Loading...
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: �<<ri�tr►irri► ER Kara Paxton, City Clerk Treasurer: Y 7-rP' XON C hmliO - 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 I-.-_-- .---•--•- .-..-_.- - I L 0 l h 0 L� 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. tor *�J .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 - _- - Fc ! IrPyotin" 61 � 40 ' �. •.. � .`i.. " f J -� f 11 i„ ,. .. 4 'j tt 5 S L 'E R r t o u i,ast'13..rS e� � ,.; 1rJudg8�tU1711rin9``r'Y�4 F?d0 , � • � � O A L • P A R K ll E O r E I fkbinuv "r n r GY o e: SCALE ' ;' {. r� 600k'�- , - - ,r! �+ r r 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