HomeMy WebLinkAbout131-11 RESOLUTIONRESOLUTION NO. 131-11
A RESOLUTION AUTHORIZING ACCEPTANCE OF A FEDERAL -AID
TRANSPORTATION ENHANCEMENT PROGRAM GRANT THROUGH
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT 1N THE AMOUNT OF $270,000.00 FOR THE
CONSTRUCTION OF TOWN BRANCH TRAIL, AND APPROVING A
BUDGET ADJUSTMENT
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 Clerk 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 2nd day of August, 2011.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas
Budget Adjustment Form
V11.0425
Budget Year
2011
Division: Transportation Services
Department: Transportation Services
Request Date
8/2/2011
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION
The Arkansas Highway Commission approved the City's application for Federal -aid Transportation Enhancement
Program funding in the amount of $270,000 for the Town Branch Trail project. This is an 80/20 matching
reimbursement grant for a total project cost of $337,500.
Divisio Hea
B dget irector
Departure �tdr •
Q
Date
7 Date
p�.t�.7ott
Date
11/-2.411
Financ Director
4,
Date
Chief
a
r
Staff
•
Account Name
Date
D -to
Prepared By: John Nelson
jnelson
Reference:
Budget & Research Use Only
Type: A B C �D) E
General Ledger Date
Posted to General Ledger
Checked / Verified
Initial Date
Initial Date
TOTAL BUDGET ADJUSTMENT 270,000 270,000
Account Number
Engineering Contra Servs 4470.9470.5314.04
Easements
Trails
Trails
4470.9470.5810.00
4470.9470.5814.05
4470.9470.5814.05
Federal Grants -Capital 4470.0947.4309.00
Increase / (Decrease) Project.Sub
Expense Revenue Number
33,750 02016 . 1102
20,000 02016 . 1102
283,750 02016. 1102
(67, 500) 02016. 1
270,000 02016. 1102
K:1Trails\ProjectslTown Branch Trail\Enhancement Funding\City Council\BAForm_V2011_Town Branch Trail.xls
EXHIBIT
1 q
� H
1 of 1
Matt Mihalevicho
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/2/2011
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
A resolution authorizing acceptance of a Federal -aid Transportation Enhancement Program grant through the
Arkansas State Highway Commission in the amount of $270,000 for construction of the Town Branch Trail; and
approving a budget adjustment to recognize the grant revenue.
337,500.00
Cost of this request
1,010,727.00
4470.9470.5814.05 $
Account Number
Category / Project Budget
Trail Development
Program Category / Project Name
357,094.00 Trail Improvements
02016.1102 $
Project Number
Funds Used to Date Program / Project Category Name
653,633.00 Sales Tax Construction
Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
X
G irk• 0*i•uu
Departmel ector Date
Attomey Date
�- 1V -lots
Finance and Internal Services Director Date
Previous Ordinance or Resolution # 140-10
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office 07-15-1 1 A08 20 RCVD
Comments:
Revised January 15, 2009
a'F v'e:.e`ville
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 DirectolU'
Chris Brown, City Engineer C"%
From: Matt Mihalevich, Trails Coordinator"
Date: July 15, 2010
Subject: Resolution to utilize federal -aid enhancement funds
PROPOSAL:
Staff requests a resolution authorizing acceptance of a Federal -aid Transportation Enhancement Program grant
through the Arkansas State Highway Commission in the amount of $270,000 for construction of the Town
Branch Trail; and approving a budget adjustment to recognize the grant revenue.
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 2.8 mile trail 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. 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) Town Branch Trail will become
part of the 36 mile Razorback Regional Greenway.
In August of 2010, resolution number 140-10 was approved staff to apply for the 80/20 matching
Transportation Enhancement funds in the amount up to $500,000. On June 20, 2011, the City was awarded
$270,000 for the Town Branch Trail project through the Transportation Enhancement Program. The Arkansas
State Highway Commission has requested approval of the attached resolution to express the willingness to
utilize the funds. 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.
BUDGET IMPACT:
The awarded funds of $270,000 represent 80% of the total budget of $337,500. The City will be responsible for
20% or $67,500 to be funded from the Trail Development Capital Improvement Program.
RESOLUTION NO.
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 ADJUSTMENT
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 Clerk 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 2nd day of August, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Proposed Town Branch Trail - Segment 1
Proposed Town Branch Trail - Segment 2
Proposed Town Branch Trail - Segment 3
Existing Muw-Use Trail
Future Extension of Frisco Trail
TOWN BRANCH TRAIL
Total Length - 2.8 Miles
Arkansas Transportation Enhancement Program
R. MADISON MURPHY
CHAIRMAN
EL DORADO
JOHN ED REGENOLD
VICE CHAIRMAN
ARMOR EL
JOHN BURKHALTER, P.E
LITTLE ROCK
ARKANSAS STATE HIGHWAY COMMISSION
P.O. Flux 2261
LITTI r ROCK, ARKANSAS 72203-2261
PIIONL (501) 569-2000 • Voici IFFY 711 • FAX (501)
WWW.ARKANSASI IIC]!IWAYS.CUM
June 20, 2011
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
DICK TRAMMEL
RDGERS
THOMAS P SCHUECK
LITTLE ROCK
DAN FLOWERS
DIRECTOR OF
HIGHWAYS AND TRANSPORTATION
569-2400
RECEIVED
JUN 21 2.011
Ci OF MAYORS OFFICE
LE
Dear Mayor Jordan:
am pleased to inform you that the Arkansas High-way_Commission_has_Selected
your application for Federal -aid Transportation Enhancement Program funding for the
Fayetteville Town Branch Trail project. This project is approved for federal funding in
the amount of $270,000. Although your second priority, Fayetteville Lafayette and
Maple Street Railroad Overpass Rehabilitation project, was eligible for funding, this
project was not selected due to the limited amount of federal funding available. We
regret that all eligible projects could not be funded; however, this project may be
resubmitted during the next application cycle for consideration.
While your Fayetteville Town Branch Trail project is approved in concept, please
be aware that there is a possibility that some items are not eligible for federal funding.
In the near future, you will be contacted by our staff with additional information
regarding the implementation of this project.
c: Director
Deputy Director and Chief Engineer
Assistant Chief Engineer -Planning
Programs and Contracts
District 4
Sill leiy,
l'7"ft-6(
mmel
Commissioner
ARKANSAS STATE HIGHWAY
AND RECEIVED
TRANSPORTATION DEPARTMENT rJUL 5 2011
Dan Flowers
Director
Phone (501) 569-2000 Fax (501) 569-2400
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
July 1, 2011
CiTY OF FAYETTEVI LLE
MAYORS OFFICE
P.0, Box 2261
Little Rock, Arkansas 72203-2261
W W W.ARKANS ASHIGH WAYS.COM
Dear Mayor Jordan:
Reference is made to Commissioner Trammel's recent letter approving your
transportation enhancement project.
At this point, a resolution from your City Council is required. The resolution
should indicate support for the project and give you the authority to enter into necessary
agreements with the Department (sample enclosed). A signed and sealed copy of the
approved resolution should be forwarded to:
Ms. Lorie Tudor
Programs and Contracts Division
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Once we have received your resolution, we will schedule a meeting with you or
your representative to discuss the project and applicable requirements. Please do not
begin work on theproiect at this time. You will receive a formal notice to proceed
after our meeting. No reimbursement will be made for any work done prior to the
date of the notice to proceed.
Sincerely,
Scott E. Bennett
Assistant Chief Engineer -Planning
Enclosure
c: Commissioner Dick Trammel
Director
Deputy Director and Chief Engineer
Programs and Contracts
RESOLUTION NO.
A RESOLUTION EXPRESSING THE WILLINGNESS OF
(Sponsor)
TO UTILIZE FEDERAL -AID ENHANCEMENT FUNDS
WHEREAS,
(Sponsur's Governing Authority)
Transportation Enhancement funds arc available at 80% federal pa ; c, ipati •. z nd 20% local cash
match for the following project:
understands Federal -aid Surface
NOW, TFIEREFORE, BE IT RESOLV BY HE
, THAT:
will participate in
accordance with its designat ,: espnnsibt .; including maintenance of this project.
(Title of Sponsor's CEO/GAO)
hereby authorize rec . to execute al] appropriate agreements and contracts necessary to
expedite the construe ' the above stated improvement.
or their designee is
SECTION 1II: pledges its full
(Spo❑sor'S Governing Auktiorily)
support and hereby authorizes the Arkansas State Highway and Transportation Department to
initiate action to implement this project.
THIS RESOLUTION adopted this day of , 2011.
ATTEST:
(S LA L)
(Sponsor's CLO (;Au)
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 11-1-D
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).
NIA
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
N/A
Remaining Balance Fund Name
Budgeted Item X Budget Adjustment Attached
Departmes I
�t�orney
0-1/Ai
Date
/2— (Y /r
Date
Finance and Internal Services Director Date
Chief of Sta" '
Date
/0::&/
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
140-10
131-11
8/3/2010
8/2/2011
Received in City 1-13-1 1 P05: 11 R CV D
Clerk's Office
Revised January 15, 2009
a'F e lev�le
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 (71B) 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 2nd, 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 ADJUSTMENT
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 Clerk 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 2°" day of August, 2011.
APPROVED: ATTEST:
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FAYETTEI ILLS ;
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''1tfl31;100.1
By: �1'� cv `�J�(Yalt
SONDRA E. SMITH, City Clerk/Treasurer
•
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: 00414.6J e. a,
SO DRA E. SMITH, City Clerk/Treasurer
tttttt+� rr►►►►r
• • ••• cr
• FAYETTEVILLE:
•
'ki/ •• •• •• 0 `�• �
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
(ATEP-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
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 $0% 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
ail 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.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement on this Oday
of € QJ UU , 2011.
ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT
V-4cott E. Bennett
Director of Highways and Transportation
OV, Q
CITY OF FAYETTEVILLE
C
meld Jordan
r of Fayetteville
City ttorney
IC:t- . `V i. tt 1%0„tS
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 - EEOIDBE (ADA/504/Title V! Coordinator), P.O. Box 2261, Little Rock, AR 72203, (501) 569-2298,
(VoicerrTY 711), or the following email address: ames.moore?arkansashigl1wavS.corfl.
This notice is available from the ADA/504/Title V] 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".)
Attachment B
DATE
Ms. Cathie Matthews
Arkansas Historic Preservation Program
1500 Tower Building
323 Center Street
Little Rock, AR 72201
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.
Sincerely,
NAME & OFFICE
(Sponsor's CEO)
Enclosure(s)
Attachment C
RIGHT-OF-WAY AND UTILITY CERTIFICATION LETTER
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
F.A.P. #
Job Name
County
Dear Mr. Vozel:
Regarding right-of-way for the referenced Federal -aid project, I certify that
(Choose one of the following)
(1) title to right-of-way necessary for construction of the project is already in public
ownership. No additional right-of-way is needed.
(2) title to a portion of the right-of-way necessary for construction of the project is
already in public ownership. The additional right-of-way necessary for this project has
been acquired in accordance with applicable Federal Highway Administration
procedures as shown below.
# Tracts # Paid # Donations # Condemnations
(3) title to right-of-way necessary for construction of the project has been acquired in
accordance with applicable Federal Highway Administration procedures as shown
below.
# Tracts # Paid # Donations # Condemnations
Enclosed are preliminary plans showing the existing right-of-way limits. (for No. 2 and
3 above, add the following) and the boundary of additional right-of-way needed for
construction of this project.
Additionally, I certify that arrangement for adjustment of existing conflicting utilities has
been accomplished.
# Utilities # Complete % Remaining Exp. Comp. Date
Sincerely,
NAME & OFFICE
(Sponsor's CEO)
Enclosure(s)
Attachment D
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID ENHANCEMENT PROJECTS
(All items will be provided by AHTD)
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-1 273.
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.).
Attachment E
CERTIFICATION LETTER
REQUESTING AUTHORITY TO ADVERTISE
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
County
Dear Mr. Vozel:
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.
1 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
(Department). Further, I hereby authorize the Director of the Arkansas State
Department of Finance and Administration to transfer such funds from the City's Motor
Fuel Tax allotment to the Department's RRA Fund upon notification by the Director of
Highways and Transportation that such funds are due to the Department and have not
been paid by the City.
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(Sponsor's CEO)
Enclosures
Attachment F
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. All applicable State
laws, including but not limited to, Arkansas Code 22-9-203 must be followed. In
addition, the following minimum guidelines for advertising must be met:
• The minimum advertising period is three weeks.
• The project must be advertised a minimum of two times in a statewide newspaper.
• The notice must contain: (1) the time, date, and place that sealed bids are to be
accepted, opened, and publicly read; (2) a brief description of the kind or type of
• work contemplated; and (3) the place at which prospective bidders may obtain plans
and specifications.
• The Sponsor will include the following language in the solicitation for bids:
"The Sponsor hereby notifies all bidders that this contract is subject to
applicable labor laws, non-discrimination provisions, wage rate laws and
other federal laws including the Fair Labor Standards Acts of 1938. The
Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also
apply."
• All bids received in accordance with the terms of the advertisement shall be publicly
opened and at a minimum, the total amount bid must be read (the sponsor may
choose to read the bids item by item).
• If any bid received is not read aloud, the name of the bidder and the reason for not
reading the bid aloud shall be publicly announced at the letting.
• In accordance with 23 CFR 635.110, any procedures and requirements for
qualifying and licensing contractors must be approved by the Federal Highway
Administration.
• Negotiation with contractors during the period following the opening of bids
and before the award of the contract is not permitted.
Attachment G
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
DATE
Mr. Frank Vozel
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
County
Dear Mr. Vozel:
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,
Sponsors CEO
Sponsor's Attorney
Enclosures
Attachment H
GUIDELINE FOR INSPECTION OF LOCALLY ADMINISTERED
CONSTRUCTION CONTRACTS - ENHANCEMENT TYPE
Upon receipt of written concurrence from the Arkansas State Highway and
Transportation Department in the award of the construction contract, the construction
contract may be executed. The following minimum guidelines for inspection must be
met:
1) Project must be inspected by a Professional Engineer, Architect, or Landscape
Architect registered to practice in the State of Arkansas.
2) Project must be inspected using best practices for the type of work and the Sponsor
is not required to use Department inspection procedures.
3) Prior to beginning construction activities, the Sponsor must hold a pre -construction
meeting and must invite the Department's Resident Engineer (RE) assigned to the
project. At the meeting:
a) The Sponsor will provide the RE one set of plans and one copy of the
construction contract.
b) The RE will provide a packet of posters and notices required by the FHWA-1273
supplemental specifications.
4) Submit the Construction Certification and Reimbursement Request (CCRR) form to
the RE for review and handling. RE to check:
a) Maximum federal funding available.
b) Signed by Sponsor's Chief Elected Official (CEO).
c) RE to review for math errors and compare to previously submitted CCRRs.
d) Page 2 must be submitted.
e) Copy of check(s) from the Sponsor to the Sponsor's Contractor and LPA
Report(s) of Daily Worked Performed.
5) Prior to implementing change orders, the Sponsor must submit fully executed
change orders to the Department's RE for Department review and approval. The
change order form must include:
a) The Sponsor's CEO (or designated representative), Engineer/Architect's, and
Contractor's signature.
b) Description of the change and why the change was necessary.
c) For unit price contracts, any changes in quantities.
d) For new pay items, the pay item name, quantities, units, and unit price.
e) Time extensions.
f) All change orders must be reviewed and approved before beginning work except
for reconciliation change orders at the end of the project.
g) Reconciliation changes are required for project underruns greater than 20% and
for all projects greater than 10% over.
6) Provide documentation to the RE of the daily work performed by the Contractor.
7) Upon completion of the Project:
a) Submit a CCRR form showing the work completed as the final contract amount.
i) This form must be submitted even if the Sponsor has been reimbursed 100%
of the Federal -aid available for the Project.
b) Hold a final acceptance meeting in which the Sponsor's engineer/architect, the
designated full-time employee and the Department's RE must attend.
c) Submit the LPA Final Acceptance Report form to the RE at the final acceptance
meeting.
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Attachment J
Sponsor
LPA Report of Daily Work Performed
Job Name: Job No.:
FAP No.: Contractor:
Date: Hours Worked: — Report No.:
Project Conditions
Site Conditions
Weather
Contractors Personnel
Useable
Sunny
Laborers
Partly Useable
Partly Cloudy
Carpenters
Not Useable
Rain
Rainfall Amt. (in.)
Concrete Laborers
Equip. Operators
Min Temp. (F)
Max Temp. (F)
Electricians
Comments
Plumbers
Foreman
Other
Other
Location and Description of Work Performed
Special Instructions and/or Conversations
Signed:
Designated Full-time Employee
Attachment K
SPONSOR
LPA Final Acceptance Report
Job Name:
Date:
Job No:
FAP No:
County:
Route:
Contractor:
Date Work Began:
Date Work Completed:
Attendees:
Remarks:
Project Completed in Substantial
Compliance with Plans and
Specifications and Recommended for
Final Acceptance by Sponsor
Recommended for Acceptance in
Accordance with Project Agreement
Engineer/Architect
AHTD Resident Engineer
Project Recommended for Acceptance
Designated Full-time Employee:
I certify that the Contractor and/or subcontractor(s) have complied with the
provisions of FHWA-1273, Required Contract Provisions, Federal -aid
Construction Contracts, and Supplements; that the project has been completed
by the Contractor in accordance with the plans and specifications; that the
Contractor has been paid for this work, and the project is hereby accepted.
Sponsor's CEO
Attachment L
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 concerning records in certain kinds of
contracts, see Sec. 1 8.36(i)( 10).
(b) Length of retention period. (I) 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.
(I) 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]
Attachment M
Federal Funding Accountability and Transparency Act (FFATA)
Reporting Requirements
(For more information go to hops,//www.fsrs.gov/)
FFATA was signed on September 26, 2006. The intent is to empower every American with
the ability to hold the government accountable for each spending decision. The end result is to
reduce wasteful spending in the government. The FFATA legislation requires information on
federal awards (federal financial assistance and expenditures) be made available to the public via
a single, searchable website, which is www.USASpending.gov,
A Prime Grant Recipient (hereinafter called AHTD (the Arkansas State Highway and
Transportation Department)) awarded a new Federal grant greater than or equal to $25,000 as of
October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of
Management and Budget guidance issued August 27, 2010. AHTD is required to file a FFATA
sub -award report for any sub-arant awarded to a sub-awardee areater than or equal to
$25000. As a sub-awardee, Lof 47hffr shall
provide the following information to AHTD in order to fulfill FFATA reporting requirements:
W A unique identifier (Dun & Bradstreet DUNS Number) of the sub-awardee receiving the
award and the parent entity of the recipient, should the sub-awardee be owned by another
entity;
The names and total compensation of the five most highly compensated officers of the
sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent
or more of its annual gross revenues in Federal awards; and $25,000,000 or more in
annual gross revenues from Federal awards; and the public does not have access to
information about the compensation of the senior executives of the sub-awardee through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See
FFATA § 2(b)(1).
Page lot 2
Attachment M
Required Sub-Awardee Information
(A) Sub-Awardee -- DUNS Number: 075657742
Parent (if applicable) — DUNS Number: NIA
(8) In the preceding completed Federal fiscal year, did your business or organization (the legal
entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of
its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants,
and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from
U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative
agreements?
Yes 1 No (Circle one)
If "Yes" is selected, answer (C).
(C) Does the public have access to information about the compensation of the executives in your
business or organization (the legal entity to which the DUNS number entered above belongs)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
�uA
s / No (Circle one)
If "Yes" is selected, vis�http://Www.sec.govledgar.shtmi for reference.
If "No" is selected, answer (D).
(D) If "No" was selected in Question "C", complete the following information for the five (5)
most highly compensated executives in your business or organization (the legal entity to
which the DUNS number entered above belongs). Amount should reflect the Total
Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars.
Sub-Awardee Names and Compensation of Most Highly Compensated Officers
Name:
Amount: $
2. Name: Amount:
Name:
Name:
Name:
Amount: $
Amount: $.
Amount: $
Page 2 of 2
Matt Mihalevich
Submitted By
City of Fayetteville Item Review Form
2014-0036
Legistar File Number
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
o ExcuvaioV1
kin Ca*t(
the iatinEvprCv�ly�il
Development Services
Department
Staff requests Mayor and City Attorney approval of the attached Certification Letter Requesting
Concurrence of Contract for the Town Branch Trail bid award to ARCO Excavation & Paving, Inc. Bid
approval is on the agenda for the February 4th City Council meeting. The contract award is contingent on
concurrence from the Arkansas State Highway and Transportation Department and this certification is
required to request concurrence from AHTD.
Does this item have a cost? NO
Cost of this request
Account Number
Project Number
Budgeted Item? Yes
Category or Project Budget
Funds Used to Date
$0.00
Remaining Balance
Budget Adjustment Attached? NO
Previous Ordinance or Resolution # 131-11
Original Contract Number:
Comments:
Program or Project Name
Program or Project Category
Fund Name
V20130812
L•
aylel evl e
ARKANSAS
NON AGENDA MEMO
To: Mayor
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Matt Mihalevich, Trails Coordinator
Date: January 21St, 2014
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Subject: Town Branch Trail — Certification Letter Requesting Concurrence in Award of Contract
RECOMMENDATION:
Staff requests Mayor and City Attorney approval of the attached Certification Letter Requesting
Concurrence of Contract for the Town Branch Trail bid award to ARCO Excavation & Paving, Inc. Bid
approval is on the agenda for the February 4`h City Council meeting. The contract award is contingent on
concurrence from the Arkansas State Highway and Transportation Department and this certification is required
to request concurrence from AHTD.
PROPOSAL:
The City has been awarded $622,647 in federal -aid funding through Transportation Enhancement and
Transportation Alternatives Programs for the construction of a section of Town Branch Trail from Greathouse
Park to South School Ave. Due to the federal funding, all steps of this project have followed the regulations
established by the Arkansas State Highway & transportation Department (AHTD). This certification letter is
one of the requirements established in the Agreement of Understanding between the City of Fayetteville and
AHTD. Resolution 131-11 authorizes the Mayor to execute all appropriate agreements with the Arkansas State
Highway and Transportation Department.
BUDGET IMPACT:
None
•
a e ev! e
ARKANSAS
TO: Kit Williams, City Attorney
FROM: Chris Brown, City Engineer
CC: Matt Mihalevich, Trails Coordinator
Peggy Vice, Purchasing Mgr.
DATE: January 21, 2014
SUBJECT: Town Branch Trail -Certification Letter
THE CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
125 West Mountain
Fayetteville, AR 77701
Phone (479) 444-3443
This is to confirm that the Town Branch Trail (Greathouse to South School) was advertised and bids for the
project were received in accordance with regulations governing Federal -aid projects, and that the bid is being
awarded to the lowest responsive and qualified bidder. No negotiations have been held with the contractor or
other bidders, nor will there be prior to execution of the contract.
ARCO Excavation & Paving is the low bidder on the project. Their bid submittal has been reviewed to verify
that all certifications required of Federal -aid projects (e.g., DBE Participation, Anti -Collusion and Debarment,
etc.) were properly signed and submitted with the bid.
Telecommunications Device for the Deaf TOD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF CONTRACT
January 21, 2014
Mr. Ralph Hall
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P.O. Box 2261
Little Rock AR 72203
Re: Job 040603
F.A.P. STPE-TAPU-ENHN (469)
Fayetteville Town Branch Trail
(ATEP- i 1)(S)
Washington County
Dear Mr. Hall:
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.
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 ARCO Excavation & Paving, Inc. is requested.
Sincerely,
Kit Williams, City Attorney
Enclosures
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 ADJUSTMENT
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 Clerk 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 2"`i day of August, 2011.
APPROVED:
ELD AN, Mayor
A'CfES'1':
By: AonA'er." it .
SONDRA E. SMITH, City Clerk/Treasurer