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2019-05-14 - Agendas - Final City Council Transportation Committee May 14, 2019 5:30 pm or Immediately following City Council Equipment Committee City Hall Room 111 Members: Matthew Petty, Chairman; Sarah Marsh; Sarah Bunch; Kyle Smith City Staff: Chris Brown, City Engineer; Terry Gulley, Transportation Director 1. Old Business: A. None 2. New Business: B. ACTIVE TRANSPORTATION PLAN UPDATE: Review of the draft Active Transportation Plan Update. The Active Transportation Plan is proposed to be updated as part of the City’s Comprehensive Plan update (Cityplan 2040). The plan changes have also been reviewed by the Active Transportation Committee. Draft plan and summary memo attached. (Staff requests a recommendation from the Committee on this item). C. HIGHWAY 71B CORRIDOR: Review of the draft transportation framework for the Highway 71B Corridor Plan. The draft plan can be found at: http://www.fayetteville- ar.gov/3444/71B-Corridor-Plan D. MASTER STREET PLAN UPDATE: Review of the draft Master Street Plan update. The Master Street Plan is proposed to be updated as part of the City’s Comprehensive Plan update (Cityplan 2040), in accordance with the recommendations of the Fayetteville Mobility Plan. Draft master street plan map and cross sections attached. E. TRANSPORTATION BOND PROGRAM: Review of project list proposed for the first phase of the bond program. The total proposed amount of the first bond issue for transportation is $38.5 million; this includes construction funding in the amount of $32 million, design projects in the amount of $1.8 million, and a contingency amount of $4.66 million. List and map of recommended phase 1 projects is attached. F. MAPLE STREET CYCLE TRACK: Update on the status of the Maple Street Cycle Track project and review of a resolution authorizing staff to apply for a grant in the amount of up to $2 million from the Walton Family Foundation for construction of the cycle track. (Staff requests a recommendation from the Committee on this item). G. HIGHWAY 112 (JANICE AVE. TO DRAKE STREET) DESIGN CONTRACT: Review of a contract in the amount of $618,186 with Burns and McDonnell for development of plans to widen Highway 112, between Janice Avenue and Drake Street. ArDOT will 2 reimburse the City for the full cost of this contract. (Staff requests a recommendation from the Committee on this item). 3. Reports A. 2006 Transportation Bond Program Update B. Transportation Division Workplan Update 4. Announcements: Next Meeting TBD. 5. Adjourn May 10th 2019 Fayetteville Active Transportation Master Plan Update Re: Transportation Committee Background Information Through the end of 2018, the Fayetteville Active Transportation Advisory Committee (ATAC) dedicated 4 monthly meetings to review the trails and on- street linkages going through each quadrant of the City. Notable recommended changes to the Active Transportation Master Plan are list ed below working clockwise from the Northeast quadrant : • A side path added along Joyce Blvd. and Steele Ave. to meet the existing side path at Sterns Street. • Clear Creek Trail alignment adjusted to match Springdale’s plan for the Dean’s Trail. • Trail connectivity improved east of crossover from Old Wire Road to Mission Blvd using and existing the power line corridor. • A side path added along Mission Blvd. from Crossover Rd. to Starr Dr. • Adjustments to the trails east and west of College Avenue from Mem orial Drive to Township to reflect recommendations to from the 71B corridor plan. • Extension of side path along Mission Blvd. south from Rush Dr. to Lafayette St. • A side path added to Huntsville Rd. from Morningside Dr. to Crossover Rd. • Realignment of Saint Paul Trail east of Dead House Mountain Road to accommodate the existing golf course. • Adjustments to trail at the University of Arkansas including a side path on Stadium Drive from Tsa La Gi Trail to Oak Ridge Trail. • Improved trail connectivity across 15th Street near Duncan Ave. • Adjustments to the trail at the MLK (Hwy62) and I-49 interchange to reflect proposed improvements by ARDOT. • A side path added on Markham Rd. from Razorback Rd. to Markham Hill. • A side path added along Wedington from West End Ave. to Sang Ave. • A side path added along Garland Ave. from Sycamore to I-49. • A side path added along Mt. Comfort and Lewis Ave. from Garland Ave. to Deane St. • New trail added north of Mt. Comfort Road from Salem Rd. to Shiloh Trail. • Drake Trail added along an existing trail easement associated with the planned development on the property north of Drake between Garland Ave. and Gregg Ave. 2 On April 1st, 2019 the Parks and Recreation Advisory Board (PRAB) met and reviewed and approved the three changes below that were proposed by staff. • Remove the Shared Use Paved Trail going through Wilson Park and use Prospect Ave. right of way as the bike route instead of cutting through the park. • Remove the section of Town Branch Trail from Morningside to Armstrong. The existing St. Paul Trail serves this connection and the removed section is duplicative. • Extend the Owl Creek Trail to the west City limit line. In addition, The Parks and Recreation Advisory Board had a detailed discussion about the Sublett Creek Trail in regard to the Brooks-Hummel Nature Preserve and made the following motion: For Brooks Hummel and Mt. Sequoyah Woods, consider using alternatives to concrete hard trails depending on the site, to help maintain the essence of the site. Also, looking to do the same in the future with sensitive areas. Motion passed 6-0-0. On April 10th, the Active Transportation Advisory Committee met again and approved of the three recommendations proposed by staff and PRAB. During this meeting the ATAC also had a detailed discussion about the Sublett Creek Trail. Representatives from the Fayetteville Natural Heritage Association and Parks and Recreation Board spoke of their concerns with the Sublett Creek Trail impact on the nature preserve. Staff presented trail pavement alternatives including an elevated boardwalk through the forest that would have minimal environmental impact. The ATAC had a 4-4 tie vote on the Sublett Creek Trail staying on the Active Transportation Master Plan. Since the vote was a tie no recommendation was provided, and the Sublett Creek Trail remains on the Active Transportation Master Plan. The Sublett Creek Trail has been on the Active Transportation Master Plan since first adopted in 2003. This trail is envisioned to provide connectivity for midtown from the intersection of Old Wire and Mission following Sublett Creek northwest to College Ave. where a new signal would provide safe crossing at Poplar St. and the trail would continue west in front of Woodland Junior High across Gregg Ave. and tie to the Razorback Regional Greenway. The Brooks-Hummel Property was purchased in 2007 and a conservation easement was placed on the property that specifically allows the City to construct trails. A map is included showing 1,356 residences (estimated 2,739 people and 288 businesses (estimated 1,995 jobs) are within ½ miles of the Sublett Creek Trail. Due to the steep surrounding topography, alternative trail routes are challenging. A color-coded map showing the surrounding topography is included in the packet for review. A trail alignment study area is shown on the Active Transportation Plan for future evaluation of the trail route through this area. This alignment study would be completed prior to any detailed design or construction work on the trail. 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RAMP62 PRVT 5420 RAMP65PRVT 3355 EXIT 65 PR VT 635 R A M P 62 PRVT 2680PRVT 2527 PRVT 1927 RAMP66E X IT 150 PRVT2695 PRVT 1369 E X IT 1 50 P RVT 3899 PRVT517PUB1197PRVT 2497 PRVT2977PRVT1415PRVT 5463PRVT6393 PRV T197 PRVT 2053PRVT4425PR VT 3 3 59 PRVT196PRVT729A L Y 79 9 P RV T 43 3 PRVT 4159 PRVT 3 1 0 2 PRVT4374PRVT2 2 97 PRVT1651ALY 119 PRVT 2639 ALY 975 PUB 33 5 3ALY 417 PRVT 2421 PRVT 3103 ALY450PRVT 399 P R V T1285 P R V T2149 ALY 519 PRVT1995PRVT 301 ALY 223 PRVT 1315 PRVT2849 PRVT395PRVT 845 PUB 1203 PUB 293 PRVT 1331 ALY751ALY529PRVT 421 PRVT455PRVT 1 3 5 0 PUB 359 PRVT 19028PRVT1661ALY 399ALY 921 PRVT 2200 PRVT335 PRVT 1450PRVT 1287 PRVT 2055 PRVT4841 PRVT89PRVT 413 PRVT1473PRVT 2111 P R V T 4 1 4 9 PRVT 2117 PRVT 1795 PRVT 2109 PR VT4198 P R VT 1301 PRVT6281ALY 675 PUB4640 PRVT 2066 PRVT 1909 PUB603 PRVT 1393 PRVT 3433PRVT 1841 PRVT 2143 PRVT 1425 PR VT 3791 PRVT 3431 PRVT 2129 PUB601PRVT 1149 PUB 390 PUB 1100 ALY 1 8 61ALY 798 ALY4040PRVT 1501 PRVT 1471 PRVT2025PUB987 BAUM DR PR VT1360PRVT4430PRVT1207 PRVT 1295 ALY 2650 ALY 4360 ALY 4399 PUB 1180 PRVT3157PRVT3250PRVT3210 PRVT 3 170PRVT 2979 PRVT3495PRVT3440ALY2900PRVT 204 9PUB 545 PRVT 329PRVT3400 PRVT 2630 ALY 47 PUB3397PRVT 130PRVT3388PRVT 3032 PRVT 2185 PRVT 13029 ALY 35 ALY 155 ALY 51 ALY451ALY 318 ALY 386 ALY150ALY 50 ALY970ALY 362 ALY 248 ALY456ALY534ALY 557 ALY 242 PRVT732PRVT730 PRVT 4299 PRVT 2002 ALY 48 ALY 250 LANDMARK ALY1888 ALY2222ALY 1888 ALY1888ALY 2547 PRVT1 1 1 PRVT 1390ALY 2443 ALY 172 PR VT 6 9 PRVT 2670 PRVT725 0 PRVT 2919 A LY 3609 RAMP3500EXIT 3590PEAR PRVT 5463 PRVT 2592 PRVT 2588 STERLINGRAMP 150 ALY 509 PRVT3400PRVT 773 PRVT 753 ALY 417 PRVT 2995 MCCLINTON ALY 1315 ALY 1381 ALY 1449 ALY 1 8 61HICKORY ST ALY 975 PRVT730 PRVT 845 PRVT 2670 EXIT 65 PRVT 2521 PRVT455PRVT 413 OVERLAND L OOP ALY 172 ALY 1880PRVT 417 PRVT 2630 ALY751BIRDIE DR DUSTINMILLENNIU M DR HILLSIDE TERVENETIANMARTINCOLLEGEAVEBRANDONCIRWESTON PL ALY 798 ALY 4240 ALY 4180 ALY4301 PRVT 3023 PRVT 2497 C L A RENCE CRAFT EVALYNALY451ALY155EVENINGSHADEPRVT 2411 MOUNTCOMFORT P RV T 43 3 P R V T 7 6 7 GRACEMIRAC L EELMHURSTWHITEFI S HBAYSCRIMSHAWNANTUCKE T PRVT4425PRVT 4939 P R V T 6 6 4 7 PRVT6075VANDEVENTERMARTHA BECK RAINBOWTROUT BREEZE SANDY BEACHLONDONMALIBUADDINGTONADDINGTONNOELLELYNNSBELAIR BILLIE JO SHANNONCHESTNUTCHESTNUTBOB PRVT 2569 ERNIE JACKS PRVT 511 ARROYOSIERRAMIRANDASIERRAARROYOBARCELONAVALENCIAVALENCIABARCELONAHIRAMDAVISNEW SCHOOLGRANADARAMP150NIGHTINGALE REDWING SWALLOW VANASCH E LOOPSTEELEBLVDRAMP66PR VT 3 3 59 PRVT 3355 EXIT 66EXIT66RAMP 66 PRVT2511PRVT 2421 RAMP 67 P RVT 3899 PRV T 6 3 9 3 GEORGETOWNE SQUARE KATHLEENBELLAFONTFRAZIER PARKSIDEPARKSHORE PARKCREEKPARK LAKE PARKVIEWDODGE CHRYSLERBUICK AUGUSTINE FOXBOROWEASTBOROUGHDOWNING CTABINGTONWYNDHAMGORDONLONG JOHNELLSANGABRIEL DIAMOND HUDSON PRVT617 PRVT3429PRVT 5420 PRVT 3 1 0 2 PRVT 4649WROXT ONCHARINGMAKEIG BARNSBURY KNIGHTSBRIDGEPICADILLYSOUTHRIDGECHAUCERSWINFIELD BRIG HTO NBELLSHIRESUSSEX DEVONSHIRETHORNHILL WIM BLE DO N OXFORD WINDSORHEMLOCK LANGSTONSTRATFORDSUMMERHILLSTUBBLEFIELD AUTUMNSPRINGBROOK BRIARCLIFF CORTLAND ETON PRVT 3103 PRVT 399 PRVT 301PRVT 2611 WESTVIEWEMERALD VIEWPOINT PATRICIA HOLLY ST PRVT680LAWSON LINDELLPRVT 821 PRVT803HIGHP OINTACRES RAMP 67MCGUIREST PRVT2697PLEASANT WOODS REAP DR PRVT2355CHESAPEAKELIGHTSHIP WINGATEB RODIEARBUCKLEPRVT6281RIPPLECREEK WAYNESHANE PRVT4310 HONEYSUCKLECINNAMON CAMBRAYCANNALANTANARIVER BIRC H PRVT 2919 PRVT2615 PRVT 329PRVT3388PRVT 3680 ALY 921 ALY 650 ALY 223 BEECH CREEKSTONECR EEKMEADOWC REE KFALLINGWATERBOULDER CREEKF E R N C R E E K PR VT 6 9 ADOBE VANDEVENTERVANDEVENTERPRVT3440MERIDIANSCULLCREEKI-49 E X IT 1 50 E X IT 150 RAMP3500EXIT 3590PRVT3495A LY 3609 COY KAYLOR D RPRV T D R PRVT DR PRVTPRVTDRPRVTDRALY49TO W N E VILLAGE CENTRALLODGEBALLPARKSERENDIPITYMODUS PRADOP E R I M ETER CLIFTONPRVT 1465 PUB 1347 PR VT 2 2 81 DEBRIYNDR15TH ST VANTAGEDRARKANSASAVEVAN ASCHE DRVANASCHEDR ALY697ALY333 PUB 800 PUB1350PRVT1755 PRVT1791 ALY 1776 PRVT 1150 ALY624ALY627ALY848ALY1048ALY 164 ALY 267 WATERMANJONQUIL CT NORTHVIEW ANDREWMOLLYE NAVA J O CTKANTZ DR CHOCTAWPAWNE ESEMINOLE STARDUSTCHEROK E E D REASTOAKS COLLEGEAVEPOWERHOUSECHEVAUX MICA SHALE PLAYER GREENLEAFMULBERRY STTIMBERCRESTTIMBERLINEDRWOODFIELDOAKFIELDRADCLIFFEHARVARD BUCKEYE FAIRFAX ESSEX YALE LA SALLE VASSAR DOROTHY JEANNEMONTRAIL SADDLEHORNCORNERSTONESTABLEARTHURHARTSTIRRUP FIDDLESTICKSENGLANDFOWLERCEDARWOODEVAAVECREEKMOREDVORACHEKPINECRESTPINECONEMARIGOLDGLENMEADOWPINEVALLEY ARCHER OLIVERAVEGRAYAVEHAWTHORN FORESTDAVIDSON WHITESIDE MOUNT NORD CAMPBELLROLLSTONTHOMPSONTRENTCONNER RODGERS DR MEAD OW SO UT H ER N H E I G H T S 4TH BARTONCOUNTYWASHINGTONJESSANDERSONRD WANEETAHWASHINGTONVANDEVENTERCARAWAY WASHINGTONVANDEVENTERELDERBERRYTAVISTOCKBAYHAMSURTEESDONNINGTON CONEFLOWER KYNLEIGHBLUEMIST WATERWAYWATER OAKMOSS Y ROC K THISTLEWATER LILLY SOUTHWICKSTONECHAPELST O N E Y BE NDBRUSH CREEKSHADOWCRESTOLIVE TREE HAYMAKER PL BLUEGRASSHAY MEADOWSTOWERCIR WHITWHISTLEPOSTOLD TO WN L N WESTBURY THORNEBROOK DRAKESTONE BROOKHOLLOWALBRIGHT RD LAVENDONLADELLE STONEWALLGREYSTONE HEARTHSTONE DR PEPP E RMILL CROSSWINDSCOPPERCREEKCHESNEYEARLYWINEBRANDYWINEMONTEV A LLOMARTINDALESNAVAJOCT JEFFREY ROCKCLIFF RD ROCKCLIFFRDPINE CREEKLONESOME DOVETHRASHER BLUEBIRD ST APACHE OAKHAVENMONETHAZELTINE CORSICAGASCONY RENEE ACOMA PATRICK F RANCISCAN CHICKADEEP LY M OUTH RO CK STEPNEY CONSTITUTION INDEP E NDEN CECASTLEBURY WILT O N FALLBROOKKNOLL CRESTCOLDWATERNFREEDOMPLBRIDGEPORTMUNCHKINCHANTILLY DRBEST FRIENDWINTER EVENINGSEPTEMBERSTROLLFRONTPORCH CONGRESSIONALSH OALCREEKOLYMPI CCL UBP R AIRIE D U N E S COGH I LLWHISTLING STRAITSCARRIAGECARLSBADTIMBERLANDTIMBERRIDGEDARTMOUTHWEATHERWOODPALAK POINT WESTCANEYVICKERSTRAFALGERPUPPY CREEK BE L MONTBERMUDARAVENLNMIRAMAR DR LABORDITEMARBLE SALEMRDBROOKBURYACADIANABIRMINGHAMLANCER ROSEMONT CENTERWOODPRIMROSESHAGBARKMOCKERNUTHARDY LNASHBROOK PICASSO PL CA N DLE WOODDRYORKWOODTWELVE OAKSGOL DEN OAKS GOLDEN OAKS COPPER OAKSBIG OAKSTWINOAKSBRONZE TREESUNNY HILL WINDY HILL MARKSMILLHUMMINGBIRDOZARKVIEW O V E R C R E S T DEBRA KNOXBIRWIN RHONDAJORDANC A IN MISSIONBLVDDESOTOEDGEHILLPRESE R VATION BERRYBERRY HUG HESOA K DRV A LLEYVIEWDRWHITHAMDAVIDSONLOLLAR REBECCAREBECCA TRUST TRUST R EBECCA VINSONMOUNT A I N S T MEADOW EASTAVEMILLMILLSWEETGRASS DEWBERRY BOARDWALK GOLDENROD ST COMPANY ARL INGTONEMERSON TANGLEWOODB U C K YFULLER CHADWICK DR TEMPLETONWHISPER IN G OAK S LN LONDONDERRY MANOR DR WELLSLEY CREEKWOODCREEKWOODELMWOODSAMARAMEADOWLANDSMEADOWLANDS BEGONIATIGER EYE AZUREMILLSTONE FRONTIER ELM EASTWOODBRIARWOODAVECORNWALLT U P E L O MONTANAW YOMING SILVERMIST SILKROSECRESCENT PRINCETON CORNELL FLINTWILDWOODD R VICTORIA LN SAINTCHARLESVANDEVENTERGlen WingTALIESINSAMANTHA AVERUTHERFORDADELAIDE I-49I-49NE W P ORTCLABBERCREEKAUTUMNROSECOUNTRYMEADOWSFOXTAILLILYPALM HARBORCROOKEDSTICKRAVENLNFEATHEROCK JESS ANDERSON RD RUPPLERDC R O S S O V E RRDCROSSOVERRDCAMRONGREENWOODGREENPOINT PEBBL E B E A C HONYXSAPPHIRE D R PLO VER TRO TTERS WHITNEY VINEYARDSIGNATURE GREENFIELDAPPLEWOODCEDARBROOKPIEDMONT PHEASANT SWEETGUM BUNGALOW COTTAGE CRAFTSM A N CHINABERRYLNV EL D A ONE MILE RDSHORT ST BRIARGATEDRGUNNISONDRSADDLERIDGE DR S P RINGLAKEFLAGSTONE PLATINUMRED DEER INNOVATIONRESEARCH CENTER BLVD AUTUMNBROOKM I NT B L V D PUB 113 CONWAY PLLAURA LEE STSARATOGA VAN GOGH NEPTUNE N LI LLI E LNTHOMASPALMER AVEHARTMANAVEGRAHAM AVEARIZONARADISSONJUNC TION BROWERSLIGO ST SW EETWATER W JETER NE JETERNWJETER WJETER RICHARDSON RD PRVT 2065 PRVT2470SHEPHERD WASHINGTONRIVERBLUFF PARKWOOD M ILLERST BUR R O A K ALTHEADINWIDDIES WA RT ZPETERSON BUCKWATSON48THSTGLE NNST HARRISLNORLANDO M IA MI L O O PNAPLESSAINTPETES MELBOURNETHOMPSONSTBLUE WILLOWHIGHBUSHCOOPERSCOVESAG HARBORSPRINGHAVEN DR PR VT 2 4 29 OMERMCCONNELLROBERTSMITHVA N T H OMP S O N CHRISTOPHE R STRANGE DRSAVOYRDPRIMROSE R E D O A K GUNCLUBRD W H E E L E R H E IG H T S R D LENALNSULPHURCITYRDSUNDOWNER DON TYSON PKWY 56THSTN EW HOPE RD NEW HOPE RDSISEMORE 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STARWORDSWORTH LNPUTTING GREEN FLAGSTICK DR MONROESTATIONGEMCROWN FLOWER BRADSTREET RUPPLERDELKINSRDNORT H HILLSBLVD PRVT6299PI N EAVE HARBORISLEHUC K LEBERRYLNOLD SKILLERN RD FLINTCREEKBRECKENRIDGENOTTINGHAM BLOSSOMSIGNALHILLDEPOT CROSS HOLLOWCUTOFF PACIFICH T S OCEANHTSPRV T1099PRVT 1025 PRVT 1017 WC 411WILMAJOE LONGWITH ASHWOODAVEVALEAVEMTN.RANCHCTENGLISHTUDORELLA 1 1 T H11TH STAGHORNBUSHWACKER FOREST CANYON BARBARASPRAGUETOTTEN HAMSTEPPINGSTONE SCOTTSWOOD SANDRA 11TH 9TH 9TH 18TH RICHMO N D D RCASCADE DRCOLONNADE NETHERLAND WAY CHERRYWOOD GRACEWO ODBILTMOREBACA R DI SUMMERWOOD FRANKIEKELLYDR/CIRCATALPACRAPE MYRTLE PL RAMP3900PRVT4237PR VT4239 PUB 3887 OVERCRESTSHERIDANMEADOWSWEET STONECROPHWY170HOWARDNICKELLRDVANTAGE DRSPRING CREEK AVE SUNSHINER D OVERCREST PRVT 627 BRANDYSTATIONBRICESCROSSPOWERLINE 26TH ST BRINKDRINVERNESS LN VENTURE PL WATSON W WOODRIDGE DR DICKSON ST GARDENGROVECORONA WILMINGTONWOODC LIFFWOODVIE W C ROSSBOWMALLARD L N MAYFLOWER R E D D IN GBA TSFORD G R A N B Y GOLF CLUB GOLFCLUBSQ G O L F CLUBGROVEF R EDRICKSBURGJAMESTOW NOLDDOMINIONSURREYWILLIAM SBURGRA L IEGHLEAW O ODHEMINGWAY OAKCLIFF STAGECOACHDRWOODBROOK CORBIN WENDY B RO O K E MARWOOD STORERLINDELLOAKLANDSPORTS F ANBRITTANY AVE YOES POLLARDAVEMAJESTICBRIGHAMDR CAMROSE LN INSPIRATION CIR HYDRANGEA GOLDFINCH FARMIN GTONROBIN CT AINSWORTH AVE CITRINE LNK C A R N A T I O N ISL AND ALY 620 HACKBERRY DR BAYSIDE DIVOT LNK CHARLES CTCACHORROST ERNESTLANC A STERDRMCCOLLUMAVEREGENCYOAKLANDAVE PUMPKINRIDGERIVER MEADOWSRI V E R MEADOWS KEENLN BROOMSAGE S AI NTANDR E W S RAYPAYNE DEERFIELDST ON EBRIDGE R D HISTORY COB A LT SUGARBUSHLINDALNJAMESWAY MAPLE ST WOODCRESTDR LAWSON REAGAN PROSPECTPROSPECT GUNTER SU MME R RO SE EARLYFALL BLUEORCHARD STEEPLECHASE TROON DRGARLANDAVEMAPLEST OLDHAM HARROGATEWALESCROFTFLANA GINDINMANTSWIFT DR IVORYBILLDECATUR DR HORIZON WAYDANBURYSCISSORTAILKINGFISHEREGRET SHERMANZANDER BLISSFULMAGELLAN OLDHAMSICILYSA NT A M A RIA PASADENA DUN B AR JOP LI N L N DG RECESSPALMETTO HIKERTAFT INVESTMENTGLORYDR CLAXTONGENT LEVALLEYDRYWOOD CREEKREEDS BRIDGECANE HILLLONE JACKSNYDERS BLUFFPOISON SPRINGS ABSOLUTE SARDINIA M AL T A STILLWATERT U S C AN R D C O R K PI N OT L NMALBEC LUBBOCKKENTUCKY MEADOW PANOR A M A OBSERVAT ORY BIGSKY BOULDERRDGM A IN S TRUPPLERDSASSAFRASHILLRDRENOCAPTAIN WAY MACLURA SOLITUDE BNDAINSLEYBELLAMYHAWKSTONEF a r m i n g t o nFarmington P r a i r i ePrairieGroveGrove T o n t i t o w nTontitown J o h n s o nJohnson G r e e n l a n dGreenland G o s h e nGoshen E l k i n sElkins E l k i n sElkinsSpringdaleSpringdaleSpringdaleSpringdale Wash i n g t o n C o .Wash i n g t o n C o . W a s h i n g t o n C o .W a s h i n g t o n C o . W a s h i n g t o n C o .W a s h i n g t o n C o .W a s h i n g t o n C o .W a s h i n g t o n C o . W a s h i n g t o n C o .W a s h i n g t o n C o . L A K E S E Q U O Y A H L A K E F A Y E T T E V IL L E L a k eWilso n A d a m sLake L a k eFayettev i l l ePark K e s s l e r M o u n t a i n R e g i o n a l P a r k L a k eSequoy a hPark M o u n tSequoya hWoods W a l k e rPark G u l l e yPark Fri scoTrai l RuppleSidepathSaint Paul TrailTownBra n c h Trail ScullCreekTrailRazorback SidepathMud C r e e k Trail Meadow V a lle yTrailCatoSpringsTrailScullCreekTrailLak e F ay e tte v il le Trai lShilohTrailClea r C r e e k T r a il Wedington Sidepath §¨¦49 §¨¦49 §¨¦49 §¨¦49 §¨¦49 ¬«265 ¬«265 ¬«265 ¬«16 ¬«16 ¬«170 ¬«170 ¬«45 ¬«16 ¬«180 ¬«265 ¬«16 ¬«16 ¬«16 ¬«45 ¬«45 ¬«156 ¬«156 £¤71B £¤71B £¤71B £¤71B £¤71 £¤62 £¤62 £¤62 £¤62 Illinois Riv er White RiverWhiteRiver White River MiddleForkOf Th eW h ite RiverMiddleF o r kOfTheWhiteRiverW h i t e R i v e r White River TrailTrailTrail Owl C r e e k TrailTrail Shi l ohTrai l TrailCl a b b er Creek Trail TrailFutrallTrailTrailTrail TrailTrailOldMissouriTrailT r a il Mission Trail Sang TrailTown Branch TrailShi l ohTrailCrossoverTrailTrailFutrallTrailTrailTrailF u t r a ll T r a ilClabber Creek - North Spur TrailRazorback TrailClab b e r C r e ekTrailS a i nt PaulTrail TrailTrailTrail S a in tP a u lT r a ilJoyce Blvd Sidepath Trail Davis Park TrailD rakeTrailT s a -L a -G i T r a ilCrossoverTrailC anterbury Loop Tr ailSang TrailWestLoop Trail Trail C at o SpringsTrail Rupple TrailW hiteR i v e r WestTrail WhiteRiverWestTrail Active Transportation Plan Changes 2019 - Fayetteville, AR Existing Sha re d-Use Pa ved Trail Prop osed Shared-Use Paved Trail Ad ded Trail Removed Trail 0 1½Miles µThe data contained herein was compiled from various sources for the sole use and benefit ofthe City of Fayetteville Geographic Inform ation System and the public agencies it serves.Any use of the data by anyone other than the City of Fayetteville is at the sole risk of theuser; and by acceptance of this data, the user does hereby agree to indemnify the City ofFayetteville and hold the City of Fayetteville harmless from and without liability for anyclaims, actions, cost for dam ages of any nature, including the city's cost of defense, assertedby user or by another arising from the use of this data. The City of Fayetteville m akes noexpress or im plied warrantees with reference to the data. No word, phrase, or clause foundherein shall be construed to waive that tort imm unity set forth under Arkansas law. Created: 3/28/2019Path: G:\GIS2\Projects\2019\ATP M ap Update\ATP2019Changes.m xd ÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆaÆa ÆaÆa Æa Æa Æa Æa Æa Æa Æa ÆaÆa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa ÆaÆa Æa Æa Æa Æa Æa Æa Æa ÆaÆa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa ÆaÆa ÆaÆa Æa Æa Æa Æa Æa Æa Æa Æa ÆaÆa Æa Æa Æa Æa Æa Æa Æa ÆaÆa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa ÆaÆa ÆaÆa Æa ÆaÆaÆaÆa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa ÆaÆa ÆaÆaÆa Æa ÆaÆaÆa Æa ÆaÆa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa ÆaÆa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa ÆaÆa ÆaÆa ÆaÆa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa Æa ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º ¹º B U Y K K P G G T I K M Q X D F K Z OO W V W R T R S C J C E J C C D A A L N H W N Z M M 1 47 64 58 13 9 9 26 8 17 59 31 4 12 49 51 17 4 16 31 7 43 27 23 5 34 1557 4 16 54 56 4 48 9 17 5 50 31 22 35 1 14 39 30 10 60 52 40 4 41 31 30 2 9 2 31 65 53 36 37 6 41 61 30 42 18 32 1 33 40 Z 62 21 37 63 1 1338 37 32 10 46 18 33 55 17 47 24 24 55 66 28 61 16 44 45 41 3 50 GregoryPark FingerPark Lew isSoccerComplex LakeWilsonPark RockyBranchPark RidgewayView Park BradenPark Red OakPark SalemPark SweetbriarPark HollandPark StoneMountainPark Land DaleClarkPark Brooks-HummelPreserve CentennialPark BundrickPark RodneyRyan Park DavidLashleyPark HarmonyPointePark HotzPark BryceDavisPark MountSequoyahWoods Habitatfor HumanityPark Land Hill PlacePark Land MadisonNaturalArea Bayya riPark CombsPark KesslerMountain RegionalPark Clarenc eCraft Park WilsonPark GulleyPark Grea thousePark WhiteRiver Pa rk LakeSequoyahPark HughmountVillagePark Land WalkerPark LakeFayettevillePark RazorbackRazorback R a z o r b a c k G re e n w a y GreenwayGreenwayUA Rese arch &Technology Park UA AgriFarm UA MainCampus L A K EFAYETTEV I L L E L A K ESEQUOY A H L A K ELUCILL E L A K EWILSO N A D A M SLAKE NiokaskaCreekHamestringCreek FlynnCreekWhiteRiverMissouriCreekKittyCreekMudCreekWhiteRiver T o w n B r a n ch Hilton Creek SpoutSpring B ranchWhiteRiverSubl et t CreekWhiteRiverGrou ndCherryCreekWhiteRiverFl y n n Cr e e kClear Creek White RiverWh i teRiverMiddl eForkOfTheWhite River C la b b e r C r eekCatoSpringsBranchC learCr e e k Clear C r e e k So ut h TributaryO wlCr e e kMud C r e e k Goose Creek C ollege B r a nch I l l inoisRiver ClearCreek SouthForkS t ream White River Airport Branc h WardSlo u g hGoose C r e e k Goose Creek LittleW ildcatCreekWhite River HamestringCreek W est F o rkOf TheWhiteRiverNorth F o r k F a r mi n g t on §¨¦49 §¨¦49 DEANE ST ZION RD BROYLES STHARMON RDBUTTERFIELD COACH RDM A R T IN L U T H E R K IN G B L V D DON TYSON PKWY RAZORBACKRDDOUBLESPRINGSRDHWY 62HOWARD NICKELL RD HWY265COLLEGE AVEGREGG AVEH A B B E R T O N R D ZION RD G O O S E C R E E K RDJOYCE BLVD ROCK STELMOREST TOWNSHIP ST DICKSON ST SCHOOLAVEGUY TERRY RD NORTH ST MAPLE ST WEDINGTON DR MAIN ST JOHNSON RDCATOSPRINGSRDOAKLAND ZION RDM ISSIONBLVDHUNTSVILLE RD PARKS ST 15TH ST HUNTER STGARLANDAVEHAMESTRINGRD THOMPSON STARC H IBALDY E L L B LVDDON TYSON PKWY WILSONST WYMAN RDHWY112 JOHNSONMILLBLVD MOUNT COMFORT R D HWY16 40TH STWILKERSON RDDOUGLASSTSKILLERN RD SYCAMORE ST H W Y 71 LAFAYETTE ST85TH AVER E E D V A L L E Y R D CENTER STLITTLE ELM RDBOWEN BLVD FOXHUNTERRDSASSAFRAS HILL RDBETHEL BLACKTOP ROLLING HILLS DR ILLINOIS CHAPEL RDHWY62 ARBOR ACRES AVE D OUBL E S P R IN G S R D FULBRIG H T E X P Y HWY 7 4 WILLOUGHBY RDGREATHOUSESPRINGSRD DRAKE ST UA BEEF FARM RD VAN ASCHE DR MAINAVEMAIN DRI 49I 49WI L KERSONSTOLD WIRE RD DEADHORSEMOUNTAINRDRUPPLERDI 49I 49GULLEY RDPORTER RDCROSSOVER RDCITYLAKERDCOLLEGEAVEFULBRIGHT EXPYBROYLES AVEMAESTRI RDARMSTRONG AVECROSSOVERRDMAI N AVEBLACKOAKRDSCHOOL AVEBARRINGTONRUPPLE RDWHEELERRDWHEELERRD SALEM RDHW Y170Existing Trails Shared-Use Paved Trail Nature Tra il Neighborhood/Park Trail On-Street Bicycle Facility Lake Stream ¹ºSchool Fayetteville City Limits Æa Razorback Transit Bus Stop ÆaOzark Region al Transit Bus Stop Street (Major) Street Railroad 0 1½ Mile : 17 17 Æa ÆaActive Transportation Plan Shared -U se Pave d Trails and On-Street Bicycle Facilities Proposed March 28, 2019 City of Fayettevi lle, A R Source: Trails Coordinator, City of Fayetteville, AR. Fayetteville Planning Division. GISOffice, City Hall, Fayetteville, AR . Cartographers: Susan K Pierce 2009 & M ike Morisette 2015 Path: G:\GIS2\Projects\2019\ATP M ap Update\ATP2019.mxd RazorbackGreenway toBentonville Adopted by the Fayetteville City Council on0/0/2019 Resolution No. 00-00___________________________________Mayor ___________________________________City Clerk This certifies that this is the officialMaster Trail Plan map referred toin Resolution No. 00-00 of theCity of Fayetteville. Active Transportation Plan Propose d Shared -U se Pave d Tra il Propose d U of A C am pus Con nectio ns Propose d On-S treet B icyc le Facility Disclaimer: The data contained herein w as com piled from various sources for the sole use and benefit of the City ofFayetteville Geographic Inform ation System and the public agencies it serves. Any use of the data by anyone otherthan the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agreeto indem nify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims,actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arisingfrom the use of this data. The City of Fayetteville m akes no express or implied warrantees with reference to the data.No word, phrase, or clause found herein shall be construed to waive that tort im munity set forth under Arkansas law. Parks and Recreation Advisory Board April 1, 2019 5:30 p.m. City Administration Building Room 326 113 West Mountain Fayetteville, AR Members: Richie Lamb, Nicole Claesen, Wade Colwell, Will Dockery, Joel Freund, Jennifer Neill, Bill Putman, Dana Smith, Keith Tencleve City Staff: Connie Edmonston, Director; Byron Humphry, Parks Maintenance Superintendent; John Crow, Recreation Superintendent; Ted Jack, Park Planning Superintendent, Ken Eastin, Park Planner, Matt Mihalevich, Trails Coordinator, Darrell Shaw, Recreation Program Manager, and Sonya Morell, Operations Assistant 1. Call to Order: Lamb called the meeting to order at 5:31 p.m. 2. In Attendance: Lamb, Dockery, Neill, Freund, Putman, and Tencleve Absent: Colwell, Smith, and Claesen Staff: Edmonston, Humphry, Crow, Jack, Eastin, Mihalevich, Shaw, and Morell 3. Approval of Minutes: PRAB Motion: Freund moved to approve the minutes, Lamb seconded the motion. Motion passed 6-0-0 4. Park Land Dedication: Ken Eastin, Park Planner Development Name: Fairways at Fayetteville (The Links) Engineer: Blew and Associates, PA Owner: The Fairways at Fayetteville, LP (Lyndy Lindsey) Location: Rupple Rd, Congressional Rd, Golf Club Dr. Park Quadrant NW Units: 240 multi-family units Total Acres: 7.8 acres Land Dedication Requirement: 3.36 acres Money in Lieu Requirement: $134,400 Existing Parks: Bryce Davis, Clabber Creek Trail, Hamestring Creek Trail, Red Oak Park, Dale Clark Park Developer’s Request: Money in-Lieu Staff Recommendation: Money in Lieu Justification: Proximity of Existing Park Land Eastin reviewed what has been done in the past with this Park Land Dedication. The 2 development is nearing the end of the project and their credit for park land was used so they are requesting to dedicate money in lieu. PRAB Motion: Tencleve moved to accept staff’s recommendation to accept Money in lieu. Freund seconded the motion. Motion passed 7-0-0. 5. Active Transportation Plan Update: Matt Mihalevich, Trails Coordinator Matt Mihalevich presented the proposed Active Transportation Plan Update. This plan must also be reviewed and approved by the Transportation Committee and City Council for adoption. It is different than the Five-Year Plan. See attached maps. Please note on the ATP2019 Changes Map, the following legend is utilized: Red Trails are to be removed from the current Master Plan Thick Green Trails are the proposed new trails Green Trails are the existing Master Plan Trails Mihalevich stated there are three main changes after meeting with Park and Recreation Staff: a. Extending Owl Creek to the City Limit Line b. Trail going around Wilson Park instead of cutting through the park c. St. Paul Trail to continue to Comb’s Park across the White River Mihalevich reviewed the new changes from the Active Transportation Advisory Committee (ATAC). ATAC has been updating the plan for the last 4 months. a. Proposed Trails and added trails b. Small sidewalk connections between neighborhoods c. Lake Fayetteville changes, working with the city of Springdale d. Some changes were made just to “clean up” existing trails Lamb read a letter from Dana Smith, vice-chair of PRAB. See attachment. Mihalevich said the trail called, Sublet Creek Trail, has been on the Master Plan since the creation of the plan. It is a flat way to get through town because it is very steep in that area. The trail scored high on their Scoring Matrix, because of its school connections and the population density in that area. Mihalevich agrees with Smith, we must be sensitive in this area and Active Transportation has worked closely with Fayetteville Natural Heritage and plans on doing an Environmental Assessment Study. Freund suggested not paving the trail to reduce the environmental impact. Mihalevich said Active Transportation prefers all weather trails because they require less maintenance. 3 Lamb said the board gets a lot of kickback when they propose a different type of soft surface trail. He gave the example of Gulley Park and the hard surface that is currently being installed. He has heard people say that they would prefer a softer trail to run on. He believes Brooks Hummel is a perfect example for something different and would also be a lot less invasive. Mihelevich said at Mt. Sequoyah Woods, no changes are being proposed. He wants to connect trails and one of the proposed trails are in utility easements. The trails will be paved trails. Eastin said he is currently working with the Fayetteville Natural Heritage Association and Ozark Off-Road Cyclists, trying to make a more sustainable soft surface trail system at Mt. Sequoyah Woods. He also said it is difficult to build a granular surface trail on uneven, sloping trails. He has not seen much success in the past. Lamb wanted the board to know that tonight they are to make recommendations to the Active Transportation Advisory Committee, which will meet next Wednesday, April 10th. Mihelevich said that is correct, he would bring any recommendations to the Active Transportation Board, it would then go to Transportation Committee and finally to City Council. Dockery would like the committee to consider not putting trails through the middle of parks, but to stay around the perimeter. The board further discussed the Plan Updates. Staff Recommendation: Approval of the proposed plan. PRAB Motion: Lamb moved to approve Active Transportation Committee’s Plan Update, with the following changes: For Brooks Hummel and Mt. Sequoyah Woods, consider using alternatives to concrete hard trails depending on the site, to help maintain the essence of the site. Also, looking to do the same in the future with sensitive areas. Freund seconded the motion. Motion passed 6-0-0. 6. Wilson Pool Fee Proposal: Darrell Shaw, Recreation Program Manager Shaw presented proposed changes to party rental fees at the Wilson Park Pool for approval by the board. Staff also discussed improvements and additions to amenities that will enhance customer experience while generating additional revenue. Shaw reviewed: a. The new umbrellas, called “Funbrellas” can be used to increase revenue, especially for private parties. They are 20 foot umbrellas. b. Reviewed the 2019 Summer Schedule. c. Presented the Pool Reservation Cost Increase: La k eLucille F a i r v i e wFairview M e m o r i a lMemorial G a r d e n sGardens S e q u oy ah U n i t e dSequoyah U n i t e dMethodist C h u r c hMethodist C h u r c h UAM SUAMS E v e ly n H i l lsEvelyn H i l lsShoppingShoppingCenterCenter R o otRootElementa ryElementary U n i v .U n i v .Bap t is tBaptistCh.Ch. Wa s hi ng to nWashingtonElem.Ele m . Vet er an sVeteransHealth C ar eHealth C ar eSystem ofSystem ofthe Oz a r ksthe Oz a r ks M o n t e s s or iMontessoriSchoolSchool Th e N e wThe N e wSchoolSchool W o o d la n dWoodlandJuniorJuniorHighHigh G R E G O R Y P A R K BR O OK S-HU M M ELNATUREPRESERVE W I L S O N P A R K RRaann cchhDDrrBBiirrwwiinn SStt LLuunnssffoorrddAAvveeRayview DrRayview DrHolly StHolly St Elm StElm St OOaakkwwoooodd SSttHHiillllccrreessttAAvvee Charlee StCharlee St HHooppee SStt Calvin StCalvin StJane AveJane AveIla StIla St Louise StLouise St Peel StPeel St AApppplleebbuurryyDDrrEasy AveEasy AveHummingbird LnHummingbird LnBirch AveBirch AveAA nn ss oonnSS ttMMaarrkkssMMiillllLLnn LLaakkeerriiddggeeDDrrCCllaarrkkSSttBriarwood LnBriarwood LnLawson StLawson St Ada ms StAdams St CCllee bb uurrnnSSttBr ophy AveBr ophy AveKaryn AveKaryn AveShady LnShady LnWheeler AveWheeler AveCCee nn tt uu rryyDDrr Baxter LnBaxter Ln Edna StEdna St MMeemmoorriiaa llDDrrLLaakkeeffrroo nntt DDrr JJaacckkss oonnDDrrForest HtsForest HtsTTeerr rryy DDrrCCaa rr dd iinnaallDDrrTTaanngglleebbrriiaarrLL nn Rush DrRush DrCChhaarrlleeeeAAvveeLLaakkeessiiddee DDrrBB rrooaaddvviieewwDDrrCCoollttSSqquuaarreeDDrr KKiinnggssDD rr Willow AveWillow AveGreenvalley AveGreenvalley AveEEllmmwwoooo ddDD rrJJeesssseeDDrr AAuussttiinnDDrrCrest DrCrest DrFallin AveFallin AveVi nson AveVi nson AveGregg AveGregg AveOOllddWWiirreeRRddTownship StTownship St NiokaskaCreekSublettCr e e kScullCreekPPeemmbbrrookkeeRRddRockwood TrlRockwood Trl MM aappllee SStt Ash StAsh St Park AvePark AveOvercrest StOvercrest St MMii llllee rr SSttRReebbeeccccaa SStt Prospect StProspect StGregg AveGregg AvePoplar StPoplar St Green Acres RdGreen Acres RdOlive AveOlive AveWilson AveWilson AveWoolsey AveWoolsey AveJJ u u n n e e wwa a yy T T ee rr MMiissssiioonnBBllvvddCCoolllleeggeeAAvvee1700160016001400140055 55 55 RazorbackGreenwaySublett C reek Trail Fayette ville , AR Prop osed Align ment 1/2 Mile Buffer Oth er Planned Trail Existing Trail 20 Foot Contour The data contained herein was compiled from various sources for the sole use andbenefit of the City of Fayetteville Geographic Information S ystem and the publicagencies it serves. Any use of the data by anyone other than the City of Fayettevilleis at the sole risk of the user; and by acceptance of this data, the user does herebyagree to indemnify the City of Fayetteville and hold the City of Fayetteville harmlessfrom and without liability for any claims, actions, cost for damages of any nature,including the city's cost of defense, asserted by user or by another arising from theuse of this data. The City of Fayetteville makes no express or implied warranteeswith reference to the data. No word, phrase, or clause found herein shall beconstrued to waive that tort immunity set forth under A rkansas law. ¹0 ½¼Mile Businesses: 288 (Totalling 1,995 Jobs) Residences: 1,356 (2,739 Est. Population) LA K ELUCILLE U A M SUAMSNorthwestNorthwest 1s t U n i t ed1st U n i t edPresb. Ch .Pre s b. Ch . R i c ha r d s onRichardsonCenterCenter Ev el y n H i l l sEvelyn H i l l sShoppingShoppingCenterCenter O .N .F .O .N .F . ThriveThriveChristianChristianChurchChurch Ve t e r a ns H ealt h C areVeterans H ealt h C areSystem o f t he O za rk sSystem o f t he O za rk s Wo o d l andWoodlandJuniorJuniorHighHigh G REGO RYPARK BR O O K S-HU MM E LNATUREPRESERV ESublettCree k E Jackson DrE Jackson Dr E Birwin StE Birwin St EE BBrrooaaddvviieewwDDrrN Rayview DrN Rayview DrEE NNaa ttuurraa ll WWaayy EE OO aakk ww oooodd SStt NNHHiillllccrreessttAAvveeEE CCaallvviinn SStt E W in bau gh LnE W in bau gh Ln NNKKiinnggssDDrrE Abs h ier DrE Abs h ier Dr WWLLaakkeerriiddggeeDDrrEE BBrryyaann LLnn NNRR uu ss hh DDrr N Pollard AveN Pollard AveEE NN oo bb lleeLLnnN Wheeler AveN Wheeler AveE Ba xte r L nE Ba xte r L n E Lakesid e DrE Lakesid e Dr E Edna StE Edna St EEMM eemmoorriiaallDDrrEELLaakkeeffrroo nntt DDrr N Highland AveN Highland AveNNAAuussttiinnDDrrN Desoto PlN Desoto PlNNBBrrooaaddvv ii eeww DDrrN Woodland AveN Woodland AveNNEEddggeehhiillllDDrrE Ash StE Ash StNNGGrreeeennAAccrreessRRdd NNWWaallnnuuttAAvveeN Juneway TerN Juneway Ter£¤71B £¤71B NNMMiissssiioonnBBllvvddNNCCoolllleeggeeAAvveeE N o r th S tE N o r th S t E S y c a m o r e S tE S y c a m o r e S t NNOOllddWWiirreeRRdd55 Poplar Street Trail MissionTrailSublett CreekTrailSublett C reek Trail Fayette ville , AR ElevationHigh : 1550 Low : 1250 Te n Foot Contour Interval The data contained herein was compiled from various sources for the sole use andbenefit of the City of Fayetteville Geographic Information S ystem and the publicagencies it serves. Any use of the data by anyone other than the City of Fayettevilleis at the sole risk of the user; and by acceptance of this data, the user does herebyagree to indemnify the City of Fayetteville and hold the City of Fayetteville harmlessfrom and without liability for any claims, actions, cost for damages of any nature,including the city's cost of defense, asserted by user or by another arising from theuse of this data. The City of Fayetteville makes no express or implied warranteeswith reference to the data. No word, phrase, or clause found herein shall beconstrued to waive that tort immunity set forth under A rkansas law. ¹ Existing Trail Proposed Trail <-- To Razorback Greenway TO: City Council Transportation Committee THRU: Mayor Jordan Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Josh Boccaccio, Staff Engineer DATE: May 9, 2019 SUBJECT: City Plan 2040 Master Street Plan Update BACKGROUND: As a part of the City of Fayetteville’s update to its comprehensive plan, the City Engineering and Planning Divisions have developed a modified Master Street Plan Map as well as cross sections. DISCUSSION: The Engineering and Planning Divisions propose revisions to the Master Transportation Plan based on recommendations from the Fayetteville Mobility Plan by Nelson Nygaard including modifications such as using a different nomenclature for street hierarchy, lowering the classification of many streets and having fewer but more adaptable cross sections. The National Association of City Transportation Officials (NACTO) Urban Street Design Guide was also consulted. These revisions have been presented to stakeholders, the Active Transportation Advisory Committee, and Planning Commission with comments from each taken into consideration. Ultimately the proposed update will be presented to City Council for approval. Below is a list of major changes: • New designations for streets o Residential Link (Residential/Local) o Neighborhood Link (Collector) o Regional Link (Arterial) o Regional High Activity Link (Arterial) o Downtown/Urban • Lowered many street classifications on Master Street Plan Map • Ability to modify street cross sections based on land use context • Sidewalks have been widened for all classifications and range from 6 feet to 10 feet • Bicycles will be accommodated by either sharing the traffic lane with vehicles or in sidepaths Attachments: City Plan 2040 Guiding Policies Master Transportation Plan – Draft Master Street Plan Updates 2 Highlights: 1.New designations for streets. •Residential Link (Local) •Neighborhood Link (Collector) •Regional Link (Arterial) •Regional High Activity (Arterial) •Downtown/Urban 2.Lowered many street classifications on Master Street Plan Map. 3.Fewer street cross sections. 4.Ability to modify street cross sections based on land use context. 5.Sidewalks have been widened for all classifications, and range from 6 feet to 10 feet. 6.Bicycles accommodated by either sharing the traffic lane with vehicles, or in sidepaths. 3 4 5 Multiple roads downgraded to Residential Links W Wheeler, W Deane, W Mount Comfort, N Deane Solomon and N Double Springs downgraded from Minor Arterial to Neighborhood Link Many planned connections are now called out to be Residential Links 6 Multiple roads downgraded to Residential Links including E Bridgewater, N Horse Meadow, E Maywood, N Gulley and N Howard Porter Guy Terry Rd, Sassafras Hill downgraded from Regional Link (Arterial) to Residential Many planned connections are now called out to be Residential Links 7 Multiple roads downgraded to Neighborhood Links including S Double Springs, W Persimmon, and S Broyles Many planned connections are now called out to be Residential Links 8 Multiple roads downgraded to Neighborhood Links including S Morningside, S City Lake, E Willoughby, Dead Horse Mountain and S Armstrong Many planned connections are now called out to be Residential Links Downtown/Urban boundary extended to Martin Luther King, Jr. 9 Residential: Existing Proposed 14 Residential Link: Additional roadway elements: •2-ft frontage zone where buildings abut right-of-way •Lane widths increased to 11-ft on known or planned transit routes •Increase right-of-way by 4-ft to accommodate one 10-ft sidewalk on streets shown with on street bike facilities Alternative design elements: •7-ft parking lane may be removed when adequate parking is provided elsewhere Hilltop-Hillside Overlay: •The green/furniture zone and one sidewalk may be removed in the H.H.O.D •Utilities placed in 15-ft easements on either side of the roadway 10 Neighborhood/Collector: Existing Proposed 15 Neighborhood Link: Additional roadway elements: •2-ft frontage zone where buildings abut right-of-way •Reduced green spaces to accommodate one 10-ft sidewalk on streets shown with on street bike facilities •Where a dedicated turn lane is warranted 3-ft of additional pavement may be necessary based on intersection design Alternative design elements: •8-ft parking lane may be removed when adequate parking is provided elsewhere •Greenspace or parking may be modified intermittently to provide parking/deliver/loading lane or to provide an aerial fire apparatus access area 11 Downtown/Local Urban: Existing Proposed 16 Downtown/Urban: Additional roadway elements: •2-ft frontage zone where buildings abut right-of-way •Lane widths increased to 11-ft on known or planned transit routes Alternative design elements: •Removal of the 8-ft parking lane or lanes to reduce the right-of-way by 16-ft will be considered when adequate parking is provided elsewhere •Reduction of sidewalk and furniture zone widths •Removal of the furniture zone when bump-outs are used •Angled parking may be used with an additional amount of right-of-way 12 Regional/Arterial: Existing Proposed 17 Regional Link: Additional roadway elements: •2-ft frontage zone where buildings abut right-of-way •Center planting strip may be used for dedicated turn lane •10-ft sidewalks on streets shown with on street bike facilities Alternative design elements: •Greenspace of parking modified intermittently to provide parking/delivery/loading lane or to provide aerial fire apparatus area 13 Regional High Activity/Arterial: Existing Proposed 18 Regional –High Activity Link: Additional roadway elements: •2-ft frontage zone where buildings abut right-of-way •Center planting strip may be used for dedicated turn lane Alternative design elements: •Greenspace of parking modified intermittently to provide parking/delivery/loading lane or to provide aerial fire apparatus area 19 Summary of Right-of-Way: Proposed:Current: Street Right-of-Way Residential 43' Local 50' Local Urban 53' Collector (Intersection)70' Collector 59' Minor Arterial 77' Principal Arterial 87' H.H.O.D 27'/33' Downtown Streets 37'/43'/45'/63' Street Right-of-Way Standard Maximum Minimum Residential Link 52'58'27’* Neighborhood Link 67'67'55’ Downtown/Urban 61'79’39’ Regional Link 94'94' Regional Link HA 98'98' * H.H.O.D. cross section Right-of-way reductions or increases approved administratively based on context. Guiding Policies132 12.2 Master Transportation Plan Master Trails Plan The Master Transportation Plan is the guiding policy that the community, City Staff, the Planning Commission and the City Council utilize to proactively guide decisions regarding street classification, design, location, form and function. The Master Transportation Plan prescribes and plans for the development of a multi-modal transportation system in the form of streets, sidewalks, bicycle facilities, trails and transit. Multi-modal transportation system is vital to growing a livable transportation network. Consistent planning ensures that streets will efficiently circulate traffic within the community and connect Fayetteville to the rest of the regions. Special emphasis should be placed on multimodal transportation infrastructure design, access management and traffic speed and volume considerations when planning news streets and redeveloping existing ones. The Fayetteville Mobility Plan can be found here: http://www.fayetteville-ar.gov/DocumentCenter/View/15415/Fayetteville-Mobility-Plan- Final-Report---March-2018?bidId= The Master Transportation Plan contains three specific tools that are utilized to guide transportation infrastructure decision making: The Master Street Plan Map, Master Street Plan Cross-sections and the Master Trail Plan Map. The Fayetteville Active Transportation plan and associated Master Trails Plan Map guide the planning and development of the City’s expanding shared-use paved trail system. The Master Trail Plan map illustrates future trail alignments and trail corridors for acquiring easements and right-of-way. As development occurs adjacent to future trail alignments, careful attention is paid to acquiring the necessary trail easements and for providing site development input during the development review process. The trail cross-sections that follow the Master Street Plan cross-sections will be utilized for the construction of the City’s shared-use paved trails. Guiding Policies133 Master Street Plan Map and Street Cross-sections Landowners, developers, and city staff should use the Master Street Plan Map to determine the classification of existing roadways and to account for unbuilt alignments of future street connections. Once the street classification is determined, right-of-way widths can be found on the corresponding Street Cross Section. The street sections are shown with the typical minimum right of way. However, developers and property owners should work with staff to discuss any additional right of way elements that may require wider rights of way. Each cross section lists these additions, including: on-street parking, frontage zones where buildings abut right of way, additional width for fire aerial apparatus access, and other features. In instances where lesser right-of-way dedication is appropriate, administrative approval from the Planning and Zoning Administrator shall be required. Low Impact Development: The City encourages the use of Low Impact Development (LID) stormwater management strategies in street design and construction. Each of the street cross sections can be modified to incorporate LID best practices for stormwater management. Streets that include landscape strips or bump-outs are ideal for implementing LID strategies such as swales or infiltration basins. Developers and engineers should work closely with the City’s Development Services Department to plan and design appropriate stormwater management strategies and structures. Public Transportation: The construction of bus benches, shelters and transit pull-offs is a critical part of a successful transportation system. However, the need for such facilities is ultimately determined by the transit providers. The City should consult with the transit providers prior to the design of any new street, or major street improvement project to determine if the need for new facilities exist. Streets in the University of Arkansas Campus: The City of Fayetteville and the University of Arkansas will partner together in the planning, design, construction or re-construction of streets located within the University of Arkansas area. Streets identified on the Master Street Plan located within the University of Arkansas boundary are intended to be reviewed concurrently with the City and University staff prior to planning and design. These streets should be consistent with the policies of the Master Street Plan but may require alternative cross- sections due to physical constraints unique to the University. International Fire Code: The International Fire Code (IFC), which the State of Arkansas has adopted, requires a 20-foot minimum unobstructed width for all streets, which is reflected in the proposed street cross-sections. IF structures on either side of the street exceed 30 feet in height, or are above three stories, then the IFC requires a 26-foot minimum of unobstructed width. This document recognizes that street cross-sections may be modified to meet the IFC requirements. Guiding Policies134Vantage DrVantage DrLLaakkeevviieewwDDrr Sunshine RdSunshine RdJess Anderson RdJess Anderson Rd MMaappllee SStt George Anderson RdGeorge Anderson RdDouglas StDouglas St Hill AveHill AveStadium DrStadium DrCC lliinn tt oo nn DD rrHylton RdHylton RdRockwood TrlRockwood Trl SShhiill oohhDD rr Weir RdWeir Rd Village Lake DrVillage Lake Dr Center StCenter StDouble Springs RdDouble Springs RdHHoollllaannddDDrrPrairie StPrairie St DDrraakkeeSStt WW hhiitteehhoouusseeRRddAsh StAsh St BBuucchhaannaannAAvveeRay AveRay AveFF uu ttrr aa llll DDrr LLeevveerreettttAAvveeStarr DrStarr DrMMiillllssaapp RRdd DDoo gg ww oo oo dd DDrr Beechwood AveBeechwood AveSpring StSpring St Roberts RdRoberts RdSSaalleemmRRddMarkham RdMarkham Rd Cato Springs RdCato Springs Rd Powell StPowell StCCaammeelllliiaaLLnnAlberta StAlberta St CCuurrttiissAAvv eeCarley RdCarley RdPPaarrkkAAvveeTurner StTurner StPoplar StPoplar St EE dd EE ddww aarrddssRRddEEddEEddwwaarrddssRRddEEddEEddwwaarrddssRRddEEddEEddwwaarrddssRRddSS ttoo nn ee MMoouunnttaaiinn DDrr Stubblefield RdStubblefield Rd Government AveGovernment AveWilson StWilson StHeritage AveHeritage AveMMaayywwooooddRRdd East Oaks DrEast Oaks DrMMaallllyy WW aa gg nnoonn RRddOvercrest StOvercrest St Persimmon StPersimmon St Persimmon StPersimmon St CClluubbHHoouusseePP kk ww yy BBlluuee HHoollee RRdd GG uunn CClluubb RRdd SSuunnddoo wwnneerrRRaanncchhAAvveeBishop DrBishop Dr Harold StHarold St WWeeiirr RRdd MMiilllleerr SS ttEElllliissAAvvee Rebecca StRebecca St Prospect StProspect St NNeewwBBrriiddggee RRdd DD aakkoottaa TTrrllDickson StDickson StBBeerrkklleeiigghhDDrr Wolfdale RdWolfdale Rd Goff Farm RdGoff Farm Rd F ut r all DrFut r a ll Dr Dickson StDickson St BB rr ee aakkssttoonneeDDrr Duncan AveDuncan AveTToowwnnsshhiipp SSttWinwood DrWinwood Dr13th St13th St Stone StStone St54th Ave54th Ave7th St7th StPlum Tree DrPlum Tree DrWWhhii ppppoooorrwwii llll CCttGGrreeeennbbuurrrr oowwRRdd CCoolloonniiaallDDrrCChheerrookkeeeeDDrr Gibson Hill RdGibson Hill Rd RRiiddggeewwaayyDDrrPPeerrssiimmmmoonnSStt Stone StStone St MM oorrnniinnggMMiissttDDrr Howard Porter RdHoward Porter RdStearns StStearns St Riviera PlRiviera Pl GGrreeeennvviieewwDDrrHappy Hollow RdHappy Hollow Rd18th St18th St Mclaren DrMclaren Dr HHaarrrriiss DDrr HHeeaarrtthhssttoonnee DDrr S o ut h wi n d s Rd S o u th win ds R d KKaatthheerrii nneeAAvveeFFuutt rraall ll DDrr Crystal DrCrystal Dr Sellers RdSellers Rd Doyne Hamm DrDoyne Hamm DrHosta DrHosta DrOlive AveOlive AveFFiinnggeerrRRddBBuullllddooggBBllvvdd Cleveland StCleveland St VVaannHHoooosseeDDrrGregg AveGregg AveMcclinton StMcclinton St 15th St15th St46th Ave46th AveCClliiffffssBBllvvdd Shelton RdShelton RdPPeemmbbrrookkeeRRddKlenc RdKlenc RdCClleeaarr CCrreeeekkBBllvvdd Black Oak AveBlack Oak Ave AArraapp aa hhoo AAvvee MMaallllAAvveeJimmy Devault RdJimmy Devault Rd Ashwood AveAshwood AveCCllyyddee CCaarrnneess RRdd TTrreennttoonnBBllvvdd LLaakkee SSeeqquuooyyaahhRRdd LLaakkee SS ee qq uuooyyaahhRRdd Fairlane StFairlane St Pump Station RdPump Station Rd Julio RdJulio Rd Bel Air DrBel Air Dr Jenkins RdJenkins Rd 24th St24th StGregg AveGregg AveHighland AveHighland AveWesley Stevens RdWesley Stevens RdMeandering WayMeandering WayMMeellmmaarrDDrr Wood AveWood AveSShhiilloohhDDrrSShhiilloohhDDrrEElleeccttrriicc AA vv ee Albright RdAlbright Rd Milo WayMilo Way Richardson RdRichardson Rd BBaattttlleeffiiee lldd PP aa rr kk RR ddBBaattttlleeffiieellddPPaarrkkRRdd 51st Ave51st Ave56th St56th StSShh iilloo hh DDrr GGrreeeennAAccrreessRRddCClleeaarrCCrreeeekkRRdd Brooks AveBrooks AvePP iinn OO aakk RRdd Gardner RdGardner RdAAddaammssRRddWWaallnnuuttAAvveeSSuunnrriisseeMMoouunnttaaiinnRRdd BBeeaavv--oo--rraammaa RRdd RRoocckkyyCCrreeeekkRRddFieldstone AveFieldstone AveMagnolia DrMagnolia Dr HarrisHarrisArrowhead StArrowhead St Drake StDrake St CCuusstteerrLLnnL o v ers L n L o v e r s L n Shady Grove RdShady Grove Rd EErrvvaann BBeeeekkss RRdd Fisher RdFisher RdSShheerrrryy RRdd WWhheeeelleerrHHeeiigghhttss RRdd Piazza RdPiazza RdWilliams RdWilliams RdElaine AveElaine Ave48th St48th StPianalto RdPianalto RdMMoouunnttCCoommffoorrttRRdd SSoonnoorraaRR dd64th St64th StBetty Jo DrBetty Jo DrKelly AveKelly Ave Woolsey Farm RdWoolsey Farm Rd SSuummmmeerrRRaaiinn RRdd SSuummmmeerr RRaaiinn RRddRiches RdRiches RdVan Asche DrVan Asche Dr RRhheeaass MMiillll RRdd RRhheeaass MMiillll RRdd RRhheeaass MMiillll RRddStarnes RdStarnes RdSunbridge DrSunbridge Dr Columbia DrColumbia DrWWiillssoonn HHoollllooww RRdd LLaakkeeSSeeqquuooyyaahhDDrrIvey LnIvey Ln Floyd RdFloyd Rd Stone Bridge RdStone Bridge RdTT hh uu nn dd ee rr RRddTThhuunnddeerrRRddBBlluueeJJaayyLLnnRRoocckkcclliiffff RRddRodgers DrRodgers Dr Forest Hills DrForest Hills Dr LLaaccyyDDrr WWhhiitteeOOaa kk RRdd EEllkkhhoorrnnSSpprriinnggssRRddBBrriiddggeewwaatteerrLLnn CClleeaa rr WWaatteerr RR ddDon Tyson PkwyDon Tyson Pkwy WWhhiittee OOaakk DDeeaanneeSSoolloommoonnRRddSSaavvooyyRRddBuddy Elkins RdBuddy Elkins Rd SStteeeellee RRdd SS tteeeelleeRRdd HHaarrrriissRRddHarris RdHarris RdHarris RdHarris RdJohnson RdJohnson RdHughmount RdHughmount RdHHuugghhmmoouunnttRRddEErrnneessttLLaannccaa sstteerr DDrrPPlluummbbeerroossaaDD rr SShhaaeeffffeerrRRddSShhaaee ffffee rr RRddKornhaus RdKornhaus RdBlack NurseryBlack NurseryOxford Bend RdOxford Bend RdWWrriigghhtt RR dd White Oak ChurchWhite Oak ChurchRRoo uunnddMMoouunntt aaii nnCC oo mm mm RR ddVVaauugghhaannRRdd Jack Mcclure RdJack Mcclure Rd Dowell RdDowell RdDot Tipton RdDot Tipton RdJJoohhnnGGaarrrriissoonnRRdd Wilson LnWilson Ln CCaammppbbeellll LLnn BBuuggTTuusssslleeRRddSSaalleemmRRddBBiillll SSeelllleerrss RRdd WWeeiirr RRddHHiigghhllaanndd CChhuu rr cc hh RR dd Fox TrlFox TrlOOaakkBBaaiilleeyyDDrrGarland AveGarland AveLLeewwiissAAvveeRupple RdRupple RdViewpoint DrViewpoint DrGGoollffCClluu bb DDrrMMeeaaddoowwllaannddssDDrr 4488tt hh SSttAA ss ss ee mmbbllyy DD rr CCaammbbrriiddggeeRRddCCoouunntt rr yyCCll uubbDDrr CCaammbbrriiddggeeSSttChestnut AveChestnut AveSang AveSang AveAAzzaall eeaaTT ee rr Tallgrass DrTallgrass DrNNeeww HHooppee RRdd SStt ookkeennbbuurr yyRRddHunter StHunter StHunt LnHunt LnOakland AveOakland AveBlock AveBlock AveSchool AveSchool AveWest AveWest AveHigh AveHigh AveLLooxxlleeyyAAvveeMcconnell AveMcconnell AveCollege AveCollege AveElizabeth AveElizabeth AveWashington AveWashington AveLocust StLocust StCris Hollow RdCris Hollow RdWilson AveWilson AveFletcher AveFletcher AveSang AveSang AveJuneway T erJ uneway Te r Willow AveWillow AveHHoowwaarrddNNiicckkeellllRR dd RR ee dd FF oo xx DD rr OOllddMMiillllRRddSSkkyylliinneeDDrrRupple RdRupple RdWoolsey AveWoolsey AveParkview DrParkview DrWWaa rr wwiicc kk DDrrFFrroonnttSStt HHiiddddeennCCrreeeekkDDrrEErriikkaaAAvveeBob Younkin DrBob Younkin DrCarlsbad TrceCarlsbad TrceWWaallnnuuttDDrr54th Ave54th AveDDiinn ss mmoorree TTrrll NNeeiillllssBBll uuffffRRddSteele BlvdSteele BlvdCCaannddll eewwoo oo ddDDrr OO lldd FFaa rrmm iinn gg ttoo nn RRdd FFrroonnttaaggee RRddFFrriissccooDDrrJJii mmBBrr ooookkssRRddGiles RdGiles RdHarvey Dowell RdHarvey Dowell RdVVaannddeerrggrriiffffDDrrSSttrraawwbbeerrrryyPPllaannttRRdd Broyles StBroyles StHarmon RdHarmon RdOOllddMMiissssoouurriiRRddCCrr oossssoovveerrRRddMM aa iinn DDrr DDeeaannee SStt H o w a r d N i c k e l l R dHoward N i c k e l l R d HHwwyy226655Porter RdPorter RdM iss io n B lv d M is sio n B lvdGGrreeggggAAvveeCCrroossssoovveerrRRdd HHaabbbbeerrttoonnRRddRRoolllliinngg HHiillllss DD rr Zi o n R dZion R d Hunter StHunter StRRaazzoorrbbaacckkRRddOld Wire RdOld Wire RdHHwwyy6622GGoooosseeCCrreeeekkRRdd Rupple RdRupple RdJ o yc e B l v dJoyce B lv d NNoo rr tt hh SStt Butterfield Coach RdButterfield Coach RdEEll mmoorreeSSttMMoorrnniinnggssiiddeeDDrrTToo wwnnss hh iipp SS tt U a B e ef Fa r m R dUa B e e f F a r m Rd School AveSchool AveMM ii ss ss ii oo nn BB ll vv dd W e d i n g t on D rWedington D r M aple S tMaple S t CCaattooSSpprrii nnggssRRddDDoouubblleeSSpprriinnggssRRddH u n t s v i l l e R dHuntsville R dWilkerson StWilkerson StD i ck s o n S tDickson S t H w y 1 7 0Hwy 1 7 0HHaa rr mmoonnRRddS y c amo re S tSycamore S t M a i n S tMain S t CCiittyyLLaakkeeRRddRazorback RdRazorback RdZi o n R dZion R dMMaaee ss tt rr ii RRddM a r t i n L u the r Kin g B l vdMartin Lut h e r K i n g Blv d D o n T y s o n P k w yDon T y s o n P k w y Do n T y s o n P k w yDon T y s o n P k w y Johnson RdJohnson RdGregg AveGregg AveGarland AveGarland AveBBrrooyylleessAAvveeWWyy mm aa nn RR dd MMii ss ss iioo nn BB ll vvdd M a r t i n L u t h e r K i n g B l v d M a r t in L u t h e r K in g B l v d JJoo hh nn ss oonn MMii llll BB ll vvdd CCrroossssoovveerrRRddHarmon RdHarmon RdCCrroossssoovveerrRRddHwy 16 Hwy 16 Armstrong AveArmstrong AveOOaakkllaannddZZiioonnRRdd40th St40th StMM oo uu nntt CC oo mm ffoo rr tt RRdd WWhheeeelleerr RRdd Double Springs RdDouble Springs RdFFuullbbrrii gghhtt EE xxppyy Douglas StDouglas StSSkkiilllleerr nn RRdd CCoolllleeggeeAAvveeM a in S tM a in S tGG oo oo ss ee CC rr ee ee kk RR dd GGrreeggggAAvveeRupple RdRupple RdWilson St Wilson St WWyymmaannRRddW y m a n R dWyman R d W y m a n R dWyman R d WWeeddiinnggttoonn DDrr Main AveMai n AveG u l l e y R dGulley Rd Gulley RdGulley RdOOllddMMiissssoouurriiRRddRRee ee dd VV aa ll ll ee yy RR dd RR ee ee dd VV aa ll ll ee yy RR dd Huntsville Rd Huntsville RdCollege AveCollege AveCrossover RdCrossover RdZ i o n R dZion R d HH aa mmee ssttrriinngg RRdd TT oo ww nn ss hhii pp SStt Salem RdSalem RdSalem RdSalem RdLittle Elm RdLittle Elm RdLittle Elm RdLittle Elm Rd85th Ave85th AveHH uu nn tt ss vv ii ll ll ee RR dd SScchhoooollAAvveeO l d Wi r e RdOld W i r e R d FF oo xx HH uunntteerr RRdd SSaassssaaffrraassHHiillllRRddBB ll aa cc kk OO aa kk RR dd W e d i n g t o n D rWedington D r BB ll aa cc kk OO aakk RRdd BBllaacckk OO aa kk RR dd GGuuyy TTee rr rryy RR dd Hwy 62Hwy 62Main AveMain AveBBaarrrriinnggttoonnWWhheeeelleerrRR dd WWhheeeelleerrRRddDD oo uu bb ll ee SS pp rr ii nn gg ss RR dd Hwy 62Hwy 62W ed in g t o n D rWedington D r J o h n s o n M i ll B lv d J o h n s o n M il l B lv d Harmon RdHarmon RdCollege AveCollege AveThompson StThompson StB o w e n B l v dBowen B l v d We d i n g t o n D rWedington D r A r b o r A c r es A v eArbor A c r e s A v e AA rr bb oorr AA cc rr ee ss AA vv ee HHwwyy117700WWiill lloo uugg hhbbyy RRddHHaammeessttrrii nn gg RRdd Hwy 62Hwy 62HH uunnttssvviillllee RRddDDeeaaddHH oorrsseeMMoouunnttaaiinnRRddHHwwyy 111122BBaarrrrii nnggttoonnJJooyycc ee BB llvv dd H w y 1 7 0 H w y 1 7 0 15t h S t15th S t BB ee tt hh ee ll BB ll aa cc kk tt oo pp B e t he l B la c k t o pBethel B l a ck t o p FFuu ll bb rr ii gg hh ttEExxppyyF u lb rig h t E x p y F u lb r ig h t E x p yHwy 1 1 2Hwy 1 1 2 1 5 t h S t15th S t DDoo nn TTyy ssoonn PPkkwwyy Habberton RdHabberton RdHHaabbbbeerrtt oonnRRddCenter St Center StOOllddWWiirreeRRddDrake S tDrake St HHwwyy 1166 Map Document: (G:\GIS2\Core Maps\Master Street Plan (2030)\Maps\MSP_2030_FINAL_Esize.mxd)4/16/2012 -- 2:58:26 PM Potential Typology Connection - Regional Link Connection - Neighborhood Link Connection - Residential Link Urban Center Regional Link - High Activity Regional Link Neighborhood Link Institutional Master Plan Freeway/Expressway FutureShared-Use Paved Trail Existing Shared-Use Paved Trail Park Planning Area Boundary City Plan 2040 Master Street Plan (Draft) Adopted by the Fayetteville City Council on Month Day, Year Resolution No. ###-## _____________________________Mayor _____________________________ City Clerk N o t e :N o t e : T h e f u t u r e t r a i l s s h o w n o n t h i s m a p a r e i n d r a f t f o r m a n d a r e b e i n g T h e f u t u r e t r a i l s s h o w n o n t h i s m a p a r e i n d r a f t f o r m a n d a r e b e i n g e v a l u a t e d b y t h e A c t i v e T r a n s p o r t a t i o n A d v i s o r y C o m m i t t e e . e v a l u a t e d b y t h e A c t i v e T r a n s p o r t a t i o n A d v i s o r y C o m m i t t e e . T h e i n t e n t i s t o a d o p t a n u p d a t e d v e r s i o n o f t h e f u t u r e t r a i l sThe i n t e n t i s t o a d o p t a n u p d a t e d v e r s i o n o f t h e f u t u r e t r a i l s a t t h e s a m e t i m e t h e n e w m a s t e r s t r e e t p l a n i s a d o p t e d . a t t h e s a m e t i m e t h e n e w m a s t e r s t r e e t p l a n i s a d o p t e d . O010.5 Miles Guiding Policies135 Residential Link Street Design Service Volume: <4,000 vpd The residential link street section is intended to be the standard in neighborhoods and low-volume areas outside of the downtown. Generous greenspace and a comfortable sidewalk are coupled with on-street parking to create a safe environment for all modes and abilities. Most residential link streets will have a design service volume <1,500 vpd allowing bicycles to intermix with traffic safely. On-street protected bike facilities should be considered where traffic volumes or speeds exceed thresholds for all ages and abilities. Residential links should be designed and proposed meeting block length, connectivity, and access management codes. Storm drainage infrastructure should have adequate depth or be offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: • An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. • If known or planned transit route, increase lane widths to 11-ft. • Streets planned with on street bike facilities as shown on the Active Transportation Plan, shall accommodate one 10-ft sidewalk, as determined by the Zoning and Development Administrator, by increasing right-of-way by 4-ft. Alternative design elements may be approved administratively and include: • Removal of the 7-ft parking lane will be considered when adequate parking is provided elsewhere. Hilltop-Hillside Overlay District (H.H.O.D.) • Removal of the green/furniture zone and one sidewalk shall be allowed in the Hilltop-Hillside Overlay District. • Utilities shall be placed in 15-ft easements on either side of the roadway. Residential Link Street Design Service Volume: <4,000 vpd The residential link street section is intended to be the standard in neighborhoods and low-volume areas outside of the downtown. Generous greenspace and a comfortable sidewalk are coupled with on-street parking to create a safe environment for all modes and abilities. Most residential link streets will have a design service volume <1,500 vpd allowing bicycles to intermix with traffic safely. On-street protected bike facilities should be considered where traffic volumes or speeds exceed thresholds for all ages and abilities. Residential links should be designed and proposed meeting block length, connectivity, and access management codes. Storm drainage infrastructure should have adequate depth or be offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: •An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. •If known or planned transit or delivery route, increase lane widths to 11-ft. •Streets planned with on street bike facilities as shown on the Active Transportation Plan, shall accommodate one 10-ft sidewalk, as determined by the Zoning and Development Administrator, by increasing right-of-way 4-ft. Alternative design elements may be approved administratively and include: •Removal of the 8-ft parking lane will be considered when adequate parking is provided elsewhere. Hilltop-Hillside Overlay District (H.H.O.D): •Removal of the green/furniture zone and one sidewalk shall be allowed in the Hilltop-Hillside Overlay District. •Utilities shall be placed in 15-ft easements on either side of the roadway.DRAFTResidential Link Street Design Service Volume: <4,000 vpd The residential link street section is intended to be the standard in neighborhoods and low-volume areas outside of the downtown. Generous greenspace and a comfortable sidewalk are coupled with on-street parking to create a safe environment for all modes and abilities. Most residential link streets will have a design service volume <1,500 vpd allowing bicycles to intermix with traffic safely. On-street protected bike facilities should be considered where traffic volumes or speeds exceed thresholds for all ages and abilities. Residential links should be designed and proposed meeting block length, connectivity, and access management codes. Storm drainage infrastructure should have adequate depth or be offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: •An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. •If known or planned transit or delivery route, increase lane widths to 11-ft. •Streets planned with on street bike facilities as shown on the Active Transportation Plan, shall accommodate one 10-ft sidewalk, as determined by the Zoning and Development Administrator, by increasing right-of-way 4-ft. Alternative design elements may be approved administratively and include: •Removal of the 8-ft parking lane will be considered when adequate parking is provided elsewhere. Hilltop-Hillside Overlay District (H.H.O.D): •Removal of the green/furniture zone and one sidewalk shall be allowed in the Hilltop-Hillside Overlay District. •Utilities shall be placed in 15-ft easements on either side of the roadway.DRAFT Guiding Policies136 Downtown/Urban Street Design Service Volume: Varies The downtown (or urban) street section is intended to be used in Fayetteville’s downtown core. Wide sidewalks, with separated furnishing/tree zones will be the standard. On-street parking is desirable and low-speed design should be encouraged to allow for maximum pedestrian comfort and utilization. Sight-lines at intersections should be protected from obstructions. Ideally, bicycles should be able to intermix with traffic safely and on-street protected bike facilities considered where traffic volumes or speeds exceed thresholds for all ages and abilities. Storm drainage infrastructure should have adequate depth or be offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: • An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. • An additional 8-ft parking lane where necessary, as determined by the Planning and Zoning Administrator. • If known or planned transit route, increase lane widths to 11-ft. Alternative design elements may be approved administratively and include: • Removal of the 8-ft parking lane or lanes to reduce the right-of- way by 16-ft will be considered when adequate parking is provided elsewhere. • Sidewalk widths may be reduced to a minimum of 6-ft. • Furniture zone may be reduced to 3' when determined appropriate by the Planning and Zoning Administrator. • Where bump-outs are used, the 4-ft furniture zone may be removed. Street trees may be planted behind sidewalk to meet requirements. • Angled parking may be used with an additional amount of right-of-way as determined by the Zoning and Development Administrator. Downtown/Urban Street Design Service Volume: Varies The downtown (or urban) street section is intended to be used in Fayetteville’s downtown core. Wide sidewalks, with separated furnishing/tree zones will be the standard. On-street parking is desirable and low-speed design should be encouraged to allow for maximum pedestrian comfort and utilization. Sight-lines at intersections should be protected from obstructions. Ideally, bicycles should be able to intermix with traffic safely and on-street protected bike facilities considered where traffic volumes or speeds exceed thresholds for all ages and abilities. Storm drainage infrastructure should have adequate depth or be offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: •An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. •An additional 8-ft parking lane where necessary, as determined by the Zoning and Development Administrator. •If known or planned transit or delivery route increase lane widths to 11-ft. Alternative design elements may be approved administratively and include: •Removal of the 8-ft parking lane or lanes to reduce the right-of-way by 16-ft will be considered when adequate parking is provided elsewhere. •Sidewalk widths may be reduced to a minimum of 6-ft. •Furniture zone may be reduced to 3' when determined appropriate by the Planning and Zoning Administrator. •Where bump-outs are used, the 4-ft furniture zone may be removed. Street trees may be planted behind sidewalk to meet requirements. •Angled parking may be used with an additional amount of right-of-way as determined by the Zoning and Development Administrator. Downtown/Urban Street Design Service Volume: Varies The downtown (or urban) street section is intended to be used in Fayetteville’s downtown core. Wide sidewalks, with separated furnishing/tree zones will be the standard. On-street parking is desirable and low-speed design should be encouraged to allow for maximum pedestrian comfort and utilization. Sight-lines at intersections should be protected from obstructions. Ideally, bicycles should be able to intermix with traffic safely and on-street protected bike facilities considered where traffic volumes or speeds exceed thresholds for all ages and abilities. Storm drainage infrastructure should have adequate depth or be offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: •An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. •An additional 8-ft parking lane where necessary, as determined by the Zoning and Development Administrator. •If known or planned transit or delivery route increase lane widths to 11-ft. Alternative design elements may be approved administratively and include: •Removal of the 8-ft parking lane or lanes to reduce the right-of-way by 16-ft will be considered when adequate parking is provided elsewhere. •Sidewalk widths may be reduced to a minimum of 6-ft. •Furniture zone may be reduced to 3' when determined appropriate by the Planning and Zoning Administrator. •Where bump-outs are used, the 4-ft furniture zone may be removed. Street trees may be planted behind sidewalk to meet requirements. •Angled parking may be used with an additional amount of right-of-way as determined by the Zoning and Development Administrator. Guiding Policies137 Neighborhood Link Street Design Service Volume: <6,000 vpd Neighborhood link streets are intended to bridge between local, low-volume streets and larger regional arterial streets. Larger greenspaces are provided for pedestrian comfort and cyclists are intended to be outside the roadway in a separated facility due to vehicular speeds and volumes. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. These streets may have on-street parking, center turn lanes, or wider lanes accommodating truck or transit vehicles where appropriate. As determined by city staff, additional roadway elements may be required and include: • An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. • Streets planned with on street bike facilities as shown on the Active Transportation Plan, shall accommodate one 10-ft sidewalk, as determined by the Zoning and Development Administrator, by reducing greenspaces. • Where a dedicated turn-lane is warranted, 3-ft additional pavement may be necessary based on intersection design. Alternative design elements may be approved administratively and include: • Removal of the 8-ft parking lane will be considered when adequate parking is provided elsewhere. • Sidewalk widths may be reduced to a minimum of 6-ft. • Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide an aerial fire apparatus access area. Neighborhood Link Street Design Service Volume: <6,000 vpd Neighborhood link streets are intended to bridge between local, low-volume streets and larger regional arterial streets. Larger greenspaces are provided for pedestrian comfort and cyclists are intended to be outside the roadway in a separated facility due to vehicular speeds and volumes. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. These streets may have on-street parking, center turn lanes, or wider lanes accommodating truck or transit vehicles where appropriate. As determined by city staff, additional roadway elements may be required and include: •An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. •Streets planned with on street bike facilities as shown on the Active Transportation Plan, shall accommodate one 10-ft sidewalk, as determined by the Zoning and Development Administrator, by reducing greenspaces. •Where a dedicated turn-lane is warranted, 3-ft additional pavement may be necessary based on intersection design. Alternative design elements may be approved administratively and include: •Removal of the 8-ft parking lane will be considered when adequate parking is provided elsewhere. •Sidewalk widths may be reduced to a minimum of 6-ft. •Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide an aerial fire apparatus access area. Neighborhood Link Street Design Service Volume: <6,000 vpd Neighborhood link streets are intended to bridge between local, low-volume streets and larger regional arterial streets. Larger greenspaces are provided for pedestrian comfort and cyclists are intended to be outside the roadway in a separated facility due to vehicular speeds and volumes. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. These streets may have on-street parking, center turn lanes, or wider lanes accommodating truck or transit vehicles where appropriate. As determined by city staff, additional roadway elements may be required and include: •An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. •Streets planned with on street bike facilities as shown on the Active Transportation Plan, shall accommodate one 10-ft sidewalk, as determined by the Zoning and Development Administrator, by reducing greenspaces. •Where a dedicated turn-lane is warranted, 3-ft additional pavement may be necessary based on intersection design. Alternative design elements may be approved administratively and include: •Removal of the 8-ft parking lane will be considered when adequate parking is provided elsewhere. •Sidewalk widths may be reduced to a minimum of 6-ft. •Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide an aerial fire apparatus access area. Guiding Policies138 Regional Link Street Design Service volume: 17,600 vpd Regional link streets carry local and regional multimodal traffic, serving low-density residential areas and open spaces. Similar to neighborhood link streets, larger greenspaces are provided for pedestrian comfort and cyclists are intended to be outside the roadway in a separated facility due to vehicular speeds and volumes. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. A center lane is reserved for use as a planted median, alternating left-turn lane, or continuous two-way-left-turn-lane. Storm drainage infrastructure should have adequate depth or offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: • An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. • Where necessary and warranted, the center planting strip may be used for dedicated turn lanes. • Streets planned with on street bike facilities as shown on the Active Transportation Plan, shall accommodate 10-ft sidewalks by reducing greenspaces. Alternative design elements may be approved administratively and include: • Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide aerial fire apparatus access area. Regional Link Street Design Service volume: 17,600 vpd Regional link streets carry local and regional multimodal traffic, serving low-density residential areas and open spaces. Similar to neighborhood link streets, larger greenspaces are provided for pedestrian comfort and cyclists are intended to be outside the roadway in a separated facility due to vehicular speeds and volumes. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. A center lane is reserved for use as a planted median, alternating left-turn lane, or continuous two-way-left-turn-lane. Storm drainage infrastructure should have adequate depth or offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: •An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. •Where necessary and warranted, the center planting strip may be used for dedicated turn lanes. •Streets planned with on street bike facilities as shown on the Active Transportation Plan, shall accommodate 10-ft sidewalks by reducing greenspaces. Alternative design elements may be approved administratively and include: •Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide aerial fire apparatus access area. Regional Link Street Design Service volume: 17,600 vpd Regional link streets carry local and regional multimodal traffic, serving low-density residential areas and open spaces. Similar to neighborhood link streets, larger greenspaces are provided for pedestrian comfort and cyclists are intended to be outside the roadway in a separated facility due to vehicular speeds and volumes. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. A center lane is reserved for use as a planted median, alternating left-turn lane, or continuous two-way-left-turn-lane. Storm drainage infrastructure should have adequate depth or offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: •An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. •Where necessary and warranted, the center planting strip may be used for dedicated turn lanes. •Streets planned with on street bike facilities as shown on the Active Transportation Plan, shall accommodate 10-ft sidewalks by reducing greenspaces. Alternative design elements may be approved administratively and include: •Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide aerial fire apparatus access area. Guiding Policies139 Regional High-Activity Link Street Design Service volume: 17,600 vpd Regional high activity link streets carry local and regional multimodal traffic through a variety of densities and land uses. This street may have on-street parking on one or both sides based on adjacent land-use and will have large sidewalks used also as multi-use shared paths for cyclists. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. A center lane is reserved for use as a planted median, alternating left-turn lane, or continuous two-way-left-turn-lane. Storm drainage infrastructure should have adequate depth or be offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: •An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. •Where necessary and warranted, the center planting strip may be used for dedicated turn lanes. Alternative design elements may be approved administratively and include: •Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide aerial fire apparatus access area. Regional High-Activity Link Street Design Service volume: 17,600 vpd Regional high activity link streets carry local and regional multimodal traffic through a variety of densities and land uses. This street may have on-street parking on one or both sides based on adjacent land-use and will have large sidewalks used also as multi-use shared paths for cyclists. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. A center lane is reserved for use as a planted median, alternating left-turn lane, or continuous two-way-left-turn-lane. Storm drainage infrastructure should have adequate depth or be offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: • An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. • Where necessary and warranted, the center planting strip may be used for dedicated turn lanes. Alternative design elements may be approved administratively and include: • Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide aerial fire apparatus access area. Regional High-Activity Link Street Design Service volume: 17,600 vpd Regional high activity link streets carry local and regional multimodal traffic through a variety of densities and land uses. This street may have on-street parking on one or both sides based on adjacent land-use and will have large sidewalks used also as multi-use shared paths for cyclists. Special design consideration for cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all skill levels. A center lane is reserved for use as a planted median, alternating left-turn lane, or continuous two-way-left-turn-lane. Storm drainage infrastructure should have adequate depth or be offset to avoid conflicts with street tree plantings. As determined by city staff, additional roadway elements may be required and include: •An additional 2-ft frontage zone where buildings abut right-of-way. This may be accomplished with setbacks or additional right-of-way. •Where necessary and warranted, the center planting strip may be used for dedicated turn lanes. Alternative design elements may be approved administratively and include: •Greenspace or parking may be modified intermittently to provide parking/delivery/loading lane or to provide aerial fire apparatus access area. Guiding Policies140 Alleys Design Service Volume: <200 Alleys are used in conjunction with streets to provide rear access to properties, garages and off-street parking. Driveways connected to alleys should have sufficient depth to allow vehicles to park and not encroach into the alley right-of-way. When alleys intersect streets a commercial driveway shall be used. Fire Department: Alleys used in conjunction with single- and two-family units are not intended to serve as fire access roads when structures also adjoin a private or public street that provides the required fire access. Fire access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by and approved route around the exterior of the building or facility. When an alley serves as the sole access, or when more than one access is required per the Arkansas Fire code, alleys shall be designed in accordance with the Arkansas Fire Code to support apparatus access, with approval from the Fire Marshall. Alleys Design Service Volume: <200 Alleys are used in conjunction with streets to provide rear access to properties, garages and off-street parking. Driveways connected to alleys should have sufficient depth to allow vehicles to park and not encroach into the alley right-of-way. When alleys intersect streets a commercial driveway shall be used. Alleys Design Service Volume: <200 Alleys are used in conjunction with streets to provide rear access to properties, garages and off-street parking. Driveways connected to alleys should have sufficient depth to allow vehicles to park and not encroach into the alley right-of-way. When alleys intersect streets a commercial driveway shall be used. Fire Department: Alleys used in conjunction with single- and two-family units are not intended to serve as fire access roads when structures also adjoin a private or public street that provides the required fire access. Fire access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by and approved route around the exterior of the building or facility. When an alley serves as the sole access, or when more than one access is required per the Arkansas Fire code, alleys shall be designed in accordance with the Arkansas Fire Code to support apparatus access, with approval from the Fire Marshall. Alleys Design Service Volume: <200 Alleys are used in conjunction with streets to provide rear access to properties, garages and off-street parking. Driveways connected to alleys should have sufficient depth to allow vehicles to park and not encroach into the alley right-of-way. When alleys intersect streets a commercial driveway shall be used. Fire Department: Alleys used in conjunction with single- and two-family units are not intended to serve as fire access roads when structures also adjoin a private or public street that provides the required fire access. Fire access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by and approved route around the exterior of the building or facility. When an alley serves as the sole access, or when more than one access is required per the Arkansas Fire code, alleys shall be designed in accordance with the Arkansas Fire Code to support apparatus access, with approval from the Fire Marshall. Fire Department: Alleys used in conjunction with single- and two-family units are not intended to serve as fire access roads when structures also adjoin a private or public street that provides the required fire access. Fire access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by and approved route around the exterior of the building or facility. When an alley serves as the sole access, or when more than one access is required per the Arkansas Fire code, alleys shall be designed in accordance with the Arkansas Fire Code to support apparatus access, with approval from the Fire Marshall. Alleys Design Service Volume: <200 Alleys are used in conjunction with streets to provide rear access to properties, garages and off-street parking. Driveways connected to alleys should have sufficient depth to allow vehicles to park and not encroach into the alley right-of-way. When alleys intersect streets a commercial driveway shall be used. Fire Department: Alleys used in conjunction with single- and two-family units are not intended to serve as fire access roads when structures also adjoin a private or public street that provides the required fire access. Fire access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by and approved route around the exterior of the building or facility. When an alley serves as the sole access, or when more than one access is required per the Arkansas Fire code, alleys shall be designed in accordance with the Arkansas Fire Code to support apparatus access, with approval from the Fire Marshall. Alleys Design Service Volume: <200 Alleys are used in conjunction with streets to provide rear access to properties, garages and off-street parking. Driveways connected to alleys should have sufficient depth to allow vehicles to park and not encroach into the alley right-of-way. When alleys intersect streets a commercial driveway shall be used. Fire Department: Alleys used in conjunction with single- and two-family units are not intended to serve as fire access roads when structures also adjoin a private or public street that provides the required fire access. Fire access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by and approved route around the exterior of the building or facility. When an alley serves as the sole access, or when more than one access is required per the Arkansas Fire code, alleys shall be designed in accordance with the Arkansas Fire Code to support apparatus access, with approval from the Fire Marshall. Transportation Bond Program Total City Other Phase Phase 1 Funding Cost Cost Funding 1 Phase 1 Construction Porter Rd./I49 Interchange $1,000,000 $1,000,000 $0 1,000,000$ Porter Rd. and Deane St. - I49 to Garland Ave.$4,240,000 $2,140,000 $2,100,000 2,140,000$ Appleby/Plainview/Rolling Hills Connection $3,500,000 $3,500,000 $0 3,500,000$ 15th St. /Razorback Rd. Intersection $1,100,000 $1,100,000 $0 1,100,000$ Shiloh Dr./ Fulbright Expressway Intersection $860,000 $860,000 $0 860,000$ Center St./ HarmonAve. Intersection $1,300,000 $1,300,000 $0 1,300,000$ Steamboat Dr./ Dorothy Jeanne St. Connection $670,000 $670,000 $0 670,000$ Rupple Rd. Extension - Tanyard Dr. to Weir Rd.$3,000,000 $3,000,000 $0 3,000,000$ Sain St. Extension $6,600,000 $1,320,000 $5,280,000 1,320,000$ Centennial Park Entrance Drive $1,000,000 $1,000,000 $0 1,000,000$ Archibald Yell Blvd. Safety Improvements $700,000 $700,000 $0 700,000$ Maple St. Cycle Track $4,000,000 $1,000,000 $3,000,000 1,000,000$ Zion Rd. Improvements $4,900,000 $4,900,000 $0 4,900,000$ Futrall/Gregg and Shiloh/Gregg RR Crossings $1,000,000 $1,000,000 $0 1,000,000$ Downtown Sidewalk Impts (Incl. Cultural Arts Corr.)$3,000,000 $3,000,000 $0 2,580,000$ MLK Area Walkability Improvements $1,000,000 $1,000,000 $0 852,000$ Pavement Maintenance / Overlays $5,000,000 $5,000,000 $0 2,700,000$ Signal Hardware / Software Upgrades $1,400,000 $1,400,000 $0 1,400,000$ Other Signalization (4-5 Locations TBD) $1,000,000 $1,000,000 $0 1,000,000$ Total Phase 1 Construction 32,022,000$ Phase 1 Design Only Sycamore St. - Garland Ave. to Gregg Ave.$2,960,000 $2,960,000 $0 $296,000 Highway 71 B - North St. to Township St.$10,000,000 $10,000,000 $0 $500,000 North Street - Garland Ave. to Mission Blvd.$720,000 $3,420,000 $0 $342,000 Millsap Rd. / College Ave. Intersection Improvements $1,200,000 $1,200,000 $0 $120,000 Old Wire Rd. Cycle Track (Extension)$800,000 $400,000 $400,000 $80,000 Rolling Hills Improvements - College to Old Missouri $3,500,000 $3,500,000 $0 $350,000 Joyce Blvd. Safety Impr. (Vantage to Old Missouri)$1,250,000 $1,250,000 $0 $125,000 Total Phase 1 Design Only 1,813,000$ Contingency/Unallocated 4,665,000$ Total Phase 1 Funding 38,500,000$ ST17 ST18 ST4 ST5 ST6 ST1 ST14 ST14 ST21 ST19 ST20 ST15 ST16 ST17 ST7 ST3 ST10 ST8 ST9 ST11 ST12 ST13 ST2 City of F aye tteville, AR Phase 1 (F irs t B o n d Is s u e) P r oje c ts9/19 - 6 /2 2 Intersection Proj ect sIntersection Proj ect sCorridor ProjectsCorridor Projects 4Design: Inter section Projects Cor ridor Pr ojec ts Construction: Inters ection P rojects Cor ridor Projects Project ID Proje ct N ame1 Porte r/I49 Interchange2 Porte r Rd. and Deane St. (I49 to Garland Ave .)3 Appleby/Plainve w/Rolling Hills Conne cti on4 15th St./Razorback Rd. Inte rse ction5 Shi loh Dr./Fulbright Expressway Inte rsection6 Ce nter St./Harmon Ave . Intersection7 Ste amboat Dr./Dorothy Jeanne St. Conne ction8 Rupple Rd. Extension (Tanyard Dr. to Weir Rd.)9 Sain St. Exte nsion10 Ce ntennial Park Entrance Drive11 Archibald Yell Bl vd. Safe ty Improve me nts12 Maple St. Cycle Track13 Zion Rd. Improve ments14 Futrall Dr./G re gg Ave . and Shi loh Dr./Gre gg Ave . RR Crossings15 Sycamore St. (Garland Ave . to G regg Ave.)16 Highway 71 B (North St. to Township St.)17 North St. (Garland Ave . to Mission Blvd.)18 Mil lsap Rd./Colle ge Ave. Improve me nts19 Old Wire Rd. Cycle Track Exte nsi on20 Rolling Hills Dr. Improveme nts (Colle ge to Old Missouri)21 Joyce Blvd. Safe ty Improve me nts (Vantage Dr. to Old Missouri Rd.) May 10th 2019 Maple Street Cycle Track Re: Transportation Committee Memo RECOMMENDATION: Staff requests approval to apply for a grant through the Walton Family Foundation in the maximum amount of $2,000,000.00 for the construction of the Maple Street Cycle Track from the Razorback Regional Greenway to Garland Ave. BACKGROUND: The City of Fayetteville and the University of Arkansas have been working together on the common goal of improving Maple Street from the Razorback Regional Greenway at Gregg Ave. to Garland Ave. In the Spring of 2018, the University of Arkansas contacted with Alta Planning + Design to develop conceptual plans for Maple Street that include a protected bicycle facility known as a cycle track. On September 9th, 2018, resolution 198-18 was approved to share the final design cost of the Maple Street Cycle Track between the City of Fayetteville and the University of Arkansas in the amount of $103,500 each combined with a Walton Family Foundation grant of $207,000 to cover the $414,000 design cost with Olsson Associates. Olsson will have final design plans and cost estimates by the first week in June. This 2,475-linear foot facility will provide designated space for pedestrians and bicyclists separated from the roadway. The Maple Street cycle track has been identified as a catalyst project in the Northwest Arkansas Regional Bicycle and Pedestrian Master Plan. Currently bicycle access to the University of Arkansas campus core and the surrounding neighborhoods is limited. The addition of the Maple Street connection will greatly improve the usability of the trail system for city residents including the campus's faculty, staff and students. DISCUSSION: The next step for the Maple Street Cycle Track is to take the design plans to construction. The Walton Family Foundation has expressed interest in funding the construction with a 50:50 matching grant in amount of up to $2,000,000 and the other half would be split between the University of Arkansas and the City of Fayetteville in the estimated amount of $1,000,000 each. BUDGET/STAFF IMPACT: Funds have been identified in the first phase of the transportation portion of the newly approved bonds. If the Walton Family Foundation Grant is approved in the maximum amount of $2,000,000 then the City of Fayetteville will be responsible for an estimated of $1,000,000 for the construction of the Maple Street Cycle Track. SIDEWALKTRAVELTRAVEL11’8’13.5’11’LANDSCAPESIDEWALKSENIOR WALKSENIOR WALKCYCLETRACKLIGHT POLE1.5’ 9’3’5.5’8’ 5’LIGHT POLE5’SOUTH NORTHMAPLE ST - GARLAND TO LEVERETTSCALE: 1” = 10’ MAPLE STREET CYCLE TRACKPREPARED BY:PREPARED FOR:2SHEET2 TO: City Council Transportation Committee THRU: Mayor Jordan Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: May 9, 2019 SUBJECT: Hwy 112/Garland Ave (Poplar St to Drake St) - Agreement with Burns & McDonnell Engineering Company RECOMMENDATION: Staff recommends that the Transportation Committee forward the Agreement For Engineering Services with Burns & McDonnell Engineering Company for the Hwy 112/Garland Ave project to the City Council with a recommendation of approval. BACKGROUND: On January 3, 2017, the City Council approved the City’s participation in a revised Partnering Agreement with the Arkansas Department of Transportation (ARDOT) to make needed improvements to Hwy 112 (Resolution 27-17). Upon completion of the improvements to Hwy 112, the City agreed to assume ownership and responsibility of Hwy 112 from Hwy 16 (15th St) to Interstate 49. This resolution also authorized Mayor Jordan to execute all appropriate agreements and contracts necessary to expedite the construction of this project. On September 19, 2017, the Mayor signed the attached Agreement of Understanding. The City is obligated to manage the improvements to two portions of Hwy 112:  Hwy 112 from Leroy Pond Drive to North Street is currently under construction and anticipated to be completed this summer.  Hwy 112 from Poplar Street to Drake Street – the City will be managing project design, right-of-way acquisition, utility relocations, bidding and construction inspection. The City published a Letter Of Interest on August 26, 2018 requesting design firms to submit their qualifications. Seven engineering firms submitted Letters Of Interest to the Selection Committee which short-listed 5 of the firms to submit detailed proposals. The Selection Committee convened on December 6, 2018 to discuss and rate the proposals. Burns & McDonnell Engineering Company received the highest score and therefore was selected to negotiate an agreement for engineering services. DISCUSSION: Since this project is Federally funded, the engineering scope of work, agreement and fees must be reviewed and approved by ARDOT. After several submittals to ARDOT and subsequent revisions, the Engineering Services Agreement has received final approval. City Engineering staff is satisfied 2 with the final agreement and fees, and is requesting that the Transportation Committee approve forwarding this document to City Council for approval. BUDGET/STAFF IMPACT: This project will be fully (100%) funded by the Arkansas Department of Transportation. The City will make the initial payments to the Consultant from the Transportation Bond Program fund and then request 100% reimbursement from the Department. Attachments: Agreement for Engineering Services Agreement of Understanding with the Arkansas Department of Transportation Resolution 27-17 May 2019 1 AGREEMENT FOR ENGINEERING SERVICES (LOCAL VERSION – COST PLUS FEE) JOB NO. 040720 Poplar St. – Drake St. (Fayetteville) (S) Washington County PREAMBLE THIS AGREEMENT, entered into this _____ day of ___________________, 2019, by and between the City of Fayetteville (“Owner”), and Burns & McDonnell Engineering Company, Inc. (“Consultant”), a corporation existing under the laws of the State of Missouri, with principal offices at 9400 W ard Parkway, Kansas City, Missouri 64114. WITNESSETH: WHEREAS, the Owner is planning to widen Highway 112 between Poplar and Drake Street in Fayetteville, Washington County; and, WHEREAS, the Owner’s forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and, WHEREAS, the Consultant’s staff is adequate and well qualified, and it has been determined that its current workload will permit completion of the project on schedule. NOW THEREFORE, it is considered to be in the best public interest for the Owner to obtain the assistance of the Consultant’s organization in connection with engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: 1. PRELIMINARY MATTERS 1.1. “Consultant’s Representative” shall be Steven Beam, PE, until written notice is provided to the Owner designating a new representative. 1.2. “Contract Ceiling Price.” The Contract Ceiling Price for this Agreement is $618,186.00. The Contract Ceiling Price is the maximum aggregate amount of all payments that the Owner may become obligated to make under this Agreem ent. In no event, unless modified in writing, shall total payments by the Owner under this Agreement exceed the Contract Ceiling Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or payment, nor shall the Owner, its office rs, agents, employees, or representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling Price. 1.3. “Contract Price” is aggregate amount of allowable costs and fees to be paid by the Owner under this Agreement. 1.4. “Default” means the failure of the Consultant to perform any of the provisions of this Agreement. Default includes, but is not limited to, failure to complete phases of the work according to schedule or failure to make progress in the work so as to endanger timely performance of this Agreement, failure to pay subcontractors in a timely manner, failure to comply with federal and state laws, and failure to comply with certifications made in or pursuant to this Agreement. May 2019 2 1.5. “Department” or “ARDOT” means the Arkansas Department of Transportation. 1.6. “DOT” means the United States Department of Transportation. 1.7. “FAR” means the Federal Acquisition Regulations, codified in 48 Code of Federal Regulations (CFR). 1.8. “Owner” means City of Fayetteville, Arkansas. 1.9. “Fee” whether fixed or otherwise is a dollar amount that includes the Consultant’s profit on the job. 1.10. “FHWA” means the Federal Highway Administration. 1.11. “Indirect Cost Rate.” The Indirect Cost Rate is defined in the provisions of FAR, and is also subject to any limitations contained herein. The Indirect Cost Rate for the Consultant under this Agreement shall be 221.95 percent (FY2017) unless modified in writing and is based upon an updated audited indirect cost rate approved by the Department. If applicable, the Indirect Cost Rate for each subconsultant shall be listed in Appendix B. 1.12. “Title I Services” are those services provided by the Consultant before the award of the contract for construction of the Project, consisting primarily of engineering services for the planning or design of the Project. 1.13. “Title I Services Ceiling Price.” The Title I Services Ceiling Price for this Agreement is $618,186.00. The Title I Services Ceiling price is the maximum aggregate amount of all payments that the Owner may become obligated to make under this Agreement for fees and costs related to Title I Services. In no event, unless modified in writing, shall total payments by the Owner related to Title I Services exceed the Title I Services Ceiling Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the Owner, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title I Services exceeding the Title I Services Ceiling Price. 1.14. “Title II Multiplier” (if applicable) is the mark-up by which the fee and indirect costs associated with Title II services are calculated. The Title II Multiplier, which accounts for the fee and indirect costs, is multiplied by th e salary rate, as shown on the Schedule of Salary Ranges, of the particular individual(s) performing the Title II ser vices. The Title II Multiplier under this Agreement is 3.606 (FY2017) unless modified in writing and is based upon an updated audited indirect cost rate approved by the Department. 1.15. “Title II Services” are those services provided by the Consultant after the award of the contract for the construction of the Project, consisting primarily of engineering services during the construction of the Project. 1.16. “Title II Services Ceiling Price”. The Title II Services Ceiling Price for this Agreement is not applicable (NA). The Title II Services Ceiling price is the maximum aggregate amount of all payments that the Owner may become obligated to make under this Agreement for fees and costs related to Title II Services. In no event, unless modified in writing, shall total payments by the Owner related to Title II Services exceed the Title II Services Ceiling Price. The Consultant shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the Owner, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title II Services exceeding the Title II Services Ceiling Price. May 2019 3 2. TYPE OF AGREEMENT 2.1. This Agreement is a cost-plus-fixed-fee contract. The Consultant is being hired to perform professional engineering services in connection with the Project as set forth herein. In consideration for Title I services performed, the Owner will reimburse the Consultant for allowable direct and indirect costs, as defined herein, and pay the Consultant a fixed fee. If Title II services are to be performed, the Owner will reimburse the Consultant for allowable direct costs and also pay the Consultant an amount determined by multiplying the salary rate of the individual(s) performing the Title II services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. 2.2. The Project to be performed under this Agreement is a federally-assisted project and federal funds will be used, in part, to pay the Consultant. Therefore, notwithstanding any provision of this Agreement, all payments, costs, and expenditures are subject to the requirements and limitations of FAR, and the Consultant shall certify the accuracy of all invoices and requests for payment, along with supporting documentation and any information provided in determining the Indirect Cost Rates. 3. COSTS, FEES, AND PAYMENT 3.1. Allowable costs. 3.1.1. Allowable costs are subject to the limitations, regulations, and cost principles and procedures in FAR, which are expressly incorporated into this Agreement by reference. For the purpose of reimbursing allowable costs (except as provided in subparagraph 2 below, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only— 3.1.1.1. Those recorded costs that, at the time of the request for reimbursement, the Consultant has paid by cash, check, or other form of actual payment for items or services purchased directly for the Agreement; 3.1.1.2. When the Consultant is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for—  Materials issued from the Consultant’s inventory and placed in the production process for use in its performance under this Agreement;  Direct labor;  Direct travel;  Other direct in-house costs; and  Properly allocable and allowable indirect costs, as shown in the records maintained by the Consultant for purposes of obtaining reimbursement under government contracts; and  The amount of progress payments that have been paid to the Consultant’s subcontractors under similar cost standards. 3.1.2. Consultant’s contributions to any pension or other post-retirement benefit, profit- sharing or employee stock ownership plan funds that are paid quarterly or more often May 2019 4 may be included in indirect costs for payment purposes; provided, that the Consultant pays the contribution to the fund within 30 days after the close of the period covered. Payments made 30 days or more after the close of a period shall not be included until the Consultant actually makes the payment. Accrued costs for such contribution s that are paid less often than quarterly shall be excluded from indirect costs for payment purposes until the Consultant actually makes the payment. 3.1.3. Allowable costs for travel are reimbursed for actual expenses incurred and are subject to the limitations, regulations, and cost principals and procedures in FAR and the State of Arkansas Travel Regulations as adopted by the Department Accounting Manual, which are expressly incorporated into this Agreement by reference. 3.1.4. Notwithstanding the audit and adjustment of invoices or vouchers, allowable indirect costs under this Agreement shall be obtained by applying Indirect Cost Rates established in accordance with Subsection 3.3 below. 3.1.5. Any statements in specifications or other documents incorporated in th is Agreement by reference designating performance of services or furnishing of materials at the Consultant’s expense or at no cost to the Owner shall be disregarded for purposes of cost-reimbursement. 3.2. Salaries. The following schedule covers the classification of personnel and the salary ranges for all personnel anticipated to be assigned to this project by the Consultant: 3.2.1. SCHEDULE OF SALARY RANGES Classification Hourly rate Min Hourly rate Max Principal 93.00 107.00 Project Director 42.00 120.00 Project Manager 40.00 84.00 Field Representative 28.00 63.00 Project Assistant 22.00 65.00 CAD 20.00 57.00 Designer 31.00 51.00 Public Involvement 20.00 52.00 Associate Civil Engineer 54.00 80.00 Senior Civil Engineer 37.00 72.00 Staff Civil Engineer 32.00 43.00 Assistant Civil Engineer 28.00 38.00 Associate Structural Engineer 55.00 71.00 Senior Structural Engineer 40.00 62.00 Staff Structural Engineer 33.00 41.00 Assistant Structural Engineer 29.00 35.00 Associate Environmental Scientist 51.00 94.00 Senior Environmental Scientist 31.00 65.00 Staff Environmental Scientist 24.00 40.00 Assistant Environmental Scientist 17.00 33.00 May 2019 5 3.2.2. The Owner shall reimburse the Consultant for overtime costs only when the overtime has been authorized in writing by the Owner. When authorized, overtime shall be reimbursed at the rate of time and one-half for all nonexempt employees. Notwithstanding this provision, the Consultant m ust comply with all federal and state wage and hour laws and regulations, regardless whether the overtime is considered reimbursable under this Agreement. 3.3. Indirect Cost Rates. 3.3.1. Allowable indirect costs incurred by the Consultant shall also be reimbursed by the Owner at the Indirect Cost Rate. The Indirect Cost Rate of the Consultant for this Agreement shall be the rate as set forth in Subsection 1.11. If applicable, the Indirect Cost Rate for subcontractors shall be determined in the same manner and subject to the same limitations as the Consultant, and shall be listed for each subcontractor identified in Appendix B. The Indirect Cost Rate, or any adjustment thereto, shall not change any monetary ceiling, contract obligation, or specific cost allowance, or disallowance provided for in this Agreement except as provided for in Subsections 3.3.4. and 3.3.5. The Indirect Cost Rate must reflect the allowable indirect costs pursuant to FAR. 3.3.2. In establishing the Indirect Cost Rate or proposing any adjustment thereto, the Consultant shall, upon request, submit to the Owner, ARDOT, FHWA, or their representatives an audited indirect cost rate and supporting cost data in accordance with the requirements set forth in the current Arkansas Department of Transportation Indirect Cost Rate Audit Requirements. 3.3.3. During the term of this Agreement, if an audit of a subsequent accounti ng period of the Consultant demonstrates that the Consultant has incurred allowable indirect costs at a different rate than the Indirect Cost Rate, the Indirect Cost Rate shall be adjusted. Any adjustment is subject to the audit and documentation requirem ents of the FAR and the current Arkansas Department of Transportation Indirect Cost Rate Audit Requirements . Except in the case of a provisional Indirect Cost Rate, as provided in the following subparagraphs, or the disallowance of cost following a subsequent audit, any adjustment to the Indirect Cost Rate shall be effective only prospectively from the date that the adjustment is accepted. As detailed in Subsection 1.11, this rate may only be modified in writing and is based upon on approved indirect cost rate by the Department. The modification will indicate the earliest labor date for the rate change to be effective. 3.3.4. In order to expedite some projects, when an audited indirect cost rate has not yet been submitted and approved, the Owner may extend a temporary waiver and accept a provisional indirect cost rate. This provisional rate must be reviewed by, and receive a positive recommendation from the Arkansas Department of Transportation. The provisional cost proposal must be accompanied by written assurance from an independent CPA that he/she has been engaged to audit the costs in accordance with the above requirements . The anticipated audit must be based on costs incurred in the most recently completed fiscal year for which the cost data is available, with the audit scheduled to begin within a reasonable time frame. If the date of the initial cost proposal is within the last quarter of the current fiscal year, the audit may be delayed until the current fiscal year is closed and the final cost data is available. The written assurance from the CPA that he or she has been engaged to perform the audit at an appropriate time is still required. May 2019 6 3.3.5. Once an audited indirect cost rate is approved, the ceiling prices provided for in the initial agreement using the provisional indirect cost rate will be adjusted with a supplemental agreement to implement the resulting increase or decrease from revising the indirect cost rate, and all amounts paid the consultant prior to receipt and acceptance of an audited indirect cost rate will be retroactively adjusted for changes in the indirect cost rate. However, no changes in hours, fixed fees, or other costs will be allowed as a result of applying the audited indirect cost rate. 3.4. Fees. The justification for the fees and costs is contained in Appendix A. In addition to reimbursement of the allowable costs as set forth above, the Owner shall pay to the Consultant a fixed fee of $49,020.00 for Title I Services. For Title II Services, if applicable, the Owner shall reimburse the Consultant for allowable direct costs and also pay to the Consultant an amount determined by multiplying the salary rate of the individual(s) performing the Title II Services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. The Title II Multiplier shall account for all fees and indirect costs associated with Title II services. 3.5. Invoices, Reimbursement, and Partial Payments. Submission of invoices and payment of the fees shall be made as follows, unless modified by the written agreement of both parties: 3.5.1. Not more often than once per month, the Consultant shall submit to the Owner, in such form and detail as the Owner may require, an invoice or voucher supported by a statement of the claimed allowable costs for performing this Agreement, and estimates of the amount and value of the work accomplished under this Agreement. The invoices for costs and estimates for fees shall be supported by any data requested by the Owner. The Owner will submit reimbursement requests to the Department. Additional supporting documentation may be requested during the Department’s reimbursement request review. 3.5.2. In making estimates for fee purposes, such estimates shall include only the amount and value of the work accomplished and performed by the Consultant under this Agreement which meets the standards of quality established under this Agreement. The Consultant shall submit with the estimates any supporting data required by the Owner. At a minimum, the supporting data shall include a progress report in the form and number required by the Owner. Additional supporting documentation may be requested during the Department’s reimbursement request review. 3.5.3. Upon approval of the estimate by the Owner, payment upon properly executed vouchers shall be made to the Consultant, as soon as practicable, of 100 percent of the allowed costs, and the approved amount of the estimated fee, less all previous payments. Notwithstanding any other provision of this Agreement, only costs and fees determined to be allowable by the Owner in accordance with subpart 31.2 of the Federal Acquisition Regulations (FAR) in effect on the date of this Agreement and under the terms of this Agreement shall be reimbursed or paid. 3.5.4. Before final payment under the Agreement, and as a condition precedent thereto, the Consultant shall execute and deliver to the Owner a release of all claims which are known or reasonably could have been known to exist against the Owner arising under or by virtue of this Agreement, other than any claims that are specifically excepted by the Consultant from the operation of the release in amounts stated in the release. May 2019 7 3.6. Title I Services, Title II Services Ceiling Price and Contract Ceiling Price. The parties agree that aggregate payments under this Agreement, including all costs and fees, shall not exceed the Contract Ceiling Price. The parties further agree that aggregate payments for Title I and Title II services under this Agreement, including all costs and fees, shall not exceed the Title I and Title II Services Ceiling Price, respectively. No adjustment of the Indirect Cost Rate, other adjustment, claim, or dispute shall affect the limits imposed by these ceiling prices. No payment of costs or fees shall be made above these ceiling prices unless the Agreement is modified in writing. 3.7. Final payment. 3.7.1. The Consultant shall submit a completion invoice or voucher, designated as such, promptly upon completion of the work, but no later than forty-five (45) days (or longer, as the Owner may approve in writing) after the completion date. Upon approval of the completion invoice or voucher, and upon the Consultant’s compliance with all terms of this Agreement, the Owner shall promptly pay any balance of allowable costs and any retainage owed to the Consultant. After the release of said retainage Consultant agrees that it will continue to provide consultation services to the Owner as needed through supplemental agreement(s) with respect to the contracted services under this Agreement until all work is completed under both Title I and Title II. 3.7.2. The Consultant shall pay to the Owner any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Consultant or any assignee under this Agreement, to the extent that those amounts are properly allocable to costs for which the Consultant has been reimbursed by the Owner. Reasonable expenses incurred by the Consultant for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Owner. Before final payment under this Agreement, the Consultant and each assignee whose assignment is in effect at the time of final payment shall execute and deliver—  An assignment to the Owner, in form and substance satisfactory to the Owner, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Consultant has been reimbursed by the Owner under this Agreement; and,  A release discharging the Owner, its officers, agents, and employees from all liabilities, obligations, and claims which were known or could reasonably have been known to exist arising out of or under this Agreement. 3.8. Owner’s Right to Withhold Payment. The Owner may withhold payment to such extent as it deems necessary as a result of: (1) third party claims arising out of the services of the Consultant and made against the Owner; (2) evidence of fraud, over - billing, or overpayment; (3) inclusion of non-allowable costs; (4) failure to make prompt payments to subcontractors in the time provided by this Agreement; (5) payment requests received including fees for unapproved subcontractors; and/or (6) the Consultant’s default or unsatisfactory performance of services. The withholding of payment under this provision shall in no way relieve the Consultant of its obligation to continue to perform its services under this Agreement. May 2019 8 4. DISALLOWANCE OF COSTS 4.1. Notwithstanding any other clause of this Agreement, the Owner may at any time issue to the Consultant a written notice of intent to disallow specified costs incurred or planned for incurrence under this Agreement that have been determined not to be allowable under the contract terms. 4.2. Failure to issue a notice under this Section shall not affect the Owner’s rights to take exception to incurred costs. 4.3. If a subsequent audit reveals that: (1) items not properly reimbursable have, in fact, been reimbursed as direct costs; or (2) that the Indirect Cost Rate contains items not properly reimbursable under the FAR; then, in the case of indirect costs, the Indirect Cost Rate shall be amended retroactively to reflect the actual allowable indirect costs incurred, and, in the case of both direct and indirect costs, th e Owner may offset, or the Consultant shall repay to Owner, any overpayment. 5. RECORDS & AUDITS 5.1. Records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. 5.2. Examination. The Consultant shall maintain, and the Owner, ARDOT, FHWA, and their authorized representatives shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs (direct and indirect) claimed to have been incurred or anticipated to be incurred in performance of this Agreement. This right of examination shall also include examination and audit of any records considered, relied upon, or relating to the determination of the Indirect Cost Rate or any certification thereof, including any CPA aud it relied upon to establish the rate. This right of examination shall also include inspection at all reasonable times of the Consultant’s offices and facilities, or parts of them, engaged in performing the Agreement. 5.3. Supporting Data. If the Consultant has been required to submit data in connection with any action relating to this Agreement, including the negotiation of or pre-negotiation audit of the Indirect Cost Rate, the negotiation of the Fee, request for cost reimbursement, request for payment, req uest for an adjustment, or assertion of a claim, the Owner, ARDOT, FHWA, or their authorized representatives, in order to evaluate the accuracy, completeness, and accuracy of the data, shall have the right to examine and audit all of the Consultant’s recor ds, including computations and projections, related to—  The determination or certification of the Indirect Cost Rate, including any independent CPA audit or certification thereof;  Any proposal for the Agreement, subcontract, or modification;  Discussions conducted on the proposal(s), including those related to negotiating;  Fees or allowable costs under the Agreement, subcontract, or modification;  Performance of the Agreement, subcontract or modification; or, May 2019 9  The amount and basis of any claim or dispute. 5.4. Audit. The Owner, ARDOT, FHWA, or their authorized representatives, shall have access to and the right to examine any of the Consultant’s records involving transactions related to this Agreement or a subcontract hereunder. 5.5. Reports. If the Consultant is required to furnish cost, funding, or performance reports, the Owner, ARDOT, FHWA, or their authorized representatives shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (1) the effectiveness of the Consultant’s policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported. 5.6. Availability. The Consultant shall retain and make available at its office at all reasonable times the records, materials, and other evidence described in this Section and Section 29, Disputes and Claims, for examination, audit, or reproduction, until five years after final payment under this Agreement, or for any longer period required by statute or by other clauses of this Agreement. In addition — 5.6.1. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be retained and made available for five years after the termination; and, 5.6.2. Records relating to any claim or dispute, or to litigation or the settlement of claims arising under or relating to this Agreement shall be retained and made available until after any such claims or litigation, including appeals, are finally resolved. 5.7. The Consultant shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 6. DESCRIPTION OF THE PROJECT See Appendix A-1. 7. INFORMATION AND TITLE I SERVICES TO BE PROVIDED BY CONSULTANT See Appendix A-1. 8. INFORMATION TO BE PROVIDED BY THE OWNER See Appendix A-1. 9. TITLE II SERVICES TO BE PROVIDED BY CONSULTANT See Appendix A-1. May 2019 10 10. COORDINATION WITH OWNER Throughout the Project, the Consultant shall hold conferences, as needed, in Independence County, Arkansas, or such other location as designated by the Owner, with representatives of the Owner, the ARDOT, and the FHWA so that as the Project progresses, the Consultant shall have full benefit of the Owner’s knowledge of existing needs and facilities and be consistent with the Owner’s current policies and practices. The extent and character of the work to be done by the Consultant shall be subject to the general oversight and approval of the Owner. 11. OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses and all files and documents produced under this Agreement may be made by representatives of the Owner, the ARDOT, and the FHWA at the Consultant’s Arkansas office located at 6815 Isaacs Orchard Road, Suite B3, Springdale, Arkansas. 12. ACCESS TO PROPERTY The Consultant’s services to the Owner may require entry upon private property. The Owner will present or mail to private landowners a letter of introduction and explanation, describing the work, which shall be drafted b y the Consultant. The Consultant will make reasonable attempts to notify resident landowners who are obvious and present when the Consultant is in the field. The Consultant is not expected to provide detailed contact with individual landowners. The Cons ultant is not expected to obtain entry by means other than the consent of the landowner. If the Consultant is denied entry to private property by the landowner, the Consultant will not enter the property. If denied entry to the property, the Consultant s hall notify the Owner and advise the Owner of an alternate evaluation method if one is feasible. The Owner shall decide on the course of action to obtain access to the property. 13. DELIVERABLES See Appendix A-1. 14. SUBCONTRACTING 14.1. Unless expressly disclosed in Appendix B, the Consultant may not subcontract any of the services to be provided herein without the express written approval of the Owner. All subcontractors, including those listed in Appendix B, shall be bound by the terms of this Agreement. All subcontractors shall be subject to all contractual and legal restrictions concerning payment and determination of allowable costs, and subject to all disclosure and audit provisions contained herein and in any applicable federal or state law. 14.2. Unless the consent or approval specifically provides otherwise, neither consent by the Owner to any subcontract nor approval of the Consultant’s purchasing system shall constitute a determination (1) of the acceptability of any subcontract t erms or conditions, (2) of the acceptability of any subcontract price or of any amount paid under any subcontract, or (3) to relieve the Consultant of any responsibility, obligation, or duty under this Agreement. May 2019 11 14.3. No subcontract placed under this Agreement shall provide for payment on a cost- plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement subcontracts shall not exceed the fee limitations of the FAR. 14.4. Furthermore, notwithstanding any other provision within this Agreement, no reimbursement or payment for any markup of the cost of any subcontract shall be considered by the Owner without the express written agreement of the Owner. 14.5. Prompt Payment. The Consultant shall pay subcontractors for satisfactory performance of their subcontracts within 30 days of receipt of each payment by the Owner to the Consultant. Any retainage payments held by the Consultant must be returned to the subcontractor within 30 days after the subcontractor’s work is completed. Failure to comply with this provision shall be considered a Default by the Consultant. If the Consultant fails to comply with this provision, in addition to any other rights or remedies provided under this Agreement, the Owner, at its sole option and discretion, may:  make payments directly to the subcontractor and offset such payments, along with any administrative costs incurred by the Owner, against reimbursements or payments otherwise due the Consultant;  notify any sureties; and/or,  withhold any or all reimbursements or payments otherwise due to the Consultant until the Consultant ensures that the subcontractors have been and will be promptly paid for work performed. 14.6. The Consultant shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 15. RESPONSIBILITY OF THE CONSULTANT 15.1. Neither the employees of the Consultant, or of its subcontractors, shall be deemed employees of the Owner for the purposes of this Agreement. 15.2. The Consultant and its subcontractors agree that it will have no interest, direct or indirect, that would conflict in any manner or degree with the performance of its obligations under this Agreement. Furthermore, the Consultant and its subcontractors shall not enter into any other contract during the term of this Agreement that would create or involve a conflict of interest with the services provided herein or other contracts that may be adverse to the Owner, State, City or County as it relates to this Agreement. 15.3. Notwithstanding any review, approval, acceptance, or payment by the Owner, the Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation above the Contract Price, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. 15.4. The Consultant shall demonstrate to the Owner’s Representative the presence and implementation of quality assurance in the performance of the Consultant’s work. The Consultant shall identify individual(s) responsible, as well as methods used to determine the completeness and accuracy of drawings, specifications, and cost estimates. May 2019 12 15.5. The Consultant further agrees that in its performance of work under this Agreement, it shall adhere to the requirements in the Design Standards of the ARDOT and FHWA, which shall be incorporated herein by reference. 15.6. The Owner shall have the right at any time and in its sole discretion to submit for review all or any portion of the Consultant’s work to consulting engineers engaged by the Owner for that purpose. The Consultant shall fully cooperate with any such review. 15.7. The Consultant and any subcontractor shall employ qualified and competent personnel to perform the work under this Agreement. 15.8. Neither the Owner’s review, approval, or acceptance of, nor payment for, the services required under this Agreement shall be construed to opera te as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable to the Owner for all damages to the Owner caused by the Consultant’s negligent performance of any of the services furnished under this Agreement. 15.9. The rights and remedies of the Owner provided under this Agreement are in addition to any other rights and remedies provided by law. 15.10. If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. 16. WARRANTY OF SERVICES 16.1. Definitions. Acceptance, as used in this Agreement, means the act of an authorized representative of the Owner by which the Owner approves specific services, as partial or complete performance of the Agreement. Correction, as used in this Agreement, means the elimination of a defect. 16.2. Notwithstanding inspection and acceptance by the Owner or any provision concerning the conclusiveness thereof, the Consultant warrants that all services performed and work product under this Agreement will, at the time of acceptance, conform to the requirements of this Agreement, meet the satisfaction of the Owner, and are performed in accordance to the prevailing industry standards, including standards of conduct and care, format and content. 16.3. If the Consultant is required to correct or re-perform, it shall be at no additional cost to the Owner above the Contract Price, and any services corrected or re- performed by the Consultant shall be subject to this Section to the same extent as work initially performed. If the Consultant fails or refuses to correct or re -perform, the Owner may, by contract or otherwise, correct or replace with similar services and charge to the Consultant the cost occasioned to the Owner thereby, or make an equitable adjustment in the Contract Price. 16.4. If the Owner does not require correction or re-performance, the Owner shall make an equitable adjustment in the Contract Price. 16.5. Nothing within this Section shall constitute a waiver or exclusion of any other right or remedy that the Owner may possess at law or under this Agreement. May 2019 13 17. TERM, COMMENCEMENT, AND COMPLETION 17.1. This Agreement shall commence on the effective date set forth above and remain in effect until the completion of the Consultant’s Scope of Services, as defined herein, to be completed within a period of 24 months, unless extended or terminated by the Owner in accordance with this Agreement. 17.2. The Consultant shall begin work under the terms of this Agreement within ten (10) days of receiving written notice to proceed. [If services are to be performed in subsequent phases, then each phase shall be commenced upon the Owner’s approval of the previous phase. The Consultant shall not be entitled to any compensation or reimbursement for services performed in a phase unless and until it has received approval from the Owner to proceed with such services.] 17.3. It is further agreed that time is of the essence in performance of this Agreement. The Consultant shall complete the work, or each phase, as scheduled, and the Owner shall provide any required approval of the work or phase meeting the requirements contained herein in a reasonable and timely manner. The Project shall be completed as follows: See Appendix D. 18. TERMINATION 18.1. The Owner may terminate this Agreement in whole or, from time to time, in part, for the Owner’s convenience or because of the Default of the Co nsultant. 18.2. The Owner shall terminate this Agreement by delivering to the Consultant written notice of the termination. 18.3. Upon receipt of the notice, the Consultant shall:  Immediately discontinue all services affected (unless the notice directs otherwise).  Deliver to the Owner all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Agreement, whether completed or in process.  Terminate all subcontracts to the extent they relate to the work terminated.  In the sole discretion and option of the Owner, and if and only if requested to do so, assign to the Owner all right, title, and interest of the Consultant under the subcontracts terminated, in which case the Owner shall have the r ight to settle any claim or dispute arising out of those subcontracts without waiver of any right or claim the Owner may possess against the Consultant.  With approval or ratification by the Owner, settle all outstanding liabilities arising from the termination of subcontracts, the cost of which would be allowable in whole or in part, under this Agreement.  Complete performance of any work not terminated. May 2019 14  Take any action that may be necessary, or that the Owner may direct, for the protection and preservation of the property related to this Agreement which is in the possession of the Consultant and in which the Owner has or may acquire an interest. 18.4. If the termination is for the convenience of the Owner, the Owner shall make an equitable adjustment in the Contract Price, subject to the Ceiling Prices and Funding Limitations provisions, but shall allow no anticipated fee or profit on unperformed services. The Owner, upon its own determination, shall pay the Consultant in addition to payment for services rendered and reimbursable costs incurred, for all expenses the Owner determines to have been reasonably incurred by the Consultant in connection with the orderly termination of this Agreement including but not limited to demobilization, reassignment of personnel, associated indirect costs and all other expenses directly resulting from termination. 18.5. If the termination is for the Consultant’s Default, the Owner may complete the work by contract or otherwise and the Consultant shall be liable for any reasonable and necessary additional cost incurred by the Owner to the extent caused by Consultant’s default. 18.6. Disputes and claims arising from termination of this Agreement shall be governed by Section 29, Disputes and Claims. 18.7. The rights and remedies of the Owner provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement, and shall not constitute a waiver of any other such right or remedy. 19. STOP WORK ORDERS 19.1. The Owner may, at any time, by written order to the Consultant, require the Consultant to stop all, or any part, of the work called for by this Agreement for a period of up to 90 days after the order is delivered to the Consultant, and for any further period to which the parties may agree. Upon receipt of the order, the Consultant shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop work order is delivered to the Consultant, or within any extension of that period to which the parties shall have agreed, the Owner shall either— 19.1.1. Cancel the stop work order; or 19.1.2. Terminate the work pursuant to Section 18, Termination. 19.2. If a stop work order issued under this Section is canceled or the period of the order or any extension thereof expires, the Consultant shall resume work. The Owner shall make an equitable adjustment in the delivery schedule or Contract Price, or both, and the Agreement shall be modified in writing accordingly, if—  The stop work order was not issued because of Consultant’s Default in its performance of its obligations under any part of this Agreement; and,  The stop work order results in an increase in the time required for, or in the Consultant’s cost properly allocable to, the performance of any part of this Agreement; and, May 2019 15  The Consultant provides Notice of Potential Claim pursuant to Section 29, Disputes and Claims. 20. CHANGES 20.1. The Owner may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this Agreement, including but not limited to: (1) drawings, designs, or specifications; (2) time of performance (i.e., hours of the day, days of the week, etc.); and (3) places of inspection, delivery, or acceptance. 20.2. If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this Agreement, whether or not changed by the order, the Owner shall make an equitable adjustment in the (1) estimated cost, delivery or completion schedule, or both; (2) amount of any fee; and (3) other affected terms. 20.3. All claims and disputes shall be governed by the Section 29, Disputes and Claims. As provided in Section 28, the Consultant must provide written notice of its intention to make a claim for additional compensation before beginning the work on which the claim is based. If such notice is not given, the Consultant hereby agrees to waive any claim for such additional compensation. 20.4. Failure to agree to any adjustment shall be a dispute under Section 29, Disputes and Claims. However, nothing in this Section or any other provision of this Agreement shall excuse the Consultant from proceeding with the Agreement as changed. 21. OWNERSHIP OF DOCUMENTS & DATA Except for any pre-existing intellectual property, all project documents and data, regardless of form and including but not limited to original drawings, disks of CADD drawings, cross-sections, estimates, files, field notes, and data, shall be the property of the Owner. The Consultant shall further provide all d ocuments and data to the Owner upon the Owner’s request. The Consultant may retain reproduced copies of drawings and other documents. In the event that any patent rights or copyrights are created in any of the documents, data compilations, or any other work product, the Owner shall have an irrevocable license to use such documents, or data compilations, or work product. 22. PATENT AND COPYRIGHT INFRINGEMENT 22.1. The Consultant shall report to the Owner, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this Agreement of which the Consultant has knowledge. 22.2. In the event of any claim or suit against the Owner on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any supplies furnished or work or services performed under this Agreement, the Consultant shall furnish to the Owner, when requested by the Owner, all evidence and information in possession of the Consultan t pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the Consultant. May 2019 16 22.3. The Consultant agrees to include, and require inclusion of, the provisions of this Section in all subcontracts at any tier for supplies or services. 22.4. The Consultant shall indemnify the Owner and its officers, agents, and employees against liability, including costs and attorneys’ fees, for infringement of any United States patent or copyright arising from the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property under this Agreement, or out of the use or disposal by or for the account of the Owner of such supplies or construction work. 22.5. This indemnity shall not apply unless the Consultant shall have been informed within ten (10) business days following the Owner’s receipt of legal notice of any suit alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to (1) an infringement resulting from compliance with specific written instructions of the Owner directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the Agreement not normally used by the Consultant, (2) an infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or (3) a claimed infringement that is unreasonably settled without the consent of the Consultant, unless required by final decree of a court of competent jurisdiction. 23. BANKRUPTCY In the event the Consultant enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Consultant agrees to furnish, by certified mail, written notice of the bankruptcy to the Owner. This notice shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notice shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of ARDOT job numbers and FAP numbers for all contracts with Owner against which final payment has not been made. This obligation remains in effect until final payment under this Agreement. 24. FUNDING LIMITATIONS The Owner’s obligations under this Agreement are contingent upon the availability of appropriated funds from which payments under the terms of this Agreement can be made in this and each subsequent fiscal year for the duration of the Agreement. No legal liability on the part of the Owner of any kind whatsoever under this Agreement shall arise until funds are made available to the Owner for performance of this Agreement, including those to be appropriated and provided by the State of Arkansas and those to be provided by the United States. 25. RESTRICTIONS ON EMPLOYMENT OF PRESENT AND FORMER EMPLOYEES The Consultant agrees to a 6 month restriction on employment of present and former employees of the Owner regarding matters for which a former employee was officially responsible. May 2019 17 26. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties and their successors and assigns, and except as expressly set forth herein, neither the Owner nor the Consultant may assign, delegate, or transfer any benefit or obligation under this Agreement without the express written consent of the other party. Nothing herein shall be construed as a waiver of any immunity or as creating any personal liability on the part of any officer or agent of the Owner or any other governmental entity either made a party to, or having any interest in, this Agreement. 27. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY 27.1. Indemnity. The Consultant shall hold harmless and indemnify the Owner and the ARDOT, their officers, employees and agents and all other governmental agencies with an interest in the Project, from and for all claims and liabilities stemming from any negligent acts, errors or omissions in the services performed in this Agreement on the part of the Consultant and its subcontractors, and their agents and employees. 27.2. No Personal Liability. No director, officer, manager, employee, agent, assign, or representative of the Owner or the ARDOT shall be liable to the Consultant in a personal or individual capacity under any term of this Agreement, because of any breach thereof, or for any act or omission in its execution or performance. 27.3. Independent Consultant Relationship. The parties intend that the Consultant shall be an independent consultant of the Owner and that the Consultant shall be liable for any act or omission of the Consultant or its agents, employees, or subcontractors arising under or occurring during the performance of this Agreement. No act or direction of the Owner shall be deemed to be an exercise of supervision or control of the Consultant’s performance. 28. INSURANCE 28.1. Professional Liability Insurance Coverage. The Consultant shall maintain at all times during the performance of services under this Agreement professional liability insurance coverage for errors, omissions, and negligent acts to the extent caused by the performance of professional services under this Agreement in an amount per claim of not less than five (5) times the original Contract Ceiling Price or $1,000,000, whichever is less. Such insurance shall extend to the Consultant and to its legal representatives in the event of death, dissolution, or bankruptcy, and shall cover the errors, omissions, or negligent acts of the Consultant's subcontractors, agents, and employees. Such insurance shall extend to any errors, omissions, and negligent acts in the performance of services under this Agreement committed by the Consultant or alleged to have been committed by the Consultant or any person for whom the Consultant is legally responsible subject to the terms of the policy. 28.2. Deductible. The Consultant may maintain a professional liability insurance policy with a deductible clause in an amount approved by the Owner if, in the judgment and opinion of the Owner, the Consultant’s financial resources are sufficient to adequately cover possible liability in the amount of the deductible. The Consultant shall submit promptly to the Owner, upon request as often as quarterly, detailed financial statements and any other information requested by the Owner to reasonably determine whether or not the Consultant's financial resources are sufficient to adequately cover possible liability in the amount of the deductible. May 2019 18 28.3. Worker's Compensation Insurance. The Consultant shall at all times during the Term of this Agreement maintain Worker's Compensation and Employers Liability Insurance as required under Arkansas law. 28.4. Automobile and General Liability Insurance. The Consultant shall at all times during the term of this Agreement maintain commercial general liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000 per occurrence and aggregate, and comprehensive automobile liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000, which shall cover all owned, hired, and non-owned vehicles. 28.5. Valuable Papers Insurance. The Consultant shall at all times during the term of this Agreement maintain Valuable Papers Insurance, whether as part of the General Liability Insurance referenced above or as a separate insurance, in an amount sufficient to cover all cost associated with repairing, restoring, or replacing any plans, drawings, field notes, and other documents kept or created by the Consultant as part of the services under this Agreement, in the event of casualty to or loss or theft of such papers. 28.6. Insurance Policies and Certificates. The Consultant shall provide the Owner upon request copies of its insurance policies and evidence satisfactory to the Owner concerning the effectiveness and the specific terms of the insurance. Prior to the execution of this Agreement, the Consultant shall furnish to the Owner certificates of insurance reflecting policies in force, and it shall also provide certificates evidencing all renewals of any expiring insurance policy r equired hereunder within thirty (30) days of the expiration thereof. The Consultant's failure to provide and continue in force and effect any insurance required under this Article shall be deemed a Default for which Owner, in its sole discretion, may term inate this Agreement immediately or on such other terms as it sees fit. 28.7. Additional Insurance Requirements. All insurance maintained by the Consultant pursuant to this Section shall be written by insurance companies licensed to do business in Arkansas, in form and substance satisfactory to the Owner, and shall provide that the insurance will not be subject to cancellation, termination, or change during its term except upon thirty (30) days prior written notice to the Owner. In the event that the insurance is cancelled, terminated, or changed during its term and thirty (30) days written notice cannot be provided to the Owner, the Consultant shall provide any insurance required under this Article for continual coverage upon expiration of the existing policy or become financially responsible for any claims associated with the expired period. 28.8. Duration of Insurance Obligations. The Consultant shall maintain its professional insurance coverage required under this Agreement in force and effect for a period not less than five years after the final acceptance of the project or the completion of the Consultant's services under this Agreement, whichever comes later. Comprehensive General Liability Insurance Coverage and Valuable Papers Insurance Coverage required under this Agreement shall be in full force and effect until the final acceptance or the completion of the Consultant's services, whichever comes later. All other insurance shall be maintained in full force and effect until final acceptance of the project or completion of the Consultant's services, whichever comes first. 28.9. Consultant's Insurance Primary. All insurance policies maintained by the Consultant pursuant to this Agreement shall provide that the consultant’s insurance shall be primary and the Owner's own insurance shall be non-contributing. May 2019 19 28.10. Additional Insured. All liability insurance policies, except the professional liability policy, maintained by the Consultant pursuant to this Agreement shall be endorsed to include the Owner, its officers, directors, managers, employees, agents, assigns and representatives, individually and collectively, as additional insured, and all property damage insurance shall be endorsed with a waiver of subrogation by the insurer as to the Owner. 29. DISPUTES AND CLAIMS 29.1. Notice of Potential Claim. Whenever a Consultant deems that any additional compensation is due, the Consultant shall notify the Owner in writing of its intention to make a claim for additional compensation (“Notice of Potential Claim”) before beginning the work that gives rise to the claim. 29.2. Time & Manner for Submitting Claim. All disputes and claims shall first be submitted in writing to the Owner within 45 calendar days after the completion or termination date. The Consultant hereby agrees that the failure to submit the dispute or claim to the Owner prior to 45 calendar days after the completion or termination date shall constitute a waiver of the dispute or claim. 29.3. Form. All disputes and claims must be submitted in writing and in suffic ient detail to permit the Owner to determine the basis for entitlement and the actual allowable costs incurred. Each claim must contain:  A detailed factual statement of the claim providing all necessary dates, locations, and items of work affected by the claim;  The date the actions resulting in the claim occurred or conditions resulting in the claim became evident;  A copy of the “Notice of Potential Claim”;  The name, title, and activity of each Owner’s employee knowledgeable about facts that gave rise to such claim;  The name, title, and activity of each Consultant, Subcontractor, or employee knowledgeable about the facts that gave rise to the claim;  The specific provisions of the Agreement that support the claim and a statement why such provisions support the claim;  The identification and substance of any relevant documents, things, or oral communications related to the claim;  A statement whether the claim is based on provisions of the Agreement or an alleged breach of the Agreement;  If an extension of time is sought, the specific number of days sought and the basis for the extension;  The amount of additional compensation sought and a specific cost breakdown of the amount claimed; and,  Any other information or documents that are relevant to the claim. May 2019 20 29.4. Decision and Appeal. The decision of the Owner shall be final and conclusive. 29.5. Continued Performance. Pending final resolution of a dispute or claim, unless the Owner has terminated this Agreement pursuant to Section 18 or issued a stop work order pursuant to Section 19, the Consultant shall proceed diligently with the performance of this Agreement in accordance with the Owner’s decisions. 29.6. Nonexclusive Remedies. The rights and remedies of the Owner provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement, and shall not constitute a waiver of any other such right or remedy. If the Owner decides the facts justify the action, the Owner may, at its sole option and discretion, receive and act upon a proposal, dispute, or claim submitted at any time before final payment under this Agreement. 30. COVENANT AGAINST CONTINGENCY FEES 30.1. The Consultant warrants that no person or agency has been employed or retained to solicit or obtain this Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Owner shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Contract Price or consideration, or otherwise recover, the full amount of the contingent fee. 30.2. Bona fide agency, as used in this Section, means an established commercial or selling agency, maintained by the Consultant for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds itself out as being able to obtain any government contract or contracts through improper influence. 30.3. Bona fide employee, as used in this Section, means a person, employed by the Consultant and subject to the Consultant’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence. 30.4. Contingent fee, as used in this Section, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract. 30.5. Improper influence, as used in this Section, means any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter. 31. TITLE VI ASSURANCES (NONDISCRIMINATION) During the performance of this Agreement, the Consultant, for itself, its successors, and its assigns, certifies and agrees as follows: 31.1. Compliance with Regulations. The Consultant shall comply with the Regulations relative to Title VI (Nondiscrimination in Federally-assisted programs of the Department of Transportation and its operating elements, especially Title 49 CFR Part 21, as amended, and hereinafter referred to as the Regulations). These regulations are herein incorporated by reference and made a part of this Agreement. May 2019 21 Title VI provides that the recipients of Federal financial assistance will maintain and implement a policy of nondiscrimination in which no person shall, on the basis of race, color, or national origin, be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by recipients of Federal financial assistance or their assignees and successors in interest. 31.2. Nondiscrimination. The Consultant, with regard to the work performed by it during the term of this Agreement, shall not discriminate on the basis of race, color, or national origin in the selection and retention of subcontractors, including procurement of material and leases of equipment. The Consultant shall not participate either directly or indirectly in any discrimination prohibited by Section 21.5 of the Regulations, including employment practices. 31.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment . In all solicitations, either by competitive bidding or negotiation, mad e by the Consultant for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 31.4. Information and Reports. The Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, a nd shall permit access to its books, records, and accounts, other sources of information, and its facilities by the Owner, the Department, or the USDOT and its Affiliated Modes to be pertinent to ascertain compliance with such regulations and directives. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Owner, the Department or the USDOT and its Affiliated Modes, as appropriate, and shall set forth the efforts made by the Consultant to obtain the records or information. 31.5. Sanctions for Noncompliance. In the event of the Consultant’s noncompliance with the nondiscrimination provisions of this Agreement, the Owner shall impose such contract sanctions as it, the Department, or the USDOT and its Affiliated Modes may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies with the provisions and/or cancellation, termination, or suspension of the Agreement, in whole or in part. 31.6. Incorporation of Provisions. The Consultant shall include the terms and conditions of this Section in every subcontract including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Owner, the Department, or the USDOT and its Affiliated Modes may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, however that, in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Consultant may request the Owner or the Department to enter into the litigation to protect the interests of the State and litigation to protect the interest of the United States. May 2019 22 32. DBE CLAUSE 32.1. The Consultant or subcontractor shall not discriminate on the basis of race, color, sex, or national origin. The Consultant shall comply with the applicable requirements of 49 CFR Part 26 and perform any actions necessary to maintain compliance in the award and administration of DOT-assisted contracts. Failure by the Consultant to comply with or perform these requirements is a material breach of this Agreement, which may result in the cancellation, termination, or suspension of this A greement in whole or in part, or such other remedy that the Owner may determine appropriate. 32.2. The Consultant shall insert a clause containing all the terms of this Section in all subcontracts under this Agreement. 33. COMPLIANCE WITH ALL OTHER LAWS REGARDING NONDISCRIMINATION 33.1. The Consultant will comply with the provisions of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964, FHWA Federal Aid Project Guidance, and any other Federal, State, and/or local laws, rules and/or regulations. 33.2. The Consultant, during the term of this Agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion, disability, or any other protected classes in admission or access to and treatment in programs and activities associated with this Agreement, or in the selection and retention of subcontractors, including procurement of material and leases of equipment. The Consultant shall not participate either directly or indirectly in any discrimination prohibited by the Regulations, including employment practices. 33.3. In accordance with Section 504 regulations 49 CFR Part 27.15, the Owner’s Notice of Nondiscrimination is required in any bulletins, announcements, handbooks, pamphlets, brochures, and any other publications associated with this Agreement that are made available to the public, program participants, applicants or employees. 34. CERTIFICATION REGARDING LOBBYING 34.1. The Consultant certifies, to the best of their knowledge and belief, that: 34.1.1. 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 an 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. May 2019 23 34.1.2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence a n officer or employee of any 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”. 34.1.3. The Consultant shall require that the language of this certification be included in the agreement for all subcontracts and that all subcontractors shall certify and disclose accordingly. 35. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS 35.1. The Consultant certifies, to the best of its knowledge and belief, that— 35.1.1. The Consultant and any of its Principals— 35.1.1.1. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal or state agency; 35.1.1.2. Have not, within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzle ment, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 35.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in Subsection 35.1.1.2; and, 35.1.1.4. The Consultant has not within a 3-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency. 35.2. Principals, for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section 1001, Title 18, United States Code, as well as any other applicable federal and state laws. 35.3. The Consultant shall provide immediate written notice to the Owner if, at any time prior to contract award, the Consultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. May 2019 24 35.4. The certification in Subsection 35.1 is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Consultant knowingly rendered an erroneous certif ication, the Owner may terminate the contract resulting from this solicitation for default in addition to any other remedies available to the Owner. 36. CERTIFICATION REGARDING CONFLICT OF INTEREST 36.1. The Consultant certifies that it has no financial interest in the proposed project or construction of the proposed project. 36.1.1. The Consultant nor any of its Principals have: 36.1.1.1. No financial interest in work associated with this contract; 36.1.1.2. No ownership interest in work associated with this contract; 36.1.1.3. No Financial interest in the results of any agency decisions regarding approvals for work associated with this project; 36.1.1.4. Policies and procedures (provided statutory framework permits) for a contracting agency to pursue a range of civil act ions and penalties including fines, suspension, or debarment associated with fraud, waste, abuse, and identified conflict of interest which were not disclosed. 36.2. For the duration of the contract, except for work expressly defined in this contract, the Consultant shall not be party to agreements for design or construction on projects associated with contract. 36.3. For the duration of the contract, except for work expressly defined in this contract, the Consultant shall not be party to enforceable promises or gua rantees of future work associated with this contract. 37. MISCELLANEOUS 37.1. General Compliance with Laws. The Consultant shall comply with all Federal, State, and local laws, regulations, and ordinances applicable to the work, including but not limited to, the Americans with Disabilities Act and Occupational Safety and Health Act as amended. 37.2. Registered Professional Engineer’s Endorsement. All plans, specifications, estimates, and engineering data provided by the Consultant shall be endorsed and recommended by an authorized representative of the Consultant, who shall be a registered Professional Engineer licensed in the State of Arkansas. 37.3. Choice of Law. This Agreement shall be governed by the laws of the State of Arkansas without consideration of its choice of law provisions. 37.4. Choice of Forum. The Consultant agrees that any cause of action stemming from or related to this Agreement, including but not limited to disputes or claims arising under this Agreement, for acts or omissions in the performance, suspension, or termination of this Agreement, whether sounding in contract or tort, equity or law, may only be brought in the appropriate forum within State of Arkansas. May 2019 25 37.5. No Waiver of Immunity. The Owner expressly does not waive any defense of immunity that it may possess under either federal or state law, and no provision in this Agreement shall be construed to constitute such a waiver in whole or in part. 37.6. Conflicts Between Laws, Regulations, and Provisions. In the event of conflicting provisions of law, the interpretation shall be governed by the following in this order, from most controlling to least: Federal law and regulations, State law and regulations, Department and FHWA Design Standards, and this Agreement. 37.7. Severability. If any term or condition of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, all remaining terms of this Agreement shall remain valid and enforceable unless one or both of the parties would be materially prejudiced. 37.8. No-Waiver. The failure of the Owner to strictly enforce any term of this Agreement shall not be construed as a waiver of the Owner’s right to require the Consultant’s subsequent performance of the same or similar obligation or duty. 37.9. Modification and Merger. This written Agreement and any provisions incorporated by reference reflect the entire agreement of the parties and may be modified only by the express written agreement of both parties. 37.10. Force Majeure Clause. Neither party to this Agreement shall be liable for any delay direct or indirect in performance caused by an unforeseen event such as acts of God, acts of governmental authorities, extraordinary weather conditions or other natural catastrophes, or any other cause beyond the reasonable control or contemplation of either party beyond such party’s reasonable control. Each party will take reasonable steps to mitigate the impact of any force majeure. 37.11. Authorization to Proceed. Execution of this Agreement by the Owner will be made by written authorization to the Consultant. The Consultant and Subcontractors shall not seek reimbursement for work initiated prior to receiving notice to proceed or work order authorization. 38. CERTIFICATION OF AUTHORIZED REPRESENTATIVES This Agreement and the certifications contained herein or attached hereto constitute the whole Agreement of the parties, and each party certifies that this Agreement and any attached certification have been executed by their duly authorized representatives. 39. NOTICE 39.1. All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be addressed to either the Owner’s Representative or the Consultant’s Representative, and mailed or hand-delivered to: May 2019 26 39.1.1. To the Owner’s Representative: Chris Brown, PE City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 39.1.2. To the Consultant: Steven Beam, PE Burns & McDonnell Engineering Company, Inc. 6815 Isaacs Orchard Road, Suite B3 Springdale, AR 72764 IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the date set out above. Burns & McDonnell Engineering Company, Inc. BY: _________________________ Benjamin J. Biller, PE Vice President City of Fayetteville BY: _________________________ Mayor Lioneld Jordan 27 APPENDICES APPENDIX A-1 SCOPE OF WORK APPENDIX A-2 JUSTIFICATION OF FEES AND COSTS APPENDIX B SUBCONTRACTS B-1 McClelland Consulting Engineers, Inc. B-1A Safety Provisions (Consultant requirements of Subconsultant) APPENDIX C STANDARD CERTIFICATIONS C-1 Burns & McDonnell Engineering Company, Inc. C-2 McClelland Consulting Engineers, Inc. C-3 City of Fayetteville APPENDIX D PROJECT SCHEDULE A1-1 APPENDIX A-1 SCOPE OF WORK ARDOT JOB 040720 Poplar St. – Drake St. (Fayetteville) (S) Washington County I. DESCRIPTION OF THE PROJECT The intent of the City of Fayetteville ("the City") is to engage a design firm or a team of design firms to provide professional engineering services for the widening of Highway 112 for approximately 1.0 mile from Poplar Street to Drake Street in Fayetteville, Arkansas. The scope of the project shall be a notch-and-widen project. Intersection improvements will be designed at Drake Street and at Cassatt Street. Drake Street will be a traditional, signalized intersection. Cassatt Street will be a roundabout intersection. The proposed project will provide environmental documentation, surveys, geotechnical studies, hydraulic studies, roadway design plans, right of way plans, and bidding services. Title II services, including construction engineering, and inspection services, are not a part of this Scope of Work at this time. Storm drainage systems, relocated utility facilities, maintenance of traffic and other incidental systems and facilities will be designed and constructed as necessary. A roundabout design shall be provided at the intersection of W. Altheimer Drive & Cassatt St. The Work Zone Policy impact is considered non-significant. This project includes federal funds along with review and approval of the work by the Arkansas Department of Transportation (ARDOT). All work and contract requirements shall conform to requirements of the Federal Highway Administration (FHWA), ARDOT and the City. The plans will not be required to be prepared in standard ARDOT format. II. SERVICES PROVIDED BY THE CITY: 1. Coordinate review of environmental documentation, construction plans and specifications, and cost estimates with ARDOT. 2. Conduct the necessary public involvement meeting and public hearings. 3. Publish and pay for public notices and legal notice. 4. Provide Spanish translation services at public meetings as necessary. 5. Provide right-of-way appraisals and acquisition. 6. Handle utility adjustments, as needed. 7. Handle relocatees, as needed. 8. Advertise and receive construction bids. III. SERVICES PROVIDED BY THE ARDOT: 1. Existing right of way information. 2. Previous traffic and planning studies. 3. Aerial and mapping data, if available. 4. Provide sample environmental clearance documents. 5. Coordinate with FHWA for tribal correspondence and document approvals. 6. Coordinate with State Historic Preservation Office (SHPO) and other federal, state, and local agencies as necessary. A1-2 7. Review final environmental documentation prepared by the City's consultant. 8. Perform FWD Testing and provide a recommended overlay thickness. 9. Review right-of-way plans, legal descriptions and property acquisition exhibits. 10. Review real estate appraisals and valuations of proposed land acquisitions. 11. Review plans and specifications at 50%, 90% and final review level. IV. TITLE I SERVICES TO BE FURNISHED BY THE CONSULTANT ENVIRONMENTAL CLEARANCE DOCUMENTATION Prepare environmental clearance documentation, a Categorical Exclusion (CE) is assumed (modification to Agreement will be made if environmental is elevated to an Environmental Assessment (EA) or Environmental Impact Statement (EIS). A. ENVIRONMENTAL DATA COLLECTION Preliminary environmental data associated with the proposed project area will be collected and assessed for the social, economic, and environmental impacts area. Data related to the following impact areas should be including, but not restricted to: 1. Air Quality 2. Noise Quality 3. Hazardous Materials 4. Wetlands and Stream Impacts 5. Water Quality, including Public Drinking Supplies 6. Farmland 7. Land Use and Land Cover 8. Migratory Birds 9. Terrestrial and Aquatic Communities 10. Endangered and Threatened Species 11. Economic 12. Community 13. Relocations, including Homes, Businesses, Non-profit Organizations, and Tenants of all types. If there will be more than five relocatees, a Conceptual Stage Relocation Study that complies with the Uniform Relocation Assistance Act (49 CFR 24.205) will be required in the environmental document. 14. Environmental Justice and Title VI 15. Recreational Areas 16. Archeological and Historic Sites 17. Visual 18. Section 4(f) and 6(f) properties 19. Secondary and Cumulative Impacts Preliminary environmental data collection is part of the initial scope of work’s justification of costs and fees. If any additional analyses or data collection are needed beyond a Phase I Cultural Resources survey, or beyond noise impact analysis, these services will be added through a supplemental agreement. B. ENVIRONMENTAL CONSTRAINTS MAP All environmental data collected will be transferred to appropriately scaled aerial photographs to produce a map that indicates all known environmentally sensitive areas and provided to the Design Consultants for avoidance and minimization of impacts. Environmentally sensitive areas should be provided to the Roadway and Bridge Design Consultants for notation on the A1-3 plans as a restraining condition on the Contractor, in accordance with Section 107.10 of the Standard Specifications for Highway Construction. Contract Special Provisions should be developed as necessary to provide protection for environmental sensitive areas or features and to provide guidance to the Contractor. C. LOCATION AND/OR DESIGN ALTERNATIVES Develop conceptual layout for all location and/or design alternatives, which will include but not be limited to major drainage structures, accelerated construction techniques and any intersection locations. Development of alternatives shall include early and continuous coordination with the City, ARDOT, FHWA and appropriate resource agencies. Electronic copies of the design shall be furnished in Bentley MicroStation “DGN” format and PDF format. The Consultant shall work to avoid and/or minimize environmental impacts, as appropriate. If impacts cannot be avoided, then the impacts shall be minimized. Mitigation for impacts should occur as a last resort. Prepare cost estimates for each alternative. After all reasonable and feasible alternatives have been reviewed by the ARDOT and FHWA; a determination will be made on which type of environmental document (Environmental Impact Statement, Environmental Assessment, or Categorical Exclusion) is warranted. D. CULTURAL RESOURCES AND HISTORIC PROPERTIES Perform a cultural resources impact evaluation based on state records research and an on-site inspection. Develop a cultural resources report documenting existing impacts or other conditions which may preclude the presence of intact archeological deposits and historic structures within the project area for a proposed project. The purpose of an impact evaluation is to determine whether conditions in the project area are suitable for preservation of archeological deposits with sufficient integrity to be eligible for inclusion in the National Register of Historic Places (NRHP) or for designation as state landmarks. Coordinate with FHWA through ARDOT for tribal consultation and correspondence. The Consultant will prepare tribal letters per the ARDOT letter template for submittal to FHWA through ARDOT. The surveys will provide sufficient information (i.e., a Phase I survey and report) to allow the SHPO to make a determination of effect regarding the project. It is anticipated for budgeting purposes that a cultural resources report will be required. All work under this task shall be completed in accordance with customary ARDOT guidelines and format. E. BIOLOGICAL INVESTIGATIONS The Engineer will conduct wetland surveys and delineations to determine the limits of all jurisdictional waters of the United States and potential jurisdictional wetlands within the project limits. The area of project impact to jurisdictional waters, including wetlands and streams, will be determined to permit the project under Section 404 of the Clean Water Act. Wetlands will be delineated using the U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual of 1987 and applicable supplemental guidance published by the USACE. The Engineer will contact the U.S. Fish and Wildlife (USFWS) to ensure all state and A1-4 federally listed threatened and endangered species of concern are identified, as well as their habitat areas, to avoid/minimize impacts. This coordination will assist in providing guidelines from these agencies on existence, habitat and mitigation. If suitable habitat for any listed threatened or endangered species is encountered within potential location alternatives, it may be necessary to survey for the species. Presence and absence surveys for any listed threatened or endangered species are not included as a part of this scope. F. HAZARDOUS/REGULATED MATERIALS The Engineer shall conduct a literature and database review and a visual survey to identify potential hazardous/regulated material sites in the vicinity of the proposed project. The results of this effort shall be documented in the Environmental Documentation. The work shall include: 1. Overview and Summary of Hazardous Material Sites within the Study Area- This initial screening will include a review and evaluation of applicable state and federal regulatory agency databases. 2. Identification of Sites of Concern - A review and evaluation of the following list will be performed for the reasonable and feasible alternatives. CERCLA, NPL, RCRA, RST, LRST, State Superfund, city/county Solid Waste Landfills. 3. Visual survey of the study area. G. OTHER ENVIRONMENTAL STUDIES, ANALYSES AND INVESTIGATIONS The Engineer shall conduct all other environmental studies, analyses and investigations in accordance with FHWA/ ARDOT requirements for a CE for a transportation improvement project. The other environmental studies, analyses, and investigations will include the following: Air quality, noise quality, hazardous materials, wetlands and stream impacts, water quality, including public drinking supplies, farmland impacts, land use and land cover, terrestrial and aquatic communities, endangered and threatened species, economic, community, environmental justice and Title VI, recreational areas, archeological and historic sites, visual, and Section 4(f) and 6(f) properties. H. PUBLIC INVOLVEMENT MEETING The Engineer will plan, coordinate, participate in, and assist the City in conducting one Public Involvement Meeting near the project area. The Engineer will identify the logistics involved in selecting the meeting site with the City. The City will subsequently secure/reserve and pay any rental costs for such site and any necessary equipment. The Engineer will prepare and submit notice of public involvement meeting to the City and ARDOT for review and approval, and will place the approved notice in a local newspaper in accordance with ARDOT polices and requirements. The City will be responsible for payment of the publication of legal notices and ads. The Engineer will prepare public involvement displays, sign-in sheets, comment sheets, and other materials for the Public Involvement Meeting as necessary. The Engineer will p rovide adequate numbers of handouts and displays for the public involvement meeting and will provide four (4) personnel to support the Public Involvement Meeting by being prepared to answer questions and explain all concepts of the proposed project. As directed by the City, the Engineer will obtain Project Mailing List database from the City and update as necessary. The Engineer will develop and maintain the Project Mailing List database of names/addresses to be utilized in distributing the Public Meeting notice. Persons attending the Public Meeting will be added to the database when requested by A1-5 the same. The Engineer will compile comments received at the Public Meeting and document the same in the form of a synopsis that will include comments cards, letters, attendance sheets, summary of input, response to public comments, etc. This will include photographs or copies of informational displays, handouts, etc. The Engineer also will prepare and submit the Title VI report. I. ENVIRONMENTAL DOCUMENT The Engineer will perform social, economic, and environmental studies for inclusion in the environmental documentation. Improvements of the road along the existing alignment and one alternative alignment will be analyzed. The goal is to provide the documentation necessary to obtain FHWA approval of a CE document. The work to be performed shall consist of preparing an environmental document based on National Environmental Policy Act (NEPA) processes for the proposed project in accordance with ARDOT and FHWA policies and procedures. The objectives of this task are: (1) to describe the existing social, economic and physical conditions within the corridor; (2) to identify and evaluate the short-term and long-term impacts of the proposed improvements; and (3) to identify and recommend mitigation measures to be incorporated in the design and/or operation plan for the project. The services described herein are based on National Environmental Policy Act (NEPA) processes. Submit draft environmental document in MS Word format for text and pdf format for figures and attachments for review by the City and ARDOT. Perform revisions necessary to respond to comments from the City, and ARDOT review. Submit final draft to the City and ARDOT for FHWA approval. Prepare designated number of copies of environmental document after FHWA approval and distribute as directed. An electronic copy of the approved environmental document in pdf format will be provided to the City and the ARDOT. Coordinate and obtain appropriate Federal and State permits and clearances (Section 106, Section 404, STAA, etc.) necessary for the environmental clearance and to construct the proposed project in compliance with ARDOT procedures. Provide environmental information needed for completion of the NPDES SWPPP to design team, including wetland locations and acres of impacts, endangered and threatened species, 303(d) waters, Total Maximum Daily Load (TMDL) waters, operator of local municipal separate storm sewer system (MS$), and special waters for 50-ft buffer zone. J. CONSTRUCTION PLAN AND SPECIFICATIONS DEVELOPMENT Prepare special provisions related to environmental commitments and protection. The Environmental Staff shall work with the Roadway Engineers to ensure all environmental commitments and regulatory requirements are incorporated into project plans and contracts by use of plan sheet notes, general notes and special provisions. (NOTE: Close coordination should be maintained with the City and ARDOT to insure that all aspects of the environmental process meet ARDOT approval. This includes approval of deliverables and dates of delivery for each task). A1-6 FIELD SURVEYS AND MAPPING The Consultant shall be responsible for obtaining all required aerial photography and topographic mapping (other than that provided by the City/ ARDOT). The consultant shall also be responsible for all field surveys including topographic surveys, hydraulic surveys, property surveys, and utility surveys, as needed, to identify all existing features along the project including soil borings and establishing project control. Surveying procedures and requirements as established by ARDOT Survey Procedures Manual do not apply to this project. All services performed shall be consistent with Arkansas minimum standards and in compliance with Arkansas laws and regulations governing the practice of Land Surveyors and with all Federal, State and Local laws, regulations and ordinances applicable to the work. ROADWAY DESIGN AND PLANS Submit an updated cost estimate with each design review, including costs for utilities, etc. as applicable. A. CONCEPTUAL ALIGNMENTS/ ALTERNATIVES (10% Submittal) 1. The Consultant shall prepare an alignment study generally following the existing road centerline, but analyzing which side of the road to widen considering the availability of existing right-of-way, structures, etc. This study should also show at least one roundabout concept at the intersection of W. Altheimer Drive/ Cassatt Street. B. CONCEPTUAL ROADWAY DESIGN (30% Submittal) 1. Submit design criteria to be used in the design of the project for approval by the City and ARDOT prior to beginning preliminary design work. 2. Submit 30% plans for review by the City to include at a minimum: the proposed alignment with horizontal curve data, grades with vertical curve data, limits of construction, existing property lines and r/w, floodway and floodplain limits, and existing aerial photography and/or topographic survey. 30% plans will include plan and profile, typical section, and intersection layouts for Drake Street and Cassatt Street. 3. 30% Cost Estimate will differentiate the cost of the proposed project from that of a typical ARDOT urban highway. 4. Provide four (4) paper copies (half size 11x17), one electronic pdf, and AutoCAD/Civil 3D files for plan review. C. PRELIMINARY ROADWAY DESIGN (50% Submittal) 1. Provide pavement design alternatives according to the requirements of the Roadway Design Plan Development Guidelines using AASHTO design procedures, and submit recommendation to City and ARDOT for approval. 2. Provide the roadway plan sheets. A field inspection for each project may be performed at the 50% and 90% review level. Preliminary plans shall be submitted at the 50% level for ARDOT approval of the geometric design, title sheet, and typical sections. 3. Public Meeting The Consultant shall prepare all design related displays to be used at the public meeting when needed. This would include, but not be limited to plans of the proposed route illustrating the proposed horizontal and vertical alignments complete with all bridge structure. All proposed and existing right of way requirements, including easements, shall be included on this display. The Consultant shall assist the City at the meeting by being prepared to answer and explain all concepts of the proposed design. The Consultant shall A1-7 also be responsible for developing a written transcript of the public comments and provide written responses to each comment. This written transcript shall be furnished to the City for the completion of the project certification. 4. The preliminary roadway plans (50% submittal) shall show, as a minimum: a) The title sheet shall generally conform to the ARDOT standard title sheet. b) The typical sections will include notes pertaining to slopes, tolerances, leveling, and other items. The typical sections will contain information depicting the width of the subgrade, all lanes, shoulders, and clear zones. The side slopes (run/rise) and finished grade cross slopes (ft. /ft.) will also be shown. The point of profile will be defined and the location of pipe underdrains if needed will be illustrated. The location and shape for all ditches will be also be depicted. c) Based on traffic data and geotechnical investigations, pavement design recommendations will be delivered to the City and ARDOT for their review and approval. Pertinent data and design calculations will be provided as well as the actual pavement section recommendations. The approved pavement designs will be incorporated into the typical sections. d) Project specific details required to properly construct elements of the job that are not covered in the standard drawings or other plan drawings will be developed as needed. e) Survey control detail sheets of the survey baseline and design centerline with control point data in accordance with the standard used by the Roadway Design Division of ARDOT (required only if survey is necessary). f) Roadway Plan & Profile Sheets The plan and profile sheets will contain information including the following in the plan view: proposed centerline and travel lanes, existing topography, existing utilities, horizontal geometry (curve data, PI’s, bearings), north arrow, lane and shoulder dimensions, taper dimensions, proposed driveways and side streets, proposed cross drains and related construction notes, bridge end stationing, sketch of bridge layouts, guardrail locations, turning radii, limits of existing and proposed right-of-way and control of access (including fence), permanent and temporary construction easements, construction limits, location of right-of-way points and benchmarks, floodplain limits, and other data as required. The plan and profile sheets will contain information including the following in the profile view: proposed vertical geometry (including VPI’s, grades, and ditch grades), superelevation station limits, benchmarks, existing ground profile, and drainage information. g) Maintenance of Traffic Plans (50%) The maintenance of traffic signing details will suggest a sequence of construction to complete major phases of the project. It will clearly identify barricades to be placed, striping to be removed, striping to be placed prior to diversion of traffic, and possible detour routes and the stages required to maintain traffic during construction. These details will supplement ARDOT standard drawings TC-1, TC-2, TC-3, TC-4, and TC-5. h) Signing & Pavement Marking Plans (50%) i) Erosion control plans j) Culvert Diagrams (if applicable) k) Traffic Signal (if applicable) l) Water & Sewer Facilities As directed by the City and based on findings from the 30% design phase, the Engineer will produce plans related to the relocation of existing water and sewer facilities which are directly affected by the project. – THESE ARE NOT KNOWN AT THE TIME OF ENTERING INTO THE AGREEMENT AND ARE NOT A PART OF THE SCOPE OF WORK. A SUPPLEMENTAL AGREEMENT WILL BE ENTERED A1-8 INTO UPON DETERMINATION OF THE SCOPE OF WATER/SEWER RELOCATION NEEDS. 5. Provide four (4) paper copies (half size 11x17), one electronic pdf, Bentley MicroStation, and AutoCAD/Civil 3D files of plans for right of way review, and 50% plan review. 6. Attend preliminary field inspection, if required. Provide sufficient number of plan copies for preliminary field inspection. (Field inspection for the project may be performed at the 50% and 90% review level.) 7. Make revisions necessary to respond to comments made at the 30% and 50% review as well as comments made at the preliminary field inspection. 8. Provide design information necessary for environmental documentation and environmental permits to be obtained by the Consultant. 9. Provide an interim construction cost estimate. Cost Estimate will differentiate the cost of the proposed project from that of a typical ARDOT urban highway. D. FINAL ROADWAY DESIGN (90/100% Submittal) The objective of this phase is to complete roadway, and right-of-way plans for the project. In the final design phase, comments from the 50% submittal will be addressed, all quantities will be calculated, right-of-way plans developed, and a construction cost estimate calculated. The final plans review will be performed and comments will be incorporated into the final plans. Comments from the 90% submittal will be incorporated and final design of the roadway will proceed with the written approval by the City or the ARDOT. 1. Comments from the review of 50% plans will be incorporated in 90% plans and all sheets will be updated with appropriate quantity callouts once quantities are tabulated. 2. The permanent pavement marking details illustrate pavement markings and traffic sign placement. All signing, striping and delineation will be in accordance with the latest edition of the Manual of Uniform Traffic Control Devices and shall conform to ARDOT and federal regulations, laws and policies. These details will supplement ARDOT standard drawings PM-1 and PM-2. 3. Survey control sheets will show the horizontal and vertical control points and horizontal alignment data in plan view at the appropriate scale. The following information will be provided: Traverse Point Table-Point number, northing, easting, and elevation (if applicable). Horizontal alignment data-Curve number, point type (PC/PI/PT), station, northing, and easting. The appropriate notes will also be included. 4. Erosion control plans will be developed and will include temporary measures that will be put in place at the start of construction. The information for temporary measures include the location of silt fences (station/offset at PI’s), rock berms, sediment basins, as well as other strategies to prevent pollution of streams by stormwater runoff f rom the project site. Permanent erosion control measures that will be left in place after construction is complete will also be noted. 5. Cross sections for all roadways will be shown at a 1:1 scale and include the items required in the "Roadway Design Plan Development Guidelines". In addition, any matchlines will be labeled and sections will be provided at bridge ends, begin/end tapers, nose points, begin/end auxiliary lanes, and any pipes/culverts perpendicular to centerline construction. Inlet and outlet sections will be shown for pipes/culverts on skews. 6. The Engineer will produce plan and profile sheets related to the relocation of existing water and sewer facilities which are directly affected by the project. 7. Quantities will be calculated and tabulated using the Standard Specifications for Highway Construction and the appropriate supplemental and job specific special provisions and ARDOT's Roadway Design Plan Development Guidelines and Roadway Design Training Guide. 8. Provide an index of sheets, a list of specifications, and general notes. A1-9 9. Provide quantities in plans. 10. Provide summary of quantities in Microsoft Excel file with "BAMS" number 11. Provide special provisions. 12. Prepare and submit a SWPPP containing all the necessary data needed to obtain a SWPPP permit for the project including ARDOT, ADEQ and Owner data and details to ADEQ for permit approval. 13. Prepare and submit a Short Term Activity Authorization (STAA) to ADEQ for permit approval, if necessary. 14. Provide transportation management plan. 15. Provide construction cost estimate. 16. Provide four (4) paper copies (half size 11x17), one electronic pdf, Bentley MicroStation, and AutoCAD/Civil 3D files of plans for right of way review, and 90% plan review. 17. Attend final field inspections, if required. 18. Make plan changes resulting from the 90% review, subsequent reviews, and final field inspection. 19. Perform all other work required to advertise and receive bids. 20. Provide hydraulic certification (if necessary). 21. Provide six (6) paper copies & one electronic pdf of half size signed and sealed plans along with the final Bentley MicroStation and AutoCAD/Civil 3D files. E. POST AWARD OF CONTRACT (TITLE II SERVICES) Title II Services will be added by supplemental agreement at a later date. At a minimum, the following services shall be provided: 1. Provide review and approval of shop drawings and any other supplementary plans or similar data submitted by the Contractor and requiring approval. 2. When requested, provide design related solutions to construction problems and issues that may arise. GEOTECHNICAL INVESTIGATIONS AND REPORTING This scope of work includes subsurface borings at 500-feet intervals alternating between a widened portion and the existing roadway, field and laboratory testing, and material properties for pavement design. Borings shall extend 10 feet below existing ground elevation. CBR tests shall be performed at a 1000-ft spacing. Coring of the existing roadway shall be performed at a 1000- ft interval to confirm the existing pavement section. No investigations or recommendations for retaining walls or bridges are included in the scope of work at this time. The Subconsultant will be responsible for staking and locating field borings and then including coordinates and elevations for those borings in the report. Deliverables shall include a Preliminary and Final Geotechnical Report. RIGHT-OF-WAY PLANS A. PRELIMINARY AND FINAL DESIGN 1. Provide Right-of-Way Plans. Right of Way Plans shall be prepared and submitted to the City and ARDOT according to the following: Stage 1: Submit 60% strip map with construction centerline, limits of construction, existing topography and proposed right of way plotted on complete parcel surveys with property lines identified. A1-10 Stage 2: Prepare right of way plans to City specifications including a metes and bounds legal description of each parcel. Plan scale shall be adequate to clearly show all details, dimensions, bearings, distances and notes at 11”x17” sheet size (not smaller than 1”=100’ unless approved in advance by City). Stage 3: Perform a thorough “in-house” review of the right of way plans. Stage 4: Submit 90% level right of way plans for review (11’x17”), legal descriptions, and “current owner” certificates of title with deeds attached, including an electronic file of the following:  Right of way plans (All design and plans shall be compiled with AutoCAD/Civil 3D & MicroStation for submittal to ARDOT).  Legal descriptions (MSWORD format).  Point numbers of all points with the coordinates, feature code and point descriptions. The format is: Point Number, Easting Coordinate (X), Northing Coordinate (Y), Elevation, Feature Code (Two-letter designation), Point Description.  Alignment report with point numbers used for the baseline, design alignment, and existing right of way alignment control. Stage 5: Submit final right of way plans and electronic files with corrections requested by the City. BIDDING PHASE SERVICES 1. Prepare Plan Specifications & Engineering Plans 2. Prepare Advertisement for Bids and submit to the City for issuance to newspaper(s). The City to pay advertising costs outside of this agreement. 3. Dispense construction contract documents to prospective bidders at the approximate cost of reproduction and handling. City to receive bids. 4. Answer questions from contractors during bid phase 5. Issue addenda 6. Conduct the pre-bid meeting, if necessary 7. Attend Bid Opening 8. Review and certify bids for construction 9. Prepare Bid Tabulations 10. Prepare Construction Contract 11. Issue letter of recommendation to city for acceptable of bid 12. Assist the City with project close-out for design. TITLE II SERVICES TO BE PROVIDED BY THE CONSULTANT Title II Services will be added by supplemental agreement at a later date. At a minimum, the following services will be provided: 1. Provide review and approval of shop drawings and any other supplementary plans or similar data submitted by the Contractor and requiring approval. 2. When requested, provide design related solutions to construction problems and issues that may arise. V. PROJECT CONDITIONS OF THE WORK The Consultant shall submit a work schedule which will permit all work to be completed within eighteen (18) months after receiving notice to proceed. It is understood that extenuating circumstances e.g. unusually long review periods or other administrative delays by any public agency would be justification to extend the design completion time frame. A1-11 Coordinate design and construction with franchise utility companies' relocations and/or new locations to assure adequate space for all facilities and timely relocations. Coordinate with relevant regulatory agencies as required (FEMA, USACOE, SHPO, ADEQ, USFWS and others) to resolve environmental issues and obtain permits. Provide right of way acquisition documents and engineering services required for acquisition of rights of way and easements, as needed. Responsible for preparing bid proposals, advertising the Project, dispensing construction contract documents to prospective bidders, supporting the contract documents by preparing addenda as appropriate, participating in a pre-bid meeting if necessary, attending the bid opening, preparing bid tabulation, evaluating bids, recommending award, and assembling the contract documents. The facility shall be designed in accordance with the latest edition of AASHTO, “A Policy on Geometric Design of Highways and Streets”, the latest edition of “AASHTO LRFD Bridge Design Specifications” with current interims; the latest edition of the “Manual on Uniform Traffic Control Devices”; the current interim to AASHTO’s “Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals”, 4th Edition; the latest edition of the “Americans with Disabilities Act Accessibility Guidelines”; ARDOT’s “Standard Specifications for Highway Construction” with supplemental specifications; ARDOT Bridge Division memorandums, ARDOT policies, and current AREMA publications as appropriate. Other appropriate AASHTO publications and guide specifications shall also be utilized. The project is to be designed in ARDOT format utilizing the “Roadway Design Plan Development Guidelines”. Upon completion of the contract, the Consultant shall furnish to the City all electronic files of the project design specifications (project manual) & plans on a compact disc in a mutually agreed upon format. Design and land surveys shall be performed to Arkansas minimum standards requirements, and shall be supervised and certified (stamped) by a Professional Surveyor registered in Arkansas. All plans shall be in U.S. Foot Units and based on Arkansas State Plane Grid that have been converted to ground units based on the Combination Adjustment Factor (CAF) approved by, or provided by, the ARDOT. Construction specifications shall be the current edition of the ARDOT’s Standard Specifications for Highway Construction. All work performed by the Consultant shall be in compliance with all applicable Federal, State, and local laws, regulations, and ordinances. VI. COORDINATION WITH CITY Coordination meetings will be conducted on an as needed basis. These meetings shall include the Consultant, the City, ARDOT and others, as appropriate. The Consultant shall schedule these meetings with the City and ARDOT concurrence, and compile and distribute meeting minutes, as required. VII. DELIVERABLES A. Environmental 1. SHPO approved Cultural Resources Report prior to CE (4 copies). 2. Newspaper advertisements and/or Legal Notices (English and Spanish). 3. Public Meeting announcement. A1-12 4. Project Mailing List database, updated as necessary, Microsoft Excel. 5. Technical handouts for the Public Meeting (up to 100 hard copies). 6. Comment forms for the Public Meeting (up to 100 hard copies). 7. Sign-in Sheets for the Public Meeting (up to 10 hard copies). 8. Exhibits/displays for the Public Meeting (up to 10 exclusive displays). 9. Synopsis of Public Meeting (2 copies). 10. Draft CE submittal to City (up to 10 copies) in MS Word format (for text) and pdf (for figures and attachments). 11. Draft CE submittal to ARDOT (By City). 12. Draft CE submittal to the FHWA (by ARDOT). 13. Final CE submittal to City, the ARDOT and the FHWA. B. Feasibility/Alignment Design Phase (10%) 1. Feasibility/Alignment Report C. Conceptual Design Phase (30%) 1. Roadway and Bridge Design Criteria 2. Geotechnical Report for Bridges (Preliminary Version) 3. Hydraulic Analysis Report 4. 30% Complete Roadway Plans 5. Interim Construction Cost Estimate D. Preliminary Design Phase (50%) 1. Geotechnical Report for Pavement Design 2. 50% Complete Roadway Plans 3. 60% Right of Way Strip Map 4. 90% Right of Way Plans and/or Exhibits 5. Warranty deed descriptions 6. Final Right of Way Plans 7. Meeting Minutes from Coordination Meetings 8. Interim Construction Cost Estimate E. Final Design Phase (90/100%) 1. 90% Complete Roadway Design Plans. 2. Final half-size Roadway Design Plans signed and sealed by an Arkansas Registered Professional Engineer. 3. Provide Special Provisions and complete Project Manual for bidding. 4. Provide transportation management plan, if required. 5. Provide construction cost estimate 6. Meeting Minutes from Coordination Meetings 7. Electronic files of the project design and plans on a compact disc in AutoCAD/Civil 3D format that is fully indexed (all reference files attached and set to load automatically.) This includes the electronic copies of Roadway and Bridge submittals. Electronic files of the Project Manual, Special Provisions, design calculations, drainage report, geotechnical report, cost estimates, etc. on a compact disc in Adobe Acrobat PDF format and in Word and Excel format, as applicable. TITLE I SERVICES HOURS SALARY FEE EXPENSES TOTAL PROJECT MANAGEMENT 160 $24,597 $2,952 $0 $27,549 ENVIRONMENTAL CLEARANCE DOCUMENTATION 342 $46,702 $5,604 $3,536 $55,842 TRAFFIC DESIGN & PLANS 138 $18,673 $2,241 $249 $21,163 ROADWAY DESIGN & PLANS 2,447 $318,521 $38,223 $175 $356,919 BRIDGE DESIGN & PLANS 0 $0 $0 $0 $0 FLOODPLAIN MODELING 0 $0 $0 $0 $0 ROW DESIGN & PLANS FIELD SURVEYS AND MAPPING GEOTECHNICAL SUBTOTAL TITLE I 3,087 $408,493 $49,020 $3,960 $461,473 SUBCONSULTANTS TITLE I McClelland Consulting Engineers, Inc.1,798 $124,843 $14,981 $16,889 $156,713 SUBTOTAL SUBCONSULTANTS TITLE I 1,798 $124,843 $14,981 $16,889 $156,713 TOTAL TITLE I 4,885 $533,336 $64,001 $20,849 $618,186 TITLE II SERVICES 0 #N/A $0 #N/A SUBCONSULTANTS TITLE II None 0 $0 $0 $0 TOTAL TITLE II 0 #N/A $0 #N/A TOTAL PROJECT 4,885 #N/A $64,001 $20,849 #N/A Subconsultant performed services Subconsultant performed services JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County Attachment A-2 - Justification of Costs and Fees May 8, 2019 TOTAL PROJECT SUMMARY Subconsultant performed services A2-1 PROJECT MANAGEMENT TASK PD PM SE STRE STFE CAD/DES ASST TOTAL General Project Kick-off Meeting 8 8 16 Progress Reports and Invoicing 24 48 72 Project Meetings & Client Coordination 24 48 72 TOTAL MH - PROJECT MANAGEMENT 0 56 56 0 0 0 48 160 Category - Description Rate MH Amount PD - Project Director $75.00 0 $0 PM - Project Manager $65.00 56 $3,640 SE - Senior Engineer $50.00 56 $2,800 STRE - Structural Engineer $50.00 0 $0 STFE - Staff Engineer $40.00 0 $0 CAD/DES - CAD/Designer $30.00 0 $0 ASST - Project Assistant $25.00 48 $1,200 Subtotal $7,640 Overhead 221.95% $16,957 Subtotal $24,597 Fee $2,952 FCCM 0.00% $0 Subtotal Labor Costs $27,549 ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11)each $0.08 $0 Printing (11 x 17)each $0.35 $0 Plotting (22 x 34)each $1.35 $0 Mileage (2 trips at 850 miles, 2 trips at 400 miles )mile $0.535 $0 Lodging each $91.00 $0 Meals (per day)each $51.00 $0 Subtotal Expenses $0 TOTAL COSTS - PROJECT MANAGEMENT $27,549 Description Number Months Contract Duration 24 Coordination Meetings Monthly Field Inspections 2 Description 1 hours per month during design phase required for PM to address progress reporting, invoicing, estimating and scheduling. 2 hour per month during design phase required for Admin support to address progress reporting and invoicing. 4 hours per month during design phase for general team coordination by PM. Monthly progress meetings anticipated during the design phase of the project. BASIS OF ESTIMATE LABOR COSTS EXPENSES MANHOURS Attachment A-2 - Justification of Costs and Fees May 8, 2019 Washington County JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) A2-2 ENVIRONMENTAL CLEARANCE DOCUMENTATION MANHOURS TASK PD PM SE AES SES STES CAD/DES ASST TOTAL Data Collection 4 12 16 Constraints Map 4 16 20 Cultural Resources and Historic Properties Desktop Research 8 8 16 Field Investigation 2 4 34 30 70 CR Report & SHPO Coordination 6 24 40 70 Biological Investigations Wetland Surveys & Delineation 6 16 22 Wetlands Report 2 12 14 USACE Coordination/Jurisdictional Determination 4 4 Threatened & Endangered Species Investigation 6 6 USFWS Coordination 4 4 Hazardous/Regulated Materials Desktop Research & Findings 6 6 Other Studies and Investigations Section 4(f) and 6(f) Investigation 8 8 Noise Analysis & Report 8 20 28 Other Studies 8 8 16 Public Involvement Meeting Prepare meeting materials 2 4 6 Meetings attendance and debriefings 4 4 8 Public comment review and summary 4 4 Categorical Exclusion Document Prepare CE Document 8 16 24 TOTAL MH - ENV. CLEAR. DOC.0 6 0 40 76 186 30 4 342 LABOR COSTS Category - Description Rate MH Amount PD - Project Director $75.00 0 $0 PM - Project Manager $65.00 6 $390 AES - Assoc. Environmental Scientist $60.00 40 $2,400 SE - Senior Engineer $50.00 0 $0 SES - Senior Environmental Scientist $48.00 76 $3,648 STES - Staff Environmental Scientist $38.00 186 $7,068 CAD/DES - CAD/Designer $30.00 30 $900 ASST - Project Assistant $25.00 4 $100 Subtotal $14,506 Overhead 221.95% $32,196 Subtotal $46,702 Fee $5,604 FCCM 0.00% $0 Subtotal Labor Costs $52,306 Attachment A-2 - Justification of Costs and Fees May 8, 2019 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County A2-3 ENVIRONMENTAL CLEARANCE DOCUMENTATION Attachment A-2 - Justification of Costs and Fees May 8, 2019 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County EXPENSES ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11 B&W)200 each $0.08 $16 Printing (11 x 17)30 each $0.35 $11 GPS Equipment 1 wk $450.00 $450 EDR database search 1 each $175.00 $175 Travel (Mileage, Rental Car, Airfare)2 Allowance $550.000 $1,100 Lodging 2 each $91.00 $182 Meals (per day)2 each $51.00 $102 Public Meeting Materials (Large Format)1 Allowance $1,500.00 $1,500 Subtotal Expenses $3,536 TOTAL COSTS - ENVIRONMENTAL CLEARANCE DOCUMENTATION $55,842 Description Number Public Meetings 1 Alternatives Evaluations 1 Description This estimate is based on preparing a Categorical Exclusion Document for environmental clearance. An EA or EIS will require a supplemental agreement. Cultural Resources investigation is limited to proposed ROW limits and no deep testing is included. It is assumed that no archaeological sites will be located so no mitigation plans or additional consulting with SHPO is included in the scope. It is assumed that no wetlands are on-site and no delineations will be required. Presence or absence surveys of listed threatened or endangered species are not included in the scope. BASIS OF ESTIMATE A2-4 TRAFFIC DESIGN & PLANS TASK PD PM SE STRE STFE CAD/DES ASST TOTAL Non-Interchange Alternatives Operational Analysis 16 32 32 80 Report & Recommendations 2 4 16 22 Warrants Analyses 8 16 24 Signal Design & Plans 0 Meetings & Coordination 6 6 12 TOTAL MH - TRAFFIC DESIGN & PLANS 0 16 20 0 70 32 0 138 Category - Description Rate MH Amount PD - Project Director $75.00 0 $0 PM - Project Manager $65.00 16 $1,040 SE - Senior Engineer $50.00 20 $1,000 STRE - Structural Engineer $50.00 0 $0 STFE - Staff Engineer $40.00 70 $2,800 CAD/DES - CAD/Designer $30.00 32 $960 ASST - Project Assistant $25.00 0 $0 Subtotal $5,800 Overhead 221.95% $12,873 Subtotal $18,673 Fee $2,241 FCCM 0.00% $0 Subtotal Labor Costs $20,914 ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11)0 each $0.08 $0 Printing (11 x 17)100 each $0.35 $35 Plotting (22 x 34)0 each $1.35 $0 Mileage (1 trips at 200 miles one-way)400 mile $0.535 $214 Lodging and Meals ($91 Lodging, $51 Meals)0 each $142.00 $0 24-Hour Turning Movement Counts 0 hour $80.00 $0 48-Hour Continuous Traffic Counts 0 Lane $700.00 $0 Subtotal Expenses $249 TOTAL COSTS - TRAFFIC DESIGN & PLANS $21,163 Description Number Intersection Analyses 1 Signal Designs 0 Description Analysis will be completed using Synchro v8 and HCS2010. A saturation flow rate of 1,750 vehicles per hour per lane will be utilized. Forecasted traffic volumes will be updating using historical traffic volumes and growth rates. Analysis will include existing year (2017) analysis, opening year (TBD) analysis, and design year (2040) analysis. Recommendations will be developed for Drake Street and Cassatt Street intersections. EXPENSES BASIS OF ESTIMATE JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Attachment A-2 - Justification of Costs and Fees May 8, 2019 Washington County MANHOURS LABOR COSTS A2-5 ROADWAY DESIGN & PLANS TASK PD PM SE STRE STFE CAD/DES ASST TOTAL Design Criteria 1 4 5 Location and/or Design Alternatives (10%) Design & Exhibits 40 40 80 160 Cost Estimate 2 8 10 Quality Reviews 4 4 Public Meeting Support 4 4 4 12 Conceptual Design (30%) Roadway Design & Plans 20 60 100 140 320 Intersection Design & Plans 8 20 20 48 Cost Estimate 16 16 Quality Reviews 8 8 16 Preliminary Design (50%) Pavement Design 16 16 Roadway Design & Plans 80 240 400 400 1,120 Intersection Design & Plans 8 40 40 40 128 Drainage Report 8 20 28 Cost Estimate 16 16 32 Coord. & Estimating of ArDOT Standard 8 8 16 8 40 Quality Reviews 8 16 24 Field Inspection/ Plan Review Meeting 6 6 12 Final Design (90%/100%) Roadway Design & Plans 20 40 160 200 420 Quality Reviews 8 16 24 Field Inspection/ Plan Review Meeting 6 6 12 TOTAL MH - ROADWAY DESIGN & PLANS 0 191 532 0 820 904 0 2,447 Category - Description Rate MH Amount PD - Project Director $75.00 0 $0 PM - Project Manager $65.00 191 $12,415 SE - Senior Engineer $50.00 532 $26,600 STRE - Structural Engineer $50.00 0 $0 STFE - Staff Engineer $40.00 820 $32,800 CAD/DES - CAD/Designer $30.00 904 $27,120 ASST - Project Assistant $25.00 0 $0 Subtotal $98,935 Overhead 221.95% $219,586 Subtotal $318,521 Fee $38,223 FCCM 0.00% $0 Subtotal Labor Costs $356,744 LABOR COSTS Attachment A-2 - Justification of Costs and Fees May 8, 2019 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County MANHOURS A2-6 ROADWAY DESIGN & PLANS Attachment A-2 - Justification of Costs and Fees May 8, 2019 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County ITEM Quantity Unit Rate Amount Printing (11 x 17)500 each $0.35 $175 Plotting (22 x 34)0 each $1.35 $0 Subtotal Expenses $175 TOTAL COSTS - ROADWAY DESIGN & PLANS $356,919 Description Project is scoped as a notch and widen project with all widening occuring on the west side of the existing roadway. Project length = 1 mile Intersection designs will include EB left-turn lane at Drake Street; roundabout at Cassatt Street BASIS OF ESTIMATE EXPENSES A2-7 TITLE I SERVICES HOURS SALARY FEE EXPENSES TOTAL ROADWAY 84 $10,512 $1,261 $0 $11,773 FIELD SURVEYS AND MAPPING 998 $66,208 $7,945 $1,445 $75,598 ROW DESIGN & PLANS 547 $36,855 $4,423 $0 $41,278 GEOTECHNICAL 169 $11,268 $1,352 $15,444 $28,064 SUBCONSULTANT TOTAL TITLE I 1,798 $124,843 $14,981 $16,889 $156,713 SUBCONSULTANT TOTAL TITLE II 0 $0 $0 $0 SUBCONSULTANT TOTAL PROJECT 1,798 124,843 14,981 16,889 $156,713 Attachment A-2 - Justification of Costs and Fees May 8, 2019 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County SUBCONSULTANT SUMMARY A2-8 ROADWAY McClelland Consulting Engineers, Inc. TASK PRE TM PE TECH CD DRAFT ADMIN TOTAL Roundabout Design Design Criteria Development 4 8 12 30% Design Review 8 16 24 60% Design Review 8 16 24 90% Design Review 8 16 24 TOTAL MH - FIELD SURVEYS & MAPPING 28 0 56 0 0 0 0 84 Category - Description Rate MH Amount PRE - Principal Engineer $65.00 28 $1,820 TM - Task Manager $45.00 0 $0 PE - Project Engineer $40.00 56 $2,240 TECH - Technician $28.00 0 $0 CD - Chief Draftsman $26.71 0 $0 DRAFT - Draftsman $24.00 0 $0 ADMIN - Administrative Assistant $10.50 0 $0 Subtotal $4,060 Overhead 158.92% $6,452 Subtotal $10,512 Fee $1,261 FCCM 0.00% $0 Subtotal Labor Costs $11,773 ITEM Quantity Unit Rate Amount Printing (11 x 17)each $0 Plotting (22 x 34)each $0 Mileage (27 trips @ 4 miles)mile $0 Lodging each $0 Meals (per day)each Subtotal Expenses $0 TOTAL COSTS - FIELD SURVEYS & MAPPING $11,773 Description LABOR COSTS EXPENSES BASIS OF ESTIMATE Attachment A-2 - Justification of Costs and Fees May 8, 2019 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County MANHOURS A2-9 FIELD SURVEYS & MAPPING McClelland Consulting Engineers, Inc. TASK PRE TM PLS PC CREW TECH ADMIN TOTAL Control Survey (CSUR) Field Work 32 32 64 Office Computation & Mapping 8 16 24 48 Design Survey (DSUR) Field Work 178 178 356 Office Computation & Mapping 12 20 120 152 Parcel Survey (PSUR) Field Work 56 56 112 Easement Review, Plotting & Adding To Survey 50 50 Office Comps. ROW and Boundary Resolution 16 120 80 216 TOTAL MH - FIELD SURVEYS & MAPPING 0 36 156 266 266 274 0 998 Category - Description Rate MH Amount PRE - Principal Engineer $55.25 0 $0 TM - Task Manager $38.00 36 $1,368 PLS - Registered Land Surveyor $32.00 156 $4,992 PC - Survey Party Chief $28.00 266 $7,448 CREW - Survey Field Crewman $19.50 266 $5,187 TECH - Technician $24.00 274 $6,576 ADMIN - Administrative Assistant $10.50 0 $0 Subtotal $25,571 Overhead 158.92% $40,637 Subtotal $66,208 Fee $7,945 FCCM 0.00% $0 Subtotal Labor Costs $74,153 ITEM Quantity Unit Rate Amount Easement research from WACO Title 11 each $125.00 $1,375 Printing (11 x 17)each $0 Plotting (22 x 34)each $0 Mileage (27 trips @ 4 miles)120 mile $0.580 $70 Lodging each $0 Meals (per day)each Subtotal Expenses $1,445 TOTAL COSTS - FIELD SURVEYS & MAPPING $75,598 Description Attachment A-2 - Justification of Costs and Fees May 8, 2019 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County LABOR COSTS MANHOURS - Route passes 7 tracts on the east side of Hwy 112. - Job site is 4 miles r/t from our offices. EXPENSES BASIS OF ESTIMATE - Job area is 6,000' x 120', approx. 16.9 acres, commence Melma Dr, terminate 200' north of Drake St. Includes 13 public side streets @ 100' to 150' typical from Hwy 112 CL. W. Altheimer Dr. and Cassatt St. at 250' from Hwy 112 CL. Includes 2 crossings storm drains. - All but 1,400 feet on the east side of Hwy 112 is adjacent to University of Arkansas Agri Farm Campus A2-10 ROW DESIGN & PLANS McClelland Consulting Engineers, Inc. TASK PRE TM PLS PC CREW TECH ADMIN TOTAL Staged Submittal of ROW Plans 13 30 160 160 28 391 Preliminary Staking of ROW for Appraisal 4 16 60 60 16 156 TOTAL MH - ROW DESIGN & PLANS 13 34 176 60 60 176 28 547 Category - Description Rate MH Amount PRE - Principal Engineer $55.25 13 $718 TM - Task Manager $36.77 34 $1,250 PLS - Registered Land Surveyor $29.46 176 $5,185 PC - Survey Party Chief $27.12 60 $1,627 CREW - Survey Field Crewman $15.60 60 $936 TECH - Technician $24.00 176 $4,224 ADMIN - Administrative Assistant $10.50 28 $294 Subtotal $14,234 Overhead 158.92% $22,621 Subtotal $36,855 Fee $4,423 FCCM 0.00% $0 Subtotal Labor Costs $41,278 ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11)each $0 Printing (11 x 17)each $0 Plotting (22 x 34)each $0 Mileage mile $0 Roll Plot lf $0 Subtotal Expenses $0 TOTAL COSTS - ROW DESIGN & PLANS $41,278 Description Main Lanes Side Roads Total BASIS OF ESTIMATE # Parcels # Miles 11 Attachment A-2 - Justification of Costs and Fees May 8, 2019 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County EXPENSES MANHOURS LABOR COSTS 11 1.40 0.3 1.1 A2-11 GEOTECHNICAL McClelland Consulting Engineers, Inc. TASK PRE TM ST ET LT I LT II LT III GE DM CLR TOTAL Geotechnical Investigation & Reports 5 6 12 30 30 30 30 20 3 3 169 TOTAL MH - GEOTECHNICAL 5 6 12 30 30 30 30 20 3 3 169 Category - Description Rate MH Amount PRE - Principal Engineer $66.63 5 $333 TM - Task Manager $56.38 6 $338 ST - Survey Technician $31.00 12 $372 ET - Engineering Technician $20.75 30 $623 LT I - Lab Technician I $15.50 30 $465 LT II - Lab Technician II $18.50 30 $555 LT III - Lab Technician III $22.75 30 $683 GE - Geotechnical Engineer $42.75 20 $855 DM - Draftsman $23.00 3 $69 CLR - Clerical $19.50 3 $59 Subtotal $4,352 Overhead 158.92% $6,916 Subtotal $11,268 Fee $1,352 FCCM 0.00% $0 Subtotal Labor Costs $12,620 ITEM Quantity Unit Rate Amount Courier (FedEx)5 each $15.00 $75 Mobilization/Demobilization 1 LS $500.00 $500 Boring Setup 14 each $40.00 $560 Soil Drilling in Roadway Areas (25 borings - 10' max)140 LF $12.00 $1,680 ASTM D-2216 Moisture Content Determination 90 each $10.00 $900 ASTM D-4318 Liquid and Plastic Limit of Soils 28 each $50.00 $1,400 ASTM D-422 Gradation Analysis of Soils (6 sieves)28 each $50.00 $1,400 ASTM D-2166 Unconfined Compressive Strength (Soil)7 each $35.00 $245 ASTM D-2166 Dry Unit Weight of Specimens 7 each $12.00 $84 ASTM D-1888 California Bearing Ratio 6 each $500.00 $3,000 ASTM D-698 Standard Proctor (w/ Classification)6 each $300.00 $1,800 Traffic Control 1 hours $3,000.00 $3,000 Backhoe Rental 1 LS $800.00 $800 Subtotal Expenses $15,444 TOTAL COSTS - GEOTECHNICAL $28,064 Description Roadway Geotechnical Investigation will be conducted for the purpose of obtaining subgrade soil and existing pavement data to prepare a Geotechnical Report which will include recommendations for new pavement sections, overlay sections (if planned), road subgrade materials, and planned grading for the portion of the project from approximately Melmar Drive to approximately 215 feet beyond W. Drake Street (1.14 miles). The project scope is expected to consist of widening the existing dimensions of Hwy 112 (Garland Ave) along this length. Test pits are anticipated being required to obtain bulk samples for CBR testing and subsequent pavement recommendations. A backhoe rental fee is included to perform the test pits. Traffic control services are anticipated as being required for the drilling operations, which are anticipated to require a minimum of three (3) working days. The above fees anticipate that survey data at the boring locations will be obtained through a different fee scope, other than Geotechnical. Attachment A-2 - Justification of Costs and Fees May 8, 2019 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County EXPENSES MANHOURS LABOR COSTS BASIS OF ESTIMATE Miles # Borings 1 14 A2-12 B1-1 APPENDIX B1 SUBCONSULTANT AGREEMENT JOB NO. 040720 Poplar St. – Drake St. (Fayetteville) (S) Washington County 1. SUBCONSULTANT AGREEMENT 1.1. The services to be performed under this Subconsultant Agreement will be performed in connection with the Agreement for Engineering Services (“Prime Agreement”) between the Burns & McDonnell Engineering Company, Inc. (“Consultant”) and the City of Fayetteville (“Owner”) for Job 040720, dated __________________, 2019. Consultant and McClelland Consulting Engineers, Inc. (“Subconsultant”) hereby agree that the Subconsultant shall perform the professional and related services as described herein. In considera tion for the performance of the professional services the Consultant agrees to compensate (and reimburse, if applicable) the Subconsultant in the manner and at the rate(s) provided herein. 1.2. The definitions of the Prime Agreement, and its provisions relating to the obligations, duties, and rights of subcontractors, or which are otherwise required to be inserted into any subcontracting agreements, are deemed to be part of, and are hereby incorporated by reference into, this Subconsultant Agreement and made binding upon the Subconsultant. 1.3. The Subconsultant shall perform its services in character, sequence, and timing so that it will be coordinated with that of the Consultant and in accordance with any schedules provided by the Consultant. Subconsultant shall be responsible for damages to Consultant or Owner to the extent caused by Subconsultant’s delay. 2. DESCRIPTION OF PROJECT AND SERVICES TO BE PROVIDED 2.1. ROADWAY The Subconsultant will provide design input and perform quality control reviews for the design and plans related to the roundabout intersection at Highway 112 and Cassatt Street. 2.2. FIELD SURVEYS AND MAPPING The Subconsultant shall be responsible for obtaining all required aerial photography and topographic mapping (other than that provided by the City/ ARDOT). The Subconsultant shall also be responsible for all field surveys including topographic surveys, hydraulic surveys, property surveys, and utility surveys, as needed, to identify all existing features along the project including soil borings and establishing project control. Surveying procedures and requirements as established by ARDOT Survey Procedures Manual do not apply to this project. All services performed shall be consistent with Arkansas minimum standards and in compliance with Arkansas laws and regulations governing the practice of Land Surveyors and with all Federal, State and Local laws, regulations and ordinances applicable to the work. All design and land surveys shall be supervised and certified (stamped) by a Professional Surveyor registered in Arkansas. B1-2 All plans and surveys shall be in U.S. Foot Units and based on Arkansas State Plane Grid that have been converted to ground units based on the Combination Adjustment Factor (CAF) approved by, or provided by, the ARDOT. 2.3. RIGHT-OF-WAY PLANS A. PRELIMINARY AND FINAL DESIGN 1. Provide Right-of-Way Plans. Right of Way Plans shall be prepared and submitted to the Consultant according to the following: Stage 1: Submit 60% strip map with construction centerline, limits of construction, existing topography and proposed right of way plotted on complete parcel surveys with property lines identified. Stage 2: Prepare right of way plans to City specifications including a metes and bounds legal description of each parcel. Plan scale shall be adequate to clearly show all details, dimensions, bearings, distances and notes at 11”x17” sheet size (not smaller than 1”=100’ unless approved in advance by City). Stage 3: Perform a thorough “in-house” review of the right of way plans. Stage 4: Submit 90% level right of way plans for review (11’x17”), legal descriptions, and “current owner” certificates of title with deeds attached, including an electronic file of the following:  Right of way plans (All design and plans shall be compiled with AutoCAD/Civil 3D & MicroStation for submittal to ARDOT).  Legal descriptions (MSWORD format).  Point numbers of all points with the coordinates, feature code and point descriptions. The format is: Point Number, Easting Coordinate (X), Northing Coordinate (Y), Elevation, Feature Code (Two-letter designation), Point Description.  Alignment report with point numbers used for the baseline, design alignment, and existing right of way alignment control. Stage 5: Submit final right of way plans and electronic files with corrections requested by the City. 2.4. GEOTECHNICAL INVESTIGATIONS AND REPORTING This scope of work includes subsurface borings at 500-feet intervals alternating between a widened portion and the existing roadway, field and laboratory testing, and material properties for pavement design. Borings shall extend 10 feet below existing ground elevation. CBR tests shall be performed at a 1000-ft spacing. Coring of the existing roadway shall be performed at a 1000-ft interval to confirm the existing pavement section. No investigations or recommendations for retaining walls or bridges are included in the scope of work at this time. The Subconsultant will be responsible for staking and locating field borings and then including coordinates and elevations for those borings in the report. Deliverables shall include a Preliminary and Final Geotechnical Report. All work performed by the Subconsultant shall be in compliance with all applicable Federal, State, and local laws, regulations, and ordinances. Subconsultant shall also adhere to the Safety Provisions included in Appendix B-1A. B1-3 2.5. DELIVERABLES  Electronic files of the project surveys on a compact disc in AutoCAD/Civil 3D and Microstation DGN format.  Preliminary Geotechnical Report  Final Geotechnical Report  60% Right of Way Strip Map  90% Right of Way Plans and/or Exhibits  Warranty deed descriptions  Final Right of Way Plans 3. COSTS, FEES, PAYMENTS AND RATE SCHEDULES 3.1. This Agreement is a cost-plus-fixed-fee contract. The Subconsultant is being hired to perform professional engineering services in connection with the Project as set forth herein. In consideration for Title I services performed, the Consultant will reimburse the Subconsultant for allowable direct and indirect costs, as defined herein, and pay the Subconsultant a fixed fee. If Title II services are to be performed, the Consultant will reimburse the Subconsultant for allowable direct costs and also pay the Subconsultant an amount determined by multiplying the salary rate of the individual(s) performing the Title II services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. 3.2. “Indirect Cost Rate.” The Indirect Cost Rate is defined in the provisions of 48 CFR Part 31 (FAR), and is also subject to any limitations contained herein. The Indirect Cost Rate for the Subconsultant under this Agreement s hall be 158.92 percent (FY2017) until modified in writing and is based upon acceptance of an updated audited indirect cost rate by the Department. 3.3. Salaries. The following schedule covers the classification of personnel and the salary ranges for all personnel anticipated to be assigned to this project by the Subconsultant: 3.3.1. SCHEDULE OF SALARY RANGES Staff Classification Low Rate per Hour High Rate per Hour Principal Engineer $48.08 $78.00 Task Manager $34.66 $74.00 Registered Land Surveyor $27.88 $48.75 Survey Party Chief $20.14 $38.50 Survey Field Crewman $15.56 $30.00 Project Engineer $33.00 $70.25 Geotechnical Engineer $33.17 $55.50 Chief Draftsman $26.71 $36.00 Draftsman $16.83 $27.80 Technician $24.50 $40.00 Survey Technician $15.00 $36.75 Lab/Engineering Technician $11.00 $40.75 Field Technician $18.80 $39.00 Clerical $11.60 $28.50 Administrative Assistant $10.50 $28.50 B1-4 3.3.2. The Consultant shall reimburse the Subconsultant for overtime costs only when the overtime has been authorized in writing by the Owner. When authorized, overtime shall be reimbursed at the rate of time and one-half for all nonexempt employees. Notwithstanding this provision, the Subconsultant must comply with all federal and state wage and hour laws and regulations, regardless whether the overtime is considered reimbursable under this Agreement. 3.4. “Title I Services Ceiling Price.” The Title I Services Ceiling Price for this Agreement is $156,713.00, inclusive of a fixed fee of $14,981.00. The Title I Services Ceiling price is the maximum aggregate amount of all payments that the Consultant may become obligated to make to Subconsultant under this Agreement for fees and costs related to Title I Services. In no event, unless modified in writing, shall total payments by the Consultant related to Title I Services exceed the Title I Services Ceiling Price. The Subconsultant shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the Subconsultant, its officers, agents, employees, or representatives, incur any liability for, any fee or cost related to, Title I Services exceeding the Title I Services Ceiling Price. 3.5. Payment to Subconsultant will be made within fifteen (15) days after Consultant is paid by Owner for Subconsultant’s services. Subconsultant recognizes that payment by Owner to Consultant shall be a condition precedent to Consultant’s obligation to make payment hereunder, and that payment to Subconsultant is directly contingent upon Owner’s payment to Consultant. 3.6. If required by the Owner or Consultant, lien waivers, properly executed by Subconsultant, shall be furnished with each invoice from Subconsultant in the form of the lien waiver required by Consultant. 3.7. Consultant may withhold payment to Subconsultant, in whole or in part, to the extent reasonably necessary to protect Consultant from loss on account of: (a) defective services not remedied; (b) claims by Owner or other third party or evidence reasonably indicating the probable filing of claims; (c) failure of Subconsultant to make payments to any subconsultant; (d) any cost for which Subconsultant is responsible under this Agreement; or (e) a breach by Subconsultant of any provision of this Agreement. When the grounds for withholding payments are removed, payment of such withheld amounts shall be made. No interest shall be due or payable by Consultant on amounts withheld in good faith pursuant to this paragraph. 3.8. Payment to Subconsultant does not constitute or imply acceptance by Consultant or Owner of any portion of the Subconsultant’s services and shall not constitute a waiver of any claims against Subconsultant. 4. COMPENSAT ION SUBJECT TO LIMITATIONS OF FEDERAL AND STATE LAW The Project (as defined in the Prime Agreement), part of which is to be performed under this Subconsultant Agreement, is a federally-assisted project and federal funds will be used, in part, to pay the Consultant and Subconsultant. Therefore, notwithstand ing any provision of this Subconsultant Agreement or the Prime Agreement, all payments, costs, and expenditures are subject to the requirements and limitations of FAR, including those relating to determination of indirect cost rates, if applicable. The Su bconsultant shall certify the accuracy of all invoices, requests for payment, and cost rates (if applicable), B1-5 along with supporting documentation and any supporting information or records provided prior to, during, or after the term of this Subconsultant Agreement. 5. COMMISSION, ARDOT, AND FHWA AS THIRD PARTY BENEFICIARIES 5.1. This Subconsultant Agreement is between and binding upon only the Consultant and Subconsultant. The Commission, ARDOT, and FHWA are not parties to this Subconsultant Agreement, but are expressly made third-party beneficiaries of this Subconsultant Agreement and shall be entitled to enforce any obligation of the Subconsultant owed to the Consultant. No provision of this Subconsultant Agreement or the Prime Agreement, nor the exercise of any right thereunder, shall be construed as creating any obligation or any liability on the part of, or operating as a waiver of any immunity of, the Commission, the ARDOT, the FHWA, or any of their employees, officers, or agents. 5.2. The Subconsultant’s sole recourse, if any, for any injury arising under or related to this Subconsultant Agreement, the performance of services hereunder, or compensation or claims hereunder, shall be against the Consultant. 5.3. The Disputes and Claims provisions of the Prime Agreement shall not apply to this Subconsultant Agreement. However, the Subconsultant shall provide the Consultant all necessary information and assistance to enable Consultant to comply with the Disputes and Claims provisions. 6. RECORDS & AUDITS 6.1. Records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. 6.2. Examination. The Subconsultant shall maintain, and the Owner, ARDOT, FHWA, and their authorized representatives shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs (direct and indirect) claimed to have been incurred or anticipated to be incurred in performance of this Agreement. This right of examination shall also include examination and audit of any records considered, relied upon, or relating to the determination of the Indirect Cost Rate or any certification thereof, including any CPA audit relied upon to establish the rate. This right of examination shall also include inspection at all reasonable times of the Subconsultant’s offices and facilities, or parts of them, engaged in performing the Agreement. 6.3. Supporting Data. If the Subconsultant has been required to submit data in connection with any action relating to this Agreement, including the negotiation of or pre -negotiation audit of the Indirect Cost Rate, the negotiation of the Fee, request for cost reimbursement, request for payment, request for an adjustment, or assertion of a claim, the Owner, ARDOT, FHWA, or their authorized representatives, in order to evaluate the accuracy, completeness, and accuracy of the data, shall have the right to examine and audit all of the Subconsultant’s records, including computations and projections, related to —  The determination or certification of the Indirect Cost Rate, including any independent CPA audit or certification thereof;  Any proposal for the Agreement, subcontract, or modification;  Discussions conducted on the proposal(s), including those related to negotiating; B1-6  Fees or allowable costs under the Agreement, subcontract, or modification;  Performance of the Agreement, subcontract or modification; or,  The amount and basis of any claim or dispute. 6.4. Audit. The Owner, ARDOT, FHWA, or their authorized representatives, shall have access to and the right to examine any of the Subconsultant’s records involving transactions related to this Agreement or a subcontract hereunder. 6.5. Reports. If the Consultant is required to furnish cost, funding, or performance reports, the Owner, ARDOT, FHWA, or their authorized representatives shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating (1) the effectiveness of the Consultant’s policies and procedures to produce data compatible with the objectives of these reports and (2) the data reported. 6.6. Availability. The Consultant shall retain and make available at its office at all reasonable times the records, materials, and other evidence described in this Section and in the Prime Agree Section 29, Disputes and Claims, for examination, audit, or reproduction, until five years after final pa yment under this Agreement, or for any longer period required by statute or by other clauses of this Agreement. In addition— 6.6.1. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be retained and made available for five years after the termination; and, 6.6.2. Records relating to any claim or dispute, or to litigation or the settlement of claims arising under or relating to this Agreement shall be retained and made available until after any such claims or litigation, including appeals, are finally resolved. 6.7. The Subconsultant shall insert a clause containing all the terms of this section in all subcontracts under this Agreement. 7. PATENT AND COPYRIGHT INFRINGEMENT 7.1. The Subconsultant shall report to the Consultant and to the Owner, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this Agreement of which the Subconsultant has knowledge. 7.2. In the event of any claim or suit against the Owner on account of any alleged patent or copyright infringement arising out of the performance of this Agreement or out of the use of any supplies furnished or work or services performed under this Agreement, the Subconsultant shall furnish to the Consultant and Owner, when requested by the Consultant and/or the Owner, all evidence and information in possession of the Subconsultant pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the Subconsultant. 7.3. The Subconsultant agrees to include, and require inclusion of, the provisions of this section in all subcontracts at any tier for supplies or services. 7.4. The Subconsultant shall indemnify the Owner and its officers, agents, and employees against liability, including costs and attorneys’ fees, for infringement of any United States patent or copyright arising from the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property und er B1-7 this Agreement, or out of the use or disposal by or for the account of the Owner of such supplies or construction work. 7.5. This indemnity shall not apply unless the Subconsultant shall have been informed within ten (10) business days following the Owner’s receipt of legal notice of any suit alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to (1) an infringement resulting from compliance with specific written instructions of the Owner directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the Agreement not normally used by the Subconsultant, (2) an infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or (3) a claimed infringement that is unreasonably settled without the consent of the Subconsultant, unless required by final decree of a court of competent jurisdiction. 8. SUBCONTRACTING 8.1. Unless expressly disclosed in Appendix B, the Subconsultant may not subcontract any of the services to be provided herein without the express written approval of the Consultant and Owner. All subcontractors, including those listed in Appendix B, shall be bound by the terms of this Agreement. All subcontractors shall be subject to all contractual and legal restrictions concerning payment and determination of allowable costs, and subject to all disclosure and audit provisions contained herein and in any applicable federal or state law. 8.2. Unless the consent or approval specifically provides otherwise, neither consent by the Consultant or Owner to any subcontract nor approval of the Subconsultant’s purchasing system shall constitute a determination (1) of the acceptability of any subcontract terms or conditions, (2) of the acceptability of any subcontract price or of any amount paid under any subcontract, or (3) to relieve the Subconsultant of any responsibility, obligation, or duty under this Agreement. 8.3. No subcontract placed under this Agreement shall provide for payment on a cost-plus- a-percentage-of-cost basis, and any fee payable under cost-reimbursement subcontracts shall not exceed the fee limitations of the FAR. 8.4. Furthermore, notwithstanding any other provision within this Agreement, no reimbursement or payment for any markup of the cost of any subcontract shall be considered by the Owner without the express written agreement of the Owner. 8.5. Prompt Payment. The Subconsultant shall pay subcontractors for satisfactory performance of their subcontracts within 30 days of receipt of each payment by the Consultant to the Subconsultant. Any retainage payments held by the Subconsultant must be returned to the subcontractor within 30 days after the subcontractor’s work is completed. Failure to comply with this provision shall be considered a Default by the Subconsultant. If the Subconsultant fails to comply with this provision, in addition to any other rights or remedies provided under this Agreement, the Owner, at its sole option and discretion, may:  make payments directly to the subcontractor and offset such payments, along with any administrative costs incurred by the Owner, against reimbursements or payments otherwise due the Subconsultant;  notify any sureties; and/or, B1-8  withhold any or all reimbursements or payments otherwise due to the Subconsultant until the Subconsultant ensures that the subcontractors have been and will be promptly paid for work performed. 9. RESTRICTIONS ON EMPLOYMENT OF PRESENT AND FORMER EMPLOYEES The Subconsultant agrees to a 6 month restriction on employment of present and former employees of Owner regarding matters for which a former employee was officially responsible. 10. INSURANCE 10.1. Professional Liability Insurance Coverage. The Subconsultant shall maintain at all times during the performance of services under this Agreement professional liability insurance coverage for negligent acts, errors, and omissions to the extent caused by the performance of professional services under this Agreement in an amount per claim of $1,000,000 per claim and aggregate. Such insurance shall extend to any errors, omissions, and negligent acts in the performance of services under this Agreement committed by the Subconsultant or alleged to have been committed by the Subconsultant subject to the terms of the policy. 10.2. Deductible. The Subconsultant may maintain a professional liability insurance policy with a deductible clause. The Subconsultant shall submit promptly to the Consultant, upon request as often as quarterly, detailed financial statements and any other information requested by the Consultant to reasonably determine whether or not the Subconsultant's financial resources are sufficient to adequately cover possible liability in the amou nt of the deductible. 10.3. Worker's Compensation Insurance. The Subconsultant shall at all times during the Term of this Agreement maintain Worker's Compensation and Employers Liability Insurance as required under Arkansas law. 10.4. Automobile and General Liability Insurance. The Subconsultant shall at all times during the term of this Agreement maintain commercial general liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000 per occurrence and aggregate, and business automobile liability insurance coverage for bodily injury and property damage in the combined single limit of $1,000,000 per accident, which shall cover all owned, hired, and non-owned vehicles. 10.5. Valuable Papers Insurance. The Subconsultant shall at all times during the term of this Agreement maintain Valuable Papers Insurance, whether as a part of the General Liability Insurances referenced above or as a separate insurance, in an amount sufficient to cover all costs associated with repairing , restoring, or replacing any plans, drawings, field notes, and other documents kept or created by the Subconsultant as part of the services under this Agreement, in the event of casualty to, or loss or theft of such papers. 10.6. Contractor’s Pollution/Environmental Impairment Liability Insurance. The Subconsultant shall at all times during the term of this Agreement maintain Contractor’s Pollution/Environmental Impairment Liability Insurance in an amount per claim of $5,000,000 per claim and aggregate. 10.7. Insurance Certificates. Prior to the execution of this Agreement, the Subconsultant shall furnish to the Consultant certificates of insurance reflecting policies in force, and it shall also provide certificates evidencing all renewals of any expiring insu rance policy B1-9 required hereunder within thirty (30) days of the expiration thereof. The Subconsultant's failure to provide and continue in force and effect any insurance required under this Article shall be deemed a Default for which Consultant, in its sole discretion, may terminate this Agreement immediately or on such other terms as it sees fit. 10.8. Additional Insurance Requirements. All insurance maintained by the Subconsultant pursuant to this Section shall be written by insurance companies authorized to do business in Arkansas, in form and substance reasonably satisfactory to the Consultant, and shall provide that the insurance will not be subject to cancellation during its term except upon thirty (30) days prior written notice to the Consultant. In the event that the insurance is cancelled, during its term and thirty (30) days written notice cannot be provided to the Consultant, the Subconsultant shall provide any insurance required under this Article for continual coverage upon expiration of the existing policy or become financially responsible for any claims associated with the expired period. 10.9. Duration of Insurance Obligations. The Subconsultant shall maintain its professional insurance coverage required under this Agreement in force and effect for a period not less than one year after the final completion of the Subconsultant's services under this Agreement. Commercial General Liability Insurance Coverage and Valuable Papers Insurance Coverage required under this Agreement shall be in full force and effect until the final completion of the Subconsultant's services. All other insurance shall be maintained in full force and effect until final completion of the Subconsultant's services. 10.10. Subconsultant's Insurance Primary. All insurance policies maintained by the Subconsultant providing additional insured coverage pursuant to this Agreement shall provide that the Subconsultant’s insurance shall be primary and the Consultant’s own insurance shall be non-contributing. 10.11. Additional Insured. All liability insurance policies, except the professional liability policy, worker’s compensation and valuable papers maintained by the Subconsultant pursuant to this Agreement shall be endorsed to include the Consultant, its officers, directors, employees, as additional insured, 10.12. Subconsultant shall be solely liable for the amount of any deductibles should claims or expenses (including attorneys' fees) under the insurance policies require payment. If applicable, Subconsultant shall require its subcontractors to furnish the above insurance and comply with all requirements of this paragraph, including but not limited to the furnishing of certificates to Consultant and its client if required. Subconsultant and its subcontractors shall not violate, or permit to be violated, any conditions or warranties of the above insurance policies and shall at all times satisfy the requirements of the insurance carriers, underwriters, brokers, or agents writing said policies. 11. COVENANT AGAINST CONTINGENCY FEES 11.1. The Subconsultant warrants that no person or agency has been employed or retained to solicit or obtain this Subconsultant Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of thi s warranty, the ARDOT and Consultant shall have the right to annul this Subconsultant Agreement without liability or, in its discretion, to deduct from the Contract Price or consideration, or otherwise recover, the full amount of the contingent fee. B1-10 11.2. Bona fide agency, as used in this section, means an established commercial or selling agency, maintained by the Subconsultant for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds itself out as being able to obtain any government contract or contracts through improper influence. 11.3. Bona fide employee, as used in this section, means a person, employed by the Subconsultant and subject to the Subconsultant’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence. 11.4. Contingent fee, as used in this section, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract. 11.5. Improper influence, as used in this section, means any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter. 12. TITLE VI ASSURANCES (NONDISCRIMINATION) During the performance of this Subconsultant Agreement, the Subconsultant, for itself, successors, and assigns, certifies and agrees as follows: 12.1. Compliance with Regulations. The Subconsultant shall comply with the Regulations relative to Title VI (Nondiscrimination in Federally-assisted programs of the Department of Transportation and its operating elements, especially Title 49, CFR Part 21, as amended, and hereinafter referred to as the Regulations). These regulations are herein incorporated by reference and made a part of this Subconsultant Agreement. Title VI provides that the recipients of Federal financial assistance will maintain and implement a policy of nondiscrimination in which no person shall, on the basis of race, co lor, or national origin be excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity by recipients of Federal financial assistance or their assignees and successors in interest. 12.2. Nondiscrimination. The Subconsultant, with regard to the work performed by it during the term of this Subconsultant Agreement, shall not discriminate on the basis of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Subconsultant shall not participate either directly or indirectly in any discrimination prohibited by Section 21.5 of the Regulations, including employment practices. 12.3. Solicitations for Subcontracts, Including Procurements of Material & Equipment. In all solicitations, either by competitive bidding or negotiation, made by the Subconsultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Subconsultant of the Subconsultant’s obligations under this Subconsultant Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 12.4. Information and Reports. The Subconsultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, and accounts, other sources of information, and its facilities as may be determined by the Owner, the ARDOT, or the USDOT and its Affiliated Modes to be B1-11 pertinent to ascertain compliance with such regulations and directives. Where any information required of the Subconsultant is in the exclusive possession of another who fails or refuses to furnish this information, the Subconsultant shall so certify to the Owner, the ARDOT or the USDOT and its Affiliated Modes, as appropriate, and shall set forth what efforts made by the Subconsultant to obtain the records or information. 12.5. Sanctions for Noncompliance. In the event of the Subconsultant’s noncompliance with the nondiscrimination provisions of this Subconsultant Agreement, the Owner shall impose such contract sanctions as it, the ARDOT, or the USDOT and its Affiliate Modes may determine to be appropriate, including but not limited to, withholding of payments to the Consultant or Subconsultant under the Agreement until the Subconsultant complies with the provisions and/or cancellation, termination, or suspension of the Subconsultant Agreement, in whole or in part. 12.6. Incorporation of Provisions. The Subconsultant shall include the terms and conditions of this section in every subcontract including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Subconsultant shall take such action with respect to any subcontract or procurement as the Owner, the ARDOT, or USDOT and its Affiliated Modes may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, however that, in the event the Subconsultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Subconsultant may request the Owner, the ARDOT, or the United States to enter into the litigation to protect the interests of the State and the United States, respectively. 13. DBE CLAUSE 13.1. The Subconsultant shall not discriminate on the basis of race, color, sex, or national origin in the performance of this Subconsultant Agreement. The Subconsultant shall comply with the applicable requirements of 49 CFR Part 26 and perform any actions necessary to maintain compliance in the award and administration of DOT -assisted contracts. Failure by the Subconsultant to comply with or perform these requirements is a material breach of this Subconsultant Agreement, which may result in the cancellation, termination, or suspension of this Subconsultant Agreement in whole or in part, or such other remedy that the Owner or ARDOT may determine appropriate. 13.2. The Subconsultant shall insert a clause containing all the terms of this section in all subcontracts under this Agreement. 14. COMPLIANCE WITH ALL OTHER LAWS REGARDING NONDISCRIMINATION 14.1. The Subconsultant will comply with the provisions of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, Title VI of the Civil Rights Act of 1964, FHWA Federal Aid Project Guidance, and any other Federal, State, and/or local laws, rules and/or regulations. 14.2. The Subconsultant, during the term of this Agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion , disability, or any other protected classes in admission or access to and treatment in programs and activities associated with this Agreement, or in the selection and retention of subcontractors, including procurement of material and leases of equipment. The Consultant shall not participate either directly or indirectly in any discrimination prohibited by the Regulations, including employment practices. B1-12 15.3. In accordance with Section 504 regulations 49 CFR Part 27.15, the Owner’s Notice of Nondiscrimination is required in any bulletins, announcements, handbooks, pamphlets, brochures, and any other publications associated with this Agreement that are made available to the public, program participants, applicants or employees. 15. CERTIFICATION REGARDING LOBBYING 15.1. The Subconsultant certifies, to the best of their knowledge and belief, that: 15.1.1. 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 an 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. 15.1.2. 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 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”. The Subconsultant shall require that the language of this certification be included in the agreement for all subcontracts and that all subcontractors shall certify and disclose accordingly. 16. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS 16.1. The Subconsultant certifies, to the best of its knowledge and belief, that— 16.1.1. The Subconsultant and any of its Principals— 16.1.1.1. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal or state agency; 16.1.1.2. Have not, within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 16.1.1.3. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subsection 16.1.1.2; and, 16.1.1.4. The Subconsultant has not within a 3-year period preceding this offer, had one or more contracts terminated for default by any federal or state agency. B1-13 16.2. Principals, for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, title 18, United States Code, as well as any other applicable federal and state laws. 16.3. The Subconsultant shall provide immediate written notice to the ARDOT if, at any time prior to contract award, the Subconsultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 16.4. The certification in subsection 16.1 is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Subconsultant knowingly rendered an erroneous certification, the ARDOT may terminate the contract resulting from this solicitation for default in addition to any other remedies available to the ARDOT. 17. CERTIFICATION REGARDING CONFLICT OF INTEREST 17.1. The Subconsultant certifies, that it has no financial interest in the proposed project or construction of the proposed project. 17.1.1. The Subconsultant nor any of its Principals have 17.1.1.1. No financial interest in work associated with this contract; 17.1.1.2. No ownership interest in work associated with this contract; 17.1.1.3. No Financial interest in the results of any agency decisions regarding approvals for work associated with this project; 17.1.1.4. Policies and procedures (provided statutory framework permits) for a contracting agency to pursue a range of civil actions and penalties including fines, suspension, or debarment associated with fraud, waste, abuse, and identified conflict of interest which were not disclosed. 17.2. For the duration of the contract, except for work expressly defined in this contract, the Subconsultant shall not be party to agreements for design or construction on projects associated with contract. 17.3. For the duration of the contract, except for work expressly defined in this contract, the Subconsultant shall not be party to enforceable promises or guarantees of future work associated with this contract. 18. DISPUTES, NEGOTIATIONS, MEDIATION, AND WITNESS FEES 18.1. If a dispute arises relating to the performance of the services to be provided and, should that dispute result in litigation, it is agreed that the substantially prevailing party (as determined in equity by the court) shall be entitled to recover all reasonable costs of litigation, including staff time, court costs, attorney's fees and other related expenses. 18.2. The parties shall participate in good faith negotiations to resolve any and all disputes. Should negotiations fail, the parties agree to submit to and participate in a third party- facilitated mediation as a condition precedent to resolution by litigation. Unless otherwise B1-14 agreed to, mediation shall be conducted under the rules of the American Arbitration Association and shall be held in Kansas City, Missouri. 18.3. The parties agree that any dispute between them, including any action against an officer, director or employee of a party, arising out of or related to this Agreement, whether in contract or tort, not resolved through direct negotiation and mediation, shall be resolved by litigation in the state or federal courts located in Jackson County, Missouri, and each party expressly consents to jurisdiction therein. Any lit igation to compel or enforce, or otherwise affect the mediation shall be in state or federal courts located in Jackson County, Missouri, and each party expressly consents to jurisdiction therein. 18.4. Causes of action between the parties shall accrue, and applicable statutes of limitation shall commence to run the date Subconsultant’s services are substantially complete. 18.5. Subconsultant's employees shall not be retained as expert witnesses in the defense of Consultant or Owner, except by separate written agreement. 18.6. Consultant agrees to pay Subconsultant pursuant to Subconsultant's then current schedule of hourly labor billing rates for time spent by any employee of Subconsultant responding to any subpoena by any party in any dispute as an occurrence witness or to assemble and produce documents resulting from Subconsultant's services under this Agreement. 19. OWNERSHIP OF DOCUMENTS & DATA 19.1. Except for any pre-existing intellectual property, all project documents and data, regardless of form and including but not limited to original drawings, disks of CADD drawings, cross-sections, estimates, files, field notes, and data, shall be the property of the Consultant. The Subconsultant shall further provide all documents and data to the Consultant upon the Consultant’s request. The Subconsultant may retain reproduced copies of drawings and other documents. In the event that any patent rights or copyrights are created in any of the documents, data compilations, or any other work product, the Consultant shall have an irrevocable license to use such documents, or data compilations, or work product. These rights of the Consultant shall accrue to the Owner pursuant to the Prime Agreement between the Consultant and Owner. This provision and obligation shall survive termination of the Agreement. 20. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY 20.1. Indemnity. To the fullest extent permitted by law, Subconsultant shall defend, indemnify, and hold harmless Consultant and Owner and their respective officers, agents and employees from and against all and any claims, suits, damages, liabilities, costs and expenses, including attorneys' fees and costs of defense, stemming from any negligent, willful, intentional, or reckless act, error, or omission on the part of the Subconsultant and its subcontractors, agents, and employees. Subconsultant shall also indemnify and hold harmless Consultant and Owner, and their officers, agents, and employees against liability including costs and attorneys’ fees for infringement of any patent or copyrights arising from Subconsultant’s performance of services or the Agreement or any work product or documentation provided or prepared by Subconsultant. This provision and obligation shall survive termination of the Agreement. B1-15 21. SURVIVAL All provisions, warranties, obligations, and representations, which expressly survive or by their terms, are to survive termination. Such terms include, but are not limited to, indemnity, ownership of documents, insurance, and other similar clauses. 22. NOTICE 22.1. All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be mailed or hand-delivered to: 22.1.1. To the Subconsultant: Mr. Kevin Beaumont, C.Eng. McClelland Consulting Engineers, Inc. 1810 N. College Ave. Fayetteville, AR 72703 22.1.2. To the Consultant: Steven Beam, PE Burns & McDonnell Engineering Company, Inc. 6815 Isaacs Orchard Road, Suite B3 Springdale, AR 72764 IN WITNESS WHEREOF, the parties execute this Subconsultant Agreement, to be effective ______________________. BURNS & MCDONNELL ENGINEERING COMPANY, INC. BY:_______________________________ Benjamin J. Biller, P.E. Vice President MCCLELLAND CONSULTING ENGINEERS, INC. BY: ________________________________ Daniel Barnes, P.E. President-Fayetteville APPENDIX B-1A SAFETY PROVISIONS 1 The SUBCONSULTANT shall be solely responsible for the safety and protection of its persons and property at the Project Site and shall comply with all applicable federal, state, and local safety laws and regulations. 2 The SUBCONSULTANT shall conform to all OWNER’s and CONSULTANT’s Site-specific safety related regulations, policies, and manuals. CONSULTANT has provided its safety manual (Geotechnical Safety Plan) in its entirety to SUBCONSULTANT for its review pertaining to the intended project scope requirements. SUBCONSULTANT acknowledges it has received, reviewed and understands CONSULTANT’s and OWNER’s Geotechnical Safety Plan, safety manual, policies and procedures. Forms specifically required during the course of the geotechnical investigation activities (those forms to be provided either prior to accessing the Site to commence field activities or to be completed regularly while performing work activities) are attached hereto as ATTACHMENT 1. 3 SAFETY PRECAUTIONS AND PROCEDURES 3.1 SUBCONSULTANT shall take necessary safety precautions with respect to performance of the Services, shall comply with safety measures initiated by CONSULTANT and OWNER and with applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons or property and with the requirements of the OWNER’s operations and safety procedures, and shall submit information to CONSULTANT which fulfills the requirements as indicated in the Geotechnical Safety Plan. Failure to comply with safety provisions outlined in the Geotechnical Safety Plan may result in back charges to SUBCONSULTANT or withholding of payment until safety violations or inadequacies are abated or corrected. 3.2 SUBCONSULTANT has reviewed the CONSULTANT’s Geotechnical Safety Plan and understands all terms and requirements set forth in the Geotechnical Safety Plan. Furthermore, the work practices and requirements outlined in the Geotechnical Safety Plan will be the minimum requirements implemented and utilized during all activities. 3.3 Verbal notification shall immediately (within three (3) minutes) be provided to CONSULTANT of any workplace near miss, incident, accident, injury, illness, or related hospitalization of SUBCONSULTANT’s employees or agents at the Site of the Project, and a written report shall be made to CONSULTANT within twenty-four (24) hours of the occurrence. 3.4 All SUBCONSULTANT employees proposed to work at the Site shall attend CONSULTANT project orientation training prior to the employees being allowed to work on the Site. If the CONSULTANT is not at the Site to conduct the project orientation training, SUBCONSULTANT shall conduct the project orientation training in accordance with the Geotechnical Safety Plan. If the OWNER has a project orientation training, employees shall attend the training prior to working on the Site. In addition, SUBCONSULTANT shall conduct weekly safety training (e.g., toolbox meeting) with its employees. 3.5 SUBCONSULTANT shall submit the Competent Person Designation Form located in ATTACHMENT 1 to CONSULTANT prior to the start of Services. 3.6 SUBCONSULTANT shall immediately correct any unsafe conditions identified by CONSULTANT. In the event SUBCONSULTANT fails to immediately correct such unsafe conditions, CONSULTANT may either (1) have the unsafe conditions corrected by others at SUBCONSULTANT’s expense, or (2) direct that the Services be stopped in the area of the unsafe condition; however, this right to stop the Services shall not give rise to any duty to SUBCONSULTANT or to any third party on the part of CONSULTANT to exercise this right. 3.7 SUBCONSULTANT is required to discipline employees who violate established rules and regulations of the Project. 3.8 SUBCONSULTANT shall comply with any permitting required by CONSULTANT or OWNER for construction activities. 3.9 SUBCONSULTANT shall provide all applicable OSHA-required training and other training as outlined in the Geotechnical Safety Plan and maintain records of such training on Site as required. 3.10 The personal protective equipment (PPE) provisions outlined in the Geotechnical Safety Plan shall be enforced by SUBCONSULTANT. The following are minimum requirements for all personnel on the Project Site: (a) Safety Glasses ANSI Z-87.1; (b) Safety Toe work boots that satisfy ASTM F2413-05 Standard Requirements for Protective Footwear or ANSI Z41-1999; (c) Hard Hat; (d) Shirt with 4-inch minimum sleeves; (e) Long Pants (no shorts); (f) Class II High-Visibility apparel. 3.11 CONSULTANT shall not be liable for any damages experienced by SUBCONSULTANT due to stoppage of SUBCONSULTANT’s Services. SUBCONSULTANT shall submit no claim for increased costs or extension of time due to any such stoppage of Services. In the event the Project Site, or any portion of the Services at the Project Site, is stopped or suspended by CONSULTANT, any outside agency, or the OWNER, to the extent caused by any act, error, or omission of SUBCONSULTANT or its SUBCONSULTANTs, including, but not limited to, those activities related to safety or health, SUBCONSULTANT shall be responsible for all impact costs and damages suffered by CONSULTANT or OWNER due to such delay or disruption. In addition, SUBCONSULTANT shall be liable to CONSULTANT for any liquidated damages assessed by OWNER against CONSULTANT to the extent caused by SUBCONSULTANT. 3.12 SUBCONSULTANT shall complete and provide to CONSULTANT within the time frame stated in ATTACHMENT 1 all Project-specific safety form submittals as identified and referenced in ATTACHMENT 1. 3.13 SUBCONSULTANT may attach copies of the utility location verification forms provided by the individual utility locators in lieu of the utility representative signatures required in Section 5 of FORM J-4, ATTACHMENT 1. 4 DRUG AND ALCOHOL SCREENING 4.1 SUBCONSULTANT shall institute and maintain a substance and alcohol abuse prevention program which meets or exceeds the requirements outlined in the Geotechnical Safety Plan. If the OWNER’s requirements differ from those required by the CONSULTANT, then the substance and alcohol abuse prevention program will conform to the more stringent of these requirements. 4.2 Prior to mobilizing any employee on site, SUBCONSULTANT shall provide CONSULTANT with written documentation verifying that each employee has been tested and is drug and alcohol free per the requirements of the Geotechnical Safety Plan. 4.3 SUBCONSULTANT’s compensation shall include all costs associated with substance abuse screening, including pre-employment screening for all on-site employees, as well as monthly random testing of SUBCONSULTANT’s employees assigned to the Project site. If compensation is on a Lump Sum basis, the cost shall be included in the Lump Sum price; if on a Unit Price basis, SUBCONSULTANT can invoice once per employee at such price, but additional re-testing due to any employee failing the test is not reimbursable to SUBCONSULTANT. 4.4 The pre-site access test must be taken by the employee within five (5) days prior to reporting to the Project site. Exceptions will be made at the discretion of CONSULTANT’s Corporate Safety & Health Department. Circumstances warranting an extension of the 5-day requirement include substantiated project delays, adverse weather, delays by OWNER and other causes beyond SUBCONSULTANT’s reasonable control. 4.5 SUBCONSULTANT shall submit prior to entry upon Project site FORM C-18, ATTACHMENT 1, representing compliance with Project-specific testing within the past required/stated days for all designated on-site personnel. AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION RELATIVE TO Implementation of Highway 112 Improvements between Highway L6 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 ll2 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 0olo to 100%io, 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 Highwayll2 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. l. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment F), including all items noted, to the Department. m. 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 ll2, accept ownership and responsibility of the portion of Highway ll2, Section 0 between Highway 16 (W. 15th Street) and Highway lI2 Spur (Wedington Drive). 1 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 noti$ 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 Commissionts name. k. Submit plans at I}yo,30yo,60%o, and 90% completion stages for Department review. l. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. m. 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 Certihcation 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 ll2, 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: o Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal-aid projects; o 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; o During construction, visit and review the project on a daily basis; o Review financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; -4- o Direct project staff, City or consultant, to carry out project administration and contract oversight, including proper documentation; o 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, ActNo. 82 of 1935, and Acts amendatory thereof. 6. Assure that its policies and practices with regard to its employees, dfly 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 ofhcials. 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. I l. 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: o sell, transfer, or otherwise abandon any portion of the Projects; o change the intended use of the Projects; o make significant alterations to any improvements constructed with Federal-aid funds; or o 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 necsssary 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: l. Be responsible for the following in relation to Job 040582, Razorback Rd.-Garland Ave. (HwV. 112) (Fayetteville)(S) and overlays on Highwayll2 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 Il2. 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. -6- i. 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 l\Yo 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. l. 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. m. 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. l5th 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 andlor 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. L 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 llYo and 50olo completed. The Department will also participate in the final inspection of the Project. m. 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 Highwayll2, Section 1 between Highwayll2 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 bc required to be withheld from the City's Motor Fuel Tax allotment. IN WHEREOF, the parties thereto have executed this Agreement ttris I Qh day of 2017 ARKANSAS DEPARTMENT OF TRANSPORTATION FAYETTEVILLE Scott E. Bennett, P.E ordan Director Y^{' Kit City Attorney ARKANSAS DEPARTIVIENT OF TRANSPORTATION NOTICE OF NONDISCRIIlTINATION '[he Arkansas Departmerlt of'Iransportation (Department) complies with all civil rights provisions offederal statutes arrd related authorities that prohibit discrimination in proglarns and activities receiving lbderal iinancial assistancc. Therefbre, the Departmcnt does nol discriminate on thc basis of racc, scx, color, agc, natirrnal origin, religion (not applicable as a protected group under lhe Federal Motor Canier Safety Administration Title Vl Program), disability, Limited English Pro{iciency (LEP), or low-income slatus in the admission, access to and treatmcnt in thc Dcpartment's programs and activitics, as wcll as the Department's hiring or enployment practices. Complaints of alleged discrimination and inquiries regarding tho Deparlment's nondiscrimination polioies may be directed to Joanna P. McFodden Section Head - EEO/DBE(ADA/504/TitleVlCoordinator),P.O.Box226l,t.ittleRock,AR 72203,(501)569-2298,(Voice/TTYTll),orrhefollowing email address: josruj$.$Slli$ldurti&nlulgr)y Free larrguage assistance for Limited English Proficient individuals is available upon request. This notice is available liom the ADA/504ffitle VI Coordinator in large print, on audiotape and in Braillc. -9- Attachment A GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB-RECIPIENTS CONCERNING DI SADVANTAGED BUSINE S S ENTERPzu S ES 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 Paft 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 Paft26, 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".) Arkansas State Highway and Transportation DepartmentCity of Fayetteville / Washington CountyHighway 112December 12,2016Proiect lnformationTotal CostPhaseLen$nlmilcclDescdflionJob NumberCitv FundsTotalMatch$IP.AESTIMATED ADDITIONAL STATE FUNDSAdditional Federal and State funding made available forimprovements if the City agrees to assume ownership andmaintenance of Hwy. 1 12. This amount will either be rncreased ordecreased based on the lowest responsive bid received that isawarded to contract. This amount does not represent a minimumor maximum of funding made available for the project.TotalMatchFederal247,50C640,8824,250,000425,00C5,315,882192,50CConst + CENGUtilitiesConstructioncENG (10%)Const + CENG0.470370,54Maple Street - North StreetRazorback Road - Garland AvenueLeroy Pond Drive - North040582Sub-Total5,755,882Total 1.38640,88'2,359,'11t358,60(3,358,60(128,176471.824358,600958,600512,70e1,887,2942,400,00c958,600 3,358,6002,400,000247,5001,890,88366,4001,957,283192,50049,s00378,17713,280391,45738,500198,0001,512,70653,1201,565,826154,0002,397,283't,917,826479,457Note:responsibility of the City. An increase in cost due to normal change in conditions will be the responsibility of the Department.Attachment B 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 Printed 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: Krm 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 7ayIffle1-1 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 2nd 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 a:rs`6 4% AM'I am 6 2 TYPICAL SECTIONS OF IMPROVEMENT I AON OLID m II'-0" LANE II-0" LANE 12'-0" TURN LANE II'-0" LANE II'-0" LANE io ' CON Ll—( 4" U.T.) SOD = SOLD W LK PROFILE SOD t4" U.T.) OPE _ /_ ADE 0.021/' X%" GR0.02xx C.C.C.& G. TYPE A)(I'-6" ) 0.02'/ 0.02'/' (TYPE A)(I'-6") HWY.XXX-FULL DEPTH C.C.C. & G. LT. & RT. ATTACHMENT B TYPICAL SEC i TUNS UI- iMrKOVEMENT UNIVERSITY 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 040582 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.