HomeMy WebLinkAbout106-23 RESOLUTION0 FAy�rrF
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 106-23
File Number: 2023-683
RIFE AND COMPANY INC:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $46,000.00 RECOGNIZING
FEDERAL -AID FUNDING FOR APPRAISAL SERVICES, AND TO APPROVE A CONTRACT FOR APPRAISAL
SERVICES WITH RIFE & COMPANY, INC.
WHEREAS, on January 3, 2017 the City Council approved Resolution No. 27-17 authorizing the Mayor to sign
partnering agreement with the Arkansas Department of Transportation (ARDOT) for improvements to Highway 112
between Razorback Road and Garland Avenue and to approve the reclassification of Highway 112 between 15th Street
and Interstate 49 as a City Street; and
WHEREAS, on September 19, 2027, the Mayor executed an Agreement of Understanding with ARDOT, which
assigned the City the duty of preparing legal descriptions and exhibits for acquisition of right-of-way and easements for
the property; and
WHEREAS, on April 4, 2023 the City was notified that federal -aid funds in the amount of $46,000.00 have been
obligated by ARDOT for appraisal work.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Resolution, recognizing federal -aid funding in the amount of $46,000.00 for appraisal services
for the above -described project, and further authorizes Mayor Jordan to sign a contract for appraisal services with Rife
& Company, LLC in the amount of $46,000.00.
PASSED and APPROVED on May 2, 2023
Page 1
Attest:
•` G� Y O,z"•,G'
C1 • ;:r. .
i-AYc FTFV1Lj.t
Kara Paxton, City Cieriffreasurer
yrr��i i 7l111t1►���,Y,`
Resolution: 106-23
File Number: 2023-683
Page 2
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 2, 2023
TO: Mayor Jordan and City Council
THRU: Chris Brown, Public Works Director
FROM: Paul Libertini
CITY COUNCIL MEMO
2023-683
DATE:
SUBJECT: Hwy 112 (Poplar St to Drake St) - Recognize Federal -aid Funding for Appraisal
Services, and Approve a Contract with Rife & Company Inc. for Appraisal Services
RECOMMENDATION:
Staff recommends City Council approval of a resolution to recognize revenue of $46,000 of Federal -aid
funding, to approve a contract with Rife & Company Inc., and approval of a Budget Adjustment.
BACKGROUND:
On January 3, 2017, City Council approved Resolution No. 27-17 to allow the City to enter into a partnering
agreement with ARDOT (Arkansas Department of Transportation) for improvements to Hwy 112 between
Razorback Road and Garland Avenue and to approve the reclassification of Hwy 112 between 15th Street and
Interstate 49 as a City Street.
On September 19, 2017, the City executed an Agreement of Understanding with ARDOT detailing the
responsibilities of each entity. One such duty is for the City to prepare all legal descriptions and exhibits for the
acquisition of right-of-way and easements for the construction of this project. This duty has been completed
and approved by ARDOT.
On March 27,2023, the City received two bids/responses from our On -Call appraisers (Resolution No. 104-21).
Rife & Company can start the appraisal work immediately for a fee of $46,000, whereas Reed & Associates
are several months out.
DISCUSSION:
On April 4, 2023, the City was notified by ARDOT that federal -aid funds have been obligated and that the City
could release our appraiser to begin work. The federal revenue of $46,000 needs to be recognized for this
project so that we may issue a purchase order to the appraiser.
BUDGET/STAFF IMPACT:
Federal funds of $46,000 have been obligated by ARDOT for appraisal services. The City will pay the
appraiser from the Sales Tax Capital Improvement funds and then submit for reimbursement of expenditures at
100% federal -aid.
ATTACHMENTS: 2023-683 SRF Hwy 112 ARDOT revenue, 2023-683 BA Hwy 112 ARDOT revenue, Tom
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Rife.City of Fayetteville Bid Job 040720, 27-17 RESOLUTION, 170919 Hwy. 112 Partnering Agreement -
Executed
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
- Legislation Text
File #: 2023-683
Hwy 112 (Poplar St to Drake St) - Recognize Federal -aid Funding for Appraisal Services, and
Approve a Contract with Rife & Company Inc. for Appraisal Services
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $46,000.00
RECOGNIZING FEDERAL -AID FUNDING FOR APPRAISAL SERVICES, AND TO APPROVE A
CONTRACT FOR APPRAISAL SERVICES WITH RIFE & COMPANY, INC.
WHEREAS, on January 3, 2017 the City Council approved Resolution No. 27-17 authorizing the
Mayor to sign partnering agreement with the Arkansas Department of Transportation (ARDOT) for
improvements to Highway 112 between Razorback Road and Garland Avenue and to approve the
reclassification of Highway 112 between 15th Street and Interstate 49 as a City Street; and
WHEREAS, on September 19, 2027, the Mayor executed an Agreement of Understanding with
ARDOT, which assigned the City the duty of preparing legal descriptions and exhibits for acquisition of
right-of-way and easements for the property; and
WHEREAS, on April 4, 2023 the City was notified that federal -aid funds in the amount of $46,000.00
have been obligated by ARDOT for appraisal work.
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 approves a budget
adjustment, a copy of which is attached to this Resolution, recognizing federal -aid funding in the
amount of $46,000.00 for appraisal services for the above -described project, and further authorizes
Mayor Jordan to sign a contract for appraisal services with Rife & Company, LLC in the amount of
$46,000.00.
Page 1
City of Fayetteville Staff Review Form
2023-683
Item ID
5/2/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Paul Libertini 4/11/2023 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
A Resolution to recognize revenue of $46,000 of Federal -aid funding from ARDOT (Arkansas Department of
Transportation) for appraisal services for Hwy 112 (Poplar St to Drake St), approve a contract with Rife & Company
Inc., and to approve a Budget Adjustment.
4470.800.8835-5805.00
Account Number
06035.3800
Project Number
Budgeted Item? Yes
Does item have a direct cost? No
Is a Budget Adjustment attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital Improvement
Fund
Hwy 112 (Poplar St - Drake St)
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 121.00
121.00
$ 46,000.00
46,121.00
V20221130
Previous Ordinance or Resolution # 27-17
Approval Date:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
ENGINEERING (621)
/Org2
2023
Requestor: Paul Libertini
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Recognize Federal -aid funds of $46,000 available for real estate appraisals for the Hwy 112 (Poplar St - Drake St) project
which will be 100% reimbursed by the Arkansas Department of Transportation (ARDOT).
COUNCIL DATE: 5/2/2023
ITEM ID#: 2023-683
Noll y Black
417712023 5:40 RIV
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL 46,000 46,000 v.2023323
increase/ (Decrease) Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
4470.800.8835-4309.00 - 46,000 06035 3800 RE Federal Grants - Capital
4470.800.8835-5805.00 46,000 - 06035 3800 EX Land -Acquisition
1 of 1
RIFE & COMPANY
APPRAISERS -CONSULTANTS
1001 North Walton Boulevard
Bentonville, AR 72712
479-273-7406 479-936-6806
THOMAS G. RIFE, MAI, SRA, AMD, AI-GRS
Howard L. Dover, Jr.
March 27, 2023
Ms. Holly Jones
Land Agent
The City of Fayetteville, Arkansas
Engineering Division
125 West Mountain
Fayetteville, AR 72701
RE: Professional Bid for Real Estate Appraisal services for the
Highway 112 improvements, Job 040720 for the City of
Fayetteville, Arkansas and the Arkansas Department of
Transportation (Arpot)
Dear Ms. Jones,
I am, at your request, providing this letter as evidence of
my bid for professional services regarding nine real estate
parcels for the above named Job 040720. I understand the terms
of the bid in preparation of Complete Summary Narrative
Appraisal Reports. If the substance of the scope of work for the
bid changes, then the amount of the bid could change, as well.
I am aware of the locations in question. Any Narrative
Appraisal Reports that would be generated will be in accordance
with the Uniform Standards of Professional Appraisal Practice -by
the Appraisal Standards Board of the Appraisal Foundation, the
Appraisal Institute and the Laws of the State of Arkansas under
the Scope of Work Section. Additionally, the reports will be
prepared in order to meet with the Uniform Appraisal Standards
for Federal Land Acquisitions (2016-Yellow Book).
The work performed will provide the client and its assigns
with a market value analysis of the before and after fee simple
interest of the 9 subject properties. My time frame for
completion is 90 to 120 days after written authorization. The
City of Fayetteville and its assigns will be furnished with two
(2) original reports, plus a .pdf file of the same report, if
necessary. Please remember that this assignment will be
completed based upon my best efforts, not withstanding Acts of
God.
The fee for this project is based on the individual
issues concerning each parcel as the 3 parcels currently owned
by the University of Arkansas will be the most difficult.
Please note the following breakdown:
Parcel
1 -
$10,000
Parcel
2
- $7,000
Parcel
3
- $5,000
Parcel
6
- $4,000
Parcel
7
- $4,000
Parcel
8
- $4,000
Parcel
9
- $4,000
Parcel
10
- $4,000
Parcel
11
- $4,000
TOTAL $46,000
I will require a signed copy of this letter, the legal
description for the sites in question, copies of any surveys
completed, and all other pertinent information concerning the
subject properties. Additionally, I will be leaving on an 18
day vacation in the middle of May, but will have an associate
working on the comparable data and the Reports during that
timeframe.
Because of the size of this assignment, I will require a
50o retainer or $23,000. If you have any questions about
anything contained in this letter or in any attachments, please
call for clarification. My phone number is 479 936 6806. This
bid does not include any court testimony. Should court
testimony be necessary, my billing is on an hourly basis at $250
per hour for court and preparation time with a 3 hour minimum.
I will both provide the necessary input and be signatory
to the mentioned report and will work with Mr. Howard Dover. I
await your reply and thank you for the opportunity. The
completion date for these reports is subject to our receipt of
your authorization. Please let me know if this time frame
is acceptable, as well.
Respectfully submitted,
t =
Thomas G. Rife, MAI, SRA
Arkansas Certified General Appraiser
CGO#354-Certification until June 30, 2023
CG#0354
st
THIS BID FOR PROFESSIONAL SERVICES ACCEPTED:
City of Fayetteville, Arkansas
Holly Jones
Date
1001 Forth Waltor7 Boulevard, Benton-vilte, AR 72712 *#479-273-7406**
479-273-0078 (Fax) touffifeAacl.com Rifeandconipaiiy@cox.net
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 27-17
File Number: 2016-0666
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING
AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD AND
GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112
BETWEEN 15TH STREET AND INTERSTATE 49 AS A CITY STREET.
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as follows:
1. The Department was responsible to fund and handle project development, which is complete. The
Department is also responsible for advertising, awarding the bid, and providing construction inspection.
2. The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly over
the City's budget; and
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
follows:
1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on
Attachment A to this Resolution. The Department will provide the gap funding needed to construct the
project.
Page 1 Primed on 1/4/17
Resolution: 27-17
File Number 2016-0666
2. The City will revise the current design. However, any increase in the current scope that results in a
higher project cost will be the responsibility of the City and will be in addition to the cap amount of
$3,358,600.
3. The Department will advertise and award the project. The City may inspect the project. The
Department will inspect the project if requested by the City.
4. Once the project is let to contract, an increase in cost due to added scope by change order will be the
responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment will
be the responsibility of the Department.
5. The Department will fund the cost to overlay the segments from Maple Street to North Street and from
Leroy Pond Drive north to the beginning of Job 040582. The City may develop, advertise, award and inspect
the project. The Department will provide these services if requested by the City. Any additional scope items
to the Department's typical overlay design that add cost to this improvement will be the responsibility of the
City.
6. The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020 (STIP)
includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to
handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to
Interstate 49. The Department will provide the amount of funding necessary for all phases of work to
develop and construct the typical design section for an urban state highway as shown on Attachment B to
this Resolution. The cost of additional features outside of this standard scope that increase the total cost
beyond that of the typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume ownership
and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown on Attachment
C to this Resolution.
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 approves the City's
participation in this Partnering Agreement in accordance with its designated responsibilities in this project.
Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to execute all
appropriate agreements and contracts necessary to expedite the construction of this project.
Page 2 Printed on 114117
Resolution: 27-17
File Number.' 2016-0666
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support and
hereby requests that the Arkansas State Highway and Transportation Department initiate action to
implement this project.
PASSED and APPROVED on 1/3/2017
Attest:
N Y rm
Sondra E. Smith, City Clerk Treasured
"gyp FAYETTEVILLL
�C mA/G
fe S@ b '• °'�� J} V
Page 3 Printed on 114117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0666
Agenda Date: 1/3/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 4
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
A RESOLUTION TO ALLOW THE CITY OF FAYETTEVILLE TO ENTER INTO A PARTNERING
AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR IMPROVEMENTS TO HIGHWAY 112 BETWEEN RAZORBACK ROAD
AND GARLAND AVENUE, AND TO APPROVE THE RECLASSIFICATION OF HIGHWAY 112
BETWEEN 15TH STREET AND INTERSTATE 49 AS A CITY STREET
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
WHEREAS, the original partnering agreement between the Department and the City was as follows:
1. The Department was responsible to fund and handle project development, which is complete. The
Department is also responsible for advertising, awarding the bid, and providing construction inspection.
2. The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly over
the City's budget; and
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
follows:
1. The amount of City funds available for Job 040582 is capped at $3,358,600.00 as shown on
Attachment A to this Resolution. The Department will provide the gap funding needed to construct the
project.
2. The City will revise the current design. However, any increase in the current scope that results in a
higher project cost will be the responsibility of the City and will be in addition to the cap amount of
$3,358,600.
3. The Department will advertise and award the project. The City may inspect the project. The
Department will inspect the project if requested by the City.
4. Once the project is let to contract, an increase in cost due to added scope by change order will be the
City of Fayetteville, Arkansas Page 1 Printed on 11412017
File Number.' 2016-0666
responsibility of the City. An increase in cost due to a change order for a normal bid item adjustment
will be the responsibility of the Department.
5. The Department will fund the cost to overlay the segments from Maple Street to North Street and
from Leroy Pond Drive north to the beginning of Job 040582. The City may develop, advertise, award
and inspect the project. The Department will provide these services if requested by the City. Any
additional scope items to the Department's typical overlay design that add cost to this improvement will
be the responsibility of the City.
6. The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020 (STIP)
includes a project to widen Highway 112 from Poplar Street to Van Asche Drive. The City desires to
handle all phases of project development, advertise, award, and inspect the portion from Poplar Street to
Interstate 49. The Department will provide the amount of funding necessary for all phases of work to
develop and construct the typical design section for an urban state highway as shown on Attachment B
to this Resolution. The cost of additional features outside of this standard scope that increase the total
cost beyond that of the typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume
ownership and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown
on Attachment C to this Resolution.
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 approves the City's
participation in this Partnering Agreement in accordance with its designated responsibilities in this
project.
Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Jordan to
execute all appropriate agreements and contracts necessary to expedite the construction of this project.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby pledges its full support
and hereby requests that the Arkansas State Highway and Transportation Department initiate action to
implement this project.
City of Fayetteville, Arkansas Page 2 Printed on 11412017
City of Fayetteville Staff Review Form
2016-0666
Legistar File ID
1/3/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 12/16/2016 Engineering /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a Resolution to Enter into a Partnering Agreement with the Arkansas Highway and Transportation
Department to complete certain segments and to Transfer Right of Way Jurisdiction to the City for Highway 112
from 15th Street to 1-49
Account Number
Project Number
Budgeted Item? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Fund
Project Title
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget Ls
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
7ayIffle
1-1
�
ARKANSAS
MEETING OF JANUARY 3, 2017
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Chris Brown, City Engineer C6
DATE: December 16, 2016
SUBJECT: Resolution to Enter a Partnering Agreement with the Arkansas Highway
and Transportation Department to complete certain segments and to
Transfer Right of Way Jurisdiction to the City for Highway 112 from 15tn
Street to 1-49
RECOMMENDATION:
Staff recommends approval of a resolution to partner with the AHTD to widen and improve
portions of Highway 112 between 15th Street and 1-49, and to agree to the transfer of this
segment from the AHTD to the City.
BACKGROUND:
Highway 112 is an Arkansas Highway and Transportation Department (AHTD) owned facility
that functions as a major north -south arterial connecting 1-49 to the north and Highway 71 to the
south, and serves as the main north -south entrance to and access through the University of
Arkansas. Over the past several years, segments of the roadway have been widened and
improved through and near the campus, through a series of partnerships between the City, the
UA, and the AHTD. The UA has planted and maintained the landscaping and trees on
segments through campus and to the south of the. campus since the completion of the widening
and improvements.
In 2014, the City secured an additional $2.4 million in federal -aid funding for another segment of
this route, between Garland Avenue and Razorback Road. However, construction bids received
for the project have been over $4 million on two separate bidding occasions. This has stalled
the construction of the project.
Remaining segments between 15th Street and 1-49 that have not been widened or improved
include Razorback Road, from Maple Street to Leroy Pond Drive, and Garland Avenue from
Poplar Street to 1-49.
DISCUSSION:
After the 2"d time receiving bids over $4 million on the Maple to Razorback segment of Highway
112, the City and UA met with the AHTD and began discussing an arrangement whereby the
AHTD would provide funding to complete the construction of this segment, in exchange for the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City taking over the roadway as a City street. Ultimately, the attached proposal was developed
by the AHTD, which includes:
1. The AHTD will provide additional funding to complete the improvements to the Garland to
Razorback Road segment of Highway 112, and to overlay 112 on either side of this project,
to provide a new condition roadway through the entire campus.
2. The AHTD will complete widening and improvements to Highway 112 north of Poplar to
Van Asche, at no cost to the City. The City will be allowed to manage the design of the
project.
3. In exchange, the City will accept Highway 112 between 15th Street and 1-49 for
maintenance in perpetuity; the route will be removed from the state highway system and
will become a City street.
BUDGET/STAFF IMPACT:
While the proposed resolution does. not obligate any City funds, subsequent agreements and
construction contracts will require matching funds in the amount of $958,600. The UA has
agreed to provide 50% of this amount per the attached letter; therefore, the cost to the City will
be a maximum of $479,300, Funds are available in the Transportation Bond Program for this
match amount.
Operational costs to the City in the short term are expected to be minimal due to the new
condition of the majority of the section to be transferred to the City. Over the long term, overlay
and other pavement maintenance costs will be the most significant expenses expected.
Attachments:
Resolution
Cost Spreadsheet
Map of proposed improvements and segment to be transferred to City
Letter from UA
A
RESOLUTION NO.
A RESOLUTION ALLOWING THE CITY OF FAYETTEVILLE
TO ENTER INTO A PARTNERING AGREEMENT WITH
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
FOR:
Job 040582, Razorback Road - Garland Avenue (Highway 112) (Fayetteville)
WHEREAS, the City of Fayetteville (City) and the Arkansas State Highway and Transportation
Department (Department) have identified a need for improvements to Highway 112 between Razorback
Road and Garland Avenue in Fayetteville; and
follows:
WHEREAS, the original partnering_ agreement between the Department and the City was as
• The Department was responsible to fund and handle project development, which is
complete. The Department is also responsible for advertising, awarding the bid, and
providing construction inspection.
• The City is to fund utilities, construction and construction inspection; and
WHEREAS, bids were received twice on this project, and each time the low bid was significantly
over the City's budget; and
follows:
WHEREAS, in order to move this project forward, a revised partnering agreement is proposed as
• The amount of City funds available for Job 040582 is capped at $3,358,600 as shown on
Attachment A. The Department will provide the gap funding needed to construct the
project;
✓ The City will revise the current design. However, any increase in the current
scope that results in a higher project cost will be the responsibility of the City and
will be in addition to the cap amount of $3,358,600;
✓ The Department will advertise and award the project. The City may inspect the
project. The Department will inspect the project if requested by the City;
✓ Once the project is let to contract, an increase in cost due to added scope by
change order will be the responsibility of the City. An increase in cost due to a
change order for a normal bid item adjustment will be the responsibility of the
Department;
• The Department will fund the cost to overlay the segments from Maple Street to North
Street and from Leroy Pond Drive north to the beginning of Job 040582. The City may
develop, advertise, award and inspect the project. The Department will provide these
I
services if requested by the City. Any additional scope items to the Department's typical
overlay design that add cost to this improvement will be the responsibility of the City;
• The Statewide Transportation Improvement Program for Federal Fiscal Years 2016-2020
(STIP) includes a project to widen Highway 112 from Poplar Street to Van Asche Drive.
The City desires to handle all phases of project development, advertise, award, and
inspect the portion from Poplar Street to Interstate 49. The Department will provide the
amount of funding necessary for all phases of work to develop and construct the typical
design section for an urban state highway as shown on Attachment B. The cost of
additional features outside of this standard scope that increase the total cost beyond that
of the typical design section will be the responsibility of the City; and
WHEREAS, upon completion of the improvements aforementioned, the City agrees to assume
ownership and responsibility of Highway 112 from Highway 16 (15th Street) to Interstate 49 as shown on
Attachment C.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAYETTEVILLE,
ARKANSAS, THAT:
SECTION I: The City of Fayetteville will participate in accordance with its designated
responsibilities in this project.
SECTION II: The Mayor or his designated representative is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite the construction of this project.
SECTION III: The City of Fayetteville pledges its full support and hereby requests that the
Arkansas State Highway and Transportation Department initiate action to implement this project.
THIS RESOLUTION adopted this day of 2016.
Lioneld Jordan
Mayor
ATTEST:
(SEAL)
available for the project.
Federal- Match Total
Note: Job 040582's construction cost estimate is based on the current design. City funds are capped at $3,358,600 in STP-A and matching funds. AHTD is committed to providing the full amount of gap funding necessary for Job 040582,
contingent upon receiving a responsive bid that is within an acceptable range of the engineers estimate. The City of Fayetteville will revise the current design to incorporate some desired changes. Funding for any increases in scope will
be the responsibiity of the City and will be added to the $3,358,600 cap amount. Once the project is let to contract, an increase in cost due to added scope will be the responsibility of the City. An increase in cost due to normal change in
conditions will be the responsibility of the Department.
AHTD is committed to providing funds for the overlay projects using our basic design standards. Funding for any increases in scope will be the responsiblity of the City and be added to the $3,358,600 cap amount.
Q:tWINWORDIDD & COOIInformationlFayettevillelHighway 1121Hwy. 112 Fayetteville Funding Breakdown.xlsx ATTACHMENT A
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2 TYPICAL SECTIONS OF IMPROVEMENT
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ATTACHMENT B
TYPICAL SEC�i TUNS UI iMrKOVEMENT
!OUNIVERSITY OF
ARKANSAS
Facilities Management
December 15, 2016
Chris Brown
City Engineer
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Dear Chris:
Per your request via attached email of Wednesday, December 14, 2016, the University of Arkansas (UA)
remains committed to our cost -sharing (10% City / 10% UA) on the required 20% local match on AHTD Job
4040582 Razorback Rd -Garland Ave (Highway 112) (Fayetteville).
This UA Commitment is on a not -to -exceed basis of $479,300 per the draft resolution and supporting
documents.
The UA remains committed to also working out an appropriate long-term agreement on current and future
maintenance for the roadway sections between 15t' Street and North Street / Wedington Drive. Our
maintenance efforts essentially commenced in 2002-2003 upon completion of the initial section of roadway
between Maple Street and North Street / Wedington Drive. They now include the entire length mentioned
above and for those specific areas covered which will be incorporated in our future agreement. Potential UA
areas in this future agreement to be covered include irrigation systems, tree maintenance, grass maintenance,
pedestrian light maintenance where they exist, core campus crosswalk maintenance, sidewalk maintenance and
related areas.
We look forward to our continued partnership as we complete this long -needed series of safety improvements
and physical changes to this critical link running through our campus and the larger community.
Sincerely,
M.R. Joh s n
Associate ice Chancellor for Facilities
Attachment: Email of 12/14/16 (w/attachments)
B125 Facilities Management • Fayetteville, AR 72701 •479-575-3851 • fama.uark.edu
The ilnivearity ofdrkansas is an equal opportunihvafftrmative action institution.
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF FAYETTEVILLE
11►11:
THE ARKANSAS DEPARTMENT OF TRANSPORTATION
RELATIVE TO
Implementation of Highway 112 Improvements between Highway 16 and Interstate 49 in
Fayetteville, Washington County (hereinafter called the 'Projects").
WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed interest in
partnering with the Arkansas Department of Transportation (hereinafter called the "Department")
for the Projects; and
WHEREAS, Resolution No. 27-17 from the City agrees to contribute $3,358,600 for the
Projects and to accept ownership and responsibility of the portions of Highway 112 between
Highway 16 and Interstate 49 upon completion of the improvements; and
WHEREAS, Arkansas State Highway Commission Minute Order 2017-012 has authorized the
Director to enter into the necessary partnering agreements with the City for the Projects; and
WHEREAS, it is understood that the City and the Department will adhere to the General
Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business
Enterprises (DBEs) (Attachment A) and that, as part of these requirements, the Department may
set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and
related to the potential availability of DBEs in desired areas of expertise.
IT IS HEREBY AGREED that the City and the Department will accept the additional
responsibilities and assigned duties as described hereinafter.
THE CITY WILL:
1. Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave.
(Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North
Street and from Leroy Pond Drive to the beginning of Job 040582:
a. Be responsible for $3,358,600 in project costs as shown in Attachment B for
Job 040582.
b. Be responsible for any increases in construction, right of way, or utility costs
resulting from changes in project scope proposed by the City.
c. Be responsible for any desired revisions to the current design of Job 040582, along
with associated engineering costs.
d. Be responsible for any costs resulting from inclusion of desired revisions in project
scope outside the Department's typical overlay design for the Highway 112 overlays.
e. Prepare plans, specifications, and a cost estimate for construction. A registered
professional engineer must sign the plans and specifications for the Project. (See
Attachment C for items to be included in the bid proposal.)
f. Understand that expenditures for work performed by the City's forces (including
preliminary and construction engineering, environmental documentation, and
right of way acquisition services) are not eligible for reimbursement with federal
funds.
g. Ensure that the plans and specifications comply with the Americans with Disabilities
Act (ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations,
including airport clearance when necessary, for the type of work involved.
h. Submit final plans for Department review.
i. Submit a certification letter (Attachment D), including all items noted, to the
Department when requesting authority to advertise the Projects for construction bids.
j. Advertise for bids in accordance with federal procedures as shown in Attachment E.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
k. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
1. After bids are opened and reviewed, submit a Certification Letter Requesting
Concurrence in Award (Attachment F), including all items noted, to the Department.
in. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction
meeting with the Contractor and invite the Department's Resident Engineer assigned
to the Project.
n. Make payments to the contractor for work accomplished in accordance with the plans
and specifications. Then request reimbursement from the Department for costs
exceeding $2,359,118 on the Construction Certification and Reimbursement Request
(CCRR) form (Attachment G). Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
o. Provide construction engineering and inspection services, including associated costs,
for the Project.
p. Attach LPA Report of Daily Work Performed (Attachment H) for all days that
correspond with each CCRR submittal.
q. Prior to executing the work, submit construction contract change orders to the
Department's Resident Engineer in charge of reimbursements for review and
approval.
r. Be responsible for any increased costs resulting from desired revisions in project
scope, whether during the design phase or during construction as a change order.
s. Upon completion of the Project, hold a final acceptance meeting for the Project and
submit the LPA Final Acceptance Report form certifying that the Project was
accomplished in accordance with the plans and specifications (Attachment I). This
form must be signed by the engineer performing construction inspection on the
Project, the Department's Resident Engineer assigned to the project, the City's full-
time employee in responsible charge, and the City's Mayor.
t. Upon completion of these improvements to Highway 112, accept ownership and
responsibility of the portion of Highway 112, Section 0 between Highway 16
(W. 15th Street) and Highway 112 Spur (Wedington Drive).
-2-
2. Be responsible for the following in relation to projects scheduled to widen Highway 112
between Poplar Street and Interstate 49:
a. Be responsible for hiring a consultant engineering firm(s) in accordance with the
Local Agency Consultant Selection Procedures (Attachment K) to provide
engineering services which include environmental documentation, preliminary
engineering, and construction engineering for the Project. NOTE: FHWA
authorization and Department approval must be given prior to issuing a work
order to the consultant for federal funds to be allowed in this phase.
b. Prepare plans, specifications, and a cost estimate for construction. A registered
professional engineer must sign the plans and specifications for the Project. (See
Attachment C for items to be included in the bid proposal.)
c. Understand that expenditures for work performed by the City's forces (including
preliminary and construction engineering, environmental documentation, and
right of way acquisition services) are not eligible for reimbursement with federal
funds.
d. Make periodic payments to the consultant for preliminary engineering for the Project
and request reimbursement from the Department. Reimbursement requests should be
submitted, at minimum, every three (3) months and not more than once per month.
e. Prepare the necessary environmental documentation as required by FHWA and
conduct any required public involvement meetings and public hearings.
f. Ensure that the plans and specifications comply with the Americans with Disabilities
Act (ADA), the American Association of State Highway and Transportation Officials
(AASHTO) design standards, and all other applicable state and federal regulations,
including airport clearance when necessary, for the type of work involved.
g. Before acquiring property or relocating utilities, contact the Department's Right of
Way Division to obtain the procedures for acquiring right-of-way and adjusting
utilities in compliance with federal regulations. NOTE: Failure to notify the
Department prior to initiating these phases of work may result in all project
expenditures being declared non -participating in federal funds.
h. 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"), and request reimbursement from the Department
i. Ensure the preparation of utility adjustment and right-of-way plans are in accordance
with Arkansas State Highway Commission Policy.
j. Provide a copy of the registered deed or other approved documentation and an
appropriate certification stating the City's clear and unencumbered title to any right-
of-way to be used for the Project (See Attachment L). NOTE: Any property that is
to become Department right-of-way must be acquired in the Highway
Commission's name.
k. Submit plans at 10%, 30%, 60%, and 90% completion stages for Department review.
1. Submit a certification letter (Attachment D), including all items noted, to the
Department when requesting authority to advertise the Project for construction bids.
in. Advertise for bids in accordance with federal procedures as shown in Attachment E.
NOTE: FHWA authorization and Department approval must be given prior to
advertising for construction bids.
-3-
n. Forward a copy of all addenda issued for the Project during the advertisement to the
Department.
o. After bids are opened and reviewed, submit a Certification Letter Requesting
Concurrence in Award (Attachment F), including all items noted, to the Department.
p. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction
meeting with the Contractor and invite the Department's Resident Engineer assigned
to the Project.
q. Make periodic payments to the consultant for construction engineering for the Project
and request reimbursement from the Department. Reimbursement requests should be
submitted, at minimum, every three (3) months and not more than once per month.
r. Make payments to the contractor for work accomplished in accordance with the plans
and specifications and approved by the Department. Then request reimbursement
from the Department on the Construction Certification and Reimbursement Request
(CCRR) form (Attachment G). Reimbursement requests should be submitted, at
minimum, every three (3) months and not more than once per month.
s. Attach LPA Report of Daily Work Performed (Attachment H) for all days that
correspond with each CCRR submittal.
t. Prior to executing the work, submit construction contract change orders to the
Department's Resident Engineer in charge of reimbursements for review and
approval.
u. Be responsible for any increased costs resulting from desired revisions in project
scope that exceed typical highway design criteria, whether during the design phase or
during construction as a change order.
v. Upon completion of the Project, hold a final acceptance meeting for the Project and
submit the LPA Final Acceptance Report form certifying that the Project was
accomplished in accordance with the plans and specifications (Attachment I). This
form must be signed by the engineer performing construction inspection on the
Project, the Department's Resident Engineer assigned to the project, the City's full-
time employee in responsible charge, and the City's Mayor.
w. Upon completion of these improvements to Highway 112, accept ownership and
responsibility of the portion of Highway 112, Section 1 between Highway 112 Spur
(Wedington Drive) and the northbound ramps of Interstate 49.
3. Notify the Department in writing who the City designates as its full-time employee to be in
responsible charge of the day to day oversight of the Projects (Attachment M). The duties
and functions of this person are to:
• Oversee project activities, including those dealing with cost, time, adherence to contract
requirements, construction quality and scope of Federal -aid projects;
• Maintain familiarity of day to day project operations, including project safety issues;
• Make or participate in decisions about changed conditions or scope changes that require
change orders and/or supplemental agreements;
• During construction, visit and review the project on a daily basis;
• Review financial processes, transactions and documentation to ensure that safeguards are
in place to minimize fraud, waste, and abuse;
• Direct project staff, City or consultant, to carry out project administration and contract
oversight, including proper documentation;
• Be aware of the qualifications, assignments and on-the-job performance of the City and
consultant staff at all stages of the project.
4. 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 Projects 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.
5. 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
6. 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.
7. Retain all records relating to inspection and certification, the Contractor's billing statements,
and any other files necessary to document the performance and completion of the work in
accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments (Attachment N).
8. Grant the right of access to the City's records pertinent to the Projects and the right to audit
by the Department and Federal Highway Administration officials.
9. Be responsible for 100% of all project costs incurred should the Project not be completed as
specified.
10. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative
Agreements (Attachment O), which is necessary for Project participation.
11. Repay to the Department the federal share of the cost of any portion of the Projects if, for any
reason, federal participation is removed due to actions or inactions of the City, its agents, its
employees, or its assigns or the City's consultants or contractors or their agents. Such actions
or inactions shall include, but are not limited to, federal non -participation arising from
problems with design plans, specifications, construction, change orders, construction
inspection, or contractor payment procedures. The City understands and agrees that the
Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax
allotment should the City fail to pay to the Department any required funds, fail to complete
the Project as specified, or fail to adequately maintain or operate the Projects.
12. Be responsible for all costs not provided by the Federal Highway Administration or the
Department.
13. Repay to the Department the federal share of the cost of this project if for any reason the
Federal Highway Administration removes federal participation.
-5-
14. Retain total, direct control over the Projects throughout the life of all project improvements
outside of the Department's right-of-way and not, without prior approval from the
Department:
• sell, transfer, or otherwise abandon any portion of the Projects;
• change the intended use of the Projects;
• 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.
15. 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 Projects in accordance with Federal -aid requirements may result in
the City's repayment of federal funds and may result in withholding all future Federal -aid.
16. Submit to the Department a Single Audit in accordance with the Office of Management and
Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of
Federal -aid from any federal source including, but not limited to, the U.S. Department of
Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The
$500,000 threshold is subject to change after OMB periodic reviews.
17. Complete and transmit to the Department both pages of the Federal Funding Accountability
and Transparency Act (FFATA) Reporting Requirements (Attachment P).
18. Agree to promptly refund to the Department in full any and all revenue paid by the
Department based upon claims adjudicated by the Arkansas Claims Commission or other
legal forum sustained on account of the operations or actions of the City, including any act of
omission, neglect or misconduct of the City. This obligation survives the termination or
expiration of this Agreement.
THE DEPARTMENT WILL:
Be responsible for the following in relation to Job 040582, Razorback Rd. -Garland Ave.
(Hwy. 112) (Fayetteville) (S) and overlays on Highway 112 from Maple Street to North
Street and from Leroy Pond Drive to the beginning of Job 040582:
a. Be responsible for all funding beyond the City's share of Job 040582, except for any
increases in cost resulting from changes in project scope proposed by the City.
b. Provide the funding necessary to overlay the segments of Highway 112. Costs will
be limited to those associated with the Department's typical overlay design.
c. Maintain an administrative file for the project and be responsible for administering
Federal -aid funds.
d. Provide environmental clearance for Highway 112 overlays.
e. Review final plans and specifications submitted by the City.
f. 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.
g. Advise the City when to proceed with advertisement of the Project for construction
bids.
h. Review and concur in award of the construction contract for the Project.
M
Ensure that the City and the City's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the City's
representatives and their consultant to verify that the work being performed by the
City's contractor, and documented and certified by the City, meets the requirements
of the Project plans, specifications, and all applicable FHWA and Department
procedures. The Department intends to perform these inspections, at a minimum,
when the construction work is approximately 10% and 50% completed. The
Department will also participate in the final inspection of the Project.
j. Review and approve any necessary change orders for project/program eligibility.
k. Be responsible for increases in project costs due to change orders for normal bid item
adjustments.
1. Reimburse the City 100% for eligible construction costs approved in the CCRR form
(Attachment I). This reimbursement will be limited to the funding available at the
time payment is requested. If the payment requested exceeds the funding available at
the time, the difference will be reimbursed as additional funds for the Project become
available.
in. Subject to the availability of funding allocated for the Project, pay the City the
remaining amount due upon completion of the Project and submittal of the certified
LPA Final Acceptance Report form (Attachment K).
n. Upon completion of these improvements to Highway 112, remove the portion of
Highway 112, Section 0 between Highway 16 (W. 15th Street) and Highway 112
Spur (Wedington Drive) from the State Highway System and transfer ownership and
responsibility to the City.
2. Be responsible for the following in relation to projects scheduled to widen Highway 112
between Poplar Street and Interstate 49:
a. Provide the City the amount of funding necessary for all phases of work to develop
and construct the typical design section for an urban state highway, as shown on
Attachment J, for this portion of Highway 112.
b. Evaluate the proposed typical design section versus the typical design section for an
urban state highway, as shown on Attachment J, and determine how any changes will
affect the estimated cost. City -requested changes to the typical design section that are
determined to be budget -neutral will not require additional funding from the City.
c. Maintain an administrative file for the project and be responsible for administering
Federal -aid funds.
d. Coordinate with the City to procure required professional services such as design
consultants, construction engineering and inspection consultants, and right of way
consultants.
e. Review environmental documentation as prepared by the City.
f. Review plans and specifications submitted by the City.
g. Reimburse the City 100% for eligible professional services, procured using
Department -approved procedures, upon review and approval of reimbursement
requests.
-7-
h. Notify the City when right-of-way and/or utility plans are approved and the City may
proceed with right-of-way acquisition and/or utility adjustments.
i. 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.
j. Advise the City when to proceed with advertisement of the Project for construction
bids.
k. Review and concur in award of the construction contract for the Project.
1. Ensure that the City and the City's consultant provide adequate supervision and
inspection of the Project by performing periodic inspections with the City's
representatives and their consultant to verify that the work being performed by the
City's contractor, and documented and certified by the City, meets the requirements
of the Project plans, specifications, and all applicable FHWA and Department
procedures. The Department intends to perform these inspections, at a minimum,
when the construction work is approximately 10% and 50% completed. The
Department will also participate in the final inspection of the Project.
in. Review and approve any necessary change orders for project/program eligibility.
n. Be responsible for increases in project costs due to change orders for normal bid item
adjustments.
o. Reimburse the City 100% for eligible construction costs approved in the CCRR form
(Attachment G). This reimbursement will be limited to the funding available at the
time payment is requested. If the payment requested exceeds the funding available at
the time, the difference will be reimbursed as additional funds for the Project become
available.
p. Subject to the availability of funding allocated for the Project, pay the City the
remaining amount due upon completion of the Project and submittal of the certified
LPA Final Acceptance Report form (Attachment I).
q. Upon completion of these improvements to Highway 112, remove the portion of
Highway 112, Section 1 between Highway 112 Spur (Wedington Drive) and
Interstate 49 from the State Highway System and transfer ownership and
responsibility to the City.
-8-
IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned
duties as related in this Agreement, such failure may disqualify the City from receiving future
Federal -aid highway funds.
IT IS FURTHER AGREED, that should the City fail to pay to the Department any required
funds due for project implementation 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 City's Motor Fuel Tax allotment.
IN TI'NESS WHEREOF, the parties thereto have executed this Agreement this I Q44,\ day of
2017.
ARKANSAS DEPARTMENT OF
TRANSPORTATION
Ldi ��*
r"i Scott E. Bennett, P.E.
,V Director
OKFAYETTEVILLE
ARKANSAS DEPARTMENT OF TRANSPORTATION
NOTICE OF NONDISCRIMINATION
The Arkansas Department of Transportation (Department) complies with all civil rights provisions of federal statutes and related authorities
that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, the Department does not discriminate
on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety
Administration Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and
treatment in the Department's programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged
discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to Joanna P. McFadden Section Head -
EEO/DBE (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following
email address: jt*slllt:+.n.. - lddct>rt3ntdut.unV
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 acid in Braille.
"I
Attachment A
GENERAL REQUIREMENTS
FOR
RECIPIENTS AND SUB -RECIPIENTS
CONCERNING DISADVANTAGED BUSINESS ENTERPRISES
It is the policy of the U. S. Department of Transportation that disadvantaged
business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with Federal funds under this Agreement. Consequently, the DBE requirements of 49
CFR Part 26 apply to this Agreement.
The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR
Part 26 have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard all recipients or contractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the
maximum opportunity to compete for and perform contracts. Recipients and their
contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of DOT -assisted contracts.
If as a condition of assistance the recipient has submitted and the Department has
approved a disadvantaged business enterprise affirmative action program, which the
recipient agrees to carry out, this program is incorporated into this financial assistance
agreement by reference. This program shall be treated as a legal obligation and failure to
carry out its terms shall be treated as a violation of this financial assistance agreement.
Upon notification to the recipient of its failure to carry out the approved program, the
Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which
sanctions may include termination of the Agreement or other measures that may affect
the ability of the recipient to obtain future DOT financial assistance.
The recipient shall advise each sub -recipient, contractor or subcontractor that
failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and
26.107 shall substitute a breach of contract and after the notification of the Department,
may result in termination of the agreement or contract by the recipient or such remedy as
the recipient deems appropriate.
(NOTE: Where appropriate, the term "recipient" may be modified to mean
"sub -recipient", and the term "contractor" modified to include "subcontractor".)
Project Information
Job Number Description miles Phase Total Cost
Maple Street - North Street
047
Const +CENG
247,500
040582
Razorback Road - Garland Avenue
0.37
Utilities
640,882
Construction
4,250,000
CENG (10%)
425,000
Sub -Total
5,315,882
Leroy Pond Drive - North
0.54 Const+CENG
192,500
City Funds
UP -A Match Total
512,706
128,176
640,882
1,887,294
471.824
2,359,118
358,600
358,600
2,400,000
958,600
3,358,600
rr rrr
958,600
3,358,600
ESTIMATED ADDITIONAL STATE FUNDS
Additional Federal and State funding made available for
improvements if the City agrees to assume ownership and
maintenance of Hwy. 112. This amount will either be increased or
decreased based on the lowest responsive bid received that is
awarded to contract. This amount does not represent a minimum
or maximum of funding made available for the project.
Federal Match Total
198,000
49,500
247,500
1,512,706
378,177
1,890,883
53,120
13,280
66,400
1,565,826
391,457
1,957,283
154,000
38,500
192,500
Note: Job 040582's construction cost estimate is based on the current design. City funds are capped at $3,358,600 in STP-A and matching funds. AHTD is committed to providing the full amount of gap funding necessary fo
Job 040582, contingent upon receiving a responsive bid that is within an acceptable range of the engineers estimate. The City of Fayetteville will revise the current design to incorporate some desired changes.
Funding for any increases in scope will be the responsiblity of the City and will be added to the $3,358,600 cap amount. Once the project is let to contract, an increase in cost due to added scope will be the
responsibility of the City. An increase in cost due to normal change in conditions will be the responsibility of the Department.
AHTD is committed to providing funds for the overlay projects using our basic design standards. Funding for any increases in scope will be the responsiblity of the City and be added to the $3,358,600 cap amount.
11CSD11StatRptlP&C-DIV�_LFPA1ProgramslPaaneringl_Fayetteville_040582_Hwy112lmpvts&RouteDroplAttachmentslB-Fayetteville_040582_Hwy.112 Fayetteville Funding Breakdown.xlsx Attachment B
Attachment C
REQUIRED CONTENTS OF BIDDING PROPOSALS
FEDERAL -AID SURFACE TRANSPORTATION PROGRAM PROJECTS
1) FHWA-1273
Each set of contract documents shall include FHWA-1273, "Required Contract Provisions,
Federal -aid Construction Contracts," and such supplements that may modify the FHWA-1273.
Copies of FHWA-1273 and supplements will be provided by the Department.
2) Anti -Collusion and Debarment Certification
The certification shall either be in the form of an affidavit executed and sworn to by the bidder
before a person who is authorized by the laws of the State to administer oaths or in the form of
an unsworn declaration executed under penalty of perjury of the law of the United States. The
required form for the Anti -Collusion and Debarment Certification will be provided by the
Department. The certification includes:
• Anti -collusion - A statement executed by, or on behalf of the person, firm, association, or
corporation submitting the bid certifying that such person, firm, association, or corporation
has not, either directly or in -directly, entered into any agreement, participated in any
collusion, or otherwise taken any action, in restraint of free competitive bidding in
connection with the submitted bid.
• Debarment - A statement regarding debarment, suspension, ineligibility and voluntary
exclusion as required by Title 49 of the Code of Federal Regulations, Part 29 (49 CFR 29).
Failure to submit the executed Certification as part of the bidding documents will make
the bid nonresponsive and not eligible for award consideration.
3) Lobbying Certification
This certification is required by 49 CFR 20. The form for this certification will be provided
by the Department.
4) Davis -Bacon Pre -determined Minimum Wage Rates
Davis -Bacon requirements apply to all projects greater than $2,000 that are physically located
within the existing right-of-way of a functionally classified city street. The Davis -Bacon wage
rates will be provided by the Department.
Attachment D
CERTIFICATION LETTER
REQUESTING AUTHORITY TO ADVERTISE FOR BIDS
DATE
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
Re: Job #
Job Name
County
The following documents are submitted concerning the referenced project:
1. One reproducible set of plans and specifications.
2. A copy of the engineer's estimate of cost.
3. Copies of any technical specifications or special provisions.
I certify that the plans, specifications and estimate were prepared by or under the direct
supervision of a Professional Engineer licensed to practice in the State of Arkansas and that the
plans and specifications comply with the Americans with Disabilities Act (ADA), the American
Association of State Highway and Transportation Officials (AASHTO) design standards, and all
other applicable state and federal regulations, including airport clearance when necessary, for the
type of work involved.
I understand that if any project items are declared non -participating in federal funds due to
failure to comply with any State or federal requirements, the City will promptly repay such funds
to the Arkansas Department of Transportation (ArDOT). Further, I hereby authorize the Director
of the Arkansas State Department of Finance and Administration to transfer such funds from the
City's gasoline tax allotment to the ArDOT's RRA Fund upon notification by the Director that
such funds are due ArDOT and have not been paid by the City.
Approval to proceed with advertisement of the project for bids is requested.
Sincerely,
NAME & OFFICE
(City's CEO)
Enclosures
Attachment E
GUIDELINES FOR ADVERTISING AND OPENING BIDS
FEDERAL -AID PROJECTS
Upon receipt of written authorization from the Arkansas Department of Transportation, the
project may be advertised for bids. The following minimum guidelines for advertising must be
met:
■ The minimum advertising period is three weeks.
• In addition to meeting the State requirements for advertising for construction projects, the
project must be advertised a minimum of two times in a statewide newspaper.
• The notice must contain: (1) the time, date, and place that sealed bids are to be accepted,
opened, and publicly read; (2) a brief description of the kind or type of work contemplated;
and (3) the place at which prospective bidders may obtain plans and specifications.
• The City will include the following language in the solicitation for bids:
"The City hereby notifies all bidders that this contract is subject to applicable labor
laws, non-discrimination provisions, wage rate laws and other federal laws
including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962
and Title VI of the Civil Rights Act of 1964 also apply."
• All bids received in accordance with the terms of the advertisement shall be publicly opened
and at a minimum, the total amount bid must be read (the City may choose to read the bids
item by item).
• If any bid received is not read aloud, the name of the bidder and the reason for not reading
the bid aloud shall be publicly announced at the letting.
• In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and
licensing contractors must be approved by the Federal Highway Administration.
• Negotiation with contractors during the period following the opening of bids and before
the award of the contract is not permitted.
Attachment F
CERTIFICATION LETTER
REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT
DATE
Mr. Emanuel Banks
Deputy Director and Chief Engineer
Arkansas Department of Transportation
P. O. Box 2261
Little Rock, AR 72203
Dear Mr. Banks:
Re: Job #
Job Nance
County
The following documents are submitted concerning the referenced project:
1. One set of bid tabulations.
2. Justification of award (if low bid amount is greater than 10% over the estimate).
I certify that the referenced project was advertised and bids were received in accordance with the
regulations governing Federal -aid projects and all other applicable state and federal regulations,
and that this process has been reviewed and approved by the City Attorney. Additionally, I
certify that the bid is being awarded to the lowest responsive and qualified bidder and that there
has not been, nor will there be, any negotiations with the contractor or other bidders regarding the
amount bid.
Your concurrence in the award of this contract to CONTRACTOR is requested.
Sincerely,
Mayor
City Attorney
Enclosures
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
Job No:
FAP:
County:
Job Name.:
1 Original Contract Amount
2 Net Changes by Change Orders
3 Present Contract Total
4 Work Completed to Date
5 Previous Reimbursements
6 Amount Due this Estimate
(subtract Line 5 from Line 4)
Payee/City:
address
Federal Tax ID No.:
ORDERGE
Total changes previously approved
ADDITIONS
DEDUCTIONS
Total approved this Request Period
TOTALS
NET CHANGES by Change Order
(Lille 2 above;
By
Title
By:
Title:
Revised: 7/25/17
PAGE 1 OF 2 PAGES
DATE:
PAY REQUEST#
FROM: 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
J Voucher No
State Construction State Construction Engineer Date:
CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST
3 NUMBER'
FAP
JOB NAME:
CITY:
REQUEST NO:
FROM:
CONTRACTOR:
Revised: 3/13/17
PAGE 2 OF 2 PAGES
DATE:
TO:
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
Attachment G
COPY OF CITY°S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM
Attachment H
CITY
LPA Report of Daily Work Performed
Job Name Job No..
FAP No.: Contractor:
Date: Hours Worked. - Report No.:
Site Conditions
Useable
Partly Useable
Not Useable
Min Temp. (F)
Max Temp. (F)
Comments
Project Conditions
Weather
Sunny
Partly Cloudy
Rain
Rainfall Amt. (in.)
Number of Contractor's
Personnel
Laborers
Carpenters
Concrete Laborers
Equip. Operators
Electricians
Plumbers
Foreman
Other
Other
Location and Description of Work Performed
Special Instructions and/or Conversations
Signed:
Designated Full-time Employee
Attachment I
CITY
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
Recommended for Acceptance in
Compliance with Plans and Specifications
Accordance with Project Agreement
and Recommended for Final Acceptance by
City
Engineer
ArDOT Resident Engineer
Project Itecom_mended 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.
CITY's CEO
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TYPICAL SECTIONS OF IMPROVEMENT
Attachment J
Attachment K
LOCAL AGENCY
CONSULTANT SELECTION PROCEDURES
Section I — Application
These procedures apply to federally funded contracts for engineering and design
services for projects. The federal laws and regulations that govern the procurement of
engineering and design related services with Federal -aid highway funds are:
• 23 U.S.C. 112 "Letting of contracts".
• 23 CFR 172 "Administration of Engineering and Design Related Service
Contracts",
• 49 CFR 18 "Uniform Administration Requirements for Grants and
Cooperative Agreements to State and Local Governments" or more
commonly known as the "Common Rule",
40 U.S.C. Chapter 10 Subchapter VI, paragraphs 541-544 or commonly
called the "Brooks Act".
In accordance with the above federal laws and regulations, the Arkansas
Department of Transportation (ArDOT) has approved these procedures for use by the
Local Agency for the "competitive negotiation" method of procurement as defined in 23
CFR 172.5, Methods of Procurement.
The Local Agency will use these procedures for Federal -aid contracts and may
elect to use them for non -Federal -aid contracts.
These procedures do not apply to design -build Contracts.
Section II — Advertisement for Letters of Interest (LOIs).
The Local Agency may employ a consultant engineering firm when a need exists
for engineering services and it is in the Local Agency's best interest to employ an
engineer or engineering firm.
As a minimum, the Local Agency will advertise in a statewide newspaper, the
ArDOT's website and the Local Agency's website (if available), advising that consultant
engineering services are being sought. In addition, the Local Agency may advertise in
appropriate national trade magazines or websites for specialized services. Interested
firms must furnish a Letter of Interest with primary contact information and Architect -
Engineer Qualifications Standard Form 330 Parts I and II. The advertisement will be
for either a specific single project, a group of projects, or for an indefinite delivery of
projects to be determined at a later date with specific task orders issued for each
project.
Attachment K
When the Local Agency advertises a specific project, the advertisement will
describe the work in general terms so that firms may evaluate their interest in
performing the desired services.
When the Local Agency advertises a group of projects, a general description of
work will be furnished. Firms will be asked to specify the projects they are interested in
performing. When the Local Agency decides to proceed with a certain project, those
firms having expressed interest in that project will be considered for selection.
When the Local Agency advertises for an indefinite delivery of projects with later
specified task orders, the advertisement will include a general description of work for the
project tasks.
Section III — Selection Committee.
The Local Agency will designate a Selection Committee (Committee) to evaluate
and analyze the LOIs and Proposals.
Section IV — Evaluation of LOIs.
The Committee will evaluate each consultant firm based on the following
No.
Evaluation Factors for LOls
Maximum Points
Possible
Professional staff including the education, experience,
1
number of personnel available, and any partnerships
10
with sub -consultants
General and professional reputation, including
2
responsiveness to civil rights and equal employment
10
opportunity requirements and opportunities
3
Past work performance
10
4
Experience with projects of a similar nature as those
10
advertised
Total Points for LOI
1 40
Following their review, the selection committee will prepare a short list of
engineering firms and recommend to the Local Agency that these firms submit detailed
proposals for further evaluation.
Section V — Request for Proposal (RFP).
The Local Agency will prepare a scope of work statement and request proposals
from the engineering firms on the short list. For projects with FHWA oversight, the
Local Agency will forward the scope of work statement to ArDOT to forward to FHWA
for review and approval before soliciting RFPs. A Local Agency's scope of work will
typically include the following:
2
Attachment K
1. A detailed description of the work
2. Services that will be furnished by the Local Agency
3. Services expected of the consultant
4. Project conditions of the work
5. Special conditions of the work
6. Assurance of participation of Disadvantaged Business Enterprises
(DBE) in Federal -aid projects. The Local Agency may establish a DBE
goal of a certain percentage of the work for DBE's to assure DBE's
participation in Federal -aid projects. When a DBE goal is specified,
the Local Agency will ensure that a certified DBE(s) performs the
identified engineering work and that the payments to the DBE(s) verify
that the goal was reached. The establishment of a DBE goal does not
preclude a DBE from being the prime consultant for the project.
The short-listed firms should submit proposals that contain the following-
1 . A cover letter with primary contact information
2. A detailed work plan that identifies the major tasks of work
3. A list of major concerns associated with completing the work
4. A detailed work schedule for specific projects as requested
5. A manpower estimate for specific projects as requested
6. Updated Standard Form 330 Parts I and II if necessary
The Committee will review the proposals with particular attention to the following
evaluation factors and the consideration of Section IV. The evaluation factors and
their relative importance will be listed in the RFP if any of the factors are different from
the list below.
No.
Evaluation Factors for Proposals
Maximum Points
Possible
1
Obvious indication that the scope of work is clearly
10
understood
2
Co m rehensive, coherent, and detailed work plan
10
3
1 Realistic work schedule when applicable
10
4
Proposed working office location, need for a local
5
office, and any local representative*
5
Identification of sub -consultants and responsiveness to
5
DBE goals and opportunities
6
Total Points for_LOI
40
80
Total Points for Proposals
*Locality preference may be used on a project by project basis where it is not based on political
boundaries.
Based on these various items, the Committee will rank the firms in order of
preference and submit the list to the Local Agency who will either:
1. Select one firm to enter negotiations with;
3
Attachment K
2. Select multiple firms for an indefinite delivery contract; or
3. Select two or more firms to interview (a firm may present additional
information concerning their proposal at the interview). After the
interviews, the Committee will re-evaluate the firms based on the
interview and the same evaluation factors as noted previously. The
ranked list will be submitted to the Local Agency for review and final
selection.
The contract file will contain records of the rankings and supporting data;
however, the rankings will not be public information. Copies of the LOI advertisement,
the rankings, and supporting data shall be submitted to ArDOT for the contract file.
Section VI — Negotiation and Contract Preparation.
Once a firm is selected for negotiation for a specific job or a group of projects, it
will prepare a draft contract including a cost estimate for the project. The other firms on
the short list will be advised of the firm selected, subject to successful negotiations.
More than one firm may be selected for an indefinite delivery contract. The
contract will establish a maximum cost for the contract as well as an expiration date. As
individual task orders are issued, individual task order cost estimates will be negotiated.
The selected firm will prepare a draft contract based on a sample contract
furnished by the ArDOT. In accordance with the principles of 23 CFR 172, the draft
contract must include an overhead rate that is approved by the ArDOT. The overhead
rate shall be verified by an audit by a certified public accountant on behalf of the
consultant if the contract exceeds $250,000. If the contract is less than $250,000, the
overhead rate shall also be verified by an audit by a certified public accountant on
behalf of the consultant if at least one of the following conditions applies-
1 . when there is insufficient knowledge of the consultant's accounting
system;
2. when there is previous unfavorable experience regarding the reliability
of the consultant's accounting system; or
3. when the contract involves procurement of new equipment or supplies
for which cost experience is lacking.
Pursuant to this requirement, the ArDOT will notify the Local Agency if an audit
by a certified public accountant for the selected firm is necessary. The certified audit
needs to be provided by the selected firm prior to the submission of the final draft
contract.
The Local Agency will review the draft contract proposal and either approve it as
submitted or enter into negotiations with the selected firm to establish a contract and
contract amount that the Local Agency deems is fair and reasonable. If a satisfactory
contract cannot be negotiated with the selected firm, negotiations will be formally
terminated. The Local Agency will then enter into negotiations with the second ranked
firm. If negotiations with that firm fail, the Local Agency will formally terminate those
rd
Attachment K
negotiations and begin to negotiate with the third ranked firm, and so on. If the Local
Agency cannot negotiate a satisfactory contract with any of the firms on the short list,
the Local Agency shall either.
1. Request proposals from additional firms who have submitted LOls and
are considered competent and qualified; evaluate and rank the firms
based on the criteria described in Section V; and continue the
negotiation process, or
2. Terminate all negotiations and begin the selection process again.
When the Local Agency and the consultant agree on a negotiated contract, the
consultant will prepare a final draft and submit it to the Local Agency and ArDOT for
review. After review and a determination that it is acceptable, the consultant will sign
the contract. The Local Agency will then execute the contract. The contract will
subsequently be submitted to ArDOT for final review and approval. When approved,
copies of the signed contract will be distributed within the Local Agency and to the
consultant.
For projects with FHWA oversight and for indefinite delivery contracts utilizing
federal funds, the ArDOT will forward the initial and final drafts of the contract to FHWA
for review and comment. The FHWA approves the final executed contract by stamp
and signature and retains a copy.
After the Local Agency executes an indefinite delivery contract, it will assign
specific projects by task order for the duration of the contract period. The consultant will
prepare each task order based on the scope of work furnished by the Local Agency.
The task order will include a manpower estimate and cost. The Local Agency will
review the task order and approve it as submitted or negotiate with the consultant to
establish a task order and task order amount that the Local Agency deems is fair and
reasonable. After review and a determination that the task order is acceptable, the
consultant will sign the task order. The Local Agency will execute the task order. The
task order will subsequently be submitted to ArDOT for final review and approval. When
approved, copies of the signed task order will be distributed within the Local Agency
and to the consultant. For projects with FHWA oversight, the ArDOT will forward the
initial and final drafts of the task order to FHWA for review and comment. The FHWA
approves the final executed task order by stamp and signature and retains a copy.
Section VII — Monitoring the Contract.
The Local Agency may identify staff members as key liaisons for specific projects
or for technical matters during the administration of the contract period.
The Local Agency will:
1. Maintain the contract files.
2. Arrange and attend periodic progress meetings.
3. Coordinate reviews and approval actions with other agencies when
necessary.
5
Attachment K
4. Review progress payments.
5. Coordinate questions from the consultant.
6. Negotiate any change or amendment to the contract and submit to
ArDOT for review and approval.
7. Prepare an evaluation of the consultant's performance after completion
of the contract. A copy of the evaluation shall be submitted to the
ArDOT.
Section VIII — Consultant Liability
The Local Agency will include a contract requirement that the consultant will
warrant that all services and work products provided as part of the contract are free
from defects in workmanship at the time of acceptance and that the work conforms to
the requirements of the contract. This warrant is effective regardless of the degree of
inspection and acceptance by the Local Agency or others.
If the consultant is required to correct or re -perform any work or services, the
work will be performed at no cost to the Local Agency, and any work or services
corrected or re -performed by the consultant shall also be warranted that it is free from
defects in workmanship. If the consultant fails or refuses to correct or re -perform, the
Local Agency may, by contract or otherwise, correct or replace the deficient items or
services with similar work or services, and charge the cost to the consultant or make an
equitable adjustment in the consultant's reimbursement.
Acceptance is an act of an authorized representative of the Local Agency by
which the Local Agency approves specific services, as partial or complete performance
of the contract. Correction is the elimination of a defect.
N.
Attachment L
CITY LETTERHEAD
JOB NUMBER
JOB DESCRIPTION
COUNTY
Title to the right of way necessary for the construction of this project has been acquired, or will be
acquired, in accordance with applicable Federal Highway Administration procedures.
indicate total number in each category here. Delete any categories not used in this job.
Tract(s)
Options(s)
_ Paid
Donation(s)
Negotiation Pending* - include tract number(s) and statement: "It is anticipated that
this/these tracts) will be acquired by (date). "
Condemnation(s) — (include Order of Possession date or date the Court Order was filed)
Condemnation(s) Pending* - include tract number(s) and anticipated filing date
* If applicable
Idelete the statement in each pair that does not apply
There are no displacees on this project.
-Or-
Relocation Assistance has been provided in accordance with applicable Federal Highway
Administration procedures and all displacees have moved from this project. There was/were #
displacedri•esidence(s)Ibusiness(es)Inersanal pro�er7vletc) on the project.
There are no structures located within the right of way area.
-Or-
All structures have been removed from this project, except for those to be included as demolition
items in the highway contract.
No conflicting utilities are known to exist in the right of way area.
-Or-
Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status
Report.
There are no railroads involved on this project
-OR-
Tract(s) # shown above include(s) # (Permanent/Temporary Construction Easements) for
Railroad.
No right of way in excess of that needed for construction or future maintenance of this project was
acquired.
Certified by: Date:
(Type name)
(Type title)
City Letterhead
(Designating Full -Time Employee
in Responsible Charge)
DATE
Mr. Jared D. Wiley
Division Engineer — Program Management
Arkansas Department of Transportation
P. O. BOX 2261
Little Rock, AR 72203
Dear Mr. Wiley:
Re: Job Name
County
Attachment M
The full-time employee in responsible charge of the day to day oversight for the referenced
project will be (insert emploYee's name). 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. They
can be contacted at (insert phone number or at (inserl email address).
Sincerely,
NAME & OFFICE
(City's CEO)
Attachment N
49 CFR 18.42
UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
Post -Award Requirements
Retention and access requirements for records.
(a) Applicability. (1) This section applies to all
financial and programmatic records, supporting
documents, statistical records, and other records of
grantees or subgrantees which are:
(i) Required to be maintained by the terms of this
part, program regulations or the grant agreement, or
(ii) Otherwise reasonably considered as pertinent to
program regulations or the grant agreement.
(2) This section does not apply to records maintained
by contractors or subcontractors. For a requirement to
place a provision concerning records in certain kinds of
contracts, see Sec. 18.36(i)(10).
(b) Length of retention period. (1) Except as
otherwise provided, records must be retained for three
years from the starting date specified in paragraph (c) of
this section.
(2) If any litigation, claim, negotiation, audit or other
action involving the records has been started before the
expiration of the 3-year period, the records must be
retained until completion of the action and resolution of
all issues which arise from it, or until the end of the
regular 3-year period, whichever is later.
(3) To avoid duplicate recordkeeping, awarding
agencies may make special arrangements with grantees
and subgrantees to retain any records which are
continuously needed for joint use. The awarding agency
will request transfer of records to its custody when it
determines that the records possess long-term retention
value. When the records are transferred to or maintained
by the Federal agency, the 3-year retention requirement
is not applicable to the grantee or subgrantee.
(c) Starting date of retention period--(1) General.
When grant support is continued or renewed at annual
or other intervals, the retention period for the records of
each funding period starts on the day the grantee or
subgrantee submits to the awarding agency its single or
last expenditure report for that period. However, if grant
support is continued or renewed quarterly, the retention
period for each year's records starts on the day the
grantee submits its expenditure report for the last quarter
of the Federal fiscal year. In all other cases, the retention
period starts on the day the grantee submits its final
expenditure report. If an expenditure report has been
waived, the retention period starts on the day the report
would have been due.
(2) Real property and equipment records. The
retention period for real property and equipment records
starts from the date of the disposition or replacement or
transfer at the direction of the awarding agency.
(3) Records for income transactions after grant or
subgrant support. In some cases grantees must report
income after the period of grant support. Where there is
such a requirement, the retention period for the records
pertaining to the eaming of the income starts from the
end of the grantee's fiscal year in which the income is
earned.
(4) Indirect cost rate proposals, cost allocations
plans, etc. This paragraph applies to the following types
of documents, and their supporting records: indirect cost
rate computations or proposals, cost allocation plans,
and any similar accounting computations of the rate at
which a particular group of costs is chargeable (such as
computer usage chargeback rates or composite fringe
benefit rates).
(i) If submitted for negotiation. If the proposal, plan,
or other computation is required to be submitted to the
Federal Government (or to the grantee) to form the basis
for negotiation of the rate, then the 3-year retention
period for its supporting records starts from the date of
such submission.
(ii) If not submitted for negotiation. If the proposal,
plan, or other computation is not required to be
submitted to the Federal Government (or to the grantee)
for negotiation purposes, then the 3-year retention
period for the proposal plan, or computation and its
supporting records starts from the end of the fiscal year
(or other accounting period) covered by the proposal,
plan, or other computation.
(d) Substitution of microfilm. Copies made by
microfilming, photocopying, or similar methods may be
substituted for the original records.
(e) Access to records--(1) Records of grantees and
subgrantees. The awarding agency and the Comptroller
General of the United States, or any of their authorized
representatives, shall have the right of access to any
pertinent books, documents, papers, or other records of
grantees and subgrantees which are pertinent to the
grant, in order to make audits, examinations, excerpts,
and transcripts.
(2) Expiration of right of access. The right of access
in this section must not be limited to the required
retention period but shall last as long as the records are
retained.
(f) Restrictions on public access. The Federal
Freedom of Information Act (5 U.S.C. 552) does not
apply to records unless required by Federal, State, or
local law, grantees and subgrantees are not required to
permit public access to their records.
[Revised as of October 1, 1997]
Attachment O
CERTIFICAThQN FOR GRANTS LOANS, AND COOPERATIVE AGREEMEN'rs
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 15s than $10,000 and not more than $100,000 for each
such failure. /l
Meld Jordan
of Fayetteville
Attachment P
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 (hereinafter called ArDOT (the Arkansas Department of
Transportation)) 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 t_o
25 000. As a sub-awardee, rY e5� I//G 4-E shall
provide the following information to ArDOT in order to fulfill FFATA reporting requirements:
v 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).
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Attachment P
Required Sub-Awardee Information
(A) Sub-Awardee — DUNS Number: Z
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 / S(Circle one)
If "Yes" is selected, answer (C).
(C) Does the public have access to information about the compensation of the executives in your
business or organization (the legal entity to which the DUNS number entered above belongs)
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?
Yes / No (Circle one)
If "Yes" is selected, visit http://Www.sec.govledgar.shtmi for reference.
If "No" is selected, answer (D).
(D) If "No" was selected in question "C", complete the following information for the five (5)
most highly compensated executives in your business or organization (the legal entity to
which the DUNS number entered above belongs). Amount should reflect the Total
Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars.
Sub-Awardee Names and Compensation of Most Highly Compensated Officers
Name: Amount: $
Name: Amount: $
Name: Amount: $
4. Name:
Amount: $
5. Name: _ Amount: $
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