Common use of THE SPONSOR WILL Clause in Contracts

THE SPONSOR WILL. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Form LPA-005). If the designated full time employee changes, the Sponsor must notify the Department by resubmitting Form LPA-005. The duties and functions of this person are: Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal-aid projects; 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, 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. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Form LPA-003 for items to be included in the bid proposal.) Be responsible for any necessary coordination with effected railroads including preliminary and final plan review and for executing any formal railroad maintenance and construction agreements that may be necessary for the project. This includes ensuring that potential bidders are aware of railroad coordination required during construction including flagging services and insurance. Complete the process for all permits that might be required for the project. This could include, but is not limited to, the US Army Corp of Engineers Section 404 permit; and the Arkansas Department of Environmental Quality’s Section 401 Water Quality Certification, Short Term Activity Authorization, and National Pollutant Discharge Elimination System permit. The Section 404 permitting application(s) and/or determination information should be submitted with the plans to the Department in order to aid in the completion of the environmental documentation. Provide any necessary higher levels of investigation for the required environmental document should the Project have uncertain or significant cultural, environmental or social impacts; have a likelihood of generating controversy; and/or possible economic impacts. For projects located on federal lands, the Sponsor must submit a completed environmental document for the Project, approved by the agency with authority over the federal lands. 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 (See Form LPA-003 for items to be included in the bid proposal). Before acquiring property or relocating utilities, contact the Department’s Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in conformance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non‑participating in federal funds. 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”). Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor’s clear and unencumbered title to any right-of-way to be used for the Project and the land is accessible to the general public for recreational or transportation purposes (See Form LPA-007). If property has been acquired for the Project, use Form LPA‑006 for certification of the right-of-way. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. Advertise for bids in accordance with federal procedures as shown in Form LPA-010. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. Forward a copy of all addenda to the Project during the advertisement to the Department. After bids are opened and reviewed, submit a certification (Form LPA-012), including all items noted, to the Department and request concurrence in award of the contract. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre‑construction meeting with the Contractor and must invite the Department’s Resident Engineer assigned to the Project. Perform construction inspection in accordance with the Guideline for Inspection of Locally Administered Construction Contracts for Transportation Alternatives Program (TAP) Projects and Recreational Trails Program (RTP) Projects (Form LPA-023). Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Form LPA-014). Attach Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the Department’s Resident Engineer assigned to the project for review and approval for program eligibility. 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 (Form LPA-016). 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 CEO. 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. 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. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the Sponsor’s contractor on the Project shall be the sole responsibility of the Sponsor’s contractor and in this regard the Sponsor shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the Sponsor with documentation of proof of liability insurance coverage with submission of the signed contract. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass-through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The Sponsor also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass-through entity, shall not be responsible or liable for any damages whatsoever from the actions of the Sponsor, its employees, agents and contractors. 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. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Form LPA-017). Grant the right of access to Sponsor’s records pertinent to this Project and the right to audit by the Department and Federal Highway Administration officials. Be responsible for its portion of the total project cost and 1% of the contract amount for Department administration costs. The funds to be submitted for Department administrative costs shall have a maximum value equaling 1% of the TAP award plus the required non‑federal match. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. Be responsible for 100% of any and all expenditures for which federal funds do not participate or that are not approved for federal funds. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. Repay to the Department the federal share of the cost of any portion of this Project if, for any reason, federal participation is removed due to actions or inactions of the Sponsor, its agents, its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non-participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The Sponsor understands and agrees that the Department may cause necessary funds to be withheld from the Sponsor's Motor Fuel Tax allotment should the Sponsor fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Project. Repay all federal funds if this is determined necessary for any reason. Retain total, direct control over the Project throughout the life of the improvements and not, without prior approval from the Department: sell, transfer, or otherwise abandon any portion of the Project; change the intended use of the Project as approved; make significant alterations to any improvements constructed with Federal-aid funds; or cease maintenance or operation of a project due to the Project's obsolescence. 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.

THE SPONSOR WILL. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Form LPA-005). If the designated full time employee changes, the Sponsor must notify the Department by resubmitting Form LPA-005. The duties and functions of this person are: Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal-aid projects; Maintain familiarity of day to day project operations, including project safety issues; Make or participate participates 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, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; Direct 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. Sponsors that require a reduction or modification to the scope of their project will submit the Revision of Project Scope and Budget (Form LPA-004) with the signed Agreement of Understanding. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Projectproject if the project includes design of structural components. (See Form LPA-003 for items to be included in the bid proposal.) Plans which include the design of only non-infrastructure components will not require a registered stamp. Be responsible for any necessary coordination with effected affected railroads including preliminary and final plan review and for executing any formal railroad maintenance and construction agreements that may be necessary for the project. This includes ensuring that potential bidders are aware of railroad coordination required during construction including flagging services and insurance. Submit plans at 30%, 60%, and 90% completion stages for Department review. Submit the following deliverables for the Project by the listed deadline or risk possible cancellation of the Federal-aid award or significant delay of the Project. If a deadline is missed, the Sponsor may be required to submit a reason for the delay and request a time extension in writing. Signed Agreement of Understanding for Execution by the Department 60 Days from the Kick-off Meeting 30% Complete Plans for Review 180 Days from the Kick-off Meeting 60% Complete Plans for Review 90 Days from the return of Department comments on previous set of plans 90% Complete Plans for Review 90 Days from the return of Department comments on previous set of plans Final Plans, Bid Documents, and Request for Authority to Advertise 90 Days from the return of Department comments on previous set of plans Complete the process for all permits that might be required for the project. This could include, but is not limited to, the US Army Corp of Engineers Section 404 permit; and the Arkansas Department of Environmental Quality’s Section 401 Water Quality Certification, Short Term Activity Authorization, and National Pollutant Discharge Elimination System permit. The Section 404 permitting application(s) and/or determination information should be submitted with the plans to the Department in order to aid in the completion of the environmental documentation. Provide any necessary higher levels of investigation for the required environmental document should the Project have uncertain or significant cultural, environmental or social impacts; have a likelihood of generating controversy; and/or possible economic impacts. For projects located on federal lands, the Sponsor must submit a completed environmental document for the Project, approved by the agency with authority over the federal lands. Ensure that the plans and specifications comply Comply with provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act (ADA)of 1973, Title VI of the American Association Civil Rights Act of State Highway and Transportation Officials (AASHTO) design standards1964, FHWA RTP Guidance, and all any other applicable state and federal Federal, State, and/or local laws, rules and/or regulations, including airport clearance when necessary, for the type of work involved . (See Form LPA-003 for items to be included in the bid proposal). Before acquiring property or relocating utilities, contact the Department’s Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in conformance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non‑participating non-participating in federal funds. 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”). Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor’s clear and unencumbered title to any right-of-way to be used for the Project and the land is accessible to the general public for recreational or transportation purposes (See Form LPA-007). If property has been acquired for the Project, use Form LPA‑006 for certification of the right-of-way. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. Advertise Refrain from any Project construction for bids which the Sponsor expects monetary reimbursement until a Notice to Proceed is received from the Department. If the project is to be advertised, it must be done in accordance with federal procedures as shown in Form LPA-010. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. Forward a copy of all addenda to the Project during the advertisement to the Department. After bids are opened and reviewed, submit a certification (Form LPA-012LPA-011), including all items noted, to the Department and request concurrence in award of the contract. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre‑construction pre-construction meeting with the Contractor and must invite the Department’s Resident Engineer assigned to the Project. Construct the Project in accordance to plans and specifications that were developed by the Sponsor, or the Sponsor’s representative, and were reviewed and approved by the Department prior to the issuance of the Notice to Proceed. Perform construction inspection in accordance with the Guideline for Inspection of Locally Administered Construction Contracts for Transportation Alternatives Program (TAP) Projects and Recreational Trails Program (RTP) Projects (Form LPA-023). Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Form LPA-014). For projects being constructed using the Sponsor’s forces, reimbursement requests will also be submitted using the CCRR. Requests for reimbursement must be made at least once every three (3) months that construction projects are active in order to avoid being put on the FHWA inactive project list. Attach Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the Department’s Resident Engineer assigned to the project for review and approval for program eligibility. Upon project 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 (Form LPA-016). 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 CEO. 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-1273FHWA‑1273, Required Contract Provisions, Federal-aid Construction Contracts, and Supplements. 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. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the Sponsor’s contractor on the Project shall be the sole responsibility of the Sponsor’s contractor and in this regard the Sponsor shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the Sponsor with documentation of proof of liability insurance coverage with submission of the signed contract. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass-through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The Sponsor also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass-through entity, shall not be responsible or liable for any damages whatsoever from the actions of the Sponsor, its employees, agents and contractors. 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. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Form LPA-017). Grant the right of access to Sponsor’s records pertinent to this Project and the right to audit by the Department and Federal Highway Administration officials. Be responsible for its portion of the total project cost and 1% of the contract amount for Department administration costs. The funds to be submitted for Department administrative costs shall have a maximum value equaling 1% of the TAP award plus the required non‑federal match. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. Be responsible for 100% of any and all expenditures for which federal funds do not participate or that are not approved for federal funds. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. Repay to the Department the federal share of the cost of any portion of this Project if, for any reason, federal participation is removed due to actions or inactions of the Sponsor, its agents, its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non-participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The Sponsor understands and agrees that the Department may cause necessary funds to be withheld from the Sponsor's Motor Fuel Tax allotment should the Sponsor fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Project. Repay all federal funds if this is determined necessary for any reason. Retain total, direct control over the Project throughout the life of the improvements and not, without prior approval from the Department: sell, transfer, or otherwise abandon any portion of the Project; change the intended use of the Project as approved; make significant alterations to any improvements constructed with Federal-aid funds; or cease maintenance or operation of a project due to the Project's obsolescence. 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 Federal funds and may result in the withholding of all future Federal‑aidFederal‑aid funds.

THE SPONSOR WILL. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Form LPA-005). If the designated full time employee changes, the Sponsor must notify the Department by resubmitting Form LPA-005. The duties and functions of this person are: Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal-aid projects; 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, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; Direct 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. Sponsors that require a reduction or modification to the scope of their project will submit the Revision of Project Scope and Budget (Form LPA-004) with the signed Agreement of Understanding. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Projectproject if the project includes design of structural components. (See Form LPA-003 for items to be included in the bid proposal.) Plans which include the design of only non-infrastructure components will not require a registered stamp. Be responsible for any necessary coordination with effected affected railroads including preliminary and final plan review and for executing any formal railroad maintenance and construction agreements that may be necessary for the project. This includes ensuring that potential bidders are aware of railroad coordination required during construction including flagging services and insurance. Submit plans at 30%, 60%, and 90% completion stages for Department review. Submit the following deliverables for the Project by the listed deadline or risk possible cancellation of the Federal-aid award or significant delay of the Project. If a deadline is missed, the Sponsor may be required to submit a reason for the delay and request a time extension in writing. Signed Agreement of Understanding for Execution by the Department 60 Days from the Kick-off Meeting 30% Complete Plans for Review 180 Days from the Kick-off Meeting 60% Complete Plans for Review 90 Days from the return of Department comments on previous set of plans 90% Complete Plans for Review 90 Days from the return of Department comments on previous set of plans Final Plans, Bid Documents, and Request for Authority to Advertise 90 Days from the return of Department comments on previous set of plans Complete the process for all permits that might be required for the project. This could include, but is not limited to, the US Army Corp of Engineers Section 404 permit; and the Arkansas Department of Environmental Quality’s Section 401 Water Quality Certification, Short Term Activity Authorization, and National Pollutant Discharge Elimination System permit. The Section 404 permitting application(s) and/or determination information should be submitted with the plans to the Department in order to aid in the completion of the environmental documentation. Provide any necessary higher levels of investigation for the required environmental document should the Project have uncertain or significant cultural, environmental or social impacts; have a likelihood of generating controversy; and/or possible economic impacts. For projects located on federal lands, the Sponsor must submit a completed environmental document for the Project, approved by the agency with authority over the federal lands. Ensure that the plans and specifications comply Comply with provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act (ADA)of 1973, Title VI of the American Association Civil Rights Act of State Highway and Transportation Officials (AASHTO) design standards1964, FHWA TAP Guidance, and all any other applicable state and federal Federal, State, and/or local laws, rules and/or regulations, including airport clearance when necessary, for the type of work involved . (See Form LPA-003 for items to be included in the bid proposal). Before acquiring property or relocating utilities, contact the Department’s Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in conformance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non‑participating in federal funds. 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”). Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor’s clear and unencumbered title to any right-of-way to be used for the Project and the land is accessible to the general public for recreational or transportation purposes (See Form LPA-007). If property has been acquired for the Project, use Form LPA‑006 for certification of the right-of-way. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. Advertise for bids in accordance with federal procedures as shown in Form LPA-010. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. Forward a copy of all addenda to the Project during the advertisement to the Department. After bids are opened and reviewed, submit a certification (Form LPA-012), including all items noted, to the Department and request concurrence in award of the contract. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre‑construction pre-construction meeting with the Contractor and must invite the Department’s Resident Engineer assigned to the Project. Construct the Project in accordance to plans and specifications that were developed by the Sponsor, or the Sponsor’s representative, and were reviewed and approved by the Department prior to the issuance of the Notice to Proceed. Perform construction inspection in accordance with the Guideline for Inspection of Locally Administered Construction Contracts for Transportation Alternatives Program (TAP) Projects and Recreational Trails Program (RTP) Projects (Form LPA-023). Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Form LPA-014). Requests for reimbursement must be made at least once every three (3) months that construction projects are active in order to avoid being put on the FHWA inactive project list. Attach Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the Department’s Resident Engineer assigned to the project for review and approval for program eligibility. Upon project 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 (Form LPA-016). 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 CEO. 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. 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. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the Sponsor’s contractor on the Project shall be the sole responsibility of the Sponsor’s contractor and in this regard the Sponsor shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the Sponsor with documentation of proof of liability insurance coverage with submission of the signed contract. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass-through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The Sponsor also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass-through entity, shall not be responsible or liable for any damages whatsoever from the actions of the Sponsor, its employees, agents and contractors. 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 Part 21), Nondiscrimination in Federally-Assisted Programs of the Department of Transportation. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Form LPA-017). Grant the right of access to Sponsor’s records pertinent to this Project and the right to audit by the Department and Federal Highway Administration officials. Be responsible for its portion of the total project cost and 1% of the contract amount for Department administration costs. The funds to be submitted for Department administrative costs shall have a maximum value equaling 1% of the TAP award plus the required non‑federal non-federal match. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. Be responsible for 100% of any and all expenditures for which federal funds do not participate or that are not approved for federal funds. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. Repay to the Department the federal share of the cost of any portion of this Project if, for any reason, federal participation is removed due to actions or inactions of the Sponsor, its agents, its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non-participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The Sponsor understands and agrees that the Department may cause necessary funds to be withheld from the Sponsor's Motor Fuel Tax allotment should the Sponsor fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Project. Repay all federal funds if this is determined necessary for any reason. Retain total, direct control over the Project throughout the life of the improvements and not, without prior approval from the Department: sell, transfer, or otherwise abandon any portion of the Project; change the intended use of the Project as approved; make significant alterations to any improvements constructed with Federal-aid funds; or cease maintenance or operation of a project due to the Project's obsolescence. 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 Federal funds and may result in the withholding of all future Federal‑aidFederal‑aid funds.

THE SPONSOR WILL. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Form LPA-005). If the designated full time employee changes, the Sponsor must notify the Department by resubmitting Form LPA-005. The duties and functions of this person are: Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal-aid projects; Maintain familiarity of day to day project operations, including project safety issues; Make or participate participates 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, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; Direct 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. Sponsors that require a reduction or modification to the scope of their project will submit the Revision of Project Scope and Budget (Form LPA-004) with the signed Agreement of Understanding. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Projectproject if the project includes design of structural components. (See Form LPA-003 for items to be included in the bid proposal.) Plans which include the design of only non-infrastructure components will not require a registered stamp. Be responsible for any necessary coordination with effected affected railroads including preliminary and final plan review and for executing any formal railroad maintenance and construction agreements that may be necessary for the project. This includes ensuring that potential bidders are aware of railroad coordination required during construction including flagging services and insurance. Submit plans at 30%, 60%, and 90% completion stages for Department review. Submit the following deliverables for the Project by the listed deadline or risk possible cancellation of the Federal-aid award or significant delay of the Project. If a deadline is missed, the Sponsor may be required to submit a reason for the delay and request a time extension in writing. Signed Agreement of Understanding for Execution by the Department 60 Days from the Kick-off Meeting 30% Complete Plans for Review 180 Days from the Kick-off Meeting 60% Complete Plans for Review 90 Days from the return of Department comments on previous set of plans 90% Complete Plans for Review 90 Days from the return of Department comments on previous set of plans Final Plans, Bid Documents, and Request for Authority to Advertise 90 Days from the return of Department comments on previous set of plans Complete the process for all permits that might be required for the project. This could include, but is not limited to, the US Army Corp of Engineers Section 404 permit; and the Arkansas Department of Environmental Quality’s Section 401 Water Quality Certification, Short Term Activity Authorization, and National Pollutant Discharge Elimination System permit. The Section 404 permitting application(s) and/or determination information should be submitted with the plans to the Department in order to aid in the completion of the environmental documentation. Provide any necessary higher levels of investigation for the required environmental document should the Project have uncertain or significant cultural, environmental or social impacts; have a likelihood of generating controversy; and/or possible economic impacts. For projects located on federal lands, the Sponsor must submit a completed environmental document for the Project, approved by the agency with authority over the federal lands. Ensure that the plans and specifications comply Comply with provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act (ADA)of 1973, Title VI of the American Association Civil Rights Act of State Highway and Transportation Officials (AASHTO) design standards0000, XXXX XXX Guidance, and all any other applicable state and federal Federal, State, and/or local laws, rules and/or regulations, including airport clearance when necessary, for the type of work involved . (See Form LPA-003 for items to be included in the bid proposal). Before acquiring property or relocating utilities, contact the Department’s Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in conformance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non‑participating non-participating in federal funds. 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”). Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor’s clear and unencumbered title to any right-of-way to be used for the Project and the land is accessible to the general public for recreational or transportation purposes (See Form LPA-007). If property has been acquired for the Project, use Form LPA‑006 for certification of the right-of-way. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. Advertise Refrain from any Project construction for bids which the Sponsor expects monetary reimbursement until a Notice to Proceed is received from the Department. If the project is to be advertised, it must be done in accordance with federal procedures as shown in Form LPA-010. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. Forward a copy of all addenda to the Project during the advertisement to the Department. After bids are opened and reviewed, submit a certification (Form LPA-012LPA-011), including all items noted, to the Department and request concurrence in award of the contract. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre‑construction pre-construction meeting with the Contractor and must invite the Department’s Resident Engineer assigned to the Project. Construct the Project in accordance to plans and specifications that were developed by the Sponsor, or the Sponsor’s representative, and were reviewed and approved by the Department prior to the issuance of the Notice to Proceed. Perform construction inspection in accordance with the Guideline for Inspection of Locally Administered Construction Contracts for Transportation Alternatives Program (TAP) Projects and Recreational Trails Program (RTP) Projects (Form LPA-023). Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Form LPA-014). For projects being constructed using the Sponsor’s forces, reimbursement requests will also be submitted using the CCRR. Requests for reimbursement must be made at least once every three (3) months that construction projects are active in order to avoid being put on the FHWA inactive project list. Attach Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the Department’s Resident Engineer assigned to the project for review and approval for program eligibility. Upon project 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 (Form LPA-016). 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 CEO. 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-1273FHWA‑1273, Required Contract Provisions, Federal-aid Construction Contracts, and Supplements. 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. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the Sponsor’s contractor on the Project shall be the sole responsibility of the Sponsor’s contractor and in this regard the Sponsor shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the Sponsor with documentation of proof of liability insurance coverage with submission of the signed contract. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass-through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The Sponsor also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass-through entity, shall not be responsible or liable for any damages whatsoever from the actions of the Sponsor, its employees, agents and contractors. 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. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Form LPA-017). Grant the right of access to Sponsor’s records pertinent to this Project and the right to audit by the Department and Federal Highway Administration officials. Be responsible for its portion of the total project cost and 1% of the contract amount for Department administration costs. The funds to be submitted for Department administrative costs shall have a maximum value equaling 1% of the TAP award plus the required non‑federal match. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. Be responsible for 100% of any and all expenditures for which federal funds do not participate or that are not approved for federal funds. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. Repay to the Department the federal share of the cost of any portion of this Project if, for any reason, federal participation is removed due to actions or inactions of the Sponsor, its agents, its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non-participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The Sponsor understands and agrees that the Department may cause necessary funds to be withheld from the Sponsor's Motor Fuel Tax allotment should the Sponsor fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Project. Repay all federal funds if this is determined necessary for any reason. Retain total, direct control over the Project throughout the life of the improvements and not, without prior approval from the Department: sell, transfer, or otherwise abandon any portion of the Project; change the intended use of the Project as approved; make significant alterations to any improvements constructed with Federal-aid funds; or cease maintenance or operation of a project due to the Project's obsolescence. 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 Federal funds and may result in the withholding of all future Federal‑aidFederal‑aid funds.