HomeMy WebLinkAbout2009-03-17 - Agendas - Final Aldermen
Ward 1 Position 1—Adella Gray
Mayor Lioneld Jordanftft%A
Ward 1 Position 2—Brenda Thiel
Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams Ward 2 Position 2—Matthew Petty PVj C
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith TayeliWard 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Sarah E.Lewis
Tentative Agenda
City of Fayetteville Arkansas
City Council Meeting
March 17, 2009
A meeting of the Fayetteville City Council will be held on March 17, 2009 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Agenda Session Presentations:
Mayor's Announcements, Proclamations and Recognitions:
Presentations, Reports and Discussion Items:
1. Update on Ice Storm Debris Removal—Don Marr, Chief of Staff
Agenda Additions:
A. Consent:
1. Approval of the February 18, 2009 Special City Council meeting minutes and March 3,
2009 City Council meeting minutes.
2. Bid # 09-23 Drake Field HVAC Controls Upgrade: A resolution awarding Bid # 09-
23 and approving a contract with in the amount of$XX,XXX.XX for
Drake Field HVAC Controls Upgrade.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
3. Arkansas Recreational Trails Grant: A resolution approving an Agreement of
Understanding with the Arkansas Highway & Transportation Department(AHTD) for the
acceptance of the Arkansas Recreational Trails Grant to utilize $60,000.00 in federal aid
funds for the construction of a trail connection to Mud Creek Trail at Old Missouri Road;
and approving a budget adjustment in the amount of$75,000.00.
4. Fayetteville Parks & Recreation Division Donations: A resolution approving a budget
adjustment for the Fayetteville Parks & Recreation Division in the amount of$30,000.00
to recognize donation revenues from various community organizations to fund item
purchases and new programs.
5. 2009 Overlay/Sidewalk Projects: A resolution approving the Transportation Division
overlay/sidewalk projects list for 2009.
6. Amend Fayetteville Police Department Policy 41.2.17 "Canines": A resolution
amending Policy No. 41.2.17 "Canines" to the Fayetteville Police Department's Policies,
Procedures & Rules Manual.
7. Amend Fayetteville Police Department Policy 84.1.1 "Property Management": A
resolution amending Policy No. 84.1.1 "Property Management; Acquired and In-Custody
Property"to the Fayetteville Police Department's Policies, Procedures & Rules Manual.
B. Unfinished Business:
1. Amberwood Place Appeal: An ordinance establishing a Residential Planned Zoning
District titled R-PZD 08-2965, Amberwood Place, located south and east of Double
Springs and Dot Tipton Road; containing approximately 39.98 acres; amending the
official zoning map of the City of Fayetteville; and adopting the associated master
development plan. (This ordinance was tabled at the September 2, 2008 City Council
meeting to the September 16, 2008 City Council meeting. This ordinance was tabled at
the September 16, 2008 City Council meeting to the October 7, 2008 City Council
meeting. This ordinance was left on the Second Reading at the October 7, 2008 City
Council meeting. This ordinance was left on the Second Reading and then tabled to the
December 2, 2008 City Council Meeting. This ordinance failed at the December 2, 2008
City Council meeting. This ordinance was Re-considered at the December 16, 2008 City
Council meeting and then Tabled to the February 3, 2009 City Council meeting. This
ordinance was Tabled at the February 3, 2009 City Council meeting to the March 3,
2009 City Council meeting.)
This ordinance was Tabled at the March 3, 2009 City Council meeting to the March
17, 2009 City Council meeting.
C. New Business:
1. New World Systems, Inc.: An ordinance to waive competitive bidding and to approve a
three year contract for software maintenance with New World Systems, Inc.
2. Amend Chapter 96: An ordinance amending §96.09: Compression Release Engine
Brake, of the Fayetteville Code of Ordinances to grant an exemption to certain municipal
vehicles.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
3. Amend Chapter 97: An ordinance amending §97.070 Recreational Activities at Lakes
Fayetteville, Sequoyah and Wilson, of the Fayetteville Code of Ordinances to establish
daily and season permits for non-motorized boating.
Announcements:
1. City Council Tour: March 16,2009
Adjournment:
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. Ifyou wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to speak
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required. For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cellphones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
accessfayetteville.org
A.2
City of Fayetteville Staff Review Form Bid#09-23 Drake Field
HVAC Controls Upgrade
City Council Agenda Items Page I of 4
and
Contracts, Leases or Agreements
3/17/2009
City Council Meeting Date
Agenda Items Only
Ray M. Boudreaux Aviation & Economic Development General Government
Submitted By Division Department
Action Required:
Action Required: A Resolution to award a contract to . Receipt of bid 09-23, Drake Field HVAC
Controls Upgrade: 3/13/2009, 2:00 pm.
$87,790(estimated) $ 780.00 Airport HVAC Improvements
Cost of this request Category/Project Budget Program Category/Project Name
5550.3960.5400.00 $ 780.00 Airport Capital
Account Number Funds Used to Date Program/Project Category Name
08074 1 $ - Airport Fund
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
01 7 2 S Previous Ordinance or Resolution#
Departm t Director Date
Original Contract Date:
Original Contract Number:
City Attorneeyy ate
Finance and Internal Services Director Date Received in City
Clerk's Office
Wff ateReceived in 3/3kMayor's Office
Comments:`Budget Adjustment submitted with previous Council Item-Consent Agenda#7 State Grant approval 3/3/09
Revised January 15,2009
A.2
City Council Meeting of: March 17, 2009d#09-23 Drake Field
Agenda Item Number: HVAC Controls Upgrade
Page 2 of 4
AVIATION&ECONOMIC DEVELOPMENT
ARKANSAS FAYETTEVILLE EXECUTIVE AIRPORT•DRAKE FIELD
CITY COUNCIL AGENDA MEMO/STAFF CONTRACT REVIEW MEMO
TO: Mayor Jordan
THRU: Chief of Staff
THRU: Staff/Contract Review Committee
FROM: Ray M. Boudreaux,Director,Aviation and Econ 'c Development
DATE: February 20, 2009
SUBJECT: Approval to Award the Terminal Building AC Repair Project.
RECOMMENDATION:
Approve Award of the Terminal Building HVAC Repair Project.
BACKGROUND:
The Aviation and Economic Development Staff will open bids for the Terminal HVAC Repair
Project March 13, 2009. A review of the bids will be done by the Engineer and a
recommendation to award and bid tab will be presented to the City Council at their meeting
March 17, 2009. Time is of the essence as the Arkansas Department of Aeronautics Grant
revenue for this project must be spent and all paperwork filed by the end of this FY which is
June 30, 2009.
BUDGET 01PACT: Funds are available in the Airport Fund to match the Grant proceeds.
Total project cost$87,790.00 with 20%or $17,558.00 local match.
Attachments: Staff Review Form
Bid Tab to be provided
4500 SOUTH SCHOOL AVENUE,SUITE F•AIRPORT TERMINAL BUILDING•FAYETTEVILLE AR 72701
479.718.7642•479.718.7646 FAX•wa .accessfayetteville.org/governmenUaviation
airport_economic_development@ci.fayefteville.ar.us
A.2
Bid#09-23 Drake Field
HVAC Controls Upgrade
Page 3 of 4
RESOLUTION NO.
A RESOLUTION AWARDING BID #09-23 AND APPROVING A
CONTRACT WITH IN THE AMOUNT OF $XX,XXX.XX
FOR DRAKE FIELD HVAC CONTROLS UPGRADE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby awards Bid
#09-23 and approves a contract with in the amount of$XX,XXX.XX for
Drake Field HVAC Controls Upgrade. A copy of the contract, marked Exhibit "A," is attached
hereto and made a part hereof.
PASSED and APPROVED this 17`h day of March, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
A.2
Bid#09-23 Drake Field
HVAC Controls Upgrade
Page 4 of 4
City of Fayetteville Staff Review Form A.3
Arkansas Recreational Trails Grant
Page 1 of 20
City Council Agenda Items
and
Contracts, Leases or Agreements
3/17/2009
City Council Meeting Date
Agenda Items Only
Matt Mihalevich Engineering Operations
Submitted By Division Department
Action Required:
Staff requests a resolution approving an agreement of understanding between the City of Fayetteville and the
Arkansas State Highway and Transportation Department for the acceptance the Arkansas Recreational Trails Grant
to utilize $60,000 in federal-aid funds and approval of budget adjustment for$75,000 in trail development project of
capital improvement funds for the construction of a trail connection to Mud Creek Trail at Old Missouri Road. A
willingness to apply for this grant was approved in April of 2008 by resolution 82-08.
$ $� 1,300,000.00 Trail Development
Cost of this request Category/Project Budget Program Category/Project Name
4470-9470-5814.05 $ 59,037.91 Transportation Improvements
Account Number Funds Used to Dale Program/Project Category Name
02016/0801 $ 1,240,962.09 Sales Tax Capital Improvements
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached �X
�i7 U Previous Ordinance or Resolution#
be, rtment Director Date
! Original Contract Date:
? C f kkQ� Original Contract Number:
City Attome Date
0
Received in City `j
n n 1Clerk's Office
3_CQ
4c�n. . 3' 3 '04
Finance d Internal Serya Director 4te
Received in 3
v S Q � Mayor's Office
Mayor Date
Comments:
Revised April 16, 2007
A.3
Arkansas Recreational Trails Grant
Page 2 of 20
lavo
evi le
ARKANSAS
City Council Agenda Item March 15th Meeting
To: Mayor and City Council
Thru: Ron Petrie, City Engineer
Don Marr, Chief of Staff
From: Matt Mihalevich, Trails Coordinatormfl�
Date: February 25, 2009
Subject: Recreational Trails Grant Approval
Recommendation: Staff requests a resolution approving an agreement of understanding between the
City of Fayetteville and the Arkansas State Highway and Transportation Department for the acceptance
the Arkansas Recreational Trails Grant to utilize $60,000 in federal-aid funds and approval of budget
adjustment for $75,000 in trail development project of capital improvement funds for the construction of a
trail connection to Mud Creek Trail at Old Missouri Road. A willingness to apply for this grant was
approved in April of 2008 by resolution 82-08.
Background: At the eastern end of Mud Creek Trail at Old Missouri Road there is currently no sidewalk or
trail connecting Mud Creek Trail south to the neighborhoods of Sweetbriar, Brookhaven, and Yorktown.
This proposed trail project includes 1,236 feet of 10' wide concrete trail connecting the existing sidewalk on the
south side of Sweetbriar Dr., north along the east side of Old Missouri Road over the existing road bridge then
down and under the same bridge to connect to Mud Creek Trail at the current trail head. The lanes of Old
Missouri Road will need to be narrowed across the bridge from the existing 30 foot width to 24 feet wide (two
12 foot wide lanes). This change in lane width has been approved by the City Engineer. The trail will be
raised 6" above the travel lanes and reflective markers will be installed along the bridge to help separate
pedestrians from vehicles as they cross the bridge. This project will provide a safe route for pedestrians and
bicycles to access Mud Creek Trail and Scull Creek Trail while reducing the cost by utilizing the existing bridge
and providing a grade separated crossing under Old Missouri Road. The project will comply with the
Americans with Disability Act.
Discussion: This trail connection has been the number one most requested trail improvement from the
citizens of Fayetteville and specifically the residents of Sweetbriar, Brookhaven, and Yorktown. This trail
connection project will provide a safe connection for these neighborhoods as well as Raven Trail and
Butterfield Elementary School.
A signed Agreement of Understanding from the City of Fayetteville is required to receive the funding through
the Arkansas Recreational Trails Program. The Agreement of Understanding provided by the Arkansas
Highway and Transportation Department has been included as an attachment.
Budget Impact: The terms of this grant require the City to provide funding for 20% of the total project cost, or
$15,000. Upon receipt of an official Notice to Proceed from the Arkansas Highway and Transportation
Department, the project will be reimbursable at the rate of 80%, which for this project would be a total
reimbursement amount of $60,000.00. Sufficient funding for the $15,000 City's portion of this project is
budgeted for 2009 in the Trail Development Project, within the Sales Tax Capital Improvement Fund. A budget
adjustment form has been included to recognize the $60,000 in State Grant Revenue and allocate $15,000 to
the correct sub-project.
A.3
Arkansas Recreational Trails Grant
Page 3 of 20
RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT OF UNDERSTANDING
WITH THE ARKANSAS HIGHWAY & TRANSPORTATION DEPARTMENT
(AHTD) FOR THE ACCEPTANCE OF THE ARKANSAS RECREATIONAL
TRAILS GRANT TO UTILIZE $60,000.00 IN FEDERAL AID FUNDS FOR
THE CONSTRUCTION OF A TRAIL CONNECTION TO MUD CREEK
TRAIL AT OLD MISSOURI ROAD; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $75,000.00.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves
an Agreement of Understanding with the Arkansas Highway & Transportation Department
(AHTD) for the acceptance of the Arkansas Recreational Trails Grant to utilize $60,000.00 in
federal aid funds for the construction of a trail connection to Mud Creek Trail at Old Missouri
Road.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment in the amount of$75,000.00
PASSED and APPROVED this 17t" day of March, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville,Arkansas A.3
Budget Adjustment Form Arkansas Recreational Trails Grant
Budget Year Department: Citywide Date Requested Adjustment Number
2009 Division: Citywide 3/17/2009
Program: Sales Tax Capital Improvements
Project or Item Added/Increased: Project or Item Deleted/Reduced:
$75,000.00 is requested in the Mud Creek Trail None. To recognize$60,000.00 in State Grant Revenue
Improvements sub-project in the Trail Development and allocate$15,000.00 to the correct sub-project in the
capital project. Trail Development capital project for the City funded
portion of the 80/20 matching grant.
Justification of this Increase: Justification of this Decrease:
This funding is needed to continue construction on the No decrease in funds will be necessary. This adjustment
Mud Creek Trail Improvements project. The funds will recognizes State Grant Revenue and moves funds
be used specifically to complete 1,236 feet of 10 foot between sub-projects within the Trail Development capital
wide concrete trail. This section is needed to connect project. Approval to apply for this grant was obtained with
the existing sidewalk on Sweetbriar Drive, north along Res. 82-08.
the east side of Old Missouri Road, over the existing
road bridge, down and under to an existing section of
Mud Creek Trail.
Increase Budget
Account Name Account Number Amount Project Number
Trails 4470 9470 5814 05 75,000 02016 0801
Decrease Budget
Account Name Account Number Amount Project Number
State Grants-Capital 4470 0947 4302 00 60,000 02016 0801
Trails 4470 9470 5814 05 15,000 02016 1
Approval Signatures Budget&Research Use Only
Type: A B C (:�DD E
Requested,Sy Date
.-s r General Ledger Date
B g �irecto, JJ Date
Approval Date
Department Dir a or (�, ate Initial Date
T.J Q' '� 4-61Posted to General Ledger
Fina t a Director Date Initial Date
i
C� Posted to Project Accounting
Mayor Initial Date
A.3
Arkansas Recreational Trails Grant
Page 5 of 20
E Zion Rd c' 4P
'34 u
Northwest c�. .
Arkansas Mall d rr =amen Wa -° ,z
L
d11 Rd, yKr �� Y V
2 N
71 r-; ° ?e m
z Rd E ErxPnere I, rJ
E Fazrer rernxce c•
� u o
0 e'
H tj 6c
° N
z ^
Z Z
O - E Slealn5 SI
E Joyce Blvd
Slcyeg
r
•h I 285
= F
E Par,>hc+e Cr m y+ ?>
- nP F`ttfm
yo
fiQ R t
!Gce BPrtl E Ju ce 2N;!
E Joyce 11 1
c O
LD ul A =,
x RFFk E F,r ,.
v,�,A, ,�
.�e ,� - p lid
q�j •• Paradise Valley
Athletic Glob -w aae
a*d C, PROJ ECT LOCATION
E F.4,r,ap Rd mm mow, 265
I nvs.o rad a3 d'tl. EWem rf Pl v
E h!asnnr.C+r � a F 9ro"na :.Dr ^.die lh
E+v,«elhrai Cr
m CA'.,z Sl ] CT
`y G eE6rce Ave Ecai 2
�� c$r,aian St
s
7 E Stuhglefi_ad RC
Bertha St -
UE 7 Fi 1Nan»Y
2 t a v
E Harold St
EMaiole St
Or
m F,nr Ln
fi Bnarcrft St -
PI
v Z E Cortttn0 St `-
m
- � E[lvn St � I 941.'f'rERFIELD t�:Nanvick 9� g
ELEMENTARY
�
SCHOOL RvRrrp > E Furman 51 m 265
7 H"r s
E 4C 11119 H lis Dr
47,
Mud Creek Trail Connection
Project Location Map - Sheet 1 of 3
«,
Arkansas Recreational Trails Grant
04
� k
) ( e
2 -
� � � §q
Q42
\
\ k ^
\
ƒ \ / { � \ « .2
0 \\
§ �
s � o
\ K 0 u
� /
> � )
� I
� )
c
_ u /
R
\ �
} /
. \ ( 0
\ e
- ,
y u
.
§
\\ / \ f \ %�
y ` j\ to « to
. y . c c
\
�*
. � . . »
� y, x
BUTTFRFIELDTRA LI,AGE IMUD CREEK
r
r' `ILS EAD PARKING y 11sN4 21, t
"Ir
trgt �" LOOPING RAMP
5% MAX SLOPE
flA-
,.. r •;
' F CONN ECT TO- k �' . '^ :. `+J LINDSEY,JAMES E.
MUD CREEK TRAIL o rim. 4y li=
C 'b�FAYETT'E4LLE
•I._
r1_J�+� S .n q� iF�, `,' � 1 �11�. 1 � t •,�
(TRAIL UNDER
TOLD MISSOURI 24
�+• •{ � t.� �,.IMRRLAI2E�. i �rt„� � :il�r � .3'yi+ ''c_•�1 r �" �� � ..
NARROW ROAD I 1 f' uNDser:JAMES E. l`x _>
r FROM 30' TO 24' 114
•�` ��� ' :"$. )� '. fie f j;
10' WIDE CONCRETE '''
CONCRETE TRAIL Y G 1 .
"JERSEY" BARRIER
tit". 'EXISTING CURB
} r , & GUTTER LINE 4 t 1
C"
+ YY k4
i ++
= rgF ♦ ' , O7 .
b K 4
..'fi r ; ,
r�iEt�¢EN, r,
4Aff
fiBR, OH�, LEC 1 _� 1t1 �rit
q. p
R h: X ,1*: a.. :�.. EWAT N.a
{ � USE' EN� ..
LASKI TERRY ` it
!Y_ CROSSWALK
MARKINGS a } : ^«
-. - --
ARK
BROOKHA r9 D. 'h' ( , i;A , .r .k ON•F R.�RE OfN y'�O G
rJh 1e TO
BROOKHAVEN `'
SUBDIVISION NEW SIDEWALK . EXISFI=NG SIDEWALK CONNECTION TO h
BUTTERFIELD ELEMENTARY SCHOOL
HENDERSON MARGARET J•� 4iT- ,y� ? �TM
---- ----__.-- .i---..i__- •,., a . r ,`.: a - -MWA. LLOFTON.7ILL
7777e� i le Mud Creek Trail Connection
Plan- Sheet 2 of 3 0 0 ��
A.3
Arkansas Recreational Trails Grant
Page 8 of 20
AGREEMENT OF UNDERSTANDING
BETWEEN
CITY OF FAYETTEVILLE
AND
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
In Cooperation with the
U. S. Department of Transportation
Federal Highway Administration
RELATIVE TO
Implementation of Job 040530, Mud Creek Trail Extension (hereinafter called "Project"), as a
recreational trail development or improvement project.
WHEREAS, the Arkansas State Highway Commission has made available 80% Federal-aid funds for
certain recreational trail projects; and
WHEREAS, the City of Fayetteville (hereinafter called "Sponsor") has expressed its desire to use
Federal-aid funds for an eligible project; and
WHEREAS, funding participation for each phase of the project will be as follows subject to a limit of
$60,000 maximum Federal-aid approved for the project:
Federal % Sponsor%
Project Design: -0- 100%
Utilities/Right of Way: -0- 100%
Project Inspection: -0- 100%
Project Construction: 80% 20% ;and
WHEREAS, the Sponsor knows of no legal impediments to the completion of the project; and
WHEREAS, it is specifically agreed between the parties executing this agreement that it is
not intended by any of the provisions of any part of the agreement to create the public or any member
thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to
maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions of this
agreement; and
WHEREAS, the Sponsor understands that the Arkansas State Highway and Transportation Department
(hereinafter called "Department") will require the Sponsor to adhere to the General Requirements for
Recipients and Sub-recipients Concerning Disadvantaged Business Enterprises as stated on
Attachment A; and
IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal
Highway Administration, will participate in a cooperative program for implementation of the Project
and will accept the responsibilities and assigned duties as described hereinafter.
A.3
Arkansas Recreational Trails Grant
Page 9 of 20
THE SPONSOR WILL:
1. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its
officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses,
and losses, including those arising from claims before the Arkansas Claims Commission or
lawsuits brought in any other legal forum, sustained on account of the operations or actions of the
Sponsor, including any act of omission, neglect or misconduct of said Sponsor. Further, the
Sponsor shall take no action to compromise the immunity from civil suits afforded the State of
Arkansas, the State Highway Commission, Arkansas Code§ 19-10-305, or the l Ith Amendment of
the United States Constitution. This obligation of indemnification shall survive the termination or
expiration of this Agreement.
2. Request review from the Arkansas Historic Preservation Program (AHPP) (See Attachment B).
Then, forward AHPP's approval to the Department.
3. Comply with provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation
Act, Title VI of the Civil Rights Act of 1964, FHWA Recreational Trails Program Guidance, and
any other Federal, State, and/or local laws, rules and/or regulations.
The Arkansas State Highway and Transportation (Department) complies with the Americans with
Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights
Act of 1964 and other federal equal opportunity laws and therefore does not discriminate on the
basis of race, sex, color, age, national origin, religion or disability, in admission or access to and
treatment in Department programs and activities, as well as the Department's hiring or employment
practices. Complaints of alleged discrimination and inquiries regarding the Department's
nondiscrimination policies may be directed to James B. Moore, Jr., Section Head - EEO/DBE
(ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298,
(Voice/TTY 711), or the following email address: james.mooreaarkansashighwa sem.
This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in
Braille.
4. Refrain from any Project construction for which the Sponsor expects monetary
reimbursement until a Notice to Proceed is received from the Department.
5. Be responsible for its portion of the total project cost, which will include project design,
construction, construction inspection services, appraisal and acquisition of right-of-way, relocation
services (when required), and adjustment of all man-made improvements, including utilities.
6. Provide a copy of the registered deed or an appropriate certification stating the Sponsor's clear and
unencumbered title to any right-of-way to be used for the project (See Attachment Q.
7. Grant the right of access to Sponsor's records pertinent to this project and the right to audit by the
Department and Federal Highway Administration officials. Be responsible for the inspection and
certification of all work in accordance with the plans and specifications for the Project and to
retain all records relating to such inspections, certifications, any billing statements, and any other
files necessary to document the performance and completion of the work. A statement in writing
must be submitted to the Department when the Project is completed. The Sponsor shall retain all
records for three years upon completion of the project. in accordance with the requirements of
-2-
A.3
Arkansas Recreational Trails Grant
Page 10 of 20
49 CFR, Subtitle A, Part 18, Subpart C, Section 18.42 — (See Attachment D for retention and
access requirements for records). The date of completion of the project will be construed as the
check date of the final payment submitted to the Sponsor by the Department.
8. If the project is to be advertised, for bids, it must be done in accordance with State and Federal
procedures as shown in Attachment E.
9. Prepare plans, specifications, and a cost estimate for construction. These plans will be reviewed
by the Department at the Pre-Construction Conference and these records need to be maintained by
the Sponsor for three years after the completion date of the project. A registered licensed
professional engineer, architect, or landscape architect must sign the plans and specifications for
the project for any project over $25,000. For any project under $25,000, the Sponsor's legal
representative must countersign the plans. (See Attachment F for certification letter to be sent to
the Department).
10. Submit a certification letter (Attachment G), including all items noted, to the Department when
requesting authority to begin construction on the project.
11. Be responsible for 100% of any and all expenditures which are declared non-participating in
Federal funds, including awards by the State Claims Commission.
12. Be responsible for 100% of all project costs incurred should the project not be completed as
specified. Repay to the Department the Federal share of the cost of any portion of this Project if
the Federal Highway Administration removes Federal participation due to actions of the Sponsor,
its agents, its employees, or its assigns, or the Sponsor's consultants or their agents. Such actions
shall include, but are not limited to, Federal non-participation arising from problems with design
plans, construction, change orders, construction inspection, or contractor payment procedures.
13. Retain total, direct control over the Project throughout the life of the improvements and not,
without prior written approval from the Department:
• sell, transfer, or otherwise abandon any portion of the Project;
• change the intended use of the project as stated in the approved Project application;
• make significant alterations to any improvements constructed with Federal-aid funds; or
• cease maintenance or operation of the project due to the Project's obsolescence.
14. 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 future Federal-aid funds. The Sponsor
understands and agrees that the Department may cause necessary funds to be withheld from the
Sponsor's gasoline tax allotment should the Sponsor fail to pay to the Department any required
funds, fail to complete the project as specified, or fail to adequately maintain or operate the
project.
15. Promptly notify the Department if the project is rendered unfit for continued use by natural
disaster or other cause.
16. Repay all Federal funds if this is determined necessary for any reason.
-3-
A.3
Arkansas Recreational Trails Grant
Page 11 of 20
17. Complete all documentation necessary to obtain environmental, archeological, wetland and other
clearances and transmit all necessary documentation pertaining to these clearances to the
Department.
18. 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.
19. Notify the Department upon completion of various phases of the work in order that a Department
representative may review the project before any payments for such work are made to the
Contractor. Once the Sponsor makes payments to suppliers and visible progress has been made
toward the completion of the Project an on-site inspection of the Project may be requested by the
Sponsor. No reimbursement will be made by the Department without an on-site inspection of the
Project.
20. Provide the Department with all necessary documentation including a resolution of support from
the Sponsor's governing body, approval from the State Historic Preservation Officer, proof of
ownership, plans and specifications, and permits or rulings from the U.S. Army Corps of
Engineers, U.S. Fish and Wildlife Service, Environmental Protection Agency, or other applicable
agencies within one calendar year of the date this Agreement of Understanding is signed by the
Director of the Arkansas State Highway and Transportation Department. Extensions will not be
granted without good cause and must be requested in writing to the Department. Funding for a
project failing to provide this documentation will be withdrawn and will be allocated to other
eligible recreational trail projects.
THE DEPARTMENT WILL:
1. Be responsible for administering Federal-aid funds and for project approval and acceptance.
2. Review and approve environmental, archeological, wetland, or other necessary clearances.
3. Review plans and specifications for the Project.
4. Advise the Sponsor when to proceed with construction of the Project.
5. Review and approve any necessary change orders for Project eligibility, regardless of funding
source.
6. Visually verify (insofar as is reasonably possible) that the work meets contract requirements
before reimbursement is made to the Sponsor.
7. Reimburse the Sponsor for all legitimate, documented costs in accordance with the final executed
contract.
IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may disqualify the Sponsor from receiving future
Federal-aid funds administered by the Department.
-4-
A.3
Arkansas Recreational Trails Grant
Page 12 of 20
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 Sponsor hereby authorizes the Director of the
Department of Finance and Administration to transfer from any of the Sponsor's State funds to the
Department's RRA account such sums as the Director of Highways and Transportation shall certify as
due the Department under terms of this Agreement.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement on this
day of , 20 .
ARKANSAS STATE HIGHWAY CITY OF FAYETTEVILLE
AND TRANSPORTATION DEPARTMENT
Dan Flowers
Director of Highways and Transportation
Arkansas State Highway and Transportation Department
Notice of Nondiscrimination
The Arkansas State Highway and Transportation (Department) complies with the Americans with Disabilities Act of 1990, Section 504 of the
Rehabilitation Act of 1973,Title VI of the Civil Rights Act of 1964 and other federal equal opportunity laws and therefore does not discriminate
on the basis of race,sex,color,age,national origin,religion or disability,in admission or access to and treatment in Department programs and
activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the
Department's nondiscrimination policies may be directed to James B. Moore, Jr., Section Head-EEO/DBE (ADA/504lfitle VI Coordinator),
P.O.Box 2261,Little Rock,AR 72203,(501)569-2298,(Voice/TTY 711),or the following email address:iames.moor n arkansashighways.com.
This notice is available from the ADA/504/Title VI Coordinator in large print,on audiotape and in Braille.
-5-
A.3
Arkansas Recreational Trails Grant
PAttkMikiit A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB-RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 applies 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".)
A.3
Arkansas Recreational Trails Grant
Page 14 of 20
Attachment B
DATE
Mr. George McCluskey
Arkansas Historic Preservation Program
1500 Tower Building
323 Center Street
Little Rock, AR 72201
Re: Arkansas Recreational
Trails Proiect
Job #
Job Name
Conn
Dear Mr. McCluskey:
The (Sponsor Name) .... proposes a recreational trail project and location.
Describe the project. A location map is enclosed.
(enclose a map ..... a USGS 7.5 minute topographic quadrangle is preferred by SHPO)
We appreciate any comments you may have regarding the handling of this project. If(name the
contact person for the sponsor and phone number) ... can be of assistance in this activity,
please let us know.
Sincerely,
NAME
Sponsor's Name
Office of Individual
Enclosure(s)
A.3
Arkansas Recreational Trails Grant
PMA�M?&nt C
CERTIFICATION LETTER for RIGHT-OF-WAY OWNERSHIP
DATE
Mr. Alan Meadors
Planning and Research Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
Conn
Dear Mr. Meadors:
Regarding right-of-way for the referenced recreational trail project, I certify that
(Choose one of the following)
(1) title to right-of-way necessary for construction of the project is already in public
ownership. No additional right-of-way is needed.
(2) title to a portion of the right-of-way necessary for construction of the project is already in
public ownership. The additional right-of-way necessary for this project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown below.
# Tracts # Paid # Donations # Condemnations
(3) title to right-of-way necessary for construction of the project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown below.
# Tracts # Paid # Donations # Condemnations
Additionally, I certify that arrangement for adjustment of existing conflicting utilities has been
accomplished. Enclosed are preliminary plans showing the existing right-of-way limits. (for No.
2 and 3 above, add the following) and the boundary of additional right-of-way needed for
construction of this project.
Sincerely,
NAME & OFFICE
(Sponsor's Name)
Enclosure(s)
Alansas tecrreational Trails Grant
49 CFR 18.42 Page 16of20
UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
Post-Award Requirements
Retention and access requirements for records.
(a) Applicability. (1) This section applies to all income after the period of grant support. Where there is
financial and programmatic records, supporting such a requirement, the retention period for the records
documents, statistical records, and other records of pertaining to the earning of the income starts from the
grantees or subgrantees which are: end of the grantee's fiscal year in which the income is
(i) Required to be maintained by the tetras of this part, earned.
program regulations or the grant agreement,or (4)Indirect cost rate proposals, cost allocations plans,
(ii) Otherwise reasonably considered as pertinent to etc. This paragraph applies to the following types of
program regulations or the grant agreement. documents, and their supporting records: indirect cost
rate computations or proposals, cost allocation plans, and
(2) This section does not apply to records maintained any similar accounting computations of the rate at which
by contractors or subcontractors. For a requirement to a particular group of costs is chargeable (such as
place a provision concerning records in certain kinds of computer usage chargeback rates or composite fringe
contracts,see Sec. 18.36(i)(I0). benefit rates).
(b)Length of retention period. (1) Except as otherwise (i)Ifsubmiited for negotiation. If the proposal, plan, or
provided, records must be retained for three years from other computation is required to be submitted to the
the starting date specified in paragraph(c) of this section. Federal Government(or to the grantee) to form the basis
(2) If any litigation, claim, negotiation, audit or other for negotiation of the rate, then the 3-year retention
action involving the records has been started before the period for its supporting records starts from the date of
expiration of the 3-year period, the records must be such submission.
retained until completion of the action and resolution of (ii) If not submitted,for negotiation. If the proposal,
all issues which arise from it, or until the end of the plan,or other computation is not required to be submitted
regular 3-year period,whichever is later. to the Federal Government (or to the grantee) for
(3) To avoid duplicate recordkeeping, awarding negotiation purposes, then the 3-year retention period for
the proposal plan, or computation and its supporting
agencies may make special arrangements with grantees records starts from the end of the fiscal year (or other
and subgrantees retain any records which are accounting period) covered by the proposal, plan, or
continuously neededd for joint use. The awarding agency other computation.
will request transfer of records to its custody when it
determines that the records possess long-Tenn retention (d) Substitution of microfibn. Copies made by
value. When the records are transferred to or maintained microfilming, photocopying, or similar methods may be
by the Federal agency,the 3-year retention requirement is substituted for the original records.
not applicable to the grantee or subgrantee. (e) Access to records--(I) Records of grantees and
(c) Starting date of retention period--(I) General. subgrantees. The awarding agency and the Comptroller
When grant support is continued or renewed at annual or General of the United States, or any of their authorized
other intervals, the retention period for the records of representatives, shall have the right of access to any
each funding period starts on the day the grantee or pertinent books, documents, papers, or other records of
subgrantee submits to the awarding agency its single or grantees and subgrantees which are pertinent to the grant,
last expenditure report for that period. However, if grant in order to make audits, examinations, excerpts, and
support is continued or renewed quarterly, the retention transcripts.
period for each year's records starts on the day the
grantee subirms its expenditure report for the last quarter (2)section
us ofright of access. The right of access in
of the Federal fiscal year. In all other cases, the retention this section must not l ]inured to the required retention
period starts on the day the grantee submits its final period but shall last as long as the records are retained.
expenditure report. If an expenditure report has been (1)Restrictions on public access. The Federal Freedom
waived, the retention period starts on the day the report of Information Act (5 U.S.C. 552) does not apply to
would have been due. records unless required by Federal, State, or local law,
(2) Real prope y and equipment records. The grantees and subgrantees are not required to permit
retention period for real property and equipment records public access to their records.
starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or
subgrant support. In some cases grantees must report
[Revised as of October I, 1997]
A.3
Arkansas Recreational Trails Grant
Phgtta¢hmant E
GUIDELINES FOR ADVERTISING AND OPENING BIDS
FEDERAL-AID PROJECTS
FOR GOODS, MATERIALS, OR LABOR TOTALLING $25,000 OR MORE:
Upon receipt of written authorization from the Arkansas State Highway and 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.
• In addition to meeting the State requirements for advertising for construction projects, the
project must be advertised a minimum of two times in a statewide newspaper.
• The notice must contain: (1) the time, date, and place that sealed bids are to be accepted,
opened, and publicly read; (2) a brief description of the kind or type of work contemplated;
and (3) the place at which prospective bidders may obtain plans and specifications.
• The Sponsor will include the following language in the solicitation for bids:
"The Sponsor hereby notifies all bidders that this contract is subject to applicable
labor laws, non-discrimination provisions, wage rate laws and other federal laws
including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962
and Title VI of the Civil Rights Act of 1964 also apply."
• All bids received in accordance with the terms of the advertisement shall be publicly opened
and at a minimum, the total amount bid must be read (the 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 not permitted.
FOR GOODS, MATERIALS OR LABOR TOTALLING BETWEEN $5,000 AND
$25,000 THEN A MININUM OF THREE BIDS MUST BE OBTAINED BY
DIRECT MAIL, TELEPHONE, TELEGRAPH, INTERNET, OR IN WRITING.
FOR PURCHASES UNDER $5,000, COMPETITION SHOULD BE USED TO THE
MAXIMUM EXTENT PRACTICABLE.
Records of all quotes, bids, and invoices must be retained for three years. Invoice
copies must be submitted for reimbursement purposes.
A.3
Arkansas Recreational Trails Grant
Pa�et�&CriTrient F
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
DATE
Mr. Alan Meadors
Planning and Research Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
Coun
Dear Mr. Meadors:
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with
the regulations governing Federal-aid projects and all other applicable state and federal
regulations, and that this process has been reviewed and approved by the City Attorney.
Additionally, I certify that the bid is being awarded to the lowest responsive and qualified
bidder and that there has not been, nor will there be, any negotiations with the contractor or
other bidders regarding the amount bid.
Your concurrence in the award of this contract to CONTRACTOR is requested.
Sincerely,
NAME & OFFICE
(Sponsor's Name)
Sponsor's Attorney or Engineer/Architect
Enclosures
A.3
Arkansas Recreational Trails Grant
P19 f20
ATtacEment G
CERTIFICATION LETTER
REQUESTING AUTHORITY TO BEGIN CONSTRUCTION
DATE
Mr. Alan Meadors
Planning and Research Engineer
Arkansas State Highway and Transportation Department
P. 0. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
Countl
Dear Mr. Meadors:
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 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 will promptly repay such funds to
the Arkansas State Highway and Transportation Department (AHTD). Further, I hereby
authorize the Director of the Arkansas State Department of Finance and Administration to
transfer such funds from the City's State Turnback Funds to the AHTD's RRA Fund upon
notification by the Director of Highways and Transportation that such funds are due AHTD and
have not been paid by the City.
Approval to proceed with construction of the project is requested.
Sincerely,
NAME & OFFICE
(Sponsor's Name)
Enclosures
A.3
Arkansas Recreational Trails Grant
Page 20 of 20
A.4
City Of Fayetteville Staff Review Form Fayetteville Parks&Recreation
Division Donations
City Council Agenda Items Page I of
and
Contracts, Leases or Agreements
3/17/2009
City Council Meeting Date
Agenda Items Only
Connie Edmonston Parks and Recreation Operations
Submitted By Division Department
Action Required:
To approve a budget adjustment to appropriate additional funds for unanticipated budgetary programs and donations,
and to recognize$30,000 in revenues associated with those programs and donations in the Parks and Recreation
Division.
$ 30,000.00 $ 30,000.00 Donations Contingency Fees
Cost of this request Category/Project Budget Program Category/Project Name
1010.6600.5370.00 $ - Donations
Account Number Funds Used to Date Program/Project Category Name
03051.9000 $ 30,000.00 General Funds
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached �x
14A 1114, x-
4-74 Previous Ordinance or Resolution#
D partment Director in I I Dbte
Original Contract Date:
D Original Contract Number:
City Attorney ate t�1
-PoJ a. 3 3 F —
Finan and Internal Services Director Date Received in Citya
Clerk's Office
Chi Staff EN Fill
Received in 3a
Mayor's Office ,
:x�o o
Mayor ate
Comments:
Revised January 15,2009
A.4
Fayetteville Parks&Recreation
Division Donations
City Council Meeting of March 17, 2009 Page 2 of 4
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff �(j(�yQ�
From: Connie Edmonston, Parks and ReclPion Director
Date: February 27, 2009
Subject: Budget Adjustment
RECOMMENDATION
To appprove a Budget Adjustment to appropriate additional funds for unanticipated
budgetary programs and donations, and to recognize $30,000 in revenues associated with
those programs and donations in the Parks and Recreation Division.
BACKGROUND
Throughout the year, citizens donate funds for the memorial bench program or to assist
with a recreation program. Last year, the Rotary Club donated $15,000 for the Gary
Hampton pavilion and have pledged to donate $10,000 for two new scoreboards in 2009.
The Southeast Fayetteville Community Center Board recently donated $4,000 to fund
programs for the spring, a printer at $600, and printer ink and software at $985 to assist
the operations of the Yvonne Richardson Center in 2009. The Northwest Arkansas
Men's Senior Adult Baseball League donated $660 for improvements to White River
Baseball Complex. In addition, there are unanticipated requests by citizens who wish to
utilize park facilities for a program. If approved by Staff, Parks and Recreation willl
sponsor the program, which in turn generates revenue for our Division. (e.g. Dog
Obedience School and Wilson Park Art Walk)
DISCUSSION
Instead of bringing donated items or the establishment of new programs to the City
Council each time they occur, staff recommends that we establish an estimated amount of
revenues to cover these items throughout the year. Staff will not allow expenditures for
these items until the revenues are obtained.
BUDGETIMPACT
Attachments:
Budget Adjustment