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HomeMy WebLinkAbout32-14 RESOLUTIONRESOLUTION NO.32-14 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE DESIGN OF RESTROOMS AND EXPANDED PARKING AT GORDON LONG PARK, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $22,314.00 WHEREAS, the City of Fayetteville understands that Federal Aid Transportation Alternatives Program (TAP) funds are available for certain city projects at the following Federal and City participating ratios: Construction of City Projects City projects programmed but not let to contract and Work Phase Federal % Ci_ ty_ % Preliminary Engineering 0% 100% Right -of -Way 80% 20% Utilities 80% 20% Construction 80% 20% Construction Engineering 0% 100% All Phases 0% 100% WHEREAS, the Northwest Arkansas Regional Planning Commission has approved the initial funding of improvements to the Gordon Long Park Trailhead in the amount of $22,314.00, which requires the City to provide matching funds in the amount of $5,578.50; and WHEREAS, the total project estimate is $262,500.00 and additional funding will be requested from future years of TAP finding. 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 expresses its willingness to participate in accordance with its designated responsibilities in this 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 Highway and Transportation Department to expedite the construction of the above -stated improvements. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes Arkansas Highway and Transportation Department to initiate action to implement this project. Page 2 Resolution No. 32-14 Section 4: That the City Council of the City of Fayetteville, Arkansas approves a budget adjustment, attached hereto as Exhibit A, recognizing $22,314.00 in federal revenue. PASSED and APPROVED this 5t' day of February 2014. APPROVED: LIM ATTEST: By: 4VWLr'�" e-. JM SONDRA E. SMITH, City Clerk/Treasurer ,`ettei4rrr►ri�� .�•�� •• UTY '• City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Division: Transportation Services I Request Date BY 2014 1 Department:Transportation Services 2/4/2014 V13.1030 Legistar Adjustment Number BUDGET ADJUSTMENT DESCRIPTION ! JUSTIFICATION The Northwest Arkansas Regional Planning Commission approved the City's application for Federal -aid Transportation Alternatives Program (TAP) funding in the amount of $22,314 for the Gordon Long Park Trailhead. This is an 80/20 matching reimbursement grant. Matt Mihalevich Prepared By Division Head CITYlkspringer 1/17/2014 11.31 AM Budget Director Legistar# / Date: 2014-0020 / 2/4/2014 Legistar Title TAP AWARD GORDON PARK Budget & Information Management Use Only Type. A B C D E P General Ledger Date Posted to General Ledger Initial Date Checked / Verified. Initial Date TOTAL BUDGET ADJUSTMENT 22;314 22,314 Increase / (Decrease) Project.Sub Account Name Account Number Expense Revenue Number Trails 4470,9470.5814.05: 27,670 02016 . • 1401 Trails 4470.9470.5814.05 (5,356) 02016 . 1 Federal Grants -Capital 4470.0947.4309.00 22,314 02016 1401 -EXHIBIT HABudgetlSudgetAdjustments12014_BudgetlLEGISTAR12014 N041BA_2014-0020_TAP GORDON_LONG.xlsb 1 Of 1 Matt Mihalevich Submitted By City of Fayetteville Item Review Form 2014-0020 Legistar File Number February 4, 2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department Staff recommends approval of the attached resolution to utilize Federal -Aid funds for the design of restrooms and expanded parking at Gordon Long Park at a participating ratio of 80% Federal - 20% City and authorizing for the Mayor to sign all appropriate agreements and contracts and approval of a budget adjustment to recognize the revenue. Does this item have a cost? Yes $27,670.00 Cost of this request 4470.9470.5814.05 $0.00 Gordon Long Park Trailhead Category or Project Budget $0.00 Account Number Funds Used to Date 02016.1401-$27,670.00 Program or Project Name Trail Development Program or Project Category Sales Tax Capital Imp Project Number Remaining Balance Fund Name Budgeted Item? No Budget Adjustment Attached? YeS V20130812 TER 0 Previous Ordinance or Resolution # �s � RCVD Original Contract Number: Imo[ \ n A Comments: Jwhr .01, Wit/ Z•. a e PW1 e ARKA1 AS'� CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Matt Mihalevich, Trails Coordinator Date: January 161h, 2014 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of February 4, 2014 Subject: A Resolution expressing the willingness of the City of Fayetteville to utilize Federal -aid funds for the design of restrooms and expanded parking at Gordon Long Park. RECOMMENDATION: Staff recommends approval of the attached resolution to utilize Federal -Aid funds for the design of restrooms and expanded parking at Gordon Long Park at a participating ratio of 80% Federal - 20% City and authorizing for the Mayor to sign all appropriate agreements and contracts and approval of a budget adjustment to recognize the revenue. PROPOSAL: Federal Aid — Transportation Alternatives Program (TAP) funds are now available to Northwest Arkansas after the Census Bureau determined the urbanized population to be over 200,000 and the FHWA designated Northwest Arkansas as. a Transportation Management Area (TMA). In becoming a TMA, the Northwest Arkansas Regional Planning Commission, of which Fayetteville is a member, will have TAP discretionary funding available at approximately $450,000 per year. An application for federal funding through the TAP program for the Gordon Long Park Trailhead was submitted to and approved by the Northwest Arkansas Regional Planning Commission. On December 17, the NWARPC approved funding of the project for $22,314 (80%) from the Transportation Alternatives Program (TAP), but the City must provide a 20% match of $5,578.50 (20%). The total project estimate is $262,500 so additional funding will be requested from future years of TAP funding. This initial funding will allow the project approval process to begin including environmental clearance and right of way acquisition with the goal of having the project construction ready for future TAP funding. BUDGET IMPACT: This project will be based on an Agreement of Understanding with AHTD in which Federal -aid money will pay 80% of the project amount and the City will pay 20%. Based on the total estimate of $262,500, the Federal -aid portion will ultimately be $210,000 and the City's portion $52,437.20. (These numbers are subject to change as THE CITY OF FAYETTEALLE, ARKANSA the project is developed and more detailed estimates are provided.) This initial federal funding award of $22,314 with 20% city match of $5,355.36 will enable the federal project approval process begin with the goal of having a construction ready project to request additional federal funding. The federal portion will be paid from the Transportation Alternatives Program (TAP) funds. City funds will be from the Trail Development Capital Improvement Program. RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE DESIGN OF RESTROOMS AND EXPANDED PARKING AT GORDON LONG PARK, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $22,314.00 WHEREAS, the City of Fayetteville understands that Federal Aid Transportation Alternatives Program (TAP) funds are available for certain city projects at the following Federal and City participating ratios: Construction of City Projects City projects programmed but not let to contract and Work Phase Federal % City % Preliminary Engineering 0% 100% Right -of -Way 80% 20% Utilities 80% 20% Construction 80% 20% Construction Engineering 0% 100% All Phases 0% 100% WHEREAS, the Northwest Arkansas Regional Planning Commission has approved the initial funding of improvements to the Gordon Long Park Trailhead in the amount of $22,314.00, which requires the City to provide matching funds in the amount of $5,578.50; and WHEREAS, the total project estimate is $262,500.00 and additional funding will be requested from future years of TAP funding. 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 expresses its willingness to participate in accordance with its designated responsibilities in this 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 Highway and Transportation Department to expedite the construction of the above -stated improvements. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes Arkansas Highway and Transportation Department to initiate action to implement this project. Section 4: That the City Council of the City of Fayetteville, Arkansas approves a budget adjustment, attached hereto as Exhibit A, recognizing $22,314.00 in federal revenue. PASSED and APPROVED this 41 day of February 2014. APPROVED: LOU ATTEST: iA LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Romtec Restroom With Flood Venis 0 (�LIR Appleby Apartment Building JV Fan Ex6t! Parking Lot Apple! Apartments s emai v Twoto Rn .Trees to Remain,-. Square Feet Proposed Easement Et PwieJng (2(j) P or 4,687 B riches Z DrinkingFountain V CLoj-ed Coricle /to Bike Rac I Z - - - - - - - - --- Go/rdon Long Park I L OeFVICe 0 H City ci Fayetteville Engineering Diwsiw 113 W. Mozintain jI Fayetteville, AR 72701 5 479-575-87TJ6 Gordon Long Park Trailhead 1,5 3c) ,gust 2013 ARKANSAS xF,cioN. PLAWN COMdffSGSION December 17, 2013 Mayor Lioneld Jordan City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 RECEIVED DEC 2 0 Z913 1TY OF MAYOR'S OFFICE �� 1311 CLAYTONST. SPRINGDALE, ARKANSAS 72762 (479) 751-7125 FAX (479) 751-7150 Re: Gordon Long Park Trallhead - Construction (Restroom and Additional Parking) - FY 2014 Transportation Alternatives Program (TAP) Dear Mayor Jordan: Reference is made to your request for federal FY 2014 Transportation Alternatives Program (TAP) funds for the Gordon Long Park Trailhead Construction Project. I am pleased to inform you the Gordon Long Park Trailhead Project was selected by the RPC/Policy Committee on October 23, 2013 subject to being programmed in the FY 2013-2016 Transportation Improvement Program. Please find below the total project cost and TAP funds awarded: TAP $22,314 City $Z0,18R Total $262,500 The TAP funding is subject to an obligation limitation and the total available funds may change after final FFY2014 funding is published. These funds are required to be obligated by the end of the Federal Fiscal Year which ends on September 30, 2014. All required AHTD submittals and required approvals for this project should be completed by August 15, 2014 in order to allow sufficient time to obligate the TAP funds for this project. PLANNING -MANAGEMENT- IMPLEMENTATION a continuing process Please note that TAP projects "...must comply with applicable provisions in Title 23, such as project agreements, authorization to proceed prior to incurring costs, prevailing wage rates (Davis -Bacon), competitive bidding, and other contracting requirements, regardless of whether the projects are located within the right-of-way of a federal -aid highway." Please let us know if you have any questions or need additional information regarding this program. Sincerely, .I Hawkins 4 Director Cc: Mr. Paul Simms, AHTD Matt Mihalevich Submitted By City of Fayetteville Item Review Form 2014-0132 Legistar File Number NIA City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department Staff requests the City Attorney and Mayor approval on two original versions of the attached Agreement of Understanding with the Arkansas Highway and Transportation Department (AHTD) to utilize Federal -Aid funds for the design of restrooms and expanded parking at the Gordon Long Park Trailhead. Does this item have a cost? No Cost of this request Account Number Project Number Budgeted Item? Yes Category or Project Budget Funds Used to Date $0.00 Remaining Balance Budget Adjustment Attached? NO Previous Ordinance or Resolution # 32-14 Original Contract Number: Program or Project Name Program or Project Category Fund Name V20130812 CITY OF Tay�UVPV, eAS TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Matt Mihalevich, Trails Coordinator DATE: March 13t', 2014 SUBJECT: Gordon Long Park Trailhead — Agreement of Understanding STAFF MEMO RECOMMENDATION: Staff requests the City Attorney and Mayor approval on two original versions of the attached Agreement of Understanding with the Arkansas Highway and Transportation Department (AHTD) to utilize Federal -Aid funds for the design of restrooms and expanded parking at the Gordon Long Park Trailhead. BACKGROUND: An application for federal funding through the TAP program for the Gordon Long Park Trailhead was submitted to and approved by the Northwest Arkansas Regional Planning Commission. On December 17, the NWARPC approved funding of the project for $22,314 (80%) from the Transportation Alternatives Program (TAP), but the City must provide a 20% match of $5,578.50 (20%). The total project estimate is $262,500 so additional funding will be requested from future years of TAP funding. This initial funding will allow the project approval process to begin including environmental clearance and right of way acquisition with the goal of having the project construction ready for future TAP funding. On February, 5t'the City Council approved Resolution No. 32-14 expressing the willingness of The City of Fayetteville to Utilize the Federal -Aid Funds and authorizing the Mayor and City Clerk to execute all appropriate agreements with the Arkansas Highway and Transportation Department. DISCUSSION: The original version of the Agreement of Understanding prepared by the Arkansas Highway and Transportation Department included indemnification language under item number 20. As directed by the City Attorney, the language been removed and replaced with language that is acceptable to the City Attorney. BUDGET/STAFF IMPACT: This project will be based on an Agreement of Understanding with AHTD in which Federal -aid money will pay 80% of the project amount and the City will pay 20%. Based on the total estimate of $262,500, the Federal -aid portion will ultimately be $210,000 and the City's portion $52,437.20. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov (These numbers are subject to change as the project is developed and more detailed estimates are provided.) This initial federal funding award of $22,314 with 20% city match of $5,355.36 will enable the federal project approval process begin with the goal of having a construction ready project to request additional federal funding. The federal portion will be paid from the Transportation Alternatives Program (TAP) funds. City funds will be from the Trail Development Capital Improvement Program. Attachments: Agreement of Understanding between the City of Fayetteville and the Arkansas State Highway and Transportation Department 2 RESOLUTION NO.32-14 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE DESIGN OF RESTROOMS AND EXPANDED PARKING AT GORDON LONG PARK, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $22,314.00 WHEREAS, the City of Fayetteville understands that Federal Aid Transportation Alternatives Program (TAP) funds are available for certain city projects at the following Federal and City participating ratios: Work Phase Federal % City % Construction of City Projects Preliminary Engineering 0% 100% Right -of -Way 80% 20% Utilities 80% 20% Construction 80% 20% Construction Engineering 0% 100% City projects programmed but not let to contract All Phases 0% 100% and WHEREAS, the Northwest Arkansas Regional Planning Commission has approved the initial funding of improvements to the Gordon Long Park Trailhead in the amount of $22,314.00, which requires the City to provide matching funds in the amount of $5,578.50; and WHEREAS, the total project estimate is $262,500.00 and additional funding will be requested from future years of TAP funding. 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 expresses its willingness to participate in accordance with its designated responsibilities in this 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 Highway and Transportation Department to expedite the construction of the above -stated improvements. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes Arkansas Highway and Transportation Department to initiate action to implement this project. Page 2 Resolution No. 32-14 Section 4: That the City Council of the City of Fayetteville, Arkansas approves a budget adjustment, attached hereto as Exhibit A, recognizing $22,314.00 in federal revenue. PASSED and APPROVED this 51 day of February 2014. APPROVED: La-m ATTEST: By: je+t/^'t" SONDRA E. SMITH, City Clerk/Treasurer ��•'CtTY FS. y''% • FAYE .�- _� . ;Uc 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 Construction of the Gordon Long Park Trailhead in Fayetteville (hereinafter called the "Project") as a Federal -aid project. WHEREAS, funding in the Moving Ahead for Progress in the 21" Century Act (MAP-21) includes 80% Federal -aid funds to be matched with 20% non-federal funds for approved Transportation Alternatives Program (TAP) 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 cash 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 the amount of Federal -aid approved for the Project: Maximum Minimum 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, it is understood that 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 areas of expertise. 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. -1- 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: 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. Ensure 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 C for items to be included in the bid proposal). Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in conformance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non -participating in federal funds. 6. Acquire property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). 7. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor's clear and unencumbered title to any right-of-way to be used for the Project (See Attachment D). Submit a certification letter (Attachment E), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. -2- 9. 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. 10. Forward a copy of all addenda to the Project during the advertisement to the Department. 11. After bids are opened and reviewed, submit a certification (Attachment G), including all items noted, to the Department and request concurrence in award of the contract. 12. 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. 13. Perform construction inspection in accordance with Attachment H. 14. 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 (CCRR) form (Attachment 1). 15. Attach LPA Report of Daily Work Performed (Attachment J) for all days that correspond with each CCRR submittal. 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. Maintain accounting records to adequately support reimbursement with Federal -aid funds and be responsible for the inspection, measurement and documentation of 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. 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. 20. The Sponsor does not waive its sovereign statutory immunity, but acknowledges that it has full legal responsibility for the proper design, construction, maintenance and operation of the Project. The Sponsor acknowledges that the Department has no duty or responsibility to users of this City trailhead, and therefore can have no liability related to the design, construction, maintenance or operation of this City trailhead. If the Arkansas Claims Commission ever grants a claim against the Department for any injury or damage to a person using the trailhead during the duration of the Project, the Sponsor agrees to pay this claim for the Department. - 3 - 21. 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. 22. 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). 23. 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. 24. Be responsible for its portion of the total project cost and 1% of the contract amount for Department administration. 25. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 26. Be responsible for 100% of any and all expenditures which are declared non -participating in federal funds, including awards by the State Claims Commission. 27. 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. 28. Repay all federal funds if this is determined necessary for any reason. 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 project due to the Project's obsolescence. 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. -4- 31. 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. 32. Promptly notify the Department if the Project is rendered unfit for continued use by natural disaster or other cause. 33. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment M). THE DEPARTMENT WILL: I. Maintain an administrative file for the Project and be responsible for administering Federal -aid funds. 2. Provide routine environmental documentation for the Project. 3. Notify the Sponsor when right-of-way and/or utility plans are approved and the Sponsor may proceed with right-of-way acquisition and/or utility adjustments. 4. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the appropriate documentation to the file. 5. Review 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 award of the construction contract for the Project. 9. Participate in the Sponsor's preconstruction and final acceptance meetings. 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. Reimburse the Sponsor 80% (Federal -aid share) for eligible costs up to the maximum Federal -aid amount as approved in the CCRR form (Attachment I). This reimbursement will be limited to the maximum Federal -aid amount and to the federal amount available at the time payment is requested. Ifthe payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. 13. 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 K). -5- IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure may.disqualify the Sponsor from receiving all future Federal -aid funds administered by the Department. IT IS FURTHER AGREED that should the Sponsor fail to pay 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 Department may cause funds as may be required to be withheld from the Sponsors. Motor Fuel Tax allotment. , L IN WITNESS WHEREOF, the parties thereto have executed this Agreement on this day off8 ,V `' yl , 2014. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Scott E. Bennett Director of Highways and Transportation CITY OF FAYETTEVILLE Kit MNIliams City Attorney ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT NOTICE OF NONDISCRIMINATION The Arkansas State Highway and Transportation Department (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 (ADA1504/Title VI Coordinator), P.O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TFY 711), or the following email address: EEO/DBE Section Hvdnahtd.ar.eov F Attachment A GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB -RECIPIENTS CONCERNING DISADVANTAGED BUSINESS ENTERPRISES It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. The recipient or its contractor agrees to ensure that DBEs as .defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. If as a condition of assistance the recipient has submitted and the Department has approved a disadvantaged business enterprise affirmative action program, which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which .sanctions may include termination of the Agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each sub -recipient, contractor or subcontractor that failure .to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and 26.107 shall substitute a breach of contract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub -recipient", and the term "contractor" modified to include "subcontractor",) Ms. Martha Miller Histotic Preservation Prograiii 1.560 To Building `323 Center Street "Little, Rock, ,AR 7220f. DA I E. Re: .fob # .lob Name. Court Attachment 11 Dcar.W Miller: The'Clty of .... proposes the,enlianceOicnt orprojeal and localioi% Describe the project. A location map is enclosed. (enclose it map ..... a USGS 7.5 minute lopographic quadrangle. is prejerrgd by SIIPO) We appreciate any comments you may have regarding the handling al' This. project. If name the contact person jot the,sponsor and phone nnniber'... can be ol'assistance. iirthis activity,_ please let its know. 'Sincerely, NAME & .OFFICE (Sponsor's CEO) Enclasure(s) Attachment C REQUIRED CONTENTS OF BIDDING PROPOSALS FEDERAL -AID PROJECTS 1) FI-IWA-1273 Each set of contract documents shall include FHWA-1273, "Required Contract Provisions, Federal -aid Construction Contracts," and such supplements that may modify the FHWA- 1273. Copies of FHWA-1273 and supplements will be provided by the Department. 2) Anti -Collusion and Debarment Certification The certification shall either be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the State to administer oaths or in the form of an unsworn declaration executed under penalty of perjury of the law of the United States. The required form for the Anti -Collusion and Debarment Certification will be provided by the Department. The certification includes; • Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or in -directly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. • Debarment - A statement regarding debarment, suspension, ineligibility and voluntary exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29). Failure to submit the executed Certification as nai-t of the bidding documents will wake the bid nonresponsive and not eligible for award consideration. 3) Lobbying- Certification This certification is required by 49 CFR 20. The form for this certification will be provided by the Department. 4) Davis -Bacon Pre -determined. Minimum Wage Rates. Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located within the existing right-of-way of a functionally classified city street and all Transportation Alternatives Projects regardless of location. The Davis -Bacon wage rates will be provided by the Department. Attachment D SPONSOR LETTERHEAD JOB NUMBED, JOB DESCRIPTION COUNTY Title to the right of way necessary for the construction of this project has been acquired, or will be acquired, in accordance with applicable Federal Highway Administration procedures. J indicate total number in each category. here Tracts Attachment l CERTIFICATION LETTER REQUESTING AUTHORITY TO ADVERTISE DA TE Mr. Ralph J. Hall Deputy Director and Chief Engineer Arkansas State Highway and Transportation Department P. O. Box 2261 Kittle Rock, AR 72203 Re: Job # Job Name Co_ rrr1tt; Dear Mr. Hall: The following documents are submitted concerning the referenced project: 1. One set of plans and specifications. 2. A copy of the preliminary estimate of cost. 3. An unexecuted copy of the bid proposal form. I certify that the plans, specifications and estimate were prepared by or under the direct supervision of a Professional Engineer/Architect-licensed to practice in the State of Arkansas and that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. I understand that if any project items are declared non -participating in federal funds due to failure to comply with any State or federal requirements, the City will promptly repay such funds to the Arkansas State Highway and Transportation Department (AHTD). Further, I hereby authorize the, Director of the Arkansas State Department of Finance and Administration to transfer such funds from the City's Motor Fuel Tax allotment to the AHTD's RRA Fund upon notification by the Director of Highways and Transportation that such funds are due AHTD and have not been paid by the City. Approval to proceed with advertisement of the project for bids is requested. Sincerely, NAME & OFFICE (Sponsor's CEO) Enclosures Attachment F GUIDELINES FOR ADVERTISING AND OPENING BIDS FEDERAL -AID PROJECTS Upon receipt of written authorization from t1Ye Arkansas State Highway and Transportation Department, the project may be advertised for bids. The following minimum guidelines for advertising must be met: • The minimum advertising period is three weeks. • In addition to meeting the State requirements for advertising for construction projects, the project must be advertised a minimum of two times in a statewide newspaper. • The notice must contain: (1) the time, date, and place that sealed bids are to be accepted, opened, and publicly read; (2) a brief description of the kind or type of work contemplated; and (3) the place at which prospective bidders may obtain plans and specifications. • The Sponsor will include the following language in the solicitation for bids: "The Sponsor hereby notifies all bidders that this contract is subject to applicable labor laws, non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply." • All bids received in accordance with the terms of the advertisement shall be publicly opened and at a minimum, the total amount bid must be read (thc sponsor may choose to read the bids item by item). • If any bid received is not read aloud, the name of the bidder and the reason for not reading the bid aloud shall be publicly announced at the letting. • Negotiation with contractors during the period following the opening of bids and before the award of the contract shall not be permitted. Attachment G CERTIFICATION LETTER REQUESTING CONCURRENCE. IN AWARD OF THE CONTRACT DATE Mr. Ralph J. Hall Deputy Director and Chief Engineer Arkansas State Highway and Transportation Department P. O. Box 2261 Little Rock, AR 72203 Re: lob # Job Name, .Cumr1 Dear Mr. Hall: The following documents are submitted concerning the referenced project: 1. One set of bid tabulations. 2. A check in the amount of 1% of the low bid as the AHTD administration fee. 3. Justification of award (if low bid amount is greater than 10% over the estimate). 1 certify that the referenced project was advertised and bids were received in accordance with the regulations governing Federal -aid projects and all other applicable state and federal regulations, and that this process has been reviewed and approved by the City Attorney. Additionally, I certify that the bid is being awarded to the lowest responsive and qualified bidder and that there has not been, nor will there be, any negotiations with the contractor or other bidders regarding the amount bid. Your concurrence in the award of this contract to CONTRACTOR. is requested. Sincerely, Sponsor's CEO Sponsor's Attorney Enclosures Attachment Fl GUIDELINE FOR INSPECTION OF LOCALLY ADMINISTERED CONSTRUCTION CONTRACTS FOR TRANSPORTATION ALTERNATES PROGRAM (TAP) PROJECTS AND RECREATIONAL TRAILS PROGRAM (RIP) PROJECTS Upon receipt of written concurrence from the Arkansas State Highway and Transportation Department in the award of the construction contract, the construction contract may be executed. The following minimum guidelines for inspection must be met: 1) Project must be inspected by a Professional Engineer, Architect, or Landscape Architect registered to practice in the State of Arkansas. 2) Project must be inspected using best practices for the type of work and the Sponsor is not required to use Department inspection procedures. 3) Prior to beginning construction activities, the Sponsor must hold a pre' -construction meeting and must invite the Department's Resident Engineer (RE) assigned to the project. At the meeting: a) The Sponsor will provide the RE two sets of plans and two copies of the construction contract. (One for RE's records and one to be sent to Programs and Contracts Division) b) The RE will provide a packet of posters and notices required by the FFIWA-1273 supplemental specifications. 4) Submit the Construction Certification and Reimbursement Request (CCRR) .form to the RF for review and handling. RE to check: a) Maximum federal funding available. b) Signed by Sponsor's Chief Elected Official (CEO). c) RE to review for math errors and compare to previously submitted CCRRs. d) Page 2 must be submitted. e) Copy of check(s) from the Sponsor to the Sponsor's Contractor and LPA Report(s) of Daily Worked Performed. 5) Prior to implementing change orders, the Sponsor must submit fully executed change orders to the Department's RE for Department review and approval. The change order form must include: a) The Sponsor's CEO (or designated representative), Engineer/Architect's, and Contractor's signature. b) Description of the change and why the change was necessary. c) For unit price contracts, any changes in quantities. d) For new pay items, the pay item name, quantities, units, and unit price. e) Time extensions. f) All change orders must be reviewed and approved before beginning work except for reconciliation change orders at the end of the project. g) Reconciliation changes are required for project underruns greater than 20% and for all projects greater than 10% over. 6) Upon completion of the Project: a) Submit a CCRR form showing the work completed as the final contract amount. 0 This form must be submitted even if the Sponsor has been reimbursed 100% of the Federal -aid available for the Project. b) Hold a final acceptance meeting in which the Sponsor's engineer/architect, the designated full-time employee and the Department's RE must attend. c) Submit the LPA Final Acceptance Report form to the RE at the final acceptance meeting. \\ E 7 £k/\2 ) } k] k0 c /&gam C: � - m 0 °So �§ e ■�`t� b / §tG©eaik2 . o co LL � k $ -© > G @-L0-p £§g$<;� 3 f _ §a k jk Z5 <���f a` . § k Lu E ®�/7{/� 2 D /# dr ) �E #[ - §E® §��f\\§ ¢/ gcL o go c cq R. » � E 0 cl Lei § �\§\k/Lu � §:E ° & ! a z o : . S, / z § L a § � \ � 2 a § Q 3 § A§ 0 / § /� ) § D L � .. ■ o D _ � �§ 0 \ / \ j \ / [ / / / a. 0 { J § R 2» @:* ae » § © ®o \ b 10}m - '- \\k - �k� E \k. )§ ■ E2'6 5¥ e w_. g ■ q 7 G/g $� $ f / 28 ;T5 \k LLJ § ' / { � /�D s) k \ z" E gto ) $ ƒ ) \ % 3 ; f k § 0 g ..\ \k k°�- )�\ k�- \ LU k�{� , E o z m a k a / w z 2 k�3� , Nn'It � t- CO o U . , y \@ k -Z�� LL. e � )/ < 0� R k J a_ S 04 L O I$§� q uj / § [- < R] kCL .� ck52I �5(L0w w F h �:3;0A L 0 u] .. .. . . . M . . : oW z 0 b u $ _\b Lz0-o - R / � �U) � 0 < W () a] o �CL@z . . � � g : G• ww Q W CL ` UJ § .7 f � CLLU o 0 w w 02� z 0 Of w Et 2 b g \\ + � � © E k y. 2 % . . .: 2 « 2 O 2 q LL k Q = 2 0 , s, /$k \ p o z U _LL< R § co& 0 J . 2 2 o I LU !! O 0 o g p m : � 3• zci _ < � z t {> 0 e Q Attachment J Job Name: FAP No.: Sponsor LPA Report of Daily Work Performed Contractor: Job No.: Date: Hours Worked: — Report No.: Project Conditions Number.of Contractor's Site Conditions Weather Personnel Useable Sunny Laborers Partly Useable Partly Cloudy Carpenters Not Useable Rain Rainfall Amt. (in.) Concrete Laborers Equip. Operators Min Temp. (F) Max Temp. (F) Electricians Comments Plumbers Foreman Other Other I Location and Description of Work Performed I I Special Instructions and/or Conversations I Signed: Designated Full-time Employee Attachment K SPONSOR LPA Final Acceptance Report Job Name: Date: Job No: FAi' No: County; Routc: Contractor: Date Work Began: Date Work Completed: Attendees: Remarks: Project Completed in Substantial Compliance with flans and Specifications and Recommended for Final Acceptance by Sponsor Engineer/Architect Recommended for Acceptance in Accordance with Project Agreement AHTD Resident Engineer Project Recommended for Acceptance Designated Full-time Employee: I certify that the Contractor and/or subcontractor(s) have complied with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements; that the project has been completed by the Contractor in accordance with the plans and specifications; that the Contractor has been paid for this work, and the project is hereby accepted. SPONSOR's CEO Attachment L 49 CFR 18.42 UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post -Award Requirements Retention and access regttircrnents for records. (a) Applicability. (1) This section applies to all financial and programmatic records, supporting documents, statistical records, and other records of grantees or subgrantees which are: (i) Required to be maintained by the terms of this part, program regulations or the grant agreement, or (ii) Otherwise reasonably considered as pertinent to program regulations or the grant agreement. (2) This section does not apply to records maintained by contractors or subcontractors. For a requirement to place a provision concerning records in certain kinds of contracts, see Sec. 18.36(i)(10). (b) Length of retention period. (1) Except as otherwise provided, records must be retained for three years from the starting date specified in paragraph (c) of this section. (2) If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 3-year period, whichever is later. (3) To avoid duplicate recordkeeping, awarding agencies may make special arrangements with grantees and subgrantees to retain any records which are continuously needed for joint use. The awarding agency will request transfer of records to its custody when it determines that the records possess long-term retention value. When the records are transferred to or maintained by the Federal agency, the 3-year retention requirement is not applicable to the grantee or subgrantee. (c) Starting date of retention period --(I) General. When grant support is continued or renewed at annual or other intervals, the retention period for the records of each funding period starts on the day the grantee or subgrantee submits to the awarding agency its single or fast expenditure report for that period. However, if grant support is continued or renewed quarterly, the retention period for each year's records starts on the day the grantee submits its expenditure report for the last quarter of the Federal fiscal year. In all other cases, the retention period starts on the day the grantee submits its final expenditure report. If an expenditure report has been waived, the retention period starts on the day the report would have been due. (2) Real property and equipment records. The retention period for real property and equipment records starts from the date of the disposition or replacement or transfer at the direction of the awarding agency. (3) Records for income transactions after grant or subgrant support. In some cases grantees must report income after the period of grant support. Where there is such a requirement, the retention period for the records pertaining to the earning of the income starts from the end of the grantee's Fiscal year in which the income is earned. (4) tridirecl cost rate proposals, cost allocations plans, etc. 'this paragraph applies to the following types of documents, and their supporting records: indirect Cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such its computer usage chargeback rates or composite fringe benefit rates). (i) If subrnitted for negotiation. [f the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the grantee) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission. (ii) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the grantee) for negotiation purposes, then the 3-year retention period for the proposal plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. (d) Substitution of rnicr•ofLn. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. (e) Access to records--(l) Records of grantees and subgrantees. The awarding agency and the Comptroller General of the United Staies, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The right of access in this section must not be limited to the required retention period but shall last as long as the records are retained. (f) Restrictions on public access. The Federal Freedom of Information Act (5 U.S.C. 552) does not apply to records unless required by Federal, State, or local law, grantees and subgrantees are not required to permit public access to their records. (Revised as of October 1, 19971 { Attachment M Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to https.11www.fsrs.gov/ FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending, ocovv. A Prime Grant Recipient (hereinafter called AHTD (the Arkansas State Highway and Transportation Department)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is subject to FFATA sub -award reporting requirements as outlined in the Office of Management and Budget guidance issued August 27, 2010, AHTD is required to file a_ FFATA d to a sub-awardee 25000. As a sub-awardee, Ci d� F4 jIle shall provide the following information to AHTD in order to fulfill FFATA reporting requirements: A unique identifier (Dun & Bradstreet DUNS Number) of the sub-awardee receiving the award and the parent entity of the recipient, should the sub-awardee be owned by another entity; The names and total compensation of the five most highly compensated officers of the sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to information about the compensation of the senior executives of the sub-awardee through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). Page 1 of 2 Attachment M Required Sub-Awardee Information (A) Sub-Awardee — DUNS Number: 075657742 Parent (if applicable) — DUNS Number: NIA (B) In the preceding completed Federal fiscal year, did your business or organization (the legal entity to which the DUNS number entered above belongs) receive (1) 80 percent or more of its annual gross revenues in U,S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Yes 1 No (Circle one) If "Yes" is selected, answer (C). (C) Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which the DUNS number entered above belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? G I No (Circle one) If "Yes" is selected, visit http://www.sec.govledgar.shtmi for reference. If "No" is selected, answer (0). (D) If "No" was selected in Question "C", complete the following information for the five (5) most highly compensated executives in your business or organization (the legal entity to which the DUNS number entered above belongs). Amount should reflect the Total Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars. Sub-Awardee Names -and Compensation of Most Highly Compensated Officers 1. Name: 2, Name: 3. Name. 4. Name: 5. Name: Amount: $ Amount: $ Amount: $ Amount: $ Amount: $ Page 2 of 2 RESOLUTION NO.32-14 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO UTILIZE FEDERAL -AID FUNDS FOR THE DESIGN OF RESTROOMS AND EXPANDED PARKING AT GORDON LONG PARK, AND TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $22,314.00 WHEREAS, the City of Fayetteville understands that Federal Aid Transportation Alternatives Program (TAP) funds are available for certain city projects at the following Federal and City participating ratios: Work Phase Federal % City % Construction of City Projects Preliminary Engineering 0% 100% Right -of -Way 80% 20% Utilities - 80% 20% Construction 80% 20% Construction Engineering 0% 100% City projects programmed but not let to contract All Phases 0% 100% and WHEREAS, the Northwest Arkansas Regional Planning Commission has approved the initial funding of improvements to the Gordon Long Park Trailhead in the amount of $22,314.00, which requires the City to provide matching funds in the amount of $5,578.50; and WHEREAS, the total project estimate is $262,500.00 and additional funding will be requested from future years of TAP funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas expresses its willingness to participate in accordance with its designated responsibilities in this 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 Highway and Transportation Department to expedite the construction of the above -stated improvements. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes Arkansas Highway and Transportation Department to initiate action to implement this project. Page 2 Resolution No. 32-I4 Section 4: That the City Council of the City of Fayetteville, Arkansas approves a budget adjustment, attached hereto as Exhibit A, recognizing $22,314.00 in federal revenue. PASSED and APPROVED this 5�' day of February 2014. APPROVED: ATTEST: By: &• 'J"� SONDRA E. SMITH, City Clerk/Treasurer