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2257 FEDERAL-AID PROJECT RESOLUTION RESOLUTION NO. ?' A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF WEST MEMPHIS TO UTILIZE FEDERAL-AID FUNDS FOR THE FOLLOWING CITY PROJECT: Rich Road Bridge Replacement WHEREAS, the West Memphis Area Transportation Study has approved Federal-aid Highway Infrastructure Program funds for the project at the following Federal and City participating ratios, up to the maximum Federal-aid available: Type Work Work Phase Federal % City % Projects that reach construction Preliminary Engineering 80 20 Right-of-Way 80 20 Utilities 80 20 Construction 80 20 Construction Engineering 80 20 Projects that never progress to All Phases -0- 100 construction NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS THAT: SECTION I: The City will participate in accordance with its designated responsibilities in this project. SECTION II: The Mayor or his designated representative is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this City project. SECTION III: The City pledges its full support and hereby authorizes the Arkansas Department of Transportation to initiate action to implement this project. THIS RESOLUTION adopted this �'� day of , 2021. e ��--- Marco McClendon Mayor of West Memphis ATTEST: RECE D (SEAL) Clerk' D me AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF WEST MEMPHIS AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION In Cooperation with the U.S. Department of Transportation, Federal Highway Administration RELATIVE TO Implementation of the Rich Road Bridge Replacement, (hereinafter called the "Project") as a Federal-aid Surface Highway Improvement Program project. WHEREAS, funding in Fixing America's Surface Transportation (FAST) Act includes 80% Federal-aid funds to be matched with 20%non-federal funds for certain city projects; and WHEREAS, the City of West Memphis (hereinafter called "Sponsor") has expressed its desire to use Federal-aid funds for the eligible Project and to provide necessary matching cash share for such funds; and WHEREAS, the Sponsor will transmit to the Arkansas Department of Transportation(hereinafter called the "Department") a signed and sealed Resolution from the City Council authorizing the Mayor to execute agreements and contracts with the Department for the Project; and WHEREAS, funding participation will be as follows, subject to the amount of Federal-aid funds and obligation limitation approved and available for the Project: Maximum Minimum Federal % Sponsor% Preliminary Engineering by Consultant 80 20 Right-of-Way/Utilities 80 20 Construction 80 20 Construction Engineering by Consultant 80 20 Department Administrative Costs 80 20 WHEREAS, the Sponsor knows of no legal impediments to the completion of the Project; and WHEREAS, it is understood that the Sponsor and the Department will adhere to the General Requirements for Recipients and Sub-Recipients Concerning Disadvantaged Business Enterprises (DBEs)(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. WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual (available at www.ardot.gov/LPA) which outlines procedures and requirements which must be followed during development and construction of the Project; and Agreement of Understanding Between the City of West Memphis and the Arkansas Department of Transportation WHEREAS, the parties agree, unless specifically stated otherwise, that the provisions of this agreement are not intended to create or confer a third party benefit or right in any person or entity, not a party to this agreement. IT IS HEREBY AGREED that the Sponsor and the Department, in cooperation with the Federal Highway Administration (FHWA), will participate in a cooperative program for implementation and will accept the responsibilities and assigned duties as described hereinafter. THE SPONSOR WILL: 1. Initially submit to the Department $1,000 (20%) to be matched by $4,000 (80%) Federal-aid funds for Department administrative costs associated with state preliminary engineering, which include but are not limited to, on site meetings, environmental review, and plan and specification review. The Sponsor's final cost for this phase will be determined by actual Department charges to preliminary engineering. 2. Be responsible for hiring a consultant engineering firm(s)in accordance with the Local Agency Consultant Selection Procedures (Attachment B*) to provide engineering services which include environmental documentation, preliminary engineering, and construction engineering for the Project. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. 3. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Attachment C* for items to be included in the bid proposal.) 4. Make periodic payments to the consultant for 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. 5. Understand that expenditures for preliminary or construction engineering performed by the Sponsor's forces are not eligible for reimbursement with federal funds. 6. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 7. Ensure that the plans and specifications are developed using the Department's standard drawings and Standard Specifications for Highway Construction(latest edition). 8. 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. 9. Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in compliance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non- participating in federal funds. -2- Agreement of Understanding Between the City of West Memphis and the Arkansas Department of Transportation 10. 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"). 11. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 12. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor's clear and unencumbered title to any right-of-way to be used for the Project(See Attachment D*). NOTE: Any property that is to become Department right-of-way must be acquired in the Department's name. 13. Submit plans at 30%, 60%, and 90% completion stages for Department review. 14. Submit a certification letter (Attachment E*), including all items noted, to the Department when requesting authority to advertise the Projects for construction bids. 15. Advertise for bids in accordance with federal procedures as shown in Attachment F*. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 16. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 17. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment G*), including all items noted, to the Department. 18. Prior to awarding the construction contract,submit a check for$1,000 to be matched by$4,000 (80%) Federal-aid funds for Department administrative costs on the Project during construction. The Sponsor's final share of cost for this phase will be determined by actual Department charges to construction engineering. 19. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Attachment H*). The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal-aid projects; • Maintains familiarity of day to day project operations, including project safety issues; • Makes or participates in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visits and reviews the project on a daily basis; • Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Directs project staff, Sponsor or consultant,to carry out project administration and contract oversight, including proper documentation; • Be aware of the qualifications,assignments and on-the-job performance of the Sponsor and consultant staff at all stages of the project. 20. 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. -3- Agreement of Understanding Between the City of West Memphis and the Arkansas Department of Transportation 21. Ensure that all work, material testing and acceptance, and inspection is conducted in accordance with the Department's Standard Specifications for Highway Construction (latest edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual and with the plans, specifications, and all other applicable FHWA and Department procedures for the Project. 22. 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. 23. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Attachment I*). Reimbursement requests should be submitted, at minimum, every three (3)months and not more than once per month. 24. Attach LPA Report of Daily Work Performed (Attachment J*) for all days that correspond with each CCRR submittal. 25. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. 26. Upon completion of the Project,hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications(Attachment K*). This form must be signed by the engineer performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the Sponsor's full-time employee in responsible charge, and the Sponsor's Mayor. 27. Maintain accounting records to adequately support reimbursement with Federal-aid funds and be responsible for the inspection, measurement and documentation of pay items, and certification of all work in accordance with the plans and specifications for the Project and for monitoring the Contractor and subcontractor(s) for compliance with the provisions of FHWA- 1273, Required Contract Provisions, Federal-aid Construction Contracts, and Supplements. 28. 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. 29. Agree that any and all claims for damages to property or injury to persons caused by any act or omission,negligence, or misconduct from the performance of work by the City's contractor on the Project shall be the sole responsibility of the City's contractor and in this regard the City shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the City with documentation of proof of liability insurance coverage with submission of the signed contract. -4- Agreement of Understanding Between the City of West Memphis and the Arkansas Department of Transportation 30. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the City, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the City. Further,the City by acceptance of this grant,agrees that the Department and the Arkansas State Highway Commission,as the pass-through entity,have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The City also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission,as the pass-through entity,shall not be responsible or liable for any damages whatsoever from the actions of the City, its employees, agents and contractors. 31. 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. 32. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Attachment L*). 33. Grant the right of access to the Sponsor's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. 34. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 35. Be responsible for 100%of any and all expenditures which may be declared non-participating in federal funds, including any such award by the State Claims Commission. 36. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements(Attachment M*), which is necessary for Project participation. 37. Repay to the Department the federal share of the cost of any portion of the Project if, for any reason, federal participation is removed due to actions or inactions of the Sponsor, its agents, its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such actions or inactions shall include,but are not limited to, federal non-participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The Sponsor understands and agrees that the Department may cause necessary funds to be withheld from the Sponsor 's Motor Fuel Tax allotment should the Sponsor fail to pay to the Department any required funds,fail to complete the Project as specified, or fail to adequately maintain or operate the Project. 38. Be responsible for all costs not provided by the Federal Highway Administration. 39. 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- Agreement of Understanding Between the City of West Memphis and the Arkansas Department of Transportation 40. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department's right-of-way and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the Project; • change the intended use of the Project; • make significant alterations to any improvements constructed with Federal-aid funds; or • cease maintenance or operation of a project due to the Project's obsolescence. 41. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the Project in accordance with Federal-aid requirements may result in the Sponsor's repayment of federal funds and may result in withholding all future Federal-aid. 42. Submit to the Department a Single Audit in accordance with the Office of Management and Budget(OMB) Circular A-133 each fiscal year that the Sponsor expends more than $500,000 of Federal-aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the Sponsor's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 43. Make no alterations to the improvements constructed with Federal-aid funds without first consulting with the Department. 44. Promptly notify the Department if the Project improvements outside of the Department's right- of-way are rendered unfit for continued use by natural disaster or other cause. 45. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act(FFATA) Reporting Requirements (Attachment N*). THE DEPARTMENT WILL: 1. Maintain an administrative file for the project and be responsible for administering Federal- aid funds. 2. Review environmental documentation as prepared by the Sponsor. 3. Review plans and specifications submitted by the Sponsor. 4. Notify the Sponsor when right-of-way and/or utility plans are approved and the Sponsor may proceed with right-of-way acquisition and/or utility adjustments. 5. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the appropriate documentation to the file. 6. 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. 7. Advise the Sponsor when to proceed with advertisement of the Project for construction bids. 8. Review bid tabulations and concur in award of the construction contract for the Project. -6- Agreement of Understanding Between the City of West Memphis and the Arkansas Department of Transportation 9. Ensure that the Sponsor and the Sponsor's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the Sponsor's representatives and their consultant to verify that the work being performed by the Sponsor's contractor, and documented and certified by the Sponsor, 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. 10. Review and approve any necessary change orders for project/program eligibility. 11. Reimburse the Sponsor 80%(Federal-aid share) for eligible construction costs approved in the CCRR form (Attachment I*). This reimbursement will be limited to the maximum Federal- aid amount and to the federal amount available at the time payment is requested. If the payment requested exceeds the Federal-aid available at the time, the difference will be reimbursed as additional Federal-aid for the Project becomes available. 12. Subject to the availability of Federal-aid allocated for the Project, pay the Sponsor the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form(Attachment K*). 13. Be reimbursed for costs involved in performing all the services listed above. -7- A� ARKANSAS DEPARTMENT OF TRANSPORTATION A t7OF , ARDOT.gov IDriveArkansas.com Lorie H.Tudor, P.E., Director KANSAS DEPARTMENT 10324 Interstate 30 1 P.O.Box 22611 Little Rock,AR 72203-2261 TRANSPORTATION Phone:501.569.2000 1 Voice/TTY 7111 Fax:501.569.2400 June 23, 2021 The Honorable Marco McClendon Mayor of West Memphis P.O. Box 1728 West Memphis, AR 72301 Re: Rich Road Bridge Replacement Dear Mayor McClendon: Reference is made to your letter requesting that the Department begin project development on the Rich Road Bridge Replacement project recently approved by the West Memphis Area Transportation Study. In order to proceed with a Federal-aid project, your City Council must adopt a resolution (sample enclosed)authorizing you to enter into any necessary agreements with the Department for the project. Then you and the City Attorney must sign the enclosed Agreement of Understanding. Upon receipt of the resolution and Agreement, State and Federal-aid job numbers will be assigned and a copy of the executed Agreement of Understanding will be returned to you. When submitting the Agreement to the Department for execution, please include the completed Attachment H, signed Attachment M, and completed Attachment N. If you have any questions, please contact Carlos Meredith in our Program Management Division at(501) 569-2481 or Carlos.Meredith@ardot.gov. Sincerely, Jared D. Wiley Assistant Chief Engineer—Planning Enclosures c: Deputy Director and Chief Engineer Consultant Contracts Administrator Program Management Roadway Design Transportation Planning and Policy District 1 Ms. Amanda Hicks, WMATS, Study Director