HomeMy WebLinkAbout92-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 92-22
File Number: 2022-0311
RECREATIONAL TRAILS PROGRAM GRANT:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A RECREATIONAL TRAILS
PROGRAM GRANT IN THE AMOUNT OF $75,000.00 FOR IMPROVEMENTS TO KESSLER
MOUNTAIN NATURAL SURFACE TRAILS, TO APPROVE AN AGREEMENT OF
UNDERSTANDING WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR
THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, on June 1, 2021, the City Council passed Resolution 168-21 expressing 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 approved a
city match of $25,000.00 for the project; and
WHEREAS, the City received notice in January 2022 that a grant in the amount of $75,000.00 had
been approved; and
WHEREAS, the trails at Kessler Mountain receive heavy traffic due to year-round use from trail
hikers, runners, and mountain bikers and the grant funds will be used to improve the existing Saddle
Up trail with boardwalks and armoring.
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 Mayor Jordan
to accept a grant from the Recreational Trails Program in the amount of $75,000.00 for improvements
to the Kessler Mountain natural surface trails.
Page 1 Printed on 514122
Resolution: 92-22
File Number.' 2022-0311
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign an Agreement of Understanding with the Arkansas Department of Transportation and any other
documents necessary to receive the grant funds.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 5/3/2022
Approved:
Lioneld Jordan, Mayor
Attest:
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Kara Paxton, City Clerk Treasurer: Y 7-rP' XON C
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Page 2 Printed on 514122
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
4/6/2022
Submitted Date
Action Recommendation:
PARKS & RECREATION (520)
Division / Department
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
$ 58,394.00
$ 18,750.00
$ 75,000.00
$
V20210527
Purchase Order Number: Previous Ordinance or Resolution # 168-21
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
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-018, and
LPA-019 Map showing scope of work
Budget Adjustment
t7AR0F r
KANSAS DEPARTMENT
TRANSPORTATION
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Dear Mayor Jordan:
ARKANSAS DEPARTMENT OF TRANSPORTATION
AnDOT.gov I IDriveArkansas.com I Lorie H. Tudor, P.E., Director
10324 Interstate 30 1 P.D. Box 2261 Little Rock, AR 72203-2261
Phone:501,569.2000 1 Voice/TTY711 I Fax:501.569.2400
March 1, 2022
Re: Job 040876
RECEIVED
MAR 0 7 2022
CITY OF FAYETTEVILL.E
MAYOR'S OFFICE
F.A.P. RTP-1302(349)
Fayetteville Kessler Mountain Trail
(RTP-21) (S)
Washington County
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. Mereditfl (@.ai-dot.gov.
Sincerely,
�1`2 /
Minghua Qiu Miller
Staff Program Management Engineer
Enclosure
c: Assistant Chief Engineer — Planning
Transportation Planning and Policy
District 4
I&
SCALE
- 600ft
Kessler Mountain Regional Park Trail System
PROJECT MAP
PRIMARY FOCUS
SECONDARY FOCUS
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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
-1-
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 by 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.
9. 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 the 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, reimbursement requests 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 to persons 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-017).
-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).
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 3
day of 6Aga .20U.
ARKANSAS DEPARTMENT OF
TRANSPORTATION
44LorieH.orP.E.
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.3flV'J
THE TY OF FAY - VILLE
64tl
Lione Jordan
Mayor
t
.AA .< �
tit
City Attorney
All Forms referenced in this Agreement are available in digital format on the Department's
webpage ►rw�}_.;trtlut.r�urllna.
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 V1 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 Departments 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'. lomma incl;ldd ,;_� , ut eu�
Free language assistance for Limited English Proficient individuals is available upon request
This notice is available from the ADA/504/Title Vl Coordinator in large print, on audiotape and in Braille.
-8-
Form LPA-001
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".)
Form LPA-003
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID 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 2 of the United States Code of Federal Regulations,
Part 180 (2 CFR Part 180).
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 or highway. The Davis -
Bacon wage rates will be provided by the Department.
5) "Buy America" Provisions
Because federal highway funds are included in this project, "Buy America" requirements, as
specified in Title 23 of the United States code Section 313 and Title 23 of the code of Federal
Regulations Section 635.410, apply to this project. This requirement applies to all iron and
steel products used on the project. A section of the bidding documents should specify these
requirements as part of the project and it should at least be noted in the advertisement for bids.
Form LPA-004
Please Print on Sponsor Letterhead
Revision of Project Scope and Budget
DATE
Ms. Jessie Jones
Division Engineer — Program Management
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Re: Job #
Job Name
CountV
Dear Ms. Jones:
The scope and/or budget for the project has/have been revised. I certify that:
1) The length of the project will be feet and be feet wide with a/an
surface.
2) Other project changes are as follows:
3) Two maps are attached. One is the project location map, and the other is a close up map
that shows the project termini.
4) The revised budget is $ Federal -aid and $ Sponsor funds for a total
project budget of $
Any substantial changes to the above information will be submitted in writing to ARDOT.
Sincerely,
NAME & OFFICE
(Sponsor's CEO)
Attachments
Form LPA-007
SPONSOR LETTERHEAD
JOB NUMBER
JOB 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:
Form LPA-008
PLEASE PRINT ON SPONSOR LETTERHEAD
CERTIFICATION LETTER
REQUESTING A UTHORITY TO AD PER TISE
DATE
Mr. Rex Vines
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Vines:
Re: Job #
Job Name
Coun
The following documents are submitted concerning the referenced project:
1. One set of plans and specifications.
2. A copy of the preliminary estimate of cost.
3. An unexecuted copy of the bid proposal form.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the
plans and specifications comply with the Americans with Disabilities Act (ADA), the American
Association of State Highway and Transportation Officials (AASHTO) design standards, and all
other applicable state and federal regulations, including airport clearance when necessary, for the
type of work involved.
I understand that if any project items are declared non -participating in federal funds due to
failure to comply with any State or federal requirements, the (Sponsor Name) 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 (Sponsor Name)'s Motor Fuel Tax allotment to the ARDOT's RRA
Fund upon notification by the ARDOT Director of that such funds are due ARDOT and have not
been paid by the (Sponsor Name).
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(Sponsor's CEO)
Enclosures
Form LPA-010
GUIDELINES FOR ADVERTISING AND OPENING BIDS
FEDERAL -AID PROJECTS
Upon receipt of written authorization from the Arkansas Department of Transportation
(Department), the project may be advertised for bids. The following minimum guidelines for
advertising must be met:
• The minimum advertising period is three weeks (21 days).
• 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 (online or print
versions are acceptable).
• 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 forward a copy of the approved advertisement to the Department once
advertisement starts. Any addenda will also be sent to the Department during the
advertisement period.
• The Sponsor will include the following language in the solicitation for bids:
"The (INSERT SPONSOR NAME) 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."
"`Buy America' provisions apply to this project."
"Registration and good standing in the System for Award Management (SAM)
will be required prior to contract execution."
• 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 aloud (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 strictly prohibited.
Form LPA-011
PLEASE PRINT ON SPONSOR LETTERHEAD
CERTIFICATION LETTER
REQUESTING CONCURRENCE INA WARD OF THE CONTRACT
DATE
Mr. Rex Vines
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Vines:
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 (Sponsor Name)'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 (INSERT CONTRACTOR NAME) for
(INSERT LOW BID AMOUNT) is requested.
Sincerely,
Sponsor's CEO
Sponsor's Attorney
Enclosures
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
Revised: 12/11 /20
PAGE 1 OF 2 PAGES
Job No.: Payee/Sponsor: DATE:
FAP: address
County: PAY REQUEST #
Job Name.:
Federal Tax ID No.: FROM:
1 Maximum Approved Federal -aid Amount
2 Original Contract Amount
3 Net Changes by Change Orders
4 Present Contract Total
5 Present Federal -aid Amount (80% of Line 4
or Amount on Line 1, whichever is less)
6 Work Completed to Date
7 Federal Match (80% of Line 6 or amount
on Line 5, whichever is less)
8 Previous Reimbursements (Federal)
9 Amount Due this Estimate
(suhtract Line 8 from Line 7)
a3auga=11
Total changes previously approved
DDITIONS
DEDUCTIONS
Total approved this Request Period
TOTALS
NET CHANGES by Change Order
(Line 3 above)
By:
Title:
By:
Title:
TO:
The information provided in this document is true and correct and I
recommend that payment be made to the Contractor for this work.
Date:
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
Contractor in accordance with the plans and specifications; and that
the Contractor has been paid for this work.
Date:
DEPARTMENT USE ONLY
Recommended for Payment in PAID
Accordance with Project Agreement Approved for Payment
Resident Engineer
State Construction Engineer
Voucher No.
Date:
Form LPA-014
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 12/11/20
PAGE 2 OF 2 PAGES
JOB NUMBER:
FAP: REQUEST NO: DATE:
JOB NAME:
SPONSOR:
FROM: TO:
CONTRACTOR:
A
B
C
D I E
F
G
H
I
ITEM
NO.
DESCRIPTION OF WORK
SCHEDULED
VALUE
WORK COMPLETED
MATERIALS
PRESENTLY
STOCKPILED
NOT IN D or E
TOTAL
COMPLETED &
STOCKPILED
TO DATE D+E+F
%
COMPLETED
(G - C)
BALANCE
TO FINISH
(C - G)
PREVIOUS
REQUESTS
THIS PERIOD
GRAND TOTALS
Form LPA-014
COPY OF SPONSOR'S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM
Sponsor Form LPA-015
LPA Report of Daily Work Performed
Job Name: Job No.:
FAP No.: Contractor:
Date: Hours Worked: — Report No.:
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 Temp. F
Electricians
Comments
Plumbers
Foreman
Other
Other
Location and Description of Work Performed
Special Instructions and/or Conversations
Signed:
Designated Full-time Employee
Form LPA-016
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
1/28/2021
2 CFR Part 200
Form LPA-017
Page 1 of 2
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS
Subpart D - Post Federal Award Requirements
Record Retention and Access
§200.334 Retention requirements for records.
Financial records, supporting documents, statistical
records, and all other non -Federal entity records
pertinent to a Federal award must be retained for a
period of three years from the date of submission
of the final expenditure report or, for Federal
awards that are renewed quarterly or annually,
from the date of the submission of the quarterly or
annual financial report, respectively, as reported to
the Federal awarding agency or pass -through entity
in the case of a subrecipient. Federal awarding
agencies and pass -through entities must not impose
any other record retention requirements upon non -
Federal entities. The only exceptions are the
following:
(a) If any litigation, claim, or audit is started before
the expiration of the 3-year period, the records
must be retained until all litigation, claims, or audit
findings involving the records have been resolved
and final action taken.
(b) When the non -Federal entity is notified in
writing by the Federal awarding agency, cognizant
agency for audit, oversight agency for audit,
cognizant agency for indirect costs, or pass -
through entity to extend the retention period.
(c) Records for real property and equipment
acquired with Federal funds must be retained for 3
years after final disposition.
(d) When records are transferred to or maintained
by the Federal awarding agency or pass -through
entity, the 3-year retention requirement is not
applicable to the non -Federal entity.
(e) Records for program income transactions after
the period of performance. In some cases
recipients must report program income after the
period of performance. Where there is such a
requirement, the retention period for the records
pertaining to the earning of the program income
starts from the end of the non -Federal entity's
fiscal year in which the program income is earned.
(f) Indirect cost rate proposals and cost allocations
plans. 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).
(1) If submitted for negotiation. If the
proposal, plan, or other computation is
required to be submitted to the Federal
Government (or to the pass -through entity) 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.
(2) 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 pass -through entity) 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.
§200.335 Requests for transfer of records.
The Federal awarding agency must request transfer
of certain records to its custody from the non -
Federal entity when it determines that the records
possess long-term retention value. However, in
order to avoid duplicate recordkeeping, the Federal
awarding agency may make arrangements for the
non -Federal entity to retain any records that are
continuously needed for joint use.
§200.336 Methods for collection, transmission,
and storage of information.
The Federal awarding agency and the non -Federal
entity should, whenever practicable, collect,
transmit, and store Federal award -related
information in open and machine-readable formats
rather than in closed formats or on paper in
accordance with applicable legislative
requirements. A machine-readable format is a
format in a standard computer language (not
English text) that can be read automatically by a
web browser or computer system. The Federal
awarding agency or pass -through entity must
always provide or accept paper versions of Federal
award -related information to and from the non -
Federal entity upon request. If paper copies are
submitted, the Federal awarding agency or pass -
through entity must not require more than an
original and two copies. When original records are
1/28/2021 Page 2 of 2
2 CFR Part 200
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS
Subpart D - Post Federal Award Requirements
Record Retention and Access
electronic and cannot be altered, there is no need to
create and retain paper copies. When original
records are paper, electronic versions may be
substituted through the use of duplication or other
forms of electronic media provided that they are
subject to periodic quality control reviews, provide
reasonable safeguards against alteration, and
remain readable.
§200.337 Access to records.
(a) Records of non -Federal entities. The Federal
awarding agency, Inspectors General, the
Comptroller General of the United States, and the
pass -through entity, or any of their authorized
representatives, must have the right of access to
any documents, papers, or other records of the
non -Federal entity which are pertinent to the
Federal award, in order to make audits,
examinations, excerpts, and transcripts. The right
also includes timely and reasonable access to the
non -Federal entity's personnel for the purpose of
interview and discussion related to such
documents.
(b) Extraordinary and rare circumstances. Only
under extraordinary and rare circumstances would
such access include review of the true name of
victims of a crime. Routine monitoring cannot be
considered extraordinary and rare circumstances
that would necessitate access to this information.
When access to the true name of victims of a crime
is necessary, appropriate steps to protect this
sensitive information must be taken by both the
non -Federal entity and the Federal awarding
agency. Any such access, other than under a court
order or subpoena pursuant to a bona fide
confidential investigation, must be approved by the
head of the Federal awarding agency or delegate.
(c) Expiration of right of access. The rights of
access in this section are not limited to the required
retention period but last as long as the records are
retained. Federal awarding agencies and pass -
through entities must not impose any other access
requirements upon non -Federal entities.
§200.338 Restrictions on public access to
records.
No Federal awarding agency may place restrictions
on the non -Federal entity that limit public access to
the records of the non -Federal entity pertinent to a
Federal award, except for protected personally
identifiable information (PII) or when the Federal
awarding agency can demonstrate that such
records will be kept confidential and would have
been exempted from disclosure pursuant to the
Freedom of Information Act (5 U.S.C. 552) or
controlled unclassified information pursuant to
Executive Order 13556 if the records had belonged
to the Federal awarding agency. The Freedom of
Information Act (5 U.S.C. 552) (FOIA) does not
apply to those records that remain under a non -
Federal entity's control except as required under
§200.315. Unless required by Federal, state, local,
and tribal statute, non -Federal entities are not
required to permit public access to their records.
The non -Federal entity's records provided to a
Federal agency generally will be subject to FOIA
and applicable exemptions.
Form LPA-018
CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his knowledge and belief that:
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
subj ect to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
City of Fayetteville
Sponsor
ignat
Lioneld Jordan, Mayor
Name (Sponsor's CEO)
Form LPA-005
OFFICE OF THE MAYOR
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
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
(A) Sub-Awardee — DUNS Number:
07-565-7742
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 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 0
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
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 PARKS &RECREATION (520)
2022
Requestor: Alan Bearden
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Request approval to receive/recognize Federal grant funds of $75,000 administered by ARDOT through the Recreational
Trails Program (RTP) and to transfer funds within project 21005 for the City's match and other expenses planned for the
project work. There is a 20% matching requirement by the City for this grant.
RESOLUTION/ORDINANCE
COUNCIL DATE: 5/3/2022
LEGISTAR FILE ID#: 2022-0311
Hovy 3lack�
4/7/2022 11:52 AM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 5/3/2022
CHKD/POSTED:
TOTAL
Account Number
75,000 75,000
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20220314
Account Name
2250.520.9255-4309.00
- 75,000
21005 2201 RE
Federal Grants - Capital
2250.520.9255-5806.00
2250.520.9255-5806.00
(38,394) -
113,394 -
21005 1 EX
21005 2201 EX
Improvements - Park
Improvements - Park
H:\Budget Adjustments\2022_Budget\CITY COUNCIL\05-03-22\2022-031 1 BA Parks RTP grant for Kessler Saddle Up trail.pdf.xlsm 1 of 1
L14
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
City Clerk Kara Paxton
CC: Susan Norton, Chief of Staff
Paul Becker, Chief Financial Officer
Chris Brown, Public Works Director
Terry Gulley, Asst. Public Works Director
Jonathan Curth, Development Services Director
Steven Dotson, Internal Auditor
FROM: Kit Williams, City Attorney _A� _
DATE: May 2, 2022
RE: Mayor recuperating at home and performing essential duties
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
Mayor Jordan is currently recuperating at home, but is fully capable and
performing the essential duties of his office. One such duty was to clarify how
and when his approval through use of his signature stamp could be exercised.
Ordinances, Resolutions, Contracts and other documents approved by the City
Council may have the Mayor's signature stamp applied upon the unanimous
agreement of the Chief of Staff, Chief Financial Officer and City Attorney. A
similar procedure was used during a rare week or longer vacation for the Mayor
years ago where cell phone service at his vacation spot was not always reliable.
An initial draft of his authority for use of his signature stamp was signed
by Mayor Jordan on Friday April 29th and is attached. Mayor Jordan has just
signed an updated and more specific and complete authorization detailing what
the City Staff should do during this period when staff may speak with him for
any necessary decisions or instructions, but when City Staff is authorized to
perform housekeeping, ministerial, and uncontroversial actions on the Mayor's
behalf. This replacement authority dated today is also attached and supersedes
the April 29th authorization.
Mayor Jordan has also designated his Chief of Staff to handle most of his
normal meetings duties until his full time return to the office. The Vice Mayor
shall conduct all City Council meetings and Agenda sessions as the Mayor
recuperates. If any document proposed for the Mayor's signature has any
questionable aspect, the Chief of Staff shall inquire upon Mayor Jordan s decision
before his signature stamp is used or withheld.
Mayor Jordan remains able to perform his necessary official duties
although much of the noncontroversial, house -keeping measures will be handled
by his Chief of Staff and necessary signatures by use of his signature stamp so
the Mayor can get more needed rest. In the unlikely event that Mayor Jordan
would be deemed by a Circuit Court as being "unable to perform the duties of
office", Mayor Jordan has signed the attached Designation of Chief of Staff Susan
Norton to Perform the Duties of the Office of Mayor If and When Necessary.
A.C.A. §14-43-501 (b)(3)(C) provides that "one of the following individuals
may perform all functions of a mayor during the disability or absence of the
mayor:
(C) An unelected employee or resident of the city if designated by the
mayor and approved by the City Council."
If the City Council does not approve the Mayor's designation of Chief of
Staff Susan Norton, then the Mayor has designated Vice Mayor Sarah Bunch who
as an "elected official of the city" does not need approval of the City Council.
(A.C.A. §14-43-501 (b)(3)(B).
2
OFFICE OF THE MAYOR
April 29, 2022
I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following
approval procedures to be used during any period I am absent from the City, under the
following conditions:
• Until I return to regular office hours Chief of Staff, Susan Norton will have the final
approval necessary for Legistar items
My signature stamp may be used for all of the following:
1. Approval of documents deemed necessary and appropriate by the unanimous
agreement of the following:
o Susan Norton -Chief of Staff
o Paul Becker -Chief Financial Officer
o Kit Williams -Fayetteville City Attorney
2. Ordinances, resolutions, contracts and deeds as needed for items already approved by
the Fayetteville City Council
3. Development documents and other non -agenda items after their approval through the
Le istar process
Lioneld Jordan, yor
`f `.
Date Signed
Witness
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
OFFICE OF THE MAYOR
May 2, 2022
I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following updated
approval and signatory procedures to be used during any week or longer period of time if I need some of
my more signatory and ministerial and/or in -person meeting duties performed for me until I return to
full-time status:
+ Chief of Staff Susan Norton will have the final approval necessary for Legistar items
+ My signature stamp may be used to approve all of the following:
1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the
following:
o Susan Norton -Chief of Staff
o Paul Becker -Chief Financial Officer
o Kit Williams -Fayetteville City Attorney
2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the
Fayetteville City Council
3. Development documents and other non -agenda items after their approval through the Legistar
process
+ Chief of Staff Susan Norton may chair and attend any and all of the meetings I normally chair or
attend (except City Council meetings and Agenda Sessions). Other staff who are already
7powered to represent me in regional boards or commissions may continue to represent me
hose boards�and com fissions
,&, an, y
Date Signed
mwl
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
OFFICE OF THE MAYOR
Designation of Chief of Staff Susan Norton To Perform The Duties Of The Office Of Mayor If
And When Necessary
I, Mayor Lioneld Jordan, remain capable of performing the essential duties of my office
while I recuperate in the hospital or at home. I have established proper procedural guidelines
so that my signature stamp may be used instead of my written signature on documents
approved by the City Council such as Ordinances, Resolutions, Contracts, Grant Application and
Acceptances, and Deeds.
If i become temporarily unable to perform the duties of the Office of Mayor, 1 hereby
designate pursuant to A.C.A. §14-43-501(b)(3)(C) that Chief of Staff Susan Norton shall assume
the powers and duties of Fayetteville Mayor until I am able to resume such powers and duties
myself.
If the City Council fails to approve my designation of Chief of Staff Susan Norton to
perform all functions of Mayor, then I designate Vice Mayor Sarah Bunch pursuant to A.C.A.
§14-43-501(b)(3)(B) to perform all functions of Mayor until I am again able to perform the
duties and functions of Mayor of Fayetteville. /IA
a.z
Date
Witness
LIONELD JO
Mayor
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
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
Zach 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
$ �I
V20210527
Purchase Order Number:
Previous Ordinance or Resolution N168-21 and 92-22
Change Order Number:
Approval Date:
02-08-2023
Original Contract Number
Comments:
CITY OF
FAYETTEVILLE
ARKANS
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
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.
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 2247 to ARDOT 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 2247.
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 $75,465 to $93,750 at a minimum and not to
exceed $113,370. City staff will provide construction administration
Attachments:
SRF
Bid Memo
Bid 2247 Tabulation
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Kit Williams, City Attorney
FROM: Alison Jumper, Directorof Parks, Natural Resources and Cultural Affairs Q1
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 confine 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 property
signed and submitted with the bid.
Mailing Address:
113 W. Mountain Street www.fayetteville-acgov
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, 1 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 Contracfine. LLC for
75$,465.00 is requested.
Enclosures
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
ARDOT Agreement of Understanding - Kessler Mountain Improvements
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
Zach Foster 4/6/2022 PARKS & RECREATION (520)
Submitted By - 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.
2250.520.9255-5806.00
Account Number
21005.2201
Project Number
Budget Impact:
Parks Development
Fund
Trail Pavilion & Neighborhood Park Imp -
Kessler Mountain RTP Grant
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
$ 58,394.00
58,394.00
$ 18,750.00
$ 7S,000.00
$ 114,644.00
Previous Ordinance or Resolution # 168-21
Approval Date:
08/17/2023
V20210527
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-argov
Fayetteville, AR 72701
Attachments:
SRF
RTP Grant Award Cover Letter
Agreement of Understanding with ArDOT with Form(s) LPA-005, LPA-018, and
LPA-019 Map showing scope of work
Budget Adjustment
WAR
KANSAS DEPARTMENT
TRANSPORTATION
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Dear Mayor Jordan:
ARKANSAS DEPARTMENT OF TRANSPORTATION
ARDOT.gov I IDrivoArkansaa.com Lorie H. Tudor, P.E., Director
10324 Interstate 30 I P.D. Box 2261 I Little Rock,AR 72203-2261
Phone;SO1.S69.2000 I Voice/TTY 7111 Fax:501.569.2400
RECEIVED
March 1, 2022 MAR 0 7.2022
CITY'OF'FAYEi'TEVILLE
MAYOR'S OFFICE
Re: Job 040876
F.A.P. RTP-1302(349)
Fayetteville Kessler Mountain Trail
(RTP-21) (S)
Washington County
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.Meiedith cni,ardot gov.
Sincerely,
4�� a- W�14
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
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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:
Project Design:
Right-of-Way/Utilities:
Project Construction:
Project Construction Inspection:
Maximum
Minimum
Federal %
Sponsor %
0
100
0
100
80
20
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:
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.
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
Execution by the Department
60 Days from the Kick-off Meeting
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 I970, 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 the 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, reimbursement requests 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
-4-
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 to persons 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-017). .
- 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).
!tom
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.g2y/lpa.
ARKANSAS DEPARTMENT OF TRANSPORTATION
NOTICE OF NONDISCRIAIINATION
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: joannamcfaddenra)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 audiotape and in Braille.
- 8 -
Form LPA-005
OFFICE OF THE MAYOR
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@fayeffeville-ar.gov.
Sincerely,
Lioneld Jordan
Mayor
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 -www.f6yetteville-ar.gov
A
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.gov4
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
(A) Sub-Awardee — DUNS Number:
07-565-7742
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 0 No Q
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 I
If "Yes" is selected, visit http✓/www.sec.gov/edgarshtml 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
Name:
Name:
Name:
Amount: $
Amount: $
Amount: $
4. Name: Amount: $
Name:
Amount: $
Page 2 of
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
Job No.: 40876 PayeelSponsor: 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
1 Maximum Approved Federal -aid Amount
2 Original Contract Amount
3 Net Changes by Change Orders
4 Present Contract Total
5 Present Federal -aid Amount (80% of Line 4
or Amount on Line 1, whichever is less)
6 Work Completed to Date
7 Federal Match (80% of Line 6 or amount
on Line 5, whichever is less)
8 Previous Reimbursements (Federal)
9 Amount Due this Estimate
4subtract Line 8 from Line 71
$75,000.00
$75,465.00
$75,465.00
$75,000.00
$60,372.00
$64,297.50
$51,438.00
$0.00
$51,438.00;
• '
Total changes previously approved
i
ADDITIONS'
DEDUCTIONS'
Total approved this Request Period
TOTALS
NET CHANGES by Change Order
(Gino 3:ebove)
DEPARTMENT USE ONLY
Recommended for Payment in
Accordance with Project Agreement
Resident Engineer
Revised: 12/11 /20
PAGE 1 OF 2 PAGES
DATE: 8/10/2023
PAY REQUEST# 1
FROM: 4/2412023 TO: 61212023
The information provided in this document is true and correct and I
recommend that payment be made to the Contractor for this work.
By: Zach Foster Date: 8/10/2023
Title: Park Planner 11
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
Cont ctor in dance ith the plans and specifications; and that
e C tractolhas been paid for this work.
Title- Mayor��
Approved -for Payment
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 I 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
y