HomeMy WebLinkAbout07-10 RESOLUTIONRESOLUTION NO. 07-10
A RESOLUTION APPROVING AN AGREEMENT OF UNDERSTANDING
WITH THE ARKANSAS HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR THE ACCEPTANCE OF AN ARKANSAS
RECREATIONAL TRAILS GRANT TO UTILIZE $116,534.00 IN FEDERAL -
AID FUNDS FOR THE CONSTRUCTION OF OAK RIDGE TRAIL; AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $145,668.00.
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 and Transportation Department for
the acceptance of an Arkansas Recreational Trails Grant to utilize $116,534.00 in federal -aid
funds for the construction of Oak Ridge Trail.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
Budget Adjustment in the amount of $145,668.00 to recognize the grant revenue.
PASSED and APPROVED this 5th day of January, 2010.
APPROVED: ATTEST:
B
By:
SODRA E. SMITH, City Clerk/Treassurer
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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 040558, Oak Ridge Trail (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
$116,534 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 A mistration, 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. 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 11th 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: jarnes.moore@,arkansashighways.com.
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 C).
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-
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-
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-
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 S
day of , 201 0 .
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT
wers
Director of Highways and Trans ortation
file -
CITY OF FAYETTEVILLE
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/504/Title VI Coordinator),
P.O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: lames.moore aarkansashiahways.com.
This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
-5-
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
1/5/2010
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
A resolution approving an Agreement of Understanding with the Arkansas State Highway and Transportation
Department for the acceptance of an Arkansas Recreational Trails Grant to utilize $116,534 in federal -aid funds for
the construction of Oak Ridge Trail; and approving a budget adjustment in the amount of $145,668.
$
29,134.00
Cost of this request
1,434,381.00
4470.9470.5814.05 $
Account Number
02016.1001
Project Number
Budgeted Item
Category / Project Budget
Trail Development
Program Category / Project Name
962,054.00 Transportation Improvements
Funds Used to Date Program / Project Category Name
472,327.00
Sales Tax Capital Improvements
Remaining Balance Fund Name
Budget Adjustment Attached
Finan and Internal Services Director
Chief
S . ff
a ,•r
2 Z.061
Date
Date
Date
Previous Ordinance or Resolution # 111-09
Original Contract Date:
Original Contract Number:
Received in City mum
Clerk's Office 12-114g
Received in
Mayor's Office
Comments:
Revised January 15, 2009
ave evi le
www.accessfayettevilie.org
CITY COUNCIL AGENDA MEMO
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Matt Mihalevich, Trails Coordinator
Date: December 16th 2009
Subject: Oak Ridge Trail Agreement of Understanding
Agenda Item for the January 5th, 2010 City Council Meeting
PROPOSAL:
In June of 2009, the City applied for the Arkansas Recreational Trails Grant for the Oak Ridge Trail in
collaboration with the University of Arkansas. Plans for the Oak Ridge Trail were developed by the University
of Arkansas and the trail is shown on their trail master plan to be constructed along the southern edge of campus
connecting Frisco Trail west to Razorback Stadium. In 2008 the University applied for a portion of this trail
through the Recreational Trails Grant Program, but was unsuccessful. This year, based on feedback from the
Arkansas Highway and Transportation Department, the University of Arkansas agreed to partner with the City
of Fayetteville and apply for the 2009 Recreational Trails Grant together and have been successful in receiving
$116,534 in federal -aid funds.
The Oak Ridge Trail is proposed to begin at the intersection of Center Street and Frisco Trail where it will head
west along the north side of Center Street within the existing 50 foot right of way. In order to accommodate the
10' wide concrete trail and avoid numerous obstacles including the historic stone retaining wall of the
Evergreen Cemetery, the existing 30 foot lanes will need to be narrowed to 24 feet for two 12 foot lanes. From
Hill Avenue to Duncan Avenue, the trail will join a section of newly completed trail built by the University of
Arkansas as part of the Duncan Avenue Apartments. From the intersection of Center and Duncan, the trail will
continue along the north side of Center Street to Harmon Avenue, where an unused right of way of Center
Street is an ideal location for the trail to continue around the hill to end at a sidewalk near Garland Ave, just
south of Yocum Hall. The unused right of way is not planned for a road and is not identified on the Master
Street Plan.
The University of Arkansas has agreed to partner with the City for the 2009 Recreational Trails Grant funding
and has offered to provide half of the required 20% matching funds, which equals $14,567. The University will
also provide any necessary easements for the trail on property they own. See attached letter.
The grant requires there only be one applicant so the City will be the primary sponsor and will be responsible
for the 20% match. The University will then provide their 10% of matching funds directly to the City. The
THE CITY OF FAYETTEVILLE, ARKANSAS
grant allows in-kind services to count toward the matching funds so the work from City in-house transportation
crews and the University physical plant workers can be credited toward the 20% match.
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 of an Arkansas Recreational Trails
Grant to utilize $116,534 in federal -aid funds; and approving a budget adjustment in the amount of $145,668 for
the construction of the Oak Ridge Trail connecting Frisco Trail west to the University of Arkansas Campus. A
willingness to apply for this grant was approved on May 19th of 2009 by resolution 111-09.
BUDGET IMPACT:
The terms of this grant require a local sponsor or municipality to provide funding for 20% of the total project
cost, or $29,133.60. Upon receipt of an official Notice to Proceed from the Arkansas Highway and
Transportation Department, the project will be reimbursable at a rate of 80%, which for this project would be a
total reimbursement of $116,534.00. Sufficient funding for the City's portion of this project has been budgeted
for 2010 in the Trail Development Project, within the Sales Tax Capital Improvement Fund. The University of
Arkansas will then provide at least $14,566.80 to the City as their 10% matching funds.
Summary of the Recreational Trails Grant awards to the City of Fayetteville:
• 1997 Recreational Trails Grant (040271) - $20,000 - Three trailhead kiosks at Lake Fayetteville Status: Complete
• 2002 Recreational Trails Grant (040401)- $51,247 - Used for the Lake Fayetteville Spillway Bridge Status:
Complete
• 2003 Recreational Trails Grant (040425) - $20,000 - Was combined with the 2002 funds into one project and used
for the Lake Fayetteville Spillway Bridge
Status: Complete
• 2007 Recreational Trails Grant (040507) - $33,600 - Project underway to replace and existing narrow trail bridge
on Mud Creek Trail and bring the trail into compliance with ADA. Status: Near Completion
• 2008 Recreational Trails Grant (040530) - $60,000 - Project to extend Mud Creek Trail under and across the Old
Missouri Road to connect to Sweetbriar Drive. Status: Final Design.
RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT OF
UNDERSTANDING WITH THE ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT FOR THE ACCEPTANCE
OF AN ARKANSAS RECREATIONAL TRAILS GRANT TO
UTILIZE $116,534.00 IN FEDERAL -AID FUNDS FOR THE
CONSTRUCTION OF OAK RIDGE TRAIL; AND APPROVING A
BUDGET ADJUSTMENT IN THE AMOUNT OF $145,668.00.
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
and Transportation Department for the acceptance of an Arkansas Recreational
Trails Grant to utilize $116,534.00 in federal -aid funds for the construction of Oak
Ridge Trail.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Budget Adjustment in the amount of $145,668.00 to recognize
the grant revenue.
PASSED and APPROVED this 5th day of January, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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 040558, Oak Ridge Trail (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
$116,534 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.
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 11th 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.moore@arkansashighways.com.
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 C).
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-
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 Depailinent 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-
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.
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-
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 6:44 --
day
day of avtiazUtij, , 201 0 .
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION DEPARTMENT
Dan Flowers
Director of Highways and Transportation
CITY OF FAYETTEVILLE
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/504/Title VI Coordinator),
P.O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: james.moore@arkansa.shinhways.com.
This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
-5-
UNIVERSITYsARKANSAS
Office of the Chancellor
May 4, 2009
The Honorable Lioneld Jordan
Mayor
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Dear Mayor:
425 Administration Building
Fayetteville, Arkansas 72701
(479) 575-4148
FAX (479) 575-2361
The University of Arkansas agrees to partner with the City for the 2009
Recreational Trails Grant funding and will provide half of the required 20%
matching funds required to receive the grant. The University will also provide
any necessary easements for the trail on property we own.
The grant requires there only be one applicant so the City will be the primary
sponsor and will be responsible for the 20% match from the local sponsor or
municipality. We also understand that the terms of this grant require a local
sponsor or municipality to provide funding for 20% of the $185,000 total
project cost, or $37,000.00. The University will then provide our 10% of
matching funds directly to the City. The grant allows in-kind services to count
toward the matching funds so the work from City in-house transportation
crews and the University Facilities Management workers can be credited
toward the 20% match.
The Oak Ridge Trail will provide a safe, alternative transportation connection
from Frisco Trail to the University of Arkansas and Fayetteville High School.
Thank you for your thoughtful consideration of this project. The University of
Arkansas very much appreciates your leadership and support.
G. David Gearhart
Chancellor
The University of Arkansas is an equal opportunity/affirmative action institution.
UNIVERSITY OF ARKANSAS CAMPUS
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Oak Ridge Trail
VICINITY MAP
Recreational Trails Grant
Engineering Division
113 W. Mountain
Fayetteville, AR 72701
479-575-3206
May 2009
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ASPHALT TRAIL - 450 FEET
EVERCAEEN cimensir- •
PROPOSED /0WOE
CONCRETE TRAIL
KERR INV
LEGEND
CONCRETE TRAIL
RELOCATED CURB
RETAINING WALL
• Oak Ridge Trail
F
ARKANSAS0 /5 150
Recreational Trails Grant
Total Trail Length - 115 Miles
May 2009
e rvi e
Engineering Division
na W. Mountain
Fayetteville, AR 72701
479-575-8206
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2010
Department: Project Accounting
Division: Citywide
Program: Sales Tax`Capital Improvements
Request Date
1/5/2010
Adjustment Number
JUSTIFICATION TO INCREASE PROJECT / ITEM:
Funding is for the construction of Oak Ridge Trail from Frisco Trail west along Center Street to Pomfret Hall utilizing
$116,534 in federal -aid funds. The University of Arkansas has agreed to partner with the City to provide half of the
required 20% matching funds and 50% of the additional cost if the project exceeds the amount funded by the grant.
JUSTIFICATION TO DECREASE PROJECT / ITEM (OR RECOGNIZING REVENUE):
This adjustment recognizes State Grant Revenue and Payments By Property Owners. The remaining $14,567 is
budgeted in the Trail Development project.
Increase Decrease Project.Sub
Account Name Account Number Budget Budget Number
Trails 4470.9470.5814.05 145,668 02016. 1001
State Grants - Capital 4470.0947.4302.00
Payments by Property Owners 4470.0947.4420.00
Trails 4470.9470.5814.05
Division Head
Departrneb Director
I/it-nog
TOTAL
145,668
116,534 02016 . 1001
14,567 02016. 1001
14,567 02016 . 1
145,668
Requested By John Nelson
Date kspringer
/?j �f Budget & Research Use O
Date Type: A B
C E
Description:
Date
0
Fi nce Director Date
ff Date
Date
General Ledger Date
Posted to General Ledger
Posted to Project Accounting
K:1Trails\Projectsl0ak Ridge Trail\AHTD Job 040558 Recreational Trails GrantlCity Council DocumentslBA Form
2009 Prototype_With_Spelt Check_02016-1001.xls
Initial Date
Initial Date
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
Mayor's Signature Only
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
Staff requests approval of the attached contract with the Arkansas State Highway and Transportation Department
for the implementation of Oak Ridge Trail by the City of Fayetteville through the Arkansas Recreational Trails
Program. An agreement of understanding was approved on January 5th, 2010 by resolution 07-10 to utilize
$116,534 in federal -aid funds; and approving a budget adjustment in the amount of $145,668 for the construction
of the Oak Ridge Trail connecting Frisco Trail west to the University of Arkansas Campus. A willingness to apply
for this grant was approved on May 19th, 2009 by resolution 111-09.
N/A
Cost of this request
NIA
Account Number
NIA
Project Number
Budgeted Item
NIA
Category / Project Budget
N/A
N/A
Program Category / Project Name
N/A
Funds Used to Date Program / Project Category Name
N/A
N/A
Remaining Balance Fund Name
Budget Adjustment Attached
Finance and internal Services Director
ay1iftuto
Date
Previous Ordinance or Resolution # 111-09&07-10
/ L,� Original Contract Date:
lv + 244- to Original Contract Number:
Date
Date
129
Date
Received in City
Clerk's Office 06-24-10 A08 : 25 RCVD
ILLitt
Received in
Mayor's Office
Comments:
Revised January 15, 2009