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.
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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).
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