Loading...
HomeMy WebLinkAbout140-10 RESOLUTIONRESOLUTION NO. 140-10 A RESOLUTION AUTHORIZING APPLICATION FOR AN ARKANSAS TRANSPORTATION ENHANCEMENT PROGRAM 80/20 MATCHING REIMBURSEMENT GRANT FOR AN AWARD OF UP TO $500,000.00 TO BE USED FOR CONSTRUCTION OF THE TOWN BRANCH TRAIL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes application for consideration of an Arkansas Transportation Enhancement Program 80/20 matching reimbursement grant for an award of up to $500,000.00 to be used for construction of the Town Branch Trail. PASSED and APPROVED this 3rd day of August, 2010. APPROVED: ATTEST: By: OciteGt-a►J cf- �A'1t.c�i� SO DRA E. SMITH, City Clerk/Treasurer 1�4t1441f rff/I ,,.`' R VTR ''''�,, vE 0 ° °-9s __an°°01Y ();'°,,3% -0• '�- t.b O F. : FAYETTEVILLE: ��'°A. 14///1/GTON Ci30• Matt Mihalevich Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/3/2010 City Council Meeting Date Agenda Items Only Engineering Division Action Required: Development Services Department Authorization for the Engineering Division to submit an application for consideration of an 80/20 matching reimbursement grant through the Arkansas Transportation Enhancement Program -- Federal Fiscal Year 2011 for an award of up to $500,000.00 to be used for the construction of the Town Branch Trail. 125,000.00 Cost of this request 4520-9550-5814.05 Account Number 060361 1 Project Number Budgeted Item X 448,847.00 Category / Project Budget 1,480.87 Transportation Bond Trail Improv Program Category / Project Name Trail Improvements Funds Used to Date Program 1 Project Category Name 447,366.13 Sales Tax Construction Remaining Balance Fund Name Budget Adjustment Attached 1.144 Date 7-15' O Date ZO ID Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received inCity 07_15-10P05 21 RCVD Clerk's Office ‘16, 66. Comments: Revised January 15, 2009 v' eC.�vi:le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer U'►j Front: Matt Mihalevich, Trails Coordinator Date: July 15, 2010 Subject: Arkansas Transportation Enhancement Program PROPOSAL: Staff requests authorization for the Engineering Division to submit an application for consideration of an 80/20 matching reimbursement grant through the Arkansas Transportation Enhancement Program — Federal Fiscal Year 2011 for an award of up to $500,000.00 to be used for the construction of the Town Branch Trail including authorization for the Mayor to sign the certification in the Enhancement Program application. RECOMMENDATION: Town Branch Trail is shown on the Fayetteville Alternative Transportation and Trails Master plan as the primary east -west trail for the southern parts of Fayetteville. The proposed 2.0 mile trail will connect to existing trail at Razorback Road and extend east to connect to Walker Park and St. Paul Trail at City Lake Road. This project will provide a safe active transportation route for the numerous residents living in the area as well as the University of Arkansas Research and Technology Park. (See attached map) The Regional Active Transportation plan also identifies Town Branch Trail as part of the new 40 mile regional trail system. Due to this designation, the Walton Family Foundation has expressed interest in matching the grant award funds dollar for dollar, making the total potential funding 1.25 million from only 10% City funds. BUDGET IMPACT: If approved by City Council, the grant application will be submitted for a total project amount of $625,000.00. The terms of this grant require a local sponsor or municipality to provide funding for 20% of the total project cost, or $125,000.00. Upon receipt of an official Notice to Proceed from the Arkansas Highway and Transportation Department, the project would be reimbursable at a rate of 80%, which for this project would be a total reimbursement of $500,000.00, if fully funded by the grant. Sufficient funding not to exceed $125,000.00 for the City's portion of this project will be taken from the Transportation Bond Trail Improvements Fund. RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION FOR AN ARKANSAS TRANSPORTATION ENHANCEMENT PROGRAM 80/20 MATCHING REIMBURSEMENT GRANT FOR AN AWARD OF UP TO $500,000.00 TO BE USED FOR CONSTRUCTION OF THE TOWN BRANCH TRAIL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes application for consideration of an Arkansas Transportation Enhancement Program 80/20 matching reimbursement grant for an award of up to $500,000.00 to be used for construction of the Town Branch Trail. PASSED and APPROVED this 3'd day of August, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer egend Enhancement Funding- Town Branch Trai Home Depot Funding - Frisco Trail Existing Multi -Use Trail - - - Existing Natural Surface Trail Park Trail Town Branch Trail - 10 Miles Proposed for Transportation Enhancement Funding TOWN BRANCH TRAIL Arkansas Transportation Enhancement Program PROJECT APPLICATION -- FFY 2011 ARKANSAS TRANSPORTATION ENHANCEMENT PROGRAM Project Title: Sponsor: Address: City: Zip: If submitting two applications, what priority is this? # Project Location: City: County: Project Cost: Right-of-Way/Utilities NOTE: Sponsors are responsible for all costs incurred for project design (preliminary engineering) and construction inspection and certification (construction engineering). These items are not eligible for reimbursement. Furnishings which can be moved such as desks, chairs, tables, file cabinets, and audio-visual equipment are also not eligible for reimbursement. Sponsor's Contact: Name: Address: Construction $ TOTAL Federal Funds Requested (Maximum 80% of Total) $ Sponsor's Cash Share: Minimum 20% of Total $ AI-ITI) Administrative Cost (1 % of Total) s SPONSOR'S SHARE $ "Title: Phone: FAX: City: Zip: Email: Sponsor's Authorization and Certification: (To be completed by the chief elected official of a City, the County Judge, or the CEO/CAO of the State or Federal Agency.) Name: Title: Signature: Date: CERTIFICATION: By signing in the space provided, I do hereby certify that I will comply with AHTD's deadline for submittal of plans and specifications at an estimated cost within the amount requested. Additionally, 1 certify that local snatching funds are available for the project. A-1 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: A e[1D Development Services Department Staff requests the Mayor's approval of the attached Agreement of Understanding between the City of Fayetteville and The Arkansas State Highway and Transportation Department (AHTD) for the implementation of Job 040603 to utilize $270,000 in federal -aid transportation enhancement funds for the construction of the Town Branch Trail from Greathouse Park to South School (71 B). N/A Cost of this request N/A Account Number N/A Project Number N/A Category / Project Budget N/A N/A Program Category / Project Name N/A Funds Used to Date Program / Project Category Name N/A NIA Remaining Balance Fund Name Budgeted Item X Budget Adjustment Attached 1'4.3-'1 J � 7 ` Departmel eii�ctor \\\ Date f' /2-/V—/ f* �t TAttomey Date i2 -i1 -%a1, Finance and Internal Services Director Date //1/(a Chief of Sta M or 14;1_/ (1-9 Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 140-10 131-11 8/3/2010 8/2/2011 Received in City 1 2-1 3- 1 1 P05:11 R C V D Clerk's Office VA Ai; Comments: Revised January 15, 2009 ia'e evi�e THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org MEMO To: Mayor Jordan Thru: Don Marr, Chief of Staff �p Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Matt Mihalevich, Trails Coordinator`" Date: December 13, 2011 Subject: Agreement of Understanding — Transportation Enhancement Grant RECOMMENDATION: Staff requests the Mayor's approval of the attached Agreement of Understanding between the City of Fayetteville and The Arkansas State Highway and Transportation Department (AHTD) for the implementation of Job 040603 to utilize $270,000 in federal -aid transportation enhancement funds for the construction of the Town Branch Trail from Greathouse Park to South School (71B). PROPOSAL: Town Branch Trail is shown on the Fayetteville Alternative Transportation and Trails Master plan as the primary east - west trail for the southern parts of Fayetteville. The total length of the complete trail will be 2.8 miles and will connect to existing trail at Razorback Road and extend east through Greathouse Park and the University of Arkansas Research and Technology Park with a connection to Walker Park and St. Paul Trail at City Lake Road. The estimated cost for the entire 2.8 mile Town Branch Trail is 1.8 million; therefore, the project will need to be phased for construction. The 0.6 mile section of trail from Greathouse Park to South School (71 B) has been selected for this funding due to the significant amount of University of Arkansas property along the corridor. (See attached map) This project will provide a safe active transportation route for the numerous residents living in the area as well as the University of Arkansas Research and Technology Park and the University has agreed to dedicate the necessary easements for the trail. Town Branch Trail will also become part of the 36 mile Razorback Regional Greenway. In August of 2010, resolution number 140-10 approved staff to apply for the 80/20 matching Transportation Enhancement funds and on June 20'h, 2011, the City was awarded $270,000 for the Town Branch Trail project. On August 2"4, 2011 the City Council approved resolution 131-11 to accept the transportation enhancement funds and authorized the Mayor and City Clerk to execute all appropriate agreements with the Arkansas State Highway and Transportation Department to expedite the construction of the Town Branch Trail project. BUDGET IMPACT: The awarded funds of $270,000 represent 80% of the total budget of $337,500. The Agreement of Understanding obligates the City for 20% or $67,500 and the total project cost is estimated at $712,000 so the City's total cost for the project is estimated to be $442,000 to be funded from the Trail Development Capital Improvement Program and a budget adjustment was processed with 131-11. RESOLUTION NO. 131-11 A RESOLUTION AUTHORIZING ACCEPTANCE OF A FEDERAL -AID TRANSPORTATION ENHANCEMENT PROGRAM GRANT THROUGH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT IN THE AMOUNT OF $270,000.00 FOR THE CONSTRUCTION OF TOWN BRANCH TRAIL, AND APPROVING A BUDGET AD. USTMENT WHEREAS, the City of Fayetteville understands Federal -aid Surface Transportation Enhancement funds are available at eighty percent (80%) federal participation and twenty percent (20%) local cash match for the Town Branch Trail construction project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas authorizes acceptance of a Federal -aid Transportation Enhancement Program Grant through the Arkansas State Highway and Transportation Department in the amount of $270,000.00 for the construction of Town Branch Trail, and will participate in accordance with its designated responsibility, including maintenance of the project. Section 2: That the City Council of the City of Fayetteville, Arkansas authorizes the Mayor and City CIerk to execute all appropriate agreements with the Arkansas State Highway and Transportation Department to expedite the construction of the above -stated improvement. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A". PASSED and APPROVED this 21 d day of August, 2011. APPROVED: ATTEST: ``,tti�lNlnnrrrrr:rr �� 0;•� f. : FAYETTEVILLE a . 41 37•.9Ry h�ae y f s° �l 11,4%;700\--, 1IP Sa _, ierlii/16"(514 C'0044 rf1r11111=ti' By: C4e(- Cr- • Malt SONDRA E. SMITH, City Clerklireasurer RESOLUTION NO. 140-10 A RESOLUTION AUTHORIZING APPLICATION FOR AN ARKANSAS TRANSPORTATION ENHANCEMENT PROGRAM 80/20 MATCHING REIMBURSEMENT GRANT FOR AN AWARD OF UP TO $500,000.00 TO BE USED FOR CONSTRUCTION OF THE TOWN BRANCH TRAIL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes application for consideration of an Arkansas Transportation Enhancement Program 80/20 matching reimbursement grant for an award of up to $500,000.00 to be used for construction of the Town Branch Trail. PASSED and APPROVED this 3`d day of August, 2010. APPROVED: ATTEST: By: 0. c • SO DRA E. SMITH, City Clerk/Treasurer ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E. Bennett Director Telephone (501) 569-2000 Voice/TTY 711 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Fayetteville, AR 72701 November 29, 2011 P.Q. Box 2261 Little Rock, Arkansas 72203-2261 Telefax (501) 569-2400 www.arkansashighways.com Re: Job 040603 F.A.P. STPE-ENHN(469) Fayetteville Town Branch Trail (ATEA-11) (S) Washington County Dear Mayor Jordan: State and Federal project numbers have been assigned for the referenced transportation enhancement project. In order to proceed with project implementation, you and your City Attorney must sign the enclosed Agreement of Understanding. Once the Agreement is returned to the Department for signature by our Director, a copy of the executed Agreement will be returned to you. Please complete and return Attachment M with the Agreement. Also, please provide written notification of your full-time City employee designated to be in responsible charge of the project upon returning the Agreement of Understanding for execution. If you have any questions, please contact Trey Foster or Carlos Meredith at (501) 569-2261.. Sincerely, Enclosure c: Assistant Chief Engineer -Planning District 4 Job 040603 'C' File Matt Mihalevich, City of Fayetteville . aix:tp.) Kevin Thornton Engineer of Programs and Contracts Division 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 040603, Fayetteville Town Branch Trail (ATEP-11) (S), F.A.P. STPE-ENHN(469), (hereinafter called the "Project") as a Federal -aid Transportation Enhancement project. WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) includes Federal -aid Transportation Enhancement funding; and 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 eligible 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 share for such funds; and WHEREAS, the Sponsor has transmitted to the Arkansas State Highway and Transportation Department (hereinafter called the "Department") a signed and sealed Resolution from the City Council authorizing the Mayor to execute agreements and contracts with the Department for the Project; and WHEREAS, funding participation will be as follows, subject to a limit of $270,000.00 maximum Federal -aid approved for the Project: Federal % Sponsor % Project Design: 0 100 Right-of-Way/Utilities: 80 20 Construction: 80 20 Construction Inspection: 0 100 Department Administrative Cost (1% of Const. Amt.) 0 100 ; and WHEREAS, the Sponsor knows of no legal impediments to the completion of the Project; and WHEREAS, the Sponsor and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Attachment A) and that, as part of these requirements, the Department may set goals for DBE participation in the project ranging from 0% to 100% that are practical and related to the potential availability of DBEs in desired area of expertise; 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 make 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. IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal Highway Administration (FHWA), will participate in a cooperative program for implementation of the Project and will accept the responsibilities and assigned duties as described hereinafter. THE SPONSOR WILL: 1. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project. The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; • Maintains familiarity of day to day project operations, including project safety issues; • Makes or participates in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visits and reviews the project on a daily basis; • Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Directs project staff, Sponsor or consultant, to carry out project administration and contract oversight, including proper documentation; • Be aware of the qualifications, assignments and on-the-job performance of the Sponsor and consultant staff at all stages of the project. 2. Request review from the Arkansas Historic Preservation Program (AHPP) (Attachment B). Then, forward AHPP's approval to the Department. 3. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer or licensed architect must sign the plans and specifications for the Project. 4. Before acquiring property, submit a letter to the Department's Right of Way Division 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. 5. 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 (Attachment C). 6. 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. (See Attachment D for items to be included in the bid proposal.) 7. Submit a certification letter (Attachment E), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 2 8. Advertise for bids in accordance with federal procedures as shown in Attachment F. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 9. Forward a copy of all addenda to the Project during the advertisement to the Department. 10. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award of the Contract (Attachment G), including all items noted, to the Department and request concurrence in the award of the contract. 11. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction meeting with the Contractor and invite the Department's Resident Engineer assigned to the Project 12. Perform construction inspection in accordance with Attachment H. 13. Make Payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request form (CCRR) (Attachment I). 14. Attach LPA Report of Daily Worked Performed (Attachment J) with all CCRR submittals. 15. Maintain accounting records to adequately support reimbursement with Federal -aid funds and be responsible for the inspection, measurement and documentation of the 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. 16. Prior to executing the work, submit change orders to the contract to the Department's Resident Engineer assigned to the Project for review and approval for program eligibility. 17. Upon completion of the Project, hold a final. acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Attachment K). This form must be signed by the engineer/architect performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the Sponsor's full-time employee in responsible charge, and the Sponsor's CEO. 18. 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 the 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 State Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. 19. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of said work or used in the course of said work including but not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof. -3- 20. 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. 21. 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 l-). 22. Grant the right of access to the Sponsor's records pertinent to this Project and the right to audit by the Department and Federal Highway Administration officials. 23. Be responsible for its portion of the total project cost and 1% of the contract amount for Department administration. 24. Be responsible for 100% of all project costs incurred should the project not be completed as specified. 25. Be responsible for 100% of any and all expenditures which are declared non -participating in federal funds, including awards by the State Claims Commission. 26. 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 motor fuel 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. 27. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the Sponsor expends more than $500,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the Sponsor's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 28. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment M). 29. Retain total, direct control over the project throughout the life of the improvements and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the project; • change the intended use of the Project as approved; • make significant alterations to any improvements constructed with Federal -aid funds; or • cease maintenance or operation of the Project due to its obsolescence. 4 30. 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. 31. Promptly notify the Department if the Project is rendered unfit for continued use by natural disaster or other cause. THE DEPARTMENT WILL: 1. Maintain an administrative file for the Project and be responsible for administering Federal -aid funds. 2. Provide routine 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 the plans and specifications for project/program eligibility. 6. Ensure substantial compliance with federal contracting requirements through review of the bidding proposal for inclusion of required federal forms, review of the administration of the DBE program provisions, and general compliance with 23 CFR 635. 7. Advise the Sponsor when to proceed with advertisement of the Project for construction bids. 8. Review bid tabulations and concur in the award of the construction contract for the Project. 9. Participate in the Sponsor's preconstruction meeting. 10. Visually verify (insofar as is reasonably possible) that the work meets contract requirements before reimbursement is made to the Sponsor. 11. Review and approve any necessary change orders for project/program eligibility. 12. Participate in the Sponsor's final acceptance meeting. 13. Reimburse the Sponsor 80% (Federal -aid share) for eligible costs up to the maximum Federal -aid amount approved in the CCRR form (Attachment I). This reimbursement will be limited to the maximum Federal -aid amount approved for the Project. If the payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. 14. Subject to the availability of Federal -aid allocated for the Project, pay the Sponsor the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Attachment J). -5 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 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 Motor Fuel Tax allotment. a tit IN WITNESS WHEREOF, the parties thereto have executed this Agreement on this !9 --day of 1)Q, pen) , 2011. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT cott E. Bennett Director of Highways and Transportation Pik Q CITY OF FAYETTEVILLE eld Jordan or of Fayetteville —ttorne —act— y ICt,11 fa wt. Printed Name (Must Be Legible) ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT NOTICE OF NONDISCRIMINATION The Arkansas State Highway and Transportation (Department) complies with all civil rights provisions of federal statutes and related authorities that prohibited discrimination in programs and activities receiving federal financial assistance. Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in Department's 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/TiY 711), or the fallowing email address: james.moore(5 arkansashighways.com. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. -6 Attachment 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 apply to this Agreement. The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. If as a condition of assistance the recipient has submitted and the Department has approved a disadvantaged business enterprise affirmative action program, which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which sanctions may include termination of the Agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each sub -recipient, contractor or subcontractor that failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and 26.107 shall substitute a breach of contract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub -recipient", and the term "contractor" modified to include "subcontractor".) DATE Ms. Cathie Matthews Arkansas Historic Preservation Program 1500 Tower Building 323 Center Street Little Rock, AR 72201 Attachment B Re: Arkansas Transportation Enhancement Project Job # Job Name County Dear Ms. Matthews: The City of .... proposes the enhancement of project and location. Describe the project. A location map is enclosed. (enclose a map a USGS 7.5 minute topographic quadrangle is preferred) 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. Enclosure(s) Sincerely, NAME & OFFICE (Sponsor's CEO)