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HomeMy WebLinkAbout219-11 RESOLUTIONRESOLUTION NO. 219-11 A RESOLUTION APPROVING AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE ACCEPTANCE OF AN ARKANSAS RECREATIONAL TRAILS GRANT IN THE AMOUNT OF $80,000.00 FOR THE CONSTRUCTION OF LAKE FAYETTEVILLE TRAIL (SOUTH), AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement of understanding with the Arkansas State Highway and Transportation Department for the acceptance of an Arkansas Recreational Trails Grant in the amount of $80,000.00 for construction of Lake Fayetteville Trail (South). Section 2: 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 20th day of December, 2011. APPROVED: ATTEST: By: ( 411L.11., SONDRA E. SMITH, City Clerk/Treasurer ;ham'• G, �'.�'� • FAYETTEVILLE: • 9,Q er'' ,,4'G• TON C %%%‘ «f11111Y1k111�,, City of Fayetteville, Arkansas Budget Adjustment Form V11.0425 Budget Year 2011 Division: Transportation Services Department: Transportation Services Request Date 12/20/2011 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION The Arkansas Highway Commission approved the City's application for Federal -aid Recreational Trails Program funding in the amount of $80,000 for the extension of the Lake Fayetteville Trail along the south side of the lake to Veterans Memorial Park. This is an 80/20 matching reimbursement grant. Division He • v r T —'�J Date Budg Director Date Departrneryt' Ditector ' / Date 7-.-2_zoir Finance Di -ctor Date Account Name Date /44 fr_ D to Prepared By: Reference: Jnelson Budget & Research Use Only Type: A B C D E P General Ledger Date Posted to General Ledger Checked / Verified TOTAL BUDGET ADJUSTMENT Engineering Contra Servs Trails Trails Federal Grants -Capital 80,000 80,000 Increase / (Decrease) Date Date Project.Sub Account Number Expense Revenue Number 4470.9470.5314.04 5,000 02016. 1105 4470.9470.5814.05 95,000 02016 . 1105 4470.9470.5814.05 (20,000) 02016. 1 4470.0947.4309.00 80,000 02016 . 1105 EXHIBIT I _A__ K:LTrailslProjectslLake Fayetteville Trail\Phase IV - Veterans\Rocreational Trails Grant\City CouncillBAForm_V2011_LF South.xls 1 of 1 MATT MJNALEVICH Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/20/2011 City Council Meeting Date Agenda Items Only EN GIN EERt Division Action Required: 12EvEI.oPMgur 5Ecvii:5 Department A resolution approving an Agreement of Understanding with the Arkansas Highway and Transportation Department for the acceptance of an Arkansas Recreational Trails Grant to utilize $80,000.00 in federal -aid funds for the construction of Lake Fayetteville Trail (South); and approving a budget adjustment to recognize the revenue. 100,000.00 Cost of this request 1,280,727.00 4470.9470.5814.05 $ Account Number 02016 Project Number Budgeted Item Category / Project Budget 588,709.00 Trail Development Program Category / Project Name Trail Improvements Funds Used to Date Program / Project Category Name 692,018.00 Sales Tax Cap Imp Remaining Balance Fund Name Budget Adjustment Attached X Depart t rector 11.•OM=1AR Date /2 -Z - t/ y Attorney Date Finance and Internal Services Director AAA,.Chief of S ff Mbyor L- L -2.4 Date Date D to Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 81-10 5/18/2010 Received in Cit) 2-.01 -1 i PO4:30 PCV D Clerk's Office • Received in Mayor's Office Comments: Revised January 15. 2009 'Faei'.eville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer of" From: Matt Mihalevich, Trails Coordinator Date: November 29, 2011 Subject: Agreement of Understanding - Recreational Trails Program Grant RECOMMENDATION: Staff recommends approval of a resolution approving an Agreement of Understanding between the City of Fayetteville and The Arkansas State Highway and Transportation Department (AHTD) for the acceptance of an Arkansas Recreational Trails grant to utilize $80,000 in federal -aid funds; and approving a budget adjustment recognizing the revenue for the extension of the Lake Fayetteville Trail along the south side of the lake to Veterans Memorial Park. A willingness to apply for this grant was approved on May 18th of 2010 by resolution 81-10. PROPOSAL: Construction of the remaining 1 mile of paved trail along the south side of Lake Fayetteville to Veterans Memorial Park was originally planned for 2012 to complete the 5.5 mile paved trail loop around Lake Fayetteville. On August 31, 2011, the City of Fayetteville was notified by the Arkansas State Highway Commission that federal -aid funding in the amount of $80,000 has been awarded through the Recreational Trails Program for the extension of Lake Fayetteville Trail. The grant funding will supplement trail development funds and reduce the City's cost for the trail. Currently there are 4.5 miles of paved trail and 5.5 mile of natural surface trail at Lake Fayetteville. The existing natural surface trail will remain and in most cases the proposed paved trail will be located out of sight of the existing natural surface trail. BUDGET IMPACT: The terms of this grant require a 20% match of the total project cost, or $20,000.00. The Agreement of Understanding obligates the City to pay $20,000 toward the trail project. Upon receipt of an official Notice to Proceed from the Arkansas Highway and Transportation Department, the project will be reimbursable at a rate of 80% up to the total grant amount of $80,000. The total project cost is estimated at $500,000 so the City's total cost for the project is estimated to be $420,000. RESOLUTION NO. A RESOLUTION APPROVING AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR THE ACCEPTANCE OF AN ARKANSAS RECREATIONAL TRAILS GRANT IN THE AMOUNT OF $80,000.00 FOR THE CONSTRUCTION OF LAKE FAYETTEVILLE TRAIL (SOUTH), AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement of understanding with the Arkansas State Highway and Transportation Department for the acceptance of an Arkansas Recreational Trails Grant in the amount of $80,000.00 for construction of Lake Fayetteville Trail (South). Section 2: 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 20th day of December, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer R MADISON MURPHY CHAIRMAN EL DORADO JOHN ED REGENOLD VICE CHAIRMAN ARMOREL P.O. Box 2261 JOHN BURKHALTER, P.E. LITTLE Rock, ARKANSAS 72203-2261 LITTLE ROCK PiIONE (501) 569-2000 • Voici:/TTY 711 • FAx (501) 569-2400 WWW.ARKANSASHICHWAYS.COM ARKANSAS STATE HIGHWAY COMMISSION August 31, 2011 Mr. Matt Mihalevich Trails Coordinator City of Fayetteville 113 W Mountain Street Fayetteville, AR 72701 Dear Mr. Mihalevich: DICK TRAMMEL ROGERS THOMAS B. SCHUECK LITTLE ROCK DAN FLOWERS DIRECTOR OF HIGHWAYS AND TRANSPORTATION Reference is made to your application for trail development funding through the Arkansas Recreational Trails Program. Your project, Lake Fayetteville Trail, has been approved to receive up to $80,000 in Federal funding. The Arkansas State Highway and Transportation Department (AHTD) will host a project administration workshop on Thursday, September 22, 2011 starting at 1:00 p.m. The steps necessary to develop and implement your project will be outlined in detail during the workshop. It is extremely important that someone familiar with your project attend this session. The workshop will be held in the auditorium of the AHTD headquarters building. We are located in southwest Little Rock at Exit 130 along Interstate 30. We look forward to working with you to develop this project. If you have any questions regarding the Arkansas Recreational Trails Program or the workshop, please call Bill Bastress at (501) 569-2209. Sincerely, Scott E. Bennett Acting Director of Highways and Transportation c: Commissioner Dick Trammel Deputy Director and Chief Engineer Acting Assistant Chief Engineer — Planning Planning and Research District 4 SEB:BB:saw ry ir _' ..'1 T 11 r .� :I :r. Lh hilly' L:2ft.l •aux EP 1 :. Al ,.11.! Ave :71 .71 VIPMIC4 But kf1�' ;.f Ali' 1:.#1ril1;.1 C 065-) �� IiL'lIlr:;e5 = Ln .11 ,n is s - ePurtIc Ave Existing Lake Fayetteville Trail 10' Wide Paved - 4.5 Miles 'Itil 14 Li .J1 y�1 i_Iltl'�LfJ l !rviI Lit; 1.".,r ;1 Future Trail to Johnson rvLir! Lar --• Ln vvy Co' r r: 1/1 5Pr.1n 0 w: Cosinrry +.+b 'r'i L� k t'� ���•, Lir J ] _(•I L fir. t�rl't•: r;;e Lake Flit L Lti•r E :nor: I- d l l0' e r th s t._'r Dr Proposed 10' Wide Concrete Trail - 1 Mile Existing Bike Lanes to Mud & Scull Creek Trails L Park or L!r cti Ir_ a e� eyille y A4lAY4AL (-Lake Fayetteville Trail PROPOSED oegenlydTRAIL Recreational Trails Grant EXISTING PAVED TRAIL EXISTING BIKE ROUTE PROJECT LOCATION MAP AGREEMENT OF UNDERSTANDING BETWEEN CITY OF FAYETTEVILLE AND THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT In Cooperation with the U. S. Department of Transportation Federal Highway Administration RELATIVE TO Implementation of Job 040613, Lake Fayetteville Trail (hereinafter called "Project"), as a recreational trail development or improvement project. WHEREAS, the Arkansas State Highway Commission has made available 80% Federal -aid funds for certain recreational trail projects; and WHEREAS, the City of Fayetteville (hereinafter called "Sponsor") has expressed its desire to use Federal -aid funds for an eligible project; and WHEREAS, funding participation for each phase of the project will be as follows subject to a limit of $80,000 maximum Federal -aid approved for the project: Federal % Sponsor % Project Design: -0- 100% Utilities/Right of Way: -0- 100% Project Inspection: -0- 100% Project Construction: 80% 20% ;and WHEREAS, the Sponsor knows of no legal impediments to the completion of the project; and WHEREAS, it is specifically agreed between the parties executing this agreement that it is not intended by any of the provisions of any part of the agreement to create the public or any member thereof a third party beneficiary hereunder or to authorize anyone not a party to this agreement to maintain a suit or action for injuries or damage of any nature pursuant to the terms or provisions of this agreement; and WHEREAS, the Sponsor understands that the Arkansas State Highway and Transportation Department (hereinafter called "Department") will require the Sponsor to adhere to the General Requirements for Recipients and Sub -recipients Concerning Disadvantaged Business Enterprises as stated on Attachment A; and IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal Highway Administration, will participate in a cooperative program for implementation of the Project and will accept the responsibilities and assigned duties as described hereinafter. THE SPONSOR WILL: 1. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses, and losses, including those arising from claims before the Arkansas Claims Commission or lawsuits brought in any other legal forum, sustained on account of the operations or actions of the Sponsor, including any act of omission, neglect or misconduct of said Sponsor. Further, the Sponsor shall take no action to compromise the immunity from civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code § 19-10-305, or the 11`x` Amendment of the United States Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. 2. All Sponsors must review their application to ensure that the Scope of the project is accurate and the proposed budget is accurate. See Attachment B which must be completed and sent to the Department to ensure current scope and budget is accurate. 3. Grant the right of access to Sponsor's records pertinent to this project and the right to audit by the Department and Federal Highway Administration officials. Be responsible for the inspection and certification of all work in accordance with the plans and specifications for the Project and to retain all records relating to such inspections, certifications, any billing statements, and any other files necessary to document the performance and completion of the work. A statement in writing must be submitted to the Department when the Project is completed. The Sponsor shall retain all records for three years upon completion of the project in accordance with the requirements of 49 CFR; Subtitle A, Part 18, Subpart C, Section 18.42 — (See Attachment C for retention and access requirements for records). The date of completion of the project will be construed as the check date of the final payment submitted to the Sponsor by the Department. 4. If the project awarded is in excess of $25,000 Attachment D needs to be completed and returned to the Department. Attachment D pertains to the Federal Funding Accountability and Transparency Act (FFATA). 5. Comply with provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964, FHWA Recreational Trails Program Guidance, and any other Federal, State, and/or local laws, rules and/or regulations. The Arkansas State Highway and Transportation (Department) complies with the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964 and other federal equal opportunity laws and therefore does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in admission or access to and treatment in Department programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to James B. Moore, Jr., Section Head - EEO/DBE (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: iames.moore@arkansashighways.com. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. -2- 6. Be responsible for its portion of the total project cost, which will include project design, construction inspection services, appraisal and acquisition of right-of-way, relocation services (when required), and adjustment of all man-made improvements, including utilities. 7. Provide a copy of the registered deed or an appropriate certification stating the Sponsor has a clear and unencumbered title to any right-of-way to be used for the project and the land is accessible to the general public for public recreational purposes (See Attachment E). 8. Private or Non — Profit Organizations must review and submit Attachment F with all documents requested to the Department. No order to proceed will be granted to these organizations without the documents being submitted in full. 9. Request review from the Arkansas Historic Preservation Program (AHPP) (See Attachment G). Then, forward AHPP's approval to the Department. 10. Refrain from any Project construction for which the Sponsor expects monetary reimbursement until a Notice to Proceed is received from the Department. 11. If the project is to be advertised, for bids, it must be done in accordance with State and Federal procedures as shown in Attachment H. Bids are necessary for any goods, materials, or labor totaling $25,000 or more. 12. Prepare plans, specifications, and a cost estimate for construction bid process. These plans will be reviewed by the Depaitment at the Pre -Construction Conference and these records need to be maintained by the Sponsor for three years after the completion date of the project. A registered licensed professional engineer, architect, or landscape architect must sign the plans and specifications for the project for any project over $25,000. For any project under $25,000, the Sponsor's legal representative must countersign the plans. (See Attachment I for certification letter requesting concurrence in award of the contract to be sent to the Department). 13. Be responsible for 100% of any and all expenditures which are declared non -participating in Federal funds, including awards by the State Claims Commission. 14. Be responsible for 100% of all project costs incurred should the project not be completed as specified. Repay to the Department the Federal share of the cost of any portion of this Project if the Federal Highway Administration removes Federal participation due to actions of the Sponsor, As agents, its employees, or its assigns, or the Sponsor's consultants or their agents. Such actions shall include, but are not limited to, Federal non -participation arising from problems with design plans, construction, change orders, construction inspection, or contractor payment procedures. 15. Retain total, direct control over the Project throughout the life of the improvements and not, without prior written approval from the Department: • sell, transfer, or otherwise abandon any portion of the Project; • change the intended use of the project as stated in the approved Project application; • make significant alterations to any improvements constructed with Federal -aid funds; or • cease maintenance or operation of the project due to the Project's obsolescence. -3- 16. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the project in accordance with Federal -aid requirements may result in the Sponsor's repayment of Federal funds and may result in the withholding of future Federal -aid funds. The Sponsor understands and agrees that the Department may cause necessary funds to be withheld from the Sponsor's gasoline tax allotment should the Sponsor fail to pay to the Department any required funds, fail to complete the project as specified, or fail to adequately maintain or operate the project. 17. Promptly notify the Department if the project is rendered unfit for continued use by natural disaster or other cause. 18. Repay all Federal funds if this is determined necessary for any reason. 19. Construct the Project in accordance to plans and specifications that were developed by the Sponsor, or the Sponsor's representative, and were reviewed and approved by the Department prior to the issuance of the Notice to Proceed. 20. Notify the Department upon completion of various phases of the work in order that a Department representative may review the project before any payments for such work are made to the Contractor. Once the Sponsor makes payments to suppliers and visible progress has been made toward the completion of the Project an on-site inspection of the Project may be requested by the Sponsor. No reimbursement will be made by the Department without an on-site inspection of the Proj ect. 21. Provide the Department with all necessary documentation including a resolution of support from the Sponsor's governing body, approval from the State Historic Preservation Officer, proof of ownership, revised budgets and changes of the scope of the job, plans and specifications, and permits or rulings from the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Environmental Protection Agency, or other applicable agencies within one calendar year of the date this Agreement of Understanding is signed by the Director of the Arkansas State Highway and Transportation Department. Extensions will not be granted. Funding for a project failing to provide this documentation will be withdrawn and will be allocated to other eligible recreational trail projects. THE DEPARTMENT WILL: 1. Be responsible for administering Federal -aid funds and for project approval and acceptance. 2. Review and approve environmental, archeological, wetland, or other necessary clearances and if proper documentation is provided and review of the land warrants than environmental clearance will be provided. 3. Review plans and specifications for the Project. 4. Advise the Sponsor when to proceed with construction of the Project. 5. Review and approve any necessary change orders for Project eligibility, regardless of funding source. -4- 6. Visually verify (insofar as is reasonably possible) that the work meets contract requirements before reimbursement is made to the Sponsor. 7. Reimburse the Sponsor for all legitimate, documented costs in accordance with the final executed contract. IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure may disqualify the Sponsor from receiving future Federal -aid funds administered by the Department. IT IS FURTHER AGREED that should the Sponsor fail to pay to the Department any required funds due for implementation of the project or fail to complete the project as specified in this Agreement or fail to adequately maintain or operate the project, the Sponsor hereby authorizes the Director of the Department of Finance and Administration to transfer from any of the Sponsor's State funds to the Department's RRA account such sums as the Director of Highways and Transportation shall certify as due the Department under terms of this Agreement. IN WITNESS WHEREOF, the parties thereto have executed this Agreement on this t-15 t day of , 20 11 . ARKANSAS STATE HIGHWAY CITY OF FAYETTEVILLE AND TRANSPORTATION DEPARTMENT Scott E. Bennett Director of Highways and Transportation Arkansas State Highway and Transportation Department Notice of Nondiscrimination The Arkansas State Highway and Transportation (Department) complies with the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964 and other federal equal opportunity laws and therefore does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in admission or access to and treatment in Department programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to James B. Moore, Jr., Section Head-EEO/DBE (ADA/5047itle VI Coordinator), P.O. Box 2261, Little Rock, AR 72203, (501) 569-229g, (Voice/TTY 711), or the following email address: iames.moore ;arkansashiehways.com, This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. -5- Matt Mihalevich Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements Mayor's Signature Only City Council Meeting Date Agenda Items Only Engineering Division Action Required: N7D Development Services Department Staff requests approval of the attached contract with the Arkansas State Highway and Transportation Department for the implementation of Lake Fayetteville Trail (Job 040613) by the City of Fayetteville through the Arkansas Recreational Trails Program. An Agreement of Understanding was approved on December 20th, 2011 by resolution 219-11 to utilize $80,000 in federal -aid funds for the extension of the Lake Fayetteville Trail between the Botanical Gardens and Veterans Memorial Park. A willingness to apply for this grant was approved on May 18th, 2010 by resolution 81-10. N/A Cost of this request N/A Account Number N/A Project Number N/A Category / Project Budget N/A N/A Program Category / Project Name N/A Funds Used to Date Program / Project Category Name N/A N/A Remaining Balance Fund Name Budgeted Item r -I Budget Adjustment Attached L Departrp pt Director ttomey -ectu3. a La_ai,_ O 0t Date Date S-31.,201'_ Finance and Inte nal Services Director Date 81-10 Previous Ordinance or Resolution # 219-11 Original Contract Date: Original Contract Number: Received in Cit95-31-1 2 A09 :24 R C V D Clerk's Office Date Comments: Revised January 15, 20c9 ttv!1e THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Jordan Thru: Ddn Marr, Chief of Staff Jeremy Pate, Development Services Director From: Matt Mihalevich, Trails Coordinator Date: May 30`h, 2012 Subject: Lake Fayetteville Trail Contract PROPOSAL: The City of Fayetteville has been awarded $80,000 in federal -aid funds through the Arkansas State Highway and Transportation Department 2011 Recreational Trails Program for the construction of Lake Fayetteville Trail from the Botanical Gardens to Veterans Memorial Park. This phase of trail will complete the 5.5 mile paved loop around Lake Fayetteville. The trail will be constructed by the City's in-house transportation crew. RECOMMENDATION: Staff requests approval of the attached contract with the Arkansas State Highway and Transportation Department for the implementation of Lake Fayetteville Trail (Job 040613) by the City of Fayetteville through the Arkansas Recreational Trails Program. An Agreement of Understanding was approved on December 20th, 2011 by resolution 219-11 to utilize $80,000 in federal -aid funds for the extension of the Lake Fayetteville Trail between the Botanical Gardens and Veterans Memorial Park. A willingness to apply for this grant was approved on May 18th, 2010 by resolution 81-10. Since the allocation of funds has previously been approved by the City Council, no Council action is needed for this item. This contract simply formalizes the method by which the project will be constructed and sets forth the specifications to be followed during construction by the City crews. BUDGET IMPACT: The terms of this grant require a local sponsor or municipality to provide funding for 20% of the total project cost, or $20,000.00. Upon receipt of an official Notice to Proceed from the Arkansas Highway and Transportation Department, the project will be reimbursable at a rate of 80%, which for this project would be a total reimbursement of $80,000.00. Sufficient funding for the City's portion of this project has been budgeted for 2012 in the Trail Development Project, within the Sales Tax Capital Improvement Fund. ARKANSAS STATE HIGHWAY COMMISSION CONTRACT FOR THE IMPLEMENTATION OF JOB 040613 FEDERAL AID PROJECT NRT —1302(205) Lake Fayetteville Trail City of Fayetteville Washington County Bound herein are the Supplemental Specifications, Special Forms. Applicable to this contract, but not bound herein, are the Commission Standard Specifications for Highway Construction, Provisions, and Contract Arkansas State Highway Edition of 2003. 02-01-08 Page 1 of 1 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SPECIAL PROVISION JOB 040613 STANDARD SPECIFICATIONS APPLICABILITY The following Sections and Subsections of the Standard Specifications for Highway Construction, Edition of 2003, shall apply to this project: Section 101 Definitions and Terms Section 104 Scope of Work Section 105 Control of Work Section 106 Control of Materials Section 107 Legal Regulations and Responsibility to the Public Section 108 Prosecution and Progress Section 109 Measurement and Payment Section 110 Abatement of Water Pollution No other sections of the Standard Specifications shall apply unless specifically referenced elsewhere in this contract through a Supplemental Specification or Special Provision. 02-01-08 Page 1 of 1 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SPECIAL PROVISION JOB 040613 CONTROL OF WORK Section 105 of the Standard Specifications for Highway Construction, Edition of 2003, is hereby amended as follows: The following is added to subsection 105.12, Inspection of Work: The City of Fayetteville (Sponsor) shall serve as the Engineer's representative for inspection of work on this project. A representative of the Sponsor shall be responsible for and provide inspections as required for this work. All work shall be done to the satisfaction of both the representative of the Sponsor and the Engineer. 2-24-12 Page 1 of 1 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SPECIAL PROVISION JOB 040613 NOTICE OF NONDISCRIMINATION The City of Fayetteville (Sponsor) will comply with provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964, FHWA Recreational Trails Program Guidance, and any other Federal, State, and/or local laws, rules.and/or regulations. The Arkansas State Highway and Transportation (Department) complies with 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 EEO/DBE Section Head (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: EEO/DBE_Section_Head@ahtd.ar.gov This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. REVISED STANDARD DOT TITLE VI ASSURANCE OCTOBER 2011 The City of Fayetteville (Sponsor) will comply with provisions of the Revised Standard DOT Title VI Assurance program adopted by the Arkansas State Highway Department (Department) in October 2011. The policy and all appropriate appendices will be provided to the Sonsor by the Department. 02-01-08 Page 1 of 1 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SPECIAL PROVISION JOB 040613 EXTENSION OF CONTRACT TIME Section 108.06 of the Standard Specifications for Highway Construction, Edition of 2003, is hereby amended as follows: The following is added to subsection 108.06: The fixed completion date for this project is December 31, 2013. Costs billed to this project after this date will not be eligible for reimbursement. The Sponsor can request an extension to the fixed completion date by requesting so in writing to the Engineer a minimum of 30 (thirty) days prior to the fixed completion date. 02-01-08 Page 1 of 1 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SPECIAL PROVISION JOB 040613 MEASUREMENT AND PAYMENT General The method of measurement and payment for work under this contract shall be as follows: The Total Federal Share of the cost of work required for the Lake Fayetteville Trail (Project) is a Lump Sum amount. Work on this contract comprises all labor and materials and general requirements, special conditions, and other related items necessary to complete the project as indicated in the Plans and Specifications. All payments to the Sponsor will be based on the Schedule of Prices.