountNameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4470.800.8830-4309.00 -250,000 02016 2602 RE Federal Grants - Capital 4470.800.8830-5330.05 200,000 -02016 2602 EX Labor charges 4470.800.8830-5420.00 112,500 -02016 2602 EX Trail Maintenance 4470.800.8830-5420.00 (62,500)-02016 1301 EX Trail Maintenance 1 of 1 February 6, 2026 The Honorable Molly Rawn Mayor of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Re: Job 041017 Fayetteville Razorback Greenway Impvts. (TAP-25) (S) Washington County Dear Mayor Rawn: Reference is made to the Fayetteville Razorback Greenway 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 www.ardot.gov/LPA. If you have any questions, please contact our Local Programs Grant Procurement Section at (479) 360-7161 or LPA@ardot.gov. Sincerely, Keli Wylie, P.E. Assistant Chief Engineer Program Delivery Enclosure c: Chief Engineer – Operations Chief Engineer – Preconstruction Local Programs Program Management District 4 Tim Conklin, Executive Director, NWARPC Job 041017 'C' File - 1 - 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 041017, Fayetteville Razorback Greenway Impvts. (TAP-25) (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. 60-25 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 Federal % Minimum 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 $250,000 maximum Federal-aid TAP funds for the construction phase 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 Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation - 2 - 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 (Form LPA-031). • 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. Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation - 3 - • 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 Execution by the Department 60 Days following receipt of the 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 for Authority to Advertise 90 Days from the return of Department 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. Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation - 4 - 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. Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation - 5 - 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), Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation - 6 - 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 - 7 - 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: 1. 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). 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 day of March , 20 26 ARKANSAS DEPARTMENT OF TRANSPORTATION a� D. Wile) Director THE CITY OF FAYETTEVILLE U4 vawl_11.1) - Molly Rawn a.Cayor, Kk Williams City Attorney All Forms referenced in this Agreement are available in digital format on the Department's webpage www.ardot.Qov/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, sea, color, age, national origin, religion (not applicable as a protected group under the FMCSA Title VI Program), or disability in the admission, access to and treatment in ARDOT's programs and activities, as well as ARDOT's hiring or employment practices Complaints ofalleged discrimination and inquiries regarding ARDOT's nondiscrimination policies may be directed to the Civil Rights Division (P. O Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711)), or the following email address: Civil Rights@ardot gov Free language assistance may be available upon request This notice is available from the ADA/504/Title Vl Coordinator in large print, on audiotape, and in Braille -8- 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".) Form LPA-001 Rev. 8/27/19 Form LPA-002 1 LOCAL AGENCY CONSULTANT SELECTION PROCEDURES Section I – Application (These procedures do not apply to Design-Build Contracts.) These procedures apply to federally and state funded contracts for engineering and design related services for projects and are issued to ensure that a qualified consultant is obtained through an equitable qualifications-based selection procurement process and that the prescribed work is properly accomplished in a timely manner at a fair and reasonable cost. Engineering and design related services are defined in 23 Code of Federal Regulations (CFR) Part 172 to include program management, construction management, preliminary engineering, design engineering, surveying mapping, or architectural related services with respect to a highway construction project. These services also include professional services of an architectural or engineering nature, as defined by State law, which are required to or may logically or justifiably be performed or approved by a person licensed, registered, or certified to provide the services with respect to a highway construction project. Contracts for these services that are paid with Federal-aid highway program (FAHP) funding will be awarded following these selection procedures. The federal laws and regulations that govern the procurement of engineering and design related services with FAHP funds are: • 23 United States Code (U.S.C.) 106 “Project approval and oversight” • 23 U.S.C. 112 “Letting of contracts” • 23 U.S.C. 114(a) “Construction Work In General” • 23 U.S.C. 302 “State transportation department” • 23 U.S.C. 315 “Rules, regulations, and recommendations” • 23 U.S.C. 402 “Highway safety programs” • 40 U.S.C. Chapter 11 – Selection of Architects and Engineers, §§1101 et seq., commonly called the “Brooks Act” • 2 CFR Part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” • 23 CFR Part 172 “Procurement, Management, and Administration of Engineering and Design Related Services” • 48 CFR Part 31 “Contract Cost Principles and Procedures” • 49 CFR Part 1.48(b) “The Federal Highway Administrator is delegated authority to administer the following provisions of title 23, Highways, U.S.C.” In accordance with the above federal laws and regulations, the Arkansas Department of Transportation (Department) has approved these procedures for use by Rev. 8/27/19 Form LPA-002 2 the Local Agency for the “competitive negotiation” (qualifications-based selection) method of procurement as defined in 23 CFR §172.7, Procurement Methods and Procedures that complies with the Brooks Act (40 U.S.C. §§1101, et seq.). The Local Agency will use these procedures for Federal-aid contracts and may elect to use them for non-Federal-aid contracts. Section II – Advertisement for Letters of Interest The Local Agency may employ a consultant engineering firm when a need exists for engineering services, and it is in the Local Agency’s best interest to employ an engineer or engineering firm. As a minimum, the Local Agency will advertise in a statewide newspaper, the Department’s website and the Local Agency’s website (if available), advising that consultant engineering services are being sought. In addition, the Local Agency may advertise in appropriate national trade magazines or websites for specialized services. Interested firms must furnish: 1. A cover letter with the firm’s response including primary contact information. 2. The firm’s completed Architect-Engineer Qualifications Standard Form (SF) 330 Parts I and II (48 CFR §53.236-2(b)). (SF 330 is available on the Department’s website.) http://arkansashighways.com/consultant_services/advertisements/advertisem ents.aspx 3. A current copy of the firm’s equal employment opportunity policy required per Arkansas Code Annotated (Ark. Code Ann.) §19-11-104. 4. The firm’s current copy (within 12 months) of the Department and Finance and Administration (DFA) Illegal Immigrant Contractor Disclosure Form (Ark. Code Ann. §19-11-105). https://www.ark.org/dfa/immigrant/index.php/user/welcome Advertisements may be for either a specific single project; a group of projects; or for an on-call or indefinite delivery/indefinite quantity (IDIQ) for an established contract period (not to exceed 5 years), to be determined at a later date with specific task orders issued for each project. (23 CFR §172.9(a)) When advertising a specific project, the advertisement will describe the work in general terms allowing firms to evaluate their interest in performing the desired services. When advertising a group of projects, a general description of work will be furnished. Firms will be asked to specify the projects they are interested in performing. When the Local Agency decides to proceed with a certain project, those firms having expressed interest in that project will be considered for selection. Rev. 8/27/19 Form LPA-002 3 When advertising for an on-call / IDIQ projects with later specified task orders, the advertisement will include a general description of work for the project task and the number of consultants anticipated to be selected. If a solicitation fails to yield three qualified respondents, then the Local Agency may proceed with evaluation and selection if the Local Agency and the Department determines that the solicitation did not contain conditions or requirements that arbitrarily limited competition. Alternatively, the Local Agency may pursue procurement following the noncompetitive method when competition is determined to be inadequate and it is determined to not be feasible or practical to re-compete under a new solicitation. (23 CFR §172.7(a)(1)(iv)(D)) Solicitations will include language to comply with state procurement laws, rules, and regulations including but not limited to Ethical Standards (Ark. Code Ann. §19-11- 708), Employee and Relative Disclosure, and Equal Opportunity Policy. Interested firms are advised that in order to comply with state and federal requirements that the Local Agency will verify suspension and debarment actions and eligibility status of consultants in accordance with 2 CFR Part 1200 and 2 CFR Part 180. Ark. Code Ann. §§19-11-701 through 19-11-714 addresses ethics and conflicts of interest. Federal regulations about conflicts of interest are described in 2 CFR §200.112, 23 CFR §1.33, and provisions of 23 CFR §172.7(4). No Local Agency employee may participate in selection, award or administration of a contract in which the Local Agency employee or any member of his or her immediate family has a financial, prospective financial, or other interest. Additionally, in accordance with Ark. Code Ann. §19-11-704(b) it is a breach of ethical standards for any person, including potential consultants, or parties to subagreements to engage in any conduct or behavior with other consultants, contractors, cities, counties, state agencies, or metropolitan/local planning organizations that may influence any public employee to breach the standards of ethical conduct provided by state and federal laws. Section III – Selection Committee The Local Agency will designate a Selection Committee (Committee) to evaluate and analyze the letters of interest (LOI) and proposals. Rev. 8/27/19 Form LPA-002 4 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 1 Professional staff including the education, experience, number of personnel available, and any partnerships with sub-consultants 10 2 General and professional reputation, including responsiveness to civil rights and equal employment opportunity requirements and opportunities 10 3 *Past work performance 10 4 Experience with projects of a similar nature as those advertised 10 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. Rev. 8/27/19 Form LPA-002 5 The short-listed firms should submit proposals that contain the following: 1. A cover letter with primary contact information, 2. A detailed work plan that identifies the major tasks of work, 3. A list of major concerns associated with completing the work, 4. A detailed work schedule for specific projects as requested, 5. A manpower estimate for specific projects as requested, and 6. Updated Standard Form 330 Parts I and II, if necessary. The Committee will review the proposals with particular attention to the five (5) listed evaluation factors for the proposals and will also consider the results determined in Section IV. The evaluation factors and their relative importance will be listed in the RFP if any of the factors are different from the list below. No. Evaluation Factors for Proposals Maximum Points Possible 1 Obvious indication that the scope of work is clearly understood 20 2 Comprehensive, coherent, and detailed work plan 20 3 Realistic work schedule when applicable 10 4 Proposed working office location, need for a local office, and any local representative* 5 5 Identification of sub-consultants and responsiveness to DBE goals and opportunities 5 6 Total Points for LOI 40 Total Points for Proposals 100 *Locality preference shall not be based on political or jurisdictional boundaries and may be applied on a project-by-project basis for contracts where a need has been established for a consultant to provide a local presence, a local presence will add value to the quality and efficiency of the project, and application of this criteria leaves an appropriate number of qualified consultants, given the nature and size of the project. (Consultants indicating that it will satisfy this factor in some manner, such as establishing a local project office, shall be considered to have satisfied this factor.) Based on these evaluation factors, the Committee will rank the consultants based on the total score and submit the list to the Local Agency who will either: 1. Select one (1) firm to enter negotiations with; or 2. Select a. Multiple firms for an IDIQ contract; or b. Three or more firms to interview (a firm may present additional information concerning their proposal at the interview). After the interviews, the Committee will re-evaluate the firms based on the interview and the same evaluation factors as noted previously. The ranking list will be submitted to the Local Agency for review and final selection. The Local Agency’s contract file will contain records of the rankings and supporting data; however, the rankings will not be public information. Copies of the LOI advertisement, the rankings, and supporting data shall be submitted to the Department. Rev. 8/27/19 Form LPA-002 6 Notification must be provided to all responding consultants of the final selection of the most qualified consultant including the ranking of the top three consultants on projects where only one consultant is selected. Section VI – Negotiation and Contract Preparation Once a firm is selected for negotiation for a specific job or a group of projects, it will prepare a draft contract including a cost estimate for the project(s). The other firms on the short list will be advised of the firm selected, subject to successful negotiations. Prior to receipt or review of the draft contract and cost estimate, the Local Agency shall prepare a detailed independent estimate with an appropriate breakdown of the work or labor hours, types or classifications of labor required, other direct cost and consultant’s fixed fee for the defined scope of work. The independent estimate shall serve as the basis for negotiation to ensure a fair and reasonable cost is obtained. More than one firm may be selected for an on-call or IDIQ contract. The contract will establish a maximum ceiling price for work issued under the contract as well as an expiration date not to exceed 5 years, per 23 CFR Part 172. Individual task order cost estimates will be negotiated when issued. The selected firm will prepare a draft contract based on a sample contract furnished by the Department. In accordance with the principles of 23 CFR 172, the draft contract must include an overhead rate that is approved by the Department. If the contract exceeds $250,000, in accordance with the Department’s Indirect Cost Rate Audit Requirements, the indirect cost rate shall be verified through an audit performed by a certified public accountant on behalf of the consultant. If the contract is less than $250,000, and at least one of these conditions applies: 1. When there is insufficient knowledge of the consultant’s accounting system 2. When there is previous unfavorable experience regarding the reliability of the consultant’s accounting system 3. When the contract involves procurement of new equipment or supplies for which cost experience is lacking then the Consultant shall provide the indirect cost rate verified through an audit performed by a certified public accountant on behalf of the consultant. The certified audit shall be provided by the selected firm prior to the submission of the final draft contract. Pursuant to this requirement, the Department will notify the Local Agency if an audit by a certified public accountant for the selected firm is necessary. The certified audit needs to be provided by the selected firm prior to the submission of the final draft contract. The Local Agency will review the draft contract proposal and either approve it as submitted or enter into negotiations with the selected firm to establish a contract and contract ceiling price that the Local Agency deems is fair and reasonable. If a satisfactory contract cannot be negotiated with the selected firm, negotiations will be Rev. 8/27/19 Form LPA-002 7 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. Rev. 8/27/19 Form LPA-002 8 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. 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 County 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 ______ feet and be _____ feet wide with a/an _______ surface. 2) Other project changes are as follows: _________________________________________. 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 479.444.3416 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(es)/personal property/etc) on the project. There are no structures located within the right of way area. -Or- All structures have been removed from this project, except for those to be included as demolition items in the highway contract. No conflicting utilities are known to exist in the right of way area. -Or- Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status Report. There are no railroads involved on this project -OR- Tract(s) #___ shown above include(s) #____ (Permanent/Temporary Construction Easements) for _________ Railroad. No right of way in excess of that needed for construction or future maintenance of this project was acquired. Certified by:_________________________ Date:_______________ (Type name) (Type title) Form LPA-006 CITY OF FAYETTEVILLE ARKANSAS Form LPA-007 21612026 Job #041017 Fayetteville Razorback Greenway Improvements (TAP-25)(S) Washington County Title to the right of way necessary for the construction of this project was in public ownership prior to project development. No additional right of way was acquired. There are no displacees on this project. There are no structures located within the right of way area. There are no railroads involved on this project. No known conflicting utilities exist within the right of way area. Certified b 10Date: 03/05/2026 MolJ R wn May of Fayetteville Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Form LPA-008 PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING AUTHORITY TO ADVERTISE DATE Ms. Jessie Jones, P.E. Chief Engineer – Preconstruction Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Ms. Jones: 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 CERTIFICATION LETTER REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT DATE Ms. Jessie Jones, P.E. Chief Engineer – Preconstruction Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Ms. Jones: 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 Revised: 12/11/20 CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST PAGE 1 OF 2 PAGES Job No.:Payee/Sponsor:DATE: FAP:address County:PAY REQUEST # Job Name.: Federal Tax ID No.:FROM:TO: SPONSOR'S REQUEST FOR PAYMENT Designated Full Time Employee In Responsible Charge The information provided in this document is true and correct and I recommend that payment be made to the Contractor for this work. $0.00 $0.00 By:Date: $0.00 Title: $0.00 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 $0.00 Sponsor's CEO (subtract Line 8 from Line 7) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Payment is requested from the Arkansas Department of Transportation for the Amount Due. I certify that the Total changes previously approved 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 Total approved this Request Period Contractor in accordance with the plans and specifications; and that the Contractor has been paid for this work. TOTALS By:Date: NET CHANGES by Change Order (Line 3 above)Title: DEPARTMENT USE ONLY PAID Voucher No. Resident Engineer Date: Form LPA-014 Recommended for Payment in Accordance with Project Agreement State Construction Engineer Approved for Payment $0.00 $0.00 $0.00 CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 12/11/20 DETAIL ESTIMATE PAGE 2 OF 2 PAGES JOB NUMBER: FAP:REQUEST NO:0 DATE: JOB NAME: FROM:1/0/1900 TO: SPONSOR:CONTRACTOR: A B CDE F G HI WORK COMPLETED MATERIALS TOTAL % BALANCE ITEM DESCRIPTION OF WORK SCHEDULED PREVIOUS PRESENTLY COMPLETED & COMPLETED TO FINISH NO. VALUE REQUESTS THIS PERIOD STOCKPILED STOCKPILED (G ÷ C) (C - G) (NOT IN D or E) TO DATE (D+E+F) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GRAND TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Form LPA-014 COPY OF SPONSOR'S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! 1/0/1900 1/0/1900 0 0 0 0 0 Sponsor LPA Report of Daily Work Performed Job Name: ____________________________________ Job No.: ______________ FAP No.: ______________________ Contractor: ___________________________ Date: ____________ Hours Worked: ______ – ______ Report No.: ______ Project Conditions Site Conditions Weather Number of Contractor’s Personnel ____ Useable ____ Sunny ____ Laborers ____ Partly Useable ____ Partly Cloudy ____ Carpenters ____ Not Useable ____ Rain ____ Concrete Laborers Min Temp. (F) ____ Rainfall Amt. (in.) _____ ____ Equip. Operators Max Temp. (F) ____ Comments ____ Electricians ____ Plumbers ____ Foreman ____ Other ___________ ____ Other ___________ Location and Description of Work Performed Special Instructions and/or Conversations Signed: _____________________________ Designated Full-time Employee Form LPA-015 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 Form LPA-017 Page 1 of 2 1/28/2021 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 Form LPA-017 Page 2 of 2 2 CFR Part 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D - Post Federal Award Requirements Record Retention and Access electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. §200.337 Access to records. Records of non-Federal entities. The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the pass-through entity, or any of their authorized representatives, must have the right of access to any documents, papers, or other records of the non- Federal entity which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the non-Federal entity's personnel for the purpose of interview and discussion related to such documents. (a) Extraordinary and rare circumstances. Only under extraordinary and rare circumstances would such access include review of the true name of victims of a crime. Routine monitoring cannot be considered extraordinary and rare circumstances that would necessitate access to this information. When access to the true name of victims of a crime is necessary, appropriate steps to protect this sensitive information must be taken by both the non-Federal entity and the Federal awarding agency. Any such access, other than under a court order or subpoena pursuant to a bona fide confidential investigation, must be approved by the head of the Federal awarding agency or delegate. (b) Expiration of right of access. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. Federal awarding agencies and pass- through entities must not impose any other access requirements upon non-Federal entities. §200.338 Restrictions on public access to records. No Federal awarding agency may place restrictions on the non-Federal entity that limit public access to the records of the non-Federal entity pertinent to a Federal award, except for protected personally identifiable information (PII) or when the Federal awarding agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the Federal awarding agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to those records that remain under a non- Federal entity's control except as required under §200.315. Unless required by Federal, state, local, and tribal statute, non-Federal entities are not required to permit public access to their records. The non-Federal entity's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions. Form LPA-018 CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Fayetteville asor kk6 Signature Molly Rawn, Mayor of Fayetteville Name (Sponsor's CEO) Form LPA-01 9 Federal Funding Accountability and Transparency Act (FFATA) Reporting Reguirements (For more infomnation go to hfips://www.fsrs.gov4 FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is 1nwvu,USAScenuinc. o.. 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, City of Fayetteville shall provide the following information to ARDOT in order to fulfill FFATA reporting requirements: A Unique Entity Identifier (UEI) of the sub-awardee receiving the award and the parent entity of the recipient, should the sub-awardee be owned by another entity; The names and total compensation of the five most highly compensated officers of the sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to information about the compensation of the senior executives of the sub-awardee through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). Page 1 of 2 (A) Sub-Awardee UEI: Required Sub-Awardee Information FKCQRMDULFH9 Parent (if applicable) UEI: Form LPA-019 5/16/2026 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://ivww.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: Amount: $ 2. Name: Amount: 3. Name: Amount: $ 4. Name: Amount: 5. Name: Amount: Page 2 of 2 LPA Project Quarterly Report Form Date: Progress Report: Job No.: Job Name: F.A.P.: Funding Program: Year: Quarter: Sponsor: Submitted By: Sponsor Phone: Sponsor Email: CURRENT PROJECT STATUS Construction Plans: ☐30%☐60%☐90%☐Final Environmental Clearance: ☐ARDOT to Handle ☐Preliminary ☐Partially Complete All Permits Received ☐ Date: Final Clearance ☐ Date: Right of Way Acquisition: ☐No Acquisition Needed ☐ROW Plans in Progress ROW Plans Approved ☐ Date: ☐ Acquisition Documents Approved Date: ☐Acquisition Underway Acquisition Complete ☐ Date: Right of Way Certification Submitted ☐ Conditional ☐ Final Date: __________ Utility Relocation: ☐Utility Relocation Not Necessary Relocation Plans Prepared ☐ Date: ☐Relocation Underway Relocation Complete ☐ Date: Authority to Advertise: Request Submitted ☐ Date: ARDOT Approval Received Date: Bid Opening Date: Concurrence in Award: Request Submitted ☐ Date: ARDOT Approval Received ☐ Date: Contract Executed Date: Construction: Progress (%) Estimated Completion Date: Project Completed Date: ARDOT Contact: Rev. 10-2-2023 ☐ ☐ Form LPA-020 ☐☐☐ CHANGE ORDER FORM Form LPA-022 ARDOT JOB NO.:F.A.P. No.:CHANGE ORDER NO.: JOB NAME:DATE PREPARED: OWNER:PREPARED BY: CONTRACTOR: DESCRIPTION OF CHANGE(S): JUSTIFICATION / REASON FOR CHANGE(S): AMOUNT QUANTITY -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTALS:-$ -$ -$ -$ -$ -$ -$ SUMMARY ITEM NO.ITEM UNIT UNIT PRICE PRESENT REVISED QUANTITY AMOUNT -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Prepared by ARDOT Page 1 of 2 Revised: 8/10/2023 CHANGE ORDER FORM Form LPA-022 CHANGES TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS THE CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE (INCREASED) / (DECREASED) BY THE NEW CONTRACT PRICE, INCLUDING THIS CHANGE ORDER, WILL BE CHANGES TO CONTRACT TIME: THE CURRENT CONTRACT TIME DAYS THE CONTRACT TIME WILL BE (INCREASED) / (DECREASED) BY DAYS THE CONTRACT PERIOD, INCLUDING THIS CHANGE ORDER, SHALL BE DAYS APPROVALS: CONTRACTOR: [INSERT CONTRACTOR NAME HERE] Signature Date Signature Date OWNER: [INSERT OWNER NAME HERE]ARDOT RESIDENT ENGINEER CONCURS Signature Date Signature Date ARDOT LOCAL PROGRAMS APPROVES Signature Date -$ ENGINEER: [INSERT ENGINEER NAME HERE] -$ 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 501-569-2298. Form LPA-031 Please Print on Sponsor Letterhead (Request for ARDOT On-call Consultant) DATE Mr. David Siskowski Division Head – Local Programs Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name 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: (Check all that apply): ___ Planning (Before design begins) ___ Design (Professional engineering services) ___ Environmental (Cultural resources survey) ___ Right of Way (Appraisals and acquisition services) ___ Utility Relocation (Utility coordination) ___ Construction Engineering (Construction inspection services) 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, NAME & OFFICE (Sponsor’s CEO) October 31, 2025 The Honorable Molly Rawn Mayor City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Mayor Rawn: Reference is made to your application for Transportation Alternatives Program and Recreational Trails Program funding for the Razorback Greenway Pavement Replacement project. We are pleased to inform you that this project has been selected to receive $250,000 in Federal Transportation Alternatives Program funding. These awarded funds are made available for specific project purposes, not for awardees to utilize until expended. A program kick-off meeting will be held in person at 1:30 p.m. on Tuesday, December 9, 2025 and virtually at 10:00 a.m. on Wednesday, December 10, 2025. It is important that the person in charge of the project attends one of these meetings to learn about the Federal requirements related to these funds. Please register for a meeting at www.ardot.gov/tap prior to the date of the meeting to receive pertinent information. If you have any questions in the interim, please contact the Local Programs Division at 501) 569-2481. Sincerely, Jared D. Wiley, P.E. Director c: Highway Commission Chief Engineer – Operations Chief Engineer – Preconstruction Assistant Chief Engineers Construction Consultant Contracts Environmental Local Programs Program Management Right of Way District 4 Mr. Matt Mihalevich, City of Fayetteville Mr. Tim Conklin, NWARPC 250 Feet Sell �03aPeet Seceoenn— 1 �466 Feet Section Feet Sl lan 3/10/2025 1 1RazorbackGreenwaynearNorthStreet 2RazorbackGreenwaynearNorthStreet 3RazorbackGreenwaynearNorthStreet 4RazorbackGreenwaynearNorthStreet 1 2 3 4 3/10/2025 2 5RazorbackGreenwaynearNorthStreet 6RazorbackGreenwaynearSycamoreStreet 7RazorbackGreenwaynearSycamoreStreet 8RazorbackGreenwaynearSycamoreStreet 5 6 7 8 3/10/2025 3 9RazorbackGreenwaynearPoplarStreet 10RazorbackGreenwaynearPoplarStreet 11RazorbackGreenwaynearPoplarStreet 12RazorbackGreenwaynearPoplarStreet 9 10 11 12 1 Trail Traffic Control Detour Signs 1 L.S. $2,081.00 2,081.00$ 2 Erosion Control (Straw Wattle on stream side)4,784 L.F. $2.00 9,568.00$ 3 Class 7 Base (4" under trail, level up)1,240 Ton $11.00 13,640.00$ 4 4" Concrete Trail (4,000 PSI w/fiber)709 C.Y. $155.00 109,895.00$ 5 Topsoil & Hydroseed disturbed shouders 1,595 S.Y. $4.00 6,380.00$ 6 Trail Center Line Striping (MMA)2,000 L.F. $3.25 6,500.00$ Estimated Material Cost $148,064 Sales Tax $14,436 Total Estimated Material Cost $162,500 City Crew Labor and Equipment ($75,000 per month x 2 Months) $150,000 Total Estimated Cost $312,500 Recreational Trails Grant -$250,000 City of Fayetteville Match 20% $62,500 UNIT COST TOTAL COST Cost Estimate (Based on 2025 Bulk Bid for materials and City Labor) ITEM # DESCRIPTION QUANTITY UNIT Razorback Greenway Asphalt Pavement Replacement Cleveland St. to Poplar St. 4,784 LF (0.9 Mile) Cost Estimate February 21, 2025