HomeMy WebLinkAbout172-13 RESOLUTIONRESOLUTION NO. 172-13
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN ARKANSAS
STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SAFE
ROUTES TO SCHOOL GRANT IN THE AMOUNT OF $81,248.00 TO BE
UTILIZED FOR CONSTRUCTION OF A PEDESTRIAN BRIDGE ALONG
SALEM ROAD CONNECTING HOLCOMB ELEMENTARY AND HOLT
MIDDLE SCHOOL, 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 authorizes
acceptance of an Arkansas State Highway and Transportation Department Safe Routes to School
grant in the amount of $81,248.00 to be utilized for construction of a pedestrian bridge along
Salem Road connecting Holcomb Elementary and Holt Middle School.
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 6th day of August, 2013.
APPROVED:
ATTEST:
By: Aclva_e� 'if--
SONDRA E. SMITH, City C ter kareasurer
fill
City of Fayetteville, Arkansas v12.0724
Budget Adjustment Form
Budget Year Division: Transportation Services Request Date Adjustment Number
2013 Department: Transportation Services 7/16/2013
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION
The Arkansas Highway Commission approved the City's application for Federal -aid Safe Routes to Schools funding in
the amount of $81,248 for the construction of a bridge on the Clabber Creek Trail near the Salem Rd. There is no
required match for this 100% reimbursable grant.
Prepared By:
Division H d
Date
Vaylor
r
7 7-2-71
Reference:
Bu get Director
Date
Budget & Research
Use Only
�"47+03
Type: A B
C D
E P
Department D' ctor
Date
� a-e.}u�`
7 ^ T%" 7-0
General Ledger Date
F'inanc Director
Date
�3
Posted to General Ledger
_
Chief Staff
bate
Initial
Date
�
fX 19
Checked / Verified
a r
Da a
Initial
Date
TOTAL BUDGET ADJUSTMENT 81,248
81,248
Increase / (Decrease)
Project.Sub
Account Name
Account Number Expense
Revenue
Number
Federal Grants -Capital
4470.0947.4309.00
81,248
02016 1304
Trails
4470.9470.5814.05 81,248
02016 1304
-- 7:EXHIBIT
K:\Trails\Projects\Clabber Creek\Rupple to Holcomb\Salem Bridge - SRTS O40663\Clabber Creek Trail Bridge Budget Adjustment Council.x1s0f 1
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/6/2013
City Council Meeting Date
Agenda Items Only
Leif Olson P Sustainability and Strategic Planning
Submitted By Division Department
$81,248 $ - Trail Development
Cost of this request Category / Project Budget Program Category / Project Name
4470.9470.5814.05 $ - Trail Improvements
Account Number Funds Used to Date Program / Project Category Name
02016.1304 $ - Sales Tax Cap. Imp.
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
II 1 A
/OIw//
f7 ,3 Previous Ordinance or Resolution # 29-13
Date
�f Original Contract Date: Feb. 19, 2013
Original Contract Number:
Date
Tc,,A a . 1�, 7-2.3 . 24 �3
Finance and Internal Services Director Date
Received in City
Clerk's Office
Date ENT Et}
Received in
Mayor's Office
r r
Date
Revised January 15, 2009
r
TavARKANSAS�
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Thru: Don Marr, Chief of Staff Al
Peter Nierengarten, Sustainability and Strategic Planning Director P
Chris Brown, City Engineer Ct�5
Matt Mihalevich, Trails CoordinatorTAW
From: Leif Olson, Associate Planner
Date: Julyl5th, 2013
Subject: Agreement of Understanding — Safe Routes to School Grant
RECOMMENDATION:
Approval of an Agreement of Understanding and authorizing the Mayor to sign additional contracts with the
Arkansas Highway and Transportation Department (AHTD) as necessary to utilize $81,248 in federal -aid funds
through the Arkansas Safe Routes to School Program (SRTS) for the construction of a pedestrian bridge along
the west side of Salem Road that will connect two pieces of existing sidewalk between Holcomb Elementary
and Holt Middle School; and approving a budget adjustment to recognize this revenue. A willingness to apply
for this grant was approved on February 19th of 2013 by resolution 29-13.
PROPOSAL:
The City of Fayetteville was awarded this grant from the Arkansas Highway and Transportation Department in
June of 2013. This grant award will fund the construction of a trail bridge over Clabber Creek at Salem Rd. In
addition, AHTD will pay for all necessary geotechnical, hydrologic and structural engineering for the placement
of this pedestrian bridge estimated at approximately $45,000. The City has committed to constructing a section
of missing sidewalk totaling 317 linear feet along Salem Road approximately 1,000 feet north of this bridge
project. The completion of the SRTS bridge project and the City's sidewalk project will complete the final
missing segments creating a safe pedestrian route between Holcomb Elementary and Holt Middle Schools. In
the future, this pedestrian bridge will be part of the Clabber Creek Trail which will connect many of the
adjacent neighborhoods to these two schools. The completion of the Clabber Creek Trail Phase 11 is anticipated
in 2016
BUDGET IMPACT:
The terms of this grant do not require a project match on the part of the City of Fayetteville. The Agreement of
Understanding obligates the City to complete the work in a two year time frame.
RESOLUTION NO.
A RESOLUTION AUTHORIZING ACCEPTANCE OF AN ARKANSAS
STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SAFE
ROUTES TO SCHOOL GRANT IN THE AMOUNT OF $81,248.00 TO BE
UTILIZED FOR CONSTRUCTION OF A PEDESTRIAN BRIDGE ALONG
SALEM ROAD CONNECTING HOLCOMB ELEMENTARY AND HOLT
MIDDLE SCHOOL, 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 authorizes
acceptance of an Arkansas State Highway and Transportation Department Safe Routes to School
grant in the amount of $81,248.00 to be utilized for construction of a pedestrian bridge along
Salem Road connecting Holcomb Elementary and Holt Middle School.
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 6"' day of August, 2013.
APPROVED:
LIONELD JORDAN, Mayor
ATTEST:
IN
SONDRA E. SMITH, City Clerk/Treasurer
�J�ISERVING : `� �� ARKANSAS ST/Vi , HIGUWAY COMMISSION
I RR�RNSAS 11 �, `'
I.O. ling 2201 1I1-1LF• ROCK, Aranws%s 72203 2261
AIUCXNSA5 S ' TF: �� PHON1:: (501) 569-2000 • Vuu:r:PUTY 711 • Ihx: (501) 569-2400
C,,�i. •r I f N', I I WAY C(111 tit 1 sy l t hN � W W W.A H KA\5191 I IG11 WA15.0011
JOw, En )jEGENOLD I June 13, 2013
C1iu11u,N
�limn�el
101 B1 1;1,,I- 11H. P),. Mr. Peter Nierengarten
l ittI Ru,h Sustainability and Strategic Planning Director
City of Fayetteville
D31:r,Tr,a.uarrl. 125 West Mountain Street
Ro¢er,.
Fayetteville, AR 72701
TH(l:vi 1s B. Soit. f:k
Little Rorl, Dear Mr. Nierengarten:
ri013C•11'1' S. NloollE, J11.
A4;un.s,,.s cih Reference is made to your application for Infrastructure funding
through the Arkansas Safe Routes To School (SRTS) Program.
Sony H. BFif `' P.E.11,r„Congratulations, your project has been selected to receive $81,248 in
n�111 ��t �
iili.il, ,,,U •r1; ,. •1•ia 1,91iiFederal funding for construction of your project.
A project administration workshop will be held at 10:00 a.m. on
July 10, 2013, at the Arkansas State Highway and Transportation
Department's headquarters building. We are located at Exit 130 on
Interstate 30 in southwest Little Rock. The person identified as being in
charge of the project must attend this workshop.
We look forward to working with you to help provide a safer
bicycling and walking environment for Arkansas' school children. If you
should have any questions regarding your project prior to the workshop,
please contact Kimberly Sanders at (501) 569-2020.
Sincerely,
I
Scott E. Bennett
Director of Highways
and Transportation
c: Highway Commission
Deputy Director and Chief Engineer
Assistant to the Director
Assistant Chief Engineer — Planning
Planning and Research
District 4
AGREEMENT OF UNDERSTANDING
FOR AN INFRASTRUCTURE PROJECT
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 040663, Fayetteville SRTS 1 (2012) (hereinafter called the "Project")
as an Arkansas Safe Routes To School (SRTS) Program project.
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users provides 100% Federal -aid funds for certain approved Arkansas SRTS Program
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, 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, it is understood that the Sponsor and the Arkansas State Highway and
Transportation Department (hereinafter called the "Department") will adhere to the General
Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business
Enterprises (DBEs) (Attachment A).
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.
7/15/2013 3:08:04 PM 1
THE SPONSOR WILL:
1. Before acquiring additional property for this project, submit a letter to the Department
which either (1) stipulates the services relative to right-of-way acquisition, appraisal,
relocation, and utilities that the Sponsor will assume or (2) requests that the Department
handle some or all of these services. Acquisition of property must be accomplished in
accordance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). NOTE:
Failure to notify the Department prior to initiating this phase of work may result in
all project expenditures being declared non -participating in federal funds. Please
refer to www.fhwa.dot.gov/realestate/index.htm if you have any questions.
2. If no acquisition is required, provide a copy of the recorded deed or an appropriate
certification stating the Sponsor's clear and unencumbered title to any right-of-way to be
used for the project as shown in Attachment B1. If property has been acquired, see
Attachment B2; if the property is being donated see Attachment B3.
3. Be responsible for all engineering costs associated with any changes to the project if the
Sponsor fails to acquire the right-of-way or secure easements required for the project
under the original scope.
4. After the Department authorizes the Sponsor to advertise the project, advertise for bids in
accordance with Federal procedures as shown in Attachment C.
5. After bids are opened and reviewed, submit a certification letter (Attachment D), including
all items noted, to the Department and request concurrence in award of the contract.
NOTE; Any costs incurred by the Sponsor prior to receiving the Department's
concurrence in award are not eligible for reimbursement.
6. Submit change orders to the contract to the Department for review and approval prior to
execution.
7. The purchase of essential replacement parts during construction is bound by the
following conditions;
1) The extra parts shall only be used in the locations approved under the original
SRTS project.
2) The cost of the extra parts should be kept to a minimum.
8. Make payments to the contractor for work accomplished in accordance with the plans
and specifications and then provide proof of all expenditures to the Department and
request reimbursement.
9. Be responsible for the inspection, measurement, documentation, certification of all work
in accordance with the plans and specifications for the Project and to retain and maintain
for three years after completion all records relating to such inspections, certifications, any
billing statements, and any other files necessary to document the performance and
completion of the work. Such records shall be retained in accordance with the
7/15/2013 3:08:04 PM 2
requirements of 49 CFR, Subtitle A, Part 18, Subpart C, Section 18.42 - Retention and
access requirements for records. See Attachment E. The Contractor and
subcontractor(s) shall be monitored for compliance with the provisions of FHWA-1273,
Required Contract Provisions, Federal -aid Construction Contracts, and Supplements.
10: Be responsible for satisfactory maintenance (including reasonable snow removal efforts
from sidewalks and other pedestrian facilities) and for the repair or replacement of any
damaged infrastructure. Also be responsible for the proper operation of all improvements
and for adopting regulations, ordinances and procedures as necessary to ensure this.
Failure to adequately maintain, replace 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 future Federal -aid.
11. 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.
12. 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 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.
13. Promptly notify the Department if the project is rendered unfit for continued use by natural
disaster or other cause.
14. Be responsible for 100% of all project costs incurred, including but not limited to design
costs, should the project not be completed as specified.
15. Be responsible for 100% of any and all expenditures which are declared non -participating
in federal funds, including awards by the State Claims Commission.
16 Construction projects must be advertised for bid within two years of the date of the kickoff
meeting or funding will be subject to revocation. If the project is cancelled, the Sponsor
will be required to repay to the Department any funds expended for engineering services.
17. Repay to the Department all Federal funds if the Federal Highway Administration
removes Federal participation due to actions of the Sponsor, its agents, its employees, or
its assigns, or the Sponsor's consultants or their agents. Such actions shall include, but
are not limited to, Federal non -participation arising from problems with design plans,
construction, change orders, construction inspection, or contractor payment procedures.
The Sponsor understands and agrees that the Department may cause necessary funds
to be transferred by the Director of the Department of Finance and Administration from
any of the Sponsor's funds should the Sponsor fail to pay the Department any required
funds, fail to complete the project as specified, or fail to adequately maintain or operate
the project.
7/15/2013 3:08:04 PM 3
18. Conduct surveys of affected students to determine modes of school transportation and
potential barriers to walking and bicycling. The survey devices will include a one -week
classroom oriented session run by school faculty and a take-home survey to be
completed with a child's parent. Completed surveys will be turned into the Department
for tabulation. Both surveys will be provided by the Department. Final project
reimbursement could be withheld if surveys are not completed.
19. "The City of Fayetteville does not waive its sovereign statutory immunity, but
acknowledges that the City has full legal responsibility for the proper design, construction,
maintenance and operation of the project. The City acknowledges that the Highway
Department and Highway Commission have no duty or responsibility to users of this City
project, and therefore can have no liability related to the design, construction,
maintenance or operation of this City project. If the Arkansas Claims Commission ever
grants a claim against the Highway Department or Highway Commission for any injury or
damage to a person using the project the City of Fayetteville agrees to pay this claim for
the Highway Department or Highway Commission."
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 Title VI of the Civil
Rights Act of 1964, the Age Discrimination in Employment Act of 1967, Section 504 of the
Rehabilitation Act of 1973, 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. Comply and cooperate with any monitoring procedures/processes deemed appropriate
by the Department. In the event the Department determines that a limited scope audit of
the Sponsor is appropriate, the Sponsor agrees to comply with any additional instructions
provided by the Department to the Sponsor regarding such audit.
22. Complete and submit a Federal Funding Accountability and Transparency Act (FFATA)
sub -award report for all awards $25,000 or greater (Attachment F).
7/15/2013 3:08:04 PM 4
THE DEPARTMENT WILL:
Be responsible for administering Federal -aid funds.
2. Provide environmental documentation for the project.
3. Provide plans and specifications and bidding documentation for the project.
4. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide
the appropriate documentation to the file.
5. Authorize the Sponsor to proceed with advertisement of the project for construction bids.
6. Review bid tabulations and concur in award of the construction contract for the project.
7. Review and approve any necessary change orders for project/program eligibility.
8. Visually verify (insofar as is reasonably possible) that the work meets contract
requirements before reimbursement is made to the Sponsor.
9. Reimburse the Sponsor for all eligible construction costs.
10. Provide Sponsors with school transportation surveys to be conducted by the Sponsor and
tabulate results of the surveys.
IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and
assigned duties as related in this Agreement, such failure will 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.
7/15/2013 3:08:04 PM 5
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION
DEPARTMENT
Scott E. Bennett
Director of Highways and Transportation
City of Fayetteville
ignature
L-LDYNe,U So4an
Printed Name
--n4w-
Title
8-8-i3
Date
NOTICE OF NONDISCRIMINATION
The Arkansas State Highway and Transportation Department (Department) complies with all civil rights provisions of
federal statutes and related authorities that prohibit 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 the 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 Joanna P. Nelson Section Head -
EEO/DBE (ADA/504/Titte VI Coordinator), P. O. Box 2261, little Rock, AR 72203, (501) 569-2298, (Voicerm 711),
or the following email address:
joanna.nelson@arkansashighways.com.
This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
7/15/2013 3:08:04 PM 6
City of Fayetteville 2013
afe Routes to School Grant Application Location
.........
fi
SRTS Sidewalk GrahtApplimt
J
7�
"7.
7
X"
on
Future Clabber Creek Trail Extension 2016
JIM.
711
T—:
+
hLi
Holt Middle S.choof
1* a
1,000 500 0 1,000 Feet
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E
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g
LL
RESOLUTION NO.29-13
A RESOLUTION TO APPROVE AND SUPPORT A GRANT APPLICATION
TO THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT IN THE AMOUNT OF $81,248.00 FOR PARTIAL FUNDING
FOR THE CLABBER CREEK TRAIL BRIDGE ALONG SALEM ROAD AS
PART OF THE SAFE ROUTES TO SCHOOLS PROGRAM
WHEREAS, the City Council of the City of Fayetteville, Arkansas strongly supports the
Safe Routes to Schools Program and requests that the Arkansas State Highway and
Transportation Department approve grant funding in the amount of $81,248.00 to construct a
portion of the Clabber Creek Trail Bridge along Salem Road to connect neighborhoods in the
area of Holcomb Elementary School and Holt Middle School,
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 hereby authorizes
the Mayor to execute all appropriate agreements and contracts necessary to expedite the
construction of the above -stated project.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves
and supports the Sustainability and Strategic Planning Department's application to the Arkansas
State Highway and Transportation Department for a grant in the amount of $81,248.00 through
the Safe Routes to School Program to fund a portion of the construction costs of the Clabber
Creek Trail bridge along Salem Road to provide safe pedestrian access from adjacent
neighborhoods to Holcomb Elementary School and Holt Middle School.
PASSED and APPROVED this 19'h day of February, 2013.
le\»Yelum-03
By:
ATTEST:
By: 401
SONDRA E. SMITH, City Clerk/Treasurer
� Ki7 �
FAYFf-lrVli.it:X==
. r•
AGREEMENT OF UNDERSTANDING
FOR AN INFRASTRUCTURE PROJECT
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 040663, Fayetteville SRTS 1 (2012) (hereinafter called the "Project")
as an Arkansas Safe Routes To School (SRTS) Program project.
WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users provides 100% Federal -aid funds for certain approved Arkansas SRTS Program
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, 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, it is understood that the Sponsor and the Arkansas State Highway and
Transportation Department (hereinafter called the "Department") will adhere to the General
Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business
Enterprises (DBEs) (Attachment A).
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.
7/15/2013 3:08:04 PM
THE SPONSOR WILL:
1. Before acquiring additional property for this project, submit a letter to the Department
which either (1) stipulates the services relative to right-of-way acquisition, appraisal,
relocation, and utilities that the Sponsor will assume or (2) requests that the Department
handle some or all of these services. Acquisition of property must be accomplished in
accordance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). NOTE:
Failure to notify the Department prior to initiating this phase of work may result in
all project expenditures being declared non -participating in federal funds. Please
refer to www.fhwa.dot.gov/realestate/index.htm if you have any questions.
2. If no acquisition is required, provide a copy of the recorded deed or an appropriate
certification stating the Sponsor's clear and unencumbered title to any right-of-way to be
used for the project as shown in Attachment B1. If property has been acquired, see
Attachment 132; if the property is being donated see Attachment B3.
3. Be responsible for all engineering costs associated with any changes to the project if the
Sponsor fails to acquire the right-of-way or secure easements required for the project
under the original scope.
4. After the Department authorizes the Sponsor to advertise the project, advertise for bids in
accordance with Federal procedures as shown in Attachment C.
5. After bids are opened and reviewed, submit a certification letter (Attachment D), including
all items noted, to the Department and request concurrence in award of the contract.
NOTE; Any costs incurred by the Sponsor prior to receiving the Department's
concurrence in award are not eligible for reimbursement.
6. Submit change orders to the contract to the Department for review and approval prior to
execution.
7. The purchase of essential replacement parts during construction is bound by the
following conditions;
1) The extra parts shall only be used in the locations approved under the original
SRTS project.
2) The cost of the extra parts should be kept to a minimum.
8. Make payments to the contractor for work accomplished in accordance with the plans
and specifications and then provide proof of all expenditures to the Department and
request reimbursement.
9. Be responsible for the inspection, measurement, documentation, certification of all work
in accordance with the plans and specifications for the Project and to retain and maintain
for three years after completion all records relating to such inspections, certifications, any
billing statements, and any other files necessary to document the performance and
completion of the work. Such records shall be retained in accordance with the
7/15/2013 3:08:04 PM 2
requirements of 49 CFR, Subtitle A, Part 18, Subpart C, Section 18.42 - Retention and
access requirements for records. See Attachment E. The Contractor and
subcontractor(s) shall be monitored for compliance with the provisions of FHWA-1273,
Required Contract Provisions, Federal -aid Construction Contracts, and Supplements.
10: Be responsible for satisfactory maintenance (including reasonable snow removal efforts
from sidewalks and other pedestrian facilities) and for the repair or replacement of any
damaged infrastructure. Also be responsible for the proper operation of all improvements
and for adopting regulations, ordinances and procedures as necessary to ensure this.
Failure to adequately maintain, replace 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 future Federal -aid.
11. 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.
12. 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 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.
13. Promptly notify the Department if the project is rendered unfit for continued use by natural
disaster or other cause.
14. Be responsible for 100% of all project costs incurred, including but not limited to design
costs, should the project not be completed as specified.
15. Be responsible for 100% of any and all expenditures which are declared non -participating
in federal funds, including awards by the State Claims Commission.
16 Construction projects must be advertised for bid within two years of the date of the kickoff
meeting or funding will be subject to revocation. If the project is cancelled, the Sponsor
will be required to repay to the Department any funds expended for engineering services.
17. Repay to the Department all Federal funds if the Federal Highway Administration
removes Federal participation due to actions of the Sponsor, its agents, its employees, or
its assigns, or the Sponsor's consultants or their agents. Such actions shall include, but
are not limited to, Federal non -participation arising from problems with design plans,
construction, change orders, construction inspection, or contractor payment procedures.
The Sponsor understands and agrees that the Department may cause necessary funds
to be transferred by the Director of the Department of Finance and Administration from
any of the Sponsor's funds should the Sponsor fail to pay the Department any required
funds, fail to complete the project as specified, or fail to adequately maintain or operate
the project.
7/15/2013 3:08:04 PM 3
18. Conduct surveys of affected students to determine modes of school transportation and
potential barriers to walking and bicycling. The survey devices will include a one -week
classroom oriented session run by school faculty and a take-home survey to be
completed with a child's parent. Completed surveys will be turned into the Department
for tabulation. Both surveys will be provided by the Department. Final project
reimbursement could be withheld if surveys are not completed.
19. "The City of Fayetteville does not waive its sovereign statutory immunity, but
acknowledges that the City has full legal responsibility for the proper design, construction,
maintenance and operation of the project. The City acknowledges that the Highway
Department and Highway Commission have no duty or responsibility to users of this City
project, and therefore can have no liability related to the design, construction,
maintenance or operation of this City project. If the Arkansas Claims Commission ever
grants a claim against the Highway Department or Highway Commission for any injury or
damage to a person using the project the City of Fayetteville agrees to pay this claim for
the Highway Department or Highway Commission."
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 Title VI of the Civil
Rights Act of 1964, the Age Discrimination in Employment Act of 1967, Section 504 of the
Rehabilitation Act of 1973, 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. Comply and cooperate with any monitoring procedures/processes deemed appropriate
by the Department. In the event the Department determines that a limited scope audit of
the Sponsor is appropriate, the Sponsor agrees to comply with any additional instructions
provided by the Department to the Sponsor regarding such audit.
22. Complete and submit a Federal Funding Accountability and Transparency Act (FFATA)
sub -award report for all awards $25,000 or greater (Attachment F).
7/15/2013 3:08:04 PM 4
THE DEPARTMENT WILL:
Be responsible for administering Federal -aid funds.
2. Provide environmental documentation for the project.
3. Provide plans and specifications and bidding documentation for the project.
4. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide
the appropriate documentation to the file.
5. Authorize the Sponsor to proceed with advertisement of the project for construction bids.
6. Review bid tabulations and concur in award of the construction contract for the project.
7. Review and approve any necessary change orders for project/program eligibility.
8. Visually verify (insofar as is reasonably possible) that the work meets contract
requirements before reimbursement is made to the Sponsor.
9. Reimburse the Sponsor for all eligible construction costs.
10. Provide Sponsors with school transportation surveys to be conducted by the Sponsor and
tabulate results of the surveys.
IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and
assigned duties as related in this Agreement, such failure will 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.
W15/2013 3:08:04 PM 5
ARKANSAS STATE HIGHWAY
AND TRANSPORTATION
DEPARTMENT
Scott E. Bennett
Direc r of Highways and Transportation
t,
City of Fayetteville
ignature
L-L00e,U IJAn
Printed Name
Mai or
Title
Date
NOTICE OF NONDISCRIMINA T ION
The Arkansas State Highway and Transportation Department (Department) complies with all civil rights provisions of
federal statutes and related authorities that prohibit 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 the 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 Joanna P. Nelson 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:
joanna.nelson@arkansashighways.com.
This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
7/15/2013 3:08:04 PM {�
CAS CrecV_ `-V-rw 1 �tv n ckje
Matt Mihalevich
City of Fayetteville Staff Review Form
2017-0016
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/12/2017 Engineering /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff requests City Attorney and Mayor's signature on attachment G to AHTD in concurrence in award of Bid 16-67
for the Clabber Creek Trail Bridge. This is a Safe Routes to School funded project administered through AHTD and
accepted by resolution 172-13
Account Number
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? NA
Previous Ordinance or Resolution # 172-13
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20140710
Approval Date: ( - ao - 1 i
CITY OF
TayoVv
le
AS
TO: Kit Williams, City Attorney
FROM: Chris Brown, City Engineer
STAFF MEMO
DATE: January 12th, 2017
SUBJECT: Safe Routes to Schools Grant 040663 — Clabber Creek Trail Bridge
Certification Letter
This is to confirm that the Clabber Creek Trail Bridge Project 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.
Sweetser Construction Inc. 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
cc: Matt Mihalevich, Trails Coordinator
Andrea Foren, Purchasing Mgr.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
TI
R
1C
ARKANSAS Attachment
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
Janus 92 ,2017
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #040663
Fayetteville SRTS 1 (2012)
Clabber Creek Trail Bridge
Washington County
Dear Mr. Banks:
Bid tabulations are submitted for Job #040663 Clabber Creek Trail Bridge.
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 Sweetser Construction, Inc is
requested.
Sincerely,
Sponsor's CEO
Sponsor's Attorney
Enclosures:
Bid Tabulation
Mailing Address: TRAIL COORDINATION
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF FAYETTEVILLE, ARKANSAS
CITY
OF
Tay"
Bid 16-67 Construction
- Clabber
Creek Trail Bridge
V F)jI e
OFFICIAL
BID
TABULATION
Certification of Funds: $140,000.00
AR A 5
Max Bid Award Limit: $175,000.00
BID OPENING: 01/05/2017;
2:00 PM
Boulder Construction, Inc.
Crossland heavy Contractors, Inc.
SweetserConstruction, Inc.
ITEM
ESTIMATED
UNIT
UNIT
UNIT
NO,
DESCRIPTION
UNIT
QUANTITY
PRICE
AMOUNT
PRICE
AMOUNT
PRICE
AMOUNT
1
Clearin and Grubbin Trees
LS
1
$ 7,900.00
$ 7,900.00
$
2,500.00
$ 2,500.00
S
2,400.00
S 2,400.00
2
Removal and Disposal of Concrete
SY
15
$ 58.33
$ 874.95
$
12.00
$ 180.00
$
20.00
$ 300.00
Walks
3
Unclassified Excavation
CY
321
$ 9.74
$ 3.126.54
S
19.00
$ 6,099.00
$
24.00
$ 7,704.00
4
Approach Slab (Type Special)
CY
6
5 782,23
S 4.974.98
S
750.00
$ 4,770.00
$
850.00
$ 5,406.00
5
Mobilization (Not to exceed 5% of
LS
1
$ 10,000.00
$ 10,000.00
$
9,000.00
$ 9,000.00
$
4,500.00
$ 4,500.00
total
16
Maintenance ofTraffice
LS
1
S 5,625.00
$ 5.625.00
$
3,500.00
$ 3,500.00
$
4,900.00
$ 4,900,00
7
SI ns
SF
48
$ 55.52
$ 2,664.96
S
30.00
$ 1,440.00
$
14.00
$ 672.00
8
Traffic Drums
EA
12
$ 195.83
S 2,349.96
$
65.00
$ 780.00
S
60.00
$ 720.00
9
Silt Fence
LF
159
$ 15.28
$ 2,429.52
$
3.00
$ 477.00
$
7.00
$ 1,113.00
10
Concrete Walks
SY
37
$ 58.11
$ 2,150.07
$
82.00
$ 3,034.00
$
45.00
$ 1,665.00
11
Bridge Construction Control
LS
1
$ 7,025.00
$ 7,025.00
$
5,800.00
$ 5,800.00
$
2,200.00
$ 2,200.00
12
Unclassified Excavation for
CY
45
$ 218.89
$ 91850.05
$
260.00
$ 11,700.00
$
32.00
$ 1,440.00
Structures- Bridge
13
ClassSConcrete - Bride
CY
21
S 2,530.92
S 52,390.04
S
1,150.00
$ 23,805.00
$
1,200.00
$ 24,840.00
14
Reinforcing Steel - Roadway (Grade
LB
472
$ 8.14
$ 3,942.09
$
2.50
$ 1,180.00
$
6.00
$ 2,832.00
60)
'15
Reinforcing Steel - Bridge ( Grade 60)
LB
2,070
$ 4.07
$ 8,424.90
$
2.60
$ 5,382.00
$
6.00
$ 12,420.00
116
Silicone Joint Sealant
LF
24
$ 54.79
5 1,314.96
$
60.00
S 1,440.00
S
15.00
$ 360.00
17
Modification of Existing Bridge
LS
1
$ 9,520.00
$ 9,520.00
$
2,500.00
$ 2,500.00
$
4,500.00
$ 4,500.00
Structure
18
SO'Steel Bridge Truss
EA
1
$ 52,300.00
$ 52,300.00
$
66,500.00
5 66,500.00
$
54,950.00
S 54,950.00
19
Metal Handrail 1LF
12
$ 185.33
$ 2.M.96
S
275.00
$ 3,300.00
$
125.00
1,500.00
20
1
EA
8
$ 3,125.00
S 25,000.00
$
3,800.00
$ 30,400.00
$
2,750.00
$ 22,000.00
21
Insurance andBondin
LS
1
$ 6,403.00
S 6,403.00
$
3,000.00
H $ 3,000.00
$
2,000.00
$ 2,000.00
TOTAL BASE BID
$
220,389.98
$
186,787.00
$
158,422.00
'Highlighting Notes Corrected Calculation Error
CERTIFIED:
f
1 i /
ndrea len fie, CPPA, CPPS, Purchasing Manager
Witness
Date
OFFICE OF THE MAYOR
LIONELD JORDAN
January 17, 2017
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas State Highway and Transportation Department
P. O. Box 2261
Little Rock, AR 72203
Re: Job #040663
Fayetteville SRTS 1(2012)
Clabber Creek Trail RrU e
Washington County
Dear Mr. Banks:
Bid tabulations are submitted for Job #040663 Clabber Creek Trail Bridge.
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 Sweetser Construction, Inc is requested.
City �Ittar -s-�-
Kit Williams
Enclosures
CITY OF FAYETTEVILLE 1 113 W. MOUNTAIN STREET I FAYETTEVILLE, AR 72701 1479.575.8330 1 WWW.FAYETTEVILLE-AR.GOV