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HomeMy WebLinkAbout168-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 168-21 File Number: 2021-0411 ARKANSAS DEPARTMENT OF TRANSPORTATION - RECREATIONAL TRAILS PROGRAM GRANT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM FUNDS IN THE AMOUNT OF $100,000.00 FOR IMPROVEMENTS TO KESSLER MOUNTAIN NATURAL SURFACE TRAILS, AND TO APPROVE A CITY MATCH OF $25,000.00 FOR THE PROJECT WHEREAS, the City of Fayetteville understands Federal -aid Arkansas Department of Transportation - Transportation Alternatives Program Gran funds are available at 80% federal participation and 20% local match to be used for improvements to the Kessler Mountain Natural Surface Trails; and WHEREAS, the City of Fayetteville understands that Federal -Aid funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement; and WHEREAS, this project, using federal funding, will be open and available for use by the general public and maintained by the Ozark off Road Cyclists. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas expresses its willingness to participate in accordance with its designated responsibilities in this project, including maintenance of this project and providing local matching funds in the amount of $25,000.00. Page 1 Printed on 612121 Resolution. 168-21 File Number 2021-0411 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute all appropriate applications, agreements, and contracts necessary to expedite the construction of the above stated project. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the City of Fayetteville to cooperate with the Arkansas Department of Transportation to initiate action to implement this project. PASSED and APPROVED on 6/1/2021 Approved: Li Id Jordan, Attest: �%\,ERKfffT�,z .����.• CITYO '9' 7 �'. cp F .r Kara Paxton, City Clerk Treagurer AYFr :m: Page 2 Printed on 612121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0411 Agenda Date: 6/1/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.23 ARKANSAS DEPARTMENT OF TRANSPORTATION - RECREATIONAL TRAILS PROGRAM GRANT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM FUNDS IN THE AMOUNT OF $100,000.00 FOR IMPROVEMENTS TO KESSLER MOUNTAIN NATURAL SURFACE TRAILS, AND TO APPROVE A CITY MATCH OF $25,000.00 FOR THE PROJECT WHEREAS, the City of Fayetteville understands Federal -aid Arkansas Department of Transportation - Transportation Alternatives Program Gran funds are available at 80% federal participation and 20% local match to be used for improvements to the Kessler Mountain Natural Surface Trails; and WHEREAS, the City of Fayetteville understands that Federal -Aid funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement; and WHEREAS, this project, using federal funding, will be open and available for use by the general public and maintained by the Ozark off Road Cyclists. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas expresses its willingness to participate in accordance with its designated responsibilities in this project, including maintenance of this project and providing local matching funds in the amount of $25,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute all appropriate applications, agreements, and contracts necessary to expedite the construction of the above stated project. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the City of Fayetteville to cooperate with the Arkansas Department of Transportation to initiate action to implement this project. City of Fayetteville, Arkansas Page 1 Printed on 61212021 File Number: 2021-0411 City of Fayetteville, Arkansas Page 2 Printed on 61212021 Zach Foster City of Fayetteville Staff Review Form 2021-0411 Legistar File ID 6/1/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: 5/14/2021 Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit an application of an 80 percent federal 20 percent local matching grant through the Arkansas Department of Transportation - Recreational Trails Program (RTP) for an award of up to $100,000 and a City match of up to $25,000. This $125,000 total project will be for improvements to Kessler Mountain natural surface trails. Account Number Project Number Budgeted Item? No Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title S S - $ V20180321 Purchase Order Number: Change Order Number: Original Contract Number: Previous Ordinance or Resolution # Approval Date: Comments: Notification of award is expected in November of 2021. No expenditures are expected in 2021. CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 1, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks and Recreation Director Ted Jack, Park Planning Superintendent FROM: Zach Foster, Park Planner II DATE: May 14, 2021 SUBJECT: 2021 Recreation Trails Program Grant Application RECOMMENDATION: Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit an application of an 80 percent federal 20 percent local matching grant through the Arkansas Department of Transportation - Recreational Trails Program (RTP) for an award of up to $100,000 and a City match of up to $25,000. This $125,000 total project will be for improvements to Kessler Mountain natural surface trails. BACKGROUND: Nearly 17 miles of soft surface trails have been constructed at Kessler Mountain between the years 2000 and 2019. The trails receive heavy traffic due to year-round use from trail hikers, runners, and mountain bikers. The Ozark Off Road Cyclists (OORC) have done an outstanding job maintaining the trails. The scope of work included in this grant application builds on OORC's efforts with the installation of wayfinding markers, trail armoring, boardwalks, sitting areas, and overlooks and also includes a new trail head and trail connections. The main area of focus will be Saddle Up trail and a new trail head and trail at the existing baseball field parking lot. DISCUSSION: Construction documents for all improvements will be developed in-house and the project will be sent out for bid as required by the RTP and City's procurement requirements. BUDGET/STAFF IMPACT: If the project is approved for the full amount requested, the City will be responsible for $25,000 of the project construction cost. Award notices are expected in November 2021.This project is not included in an existing budget and no expenditures are expected to occur in 2021 if we are awarded into the program. Funding would be made available from Capital budgets dedication funds in the 2022 budget. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: SRF and RTP Description RTP Application RTP Sample Resolution Recreational Trail Program Description This program, administered by the Arkansas Department of Transportation (ARDOT), provides funding to local project sponsors (public and private/nonprofit agencies) to construct and maintain motorized and non -motorized recreational trails and trail support facilities. The ARDOT works closely with the Federal Highway Administration (FHWA) to administer this Program. The enabling legislation for the program can be reviewed at http://www.fhwa.dot.gov/environment/recreational—trails/. Project sponsors apply for program funds through a competitive process with the applications being reviewed by the Arkansas Recreational Trails Advisory Committee. (ARTAC). ARTAC consists of ten members, nine of whom are appointed by the Governor representing various types of trail users. Successful applicants must submit plans and specifications for the project, provide proof of ownership of the property on which the trail lies, obtain all necessary environmental clearances and permits, and enter into a contract with ARDOT. These sponsors are then responsible for performing the work described in the contract. As work on the project is accomplished, sponsors are eligible to request reimbursement from ARDOT. No "up- front" or "start-up" funds are available. The Recreational Trails Program (RTP) is a reimbursement -type grant program. The program provides for an 80 percent federal share and 20% non-federal share for each project. The main priority in allocating funding is for the construction of new trails and for major maintenance of existing trails. Support facilities such as restrooms, benches, trailhead parking and lighting have been viewed by ARTAC as less important. In the past, FHWA has approved the following as they specifically relate to recreational trails: ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- IFFY 2021 The Arkansas Department of Transportation (ARDOT) administers Recreational Trails Program funding for the purpose of building and performing major maintenance on motorized, non -motorized, and multiple -use trails. Agencies of city, county, state, or federal government and duly incorporated private/non-profit agencies, can apply for these funds if access to the project by the general public is provided throughout the life of the project. A local sponsor must provide at least 20% of the eligible project costs. The local share can be in the form of cash, donated funds, or the documented fair market value of any donated materials or services that are accepted and incorporated into the project. This is a reimbursable program, which means once the sponsor receives an official Notice to Proceed from the ARDOT, up to 80% of the costs directly attributable to the construction of the project can be reimbursed. The local sponsor is responsible for maintaining records and proving that expenses are legitimate and directly related to the project. This may be in the form of receipts, time sheets, etc. **Please Note: A resolution from the Applicant's governing body is required to be submitted with the application. A draft resolution should have been downloaded with this application. DEADLINE for this application is Tuesday, June 1, 2021 at 4:00pm (CDT). Applications received after the deadline will not be reviewed or eligible for funding. If submitting this application via email (preferred), please remit to: LFPAAardot.gov Be sure to attach the application and all additional attachments when submitting the email. Your email Subject should include "2021 RTP Application" along with your Agency Name and the Project Name. If more than one email will be required due to file sizes, include phrasing such as "Email 1 of 2" in the Subject line. ------------ If submitting this application by mail or in person, please remit to: Arkansas Department of Transportation c/o Program Management Division P.O. Box 2261 Little Rock, AR 72203-2261 Enclose one copy of the application and all necessary attachments in a manila envelope with your Agency's name and the Project Name printed on the outside. You should be able to fill out and save this form using Adobe Reader a free software for download. If you are having trouble, please contact Daniel Siskowski at (501) 560-2461 or Daniel. SIkow ki ar t, gov. ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- IFFY 2021 General Information Project Name: Sponsor: Applicant Agency Type: If "Other": ----------- 7 Sponsor DUNS: Primary Contact Prefix: J Name - Title: Organization. - Mailing Address: Street Address and/or P.O. Box City State Zip Code Phone. Fax' Email: Legislative Information U.S. Representative District State Senator District: State Representative Distric (for reporting purposi Project Priority If submitting more than one application, what priority is this project?: Page 1 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- IFFY 2021 Sponsor: Project Name: Project Overview Please provide a detailed project overview. Identify the project limits, including street/ facility name and dimensions of the project. This overview should concisely describe the project such that someone could follow along on a map. Include connectivity to existing or future infrastructure. (3000 character limit) Trail Information (if appiicable1- Trail Width: Linear Feet Note: width should be at least 10 ft. for multi -use trails. Trail Length: [Select Units Trail Surface Material: Page 2 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- FFY 2021 Sponsor: Project Name Project Location County: Metropolitan Planning Organization. Nearest Municipality: Beginning Latitude*: Ending Latitude*: Beginning Longitude'`: Ending Longitude' *Please use decimal degrees (i.e. 35.123456) Property Ownership Check all boxes that apply to your project. ❑ Within City or County right-of-way / no acquisition required ❑ Within State Highway right-of-way ❑ Within Federal lands right-of-way ❑ Within Railroad right-of-way - if yes, provide owner name: ❑ Private Property ❑ Other. Please describe: If Right of Way Acquisition is anticipated: Please note: "The Uniform Act' must be followed for acquisition of any property for federally -funded projects. ❑ Donation Expected ❑ Appraisal Completed ❑ Purchase Option ❑ Purchase Agreement ❑ Willing Seller Page 3 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- FFY 2021 Project Location Map(s) Applicants must submit legible maps of the project location with this application. The map(s) should be good enough quality to be easily -reproducible and should include the following: • Project path. The map should clearly show where the project will be located. • North arrow • Pertinent landmarks • If appropriate, a Legend identifying any other items on the map (i.e. existing paths or sidewalks, previous phases of the project, etc.) This map is an Example of a legible sketch. This sheet will be replaced with the map submitted with this application. Page 4 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- FFY 2021 Sponsor: Project Name: Project Construction Estimate This form is limited to 20 items. If you will have more than 20 items, please utilize the provided Excel Sheet to submit the Project Construction Estimate. Please refer to the 2021 RTP FAQ for a list of common items ineligible for reimbursement with these funds. Item of Work Quantity Units Unit Cost Item Cost 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Total Estimated Project Construction Cost Requested RTP Funds $0.00 Minimum = $20,000, Maximum = $500,000 Local Match (20% minimum) % Federal (80% maximum) � ] Page 5 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- IFFY 2021 Sponsor: Project Name Funding Matching -Funds What is the source of the required 20% match? If donated funds, materials, or services will be used as all or part of the local 20% match, written commitments by the donor(s) must be provided. (Check all that apply) ❑ Budget Item ❑ Donated Cash ❑ Donated Materials ❑ Donated Services, if so, source ❑ Force Account (in-house) ❑ Other, please explain Pro'ect Scalabilit ❑ Volunteer Labor If the entire requested amount of funding is not available and only partial funding is received, will the sponsor still be able to move forward with this project by either providing the additional funding or reducing the scope of the project? LC' Yes C' No Previous Federal Fundina If this project (or a phase of this project) has received Federal RTP or TAP funds previously, please describe the current status of the project(s). (500 character limit) This Space for ARDOT Use Only Page 6 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- FFY 2021 Sponsor: Project Name Project Information This Project will include: Check all boxes that apply to best depict your project. ❑ New trail construction ❑ A relocated project ❑ Rehabilitation of an existing trail ❑ Trailside or trailhead facilities, parking, kiosks, restrooms, access ramps, etc. ❑ Educational publications, brochures, trail maps, safety programs, etc. Intended users of this Project include: ❑ Bicyclists ❑ Walkers/joggers ❑ Overnight/long distance hikers ❑ Equestrians ❑ Aquatic users ❑ Motorcycles ❑ Four wheel drive, four wheel all terrain vehicles Barrier free (if the project does not meet ADA guidelines, trail sponsors must not ❑ install barriers or other features that would make it more difficult for people with disabilities to use the trail) ❑ Other, please explain This Project is part of a designated: ❑ National Recreational Trail ❑ National Historic Trail ❑ Rails to Trails ❑ National Scenic Trail ❑ National Water Trail Page 7 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NQNMOTORIZED TRAILS PROJECT APPLICATION -- FFY 2021 Sponsor. Project Name - Project Benefits How does this project provide an overall benefit to the community(ies)? What L groups will be positively affected? If this project will provide safe routes to school children, include which schools will benefit. (3000 character limit) Project Construction Method: This project will be built by: ❑ Contractor (advertised for bids) ❑ In -House Labor (force account) ❑ Combination of Contractor and In -House Labor Page 8 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONIVIOTORIZED TRAILS PROJECT APPLICATION -- FFY 2021 Sponsor: Project Name: Project Background Please describe any planning or public input processes used in development of this project. If the proposed project is in an existing bicycle/pedestrian plan, street plan, master plan or other long range plan, please identify this as well. (2500 character limit) Page 9 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- IFFY 2021 Sponsor: Project Name: Compliance Statewide Comprehensive Outdoor Recreation Plan (SCORPI Please describe how this project is in compliance with the current SCORP developed by the Arkansas Department of Parks, Heritage and Tourism? (600 character limit) View the SCORP: https:/larkansas.app. box. comlsls9lvzya37omys6lr9bzocrdk1174o51 v Users with Disabilities Please describe what accommodations will be made to provide access to this proj for individuals with disabilities. (600 character limit) Youth Service and Conservation Corps (YSCC) Will YSCC be utilized during construction of the project? If so, verifying documentation must be included with the application to receive credit. Please refer to this web page to locate local and regional groups: http://www.corpsnetwork.or /g impact/corps-by-state n Yes ('; No Page 10 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- FFY 2021 Sponsor: Project Name: Construction Plans and Maintenance Are construction plans currently available for this project? (if Yes, please include a copy with this application) C, Yes C' No If Yes, what level of plans? ❑ Preliminary Plans ❑ Partially Complete Plans ❑ Complete Final Plans If No, provide a brief time line from approval of funds to signed construction contract:, oesicin Engineer ,.All RTP projects that contain structural components (including concrete and asphalt trails) will require design plans certified by a Registered Professional Engineer. Who will develop plans and specifications for this project? (100 character limit) Project Maintenance A statement or letter from the party having maintenance jurisdiction must be submitted with this application. In the statement/letter, describe how maintenance will be accomplished after project completion. Include who will perform maintenance, a maintenance schedule and checklist, and an inspection schedule. Page 11 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONIVIOTORIZED TRAILS PROJECT APPLICATION -- IFFY 2021 Sponsor: Project Name: Environmental Clearance Known Envilronmental Impacts Check all boxes that apply to your project. ❑ Endangered Species ❑ Relocatees ❑ Floodplain / Floodway ❑ State Park / National Forest Property ❑ Historic Structures ❑ Other, please explain Ad'acent Property Im acts ❑ Lakes / Rivers / Streams ❑ Wetlands ❑ Landfills ❑ Public Recreational Lands Does the project adjoin a: ❑ City Park ❑ National Forest ❑ State Park ❑ National Park ❑ Other Public Land If yes to any of the above, please describe the impact and attach a permission letter from the affected authority. Page 12 of 13 ARKANSAS RECREATIONAL TRAILS PROGRAM (RTP) NONMOTORIZED TRAILS PROJECT APPLICATION -- FFY 2021 Sponsor: Project Name: Sponsor Authorization and Certification To be completed by the chief executive officer (Mayor, City Manager, County Judge, Superintendent, President, etc.) By checking the box below, I attest that the information contained in this application is truthful and correct to the best of my knowledge and that the provision of false or misleading Information can lead to the withdrawal of Recreational Trails Program funding. I do hereby certify that I will comply with all federal, state, and ARDOT regulations for submittal of plans and specifications. Additionally, I certify that local matching funds are available for the project. Authorized Signatory: Prefix: II Name: Title: Mailing Address: ❑ I AGREE Street Address and/or P.O. Box City State Zip Code Phone: Fax: Email: 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 (LEP), or low-income status in the admission, access to and treatment in the Department's programs and activities, as well as the Department's hiring or employment practices, Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to Joanna P. McFadden Section Head - EEO/DBE (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501)569-2298, (Voice/TTY 711), or the following email address: jvAtt1i1ta1=5 add4nCr+�t,V Free language assistance for Limited English Proficient individuals is available upon request notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. Page 13 of 13 SAMPLE RESOLUTION RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF SPONSOR NAME TO UTILIZE FEDERAL -AID RECREATIONAL TRAILS PROGRAM FUNDS WHEREAS, Sponsor Name understands Federal -aid Recreational Trails Program Funds are available at 80% federal participation and 20% local match/in kind labor to develop or improve Project Name, and WHEREAS, Sponsor Name understands that Federal -aid Funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement, and WHEREAS, this project, using federal funding, will be open and available for use by the general public and maintained by the applicant for the life of the project. NOW THEREFORE, BE IT RESOLVED BY SPONSOR'S GOVERNING BODYTHAT: SECTION I: Sponsor Name will participate in accordance with its designated responsibility, including maintenance of this project. SECTION II: Title of Sponsor's CEO/CAO is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of the above stated project. SECTION III: Sponsor's Governing Body pledges its full support and hereby authorizes the Arkansas Department of Transportation to initiate action to implement this project. THIS RESOLUTION adopted this day of )2021. Signed: ATTEST: (SEAL) Notes: Name of Sponsor's CEO/CAO • "Sponsor Name" is the name of the Agency (i.e. the City of Anywhere, Universal County, the Arkansas Department of Trails) • "Sponsor's Governing Body" is the group of individuals that make the final financial decisions for the Agency (i.e. City Council, Quorum Court, Board of Directors, Commission) • "Sponsor's CEO/CAO" is the person in charge of the day-to-day activities at the agency (i.e. Mayor, City Manager, County Judge, Executive Director, etc.) • "Project Name" is the name of the project from the application Kessler Park Trail Enhancements Proper Bid Concurrence Letter City of Fayetteville Staff Review Form 2023-0204 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2ach Foster 2/7/2023 PARKS & RECREATION (520) Submitted By Submitted Date Division Department Action Recommendation: Staff recommends the Mayor and City Attorney sign a required document stating the City followed proper bidding procedures for Bid 22-47, Kessler Park Trail Enhancements. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item? Yes Current Budget Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ - V20210527 Purchase Order Number: Previous Ordinance or Resolution # 168-21 and 92-22 Change Order Number: Approval Date: 02-08-2023 Original Contract Number: Comments: CITY OF %PFFAYETTEVILLE ARKANSAS STAFF MEMO TO: Mayor and City Attorney THRU: Susan Norton, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs Ted Jack, Park Planning superintendent FROM: Zach Foster, Park Planner II DATE: February 6, 2023 SUBJECT: Request for Concurrence in Award - Kessler Mountain RTP Grant Staff recommends the Mayor and City Attorney sign a required document stating the City followed proper bidding procedures for Bid 22-47, Kessler Park Trail Enhancements. BACKGROUND: The City was awarded a Recreational Trails Program grant to enhance the natural surface trail system at Kessler Mountain Regional Park. This is an 80/20 matching grant where the City will match the $75,000 Federal award with $18,750 for a total project cost of $93,750. Bid 22-47 was awarded to Rock Solid Trail Contracting, LLC. DISCUSSION: The RTP grant requires Fayetteville to submit certified tabulations of Bid 22-47 to ARCOT for their review and concurrence. This review process is initiated by Form LPA-011, "Request for Concurrence in Award", and must be signed by the Mayor and City Attorney. Form LPA-011 certifies the City followed all proper procedures throughout the bidding process of Bid 22-47. This contract will go before City Council on February 21, 2023, BUDGET/STAFF IMPACT: Total project costs must reach $93,750 to fully use federally awarded RTP grant funds. Rock Solid's bid falls below this amount. Additional work is anticipated via a change order based on unit costs to increase total construction costs from $75,466 to $93,750 at a minimum and not to exceed $113,370. City staff will provide construction administration Attachments: SRF Bid Memo Bid 22-47 Tabulation Mailing Address: 113 W. Mountain Street wwwlayetteville-argov Fayetteville, AR 72701 �� CITY OF FAYETTEVILLE ARKANSAS TO: Kit Williams, City Attorney FROM: Alison Jumper, Directorof Parks, Natural Resources and Cultural Affairs " 4 CC: Ted Jack, Park Planning Superintendent Zach Foster, Park Planner II Les McGaugh, Purchasing Director Amanda Beilfuss, Purchasing Agent DATE: February 6, 2023 SUBJECT: 040876 — Fayetteville Kessler Mountain Trail - Certification Letter This is to confirm that Kessler Mountain Trail Improvements was advertised and bids for the project were received in accordance with regulations governing Federal -aid projects, and that the bid is being awarded to the lowest responsive and qualified bidder. No negotiations have been held with the contractor or other bidders, nor will there be prior to execution of the contract. Rock Solid Trail Contracting, LLC is the apparent low bidder on the project. Their bid submittal has been reviewed to verify that all certifications required of Federal -aid projects (eg., DBE Participation, Anti -Collusion and Debarment, etc.) were properly signed and submitted with the bid. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LPA-011 �' CITY OF FAYETTEVILLE ARKANSAS 2/6/2023 Mr. Rex Vines Deputy Director and Chief Engineer Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # 040876 Fayetteville Kessler Mountain Trail Washington County Dear Mr. Vines: The following documents are submitted concerning the referenced project: 1. One set of bid tabulations. 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 of Fayetteville's 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 Rock Solid Trial Contracting, LLC for $75,465.00 is requested. Mayor y Attorney Enclosures Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ARDOT Agreement of Understanding - Kessler Mountain Improvements Zach Foster Submitted By City of Fayetteville Staff Review Form 2022-0311 Legistar File ID 5/3/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item ARCHIVED 4/6/2022 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation (ARDOT) for the improvements to Kessler Mountain natural surface trails and authorizing the Mayor to sign additional documents as necessary to utilize $75,000.00 in federal -aid funds through the Recreational Trails, Program (RTP) and approving a budget adjustment to recognize the grant revenue and to transfer $38,394 of Park Development funds into this project for the 20% matching requirement and other planned project expenses. Budget Impact: 2250.520.9255-5806.00 Parks Development Account Number Fund 21005.2201 Trail Pavilion & Neighborhood Park Imp - Kessler Mountain RTP Grant Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 58,394.00 I $ 58,394.00 $ 18,750.00 $ 75,000.00 $ 114,644.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # 168-21 Change Order Number: Original Contract Number: Comments: Approval Date: 08/17/2023 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 3, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Alison Jumper, Parks, Natural Resources and Cultural Affairs Director Ted Jack, Park Planning Superintendent FROM: Zach Foster, Park Planner II DATE: April 5, 2022 SUBJECT: 2022-0311 — Recreational Trail Grant Acceptance — Kessler Mountain RECOMMENDATION: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation (ARDOT) for the improvements to Kessler Mountain natural surface trails and authorizing the Mayor to sign additional documents as necessary to utilize $75,000.00 in federal -aid funds through the Recreational Trails Program (RTP) and approving a budget adjustment to recognize the grant revenue and to transfer $38,394 of Park Development funds into this project for the 20% matching requirement and other planned project expenses. BACKGROUND: Staff applied for a $100,000 award from the RTP grant in May 2021 and received $75,000 in January 2022. The trails at Kessler Mountain receive heavy traffic due to year-round use from trail hikers, runners, and mountain bikers. The primary scope of work for this grant is to improve the existing Saddle Up trail with boardwalks and armoring. Saddle Up was constructed early 2020 and after two years it is apparent that springs, surface water, and heavy traffic has caused the trail to be unsuitable for use. Additional items such as trailhead improvements, wayfinding markers, sitting areas, and overlooks will be a secondary focus as funds are available. DISCUSSION: Construction documents for all improvements are being developed in-house and portions of the project will be bid as required by the RTP Grant and City's procurement requirements. Some boardwalk work may be done by city crews. BUDGET/STAFF IMPACT: Total project construction cost is $93,750. The City's match for construction costs is 20% or $18,750. The City is also responsible for 100% of project design, right-of-way/utilities, and inspection. Funds are available in the 2022 Budget. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: SRF RTP Grant Award Cover Letter Agreement of Understanding with ArDOT with Form(s) LPA-005, LPA-01 8, and LPA-019 Map showing scope of work Budget Adjustment ARKANSAS DEPARTMENT OF TRANSPORTATION ARDOT.gov I IDriveArkansas.eom I Loris H. Tudor, P.E., Dirodor ARKANSAS DEPARTMENT 10324 Interstate 30 1 P.D. Box 2261 I Little Rock, AR 72203-2261 OF TRANSPORTATION Phone; 501.569.2000 I Voice/1TY 711 I Fax: 501.569.2400 RECEIVED March 1, 2022 MAR 0 7.2022 CITY OF FAYETfEVILL.E MAYOR'S OFFICE The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Re: Job 040876 F.A.P. RTP-1302(349) Fayetteville Kessler Mountain Trail (RTP-21) (S) Washington County Dear Mayor Jordan: Reference is made to the Fayetteville Kessler Mountain Trail project which was awarded Recreational Trails Program funding. In order to proceed, you and the City Attorney must sign the enclosed Agreement of Understanding and return it to the Department. A copy of the Agreement of Understanding will be returned to you once fully executed. When submitting the Agreement to the Department for execution, you will also need to complete Form LPA-005, Form LPA-018, and Form LPA-019. If you have any questions, please contact Carlos Meredith in our Program Management Division at (501) 569-2481 or Carlos.Meredith@ardot.gov. Sincerely, Minghua Qiu Miller Staff Program Management Engineer Enclosure c: Assistant Chief Engineer — Planning Transportation Planning and Policy District 4 Kessler Mountain Regional Park Trail System PROJECT MAP / - - S S I ft / —.�e.=.� Regional Pa 'fir > O' U Dist Palm} i\N7iYtlge [ugl�nin8 Rtl: WC_200 � - . , e-_---------•-- - _ c I .. { v � I _- . - Ora��\`art l / .`,. Y {v �.J, - / Ater..-.+ - . v I f �r / - — w ! I SCALE 3- / / `_p�i I —. 600k ' PRIMARY FOCUS SECONDARY FOCUS Park Planning 3/18/2022 AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION In Cooperation with the U. S. Department of Transportation Federal Highway Administration RELATIVE TO Implementation of Job 040876, Fayetteville Kessler Mountain Trail (RTP-21) (S) (hereinafter called the "Project") as an Arkansas Recreational Trails Program (RTP) NonMotorized project. WHEREAS, funding in the Infrastructure Investment and Jobs Act (IIJA) includes 80% Federal - aid funds to be matched with 20% non-federal funds for approved RTP projects; and WHEREAS, the City of Fayetteville (hereinafter called "Sponsor") has expressed its desire to use Federal -aid funds for the eligible Project and to provide necessary matching for such funds; and WHEREAS, the Sponsor has transmitted to the Arkansas Department of Transportation (hereinafter called the "Department") Resolution No. 168-21 from the Sponsor's governing body authorizing the Sponsor's CEO or their designated representative to execute agreements and contracts with the Department for the Project; and WHEREAS, funding participation will be as follows, subject to a limit of $75,000 maximum Federal -aid approved for the Project: Maximum Minimum Federal % Sponsor % Project Design: 0 100 Right-of-Way/Utilities: 0 100 Project Construction: 80 20 Project Construction Inspection: 0 100 WHEREAS, the Sponsor understands that these funds have been awarded for specific project purposes, not for the Sponsor to utilize until expended; and WHEREAS, the Sponsor knows of no legal impediments to the completion of the Project; and WHEREAS, it is understood that the Sponsor and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Form LPA-001) 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; and Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual (available at ARDOT.gov) which outlines procedures and requirements which must be followed during development and construction of the Project; and WHEREAS, the parties agree, unless specifically stated otherwise, that the provisions of this agreement are not intended to created or confer a third party benefit or right in any person or entity, not a party to this agreement. IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal Highway Administration (FHWA), will participate in a cooperative program for implementation of the Project and will accept the responsibilities and assigned duties as described hereinafter. THE SPONSOR WILL: 1. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Form LPA-005). If the designated full time employee changes, the Sponsor must notify the Department by resubmitting Form LPA-005. The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; • Maintains familiarity of day to day project operations, including project safety issues; • Makes or participates in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visits and reviews the project on a daily basis; • Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Directs project staff, Sponsor or consultant, to carry out project administration and contract oversight, including proper documentation; • Be aware of the qualifications, assignments and on-the-job performance of the Sponsor and consultant staff at all stages of the project. 2. Sponsors that require a reduction or modification to the scope of their project will submit the Revision of Project Scope and Budget (Form LPA-004) with the signed Agreement of Understanding. 3. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the project if the project includes design of structural components. (See Form LPA-003 for items to be included in the bid proposal.) Plans which include the design of only non -infrastructure components will not require a registered stamp. 4. Be responsible for any necessary coordination with affected railroads including preliminary and final plan review and for executing any formal railroad maintenance and construction agreements that may be necessary for the project. This includes ensuring that potential bidders are aware of railroad coordination required during construction including flagging services and insurance. 5. Submit plans at 30%, 60%, and 90% completion stages for Department review. -2- Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation 6. Submit the following deliverables for the Project by the listed deadline or risk possible cancellation of the Federal -aid award or significant delay of the Project. If a deadline is missed, the Sponsor may be required to submit a reason for the delay and request a time extension in writing. Deliverable Deadline Signed Agreement of Understanding for 60 Days from the Kick-off Meeting Execution b the Department 30% Complete Plans for Review 180 Days from the Kick-off Meeting 60% Complete Plans for Review 90 Days from the return of Department comments on previous set of plans 90% Complete Plans for Review 90 Days from the return of Department comments on previous set of plans Final Plans, Bid Documents, and 90 Days from the return of Department Request for Authority to Advertise comments on previous set of plans 7. Complete the process for all permits that might be required for the project. This could include, but is not limited to, the US Army Corp of Engineers Section 404 permit; and the Arkansas Department of Environmental Quality's Section 401 Water Quality Certification, Short Term Activity Authorization, and National Pollutant Discharge Elimination System permit. The Section 404 permitting application(s) and/or determination information should be submitted with the plans to the Department in order to aid in the completion of the environmental documentation. 8. Provide any necessary higher levels of investigation for the required environmental document should the Project have uncertain or significant cultural, environmental or social impacts; have a likelihood of generating controversy; and/or possible economic impacts. For projects located on federal lands, the Sponsor must submit a completed environmental document for the Project, approved by the agency with authority over the federal lands. Comply with provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, FHWA RTP Guidance, and any other Federal, State, and/or local laws, rules and/or regulations. (See Form LPA-003 for items to be included in the bid proposal). 10. Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in conformance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non- participating in federal funds. 11. 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"). 12. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor's clear and unencumbered title to any right-of-way to be used for the Project and the land is accessible to the general public for recreational or transportation purposes (See Form LPA-007). If property has been acquired for the Project, use Form LPA-006 for certification of the right-of-way. -3- Agreement of Understanding Between die City of Fayetteville and the Arkansas Department of Transportation 13. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 14. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 15. Refrain from any Project construction for which the Sponsor expects monetary reimbursement until a Notice to Proceed is received from the Department. 16. If the project is to be advertised, it must be done in accordance with federal procedures as shown in Form LPA-010. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 17. Forward a copy of all addenda to the Project during the advertisement to the Department. 18. After bids are opened and reviewed, submit a certification (Form LPA-011), including all items noted, to the Department and request concurrence in award of the contract. 19. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre - construction meeting with the Contractor and must invite the Department's Resident Engineer assigned to the Project. 20. Construct the Project in accordance to plans and specifications that were developed by the Sponsor, or the Sponsor's representative, and were reviewed and approved by the Department prior to the issuance of the Notice to Proceed. 21. Perform construction inspection in accordance with the Guideline for Inspection of Locally Administered Construction Contracts for Transportation Alternatives Program (TAP) Projects and Recreational Trails Program (RTP) Projects (Form LPA-023). 22. 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 (Form LPA-014). For projects being constructed using the Sponsor's forces, reimbursementrequests will also be submitted using the CCRR. Requests for reimbursement must be made at least once every three (3) months that construction projects are active in order to avoid being put on the FHWA inactive project list. 23. Attach Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. 24. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the Department's Resident Engineer assigned to the project for review and approval for program eligibility. 25. Upon project completion hold a final acceptance meeting for the Project and submit the Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Form LPA-016). This form must be signed by the engineer performing construction inspection on the Project, , the Department's Resident Engineer Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation assigned to the project, the Sponsor's full-time employee in responsible charge, and the Sponsor's CEO. 26. 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. 27. 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. 28. Agree that any and all claims for damages to property or injury topersons caused by any act or omission, negligence, or misconduct from the performance of work by the Sponsor's contractor on the Project shall be the sole responsibility of the Sponsor's contractor and in this regard the Sponsor 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 Sponsor with documentation of proof of liability insurance coverage with submission of the signed contract. 29. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the Sponsor. Further, the Sponsor 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 Sponsor 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 Sponsor, its employees, agents and contractors. 30. 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. 31. 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 2 CFR Part 200 .- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Form LPA-0 17). -5- Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation 32. Grant the right of access to Sponsor's records pertinent to this Project and the right to audit by the Department and Federal Highway Administration officials. 33. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 34. Be responsible for 100% of any and all expenditures for which federal funds do not participate or that are not approved for federal funds. 35. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. 36. Repay to the Department the federal share of the cost of any portion of this Project if, for any reason, federal participation is removed due to actions or inactions of the Sponsor, its agents, its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non -participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The Sponsor understands and agrees that the Department may cause necessary funds to be withheld from the Sponsor's Motor Fuel Tax allotment should the Sponsor fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Project. 37. Repay all federal funds if this is determined necessary for any reason. 38. Retain total, direct control over the Project throughout the life of the improvements and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the Project; • change the intended use of the Project as approved; • make significant alterations to any improvements constructed with Federal -aid funds; or • cease maintenance or operation of 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 Sponsor's repayment of Federal funds and may result in the withholding of all future Federal -aid funds. 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 Sponsor expends more than $500,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the Sponsor's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 41. Promptly notify the Department if the Project is rendered unfit for continued use by natural disaster or other cause. 42. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Form LPA-019). -6- Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation 43. After each quarter of the calendar year, complete and transmit to the Department the LPA Project Quarterly Report Form (Form LPA-020) until the project is complete. THE DEPARTMENT WILL: 1. Maintain an administrative file for the Project and be responsible for administering Federal -aid funds. 2. Request review from the Arkansas Historic Preservation Program (AHPP). 3. Provide routine environmental documentation for the Project. 4. Notify the Sponsor when right-of-way and/or utility plans are approved and the Sponsor may proceed with right-of-way acquisition and/or utility adjustments. 5. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the appropriate documentation to the file. 6. Review plans and specifications for project/program eligibility. 7. 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. 8. Advise the Sponsor when to proceed with Project construction or advertisement of the Project for construction bids. 9. Review bid tabulations and concur in award of the construction contract for the Project. 10. Participate in the Sponsor's preconstruction and final acceptance meetings. 11. Visually verify (insofar as is reasonably possible) that the work meets contract requirements before reimbursement is made to the Sponsor. 12. Review and approve any necessary change orders for project/program eligibility. 13. Reimburse the Sponsor 80% (Federal -aid share) for eligible costs up to the maximum Federal - aid amount as approved in the CCRR form (Form LPA-014). This reimbursement will be limited to the maximum Federal -aid amount and to the federal amount available at the time payment is requested. If the payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. 14. Subject to the availability of Federal -aid allocated for the Project, pay the Sponsor the remaining amount due upon completion of the Project and submittal of the certified Final Acceptance Report form (Form LPA-016). 15. Provide all form updates via email to the contact as shown on Form LPA-005. -7- Agreement of Understanding Between the City of Fayetteville and the Arkansas Department of Transportation IT IS FURTHER AGREED that the Department reserves the right to cancel the Project without liability against the Department for any reason including, but not limited to, unreasonable delay or lack of progress, the Sponsor is unable to provide an audit -worthy reason for the substantial delay in the project development or completion process,' or the Sponsor is unresponsive to the Department's requests. IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure may disqualify the Sponsor from receiving all future Federal -aid funds administered by the Department. IT IS FURTHER AGREED that should the Sponsor fail to pay to the Department any required funds due for implementation of the Project or fail to complete the Project as specified in this Agreement, or fail to adequately maintain or operate the Project, the Department may cause such funds as may be required to be withheld from the Sponsor's Motor Fuel Tax allotment. IN WITNESS WHEREOF, the parties thereto have executed this Agreement on this day of , 20_ ARKANSAS DEPARTMENT OF TRANSPORTATION Lorie H. Tudor, P.E. Director THE CITY OF FAYETTEVILLE Lioneld Jordan Mayor Kit Williams City Attorney All Forms referenced in this Agreement are available in digital format on the Department's webpage www.ardot.gov/Ipa. 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 (LEP), or low-income status in the admission, access to and treatment in the Department's programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to Joanna P. McFadden Section Head - EEO/DBE (ADA/504/I'itle VI Coordinator). P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: ioanna.mcfaddenardot.cov 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 audiotape and in Braille. - 8 - OFFICE OF THE MAYOR Form LPA-005 Designating Full -Time Employee in Responsible Charge April 5, 2022 Ms. Jessie Jones Division Engineer — Program Management Arkansas Department of Transportation P.O. Box 2261 Little Rock, AR 72203 RE: Job #040876 Job Name: Fayetteville Kessler Mountain Trail (RTP-21) County: Washington Dear Ms. Jones: The full-time employee in responsible charge of the day to day oversight for the referenced project will be Zach Foster. 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) 444-3472 or by email at zfoster@fayetteville-ar.gov. Sincerely, Lioneld Jordan Mayor City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov .1 Form LPA-018 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. City of Fayetteville Sponsor Signature Lioneld Jordan, Mayor Name (Sponsor's CEO) Form LPA-019 Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to https://www. fsrs.gov/) FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.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; 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 Form LPA-019 Required Sub-Awardee Information 07-565-7742 (A) Sub-Awardee — DUNS Number: N/A 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 Q No® 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 Q If "Yes" is selected, visit http://www.sec.gov/edgar.shtml 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: Amount: 2. Name: Amount: 3. Name: Amount: $ 4. - Name: Amount: $ 5. Name: Amount: $ Page 2 of 2 CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST PAGE 1 OF Job No.: 40876 Payee/Sponsor: City of Fayetteville FAP: RTP-1302(349) address 113 W Mountain St County: Washington Fayetteville, AR 72701 Job Name.: Fayetteville Kessler Mountain Trail Federal Tax ID No.: 71.6018462 DATE: 8/10/2023 PAY REQUEST # I Revised: 12/11/20 2 PAGES FROM: 4/24/2023 TO: 6/2/2023 1 Maximum Approved Federal -aid Amount $75,000.00 The information provided in this document is true and correct and I recommend that payment be made to the Contractor for this work. 2 Original Contract Amount $75,465.00 3 Net Changes by Change Orders 4 Present Contract Total $75,465.00 By: Zach Foster Date: 8/10/2023 5 Present Federal -aid Amount (80% of Line 4 $75,000.00 or Amount on Line 1, whichever is less) $60,372.00 Title: Park Planner II 6 Work Completed to Date $64,297.50 7 Federal Match (80% of Line 6 or amount on Line 5, whichever is less) $51,438.00 8 Previous Reimbursements (Federal) $0.00 9 Amount Due this Estimate $51,438.00Sponsor's• (subtract Line 8 from Line 7) • ' Total changes previously approved ADDITIONS DEDUCTIONS Total approved this Request Period TOTALS NET CHANGES by Change Order (Lino 3 above) DEPARTMENT USE ONLY Recommended for Payment in Accordance with Project Agreement Resident Engineer Payment is requested from the Arkansas Department of Transportation for the Amount Due. I certify that the Contractor and/or subcontractor(s) are complying with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements; that the work has been completed by the Cant ctor in a dance ith the plans and specifications; and that 7 , e C tractofhas been paid for this work. Title: Mayor"" Approved for Payment State Construction Engineer Date: 08/17/2023 Voucher No. Date: CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 12/11/20 PAGE 2 OF 2 PAGES JOB NUMBER: 40876 FAP: RTP-1302(349) REQUEST NO: 1 DATE: 8/10/2023 JOB NAME: Fayetteville Kessler Mountain Trail FROM: 4/24/2023 TO: 6/2/2023 SPONSOR: City of Fayetteville CONTRACTOR: Rock Solid Trail Contracting, LLC A B C D E F G H I WORK COMPLETED MATERIALS TOTAL % BALANCE ITEM DESCRIPTION OF WORK SCHEDULED PRESENTLY COMPLETED & COMPLETED TO FINISH PREVIOUS NO. VALUE REQUESTS THIS PERIOD STOCKPILED STOCKPILED (G _ C) (C - G) (NOT IN D or E) TO DATE (D+E+F) 1 Mobilization $800.00 $800.00 $800.00 100.00% 2 Bonds & Insurance $1,495.00 $1,495.00 $1,495.00 100.00% 3 Armoring $51,810.00 $46,942.50 $46,942.50 90.61% $4,867.50 4 Grade Reversal $540.00 $180.00 $180.00 33.33% $360.00 5 Ground Decking $1,800.00 $1,404.00 $1,404.00 78.00% $396.00 6 Low Bridge $17,820.00 $12,276.00 $12,276.00 . 68.89% $5,544.00 7 Open Space Area $1,200.00 $1,200.00 $1,200.00 100.00% GRAND TOTALS $75,465.00 $64,297.50 $64,297.50 $11,167.50 Form LPA-014 COPY OF SPONSORS PAYMENT CHECK FOR HIS ESTIMATE MUST BE ATTACHED TO T HNS FORM