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HomeMy WebLinkAbout146-99 RESOLUTION• RESOLUTION NO 146-99 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT IN THE AMOUNT OF $600,000 TO IMPLEMENT THE FAYETTEVILLE MULTI -USE TRAILS AS A FEDERAL AID TRANSPORTATION ENHANCEMENT PROJECT; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That the City Council hereby authorizes the Mayor and City Clerk to execute an Agreement of Understanding with the Arkansas State Highway and Transportation Department in the amount of $600,000 to implement the Fayetteville Multi -use Trails as a Federal Aid Transportation Enhancement Project. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. Section 7. The City Council hereby approves a budget adjustment in the amount of $750,000 increasing Trailways and Sidewalks, Acct. No. 4470 9470 5814 00, Project No. 99081 1 decreasing, Trailways and Sidewalks, Acct. No. 4470 9470 5814 00, Project No. 95030 1, in the amount of $607,250; Trailways and Sidewalks, Acct. No. 4470 9470 5814 00, Project No. 96041 1, in the amount of $71,570; Federal Grants, Acct. No. 4470 0947 4309 00, in the amount of $71,180. A copy of the budget adjustment is attached hereto marked Exhibit B and made a part hereof. PASSED AND APPROVED this 16th day of November , 1999. APPROVED: Heather Woodruff, City C Fr€d Hanna, Mayor STAFF REVIEW FORM _./S_ Agenda Request Contract Review Grant Review FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF November 16, 1999 RECEIVED FROM: NOV 0 9 3999 CITY OF FAYETTEVILLE CITY CI Ea K'S r1FFICF Charles Venable Public Works Name Division Department ACTION REQUESTED: Approval of a Resolution authorizing the Mayor to execute an Agreement of Understanding with the Arkansas State Highway and Transportation Department for the implementation of Job No. 04013, Fayetteville Multi -Use Trails, as a Federal -Aid Transportation Enhancement project in the amount of $600,000. This agreement supersedes the agreements signed previously for the use of these funds. The City is required to furnish a 20 percent match or $150,000, making total funds available of $750,000. Approval of a budget adjustment establishing the project is also requested. COST TO THE CITY: $750,000 -0- Fayetteville Multi -Use Trails Cost of this request Category/Project Budget Category/Project Name 4470-9470-5814-00 -0- Account Number Funds used to date 99081-1 Project Number Program Name -0- Sales Tax Capital Improvement Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Coordinator _X_ Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Account City Attorney Purchasing Officer Date /�4 5 /l, Date II -8-99 Date • In - nal Auditor ADA Coordinator // 87-1 r/ Date Date STAFF RECOMMENDATION: Approval of the Resolution and Budget Adjustment Date Date Cross Reference New Item: Yes No Prev Ord/Res t Orig. Contract Date. FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor Fred Hanna From: Charles Venable Date: November 5, 1999 Subject: Federal Aid Funding for Multi -Use Trails in Fayetteville The City of Fayetteville received funds in the amount of $612,881.60 from the Federal Aid Enhancement Program covering the following projects: 1. Job No. 040195 - for bike trails in the amount of $400,000 2. Job No. 040195 - railroad corridor preservation in the amount of $99,792 3. Job No. 040221 - railroad corridor preservation in the amount of $113,089.60 Since we were unable to construct the St. Paul Trail along the old railroad corridor, a request was made on October 11, 1999, to the Arkansas Highway and Transportation Department (AHTD) to allow the use of the remaining funds for the development of several trails as shown on the attached map. The AHTD responded in a letter dated October 28, 1999, that funds in the amount of $600,000 were approved for use in constructing these trails. A copy of this letter and agreement is also attached hereto. In accordance with their letter, a new Agreement of Understanding needs to be executed since the job and federal aid numbers have changed, and the time for plan preparation and letting of the project has also been revised. Therefore, the attached resolution authorizing the Mayor to enter into this new agreement should be approved at the November 16, 1999, City Council meeting. CV:msm Attachments: A. Resolution B. Letter from AHTD and Agreement C. Map of proposed trails RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE, ARKANSAS, TO UTILIZE FEDERAL -AID TRANSPORTATION ENHANCEMENT FUNDS. WHEREAS, the City of Council of Fayetteville, Arkansas, understands Federal -Aid Surface Transportation Enhancement funds are available at 80 percent federal participation and 20 percent local cash match for the following: State Job No. 040313 - F.A.P. STPE-ENHN (154) Fayetteville multi -use trails (ATEP-95) (S) - Washington County NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City Council of Fayetteville, Arkansas, will participate in accordance with its designated responsibility, including maintenance of this project. Section 2. The Mayor of Fayetteville, Arkansas, is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the above stated improvement. PASSED AND APPROVED this day of , 1999. ATTEST: By: Heather Woodruff, City Clerk APPROVED: By: Fred Hanna, Mayor ARKANSAS STATE HIGHWAY COMMISSION HERBY BRANSCUM, JR., CHAIRMAN PERRYVILLE JOHN "M" LIPTON, VICE CHAIRMAN WARREN J.W. "BUDDY" BENAFIELD HICKORY PLAINS The Honorable Fred Harma Mayor of Fayetteville 113 West Mountain Fayetteville, AR 72701 De P.O. Box 2261 LITTLE ROCK, ARKANSAS 72203-2261 TELEPHONE No. (501) 569-2000 FAX No. (501) 569-2400 October 28, 1999 MARY R. "PRISSY" HICKERSON TEXARKANA JONATHAN BARNETT , SILOAM SPRINGS DAN FLOWERS DIRECTOR OF HIGHWAYS AND TRANSPORTATION Re: Job 040313 F.A.P. STPE-ENHN(154) Fayetteville Multi -use Trails (ATEP-95) (S) Washington County Ref2rence is made to your request to allow previously approved enhancement funds to be used for trails at locations other than those originally approved. Your request is approved. The job name and number shown above will replace the City's three previously approved projects and federal funding in the amount of $600,000 is available for the work at the new locations. The enclosed Agreement of Understanding for the referenced new project must be signed by you and the City Attorney and returned to us as soon as possible. The City will now have 12 months to submit final plans, specifications and a cost estimate and should have the work under contract within 18 months. If you have any questions, please contact Steven Morgan or Bill Bradberry at (501) 569-2261. Enclosure c: Commissioner Jonathan Barnett Chief Engineer Sincexe1 v✓— Dar Flowers Director of Highways and Transportation RECE VED NOV 03 1999 CITY OF FAYETTEVILLE MAYOR'S OFFICE AGREEMENT OF UNDERSTANDING BETWEEN THE 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 040313, Fayetteville Multi -use Trails (ATEP-95) (S), F.A.P. STPE- ENHN(154), (hereinafter called "the project") as a Federal -aid transportation enhancement project. WHEREAS, the Arkansas State Highway Commission has made available 80% Federal -aid funds to be matched with 20% non-federal funds (cash match) for certain transportation enhancement projects, and WHEREAS, the City of Fayetteville (hereinafter called "Sponsor") has expressed its desire to use Federal -aid funds for the eligible project and to provide necessary matching cash share for such funds, and WHEREAS, funding participation will be as follows, subject to a limit of $600,000.00 maximum Federal -aid approved for the project: Federal % Sponsor % Project Design. 0 100 Right-of-Way/Utilities: 0 100 Project Implementation: 80 20 Project Inspection. 0 100 Department Administrative Cost (1% of Total): 0 100 , and WHEREAS, the Sponsor knows of no legal impediments to the completion of the project, and WHEREAS, the Sponsor understands that the Arkansas State Highway and Transportation Department (hereinafter called the "Department") is willing to undertake all plan review, project bidding and construction inspection subject to reimbursement by the Sponsor and within a time schedule established by the Department However, the Sponsor desires to accept responsibility for all project phases in order to expedite project implementation, 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, it is understood that the Sponsor and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Minority Business Enterprises (MBEs) (Attachment A) and that, as part of these requirements, the Department may set goals for MBE participation in the project ranging from 0% to 100% that are practical and related to the potential availability of MBEs in desired areas of expertise. 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. THE SPONSOR WILL: 1. Submit a letter to the Right -of -Way Division of the Department which either (1) stipulates the services relative to right-of-way acquisition, appraisal, relocation, and utilities that the Sponsor will assume or (2) requests that the Department handle some or all of these services. Acquisition of property must be accomplished in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). NOTE: Failure to notify the Department prior to initiating this phase of work may result in all project expenditures being declared non- participating in federal funds. 2. 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. 3. Contact the Arkansas Historic Preservation Program (AHPP) to execute a Deed of Conservation Easement for enhancement projects involving certified historic properties or obtain a waiver from the AHPP. 4. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer or a licensed architect must sign the plans and specifications for the project. (See Attachment B for items to be included in the bid proposal.) 5. Certify 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. 6. Submit a certification letter (Attachment C), including all items noted, to the Department when requesting authority to advertise the project for construction bids. 7. Advertise for bids in accordance with federal procedures as shown in Attachment D. 8. Forward a copy of all addenda to the project during the advertisement to the Department. 9. After bids are opened and reviewed, submit a certification (Attachment E), including all items noted, to the Department and request concurrence in award of the contract. 10. 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. 11. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Enhancement Construction Certification and Reimbursement Request form (Attachment F). 12. Submit change orders to the contract to the Department's Resident Engineer in charge of reimbursements for review and approval for program eligibility. 13. Upon completion of the project, submit the Final Estimate and certify that the project was accomplished in accordance with the plans and specifications. (See Attachment F.) 14. Indemnify and hold harmless the Arkansas State Highway Commission, the Department and its officers and employees from all suits, actions, or claims of any character brought because of any damage sustained on account of the operations or actions of the said Sponsor; or because of any act of omission, neglect, or misconduct of said Sponsor; or from any claims or amounts arising or recovered under any law, ordinance, order, or decree. The Sponsor and Department shall at all times protect as sacred the immunity from civil suits afforded the State of Arkansas and its several Agencies, Commissions and Departments, such as the Department, the Arkansas State Highway Commission, and the Sponsor, as mandated by Article 5, §20 of the Constitution of Arkansas, Ark. Code Ann. §19-10-305, and the 11th Amendment of the Constitution of the United States. Any claim awarded against the Arkansas State Highway Commission or the Department or its officers and employees for the above, including but not limited to, claims before the Arkansas State Claims Commission shall be borne by the Sponsor. 15. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation. 16. 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 49 CFR 18.42 - Retention and access requirements for records (Attachment G). 17. 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. 18. Be responsible for its portion of the total project cost and 1% of the award amount for Department administration. 19. Be responsible for 100% of all project costs incurred should the project not be completed as specified. 20. Be responsible for 100% of any and all expenditures which are declared non -participating in federal funds, including awards by the State Claims Commission. -3- 21. 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. 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. 22. Repay all federal funds if this is determined necessary for any reason. 23. 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 stated in the approved project application; • 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. 24. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the project in accordance with Federal -aid requirements may result in the Sponsor's repayment of federal funds and may result in withholding all future Federal - aid. 25. Promptly notify the Department if the project is rendered unfit for continued use by natural disaster or other cause. THE DEPARTMENT WILL: 1. Be responsible for administering Federal -aid funds. 2. Provide the appropriate environmental documentation for the project. 3. When requested, provide the necessary services relative to right-of-way acquisition, appraisal, relocation, and utility adjustments in accordance with the Uniform Act and be reimbursed for costs involved in performing these services. 4. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the appropriate documentation to the file. 5. Review plans and specifications for project/program eligibility. 6. Advise the Sponsor when to proceed with advertisement of the project for construction bids. 7. Review bid tabulations and concur in award of the construction contract for the project. 8. Visually verify (insofar as is reasonably possible) that the work meets contract requirements before reimbursement is made to the Sponsor 9. Reimburse the Sponsor 80% (Federal -aid share) for eligible costs up to the maximum Federal -aid amount as approved in the Enhancement Construction Certification and Reimbursement Request form (Attachment F). 10. Pay the Sponsor the remaining amount due upon completion of the project and submittal of the certified Final Estimate. 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 funds as may be required to be withheld from the Sponsor's gasoline tax allotment. IN WITNESS WHEREOF, the parties thereto have executed this Agreement on this day of , 1999. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT CITY OF FAYETTEVILLE RECOMMENDED: RECOMMENDED: Steve Teague Assistant Chief Engineer for Planning Dan Flowers Director of Highways and Transportation City Attorney Fred Hanna Mayor Attachment A GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB -RECIPIENTS CONCERNING MINORITY BUSINESS ENTERPRISES It is the policy of the U. S. Department of Transportation that minority business enterpnses (MBEs) as defined in 49 CFR Part 23 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 MBE requirements of 49 CFR Part 23 apply to this Agreement. The recipient or its contractor agrees to ensure that MBEs as defined in 49 CFR Part 23 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 23 to ensure that MBEs 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 minonty 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 23, Subpart E, which sanctions many 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 Subsection 23.43(a) 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".) Attachment B REQUIRED CONTENTS OF BIDDING PROPOSALS FEDERAL -AID ENHANCEMENT 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 49 of the Code of Federal Regulations, Part 29 (49 CFR 29). 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 predetermined minimum wage rates. The applicability to a transportation enhancement project is dependent on the relationship or linkage of the project to a Federal -aid highway. When necessary, the Davis -Bacon wage rates will be provided by the Department. • Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located within the existing right-of-way of a federal aid highway, regardless of the transportation enhancement characteristics. • Davis -Bacon requirements also apply to projects "linked" to a federal aid highway based on proximity or impact (i.e., the project would not exist without the federal aid highway). Examples of such projects include removal of outdoor advertising, wetlands to filter highway drainage, etc. • Davis -Bacon requirements do not apply to projects not "linked" to a particular federal aid highway and which are eligible for transportation enhancement funding based solely on function (i.e., a transportation facility, such as an independent bike path, the restoration of a railroad station, etc.). CERTIFICATION LETTER REQUESTING AUTHORITY TO ADVERTISE DATE Mr. Robert L Walters Chief Engineer Arkansas State Highway and Transportation Department P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Mr. Walters: Attachment C 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/Architect 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. Additionally, I certify that all necessary right of way has been acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and arrangement for adjustment of existing conflicting utilities has been accomplished. 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 City 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 Tumback 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 advertisement of the project for bids is requested. Enclosures Sincerely, NAME OFFICE Attachment D GUIDELINES FOR ADVERTISING AND OPENING BIDS FEDERAL -AID PROJECTS 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. • Negotiation with contractors during the period following the opening of bids and before the award of the contract shall not be permitted. Attachment E CERTIFICATION LETTER REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT DATE Mr. Robert L. Walters Chief Engineer Arkansas State Highway and Transportation Department P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Mr. Walters: The following documents are submitted concerning the referenced project: 1. One set of bid tabulations 2. A check in the amount of 1% of the low bid as the AHTD administration fee. 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 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 City Attorney Enclosures NET CHANGES by Change Order TOTALS Total approved this Request Period Total changes previously approved k ka. ADDITIONS DEDUCTIONS 8 Amount Due this Estimate 0) co acp 03 o0 §{{ 11 - \$E | ate0 of pataldwo0 g 4 Maximum Federal -aid Amount FO -D�} 00 id 0 CU -I > E0Eco 1 11•38S,IOSN•d °peal lua pue;san sad alewps3 leu! cr 0 o 0 co ( § 0 # isanoaa AVd �munioruv § ENHANCEMENT CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST 0 0 :UOSNOdS :21010V2i1NOQ m O :ON 1S3fO]N v S3OVd Z JO Z 3OVd ENHANCEMENT CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST p m D GRAND TOTALS DESCRIPTION OF WORK co SCHEDULED VALUE n vvVRf' PREVIOUS REQUESTS 0 ovirLL i cu THIS PERIOD m m PRESENILY STOCKPILED (NOT IN D or E: TOTAL COMPLETED & STOCKPILED TO DATE (D+E+F) 0 COMPLETED (G+C) 1 BALANCE TO FINISH (C - G) :UOSNOdS :21010V2i1NOQ m O :ON 1S3fO]N v S3OVd Z JO Z 3OVd ENHANCEMENT CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Attachment G 49 CFR 18.42 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 financial and programmatic records, supporting documents, statistical records and other records of grantees or subgrantees which are: (i) Required to be maintained by the terms of this part, program regulations or the grant agreement, or (ii) Otherwise reasonably considered as pertinent to program regulations or the grant agreement. (2) This section does not apply to records maintained by contractors or subcontractors. For a requirement to place a provision conceming records in certain kinds of contracts, see Sec. 18.36(0(10). (b) Length of retention period. (1) Except as otherwise provided, records must be retained for three years from the starting date specified in paragraph (c) of this section. (2) If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3 -year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3 -year period, whichever is later. (3) To avoid duplicate recordkeeping, awarding agencies may make special arrangements with grantees and subgrantees to retain any records which are continuously needed for joint use. The awarding agency will request transfer of records to its custody when it determines that the records possess long-term retention value. When the records are transferred to or maintained by the Federal agency, the 3 -year retention requirement is not applicable to the grantee or subgrantee. (c) Starting date of retention period --(1) General. When grant support is continued or renewed at annual or other intervals, the retention period for the records of each funding period starts on the day the grantee or subgrantee submits to the awarding agency its single or last expenditure report for that period. However, if grant support is continued or renewed quarterly, the retention period for each year's records starts on the day the grantee submits its expenditure report for the last quarter of the Federal fiscal year. In all other cases, the retention period starts on the day the grantee submits its final expenditure report. If an expenditure report has been waived, the retention period starts on the day the report would have been due. (2) Real property and equipment records. The retention period for real property and equipment 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 income after the period of grant support. Where there is such a requirement, the retention period for the records pertaining to the earning of the income starts from the end of the grantee's fiscal year in which the income is earned. (4) Indirect cost rate proposals, cost allocations plans, etc. 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). (i) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the grantee) 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. (ii) 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 grantee) 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. (d) Substitution of microfilm. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. (e) Access to records --(1) Records of grantees and subgrantees. The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The right of access in this section must not be limited to the required retention period but shall last as long as the records are retained. (1) Restrictions on public access. The Federal Freedom of Information Act (5 U.S.C. 552) does not apply to records unless required by Federal, State, or local law, grantees and subgrantees are not required to permit public access to their records [Revised as of October 1, 1997] L \ T ` V I LLE THE CITY OF FAYETTEVILLE, ARKANSAS October 11, 1999 Mr. Dan Flowers, Director Arkansas Highway & Transportation Department PO Box 2261 Little Rock, AR 72203-2261 RE. Federal Aid Enhancement Funds Dear ers. The City of Fayetteville received approval for funding of Federal Aid Enhancement Funds from the 1991 ISTEA Program. These funds were made available for the following projects: 1. Job No. 040195 (ATEP-94) for bike trails in the amount of $400,000; 2. Job Nos. 040198 (ATEP-94) in the amount of $99,792, and 040221 (ATEP-95) in t amount of $113,089.60 respectively for railroad corridor preservation. A consultant was hired to develop plans under Job No. 040195 and a total of $87,829.86 in the Federal Funds have been expended. The City of Fayetteville reimbursed the AHTD for this amount on August 19, 1999. As stated in our previous letter dated June 23, 1999, the plans to construct a trail along the abandoned railroad spur (St. Paul) have been eliminated. The Raven Trail (Errol Street) is still a viable project. The City's Engineering Division is currently developing the plans which should be completed in November 1999, and will then be submitted to you for approval. Since we have not received a response to our letter of August 19, 1999, our question is still as follows: Can the funds appropriated under Job No. 040195 for bike trails, and Job Nos. 040198 and 040221 for railroad corridor preservation be used by the City to construct trails at other locations within the City? We are hopeful that we will be permitted to use these funds in this manner. In our letter of June 23, 1999, we listed several trail locations that could possibly be constructed. Since that time, we have revised this list and we believe all of these trails listed by priority could be designed and placed under contract within a year. The City already has the right-of-way needed for the trails Enclosed is a map showing the location of the trails, and following is a brief description of each. 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 Dan Flowers October 11, 1999 Page 2 1. Raven Trail (Errol Street): A multi -use -trail for pedestrians and bicycles. This trail would provide access for school children living in the many subdivisions east of Butterfield Elementary School. It would also provide a shorter pedestrian access for many pedestrians between Katherine Avenue and Old Missouri Road. This trail has a distance of approximately 1,400 feet in length and the estimated cost is $70,000. 2. Completion of a multi -use -trail along Mud Creek Tributary going eastward connecting Gulley Park to Azalea Terrace. This trail has a distance of approximately 1,700 feet in length and the estimated cost is $75,000. 3. Completion of the Joyce Boulevard multi -use -trail located on the north side of Joyce Boulevard between a tributary to Mud Creek and Old Missouri Road. Again, no additional right-of-way will be required, however, a T C E may be necessary to actually build the trail. Completion of this segment will connect a trail that begins at Front Street and traverses to the Mud Creek Tributary, and a trail that begins at Old Missouri Road and ends at Highway 265. This trail has a distance of approximately 2,700 feet in length and the estimated cost is $115,000. 4. A multi -use -trail that begins at Old Missouri Road and proceeds westward to connect with the existing trail on the north side of Mud Creek presently ending at Front Street. This trail has distance of approximately 4,000 feet in length and the estimated cost is approximately $220,000, including a bridge across Mud Creek Tributary which will also be required on this segment. 5. A multi -use -trail that begins at Front Street to connect with the existing trail and proceeds westward along Mud Creek to Gregg Avenue. This trail has a distance of approximately 5,800 feet in length and the estimated cost would be $245,000. The project will be split into two phases, with Phase I running from Front Street to Steele Boulevard, a distance of approximately 3,800 feet, and Phase II would continue on to Gregg Avenue. Phase I is estimated to cost approximately $160,000. The total amount of federal funds originally available to the City was $612,831.60. The total estimated costs of the five (5) trails, not including Phase II of Trail 5, is $640,000. Since we reimbursed $87,829.86 to you on August 19, 1999, it is assumed these funds will not now be available. Therefore, the actual Federal Aid Funds still available are $525,001.74, which will cover the Federal Aid portion of the estimated costs of the five trails. Phase 11 of Trail 5 will require acquisition of right-of-way and it is doubtful this phase could meet the time frame required for obligation of the funds. A request for this phase will be made at a later time asking for TEA -21 funds.