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HomeMy WebLinkAbout218-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 218-19 File Number: 2019-070 HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112 - TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 71B IMPROVEMENTS PROJECT WHEREAS, the Arkansas Department of Transportation (Department) has established Job 040746 to widen Highway 112 between Truckers Drive and Van Asche Drive in Fayetteville; and WHEREAS, the City of Fayetteville (City) has requested that the Highway 112 widening project be extended to Howard Nickell Road; and WHEREAS, the Department has agreed to extend Job 040746 to Howard Nickell Road and will construct intersection improvements at Howard Nickell Road in this project with consideration given to the inclusion of a roundabout; and WHEREAS, the Department will handle all phases of Job 040746 and provide all necessary funding less the $350,000.00 committed by the City; and WHEREAS, the Department has also agreed to accommodate bicycles and pedestrians per the City's master plan along Highway 112 in accordance with the latest versions of AASHTO and FHWA guidance; and WHEREAS, the Department has committed to work with the municipalities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; and Page 1 Printed on 9119119 File Number: 2019-0570 Resolution 218-19 WHEREAS, the Department previously agreed to undertake necessary pavement and bridge preservation on Highway 71 B; and WHEREAS, at the City's request, the Department has agreed to make the $1.5 million dedicated to preservation improvements on Highway 71B available to the City for their use along the corridor in lieu of a resurfacing project; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to the Highway 71B interchange with North Fulbright Expressway; and WHEREAS, the City hereby agrees to commit $350,000 towards the extension of the Highway 112 widening and to accept ownership and responsibility for Highway 71 B from its junction with South Fulbright Expressway to its junction with North Fulbright Expressway. 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 City of Fayetteville to participate in accordance with its designated responsibilities in the Highway 112 - Truckers Drive to Van Asche Drive Improvements Project and the Highway 71B Improvements Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan or his designated representative to execute all appropriate agreements and contracts necessary to expedite the development and construction of the projects. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby indicates its willingness to proceed with the projects and hereby proposes that the Department initiate action to implement these improvements. PASSED and APPROVED on 9/17/2019 Approved _ Attest: `��� G�• C/�y ;I i i^ c� �tn� D %% . T •W= • • �9 v//�F� n�� i S -ate oneld Jordan, yor Lisa Branson, Deputy City Clerk -i,� ;' ,�„; Page 2 Printed on 9119119 City of Fayetteville, Arkansas Text File File Number: 2019-0570 Agenda Date: 9/17/2019 Version: 1 In Control: City Council Meeting Agenda Number: C. 2 HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Resolution A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112- TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 7 1 B IMPROVEMENTS PROJECT WHEREAS, the Arkansas Department of Transportation (Department) has established Job 040746 to widen Highway 112 between Truckers Drive and Van Asche Drive in Fayetteville; and WHEREAS, the City of Fayetteville (City) has requested that the Highway 112 widening project be extended to Howard Nickell Road; and WHEREAS, the Department has agreed to extend Job 040746 to Howard Nickell Road and will construct intersection improvements at Howard Nickell Road in this project with consideration given to the inclusion of a roundabout; and WHEREAS, the Department will handle all phases of Job 040746 and provide all necessary funding less the $350,000.00 committed by the City; and WHEREAS, the Department has also agreed to accommodate bicycles and pedestrians per the City's master plan along Highway 112 in accordance with the latest versions of AASHTO and FHWA guidance; and WHEREAS, the Department has committed to work with the municipalities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; and WHEREAS, the Department previously agreed to undertake necessary pavement and bridge preservation on Highway 71 B; and WHEREAS, at the City's request, the Department has agreed to make the $1.5 million dedicated to preservation improvements on Highway 71B available to the City for their use along the corridor in lieu of a resurfacing project; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to City of Fayetteville, Arkansas Paye 1 Printed on 9/19/2019 File Number: 2019-0570 the Highway 7 1 B interchange with North Fulbright Expressway; and WHEREAS, the City hereby agrees to commit $350,000 towards the extension of the Highway 112 widening and to accept ownership and responsibility for Highway 71B from its junction with South Fulbright Expressway to its junction with North Fulbright Expressway. 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 City of Fayetteville to participate in accordance with its designated responsibilities in the Highway 112 - Truckers Drive to Van Asche Drive Improvements Project and the Highway 71B Improvements Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan or his designated representative to execute all appropriate agreements and contracts necessary to expedite the development and construction of the projects. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby indicates its willingness to proceed with the projects and hereby proposes that the Department initiate action to implement these improvements. City of Fayetteville, Arkansas Paye 2 Printed on 9/19/2019 City of Fayetteville Staff Review Form 2019-0570 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 8/30/2019 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of an Agreement of Understanding between the City and the Arkansas Department of Transportation relative to improvements to Highway 112 and the Transfer of Ownership of Highway 71B Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: Agreement to Accept Jurisdiction of Hwy 71B from ArDOT RECOMMENDATION: Staff recommends approval of a resolution accepting jurisdiction of Highway 71 B, between South Fulbright Expressway and North Fulbright Expressway, from the Arkansas State Department of Transportation (ArDOT). BACKGROUND: Highway 71 B is a US Highway under the jurisdiction of ArDOT. As such, ArDOT has full control over everything in their right of way, and anything that the City or adjacent property owners wish to do within the right of way must be approved by ArDOT. ArDOT has rigid rules and procedures that they must follow, and must require the City to follow, with respect to their rights of way. These rules and regulations have limited the City's ability do such things as add sidewalks, increase the number of crossing locations for pedestrians by adding traffic signals or other crossing enhancements, install medians and street trees, reduce lane widths, reduce the number of lanes, reduce speed limits, etc. DISCUSSION: The Highway 71 B Corridor study that began last year has identified multiple opportunities to make Hwy 71 B more livable, and to spur development and redevelopment partly through structural changes to the street. As detailed above, many of these structural changes would be difficult or impossible while 71 B is an ArDOT facility. Therefore, late last year, staff met with ArDOT officials and began discussing a framework whereby the City could take over jurisdiction of Highway 7113. Initially, City staff requested that capital funding for improvements be part of the exchange. However, since 71 B is a 4 -lane facility, and is not an ArDOT priority for further capacity improvements, ArDOT staff indicated that capital funding would not be available, but that the estimated cost of required maintenance ($1.5 million) could be made available for use by the City. In addition, ArDOT proposed to expedite construction on the Highway 112 corridor, between Truckers Drive and the City limits, and to design bicycle and pedestrian improvements per the City's master plans and in accordance with the latest versions of federal guidance with Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 respect to these facilities. The Highway 112 project is an estimated $10+ million investment that completes a long section of the arterial loop. In summary, major components of the agreement to take over Highway 71 B include: • ArDOT will make $1.5 million available to the City for improvements to 71 B. This funding is unrestricted and may be used for any project that meets federal aid funding criteria. • ArDOT will complete widening and improvements to Hwy 112 between Truckers Drive Oust north of Sam's Club) to the City limits • The City will contribute the $350,000 ($280,000 in federal aid plus $70,000 in City matching funds) already received for Highway 112 through the STBGP program administered by the Northwest Arkansas Regional Planning Commission • The City will take over jurisdiction of Highway 71 B from the South Fulbright Expressway to the North Fulbright Expressway (a total of 6.5 miles) In total, ArDOT will invest an estimated $12 million in capital funds as part of the agreement. The City will incur future maintenance costs for Highway 71 B, with the largest cost being for pavement maintenance and overlays. The City is already responsible for maintaining signals, and for maintenance of existing sidewalks and trees. BUDGET/STAFF IMPACT: In the short term, funding for the payment to ArDOT for 112 improvements ($70,000) will be paid as previously approved. Long term, the Transportation Division will be responsible for maintaining 71 B; funding will come from the yearly budget for street maintenance. The cost of an overlay (estimated at $2.5 million in 2019 dollars) would be expected to be incurred approximately every 15 to 20 years on average. Attachments: Agreement with ArDOT and attachments AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION RELATIVE TO: Design and construction of Job 040746, Truckers Dr. — Howard Nickell Rd. (Fayetteville) (S) and Highway 71B Improvements. WHEREAS, the Arkansas Department of Transportation (hereinafter called the "Department") has established Job 040746 to widen Highway 112 between Truckers Drive and Van Asche Drive in Fayetteville; and WHEREAS, the City of Fayetteville (hereinafter called the "City") has requested that the widening project be extended to Howard Nickell Road and that a roundabout be considered at this intersection; and WHEREAS, the City has also requested that the Department make available the $1.5 million dedicated to pavement and bridge preservation on Highway 71B to the City in lieu of construction of a preservation project; and WHEREAS, the City requested that the Department conduct a study to determine the feasibility of a signalized intersection, or roundabout, at the northern intersection of Highway 71B and the Fulbright Expressway; and WHEREAS, the Department has agreed to handle all phases of Job 040746 and provide all necessary funding less the $350,000 committed by the City; and WHEREAS, the Department has also agreed to accommodate bicycles and pedestrians per the City's master plan along Highway 112 in accordance with the latest versions of AASHTO and FHWA guidance; and WHEREAS, the Department has committed to work with the cities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to the Highway 71B interchange with North Fulbright Expressway; and WHEREAS, the City has agreed to commit $350,000 towards the extension of the Highway 112 widening project and to accept ownership and responsibility for Highway 7 1 B from its junction with South Fulbright Expressway to North Fulbright Expressway; and WHEREAS, the City has passed Resolution No. authorizing the Mayor to enter into agreements with the Department for the projects; and WHEREAS, Arkansas State Highway Commission Minute Order No. 2019-012 has authorized the Director to enter into the necessary agreements with the City. WHEREAS, it is understood that the City 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. IT IS HEREBY AGREED that the City and the Department will accept the additional responsibilities and assigned duties as described hereinafter. THE CITY WILL: Be responsible for the following in relation to the widening of Highway 112 between Trucker's Drive and Howard Nickell Road (Job 040746): 1. When requested, provide the Department with I'Linding for Job 040746 in an amount not to exceed $350,000. 2. Work with the Department to develop an access management plan to enhance safety and mobility. II. Be responsible for the following in relation to an improvement project along Highway 71B between South and North Fulbright Expressways that will utilize $1.5 million in Federal -aid funding administered by the Department (hereinafter called the "Project"). 1. Accept ownership of Highway 71B from its junction with South Fulbright Expressway to North Fulbright Expressway. 2. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency Consultant Selection Procedures (Attachment B) to provide engineering services which include environmental documentation, preliminary engineering, and construction engineering for the Project. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. 3. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Attachment C for items to be included in the bid proposal.) 4. Make periodic payments to the consultant for design of the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 5. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. 6. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 7. 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. 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 compliance 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. -2- 9. 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"). 10. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 11. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the City's clear and unencumbered title to any right- of-way to be used for the Project (See Attachments DI and D2). NOTE: Any property that is to become Department right-of-way must be acquired in the Department's name. 12. Submit plans at 50%, and 90% completion stages for Department review. 13. Submit a certification letter (Attachment E), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 14. 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. 15. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 16. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment G), including all items noted, to the Department. 17. Notify the Department in writing who the City designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Attachment H). 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; • Maintain familiarity of day to day project operations, including project safety issues; • Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visit and review the project on a daily basis; • Review financial processes, transaction and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Direct project staff, City 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 City and consultant staff at all stages of the project. 18. 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. 19. Ensure that all work, material testing and acceptance, and inspection is conducted in accordance with the Department's Standard Specifications for Highway Construction (latest edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual and with the plans, specifications, and all other applicable FHWA and Department procedures for the Project. -3- 20. Make periodic payments to the consultant for construction engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 21. 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 I). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 22. Attach LPA Report of Daily Work Performed (Attachment J) for all days that correspond with each CCRR submittal. 23. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. 24. 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 performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the City's full- time employee in responsible charge, and the City's Mayor. 25. 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. 26. 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. 27. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the City's contractor on the Project shall be the sole responsibility of the City's contractor and in this regard the City shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the City with documentation of proof of liability insurance coverage with submission of the signed contract. 28. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the City, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the City. Further, the City by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass-through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The City -4- also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass-through entity, shall not be responsible or liable for any damages whatsoever from the actions of the City, its employees, agents and contractors. 29. 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. 30. 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 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Attachment L). 31. Grant the right of access to the City's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. 32. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 33. Be responsible for 100% of any and all expenditures which may be declared non- participating in federal funds, including any such award by the State Claims Commission. 34. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment M), which is necessary for Project participation. 35. Repay to the Department the federal share of the cost of any portion of the Project if, for any reason, federal participation is removed due to actions or inactions of the City, its agents, its employees, or its assigns or the City'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 City understands and agrees that the Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax allotment should the City 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. 36. Be responsible for all expenses not covered through Federal -aid highway funds administered through the Department. 37. Repay to the Department the federal share of the cost of this project if for any reason the Federal Highway Administration removes federal participation. -5- 38. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department's right-of-way 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; • make significant alterations to any improvements constructed with Federal -aid funds; or • cease maintenance or operation of a project due to the Project's obsolescence. 39. 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 City's repayment of federal funds and may result in withholding all future Federal -aid. 40. 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 City 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 City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 41. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the Department. 42. Promptly notify the Department if the Project improvements outside of the Department's right-of-way are rendered unfit for continued use by natural disaster or other cause. 43. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment N). 44. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses, and losses, including those arising from claims before the Arkansas Claims Commission or lawsuits brought in any other legal forum, sustained on account of the operations or actions of the City, including any act of omission, neglect or misconduct of said City. Further, the City shall take no action to compromise the immunity from civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305, or the 11th Amendment of the United States Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. THE DEPARTMENT WILL: Be responsible for the following in relation to the widening of Highway 112 between Trucker's Drive and Howard Nickell Road (Job 040746): 1. Be responsible for all design, environmental documentation, right of way acquisition, utility relocation. 2. Accommodate bicycles and pedestrians along Highway 112 in accordance with the latest version of the AASHTO Guide for the Development of Bicycle Facilities, rind the FHWA Bikeway Selection Guide. moz 3. Work with the cities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility. 4. Provide all funding necessary, other than those funds committed by the City, to extend Job 040746 to Howard Nickell Road. Intersection improvements at this intersection will include the consideration of a roundabout. 5. Advertise, award, and perform construction inspection for Job 040746. 6. Request funds from the City prior to awarding a construction contract for Job 040746. II. Be responsible for the following in relation to an improvement project along Highway 71B between South and North Fulbright Expressways that will utilize $1.5 million in federal -aid funding administered by the Department (the "Project"): 1. Remove the portion of Highway 71, Section 16B from its junction with South Fulbright Expressway to North Fulbright Expressway from the State Highway System. 2. Make $1.5 million in federal -aid funds available to the City for use along the Highway 71B Corridor in lieu of pavement and bridge preservation improvements. 3. Analyze the performance of the City's proposed improvement option for the Highway 71B interchange with North Fulbright Expressway. 4. Maintain an administrative file for the project and be responsible for administering Federal -aid funds. 5. Coordinate with the City to procure required professional services such as design consultants, construction engineering and inspection consultants, and right of way consultants. 6. Review environmental documentation as prepared by the City. 7. Review plans and specifications submitted by the City. 8. Reimburse the City 80% for eligible professional services, procured using Department -approved procedures, upon review and approval of reimbursement requests. 9. Notify the City when right-of-way and/or utility plans are approved and the City may proceed with right-of-way acquisition and/or utility adjustments. 10. 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. 11. Advise the City when to proceed with advertisement of the Project for construction bids. 12. Review and concur in award of the construction contract for the Project. 13. Ensure that the City and the City's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the City's representatives and their consultant to verify that the work being performed by the City's contractor, and documented and certified by the City, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, -7- Attachment M CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 11014 4 / Wil. or.an ayor : Fayetteville when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. 14. Review and approve any necessary change orders for project/program eligibility. 15. Reimburse the City 80% for eligible construction costs approved in the CCRR form (Attachment 1). This reimbursement will be limited to the funding available at the time payment is requested. If the payment requested exceeds the funding available at the time, the difference will be reimbursed as additional funds for the Project become available. 16. Subject to the availability of funding allocated for the Project, pay the City the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Attachment K), IN WITNESS WHEREOF, the parties thereto have executed this Agreement this Iday of 2019. ARKANSAS DEPARTMENT OF TRANSPORTATION Scott E. Bennett, P.E. 114 Director City Attorney ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE. OF NONDISCRIMINATION The Arkansas Department of Transportation (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 (not applicable as a protected group under the Federal Motor Carrier Safety Administration Title VI Program), disability, Limited English Proficiency (UP). or low-income status in the admission, access to and treatment in the Department's programs and activities, as well as the Departments hiring or emplovment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to .loanna P. McFadden Section Head - EEOlDBE (ADA/504/1'itle VI Coordinator). P. O. Box 2261, Little Rock, AR 72203. (501) 569-2298. (Voice/TTY 711). or the following email address ioanna.mcladden rt`ardot eov Free language assistance for Limited English Proficient individuals is available upon request This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotapc and in Braille - 8 - RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE FOLLOWING PROJECT: Job 040746, Truckers Dr. - Van Asche Dr. (Fayetteville) (S) and Highway 71B Improvements WHEREAS, the Arkansas Department of Transportation (De ment) has established Job 040746 to widen Highway 112 between Truckers Drive and Van he Drive in Fayetteville; and WHEREAS, the City of Fayetteville (City) has requested th a wi ng project be extended to Howard Nickell Road; and WHEREAS, the Department has agreed t J 074 Howard Nickell Road and will construct intersection improvement How Ni oad in this project with consideration given to the inclusion of a roun t; a WHEREAS, the Department v necessary funding less the $350,000 com WHEREAS, the per the City's master plan and FHWA guidance; and Highway 112 mobility; and; bridge .ses of Job 040746 and provide all and to accommodate bicycles and pedestrians Jance with the latest versions of AASHTO nt haaT committed to work with the municipalities along the an access management plan to enhance safety and improve :ment previously agreed to undertake necessary pavement and 71 B; and WHEREAS, at the City's request, the Department has agreed to make the $1.5 million dedicated to preservation improvements on Highway 71B available to the City for their use along the corridor in lieu of a resurfacing project; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to the Highway 71 B interchange with North Fulbriblit Expressway; and WHEREAS, the City hereby agrees to commit $350,000 towards the extension of the Highway 112 widening and to accept ownership and responsibility for Highway 71B from its junction with South Fulbright Expressway to its junction with North Fulbright Expressway. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS THAT: SECTION I: The City will participate in accordance with its designated responsibilities in this project. SECTION II: The Mayor or his designated representative is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite construction of these projects. SECTION III: The City pledges its full support and herebjp- ments. ests that the Arkansas Department of Transportation initiate action to implement these imp THIS RESOLUTION adopted this day of _/, 201 ATTEST: (SEAL) field Jordan Mayor 711 ! p V, Sprin _ 4`1J2 ;• a X412 �.--�...---..._TontitownJohnson ... " . � " �y f IT • f p Ej ���,.i .,ii;t. .b 040732 tz�7 HwU. 16 i<,za � j �1 UTBWC Recommendations t -s� Ic FAYET'T'EVILLE Greenland' C R d 7 w N. Garland Ave. =.. N. Deane Soloman Rd. ;------�— [J • O Ejm 3 i N V y t f , o 1 >� T 7 �€ PNp i N Gregg Ave. Missoul + RAILROAD gR#c4N"4S' N' Ca,9e Ave. ! j 7-4 -C tm i _a o C ID / -- ( CD ti Ln —. E - Yr _ t ARKANSAS DEPARTMENT OF TRANSPORTATION ARDOT gov ( IDriveArkansas.com I Scott E. Bennett, RE., Director ARKANSAS DEPARTMENT 10324 Interstate 30 I P.O. Box 2261 Little.Rock, AR 72203-2261 OF TRANSPORTATION Phone: 501.569.2000 I Voice/TTY 711 1 Fax: 501.569.2400 RECEIVED November 8, 2019 N 0 V 15 2019 CITY OF FAYETTEVILLE MAYOR'S OFFICE The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 Re: Job 040746 Truckers Dr. — Howard Nickell Rd. (Fayetteville) (S) Washington County Hwy. 112, Sec. 1 Dear Mayor Jordan: Enclosed is your copy of the executed partnering Agreement of Understanding between the Department and the City of Fayetteville for the referenced project to widen Highway 112 between Truckers Drive and Howard Nickell Road. If you have any questions regarding the partnering arrangement, please contact Jared Wiley, Division Engineer — Program Management, at (501) 569-2262. Sincerely, �� AKeoEngineer —Planning Enclosure c: Director Deputy Director and Chief Operating Officer Deputy Director and Chief Engineer Assistant Chief Engineers Program Management Roadway Design System Information and Research Transportation Planning and Policy District 4 Job 040746 'C' File AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION RELATIVE TO: Design and construction of Job 040746, Truckers Dr. — Howard Nickell Rd. (Fayetteville) (S) and Highway 71B Improvements. WHEREAS, the Arkansas Department of Transportation (hereinafter called the 'Department") has established Job 040746 to widen Highway 112 between Truckers Drive and Van Asche Drive in Fayetteville; and WHEREAS, the City of Fayetteville (hereinafter called the "City") has requested that the widening project be extended to Howard Nickell Road and that a roundabout be considered at this intersection; and WHEREAS, the City has also requested that the Department make available the $1.5 million dedicated to pavement and bridge preservation on Highway 71B to the City in lieu of construction of a preservation project; and WHEREAS, the City requested that the Department conduct a study to determine the feasibility of a signalized intersection, or roundabout, at the northern intersection of Highway 71B and the Fulbright Expressway; and WHEREAS, the Department has agreed to handle all phases of Job 040746 and provide all necessary funding less the $350,000 committed by the City; and WHEREAS, the Department has also agreed to accommodate bicycles and pedestrians per the City's master plan along Highway 112 in accordance with the latest versions of AASHTO and FHWA guidance; and WHEREAS, the Department has committed to work with the cities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to the Highway 7 1 B interchange with North Fulbright Expressway; and WHEREAS, the City has agreed to comr`7it $350,000 towards the extension of the Highway 112 widening project and to accept ownership and responsibility for Highway 71B from its junction with South Fulbright Expressway to North Fulbright Expressway; and WHEREAS, the City has passed Resolution No. 218-19 authorizing the Mayor to enter into agreements with the Department for the projects; and WHEREAS, Arkansas State Highway Commission Minute Order No. 2019-012 has authorized the Director to enter into the necessary agreements with the City. WHEREAS, it is understood that the City and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business -1- 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. IT IS HEREBY AGREED that the City and the Department will accept the additional responsibilities and assigned duties as described hereinafter. THE CITY WILL: I. Be responsible for the following in relation to the widening of Highway 112 between Trucker's Drive and Howard Nickell Road (Job 040746): 1. When requested, provide the Department with funding for Job 040746 in an amount not to exceed $350,000. 2. Work with the Department to develop an access management plan to enhance safety and mobility. II. Be responsible for the following in relation to an improvement project along Highway 71B between South and North Fulbright Expressways that will utilize $1.5 million in Federal -aid funding administered by the Department (hereinafter called the "Project"). 1. Accept ownership of Highway 71B from its junction with South Fulbright Expressway to North Fulbright Expressway. 2. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency Consultant Selection Procedures (Attachment B) to provide engineering services which include environmental documentation, preliminary engineering, and construction engineering for the Project. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. 3. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Attachment C for items to be included in the bid proposal.) 4. Make periodic payments to the consultant for design of the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 5. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. 6. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 7. 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. 8. 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 compliance 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. -2- 9. 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"). 10. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 11. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the City's clear and unencumbered title to any right- of-way to be used for the Project (See Attachments D1 and 132). NOTE: Any property that is to become Department right-of-way must be acquired in the Department's name. 12. Submit plans at 50%, and 90% completion stages for Department review. 13. Submit a certification letter (Attachment E), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 14. 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. 15. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 16. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment G), including all items noted, to the Department. 17. Notify the Department in writing who the City designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Attachment H). 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; • Maintain familiarity of day to day project operations, including project safety issues; • Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visit and review the project on a daily basis; • Review financial processes, transaction and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Direct project staff, City 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 City and consultant staff at all stages of the project. 18. 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. 19. Ensure that all work, material testing and acceptance, and inspection is conducted in accordance with the Department's Standard Specifications for Highway Construction (latest edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual and with the plans, specifications, and all other applicable FHWA and Department procedures for the Project. -3- 20. Make periodic payments to the consultant for construction engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 21. 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 I). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 22. Attach LPA Report of Daily Work Performed (Attachment J) for all days that correspond with each CCRR submittal. 23. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. 24. 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 performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the City's full- time employee in responsible charge, and the City's Mayor. 25. 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. 26. 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. 27. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the City's contractor on the Project shall be the sole responsibility of the City's contractor and in this regard the City shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the City with documentation of proof of liability insurance coverage with submission of the signed contract. 28. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the City, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the City. Further, the City by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass-through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The City -4- also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass-through entity, shall not be responsible or liable for any damages whatsoever from the actions of the City, its employees, agents and contractors. 29. 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. 30. 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 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Attachment L). 31. Grant the right of access to the City's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. 32. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 33. Be responsible for 100% of any and all expenditures which may be declared non- participating in federal funds, including any such award by the State Claims Commission. 34. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment M), which is necessary for Project participation. 35. Repay to the Department the federal share of the cost of any portion of the Project if, for any reason, federal participation is removed due to actions or inactions of the City, its agents, its employees, or its assigns or the City'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 City understands and agrees that the Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax allotment should the City 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. 36. Be responsible for all expenses not covered through Federal -aid highway funds administered through the Department. 37. Repay to the Department the federal share of the cost of this project if for any reason the Federal Highway Administration removes federal participation. -5- 38. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department's right-of-way 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; • make significant alterations to any improvements constructed with Federal -aid funds; or • cease maintenance or operation of a project due to the Project's obsolescence. 39. 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 City's repayment of federal funds and may result in withholding all future Federal -aid. 40. 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 City 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 City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 41. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the Department. 42. Promptly notify the Department if the Project improvements outside of the Department's right-of-way are rendered unfit for continued use by natural disaster or other cause. 43. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment N). 44. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses, and losses, including those arising from claims before the Arkansas Claims Commission or lawsuits brought in any other legal forum, sustained on account of the operations or actions of the City, including any act of omission, neglect or misconduct of said City. Further, the City shall take no action to compromise the immunity from civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305, or the 11th Amendment of the United States Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. THE DEPARTMENT WILL: Be responsible for the following in relation to the widening of Highway 112 between Trucker's Drive and Howard Nickell Road (Job 040746): 1. Be responsible for all design, environmental documentation, right of way acquisition, utility relocation. 2. Accommodate bicycles and pedestrians along Highway 112 in accordance with the latest version of the AASHTO Guide for the Development of Bicycle Facilities, and the FHWA Bikeway Selection Guide. 3. Work with the cities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility. 4. Provide all funding necessary, other than those funds committed by the City, to extend Job 040746 to Howard Nickell Road. Intersection improvements at this intersection will include the consideration of a roundabout. 5. Advertise, award, and perform construction inspection for Job 040746. 6. Request funds from the City prior to awarding a construction contract for Job 040746. II. Be responsible for the following in relation to an improvement project along Highway 71B between South and North Fulbright Expressways that will utilize $1.5 million in federal -aid funding administered by the Department (the "Project"): 1. Remove the portion of Highway 71, Section 16B from its junction with South Fulbright Expressway to North Fulbright Expressway from the State Highway System. 2. Make $1.5 million in federal -aid funds available to the City for use along the Highway 71 B Corridor in lieu of pavement and bridge preservation improvements. 3. Analyze the performance of the City's proposed improvement option for the Highway 71B interchange with North Fulbright Expressway. 4. Maintain an administrative file for the project and be responsible for administering Federal -aid funds. 5. Coordinate with the City to procure required professional services such as design consultants, construction engineering and inspection consultants, and right of way consultants. 6. Review environmental documentation as prepared by the City. 7. Review plans and specifications submitted by the City. 8. Reimburse the City 80% for eligible professional services, procured using Department -approved procedures, upon review and approval of reimbursement requests. 9. Notify the City when right-of-way and/or utility plans are approved and the City may proceed with right-of-way acquisition and/or utility adjustments. 10. 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. 11. Advise the City when to proceed with advertisement of the Project for construction bids. 12. Review and concur in award of the construction contract for the Project. 13. Ensure that the City and the City's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the City's representatives and their consultant to verify that the work being performed by the City's contractor, and documented and certified by the City, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, -7- ri when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. 14. Review and approve any necessary change orders for project/program eligibility. 15. Reimburse the City 80% for eligible construction costs approved in the CCRR form (Attachment I). This reimbursement will be limited to the funding available at the time payment is requested. If the payment requested exceeds the funding available at the time, the difference will be reimbursed as additional funds for the Project become available. 16. Subject to the availability of funding allocated for the Project, pay the City the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Attachment K). IN WIT ESS WHEREOF, the parties thereto have executed this Agreement this day of '2019. Attachment A GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB -RECIPIENTS CONCERNING DISADVANTAGED BUSINESS ENTERPRISES It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. If as a condition of assistance the recipient has submitted and the Department has approved a disadvantaged business enterprise affirmative action program, which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which sanctions may include termination of the Agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each sub -recipient, contractor or subcontractor that failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and 26.107 shall substitute a breach of contract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub -recipient", and the term "contractor" modified to include "subcontractor".) Attachment B LOCAL AGENCY CONSULTANT SELECTION PROCEDURES Section I — Application These procedures apply to federally funded contracts for engineering and design services for projects. The federal laws and regulations that govern the procurement of engineering and design related services with Federal -aid highway funds are: • 23 U.S.C. 112 "Letting of contracts". • 23 CFR 172 "Administration of Engineering and Design Related Service Contracts", • 49 CFR 18 "Uniform Administration Requirements for Grants and Cooperative Agreements to State and Local Governments" or more commonly known as the "Common Rule", • 40 U.S.C. Chapter 10 Subchapter VI, paragraphs 541-544 or commonly called the "Brooks Act". In accordance with the above federal laws and regulations, the Arkansas Department of Transportation (ARDOT) has approved these procedures for use by the Local Agency for the "competitive negotiation" method of procurement as defined in 23 CFR 172.5, Methods of Procurement. The Local Agency will use these procedures for Federal -aid contracts and may elect to use them for non -Federal -aid contracts. These procedures do not apply to design -build Contracts. Section II — Advertisement for Letters of Interest (LOls). The Local Agency may employ a consultant engineering firm when a need exists for engineering services and it is in the Local Agency's best interest to employ an engineer or engineering firm. As a minimum, the Local Agency will advertise in a statewide newspaper, the ARDOT's website and the Local Agency's website (if available), advising that consultant engineering services are being sought. In addition, the Local Agency may advertise in appropriate national trade magazines or websites for specialized services. Interested firms must furnish a Letter of Interest with primary contact information and Architect - Engineer Qualifications Standard Form 330 Parts I and II. The advertisement will be for either a specific single project, a group of projects, or for an indefinite delivery of projects to be determined at a later date with specific task orders issued for each project. Attachment B When the Local Agency advertises a specific project, the advertisement will describe the work in general terms so that firms may evaluate their interest in performing the desired services. When the Local Agency advertises a group of projects, a general description of work will be furnished. Firms will be asked to specify the projects they are interested in performing. When the Local Agency decides to proceed with a certain project, those firms having expressed interest in that project will be considered for selection. When the Local Agency advertises for an indefinite delivery of projects with later specified task orders, the advertisement will include a general description of work for the project tasks. Section 111— Selection Committee. The Local Agency will designate a Selection Committee (Committee) to evaluate and analyze the LOIs and Proposals. Section IV — Evaluation of LOIS. The Committee will evaluate each consultant firm based on the following: No. Evaluation Factors for LOIs Maximum Points Possible Professional staff including the education, experience, 1 number of personnel available, and any partnerships 10 with sub -consultants General and professional reputation, including 2 responsiveness to civil rights and equal employment 10 opportunity requirements and opportunities 3 Past work performance 10 4 Experience with projects of a similar nature as those advertised 10 Total Points for LOI 40 Following their review, the selection committee will prepare a short list of engineering firms and recommend to the Local Agency that these firms submit detailed proposals for further evaluation. Section V — Request for Proposal (RFP). The Local Agency will prepare a scope of work statement and request proposals from the engineering firms on the short list. For projects with FHWA oversight, the Local Agency will forward the scope of work statement to ARDOT to forward to FHWA for review and approval before soliciting RFPs. A Local Agency's scope of work will typically include the following: 2 Attachment B 1. A detailed description of the work 2. Services that will be furnished by the Local Agency 3. Services expected of the consultant 4. Project conditions of the work 5. Special conditions of the work 6. Assurance of participation of Disadvantaged Business Enterprises (DBE) in Federal -aid projects. The Local Agency may establish a DBE goal of a certain percentage of the work for DBE's to assure DBE's participation in Federal -aid projects. When a DBE goal is specified, the Local Agency will ensure that a certified DBE(s) performs the identified engineering work and that the payments to the DBE(s) verify that the goal was reached. The establishment of a DBE goal does not preclude a DBE from being the prime consultant for the project. The short-listed firms should submit proposals that contain the following: 1. A cover letter with primary contact information 2. A detailed work plan that identifies the major tasks of work 3. A list of major concerns associated with completing the work 4. A detailed work schedule for specific projects as requested 5. A manpower estimate for specific projects as requested 6. Updated Standard Form 330 Parts I and II if necessary The Committee will review the proposals with particular attention to the following evaluation factors and the consideration of Section IV. The evaluation factors and their relative importance will be listed in the RFP if any of the factors are different from the list below. No. Evaluation Factors for Proposals Maximum Points Possible 1 Obvious indication that the scope of work is clearly understood 10 2 Comprehensive, coherent, and detailed work plan 10 3 Realistic work schedule when applicable 10 4 Proposed working office location, need for a local office, and any local representative* 5 5 Identification of sub -consultants and responsiveness to DBE goals and opportunities 5 6 Total Points for LOI 40 Total Points for Proposals 80 "Locality preference may be used on a project by project basis where it is not based on political boundaries. Based on these various items, the Committee will rank the firms in order of preference and submit the list to the Local Agency who will either: 1. Select one firm to enter negotiations with; 3 Attachment B 2. Select multiple firms for an indefinite delivery contract; or 3. Select two or more firms to interview (a firm may present additional information concerning their proposal at the interview). After the interviews, the Committee will re-evaluate the firms based on the interview and the same evaluation factors as noted previously. The ranked list will be submitted to the Local Agency for review and final selection. The contract file will contain records of the rankings and supporting data; however, the rankings will not be public information. Copies of the LOI advertisement, the rankings, and supporting data shall be submitted to ARDOT for the contract file. Section VI — Negotiation and Contract Preparation. Once a firm is selected for negotiation for a specific job or a group of projects, it will prepare a draft contract including a cost estimate for the project. The other firms on the short list will be advised of the firm selected, subject to successful negotiations. More than one firm may be selected for an indefinite delivery contract. The contract will establish a maximum cost for the contract as well as an expiration date. As individual task orders are issued, individual task order cost estimates will be negotiated. The selected firm will prepare a draft contract based on a sample contract furnished by the ARDOT. In accordance with the principles of 23 CFR 172, the draft contract must include an overhead rate that is approved by the ARDOT. The overhead rate shall be verified by an audit by a certified public accountant on behalf of the consultant if the contract exceeds $250,000. If the contract is less than $250,000, the overhead rate shall also be verified by an audit by a certified public accountant on behalf of the consultant if at least one of the following conditions applies: 1. when there is insufficient knowledge of the consultant's accounting system; 2. when there is previous unfavorable experience regarding the reliability of the consultant's accounting system; or 3. when the contract involves procurement of new equipment or supplies for which cost experience is lacking. Pursuant to this requirement, the ARDOT will notify the Local Agency if an audit by a certified public accountant for the selected firm is necessary. The certified audit needs to be provided by the selected firm prior to the submission of the final draft contract. The Local Agency will review the draft contract proposal and either approve it as submitted or enter into negotiations with the selected firm to establish a contract and contract amount that the Local Agency deems is fair and reasonable. If a satisfactory contract cannot be negotiated with the selected firm, negotiations will be formally terminated. The Local Agency will then enter into negotiations with the second ranked firm. If negotiations with that firm fail, the Local Agency will formally terminate those 4 Attachment B negotiations and begin to negotiate with the third ranked firm, and so on. If the Local Agency cannot negotiate a satisfactory contract with any of the firms on the short list, the Local Agency shall either: 1. Request proposals from additional firms who have submitted LOls and are considered competent and qualified; evaluate and rank the firms based on the criteria described in Section V; and continue the negotiation process, or 2. Terminate all negotiations and begin the selection process again. When the Local Agency and the consultant agree on a negotiated contract, the consultant will prepare a final draft and submit it to the Local Agency and ARDOT for review. After review and a determination that it is acceptable, the consultant will sign the contract. The Local Agency will then execute the contract. The contract will subsequently be submitted to ARDOT for final review and approval. When approved, copies of the signed contract will be distributed within the Local Agency and to the consultant. For projects with FHWA oversight and for indefinite delivery contracts utilizing federal funds, the ARDOT will forward the initial and final drafts of the contract to FHWA for review and comment. The FHWA approves the final executed contract by stamp and signature and retains a copy. After the Local Agency executes an indefinite delivery contract, it will assign specific projects by task order for the duration of the contract period. The consultant will prepare each task order based on the scope of work furnished by the Local Agency. The task order will include a manpower estimate and cost. The Local Agency will review the task order and approve it as submitted or negotiate with the consultant to establish a task order and task order amount that the Local Agency deems is fair and reasonable. After review and a determination that the task order is acceptable, the consultant will sign the task order. The Local Agency will execute the task order. The task order will subsequently be submitted to ARDOT for final review and approval. When approved, copies of the signed task order will be distributed within the Local Agency and to the consultant. For projects with FHWA oversight, the ARDOT will forward the initial and final drafts of the task order to FHWA for review and comment. The FHWA approves the final executed task order by stamp and signature and retains a copy. Section VII — Monitoring the Contract. The Local Agency may identify staff members as key liaisons for specific projects or for technical matters during the administration of the contract period. The Local Agency will: 1. Maintain the contract files. 2. Arrange and attend periodic progress meetings. 3. Coordinate reviews and approval actions with other agencies when necessary. 5 Attachment B 4. Review progress payments. 5. Coordinate questions from the consultant. 6. Negotiate any change or amendment to the contract and submit to ARDOT for review and approval. 7. Prepare an evaluation of the consultant's performance after completion of the contract. A copy of the evaluation shall be submitted to the ARDOT. Section VIII — Consultant Liability The Local Agency will include a contract requirement that the consultant will warrant that all services and work products provided as part of the contract are free from defects in workmanship at the time of acceptance and that the work conforms to the requirements of the contract. This warrant is effective regardless of the degree of inspection and acceptance by the Local Agency or others. If the consultant is required to correct or re -perform any work or services, the work will be performed at no cost to the Local Agency, and any work or services corrected or re -performed by the consultant shall also be warranted that it is free from defects in workmanship. If the consultant fails or refuses to correct or re -perform, the Local Agency may, by contract or otherwise, correct or replace the deficient items or services with similar work or services, and charge the cost to the consultant or make an equitable adjustment in the consultant's reimbursement. Acceptance is an act of an authorized representative of the Local Agency by which the Local Agency approves specific services, as partial or complete performance of the contract. Correction is the elimination of a defect. 0 Attachment C REQUIRED CONTENTS OF BIDDING PROPOSALS FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECTS 1) FHWA-1273 Each set of contract documents shall include FHWA-1273, "Required Contract Provisions, Federal -aid Construction Contracts," and such supplements that may modify the FHWA-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 part of the bidding documents will make the bid nonresponsive and not eligible for award consideration. 3) Lobbying Certification This certification is required by 49 CFR 20. The form for this certification will be provided by the Department. 4) Davis -Bacon 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. The Davis -Bacon wage rates will be provided by the Department. Attachment D I CITY / COUNTY LETTERHEAD JOB NUMBER 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. I indicate total number in each category here. Delete any categories not used in this job. Tract(s) Options(s) Paid Donation(s) Negotiation Pending* - include tract number(s) and statement: "It is anticipated that this/these tract(s) will be acquired by (date). " Condemnation(s) — (include Order of Possession date or date the Court Order was filed) Condemnation(s) Pending* - include tract number(s) and anticipated filing date * If applicable Idelete the statement in each pair that does not apply There are no displacees on this project. -Or- Relocation Assistance has been provided in accordance with applicable Federal Highway Administration procedures and all displacees have moved from this project. There was/were # displaced (residence(s)/business(es)/personal property/etc) on the project. There are no structures located within the right of way area. -Or- All structures have been removed from this project, except for those to be included as demolition items in the highway contract. No conflicting utilities are known to exist in the right of way area. -Or- Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status Report. There are no railroads involved on this project -OR- Tract(s) # shown above include(s) # (Permanent/Temporary Construction Easements) for Railroad. No right of way in excess of that needed for construction or future maintenance of this project was acquired. Certified by: Date: (Type name) (Type title) Attachment D2 CITY / COUNTY LETTERHEAD .TOB NUMBER .TOB NAME COUNTY Title to the right of way necessary for the construction of this project was in public ownership prior to project development. No additional right of way was acquired. There are no displacees on this project. There are no structures located within the right of way area. There are no railroads involved on this project. No known conflicting utilities exist within the right of way area. Certified by: (Type name) (Type title) Date: Attachment E CERTIFICATION LETTER REQUESTING AUTHORITY TO ADVERTISE FOR BIDS DATE Mr. Emanuel Banks Deputy Director and Chief Engineer Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Mr. Banks: The following documents are submitted concerning the referenced project: 1. One reproducible set of plans and specifications. 2. A copy of the engineer's estimate of cost. 3. Copies of any technical specifications or special provisions. I certify that the plans, specifications and estimate were prepared by or under the direct supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the plans and specifications were developed using the Arkansas Department of Transportation's Standard Specifications for Highway Construction (latest edition) and standard drawings, and 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 Department of Transportation (ARDOT). Further, I hereby authorize the Director of the Arkansas State Department of Finance and Administration to transfer such funds from the City's gasoline tax allotment to the ARDOT's RRA Fund upon notification by the Director that such funds are due ARDOT and have not been paid by the City. Approval to proceed with advertisement of the project for bids is requested. Sincerely, NAME & OFFICE (Sponsor's CEO) Enclosures Attachment F GUIDELINES FOR ADVERTISING AND OPENING BIDS FEDERAL -AID PROJECTS Upon receipt of written authorization from the Arkansas Department of Transportation, 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 (the sponsor may choose to read the bids item by item). • If any bid received is not read aloud, the name of the bidder and the reason for not reading the bid aloud shall be publicly announced at the letting. • In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and licensing contractors must be approved by the Federal Highway Administration. • Negotiation with contractors during the period following the opening of bids and before the award of the contract is not permitted. Attachment G CERTIFICATION LETTER REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT DATE Mr. Emanuel Banks Deputy Director and Chief Engineer Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Dear Mr. Banks: Re: Job # Job Name County The following documents are submitted concerning the referenced project: 1. One set of bid tabulations. 2. Justification of award (if low bid amount is greater than 10% over the estimate). I certify that the referenced project was advertised and bids were received in accordance with the regulations governing Federal -aid projects and all other applicable state and federal regulations, and that this process has been reviewed and approved by the City Attorney. Additionally, I certify that the bid is being awarded to the lowest responsive and qualified bidder and that there has not been, nor will there be, any negotiations with the contractor or other bidders regarding the amount bid. Your concurrence in the award of this contract to CONTRACTOR is requested. Sincerely, Mayor City Attorney Enclosures OFFICE OF THE MAYOR October 8, 2019 Mr. Jared D. Wiley Division Engineer — Program Management Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job #040746 and Hwy 71B Job Name: Highway 112 and Hwy 71B Washington County Dear Mr. Wiley: The full-time employee in responsible charge of the day to day oversight for the referenced project will be City Engineer, Chris Brown. This letter certifies that the employee is aware of the duties and functions they are in charge of as outlined in the Agreement of Understanding. This employee may be reached by phone at (479) 575-8207 or by email at cbrown@fayetteville- angov. Sinc bly, i' Lioneld Jor n Mayor City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov N 0 } \ \ S 0 \ k E kk § ;e ©ma57 < g ,2 \ � \ » a & / / / )j)f] � < � /f �t / \ ?] m � m ƒ � §) � ' /&3£a / / § 2f§rL0 mt a_—a�on� < §� ��4)a� §0 �3222k= k # 10 R /2L + a \}}\\\L \ 0 U) 0 0\y0\fk $ 22 ■_� o ) E c� ccoo § )k/ \/}k ) )i km -a) & Q@,—mac R/ E®0=cL&° »&_�)¥S% E a)®w=/� — / }§ Ef4 ¥@ 30 ] j / ¥ m ) § ( \ J & < ) 0 LuU) § LU 0 ) ) £2 \ )$ w ƒ2 } — 0 k� �« — § (D fE ) /§ _ E 2 —$ 7 $ $E f)7 �7 ® :3 �� )7 ® & — 0 8—. @�/ _Wc k§ «� } kA� < 0E $— > )/§ �2 b1E %$ E } } /�@ \) 0) - CL /�ƒ j� o CL )\\ k) �d E �}\ LL < )G� �0 )o} �� )%�k k /kƒ } I 0/ / ƒ i % , CM n# U) (D r- m a) \ \ S 0 \ E § < \ � \ » � & / / / � � /f / \ ?] m � m ƒ � � ' } / / § j U) e w } ƒ N Ll- O C*4 w ? IL z 0 0 U) LL < D .� 0 z ƒ 0 0 m/\ / z z z 0 E q q n § E k f h3� z2/ 0� R c LU F- TaQ- R0 O ®+ cEw LU \-i Lu R20 SU)0 : \/$0 E3fc \ Wo/ �a99 c . 0 w/ w CL I m I 2 O %®� XRm c//\ O ƒLLJ c Q D\ \� U) � � \ -j 0 § m z 0 Q E � z / 0 2$ < § E k f Attachment J Sponsor LPA Report of Daily Work Performed Job Name: Job No.: FAP No.: Contractor: Date: Hours Worked: — Report No.: Location and Description of Work Performed Special Instructions and/or Conversations I Signed: Designated Full-time Employee Project Conditions Site Conditions Weather Number of Contractor's Personnel Useable Sunny Laborers Partly Useable Partly Cloudy Carpenters Not Useable Rain Rainfall Amt. (in.) Concrete Laborers Equip. Operators Min Temp. (F) Max Tem F) Electricians Comments Plumbers Foreman Other Other Location and Description of Work Performed Special Instructions and/or Conversations I Signed: Designated Full-time Employee Attachment K SPONSOR LPA Final Acceptance Report Job Name: Date: Job No: FAP No: County: Route: Contractor: Date Work Began: Date Work Completed: Attendees: Remarks: Project Completed in Substantial Compliance with Plans and Specifications and Recommended for Final Acceptance by Sponsor Recommended for Acceptance in Accordance with Project Agreement Engineer ARDOT Resident Engineer Project Recommended for Acceptance Designated Full-time Employee: I certify that the Contractor and/or subcontractor(s) have complied with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements; that the project has been completed by the Contractor in accordance with the plans and specifications; that the Contractor has been paid for this work, and the project is hereby accepted. SPONSOR's CEO Attachment L 49 CFR 18.42 UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS Post -Award Requirements Retention and access requirements for records. (a) Applicability. (1) This section applies to all financial and programmatic records, supporting documents, statistical records, and other records of grantees or subgrantees which are: (i) Required to be maintained by the terms of this part, program regulations or the grant agreement, or (ii) Otherwise reasonably considered as pertinent to program regulations or the grant agreement. (2) This section does not apply to records maintained by contractors or subcontractors. For a requirement to place a provision concerning records in certain kinds of contracts, see Sec. 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 --(1) General. When grant support is continued or renewed at annual or other intervals, the retention period for the records of each funding period starts on the day the grantee or subgrantee submits to the awarding agency its single or last expenditure report for that period. However, if grant support is continued or renewed quarterly, the retention period for each year's records starts on the day the grantee submits its expenditure report for the last quarter of the Federal fiscal year. In all other cases, the retention period starts on the day the grantee submits its final expenditure report. If an expenditure report has been waived, the retention period starts on the day the report would have been due. (2) Real property and equipment records. The retention period for real property and equipment records starts from the date of the disposition or replacement or transfer at the direction of the awarding agency. (3) Records for income transactions after grant or subgrant support. In some cases grantees must report income after the period of grant support. Where there is such a requirement, the retention period for the records pertaining to the earning of the income starts from the end of the grantee's fiscal year in which the income is earned. (4) Indirect cost rate proposals, cost allocations plans, etc. This paragraph applies to the following types of documents, and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (i) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the grantee) to form the basis for negotiation of the rate, then the 3 -year retention period for its supporting records starts from the date of such submission. (ii) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the grantee) for negotiation purposes, then the 3 -year retention period for the proposal plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. (d) Substitution of microfilm. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. (e) Access to records --(1) Records of grantees and subgrantees. The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of grantees and subgrantees which are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. (2) Expiration of right of access. The right of access in this section must not be limited to the required retention period but shall last as long as the records are retained. (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, 1997] Attachment M CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his knowledge and belief that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds_ other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosyre Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, , sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Attachment N Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to https.-#www. fsrs. go v4 FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. A Prime Grant Recipient (Arkansas Department of Transportation (hereinafter called ARDOT)) 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. ARDOT is required to file a FFATA sub -award report for any sub -grant awarded to a sub-awardee greater than or equal to $25,000. As a sub-awardee, City of Fayetteville shall provide the following information to ARDOT 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; V 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 N Required Sub-Awardee Information (A) Sub-Awardee — DUNS Number: 07-565-7742 Parent (if applicable) — DUNS Number: (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 / 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? Yes / No (Circle one) If "Yes" is selected, visit http://www.sec.govledgar shtmi for reference. If "No" is selected, answer (D). (D) If "No" was selected in Question "C", complete the following information for the five (5) most highly compensated executives in your business or organization (the legal entity to which the DUNS number entered above belongs). Amount should reflect the Total Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars. Sub-Awardee Names and Compensation of Most Highly Compensated Officers 1. Name: 2. Name: 3. Name: 4. Name: 5. Name: Amount: $ Amount: $ Amount: $ Amount: $ Amount: $ Page 2 of 2 AR Dar ARKANSAS DEPARTMENT OF TRANSPORTATION ARDOT.gov I IDriveArkansas.com I Lorie H.Tudor, P.E., Director ARKANSAS DEPARTMENT 10324 Interstate 30 I P.O.Box 2261 I Little Rock,AR 72203-2261 OF TRANSPORTATION Phone:501.569.2000 I Voice/TTY 711 I Fax:501.569.24L E C E!V E D JUL 1 5 2020 CITY OF FAYE I I EVILLE MAYOR'S OFFICE July 6, 2020 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Dear Mayor Jordan: Reference is made to Resolution No. 218-19 in which the City of Fayetteville agrees to accept ownership and responsibility for Highway 71 Business into the City Street System upon its removal from the State Highway System. Please be advised that Arkansas Highway Commission Minute Order 2019-012 approved the removal of this portion of Highway 71 B from the State Highway System. Highway 71, Section 16B is hereby removed from the State Highway System. Enclosed for your records are copies of Minute Order 2019-012 and the highway route change sketch. If additional information is needed, please advise. Sincerely, 4 /J1 Emanuel Banks Deputy Director and Chief Engineer Enclosures c: Director Deputy Director and Chief Operating Officer Assistant Chief-Administration Assistant Chief Engineer- Planning System Information and Research Program Management District 4 Engineer CHANGES TO THE STATE HIGHWAY SYSTEM CITY OF FAYETTEVILLE WASHINGTON COUNTY TO MISSOURI k JOHNSON TO SPRINGDALE �j r m ® "U. i 112 `,, 71 1 r ._ 1265) / ix _ FAYETTEVILLE 1 i-L- _ cc/3 0 LM 6.760 A00,00• refl.°°.°°-'5 1 .r- 45 0 �` H - ri tom` 1 4. � 45 16 ® / m 112 _L U.S. HIGHWAY 71, SECTION 16B i `112, IS HEREBY REMOVED FROM J THE STATE HIGHWAY SYSTEM 2 2 0 O _- \.01180 O 265 �,.� W a 0 1 „) 62 IV © o 112j FARMINGTON GID Removed ls7l•( f!r Iffillparipmpr Irfirem -vow 0610351114011 /0 I1IO 156265s r TO 1-40 AUTHORIZED BY ACTION OF ROUTE&SECTION MILES ARKANSAS STATE HIGHWAY COMMISSION OLD NEW 1W Dar U.S.71 BUS,SECTION 16B 6.760 0.000 MINUTE ORDER NO. 2019-012 ARKANSAS DEPARTMENT DATE January 9,2019 OF TRANSPORTATION EFFECTIVE DATE '2- f7/ OtOQ2-D 0 0.75 1.5 Mile / TOTAL CHANGE 760 (r/ APPROVED , � SYSTEM INFORMATION&RESEARCH DIVISION 6-30-2020 ARKANSAS STATE HIGHWAY COMMISSION MINUTE ORDER District: Four Page 1 of 1 Page County: Washington Category: Improvement Project-Arkansas Primary Highway Network (APHN) WHEREAS, IN WASHINGTON COUNTY IN THE CITY OF FAYETTEVILLE, Minute Order No. 2018-052 referenced the City's intent to provide funding towards Job 040746 to extend the project to Howard Nickell Road; and WHEREAS, the City has now confirmed their commitment to this project to be $350,000; and WHEREAS, the City has now requested that the Department undertake necessary pavement and bridge preservation on Highway 71B; and WHEREAS, the City has agreed to accept ownership of Highway 71B between the Fulbright Expressway on the north and south ends of Fayetteville upon completion of the preservation work. NOW THEREFORE, upon receipt of a resolution from the City of Fayetteville, the Director is authorized to enter into any necessary agreements and to proceed with surveys, plans, and construction of these improvements as funds become available. FURTHERMORE, upon completion of the preservation improvements to Highway 7lB and official notification by the Deputy Director and Chief Engineer, Highway 71, Section 16B will be removed from the State Highway System, as shown on the attached sketch. Approved: Submitted By: Chairman Assists Chid Engineer-Planning Vice-Chairman Approved: Member Ct' ?//k 'Net(-- Di Member Minute Order No `d 7.x Member Date Passed JAN 9 2019 PM Form 19-456 Rev. 1/13/2016 J:\ LFPA\Programs\Partnering\Minute Orders\Fayetteville_Hwy112&Hwy7I BPartnering.docx SUPPLEMENTAL AGREEMENT City of Fayetteville Staff Review Form 2021-1012 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Paul Libertini�� 12/8/2021 Submitted By Submitted Date Action Recommendation: ENGINEERING (621) Division / Department Staff recommends that the Mayor sign Supplemental Agreement 1 to the Agreement of Understanding for the design and construction of Job 040746, Hwy 112 (Truckers Drive to Howard Nickell Road) and Hwy 71B improvements with the Arkansas Department of Transportation (ARDOT). Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # 218-19 Change Order Number: Original Contract Number: Comments: Approval Date: 12/13/21 _CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director/City Engineer FROM: Paul Libertini, Staff Enginee�O DATE: December 8, 2021 STAFF MEMO SUBJECT: Mayor's Signature — Supplemental Agreement 1 — Hwy 112/College Avenue RECOMMENDATION: Staff recommends that the Mayor sign Supplemental Agreement 1 to the Agreement of Understanding for the design and construction of Job 040746, Hwy 112 (Truckers Drive to Howard Nickell Road) and Hwy 71 B improvements with the Arkansas Department of Transportation (ARDOT). BACKGROUND: City Council passed Resolution 218-19 on September 17, 2019, expressing the willingness of the City to partner with ARDOT for the Hwy 112 — Truckers Drive to Van Asche Drive Improvements Project and the Hwy 71 B Improvements Projects. This resolution also authorized Mayor Jordan to execute all appropriate agreements and contracts necessary to expedite the development and construction of the projects. Therefore, on September 17, 2019, the Mayor signed the Agreement of Understanding with ARDOT which included the commitment of ARDOT to make $1.5 million in federal -aid funds available to the City for use along the Hwy 718 Corridor. DISCUSSION: On August 31, 2021, the Northwest Arkansas Regional Planning Commission awarded $1.5 million of FFY 2022 Surface Transportation Block Grant Program — Attributable (STBGP-A) federal -aid funds to the Hwy 71 B/College Avenue project (construction phase). The City has requested that the ARDOT combine this funding with the previous funding referenced above to provide a total of $3.0 million in federal -aid funds for construction improvements to College Avenue. To accomplish this merger of funding, it is necessary to modify the Agreement of Understanding by signing the attached Letter/Supplemental Agreement. BUDGET/STAFF IMPACT: The grant funding of $1.5 million is based on an 80/20 match. Therefore, the City is committed to providing a 20% local match of $ 375,000 in order to receive the $1.5 million grant. Attachments: Letter/Supplemental Agreement dated 11/15/21 from the Arkansas State Highway Commission Letter dated 8/31/2021 from Jeff Hawkins, NWARPC — Award of FFY 2022 Funds Resolution 218-19 including the Agreement of Understanding Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ARKANSAS STATE HIGHWAY COMMISSION sere ROBERT S. MOORE, JR.Oy s: CHAIRMAN ARKANSAS CITY DALTON A. FARIMiER. JR. '� ± VICE CHAIRMAN JONESBORO P.O. Box 2261 • Little Rock, Arkansas 72203-2261 PHILIPTAI-DO Phone (501) 569-2000 • Voice/TTY 711 • Fax (501) 569-2400 SPRINGDALE www.ARDOT.gov • www.lDriveArkansas.com November 15, 2021 The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Mayor Jordan: KEITH GIBSO% FORT SMITH MARIE HOLDER LITTLE ROCK LOW H.TUDOR. P.F. DIRECTOR Reference is made to the City of Fayetteville's recent award of $1.5 million in Surface Transportation Block Grant Program — Attributable funding from the Northwest Arkansas Regional Planning Commission (NWARPC) to use on construction of the former Highway 7 1 B Corridor (College Avenue). The City has requested to combine the funding with the $1.5 million allocated to improvements along College Avenue in the Agreement of Understanding signed September 17, 2019 for Job 040746, Truckers Dr. — Howard Nickell Rd. (Fayetteville) (S) and Highway 71 B Improvements. In order to utilize these additional funds, it is necessary to modify the Agreement of Understanding. This letter, when signed by you and returned to the Department, will constitute a supplement to the Agreement between the City of Fayetteville and the Department. All other conditions of the Agreement of Understanding will remain in effect. Once approved, the total Federal -aid available for construction of College Avenue will be $3,000,000. The Honorable Lioneld Jordan November 15, 2021 Page Two Please retain a copy of the signed letter for the City's files. If you have any questions concerning this matter, please contact Carlos Meredith in our Program Management Division at (501) 569-2481. Sincerely, . /nn *Lorie .udor, P.E. Director APPRO. �26neld Jordan yor of Fayetteville c: Deputy Director and Chief Operating Officer Deputy Director and Chief Engineer Assistant Chief Engineers Environmental Program Management System Information and Research Transportation Planning and Policy District 4 Job 040746 `C' File Mr. Jeff Hawkins, Executive Director, NWA Regional Planning Commission NWA NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION RegkwW 1311 Clayton St., Springdale, Arkansas, 72762 Cannl:sion • (479) 751 7125 • Fax: (479) 751 7150 • http://nwarpc.org August 31, 2021 Mayor Lioneld Jordan City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: College Ave. Construction Phase — North Street to Township Street FFY 2022 Surface Transportation Block Grant Program — Attributable (STBGP-A) Total NWARPC Federal Funds Awarded to College Ave. $1,500,000 Dear Mayor Jordan: I am pleased to inform you the College Ave. Project was selected by the Northwest Arkansas Regional Planning Commission on August 25, 2021 for FFY 2022 STBGP-A funding. The STBGP-A funds awarded and the required local match are shown below: NWARPC STBGP-A $1,500,000 (80% Federal) City Match 375,000 (20% Local Match) Total $1,875,000 The STBGP-A funding is subject to an obligation limitation and the total available funds may change after final FFY 2022 funding is published. Please note that STBGP-A projects "...must comply with applicable provisions in Title 23, such as project agreements, authorization to proceed prior to incurring costs, prevailing wage rates (Davis -Bacon), competitive bidding, and other contracting requirements, regardless of whether the projects are located within the right-of-way of a Federal -aid highway." Please let us know if you have any questions or need additional information regarding this program. Sincerely, Je f Hawkins Director Cc: Mr. Chris Dillaha, ARDOT Mr. Sunny Farmahan, ARDOT 6/6/2023 Submitted Date No 302,070.00$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 2,559,184.00$ 2,257,114.00$ Yes No -$ 302,070.00$ 46020.7221.1020 Project Number Budget Impact: Hwy 71B Corridor, North to Township Fund Streets Project (2019 Bonds)4602.860.7221-5809.00 Account Number Project Title City of Fayetteville Staff Review Form 2023-0697 Item ID N/A City Council Meeting Date - Agenda Item Only For the Mayor's Signature - Supplemental Agreement #2 to the Agreement of Understanding for the College Avenue Project. N/A for Non-Agenda Item Action Recommendation: Submitted By Paul Libertini ENGINEERING (621) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #218-19 Approval Date: Original Contract Number: College Avenue Project / Supplemental Agreement #2 06/28/2023 TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director/City Engineer FROM: Paul Libertini, Staff Engineer DATE: June 6, 2023 SUBJECT: Mayor’s Signature – Supplemental Agreement #2 Hwy 71B (College Avenue) Corridor RECOMMENDATION: Staff recommends that the Mayor sign Supplemental Agreement #2 to the Agreement of Understanding (AOU) with the Arkansas Department of Transportation (ARDOT) for the construction of Highway 71B improvements. BACKGROUND: City Council passed Resolution 218-19 on September 17, 2019, expressing the willingness of the City to partner with ARDOT for the Hwy 112 – Truckers Drive to Van Asche Drive Improvements Project and the Hwy 71B Improvements Projects. This resolution also authorized Mayor Jordan to execute all appropriate agreements and contracts necessary to expedite the development and construction of the projects. On September 17, 2019, the Mayor signed the AOU with ARDOT which included the commitment of ARDOT to make $1.5 million in federal-aid funds available to the City for use along the Hwy 71B Corridor. In December 2021, the Mayor signed Supplemental Agreement #1 to the AOU adding $1.5M in STBGP-A funding. DISCUSSION: The Mayor’s signature is required on Supplemental Agreement #2 which will add an additional $1.8M in STBGP-A funds for a total of $4.8M in federal-aid funding for construction improvements to the Hwy 71B/College Avenue Corridor. BUDGET/STAFF IMPACT: The grant funding of $4.8M is based on an 80/20 match. Therefore, the City is committed to providing a 20% local match of $1.2M in order to receive the $4.8M grant. Attachments: Resolution 218-19 including the Agreement of Understanding 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Resolution: 218-19 File Number: 2019-070 HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112 - TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 71B IMPROVEMENTS PROJECT WHEREAS, the Arkansas Department of Transportation (Department) has established Job 040746 to widen Highway 112 between Truckers Drive and Van Asche Drive in Fayetteville; and WHEREAS, the City of Fayetteville (City) has requested that the Highway 112 widening project be extended to Howard Nickell Road; and WHEREAS, the Department has agreed to extend Job 040746 to Howard Nickell Road and will construct intersection improvements at Howard Nickell Road in this project with consideration given to the inclusion of a roundabout; and WHEREAS, the Department will handle all phases of Job 040746 and provide all necessary funding less the $350,000.00 committed by the City; and WHEREAS, the Department has also agreed to accommodate bicycles and pedestrians per the City's master plan along Highway 112 in accordance with the latest versions of AASHTO and FHWA guidance; and WHEREAS, the Department has committed to work with the municipalities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; and Page 1 Printed on 9119119 File Number: 2019-0570 Resolution 218-19 WHEREAS, the Department previously agreed to undertake necessary pavement and bridge preservation on Highway 71 B; and WHEREAS, at the City's request, the Department has agreed to make the $1.5 million dedicated to preservation improvements on Highway 71B available to the City for their use along the corridor in lieu of a resurfacing project; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to the Highway 71B interchange with North Fulbright Expressway; and WHEREAS, the City hereby agrees to commit $350,000 towards the extension of the Highway 112 widening and to accept ownership and responsibility for Highway 71 B from its junction with South Fulbright Expressway to its junction with North Fulbright Expressway. 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 City of Fayetteville to participate in accordance with its designated responsibilities in the Highway 112 - Truckers Drive to Van Asche Drive Improvements Project and the Highway 71B Improvements Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan or his designated representative to execute all appropriate agreements and contracts necessary to expedite the development and construction of the projects. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby indicates its willingness to proceed with the projects and hereby proposes that the Department initiate action to implement these improvements. PASSED and APPROVED on 9/17/2019 Approved _ Attest: ` G• C/y ;I ii^ c tn D %% . T •W= 9 v// F n i S -ate oneld Jordan, yor Lisa Branson, Deputy City Clerk -i, ;' ,„; Page 2 Printed on 9119119 AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION RELATIVE TO: Design and construction of Job 040746, Truckers Dr. — Howard Nickell Rd. (Fayetteville) (S) and Highway 71B Improvements. WHEREAS, the Arkansas Department of Transportation (hereinafter called the "Department") has established Job 040746 to widen Highway 112 between Truckers Drive and Van Asche Drive in Fayetteville; and WHEREAS, the City of Fayetteville (hereinafter called the "City") has requested that the widening project be extended to Howard Nickell Road and that a roundabout be considered at this intersection; and WHEREAS, the City has also requested that the Department make available the $1.5 million dedicated to pavement and bridge preservation on Highway 71B to the City in lieu of construction of a preservation project; and WHEREAS, the City requested that the Department conduct a study to determine the feasibility of a signalized intersection, or roundabout, at the northern intersection of Highway 71B and the Fulbright Expressway; and WHEREAS, the Department has agreed to handle all phases of Job 040746 and provide all necessary funding less the $350,000 committed by the City; and WHEREAS, the Department has also agreed to accommodate bicycles and pedestrians per the City's master plan along Highway 112 in accordance with the latest versions of AASHTO and FHWA guidance; and WHEREAS, the Department has committed to work with the cities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to the Highway 71B interchange with North Fulbright Expressway; and WHEREAS, the City has agreed to commit $350,000 towards the extension of the Highway 112 widening project and to accept ownership and responsibility for Highway 7 1 B from its junction with South Fulbright Expressway to North Fulbright Expressway; and WHEREAS, the City has passed Resolution No. authorizing the Mayor to enter into agreements with the Department for the projects; and WHEREAS, Arkansas State Highway Commission Minute Order No. 2019-012 has authorized the Director to enter into the necessary agreements with the City. WHEREAS, it is understood that the City 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. IT IS HEREBY AGREED that the City and the Department will accept the additional responsibilities and assigned duties as described hereinafter. THE CITY WILL: Be responsible for the following in relation to the widening of Highway 112 between Trucker's Drive and Howard Nickell Road (Job 040746): 1. When requested, provide the Department with I'Linding for Job 040746 in an amount not to exceed $350,000. 2. Work with the Department to develop an access management plan to enhance safety and mobility. II. Be responsible for the following in relation to an improvement project along Highway 71B between South and North Fulbright Expressways that will utilize $1.5 million in Federal -aid funding administered by the Department (hereinafter called the "Project"). 1. Accept ownership of Highway 71B from its junction with South Fulbright Expressway to North Fulbright Expressway. 2. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency Consultant Selection Procedures (Attachment B) to provide engineering services which include environmental documentation, preliminary engineering, and construction engineering for the Project. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. 3. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Attachment C for items to be included in the bid proposal.) 4. Make periodic payments to the consultant for design of the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 5. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. 6. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 7. 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. 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 compliance 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. 2- 9. 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"). 10. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 11. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the City's clear and unencumbered title to any right- of-way to be used for the Project (See Attachments DI and D2). NOTE: Any property that is to become Department right-of-way must be acquired in the Department's name. 12. Submit plans at 50%, and 90% completion stages for Department review. 13. Submit a certification letter (Attachment E), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 14. 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. 15. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 16. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment G), including all items noted, to the Department. 17. Notify the Department in writing who the City designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Attachment H). 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; Maintain familiarity of day to day project operations, including project safety issues; Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; During construction, visit and review the project on a daily basis; Review financial processes, transaction and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; Direct project staff, City 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 City and consultant staff at all stages of the project. 18. 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. 19. Ensure that all work, material testing and acceptance, and inspection is conducted in accordance with the Department's Standard Specifications for Highway Construction latest edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual and with the plans, specifications, and all other applicable FHWA and Department procedures for the Project. 3- 20. Make periodic payments to the consultant for construction engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 21. 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 I). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 22. Attach LPA Report of Daily Work Performed (Attachment J) for all days that correspond with each CCRR submittal. 23. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. 24. 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 performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the City's full- time employee in responsible charge, and the City's Mayor. 25. 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. 26. 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. 27. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the City's contractor on the Project shall be the sole responsibility of the City's contractor and in this regard the City shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the City with documentation of proof of liability insurance coverage with submission of the signed contract. 28. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the City, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the City. Further, the City by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass-through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The City 4- also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass-through entity, shall not be responsible or liable for any damages whatsoever from the actions of the City, its employees, agents and contractors. 29. 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. 30. 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 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Attachment L). 31. Grant the right of access to the City's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. 32. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 33. Be responsible for 100% of any and all expenditures which may be declared non- participating in federal funds, including any such award by the State Claims Commission. 34. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment M), which is necessary for Project participation. 35. Repay to the Department the federal share of the cost of any portion of the Project if, for any reason, federal participation is removed due to actions or inactions of the City, its agents, its employees, or its assigns or the City'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 City understands and agrees that the Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax allotment should the City 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. 36. Be responsible for all expenses not covered through Federal -aid highway funds administered through the Department. 37. Repay to the Department the federal share of the cost of this project if for any reason the Federal Highway Administration removes federal participation. 5- 38. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department's right-of-way 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; make significant alterations to any improvements constructed with Federal -aid funds; or cease maintenance or operation of a project due to the Project's obsolescence. 39. 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 City's repayment of federal funds and may result in withholding all future Federal -aid. 40. 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 City 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 City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 41. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the Department. 42. Promptly notify the Department if the Project improvements outside of the Department's right-of-way are rendered unfit for continued use by natural disaster or other cause. 43. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements Attachment N). 44. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses, and losses, including those arising from claims before the Arkansas Claims Commission or lawsuits brought in any other legal forum, sustained on account of the operations or actions of the City, including any act of omission, neglect or misconduct of said City. Further, the City shall take no action to compromise the immunity from civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305, or the 11th Amendment of the United States Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. THE DEPARTMENT WILL: Be responsible for the following in relation to the widening of Highway 112 between Trucker's Drive and Howard Nickell Road (Job 040746): 1. Be responsible for all design, environmental documentation, right of way acquisition, utility relocation. 2. Accommodate bicycles and pedestrians along Highway 112 in accordance with the latest version of the AASHTO Guide for the Development of Bicycle Facilities, rind the FHWA Bikeway Selection Guide. moz 3. Work with the cities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility. 4. Provide all funding necessary, other than those funds committed by the City, to extend Job 040746 to Howard Nickell Road. Intersection improvements at this intersection will include the consideration of a roundabout. 5. Advertise, award, and perform construction inspection for Job 040746. 6. Request funds from the City prior to awarding a construction contract for Job 040746. II. Be responsible for the following in relation to an improvement project along Highway 71B between South and North Fulbright Expressways that will utilize $1.5 million in federal -aid funding administered by the Department (the "Project"): 1. Remove the portion of Highway 71, Section 16B from its junction with South Fulbright Expressway to North Fulbright Expressway from the State Highway System. 2. Make $1.5 million in federal -aid funds available to the City for use along the Highway 71B Corridor in lieu of pavement and bridge preservation improvements. 3. Analyze the performance of the City's proposed improvement option for the Highway 71B interchange with North Fulbright Expressway. 4. Maintain an administrative file for the project and be responsible for administering Federal -aid funds. 5. Coordinate with the City to procure required professional services such as design consultants, construction engineering and inspection consultants, and right of way consultants. 6. Review environmental documentation as prepared by the City. 7. Review plans and specifications submitted by the City. 8. Reimburse the City 80% for eligible professional services, procured using Department -approved procedures, upon review and approval of reimbursement requests. 9. Notify the City when right-of-way and/or utility plans are approved and the City may proceed with right-of-way acquisition and/or utility adjustments. 10. 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. 11. Advise the City when to proceed with advertisement of the Project for construction bids. 12. Review and concur in award of the construction contract for the Project. 13. Ensure that the City and the City's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the City's representatives and their consultant to verify that the work being performed by the City's contractor, and documented and certified by the City, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, 7- when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. 14. Review and approve any necessary change orders for project/program eligibility. 15. Reimburse the City 80% for eligible construction costs approved in the CCRR form Attachment 1). This reimbursement will be limited to the funding available at the time payment is requested. If the payment requested exceeds the funding available at the time, the difference will be reimbursed as additional funds for the Project become available. 16. Subject to the availability of funding allocated for the Project, pay the City the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Attachment K), IN WITNESS WHEREOF, the parties thereto have executed this Agreement this Iday of 2019. ARKANSAS DEPARTMENT OF TRANSPORTATION Scott E. Bennett, P.E. 114 Director City Attorney ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE. OF NONDISCRIMINATION The Arkansas Department of Transportation (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 discriminateonthebasisofrace, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier SafetyAdministrationTitleVIProgram), disability, Limited English Proficiency (UP). or low-income status in the admission, access to andtreatmentintheDepartment's programs and activities, as well as the Departments hiring or emplovment practices. Complaints of allegeddiscriminationandinquiriesregardingtheDepartment's nondiscrimination policies may be directed to .loanna P. McFadden Section Head - EEOlDBE (ADA/504/1'itle VI Coordinator). P. O. Box 2261, Little Rock, AR 72203. (501) 569-2298. (Voice/TTY 711). or the followingemailaddressioanna.mcladden rt`ardot eov Free language assistance for Limited English Proficient individuals is available upon request This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotapc and in Braille 8 - CHANGES TO THE STATE HIGHWAY SYSTEM CITY OF FAYETTEVILLE WASHINGTON COUNTY TO MISSOURI k JOHNSON TO SPRINGDALE j r m U. i 112 71 1r ._ 1265)ix FAYETTEVILLE 1 i-L- cc/3 0 LM 6.760 A00,00• refl.°°.°°-' 5 1 .r- 45 0 H ri tom`1 4. 45 16 ® m 112 L U.S. HIGHWAY 71, SECTION 16B i 112, IS HEREBY REMOVED FROM J THE STATE HIGHWAY SYSTEM 2 2 0 O 01180 O 265 W a 0 1 62 IV o 112jFARMINGTON GID Removed ls7l•( f!r Iffillparipmpr Irfirem -vow 0610351114011 0 I1IO 156265srTO1-40 AUTHORIZED BY ACTION OF ROUTE&SECTION MILES ARKANSAS STATE HIGHWAY COMMISSION OLD NEW 1W DarU.S.71 BUS,SECTION 16B 6.760 0.000 MINUTE ORDER NO. 2019-012 ARKANSAS DEPARTMENT DATE January 9,2019 OF TRANSPORTATION EFFECTIVE DATE '2- f7/OtOQ2-D 0 0.75 1.5 Mile TOTAL CHANGE 760 r/ APPROVEDSYSTEMINFORMATION&RESEARCH DIVISION 6-30-2020