Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About2023-11-28 - Agendas - FinalCITY OF FAYETTEVILLE %PF ARKANSAS MEETING AGENDA City Council Transportation Committee Tuesday, November 28, 2023 5:30 pm or Immediately Following the City Council Agenda Session City Hall Room 111 VIDEO CONFERENCING BY ZOOM WILL BE AVAILABLE FOR THIS MEETING. TO REGISTER FOR THE MEETING GO TO THIS REGISTRATION LINK https://us06web.zoom.us/webinar/register/WN odvq-bhOSAexSIUDcVzuWq Members: Sarah Bunch, Holly Hertzberg; Sarah Moore, Bob Stafford City Staff: Chris Brown, Public Works Director/City Engineer; Terry Gulley, Asst. PW Director for Operations/Transportation Services Director Agenda: 1. New Business: A. Stearns Street Connection: Review of a recommendation from the Planning Commission for the extension of Stearns Street. The Planning Commission recommends keeping the Master Street Plan connection. Staff will present Planning Commission findings and recommendations for furthering project development. (Staff requests a recommendation from the Committee on this item.) B. Pavement Maintenance Contract with IMS: Review of a proposed contract with IMS Infrastructure Management Services for pavement inventory and analysis, through a cooperative purchasing agreement with the North Central Texas Council of Governments (Staff requests a recommendation from the Committee on this item.) C. Futrall Drive Railroad Crossing: Review of a resolution approving additional work by the City on the Futrall Drive Railroad Crossing. (Staff requests a recommendation from the Committee on this item.) D. Traffic Calming: Review of South College and Elizabeth Avenue. E. Martin Luther King Jr. Blvd./149 Interchange Design/Safety Review 2. Reports and Presentations: A. Transit Discussion: Presentations by Regional Planning and Transit Providers 3. Informational Items (These Projects are all on City Council Consent Agenda): Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A. Carbon Reduction Program Grant Acceptance B. Drake Street Trail Transportation Alternatives Grant Acceptance 4. Adjourn CITY OF FAYETTEVILLE V10-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Chris Brown, Public Works Director Jessie Masters, Development Review Manager MEETING DATE: September 11, 2023 Updated with results from 9/11/2023 PC Meeting SUBJECT: ADM-2023-0033: Administrative Item (E. STEARNS STREET/CITY OF FAYETTEVILLE, 136): Submitted by CITY STAFF for property NORTH OF VANTAGE OFFICE PARK AND WEST OF BROOKHOLLOW SUBDIVISION. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 0.30 acres. The request is for confirmation of the Master Street Plan connection for Stearns Street. RECOMMENDATION: Staff recommends forwarding ADM-2023-0033 to the Transportation Committee with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward ADM-2023-0033 to the Transportation Committee with a recommendation of approval." BACKGROUND: Stearns Street, between Old Missouri Road and Vantage Drive, has been on the Master Street Plan for many years. The eastern segment, connecting to Old Missouri Road, was constructed in the late 1980's as part of a residential development (Brookhollow Subdivision). The western section, connecting to Vantage Drive, was constructed in 2018 as part of a commercial subdivision (Vantage Office Park), leaving a gap of approximately 260 feet between the two constructed segments. Right-of-way for the unconstructed segment was dedicated in the late 1990's as part of the Bellafont Gardens development. Since that time, the Bellafont Gardens Property Owners' Association has used the right-of-way for maintenance purposes, and has constructed a maintenance shed within the right-of-way. During the development of the commercial subdivision, an assessment for construction of the connection was charged to each individual development in the subdivision; the amount of the assessment was based the traffic generated by the development as a percentage of the street capacity. The total of these assessments is $20,853.43. A summary of the amounts and dates of assessments are as follows: LSD 19-6580 Lot 4 3/25/2019 PC $3,289.92 LSD 19-6720 Lot 1 7/8/2019 PC $2,735.27 LSD 20-7106 Lot 2 5/28/2020 (SC) $6,564.65 LSD 20-7141 Lot 5 7/2/2020 (SC) $0.00 LSD-2023-0003 Lot 3 5/22/2023 (PC) $8,263.59 Total Assessed: $20,853.43 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Paqe 1 of 43 It should be noted that the assessment for Lot 2 was approved as either a street or sidewalk connection; the remaining assessments did not speak to this detail. These funds are time limited and must be spent within 7 years of the date they were collected. Therefore, staff needs to proceed with design and construction of the connection in a timely manner, or the collections will need to be refunded to the lot developers. Proposal: Staff requests a recommendation from the Planning Commission to the Transportation Committee affirming the planned Stearns Street connection on the Master Street Plan. DISCUSSION: Implementation of the Stearns Street connection would include final design to develop construction level plans, and procurement of a construction contractor for construction. Due to the history of discussions about this connection during lot development of Vantage Office Park, staff initiated a public feedback process that included an online survey and a public meeting near the connection site on July 31 of this year. Public Comment summary: Attached is a summary of online survey data collected between July 5 and August 4, 2023, and a summary of the results. In the online survey, participants were asked to vote on support for a full street connection, or a pedestrian/bike only section. The questions were designed to provide an indication of sentiment for these options, as well as for no connection at all. The responses were quite polarized, with most responses being either "highly supportive" or "highly opposed" to the connection. The survey included questions regarding respondents' proximity to and usage of Stearns Street, along with demographic data. As would be expected, those living within a'/z mile of the street were generally supportive than those living further away, indicating concerns regarding traffic impacts to residents along and near the street. The public meeting held on Stearns Street was mostly attended by those opposed to the street (a poll or survey was not taken; rather, the residents who attended were directed to the online survey). Approximately half of the attendees were residents of Bellafont Gardens, the remaining half resided on Stearns or adjacent streets in the Brookhollow Subdivision. It should be noted that Bellafont Gardens streets will not connect to Stearns; therefore, this neighborhood will not be impacted by additional traffic, nor will it have any additional street access. The only impact will be due to the use of the City right-of-way that is currently being used for neighborhood maintenance services. Finally, there was general neighborhood support for sidewalk improvements, and to a lesser extent traffic calming, if the street connection is made. RECOMMENDATION: Staff recommends forwarding ADM-2023-0033 to the Transportation Committee with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: September 11, 2023 O Tabled X) Approved O Denied Motion: Sparkman FORWARDED TO THE TRANSPORTATION Second: Brink COMMITTEE WITH A RECOMMENDATION OF Vote: 8-1-0 (Commissioner Payne voting no) APPROVAL Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Paqe 2 of 43 BUDGET/STAFF IMPACT: None Attachments: • Engineering Memo — Public Feedback Summary • Survey Responses Report • 2040 Master Street Plan Exhibit • One Mile Map • Close-up Map • Current Land Use Map Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Paqe 3 of 43 CITY OF r"IFAYETTEVILLE ARKANSAS TO: Chris Brown, Public Works Director THRU: Matt Mihalevich, Active Transportation Manager Mellissa Boyd, Staff Engineer FROM: Dane Eifling, Mobility Coordinator DATE: 4 August 2023 SUBJECT: Stearns Street Extension Public Feedback Summary RECOMMENDATION: Present public feedback to Transportation Committee. STAFF MEMO BACKGROUND: At the direction of the City Council's Transportation Committee City staff has worked to engage with residents and collect feedback on the proposed connection of East Stearns Street between Old Missouri Road and Vantage Drive. Public outreach has consisted of an online survey, a media release, social media posts, mailers and an in -person neighborhood meeting. The Speak Up Fayetteville survey opened on July 5th and as of August 4th has received 168 responses. Mailers were sent out to approximately 80 addresses of adjacent residents and property owners which included a QR code for the online survey and time/date information for the in -person input session. The in -person inputs session was held the evening of July 31st and was hosted by 3 staff members and was attended by approximately 50 residents and was covered by KNWA news. DISCUSSION: General take-aways from the online survey results: 1. Polarized results with most responses either "highly supportive" or "highly opposed" to the project. 2. Respondents that identified as living within'/2 mile of the project were much less supportive of the street connection and much more supportive of the pedestrian/bike only connection. 3. Respondents identifying as being under the age of 40 were significantly more supportive of all project options compared to respondents identifying as being 40 years old or older. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Paqe 4 of 43 Question #1 "What option describes your level of support for the following:" Option % supportive % opposed Net Support Connection of Stearns Street with standard design including sidewalks and driving lanes 60% 36% +24% Pedestrian ONLY connection, such as 48% 36% +12% Improvements to the sidewalks if/when the street is connected 63% 21% +39% Addition of traffic calming (speed humps, et.) on Stearns if/when street is connected 47% 38% +9% Question # 1 when filtered for those self -identifying as living within '/z mile of the project: Option % supportive % opposed Net Support Connection of Stearns Street with standard design including sidewalks and driving lanes 35% 62% -27% Pedestrian ONLY connection, such as 57% 36% +21 % Improvements to the sidewalks if/when the street is connected 46% 36% +10% Addition of traffic calming (speed humps, et.) on Stearns if/when street is connected 49% 46% +3% Question # 1 when filtered for those self -identifying as under the aqe of 40: Option % supportive % opposed Net Support Connection of Stearns Street with standard design including sidewalks and driving lanes 70% 21 % +49% Pedestrian ONLY connection, such as 52% 22% +30% Improvements to the sidewalks if/when the street is connected 81 % 11 % +70% Addition of traffic calming (speed humps, et.) on Stearns if/when street is connected 54% 32% +19% Question # 1 when filtered for those self -identifying as over the aqe of 40: Option % supportive % opposed Net Support Connection of Stearns Street with standard design including sidewalks and driving lanes 53% 44% +9% Pedestrian ONLY connection, such as 46% 40% +6% Improvements to the sidewalks if/when the street is connected 51% 27% +24% Addition of traffic calming (speed humps, et.) on Stearns if/when street is connected 42% 41 % +1 % Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Paqe 5 of 43 General Noted from the in -person meeting: 1. Residents who attended expressed a general opposition to the street connection 2. Approximately half of those in attendance were residents of the Bellafont Gardens neighborhood and half residents of Stearns and adjoining streets 3. Residents expressed concerns about potential cut -through traffic and speeding 4. Residents expressed desire for a traffic study or projections that would consider new apartment developments on Old Missouri Rd and the new office park on Vantage Dr 5. Residents expresses interest in sidewalk/trail connection for improved pedestrian and bicycle connection. 6. Residents expressed general desire for a final resolution of the issue/question of whether the street will be extended or not. Opposition to the street extension has come primarily from residents or Stearns and adjoining streets as well as residents of Bellafont Gardens neighborhood to the north west of the project. It is important to note that neither the proposed street connection nor trail/sidewalk would connect to Bellafont Gardens streets and would have no impact on existing traffic patterns or access for this neighborhood. However, Bellafont Gardens neighborhood residents have constructed privacy fences and Property Owners Association maintenance shed within city right of way. These structures would be removed if the street were extended. A trail or sidewalk connection could be made without full removal of the existing structures. Attachments: Speak Up Fayetteville survey response summary Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Paqe 6 of 43 Stearns Street Extension - Public Input Survey SURVEY RESPONSE REPORT 08 August 2018 - 03 August 2023 PROJECT NAME: Stearns Street Extension SANG THE TABLE .�, engagementHQ Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Page 1 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 8 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q1 What option describes your level of support for the following statements: Question options Highly unsupportive Somewhat unsupportive Neutral/Not sure Connection of Stearns Somewhat supportive Street with standard 18 de... 116 Highly supportive Pedestrian/bike ONLY connection, such as a si... Improvements to existing sidewalks on 7 19 21 Stearns... Addition of traffic calming (speed humps, etc... 50 100 150 200 Optional question (168 response(s), 0 skipped) Question type: Likert Question Page 2 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 9 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q1 What option describes your level of support for the following statements: Connection of Stearns Street with standard design, including sidewalks and driving lanes. Highly unsupportive : 54 Somewhat unsupportive : 6 Neutral/Not sure : 8 Somewhat supportive : 18 Highly supportive : 82 10 20 30 40 50 60 70 80 90 Page 3 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 10 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Page 4 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 11 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Pedestrian/bike ONLY connection, such as a sidewalk or trail. Highly unsupportive : 46 Somewhat unsupportive : 14 1 Neutral/Not sure : 22 Highly supportive : 54 5 10 15 20 25 30 35 40 45 50 55 60 Page 5 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 12 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Improvements to existing sidewalks on Stearns Street if/when the street is connected. Highly unsupportive : 28 Somewhat unsupportive : 7 Neutral/Not sure : 19 Somewhat supportive : 21 Highly supportive : 84 10 20 30 40 50 60 70 80 90 Page 6 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 13 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Addition of traffic calming (speed humps, etc.) on Stearns Street if/when the street is connected. Highly unsupportive : 49 Somewhat unsupportive : 1 Neutral/Not sure : 22 Somewhat supportive : 24 Highly supportive : 55 10 15 20 25 30 35 40 45 50 55 60 Page 7 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 14 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q2 Do you live within 1/2 mile of Stearns Street? 91 (54.8%) Question options Not sure No 49 Yes Optional question (166 response(s), 2 skipped) Question type: Radio Button Question Page 8 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 15 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q3 How often do you travel along Stearns Street? n (33.2%) " (17.2%) Question options Less than monthly or not at all Monthly Weekly 49 Daily Optional question (168 response(s), 0 skipped) Question type: Radio Button Question • ORM 16 (9.5%) Page 9 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 16 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q4 How have you traveled along Stearns Street? Choose all that apply: 140 133 130 120 110 100 90 80 70 55 60 50 40 30 20 57 5 10 2 1 Question options 21 Other (please describe) 0 N/A Transit or taxi E-Scooter or other mobility device Wheelchair Walk Bicycle 0 Drive Optional question (166 response(s), 2 skipped) Question type: Checkbox Question Page 10 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 17 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q5 What is your gender? &rr� Question options Non -binary Prefer not to say Male 0 Female Optional question (164 response(s), 4 skipped) Question type: Radio Button Question Pagel 1 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 18 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q6 What is your age? 22 (13.2%) 25 (15.0%) Im 4 11 (6.6%) 0 (0.0%) l 25 (15.0%) Question options Under 18 10 70 or greater 60-69 41 50-59 40 40-49 40 30-39 18-29 Optional question (167 response(s), 1 skipped) Question type: Radio Button Question 38 (22.8%) Page 12 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 19 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q7 What is your annual household income? Ito • arM 19 (12.8'i Question options $200,000 or greater $95,000 to $114,999 $11,880 to $24,999 $155,000 to $199,999 $75,000 to $94,999 Less than $11,880 Optional question (149 response(s), 19 skipped) Question type: Radio Button Question 16flaft $135,000 to $154,999 0 $115,000 to $134,999 $55,000 to $74,999 0 $35,000 to $54,999 0 $25,000 to $34,999 Page 13 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 20 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q8 What is your race/ethnicity? Question options Asian or Pacific Islander Other (please specify) Two or more races 0 White Native American or Alaska Native 0 Hispanic or Latino 0 Black or African -American Optional question (157 response(s), 11 skipped) Question type: Radio Button Question Page 14 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Pace 21 of 43 Stearns Street Extension - Public Input Survey : Survey Report for 08 August 2018 to 03 August 2023 Q9 Would you like to be contacted with future updates on this project? 109 (65.7%) Question options No Yes Optional question (166 response(s), 2 skipped) Question type: Radio Button Question beam Page 15 of 31 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Page 22 of 43 t y \ y ' Q >ol b wU) .-M-A i � O cd N - LrED B Me IL . `o .2� rq o z z z00 LU -. w r �Nw wJw L U 0 0 w 1 Ij J U N Z w --j CD 1 0 � w + o CD w t � O ' % ~ M/a - ��'ir ., ., • ,. ', A ` � May � �► 1S SN�b�1S f 0 C-D O � O � M � C � Planning Commission, September 11, 20231 D M-2023-0033(C1TY6F-FAYETTE V I L L E) Paqe 39 of 43 2040 Master Street Plan Exhibit 1 406.1 40/0 4067 4068 4066 4065 4063 4020 4027 4037 4018 4025 4035 4023 4016 4033 4021 4014 4031 4017 4015 4013 7 57 i 4058 j108„ l53 4056 4054 4052 4057 4058 I 4026 1 - - - 4059 4056 / 4035 +160,-\ a 4024 aosl ' ° aosz 4047 ---� 4004 4037 K 4040 - -- G� 4048 m c , 4002 4031 I l 3 1920 NO 4029 Z a032 o I wu a 005 O 4000 - - - - _ - � 2 f-- � __ _ - l Stearns st • • 1715 173311771 1799 1879 ♦ 1757 i iBW ]897 1917 1935 195 E Park Lake Dr � I 1651 v 39II2 1841 1875 1909 4 � �t 2 3968 3950 The Park Apartments 'c 1615 I 1796 1828 1864 1902 Planning Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Paqe 40 of 43 ADM-2023-0033 E. STEARNS ST One Mile View NORTH i O , 0 0.13 0.25 0.5 Miles 1 r m 1 R-A ♦�I 1 mCPZD 1 ZIONIRD m � RAH ti�pN m m o w cs 7,2q_ Subject Property RMF-24 k QI � F �RSF-4 � 1 Z I � ♦ R-O C-1 UN Sp�N gp�� %% RPZD 11-1 `♦Apil zoningM I-2 Ganarnl Industrial RESIDENTIAL SINGLE-FAMILY EXTRACTION i NSG M E-1 RI-U COMMERCIAL RI-12 Rssitlsnlial- . NS-L C-1 ResmanYal-Agrlcunural MC-2 _ RSF-.5 M c-3 _ _ _ _ RSF-1 FORM BASED DISTRICTS — — RSF_2 � Downtown Gore Regional Link Planned Neighborhood Link RS M Urban T.— hhre M Main Svest Center Neighborhood Link Planned Residential Link RSFA �Dmrnlwm Geneal Regional Link- High ActivityShared-Use Paved Tail RSF-1a RESIDENTIAL MULTI -FAMILY Community Sarvi.a Neighborhootl Servkes Freeway/Expressway — — Trail (Proposed) 0 RMF-a RMP-13 M Neighborhootl Conserrenan PLANNED ZONING DISTRICTS Und—ifetl �— Design Overlay District — — — — 1 l r RMF-1a Commercial. Intlustrial. ResitleMial Alley — I�IFayetteville City Limits r r Planning Area r---=r- -_! �RmF_ INSTITUTIONAL Residential Link �� Planning Area Fayetteville City Limits g P-1 INDUSTRIALeavy I-1 HCommardalaM LbIt lnduatdal -- - anninq Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Paqe 41 of 43 ADM-2023-0033 Close Up View HEPHERD L•N— D z D 0 m SM a ,70 STEARNS-ST E. STEARNS ST RMF-24 0 Subject Property W yt9 G'� M :0) C9 O O' C~i 2 -—STEARNS-ST—W� 4 _PARK_ LA _ KE DR 0 -MW Y Q a —PARKSHORE C ,J&_ R-o NORTH Neighborhood Link Unclassified RMF-24 Residential Link Residential -Office ■ ■ Planned Residential Link Feet M C-3 ' Planning Area 0 75 150 300 450 600 P-1 � Fayetteville City Limits 1 :2,400 September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Paqe 42 of 43 ADM-2023-0033 E. STEARNS ST Current Land Use NORTH P ��ANE 05,143C�0,70 / ,eff Multi -Family ResidentialLU _ '^ P ^+ $ z �f, - ' r� Subject Property ,r Multi -Family Residential -_ STEARNS ST ' Multi -Family Residential z •PANEL - •- �,..� �t:� F, �! tt -,��. '�_'-r E t, O'S143CO210F _ •- s _ � T Undeveloped wtg >� — Zone A „� �� ■ i ti 4. D5143CO210FTOP a LIMIT ter,P Neighborhood Link FEMA Flood Hazard Data Unclassified 100-Year Floodplain Residential Link Feet Floodway ■ ■ Planned Residential Link Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits 1:3,600 anninq Commission September 11, 2023 ADM-2023-0033 (CITY OF FAYETTEVILLE) Paqe 43 of 43 CITY OF V FAYETTEVILLE ARKANSAS City of Fayetteville Stearns St. Connection October 9, 2023 BID SCHEDULE ITEM DESCRIPTION QTY. UNIT UNIT COST EXTENDED COST 1 Mobilization (Shall not exceed 5% of Total Bid) 1 LS x $ 13,000.00 = $ 13,000.00 2 Insurance and Bonding 1 LS x $ 3,500.00 = $ 3,500.00 3 Roadway Construction Control (Staking) 1 LS x $ 2,000.00 = $ 2,000.00 4 Act 291, 1993 Trench and Excavation Safety Systems 1 LS x $ 1,200.00 = $ 1,200.00 5 Erosion Control 1 LS x $ 3,500.00 = $ 3,500.00 6 Traffic Control and Maintenance 1 LS x $ 1,500.00 = $ 1,500.00 7 Clearing, Grubbing, & Demolition 1 LS x $ 15,000.00 = $ 15,000.00 8 Unclassified Excavation (Plan Quantity) 500 CY x $ 30.00 = $ 15,000.00 9 Select Embankment (Plan Quanitity) 500 CY x $ 45.00 = $ 22,500.00 10 Embankment (Plan Quanitity) 200 CY x $ 30.00 = $ 6,000.00 11 Subgrade Preparation (Plan Quantity) 700 SY x $ 20.00 = $ 14,000.00 12 4" Topsoil Placement 980 SY x $ 12.00 = $ 11,760.00 13 Undercut and Backfill (as directed) 100 CY x $ 90.00 = $ 9,000.00 14 Aggregate Base Course (Class 7) (Roadway) 244 TON x $ 95.00 = $ 23,180.00 15 Asphalt Concrete Hot Mix Surface Course 90 TON x $ 250.00 = $ 22,500.00 16 Concrete Curb and Gutter (18") 545 LF x $ 40.00 = $ 21,800.00 17 4" Thick Concrete w/ 4" ABC Class 7 (Sidewalks) 322 SY x $ 65.00 = $ 20,930.00 18 6" Thick Concrete w/ 6" ABC Class 7 (Driveways) 64 SY x $ 95.00 = $ 6,080.00 19 18" Reinforced Concrete Storm Sewer Pipe 300 LF x $ 130.00 = $ 39,000.00 20 4'x4' Cast in Place Concrete Drop Inlet 2 EA x $ 4,800.00 = $ 9,600.00 21 Solid Sod (Bermuda) 980 SY x $ 16.00 = $ 15,680.00 22 15% Contingency 1 LS x $ 40,000.00 = $ 40,000.00 Subtotal $ 316,730.00 23 Lighting Conduit 500 LF x $ 30.00 = $ 15,000.00 24 Street Light, Complete with Foundation, Pole, Fixture, Pull Box and Wiring 4 EA x $ 8,000.00 = $ 32,000.00 25 Lighting Service Point Connection 1 LS x $ 5,000.00 = $ 5,000.00 26 Street Tree 18 EA x $ 950.00 = $ 17,100.00 Total $ 385,830.00 Page 1 of 1 I Win TO: THRU: FROM: CITY OF FAYETTEVILLE ARKANSAS Planning Commission Memo Transportation Committee Chris Brown, Public Works Director/City Engineer Melissa Evans, Urban Forester MEETING DATE: October 19, 2023 SUBJECT: Steans Connection Tree Inventory EXISTING TREE INVENTORY/ASSESSMENT: Urban Forestry Staff visited the site on October 9, 2023. Several Post Oak Trees were observed along with a few Cedar, Pignut Hickory, Bradford Pear and Elm trees. There are approximately 25 trees within the right-of-way. The majority of the trees are Post Oak that range in size from 6" — 18" DBH (diameter at breast height, which is a standard industry tree trunk measurement 4' off the ground). The trees are in good condition with the exception of one Post Oak at the southern end of the property that is in poor condition. The Cedar trees are smaller at 4" DBH. IMPACT ON EXISTING TREES FROM THE CONNECTION: Twenty-five (25) +/- of the trees will be removed for construction of the street connection, which is approximately 9,000 sf of tree canopy and typically requires 41 mitigation trees. However, the trees are in the existing right-of-way and subject to removal at any time, therefore mitigation is not required. The City's Landscape Regulations requires new street trees to be placed along streets at 1/30 LF, which is a separate requirement from Tree Preservation and mitigation. Post Oak trees at north side of fence at south part of the current Stearns Street. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ,# tirF" ry -yY R i� � SpeedStatHour-13 Page 1 SpeedStatHour-13 -- English (ENU) Datasets: Site: Attribute: Direction: Survey Duration: Zone: File: Identifier: Algorithm: Data type: Profile: Filter time: Included classes: Speed range: Direction: Separation: Name: Scheme: Units: In profile: MetroCount Traffic Executive Speed Statistics by Hour [Stearns St] ^ East 0 - Unused or unknown. Lane: 1 11:13 Monday, October 9, 2023 => 13:43 Wednesday, October 11, 2023, Stearns St 0 2023-10-11 1343.EC1 (Plus ) DD799A8Z MC56-1-5 [MC55] (c)Microcom 19Oct04 Factory default axle (v4.06) Axle sensors - Paired (Class/Speed/Count) 13:00 Monday, October 9, 2023 => 13:00 Wednesday, October 11, 2023 (2) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 6 - 99 mph. North, East, South, West (bound), P = ??? Headway > 0 sec, Span 0 - 328.084 ft Default Profile Vehicle classification (Scheme F3) Non metric (ft, mi, ft/s, mph, lb, ton) Vehicles = 529 / 565 (93.63%) SpeedStatHour-13 Page 2 SpeedStatHour-13 Site: Description: Filter time: Scheme: Filter: Speed Statistics by Hour Stearns St. at 2027 A 13:00 Monday, October 9, 2023 => 13:00 Wednesday, October 11, 2023 Vehicle classification (Scheme F3) Cls(1 2 3 4 5 6 7 8 9 10 11 12 13 ) Dir(NESW) Sp(6,99) Headway(>0) Span(0 - 328.084) Vehicles = 529 Posted speed limit = 20 mph, Maximum = 60.2 mph, Minimum = 7.2 mph, Mean = 23.1 mph 85% Speed = 30.2 mph, 95% Speed = 36.7 mph, Median = 21.9 mph 12 mph Pace = 15 - 28, Number in Pace = 369 (69.75%) Variance = 51.80, Standard Deviation = 7.20 mph Hour Bins Time I Bin I Min I Max I Mean I Median 1 85% 1 95% 0000 1 0 0.0% 1 0.0 0.0 0.0 1 0.0 0.0 1 0.0 0100 1 1 0.20 1 38.9 38.9 38.9 1 38.7 38.7 1 38.7 0200 1 1 0.20 1 19.8 19.8 19.8 1 19.7 19.7 1 19.7 0300 1 1 0.20 1 14.8 14.8 14.8 1 14.8 14.8 1 14.8 0400 1 2 0.40 1 14.9 21.4 18.2 1 14.8 21.3 1 21.3 0500 1 3 0.60 1 40.7 60.2 48.7 1 45.2 60.2 1 60.2 0600 1 19 3.60 1 10.5 33.8 1 22.6 1 22.4 28.9 1 30.4 0700 1 57 10.80 1 7.2 43.4 1 22.9 1 21.9 1 27.5 1 31.3 0800 1 30 5.70 1 11.2 46.7 1 27.8 1 27.5 1 36.7 1 41.4 0900 1 27 5.10 1 11.6 42.3 1 24.7 1 25.3 1 30.6 1 37.8 1000 1 28 5.30 1 9.6 47.2 1 24.2 1 21.7 1 32.9 1 40.5 1100 1 19 3.60 1 18.4 45.7 1 26.1 1 23.5 1 31.3 1 41.6 1 1200 1 32 6.0o 1 13.4 40.5 1 24.6 1 22.6 1 31.3 1 33.8 1 1300 1 31 5.90 1 11.6 36.1 1 22.6 1 22.4 1 27.5 1 28.4 1 1400 1 31 5.90 1 11.7 40.8 1 25.2 1 23.7 1 32.0 1 35.3 1 1500 1 40 7.60 1 9.9 45.5 1 23.3 1 22.1 1 29.8 1 36.9 1 1600 1 53 10.00 1 8.3 47.1 1 21.5 1 19.9 1 25.7 1 34.7 1 1700 1 55 10.40 1 9.0 37.6 1 21.7 1 20.6 1 26.2 1 31.3 1 1800 1 38 7.20 1 7.8 38.7 1 20.2 1 18.6 1 27.7 1 31.3 1 1900 1 21 4.0o 1 13.2 34.5 1 22.4 1 21.9 1 27.7 1 32.2 1 2000 1 18 3.40 1 8.6 27.0 1 20.2 1 20.8 1 23.3 1 23.9 1 2100 1 11 2.10 1 9.7 I 30.5 1 20.0 1 18.8 1 26.4 1 29.8 1 2200 1 8 1.50 1 13.8 1 25.8 1 18.4 1 17.9 1 21.9 1 25.7 1 2300 1 3 0.60 1 19.0 1 27.9 1 22.1 1 19.2 1 27.7 1 27.7 1 ---- 1 529 100.0% 1 7.2 1 60.2 1 23.1 1 21.9 1 30.2 1 36.7 1 >PSL 37 mph 0 0.0% 1 100.00 0 0.0% 0 0.0% 0 0.0% 3 100.00 0 0.0% 1 1.80 4 13.30 2 7.40 2 7.10 2 10.50 1 3.10 0 0.0% 2 6.50 2 5.0% 2 3.80 1 1.80 1 2.60 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 24 4.5% CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 28, 2023 CITY COUNCIL MEMO 2023-1299 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Chris Brown, Public Works Director DATE: November 15, 2023 SUBJECT: Pavement Management Contract with IMS Through the North Central Texas Council of Governments TXShare Program RECOMMENDATION: Staff recommends approval of a resolution to authorize the Mayor to execute an Interlocal Purchasing Agreement with the North Central Texas Council of Governments (NCTCOG); to utilize the NCTCOG TxShare program for Pavement Analysis and Related Services from IMS Infrastructure Management Services, L.P. through the TxShare Master Services Agreement 2022-063 throughout the term of the contract and any renewal periods; and to approve a budget adjustment in the amount of $175,000. BACKGROUND: In 2018, the City contracted with IMS Infrastructure Management Services to inventory and analyze the City's street system and develop a pavement condition index (PCI) rating for the city's street network. This PCI data was delivered in the form of a spreadsheet and GIS map, and has been used over the last 5 years to implement a data -based pavement management and overlay plan that identifies pavement management strategies to maximize pavement condition and minimize costs. The city's asset management software manages the pavement condition index data, and automatically "ages" the pavement based on industry standard deterioration curves. However, over time, the actual pavement conditions may deviate from the expected condition, and it becomes necessary to re -inventory the pavement system to capture the true PCI and recalibrate the asset management software. DISCUSSION: Staff proposes to contract with IMS again for the services to re -survey the road network, perform structural testing on higher traffic roads, and provide an updated GIS map and PCI data. Deliverables on this contract will include: • Report summarizing the findings of the pavement condition survey • Spreadsheet with inventory, charts, and graphs • GIS geodatabase containing updated pavement information including distress information • Data formatted for inputting into Lucity asset management software IMS proposes to begin work in January and provide the final report in August, 2024. Data collection is planned for February and March 2024. The proposal provided by IMS is in accordance with the terms of the Master Services Agreement #2022-063 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 between the NCTCOG and IMS, dated 5/15/2023, and expiring on November 30, 2028. By joining the TxShare program through a Master Interlocal Agreement with NCTCOG, the City is eligible to procure the services of IMS through this Master Services Agreement and to use the pricing structure established in that contract. Procurement of the services of IMS through this program results in a savings in staff time by streamlining the process of procurement and allows the City to enjoy the benefits of an established pricing structure while retaining the same contractor that provided these services in 2018. This will also reduce staff time on the back end since IMS understands the City's GIS and asset management systems and how to format their data to best meet our needs. BUDGET/STAFF IMPACT: The Master Services Agreement provides a menu of services available on a unit price basis. The services proposed under this contract total $152,404; however, there may be additional work needed as the project progresses (such as for staff training, additional mapping services, additional lane miles beyond the estimated numbers, etc.); therefore, a total project budget of $175,000 is requested. ATTACHMENTS: 2023-1299 SRF NCTCOG Pavement, 2023-1299 BA NCTCOG Pavement, IMS Quote - Fayetteville (#5), Contract with COF details and Signing page (#6), Master Services Agreement -final (#7) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1299 Pavement Management Contract with IMS Through the North Central Texas Council of Governments TXShare Program A RESOLUTION TO APPROVE AN INTERLOCAL PURCHASING AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; TO AUTHORIZE A CONTRACT WITH IMS INFRASTRUCTURE MANAGEMENT SERVICES, L.P. FOR PAVEMENT ANALYSIS AND RELATED SERVICES PURSUANT TO THAT 1NTERLOCAL AGREEMENT THROUGH THE TERM OF THE CONTRACT AND ANY RENEWAL PERIODS, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute an Interlocal Purchasing Agreement with the North Central Texas Council of Governments to allow the City to participate in the TxShare cooperative purchasing program. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute a contract with IMS Infrastructure Management Services, L.P. for pavement analysis and related services pursuant to TxShare Master Services Agreement 2022-063 throughout the term of the contract and any renewal periods. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Chris Brown Submitted By City of Fayetteville Staff Review Form 2023-1299 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/15/2023 Submitted Date Action Recommendation: TRANSPORTATION SERVICES (410) Division / Department Approval of a resolution to: authorize the Mayor to execute an Interlocal Purchasing Agreement with the North Central Texas Council of Governments (NCTCOG); to utilize the NCTCOG TxShare program for Pavement Analysis and Related Services from IMS Infrastructure Management Services, L.P. through the TxShare Master Services Agreement 2022-063 throughout the term of the contract and any renewal periods; and to approve a budget adjustment in the amount of $175,000. 2100.410.4120-5315.00 Account Number Project Number Budgeted Item? Yes Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Remaining Budget Street Fund Fund Project Title $ 85,320.00 $ 79,934.12 $ 5,385.88 $ 152,404.00 $ 175,000.00 27,981.88 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division TRANSPORTATION SERVICES (410) Adjustment Number 2023 /Org2 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a resolution to authorize the Mayor to execute an Interlocal Purchasing Agreement with the North Central Texas Council of Governments (NCTCOG); to utilize the NCTCOG TxShare program for Pavement Analysis and Related Services from IMS Infrastructure Management Services, L.P. through the TxShare Master Services Agreement 2022-063 throughout the term of the contract and any renewal periods; and to approve a budget adjustment in the amount of $175,000. COUNCIL DATE ITEM ID# 12/5/2023 2023-1299 Nolly Black 7717612023 17:05 RIP Budget Division Date TYPE: D - (City Council) JOURNAL #: I GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 175,000 175,000 v.20231113 Increase / (Decrease) Prolect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2100.410.4100-4999.99 - 175,000 RE Use Fund Balance - Current 2100.410.4120-5315.00 175,000 - EX Contract Services C:\Users\jshelton\Desktop\BA (#4) 1 of 1 City of Fayetteville Pavement Management Program Update R Imm an ICC Company Quote for Professional Services Pavement Management Program Update Chris Brown, Public Works Director City of Fayetteville, AR November 2, 2023 IMS Infrastructure Management Services, LP Nick Messick, Central Region Client Services Mgr. 0111-- '� City of Fayetteville I Pavement Management Services ,.� IMS Infrastructure Management Services, LP is pleased to submit a quotation to update the City's pavement management program. IMS is an industry leader with 38 years of pavement and asset management experience. Since our founding in 1985, we have provided similar services to more than 1,000 municipalities across the United States. Collectively, the IMS engineering team brings more than 350 years of pavement and asset management experience to the table. IMS brings significant regional experience and expertise to meet the City's pavement condition assessment, right-of-way asset, and software integration. As we understand, the City of Fayetteville currently maintains approximately 484 centerline miles of roadway. IMS has performed objective pavement data collection for similar agencies such as and many others in Arkansas and the surrounding region. r■ To ensure adequate coverage across the �w network, the Road Surface Tester (RST) will:. survey the arterial, collector and residential Members of the IMS Engineering, Technical and Sales Teams atour roadways in both directions, resulting in a December 2022 in-service meeting week. survey mileage of an IMS estimated 546 miles. The RST is equipped with a Laser Crack Measuring System 2 (LCMS-2) that is the most technologically advanced data collection equipment available in the industry. In addition to our recent experience in the area, it is worth noting that the IMS team has grown significantly since 2018, both in staffing and equipment. In 2021, we appointed a new Principal Engineer and President, Kurt Keifer, PhD, PE. Kurt brings over 20 years of experience to projects, and his background is at the core of the industry, with experience working for the US Army Corps of Engineers and developing the ASTM D6433 protocols. We have added six pavement engineers and nine GIS analysts to our team along with five state-of- the-art Road Surface Testers (RST) equipped with the latest 3D Laser Crack Measurement System (LCMS-2) technology. We have also added Fast Falling Weight Deflectometer (FastFWD) pavement structural testing equipment along with mobile LiDAR technology for asset inventories and ADA sidewalk and ramp compliance surveys. The combination of our larger technical team and fleet of testing equipment provides IMS with greater capacity and redundancy for completing larger projects in a timelier manner. We are confident that IMS will be the ideal partner to ensure that the City achieves its project goals, given our past successful work with the City, our significant regional experience, and our possession of the largest fleet of advanced pavement data collection systems in the United States. IMS Infrastructure Management Services, LP City of Fayetteville S I Pavement Management Services Scope of Work The IMS project approach for pavement condition and asset inventory projects typically follows the seven steps shown in the graphic below. In this section, we detail the specific tasks and milestones that will be required for the successful completion of this project. 1. Project Kickoff 3. Data O Collection O :: 2. GIS 4. Data Processing 5. Data Analysis & Reporting 6.Other Tasks o o= N1_ 6)** IMS assigns seasoned pavement engineers as the project managers for all our projects. We believe it is imperative that the project manager have the requisite technical and domain knowledge — as well as practical project management experience —to lead the team. Our project management process is based on thorough planning, proactive management of schedules, and constant communication. The result of effective project management is higher quality with respect to project deliverables and satisfied stakeholders. Kickoff Meeting IMS has standardized a project approach based upon our 38 years of pavement management experience and the subsequent lessons learned after performing hundreds of projects. Detailed conversations with our clients allow us to tailor a solution to the specific needs of an individual municipality. A prerequisite for a successful project is an initial project meeting with the City team members and the IMS team. This early communication is critical to ensuring that we are fully aligned with the City's overall vision for this project as well as the specific data needs for the City. Through this project initiation process, we will prepare the project plan for overall implementation. The plan includes: • Contacts and stakeholders • Measurable tasks and milestones • Project approach and specific data collection methods • Allocation of resources, including personnel and equipment • Deliverables and schedule • Performance and schedule risks IMS Infrastructure Management Services, LP City of Fayetteville S I Pavement Management Services We will ensure that the plan remains current with any further data needs. Our Project Initiation Form and GIS Setup Form are part of our process, where the outcome will include a final project plan and an approved schedule in collaboration with the City's staff and stakeholders. This plan is established before any data collection begins. Project requirements are incorporated in the two project success documents. The project success documents ensure transparency and act as a reference point to ensure all stakeholders are accounted for and involved. GIS Survey Mapping Our data collection plan relies on a complete and up to date GIS street centerline. Shortly after the kick- off, our Esri GIS experts will review and update the City's street centerline data to ensure there is an accurate inventory of streets to be surveyed. City review of the centerline data is a critical path activity to ensure timely and accurate data collection. Once the inventory is confirmed by the City, the IMS team will prepare the GIS maps that guide field data collection. IMS will produce survey maps to clearly indicate where our equipment will travel to collect data. While we would expect the City's GIS environment to be highly accurate, we find it valuable to ensure that we are aware of exactly which roads are included in the project and that we discuss how to proceed with roads, such as private roads that should not be collected. Any questions regarding the roadway network will be resolved prior to data collection. IMS will also confirm the linkage of the road segmentation to the City database and GIS, using the customer defined existing road segments. IMS Infrastructure Management Services, LP 3 City of Fayetteville Pavement Management Services Pavement Condition Survey IMS an ICC Company Our two -person field crews will collect both outward facing and downward facing pavement imagery, using one of our RSTs equipped with LCMS-2 3D pavement imaging technology. Pavement surface distresses including linear cracking, fatigue cracking, block cracking, rutting, raveling, bleeding, edge distress, and patched areas as well as right-of-way imagery will be collected on a segment -by -segment basis, with each distress being captured by type, extent, and severity. The data and imagery that is collected is then linked to the City's existing GIS data. The LCMS-2 system is the highest resolution 3D pavement scanning technology available. Each LCMS-2 system relies on two downward -facing, high -resolution 3D cameras. Combined, the two 3D cameras capture continuous downward imagery for more than a standard lane width. The cameras are coupled with downward -facing lasers that provide constant and consistent illumination of the pavement surface regardless of ambient lighting conditions. The impacts of shadows from trees, buildings, or simply overcast sky conditions are eliminated by the laser illumination. �i IMS Road Surface Tester (RST) equipped with Laser Crack Measurement System (LCMS-2) (Note: IMS has five RST LCMS-2 equipped systems dedicated to municipal pavement management.) Rutting continuous full- bne-width rutting measurements ft ughncszinuous right left wheel path roughness M..,] The 3D cameras can detect one -millimeter -wide cracks and full -lane -width rutting, as required by ASTM D6433, on the pavement surface at speeds up to 65 mph. Due to the versatility of the LCMS-2 technology, the automated pavement condition survey will be performed at near posted speeds, and traffic control will not be necessary for the data collection effort. Pavement data collection and imagery surveys are expected to progress at a rate of between 35 and 50 miles per day for the City. IMS Infrastructure Management Services, LP 4 City of Fayetteville Pavement Management Services IMS an ICC Company The IMS team then processes the collected data using a combination of advanced analytical tools and rigorous, manual QC/QA performed by IMS' certified Pavement Condition Index (PCI) raters to determine accurate and repeatable PCI values for each roadway segment. Furthermore, we deliver our PCI ratings and supporting data (distress information, rutting, and IRI values) in both spreadsheet and GIS formats for easy review. The data that we provide may be used immediately for decision making or be imported into any pavement management system. During data collection, IMS implements routines that are performed each day of data collection to ensure data consistency. These include: • Equipment is calibrated, and daily reports are completed. • All sensors are continually monitored to ensure they are receiving data within specification. • Each street is noted on the inventory and map, as well as through GPS and assignment of the RST van number. • Production is tracked and records of coverage are documented. • A corrective action plan is followed, as necessary. • All data is backed up and sent to the IMS main office for processing. ASTM D6433 Pavement Condition Evaluation During and following the data collection effort, our team will evaluate all collected pavement imagery and surface measurements to arrive at Pavement Condition Index (PCI) values. This is a six -step process that includes the following tasks: 1. RoadlnspectTM Pavement Distress Detection — Cracks, rutting, and other pavement distresses are automatically detected in both the 2D and 3D pavement images. IRI values are also calculated at this time. (Note: The RoadlnspectTm software was developed by Pavemetrics, the firm that manufactures the LCMS-2 technology.) LCMS-2 cracking data in QC/QA review stage. 2. IMS Pavement Distress Classification — Pavement distresses detected by the RoadinspeCtTM software are then classified by type (e.g., alligator cracking, bleeding, edge cracking, etc.) and severity (e.g., low, medium, or high) based on predefined criteria (e.g., ASTM D6433). IMS has created a suite of custom tools that include rule -based algorithms in conjunction with artificial intelligence to accurately classify pavement distresses 3. IMS PCI Calculation — Pavement distress data is imported into IMS' PCI calculation software, and PCI values are determined for each roadway segment using a scale from zero (0) to one hundred (100) as defined in ASTM D6433. 4. IMS Quality Control (QC) —The IMS project manager then does a review of the data and works with the QC team lead to address any issues that may be identified. 5. IMS Quality Assurance (QA) — The IMS project QA Manager independently reviews the rated data and works with our Project Manager and QC team to correct any issues observed. 6. Client QA—The IMS Project Manager reviews the findings of the pavement condition data with City staff before beginning any analysis activities. IMS will present the pavement condition data in a Client Review Spreadsheet (CRS) along with maps illustrating pavement conditions for the client to independently review. IMS Infrastructure Management Services, LP City of Fayetteville Pavement Management Services Rutting and Roughness IMS an ICC Company IMS' LCMS-2 systems detect rutting on asphalt roadways using laser measurements of transverse profiles that are collected continuously as the vans drive at normal traffic speed. With more than 4,000 measurement points collected per transverse profile and sub -millimeter vertical accuracy, the LCMS-2 can define transverse profiles with a high level of precision, accuracy, and repeatability. Once all the transverse profiles are collected for a 415000 roadway, IMS uses the Brazilian Method, which is an industry standard method, to determine the rut area and the deepest (or maximum) rut depth for the 414000 profiles. These values, as well as width of rut and color coding, can be seen in the LCMS-2 laser image to the right. Orange represents high severity rutting, 413000 while yellow represents moderate severity rutting. The severities are determined based on maximum rut depth thresholds that are specified in ASTM D6433. aiz000 Pavement roughness is evaluated by measuring the accumulated difference in the vertical displacement of a road surface, independent of chassis response, over a prescribed road length (longitudinal profile). This roughness is typically reported via the International Roughness Index (IRI). IRI data is calculated in real time from continuous longitudinal profile data collected by the LCMS-2's 3D profile 411000 410000 0 500 1000 1500 2000 2500 3000 3500 4000 Rut area and severity levels shown on the LCMS-2 composite image. device. To determine the road profile, data is simultaneously obtained from three devices: a pulse transducer -based distance -measuring instrument (DMI), high-speed 3D laser sensors operating at 112 MHz, and an accelerometer in compliance with ASTM E 950. The LCMS-2 unit conforms to a Class I profiling device, and it can also "pause" over non - valid roadway sections such as localized maintenance activities, railroad crossings, speed bumps, and brick inlays and not affect the IRI value. IMS Infrastructure Management Services, LP 6 City of Fayetteville S I Pavement Management Services Deflection Testing Subsurface distress investigations are a valuable tool to assess the subgrade condition of a roadway. As a part of a sound pavement management program, IMS will integrate the Structural Index (SI) as a component of each roadways final PCI score. To assess the subgrade strength of a roadway, a Fast Falling Weight Deflectometer (Fast FWD) will be mobilized to the City. Deflection testing is performed using a Fast FWD, in accordance with ASTM standards. The IMS team can conduct a structural assessment of all designated roadways as completed as a part of the 2018 project. Deflection testing is completed at least once in each direction in every street segment (every 300 - 500 feet) along the outside lanes of the roadway. A series of geophones records deflection readings for each section of pavement tested. These readings are used to determine the pavement strength, load transfer capabilities, and identify properties of the base and sub -grade. I ' -� ...1 0 Fast Falling Weight Deflectometer (FostFWD) Upon completion of the deflection survey a structural analysis is performed. Fast FWD's apply a known load to the pavement and measure the pavement response to the load. The structural adequacy of a street is expressed as a 0 to 100 score with several key ranges: roadways with a Structural Index greater than 75 are generally deemed to be structurally adequate for the loading and may be treated with lightweight surface treatments or thin overlays; those between 50 and 75 typically reflect streets that require additional pavement thickness; and scores below 50 typically require reconstruction and increased base and pavement thickness. i The adjacent graph presents a sample structural adequacy plot of a recent client's roadway network against its average pavement condition. Fen,Ar Additional S —'s ' l • ^ i. 60 �so The diagonal blue line separates 00 S,rvclu,Ny NadeOuete roadways that are performing 30 above expectations (above the - 20 line), from those that are not, (below the line). The number of 10 roadways falling below the diagonal 0 0 30 20 30 40 50 60 70 00 90 line indicates this client has a re•.n.m c_dOromd.. relatively high percentage of roadways that are structurally inadequate for their design load. This is often the result of insufficient base and structural materials during the original construction, or the application of overlays that were too thin during the lifetime of the roadway. RRiI IMS Infrastructure Management Services, LP 7 City of Fayetteville Pavement Management Services Quality Control and Quality Assurance IMS an ICC Company IMS has developed a unique approach to pavement condition assessments by coupling manual review of distress data with automated algorithms. This more rigorous QC/QA process ensures that the automated distress detection and classification algorithms that we use work correctly. Our Pavement Engineering team fully understands the capabilities and limitations of the state-of-the-art LCMS-2 technologies and sophisticated algorithms that we employ, and our QC/QA steps are extremely important in ensuring the success of the project. The IMS QC/QA process is comprehensive and makes use of field observations, automated data processing tools, manual data review by our QC team, independent review by our QA manager, and lastly, final review by the City. There are QC/QA checks at each stage of the project to ensure data quality before the data is moved into the next steps. Machine learning and artificial intelligence have sped up distress identification significantly. And when supplemented with trained pavement raters, field staff, and expert engineers, they establish high data confidence and integrity. The final quality assurance performed by City personnel will ensure that the City has confidence in and takes ownership of the condition data. New QA Tool! IMS QC/QA interface for manually reviewing automated distress detection and classification results. The image above depicts the new QA tool developed by the IMS engineering team to assist our quality Step 1 Step 2 11wNN blr IMi /K LMd paeaneM dlsvesses: Excessive distress quantities andfcr severities; rare distresses ravernem secooes Surface types; wfdthfterVii Chip sealed roeds, styled cracks. and others Pa velues: Value equal to 100 or 0; Charsae in KI more than +10 poirvW VW Step 3 Revlevr by IMS rsoject Enonew Random 10% Accept it within +l0% Internof deiiverobfe. Documentarian of any unusuol issues for discussion wrath the CMent. Step 4 ` IIMS qA tslanaipr QA by Cheat Staff **view participation Random S% Ownership Accept if within +10% Satisfaction &Qts, IMS 4A Manager Nate: Th,s is performed is not ditectl y involved prior to &nning and in any other aspects of onalysm the pro!ect lndependent internal revi W IMS' rigorous, multi -step approach to QC/QA of pavement condition data to ensure ASTM D6433 compliant data. control team review the LCMS-2 automated data and field imagery to ensure a representative product. The flow chart below illustrates the 4-step process that has been improved and recently streamlined. IMS Infrastructure Management Services, LP 8 City of Fayetteville S I Pavement Management Services Analysis for the 2023 Project Once the QC/QA process has been completed, our project team will deliver a Client Review Spreadsheet (CRS). This spreadsheet includes the pavement inventory, life -cycle cost estimates, and the familiar graphs and charts to understand the health of the network. This information will provide quality data, based on sound engineering principles, and realistic budgets for the City staff to utilize in their project selections and internal analyses. Once the City reviews the PCI data, the Project Manager will set up a meeting with City staff to discuss the analysis requirements and identify additional budget scenarios to prepare. At a minimum, the following pavement management scenarios have been recommended, based on the simplified approach to this project: • Annual funding required to maintain existing pavement conditions. • Funding required to maintain an average PCI of 65 over the next 5 years. • Funding allocation for asphalt overlay and/or surface treatments to maintain an average PCI of 70 over the next 5 years. • PCI for the network if current funding levels remain the same for the next 5 years. • Recommended pavement strategies for the various budget scenarios investigated. We look forward to collaborating with the City staff to ensure that the pavement management program addresses the needs and priorities of the stakeholders involved. If the City is currently utilizing the Lucity software, our staff can format the GIS deliverable for load to the software. As with the previous project, we plan to run budget scenarios and develop paving projects with our streamlined approach utilizing the city's long-standing solution: the Lucity pavement management module. City of Fayetteville, AR Five Year Post Rehab PCI Versus Annual Budget i 30 ---------------------------------- 1 _0 r 0 1 0 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - _ u S � 1 n 1 I a s I I o I 1 1 I Z 1 1 D -0 ---- — --- Er KI - IC A u 1 1A 1a,(a MOwMov FI IKI- A VWq•J•-A.wa�u�•. i6YCq•b 1 — 0e...-6,49,yw A dKI-X YAM•H. A.rn 19,41.I-S1764*f* ,x —V-*V1 .KI A-1K)-HOaMq- 1% A...M'Yf�1•S»70VM KI- 1] 16 I"-1••A—, ".I-S11N.M 1 I �K.<—ld 0..+w K.-7C 16Wq-1%A—,24,-SA%&tY. i I _ — —.6.40I KI-MI 4Mq-i•. M....nM.M.•. if L`yV. I I 1 1 ! ! 000 2000 3000 a 0CID S 070 Annual Budget Each Year for Five Years ISL000/Yr) 6 000 IMS Infrastructure Management Services, LP 9 City of Fayetteville Pavement Management Services Lucity Integration Expertise & Load IMS an ICC Company IMS has implemented the Lucity software solution for over 100 agencies, and the enterprise software provider has over 250 active agencies utilizing their product. IMS configures the Lucitypavement management module to seamlessly integrate with GIS using a one-to-one relationshipand engineers the application to support the user in generating fiscally sound management decisions through cost benefit analysis that can include structural characteristics of the street. The Lucity software is a powerful enterprise application that was developed to assist public works and transportation departments in managing their daily workflows. While their traditional licensing structure was a "Pay Per Module/User" approach, they have recently moved to a "Named Product" license structure. This means that each agency simply pays for each user of the "Asset Product" and gains access to all modules within that suite. The "Asset Product" includes streets &roads, rights of way, bridges, signs, signals, streetlights, traffic analysis, pavement analysis, storm, parks, and many more as depicted in the adjacent product chart. This gives the City access tofar more modules and the only constraint is then the number of concurrent licenses purchased. There are a few key enhancements to the Lucity software that should be reviewed to determineif the software can be configured to meet the needs of City Staff and Management. A few of these enhancements are as follows: +ow-4.— 6r nNl +naW(Y�M) + W, +Opn Nbtdaf-So..nlbl +cmwuwan ao.s 3nw.lnl h� Current PC! ValuOS U24. • Tightly coupled GIS integration with an option for a2-way data management feed. • Web and mobile technologies leveraging standard tablets and mobile devices (Android and iOS). • Pavement analysis techniques that can be prioritizedaccordingtoCityspecificpriorities and optimized using "cost of deferment" techniques. The result is a defensible five-year rehabilitation plan. • Can consume custom prediction models based on traffic, pavement type, structural condition, drainage features, environmental conditions, and many other potential options. • Established and proven process for updating and restoring the SQL Server Lucity .bak file aftereach data collection cycle. • Access to "Lucity Listens" which is an online forum where users can discuss the software, pose questions, and receive follow-up from Lucity professionals. Lucity even uses this site to assessthe most popular requests for software updates each year. • New web product with custom dashboard setup for each individual user. The web product replaces the older desktop version and is available for conversion so long as the City's annual support and maintenance is current. IMS Infrastructure Management Services, LP 10 City of Fayetteville S I Pavement Management Services Capacity to Perform Work IMS employs 49 full-time staff, including 8 pavement engineers — five of whom hold PhD degrees in pavement engineering, 10 GIS analysts and technicians, nine independently, OCTA certified ASTM D6433 pavement raters, and 15 trained and experienced field technicians. Together, we complete over 100 pavement and asset management projects annually. We stand second to none in our ability to establish cost-effective pavement management programs for large and small agencies alike, and our team has earned a reputation for excellence over the course of thousands of projects for municipal clients across the United States. Our multi -disciplinary team, led by pavement engineers, has the experience and expertise to assist our clients with full -service pavement and asset management services, software needs assessments, and custom implementations. Key personnel identified for the project will be assigned to the City for the duration of the project. Our team is accustomed to working on multiple projects at a time, and we adjust resources on a routine basis to ensure that we have the staff and equipment required to meet project milestones. Proposed Project Schedule This is a representation of our proposed schedule for the 2023 City of Fayetteville project, which reflects our improved project workflow. Proposed Schedule Assumes a NTP is issued January 2024 — Data Collection is Weather Dependent Task Description Estimated Milestone 1 Executed Agreement/NTP January 2024 2 GIS Acquisition and Validation January 2024 3 Kick-off with Review Map Iterations and Approval January -February 2023 4 RST LCMS-2 Pavement Surveys (NTE 105 Test -Miles) February -March 2024 5 QC/QA for Data Collected May 2024 6 Deliver Pavement Condition Data/Client Review Spreadsheet May -June 2024 7 Draft 5-Year Analyses & Iterations June -July 2024 8 Final Analyses, Reporting, and GIS Mapping July -August 2024 9 Opt. Lucity Training, Council Support August 2024(flexible) IMS Infrastructure Management Services, LP 11 City of Fayetteville S I Pavement Management Services Optional: Esri Story Map IMS is an Esri Authorized Business Partner and an early adopter of Esri technologies. The partnership between IMS and Esri makes unparalleled industry and subject matter expertise available to our clients. Our team of GIS experts are focused on building easy -to -use and easy -to -maintain web -based, geocentric story maps and dashboards to serve not only our clients, but also their constituents. These tools provide a dynamic way to present complicated information visually. Many agencies are already using Esri software and ArcGIS Online, and we look for ways to leverage that existing licensing, Entire Network 1010Centedine subscriptions, and infrastructure to elevate the data we are delivering. r ._ We have built story maps for clients to help explain to citizens how a pavement survey works, how the analysis is performed, and how the maintenance and rehabilitation -- budgets are distributed to maximize the use of scarce funding. In addition to the story maps, we have also deployed agency -focused dashboards to enable managers to IMS interactive Esri GIS story map: City of Long Beach, Ca easily review the planned work, existing and forecasted conditions, and funding impacts on a map. Project Highlight: Long Beach, CA Link to live story map: https://bit.ly/3NQGlAT IMS is working with the City of Long Beach, CA to web -enable their pavement management plan to engage citizens in the pavement management process. To facilitate this activity, IMS has authored and deployed an Esri Story Map that shares complex engineering information in an easy to understand public -facing framework. A second, password protected configuration as a dashboard exists that allows City engineers to access additional information and data. Deliverables The following products can be delivered to the City: • Report summarizing the findings of the pavement condition survey • Client Review Spreadsheet (CRS) with inventory, charts, and graphs • Esri geodatabase containing updated pavement information including distress information • Format of Data for Lucity Load IMS Infrastructure Management Services, LP 12 City of Fayetteville Pavement Management Services ' g Technology Value Added Photo Right of Way Imagery collected during the RST survey - ,•..• ••• • •• ••- Asset can be used to build ROW asset • ,� �r Collection inventories and condition assessments \\\\ - 1r for signs, signposts, curb and gutter, _ , N. sidewalks, ramps, striping, and many - other assets. A subconsultant will be added to the team if this service is selected. Bannered HD ROW imagery collected at the same 11so..... F;•9 •, Imagery time as the pavement surveys is processed and cut into 20-foot intervals, then formatted and bannered with relevant header data and the City's branding. Images are linked to the City's GIS centerline and provided as a geodatabase with image hyperlinks. Mobile UDAR Deployed to supplement right-of-way for Sidewalk inventory surveys by creating a three - Ramp dimensional point cloud from which Assessments measurements can be extracted. The integrated Ladybug 5+ camera captures high -resolution spherical imagery at a defined intervals. ,0`�� The detailed budget presented on the next page is based on the IMS work plan and deliverables. It represents a realistic budget to complete the work, and we are confident we can maintain an on -time, on -budget assignment. Here are the fees utilizing the current NCTCOG rates for IMS: Test -Mileage Calculation: IMS is proposing to survey all City -maintained major roads in both directions and all locals in one direction to ensure a sufficient representative sample. The total was based off current City -maintained mileage information supplied by the City. IMS Infrastructure Management Services, LP 13 City of Fayetteville Pavement Management Services Imm an ICC Company Service Category #1: Pavement Data Collection Provide Price Per Tiered Group A e c=Axa Unit Unit Base Cost Unit Colt($)201-700 Total Units Agreed Upon Total Agreed Upon Cost Activity# Activity Description 151 Lane Miles cost($)/Unit ($) Automatically and continuously measure pavement cracking, tWure, rutting and geometrics. Equipment used for rut 1 measurement shall be capable of measuring both wheel track ruts simultaneously. Lane Mile' stts.00 546 st-00 $62,790.00 Coiled avement surface distress and structural condition information through automated means for all Participant -owned condition roadways. Lane Mile' $1.00 546 $1.00 $546.00 Provide a customized digital condition rating system to collect user defined severity/extent based pavement distresses and 3 pertinent roadway attributes to accom modate a standardized a pproach to col letting data LumpSum 52500.00 1 $2,500.00 $2,500.00 4 Collect dual -wheel path roughness data to International Roughness Index standards. Lane Mile' Map 546 $1.00 $546.00 Collect pavement performance information that includes rutting using a minimum of seven (7) sensors (include pricing for nine 5 (9)se well),fatigue cracking, transverse cracking using a minimum of four(4)sensors, and longitudinal cracking. mile Mile' 1.00 s46 $1.00 $546.00 6 Perform friction testing tane Mile' (OR:seebelow) 160.00 0 7 Measure lane striping reflectivity quality Lane Mile' S0.00 0 Service Category #2: Asset Inventory Provide Price Per Tiered Group A 8 c 113 Unit Unit Base Cost Unit Cost (1)201-]00 Total Units Agreed Upon Total Agreed Upon Cost Activity# Activi Descri tion 151 Lane Mies Cosh$)/unit (S) Collect sidewalk data to include location, length, width, location in relation to curb and if greenspaces exist between curb and 8 sidewalk, and sidewalk condition to create sha h files for1ncor oration into the Pa roci is G15s stem, ifa licable Pe l.s PI P Pan Y pP Lane Mile' 27.60 0 Collect sidewalk Barrier Free Ramp data to include location, configuration, presence of truncated domes or other detectable 9 ning feature, and condition and create shape(.shp) files for incorporation into the Participant's GIS system, if applicable mile mile 2s.6o p Collet[ roadway sign data to include type and location and create shape(.shp) files for incorporation into the Participant's GIS 10 system, if applicable. Lane Mile l 0.80 0 Collet[ photos of Barrier Free Ramps, sidewalks, curb condition, drive approach, and/or roadway signs inventoried under items 11 8, 9, and 10 above. Lane Mile 1.00 0 12 Collect location of curb and gutter and create shape (.shp) files for incorporation i nto the Participant's GIS system, if applicable. Linear Feet $1.00 0 Collect location and type of visible in -pavement features such as valves, manhole covers, etc. and create shape (.ship) files for 13 corporation into the Participant's GIS system, if applicable. Lane Mile) $27.20 0 14 Col lea locations of trees, including height a nd spread Lane Milel 51.00 0 15 Col lea bike lane locations, including width,length, and associated signal and striping. Linear Feet 1.00 0 36 UtLILze Ground Penetrating Radar for relocating utilities (for maintenance plans). Linear Feet (see below) 0 17 Collect data on location and surface condition of bridge approaches Each 3.90 0 18 Collect information on bridge deck condition Each 3.90 0 19 Perform Parking Lot Pavement Condition Assessment (Thru-Travel Lanes) w/ Inventory, Attribute, & Geodatabase Development Square Yard (seebelow) 0 0 (al beloyfight of Way Assets Database Development (GPS & Camera Configuration): Service Category #3: Pavement Management Analysis Provide Price Per Tiered Group A B C=Ana unit Unit Base Cost Unit Cost($)201-700 Tdal Units Agreed Upon Total Agreed Upon Cost Activity Description 151 mile Miles Cost -($)/Unit (S) e International Roughness Index (IRI)for each road segment in accordance with ASTM E1926. Provide results with the Participant's GIS database, if applicable. 7.Itnfc. Lane Mile' 1.00 546 $1.00 $546.00 Pavement Condition Index (PCI) score for each road segment using an approved pavement management system andmile ce with ASTM D6433 or ASTM E3303. Provide results compatible with the Participant's GIS database, if applicable. Miles I5.00 546 $Is.o0 $8,190.00 from Participant's staff, devise a weighing system taking into account PCI, IRI, average daily traffic for thoroughfares (traffic count raw data provided by Participant), public safety emergency routes, and apply this 0-100 numeric index to the 23 roadway information collected for the entire jurisdiction. Provide results compatible with the Participant's GIS database, if mile Mile' 2000.00 1.00 5a6 $1.00 $2,546.00 applicable. Cost Includes base cost plus lane mile unit cost. Estimate the annual budget required to meet the long-term goals regarding desired pavement condition levels. Cost includes 24 base cost plus lane mile unit cost. Each Participant 4500.00 $1.00 546 $1.00 $5,046.00 Create a five year and ten year pavement rehabilitation plan with input from Participant's staff. Cost includes base cost plus 25 lane mile unit cost. Each Participant 300000 $1.00 546 $1.00 $3,546.00 Recommend the computer hardware and software needed for successful implementation, potentially includi ng 26 recommendations for licenses of pavement management system software and other geodatabase software as needed. Each Partici Pant 1500.00 0 Train Participant staff and provide assistance to the Public Works and IT Department as needed for the use of data collected 27 through the fully automated system. (20 person maximum per class) Day 3500.00 0 Service Category 04: Electronic Products Provide Price Per Tiered Group A 8 C=AxB Unb Base Cost Unit Cost"1201-700 Agreed Upon Total Agreed Upon Cost Unit I51 mile Miles Total Units Cost($)/unit (S) Activity# Activity Description 28 Data QA/QC, Processing, & Formatting(Fully Automated+Field Observations, + Man ual CIA/QC) Lane Mile' $25.00 546 $25.00 $13,650.00 Roadway information that shall be collected and provided to the Participant at a minimum includes items a. through L in Exhibit 29 B Lane Mile' $3.00 1 $0.00 $0.00 Collect digital images at 25-foot intervals of the road surface condition and link to a geodatabase(minimum forward facing 30 imagery). nine Mile Sid.00 1 $0.00 $0.00 Load assessment data for all Participant -maintained pavements into a pavement management system required by local 31 government Participant(s), if applicable.(Example: MicmPaver). The assessment data shall include visual observations, Each Participant S3.500.00 S4.00 546 $4.00 $%684.00 photographs and measurements collected by instrumentation. Cost includes base cost plus lane mile unit cost Implement map module so that pavement condition and other data can be integrated, displayed, and accessed through the 32 map interface in a format consistent with the Participant's horizontal and vertical control network system, if applicable. Cost Each Participant $7,000.00 5.00 0 includes base cost plus lane mile unit cost. Provide to the Participant the pavement condition data in a pavement management system database approved by Participant. 33 Coordinate with the Participant's IT department to Provide pavement [ondi[ion data in a forma[ compatible with the Each Participant 1-00 8.00 546 58.00 $4,368.00 Partici ant's Environmental 5 stems Research Institute ESRI GIS database, if a licable. Cost includes base cost lus lane mile 34 Provideasset m,n,gementt,,I,o,,y,t,,,(not iustcollection)(i.e., 15-year plan about howtofixor repairassets).Cost Each Participant 2500.00 0.00 0 IMS Infrastructure Management Services, LP 14 City of Fayetteville Pavement Management Services IMAM an ICC Company Service Category #7: Value Added Services A 6 C=A8e Provide Price Per Tiered Group Unk ease cost Unk cost($) M-7lao Agreed upon Total Agreed upon Cost Activity# Activity Description unit 151 lane Mites Tmal units Cost($)/unit ($) Full Written Final Report- Firm shall prepare and submit a written project report summarizing the work performed, dates of 35 collection, methodology, and results. Each Participant 3 500.00 1 $3,500.00 $3,Se0.00 36 Provide Consultancy services to develop linework n GIS for missing sidewalks n order to quantify a nd identify on a map $175.00 0 37 Collect and analyze pavement structural condition w/ falling weight deflectometer(F-FWD) in accordance with industry Lane We $S,—.eo $—oo 24D $160.00 $38,400.00 Inform Solution for Making the Collected Image Data Available to Clients. Cost includes base cost plus lane mile unitcost. a.<aoo a.$ z,000.00 b. aoo- goo b.$4,000.00 c. g01-1,200 c$ 6,000.00 38 d. 1'201-2,a00 Lane Mile d.$8,o00.00 $1.20 e e. 2,401-4,800 e.$10,000.00 f. 4,801-9,600 f. $14,000.00 g., Z600 g. $2e,000.09 IMS TOTAL $152,404.00 Project Contingency Services C-39 IT,in Participant staff and provide assistance to the Public Works and IT Department as needed far the use of data collected Day $3,500.00 1 1 3 1 $7,500.00 $0.00 C-40 Council Presentation Virtual Preparation Support Lump Sum 2500..0 1 $2,500.00 $0.OD Project Presentation- Firm shall prepare and present a written project report summarizing the work performed, dates of C-41 collection, methodology, and results to the Participant's legislative body. Each Participant 3 500.00 1 $3,5oo.ee $_ Lane mile is to be defined as a mile traveled as 1. A single pass on alleyways 2. A centered single pass on residential streets 3. Includes the outside lane in each direction for collectors and arterials (2 total). ** The awarded Contractor(s) shall provide all necessary field inspectors, vehicles, tools, equipment, traffic control and other services required to perform this work. No engineering services are available under this contact. Any activities that Participant and/or Contractor deem to require the service(s) of an engineer must be procured separately and are the sole responsibility of that party." Assumptions 1. Test miles are calculated based on the number of centerline miles and whether they will require one pass collection, or two pass collection based the number of lanes. We have assumed 2-pass collection for all arterial, collector, and one pass for local roadways. 2. Prior to kickoff meeting, agency will provide IMS with: Primary POC, secondary POC and other stakeholder contact information. Preliminary centerline GIS (i.e., geodatabase). 3. Data collection relies heavily on up to date and topologically sound GIS centerline information. 4. Pavement data collection is dependent on the agency's approval of the GIS maps representing the street inventory to be surveyed. 5. Pavement data collection is weather dependent and assumes one mobilization to the area. Data cannot be collected if the pavement is wet or if the temperatures are below 32 F or above 95 F. 6. Agency will actively participate in submission review and provide comments within a period of time that the agency and IMS will agree to during the kickoff meeting. The current proposed schedule assumes a two -week review period for draft deliverable submissions. IMS Infrastructure Management Services, LP 15 City of Fayetteville Pavement Management Services Additional Value -Added Services IMS an ICC Company On the following page, the table presents additional services that the IMS Team can provide for this project. We have performed these services for agencies across the United States to assist them in better managing their pavement, sidewalk, and asset inventories. Service Category #7: Value Added Services Full 5tand-Alone Pedestrian Network (Sidewalks, Obstructions, Ramps) Condition Assessment Using 5idewalk Surface Tester & Lane Mile' $42,500.00 $450.00 0 43 Barrier -Free Curb Ramp Survey Using Li DAR. Deliverables Include Ramp Measurements in Tabular & GI5 Formats. Cost includes lane Mile $32,500.00 $100.00 0 a4 Standalone field operation for collection of asset inventory development only with Mobile LiDAR- Pricing wil l Vary Depending on Level of Accuracy Required. as 0 Collect and analyze pavement structural condition information through the use of Ground Penetrating Radar (GPR)in lane Mile' $11,875.00 $110.00 0 Utilize Ground Penetrating Radar for Relocating Utilities (for maintenance plans) Linear Foot $11,875.00 $20.00 0 07 Collect and analyze pavement structural condition information through the use of pavement cores in accordance with industry standards on designated roadways (incl. traffic control)' Cost Includes base cost plus lane mile unit cost. �a 0 Collect and analyze pavement surface condition information through the use of Friction Testing in accordance with industry lane Mile' $4,500.00 $147.00 0 Parking Lots Condit ion Assessment to i nclude ASTM D6433 PCI scores; excludes analysis. Square Yard $12,500.00 $0.20 0 so la va below) Right of Way Assets Data Col lection(by per lane/survey mile): Assumes 3 Attributes per Asset Sign & Support Database Development Lane Mile' $68.00 0 sob Markings& Striping Database Development Lane Mile' $43.40 0 s. Traffic Signals/ Flashers and Controllers Database Development Lane Mile' $20A0 0 Street Lights Database Development Lane Mile' $40.80 0 1. Drop Inlets Database Development Lane Mile' $17.00 0 sM Drivepads Database Development Lane Mile' $17.00 0 Soy Bridges Database Development Lane Mile' $20.40 0 Inh Speed Humps Database Development Lane Mile' $20.40 o 1.1 Street Furniture Database Development Lane Mile' $20.40 0 Cattle Guards Database Development Lane Mile' $17.6o 0 Ink Guardrails & Roadside Pedestrian Fence Database Development Lane Mile' S-W 0 sd Culverts and Ditches Database Development Lane Mile' $17.60 0 Cabinets Database Development Lane Mile' $v. 0 1. Utility Poles Database Development Lane Mile' $40.80 0 s. Fire Hydrant Database Development lane Mile' $17.60 0 sop Medians Database Development lane Mile' $17.60 0 s" Valves Database Development Lane Mile' $27,10 1 sa SU Manhole Covers Database Development Trees Database Development lane Mlle' Lane Mlle' 5ll60 $51.00 0 0 sm Catch Basins/ Drainage Inlets from Master Drainage Plan Database Development Lane Mile' $17.60 0 s. Sidewalk Database Development Lane Mile' $17.60 0 s. Curb & Gutter Database Development Lane Mile' $17.60 0 ROW Assets- Additional Attributes for Any Selected Asset"per Each" Lane Mile' $0.50 0 Thank you for your continued interest in working with the IMS team. We value developing and maintaining long-term partnerships with our clients. We will strive to become an asset and extension of the City of Fayetteville staff and team. If any questions arise, please do not hesitate to contact me at (480) 980-6547 or nmessick@imsanalysis.com. Best regards, IMS Infrastructure Management Services, LP Nick Messick Client Services Manager IMS Infrastructure Management Services, LP 16 FOR NCTCOG Use Only TX h re ILA No: Your Public Sector Solutions Center MASTER INTERLOCAL PURCHASING AGREEMENT THIS MASTER INTERLOCAL AGREEMENT ("ILA"). made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, TX 76011, and the CITY OF FAYETTEVILLE, ARKANSAS, a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at 113 W. Mountain Street, Fayetteville, AR 72701. WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, NCTCOG has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that is authorized to enter into this Agreement on (Date), and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the Participant do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act for the purposes recited herein because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency that the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Agreement. ARTICLE 2: SCOPE OF SERVICES The Participant appoints NCTCOG its true and lawful purchasing agent for the purpose of certain products and services ("Products" or "Services") through the TXShare Program. Participants will access the Program through www.TXShare.org. All purchases under this Agreement shall comply with applicable Texas competitive bidding statutes as well as the specifications, contract terms and pricing applicable to such purchases. NCTCOG may also serve as a coordinating agent to administer the use of eligible Participant contracts to other participants of TXShare. The eligibility of such contracts will be determined by incorporation of coordinating agent authorization in Participant's solicitation documents. Title to all products purchased under the TXShare Program shall be held by Participant unless otherwise agreed. Nothing in this Agreement shall preclude the Participant for purchasing Products and/or Services offered in the TXShare Program directly from the vendor/supplier. FOR NCTCOG Use Only TX ha re ILA No: Your Public Sector Solutions Center ARTICLE 3: PAYMENTS Upon delivery of goods or services purchased and presentation of properly documented invoice, the Participant shall promptly, and in any case within thirty (30) days, pay the contracted provider the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall NCTCOG have any financial liability in the Participant for any goods or services Participant purchase through the TXShare Program. ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one (1) year. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with Article 6 below. Any modifications of this Agreement must comply with the requirements of Article 5 below. ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right from time to time to make changes in the scope of products and services offered through the TXShare Program. ARTICLE 6: TERMINATION PROCEDURES NCTCOG or the Participant may cancel this Agreement for any reason and at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligation of the Participant to pay for any Service and/or Products purchased under this Agreement, shall survive cancellation, as well as any other Participant costs incurred prior to the effective date of cancellation. ARTICLE 7: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with al applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 8: DISPUTE RESOLUTION The parties to this Agreement agree to the extent possible and not in contravention of any applicable state or federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration, or any other local dispute mediation process before resorting to litigation. ARTICLE 9: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Tarrant County, Texas. b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. c. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other parry to this Agreement. FOR NCTCOG Use Only TX h re ILA No: Your Public Sector Solutions Center d. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. e. To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance. In such event, the time for performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation to solely pay funds. f. This Agreement and any attachments/addendums, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: North Central Texas Council of Governments TXShare 616 Six Flags Drive, Arlington, TX 76011 NCTCOG Executive Director or Designee Signature of Executive Director or Designee _City of Fayetteville Name of Participating Agency _113 W. Mountain St. Mailing Address _Fayetteville AR 72701 City State Zip _Lioneld Jordan, Mayor Date Name and Title of Authorized Official or Designee Signature Date DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA TXShare Your Public Sector Solutions Center MASTER SERVICES AGREEMENT #2022-063 Pavement Analysis and Related Services THIS MASTER SERVICES AGREEMENT ("Agreement"), effective the last date of signed approval ("Effective Date"), is entered into by and between the North Central Texas Council of Governments ("NCTCOG"), a Texas political subdivision and non-profit corporation, with offices located at 616 Six Flags Drive, Arlington, TX 76011, and IMS Infrastructure Management Services, LP. ("Contractor") 8380 South Kyrene Road, Suite 101 Tempe, AZ 85284 ARTICLE I RETENTION OF THE CONTRACTOR 1.1 This Agreement defines the terms and conditions upon which the Contractor agrees to provide Pavement Analysis and Related Services (hereinafter, "Services") to governmental entities participating in the Texas SHARE program (hereinafter "Participating Entities"). The Contractor is being retained to provide services described below to Participating Entities based on the Contractor's demonstrated competence and requisite qualifications to perform the scope of the services described herein and in the Request for Proposals #2022-063 (hereinafter, "UP"). The Contractor demonstrated they have the resources, experience, and qualifications to perform the described services, which is of interest to Participating Entities and was procured via the RFP. NCTCOG agrees to and hereby does retain the Contractor, as an independent contractor, and the Contractor agrees to provide services to Participating Entities, in accordance with the terms and conditions provided in this Agreement and consistent with Contractor's response to the RFP. ARTICLE II SCOPE OF SERVICES 2.1 The Contractor will provide Services described in a written Purchase Order issued by NCTCOG or a SHARE Participating Entity. Any such Purchase Order is hereby incorporated by reference and made a part of this Agreement and shall be subject to the terms and conditions in this Agreement. In the event of a conflict between any term or provision in this Agreement and any term or provision in a Purchase Order, the term or provision in this Agreement shall control unless the conflicting term or provision in this Agreement is referenced, and expressly stated not to apply, in such Purchase Order. 2.2 All Services rendered under this Agreement will be performed by the Contractor: i) with due care; ii) in accordance with generally prevailing industry standards; iii) in accordance with Participating Entities' standard operating procedures and applicable policies, as may be amended from time to time; and iv) in compliance with all applicable laws, government regulatory requirements, and any other written instructions, specifications, guidelines, or requirements provided by NCTCOG and/or Participating Entities. 2.3 Any agreed -upon changes to a Purchase Order shall be set forth in a subsequent Purchase Order amendment. Contractor will not implement any changes or any new Services until a Purchase Order has been duly executed by Participating Entity. For the avoidance of doubt, the Contractor acknowledges that Participating Entity is under no obligation to execute a Purchase Order. Participating SHARE MSA 2022-063 Pavement Analysis and Related Services Page 1 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA Ly 11�I�311aii 11.,E iiavi%. I.,I aiiy aiiiuui a ,ot included in a Purchase Order in the absence of a fully executed amendment of Purchase Order. 2.4 Pricing for items in Appendix A represent the maximum cost for each item offered by the Contractor. Contractor and Participating Entity may mutually agree to a lower cost for any item covered under this agreement. 2.5 NCTCOG Obligations 2.5.1 NCTCOG shall make available a contract page on its TXSHARE.org website which will include contact information for the Contractor(s). 2.6 Participating Entity Obligations. 2.6.1 In order to utilize the Services, Participating Entities must have executed a Master Interlocal Agreement for Texas SHARE with NCTCOG. This agreement with the Participating Entity will define the legal relationship between NCTCOG and the Participating Entity. 2.6.2 In order to utilize the Services, Participating Entities must execute a Purchase Order with the Contractor. This agreement with the Participating Entity will define the Services and costs that the Participating Entity desires to have implemented by the Contractor. 2.7 Contractor Obligations. 2.7.1 Contractor must be able to deliver, perform, install, and implement services with the requirements and intent of RFP #2022-063 2.7.2 If applicable, Contractor shall provide all necessary material, labor and management required to perform this work. The scope of services shall include, but not be limited to, items listed in Appendix A. 2.7.3 Contractor agrees to market and promote the use of the SHARE awarded contract whenever possible among its current and solicited customer base. Contractor shall agree to follow reporting requirements in report sales made under this Master Services Agreement in accordance with Section 4.2. ARTICLE III TERM 3.1 This Agreement will commence on the Effective Date and remain in effect for an initial term ending on May 5, 2024 (the "Term"), unless earlier terminated as provided herein. This Agreement may be renewed, at NCTCOG's sole discretion, for up to four (4) additional one (1) year terms through November 30, 2028. 3.2 Termination. NCTCOG and/or Participating Entities may terminate this Agreement and/or any Purchase Order to which it is a signatory at any time, with or without cause, upon thirty (30) days' prior written notice to Contractor. Upon its receipt of notice of termination of this Agreement or Purchase Order, Contractor shall follow any instructions of NCTCOG respecting work stoppage. Contractor shall cooperate with NCTCOG and/or Participating Entities to provide for an orderly conclusion of the Services. Contractor shall use its best efforts to minimize the amount of any non -cancelable obligations and shall assign any contracts related thereto to NCTCOG or Participating Entity at its request. If NCTCOG or Participating Entity elects to continue any activities underlying a terminated Purchase Order after termination, Contractor shall cooperate with NCTCOG or Participating Entity to provide for an orderly transfer of Contractor's responsibilities with respect to such Purchase Order to NCTCOG or Participating Entity. Upon the effective date of any such termination, the Contractor shall submit a final invoice for payment in accordance with Article IV, and NCTCOG or Participating Entity shall pay such amounts as are due to Contractor through the effective date of termination. NCTCOG or Participating Entity shall only be liable for payment of services rendered before the effective date of termination. If Agreement is terminated, certain reporting requirements identified in this Agreement shall survive termination of this Agreement. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 2 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 3.2.1 Termination for Cause: Either party may immediately terminate this Agreement if the other party breaches its obligations specified within this Agreement, and, where capable of remedy, such breach has not been materially cured within thirty (30) days of the breaching party's receipt of written notice describing the breach in reasonable detail. 3.2.2 Breach: Upon any material breach of this Agreement by either party, the non - breaching party may terminate this Agreement upon twenty (20) days written notice to the breaching party. The notice shall become effective at the end of the twenty (20) day period unless the breaching party cures such breach within such period. ARTICLE IV COMPENSATION 4.1 Invoices. Contractor shall submit an invoice to the ordering Participating Entity upon receipt of an executed Purchase Order and after completion of the work, with Net 30 payment terms. Costs incurred prior to execution of this Agreement are not eligible for reimbursement. There shall be no obligation whatsoever to pay for performance of this Agreement from the monies of the NCTCOG or Participating Entities, other than from the monies designated for this Agreement and/or executed Purchase Order. Contractor expressly agrees that NCTCOG shall not be liable, financial or otherwise, for Services provided to Participating Entities. 4.2 Reporting. NCTCOG intends to make this Agreement available to other governmental entities through its SHARE cooperative purchasing program. Contractor shall submit to NCTCOG on a calendar quarterly basis a report that identifies any new client Participating Entities, the date and order number, and the total contracted value of services that each Participating Entity has purchased and paid in full under this Master Service Agreement. Reporting and invoices should be submitted to: NCTCOG ATTN: Texas SHARE PO Box 5888 Arlington, TX 76005-5888 Email: TexasSHAREknctcog.org SHARE MSA 2022-063 Pavement Analysis and Related Services Page 3 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA ARTICLE V SERVICE FEE 5.1 Explanation. NCTCOG will make this Master Service Agreement available to other governmental entities, Participating Entities, and non-profit agencies in Texas and the rest of the United States through its SHARE cooperative purchasing program. The Contractor is able to market the Services under this Agreement to any Participating Entity with emphasis that competitive solicitation is not required when the Participating Entity purchases off of a cooperative purchasing program such as SHARE. However, each Participating Entity will make the decision that it feels is in compliance with its own purchasing requirements. The Contractor realizes substantial efficiencies through their ability to offer pricing through the SHARE Cooperative and that will increase the sales opportunities as well as reduce the need to repeatedly respond to Participating Entities' Requests for Proposals. From these efficiencies, Contractor will pay an administrative fee to SHARE calculated as a percentage of sales processed through the SHARE Master Services Agreement. This administrative fee is not an added cost to SHARE participants. This administrative fee covers the costs of solicitation of the contract, marketing and facilitation, as well as offsets expenses incurred by SHARE. 5.2 Administrative Fee. NCTCOG will utilize an administrative fee, in the form of a percent of cost that will apply to all contracts between awarded contractor and NCTCOG or participants resulting from this solicitation. The administrative fee will be remitted by the contractor to NCTCOG on a quarterly basis, along with required quarterly reporting. The remuneration fee for this program will be 2% on sales. 5.3 Setup and Implementation. NCTCOG will provide instruction and guidance as needed to the Contractor to assist in maximizing mutual benefits from marketing these Services through the SHARE purchasing program. ARTICLE VI RELATIONSHIP BETWEEN THE PARTIES 6.1 Contractual Relationship. It is understood and agreed that the relationship described in this Agreement between the Parties is contractual in nature and is not to be construed to create a partnership or joint venture or agency relationship between the parties. Neither party shall have the right to act on behalf of the other except as expressly set forth in this Agreement. Contractor will be solely responsible for and will pay all taxes related to the receipt of payments hereunder and shall give reasonable proof and supporting documents, if reasonably requested, to verify the payment of such taxes. No Contractor personnel shall obtain the status of or otherwise be considered an employee of NCTCOG or Participating Entity by virtue of their activities under this Agreement. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 4 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA "ATICLE VII REPRESENTATION AND WARRANTIES 7.1 Representations and Warranties. Contractor represents and warrants that: 7.1.1 As of the Effective Date of this Agreement, it is not a parry to any oral or written contract or understanding with any third party that is inconsistent with this Agreement and/or would affect the Contractor's performance under this Agreement; or that will in any way limit or conflict with its ability to fulfill the terms of this Agreement. The Contractor further represents that it will not enter into any such agreement during the Term of this Agreement; 7.1.2 NCTCOG is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from, or ineligible for, participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. Contractor and its subcontractors shall include a statement of compliance with Federal and State Debarment and suspension regulations in all Third -party contracts. 7.1.3 Contractor shall notify NCTCOG if Contractor or any of the Contractor's sub -contractors becomes debarred or suspended during the performance of this Agreement. Debarment or suspension of the Contractor or any of Contractor's sub -contractors may result in immediate termination of this Agreement. 7.1.4 Contractor and its employees and sub -contractors have all necessary qualifications, licenses, permits, and/or registrations to perform the Services in accordance with the terms and conditions of this Agreement, and at all times during the Term, all such qualifications, licenses, permits, and/or registrations shall be current and in good standing. 7.1.5 Contractor shall, and shall cause its representatives to, comply with all municipal, state, and federal laws, rules, and regulations applicable to the performance of the Contractor's obligations under this Agreement. ARTICLE VIII CONFIDENTIAL INFORMATION AND OWNERSHIP 8.1 Confidential Information. Contractor acknowledges that any information it or its employees, agents, or subcontractors obtain regarding the operation of NCTCOG or Participating Entities, its products, services, policies, customer, personnel, and other aspect of its operation ("Confidential Information") is proprietary and confidential, and shall not be revealed, sold, exchanged, traded, or disclosed to any person, company, or other entity during the period of the Contractor's retention hereunder or at any time thereafter without the express written permission of NCTCOG or Participating Entity. Notwithstanding anything in this Agreement to the contrary, Contractor shall have no obligation of confidentiality with respect to information that (i) is or becomes part of the public domain through no act or omission of Contractor; (ii) was in Contractor's lawful possession prior to the disclosure and had not been obtained by Contractor either directly or indirectly from the NCTCOG or Participating Entity; (iii) is lawfully disclosed to Contractor by a third party without restriction on disclosure; (iv) is independently developed by Contractor without use of or reference to the NCTCOG's Participating Entity's Confidential Information; or (v) is required to be disclosed by law or judicial, arbitral or governmental order or process, provided Contractor gives the NCTCOG or Participating Entity prompt written notice of such requirement to permit the NCTCOG or Participating Entity to seek a protective order or other appropriate relief. Contractor acknowledges that NCTCOG and Participating Entities must strictly comply with applicable public information laws, in responding to any request for public information. This obligation supersedes any conflicting provisions of this Agreement. 8.2 Ownership. No title or ownership rights to any applicable software are transferred to the NCTCOG by this agreement. The Contractor and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the software (as an independent work and as an underlying work serving as a basis for any improvements, modifications, derivative works, and applications SHARE MSA 2022-063 Pavement Analysis and Related Services Page 5 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA -L...i iiiay u%.v%,ivY), aiiu an L..Ltereof. All final documents, data, reports, information, or materials are and shall at all times be and remain, upon payment of Contractor's invoices therefore, the property of NCTCOG or Participating Entity and shall not be subject to any restriction or limitation on their future use by, or on behalf of, NCTCOG or Participating Entity, except otherwise provided herein. Subject to the foregoing exception, if at any time demand be made by NCTCOG or Participating Entity for any documentation related to this Agreement and/or applicable Purchase Orders for the NCTCOG and/or any Participating Entity, whether after termination of this Agreement of otherwise, the same shall be turned over to NCTCOG without delay, and in no event later than thirty (30) days after such demand is made. Contractor shall have the right to retain copies of documentation, and other items for its archives. If for any reason the foregoing Agreement regarding the ownership of documentation is determined to be unenforceable, either in whole or in part, the Contractor hereby assigns and agrees to assign to NCTCOG all rights, title, and interest that the Contractor may have or at any time acquire in said documentation and other materials, provided that the Contractor has been paid the aforesaid. ARTICLE IX GENERAL PROVISIONS 9.1 Notices. All notices from one Party to another Party regarding this Agreement shall be in writing and delivered to the addresses shown below: If to NCTCOG: North Central Texas Council of Governments P.O. Box 5888 Arlington, TX 76005-5888 Attn: Craigan Johnson (817)695-9186 Ciohnsonnnctcog.org If to Contractor: IMS Infrastructure Management Services, LP. Attn: Jim Tourek 8380 South Kyrene Road, Suite 101 Tempe, AZ 85284 (480) 462 - 4030 Jtourek@imsanalysis.com The above contact information may be modified without requiring an amendment to the Agreement. 9.2 Tax. NCTCOG and several participating entities are exempt from Texas limited sales, federal excise and use tax, and does not pay tax on purchase, rental, or lease of tangible personal property for the organization's use. A tax exemption certificate will be issued upon request. 9.3 Indemnification. Contractor shall defend, indemnify, and hold harmless NCTCOG and Participating Entities, NCTCOG's affiliates, and any of their respective directors, officers, employees, agents, subcontractors, successors, and assigns from any and all suits, actions, claims, demands, judgments, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and court costs) (collectively, "Losses") arising out of or relating to: (i) Services performed and carried out pursuant to this Agreement; (ii) breach of any obligation, warranty, or representation in this Agreement, (iii) the negligence or willful misconduct of Contractor and/or its employees or subcontractors; or (iv) any infringement, misappropriation, or violation by Contractor and/or its employees or subcontractors of any right of a third party; provided, however, that Contractor shall have no obligation to defend, indemnify, or hold harmless to the extent any Losses are the result of NCTCOG's or Participating Entities' gross negligence or willful misconduct. 9.4 Limitation of Liability. In no event shall either party be liable for special, consequential, incidental, indirect or punitive loss, damages or expenses arising out of or relating to this Agreement, whether arising from a breach of contract or warranty, or arising in tort, strict liability, by statute or otherwise, even if it has been advised of their possible existence or if such loss, damages or expenses were reasonably foreseeable. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 6 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA , J...,L W JLL113LCL11U111� airy r,IL., v 13I.,1, jL,,,jL.,.,.L Lu LiLie contrary, neither party's liability shall be limited by this Article with respect to claims arising from breach of any confidentiality obligation, arising from such party's infringement of the other party's intellectual property rights, covered by any express indemnity obligation of such party hereunder, arising from or with respect to injuries to persons or damages to tangible property, or arising out of the gross negligence or willful misconduct of the party or its employees. 9.5 Insurance. At all times during the term of this Agreement, Contractor shall procure, pay for, and maintain, with approved insurance carriers, the minimum insurance requirements set forth below, unless otherwise agreed in a Purchase Order between Contractor and Participating Entities. Further, Contractor shall require all contractors and sub -contractors performing work for which the same liabilities may apply under this Agreement to do likewise. All subcontractors performing work for which the same liabilities may apply under this contract shall be required to do likewise. Contractor may cause the insurance to be effected in whole or in part by the contractors or sub -contractors under their contracts. NCTCOG reserves the right to waive or modify insurance requirements at its sole discretion. 9.5.1 Workers' Compensation: Statutory limits and employer's liability of $100,000 for each accident or disease. 9.5.2 Commercial General Liability: 9.5.2.1 Required Limits: $1,000,000 per occurrence; $3,000,000 Annual Aggregate 9.5.2.2 Commercial General Liability policy shall include: 9.5.2.2.1 Coverage A: Bodily injury and property damage; 9.5.2.2.2 Coverage B: Personal and Advertising Injury liability; 9.5.2.2.3 Coverage C: Medical Payments; 9.5.2.2.4 Products: Completed Operations; 9.5.2.2.5 Fire Legal Liability; 9.5.2.3 Policy coverage must be on an "occurrence" basis using CGL forms as approved by the Texas State Board of Insurance. 9.5.3 Business Auto Liability: Coverage shall be provided for all owned hired, and non -owned vehicles. Required Limit: $1,000,000 combined single limit each accident. 9.5.4 Professional Errors and Omissions liability: 9.5.4.1 Required Limits: $1,000,000 Each Claim $1,000,000 Annual Aggregate 9.6 Conflict of Interest. During the term of this Agreement, and all extensions hereto and for a period of one (1) year thereafter, neither party, shall, without the prior written consent of the other, directly or indirectly, whether for its own account or with any other persons or entity whatsoever, employ, solicit to employ or endeavor to entice away any person who is employed by the other party. 9.7 Force Majeure. It is expressly understood and agreed by both parties to this Agreement that, if the performance of any provision of this Agreement is delayed by force majeure, defined as reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within a reasonable time of the existence of such force majeure. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 7 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA -XLP111L.Y LkP i G1AU1111. ..V11Lla%,Lvi promptly to inform NCTCOG of any event or change in circumstances which may reasonably be expected to negatively affect the Contractor's ability to perform its obligations under this Agreement in the manner contemplated by the parties. 9.9 Availability of Funding. This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the Participating Entities by NCTCOG dedicated for the purposes of this Agreement. 9.10 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Agreement shall be in Tarrant County, Texas. 9.11 Waiver. Failure by either party to insist on strict adherence to any one or more of the terms or conditions of this Agreement, or on one or more occasions, will not be construed as a waiver, nor deprive that party of the right to require strict compliance with the same thereafter. 9.12 Entire Agreement. This Agreement and any attachments/addendums, as provided herein, constitutes the entire agreement of the parties and supersedes all other agreements, discussions, representations or understandings between the parties with respect to the subject matter hereof. No amendments hereto, or waivers or releases of obligations hereunder, shall be effective unless agreed to in writing by the parties hereto. 9.13 Assignment. This Agreement may not be assigned by either Party without the prior written consent of the other Party. 9.14 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intents of the Parties. 9.15 Amendments. This Agreement may be amended only by a written amendment executed by both Parties, except that any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in Federal and State law or regulations or required by the funding source, are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. 9.16 Dispute Resolution. The parties to this Agreement agree to the extent possible and not in contravention of any applicable State or Federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration or any other local dispute mediation process, including but not limited to dispute resolution policies of NCTCOG, before resorting to litigation. 9.17 Publicity. Contractor shall not issue any press release or make any statement to the media with respect to this Agreement or the services provided hereunder without the prior written consent of NCTCOG. 9.18 Survival. Rights and obligations under this Agreement which by their nature should survive will remain in effect after termination or expiration hereof. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 8 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA ARTICLE X ADDITIONAL REQUIREMENTS 10.1 Equal Employment Opportunity. Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, or national origin. Contractor shall take affirmative actions to ensure that applicants are employed, and that employees are treated, during their employment, without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10.2 Davis -Bacon Act. Contractor agrees to comply with all applicable provisions of 40 USC § 3141 — 3148. 10.3 Contract Work Hours and Selection Standards. Contractor agrees to comply with all applicable provisions of 40 USC § 3701 — 3708 to the extent this Agreement indicates any employment of mechanics or laborers. 10.4 Rights to Invention Made Under Contract or Agreement. Contractor agrees to comply with all applicable provisions of 37 CFR Part 401. 10.5 Clean Air Act, Federal Water Pollution Control Act, and Energy Policy Conservation Act. Contractor agrees to comply with all applicable provisions of the Clean Air Act under 42 USC § 7401— 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251-1387, and the Energy Policy Conservation Act under 42 USC § 6201. 10.6 Debarment/Suspension. Contractor is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. Contractor and its subcontractors shall comply with the Certification Requirements for Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions. 10.7 Restrictions on Lobbying. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 10.8 Procurement of Recovered Materials. Contractor agrees to comply with all applicable provisions of 2 CFR §200.322. 10.9 Drug -Free Workplace. Contractor shall provide a drug free work place in compliance with the Drug Free Work Place Act of 1988. 10.10 Texas Corporate Franchise Tax Certification. Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with for profit corporations that are delinquent in making state franchise tax payments. 10.11 Civil Rights Compliance Compliance with Regulations: Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation SHARE MSA 2022-063 Pavement Analysis and Related Services Page 9 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA k..»L%-.Ih L11,, 1 \.u\.lal llir,1iway 1-�Ull. '�stration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. Nondiscrimination: Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by Contractor of obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, sex, or national origin. Information and Reports: Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor will so certify to NCTCOG, the Texas Department of Transportation ("the State") or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of Contractor's noncompliance with the Nondiscrimination provisions of this Agreement, NCTCOG will impose such sanctions as it or the State or the FHWA may determine to be appropriate, including, but not limited to: withholding of payments to the Contractor under this Agreement until the Contractor compiles and/or cancelling, terminating or suspension of this Agreement, in whole or in part. Incorporation of Provisions: Contractor will include the provisions of the paragraphs listed above, in this section 10.11, in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. Contractor will take such action with respect to any subcontract or procurement as NCTCOG, the State, or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, Contractor may request the State to enter into such litigation to protect the interests of the State. In addition, Contractor may request the United States to enter into such litigation to protect the interests of the United States. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 10 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 1V.I/- "1a"LKV9911L4M6U11 Luaiucaa LuiciYiiau i i.,gram Requirements Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Contractor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. Each sub -award or sub -contract must include the following assurance: The Contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 10.13 Pertinent Non -Discrimination Authorities During the performance of this Agreement, Contractor, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. b. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). c. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). d. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. e. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). £ Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). g. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). h. Titles 11 and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. i. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). j. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. k. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). i. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). SHARE MSA 2022-063 Pavement Analysis and Related Services Page 11 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA iv.i-r i■■ciiV,iviiuy Lv AXU%,civc .:7Laic via,iw or Loans, or Receive Payment on State Contracts In accordance with Section 231.006 of the Texas Family Code, a child support obligor who is more than thirty (30) days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five (25) percent is not eligible to: a. Receive payments from state funds under a contract to provide property, materials or services; or b. Receive a state -funded grant or loan. By signing this Agreement, the Contractor certifies compliance with this provision. 10.15 House Bill 89 Certification If contractor is required to make a certification pursuant to Section 2270.002 of the Texas Government Code, contractor certifies that contractor does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If contractor does not make that certification, contractor state in the space below why the certification is not required. 10.16 Certification Regarding Disclosure of Conflict of Interest. The undersigned certifies that, to the best of his or her knowledge or belief, that: "No employee of the contractor, no member of the contractor's governing board or body, and no person who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this contract shall participate in any decision relating to this contract which affects his/her personal pecuniary interest. Executives and employees of contractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering the contract, shall exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for the contractor to conduct business with a friend or associate of an executive or employee of the contractor, an elected official in the area or a member of the North Central Texas Council of Governments, a permanent record of the transaction shall be retained. Any executive or employee of the contractor, an elected official in the area or a member of the NCTCOG, shall not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by contractor or Department. Supplies, tools, materials, equipment or services purchased with contract funds shall be used solely for purposes allowed under this contract. No member of the NCTCOG shall cast a vote on the provision of services by that member (or any organization which that member represents) or vote on any matter which would provide a direct or indirect financial benefit to the member or any business or organization which the member directly represents". No officer, employee or paid consultant of the contractor is a member of the NCTCOG. No officer, manager or paid consultant of the contractor is married to a member of the NCTCOG. No member of NCTCOG directly owns, controls or has interest in the contractor. The contractor has disclosed any interest, fact, or circumstance that does or may present a potential conflict of interest. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 12 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 1.., LJA%IJ IU%IJL .,.L L.L.1%, �.� �..,.� �.,.�� %,ompensation from the contractor for lobbying activities as defined in Chapter 305 of the Texas Government Code. Should the contractor fail to abide by the foregoing covenants and affirmations regarding conflict of interest, the contractor shall not be entitled to the recovery of any costs or expenses incurred in relation to the contract and shall immediately refund to the North Central Texas Council of Governments any fees or expenses that may have been paid under this contract and shall further be liable for any other costs incurred or damages sustained by the NCTCOG as it relates to this contract. 10.17 Certification of Fair Business Practices That the submitter affirms that the submitter has not been found guilty of unfair business practices in a judicial or state agency administrative proceeding during the preceding year. The submitter further affirms that no officer of the submitter has served as an officer of any company found guilty of unfair business practices in a judicial or state agency administrative during the preceding year. 10.18 Certification of Good Standing Texas Corporate Franchise Tax Certification Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with for profit corporations that are delinquent in making state franchise tax payments. The undersigned authorized representative of the corporation making the offer herein certified that the following indicated Proposal is true and correct and that the undersigned understands that making a false Proposal is a material breach of contract and is grounds for contract cancellation. 10.19 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. Pursuant to Public Law 115-232, Section 889, and 2 Code of Federal Regulations (CFR) Part 200, including §200.216 and §200.471, NCTCOG is prohibited from using federal funds to procure, contract with entities who use, or extend contracts with entities who use certain telecommunications and video surveillance equipment or services provided by certain Chinese controlled entities. The Contractor agrees that it is not providing NCTCOG with or using telecommunications and video surveillance equipment and services as prohibited by 2 CFR §200.216 and §200.471. Contractor shall certify its compliance through execution of the "Prohibited Telecommunications and Video Surveillance Services or Equipment Certification," which is included as Appendix D of this Contract. The Contractor shall pass these requirements down to any of its subcontractors funded under this Agreement. The Contractor shall notify NCTCOG if the Contractor cannot comply with the prohibition during the performance of this Contract. 10.20 Discrimination Against Firearms Entities or Firearms Trade Associations Pursuant to Texas Local Government Code Chapter 2274, Subtitle F, Title 10, prohibiting contracts with companies who discriminate against firearm and ammunition industries. NCTCOG is prohibited from contracting with entities, or extend contracts with entities who have practice, guidance, or directive that discriminates against a firearm entity or firearm trade association. Contractor shall certify its compliance through execution of the "Discrimination Against Firearms Entities or Firearms Trade Associations Certification," which is included as Appendix D of this Contract. The Contractor shall pass these requirements down to any of its subcontractors funded under this Agreement. The Contractor shall notify NCTCOG if the Contractor cannot comply with the prohibition during the performance of this Contract. 10.21 Boycotting of Certain Energy Companies Pursuant to Texas Local Government Code Chapter 2274, Subtitle F, Title 10, prohibiting contracts with companies who boycott certain energy companies. NCTCOG is prohibited from contracting with entities or extend contracts with entities that boycott energy companies. Contractor shall certify its compliance through execution of the "Boycotting of Certain Energy Companies Certification," which is included as Appendix D of this Contract. The Contractor shall pass these requirements down to any of its subcontractors funded under this Agreement. The Contractor shall notify NCTCOG if the Contractor cannot comply with the prohibition during the performance of this Contract. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 13 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 10.22 Domestic Preference As appropriate and to the extent consistent with law, the Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Consistent with §200.322, the following items shall be defined as: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. IMS Infrastructure Management Services, LP North Central Texas Council of Governments Kurt A Keifer on=Kurt A Ketler, c=US, o 111S DocuSigned by: Inhastructure Management d s.LP. emad_kkede@��St�aana 5/22/2023 imaarreyaie zoz.mma:ze 5/ 4/ 2 0 2 3 o.os.a og:3�rao EF79r.1AFFnFA9R Signature Date Signature Date Michael Eastland Executive Director Kurt Keifer Printed Name SHARE MSA 2022-063 Pavement Analysis and Related Services Page 14 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA "l,PENDIX A Statement of Work The Contractor shall provide or implement one or more of the following Contract Items for Pavement Analysis and Related Services for existing SHARE Member Entities. The following selection of anticipated tasks is not all -encompassing, and additional Pavement Analysis and Related Services tasks may be requested by SHARE Members; if desired. The following categories of pavement analysis services comprise the essential elements of the contracted services available under this Agreement: • Pavement Data Collection • Asset Inventory • Pavement Management Analysis • Electronic Products • Pavement Structural Analysis • GIS Related Services • Value Added Services Contract Item #1 Pavement Data Collection: I. Automatically and continuously measure pavement cracking, texture, rutting and geometries. Equipment used for rut measurement shall be capable of measuring both wheel track ruts simultaneously. 2. Collect pavement surface distress and structural condition information through automated means for all Participant -owned roadways. Provide a customized digital condition rating system to collect user defined severity/extent- based pavement distresses and pertinent roadway attributes to accommodate a standardized approach to collecting data. 4. Collect dual -wheel path roughness data to International Roughness Index standards. Collect pavement performance information that includes rutting using a minimum of seven (7) sensors (include pricing for nine (9) sensors as well), fatigue cracking, transverse cracking using a minimum of four (4) sensors, and longitudinal cracking 6. Perform friction testing 7. Measure lane striping reflectivity quality Contract Item #2 Asset Inventory: 8. Collect sidewalk data to include location, length, width, location in relation to curb and if greenspaces exist between curb and sidewalk, and sidewalk condition to create shapefiles (.shp) for incorporation into the Participant's GIS system, if applicable. 9. Collect sidewalk Barrier Free Ramp data to include location, configuration, presence of SHARE MSA 2022-063 Pavement Analysis and Related Services Page 15 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA .i.ui.,a...0 ...,111,,01 .,l .,L11,,1 u.A%A. .avi., waiiii r, Feature, and condition and create shapefiles (.shp) for incorporation into the Participant's GIS system, if applicable. 10. Collect roadway sign data to include type and location and create shapefiles (.shp) for incorporation into the Participant's GIS system, if applicable. 11. Collect photos of Barrier Free Ramps, sidewalks, curb condition, drive approach, and/or roadway signs inventoried under items 8, 9, and 10 above. 12. Collect location of curb and gutter and create shapefiles (.shp) for incorporation into the Participant's GIS system, if applicable. 13. Collect location and type of visible in -pavement features such as valves, manhole covers, etc. and create shapefiles (.shp) for incorporation into the Participant's GIS system, if applicable. 14. Collect locations of trees, including height and spread 15. Collect bike lane locations, including width, length, and associated signage and striping. 16. Utilize Ground Penetrating Radar for relocating utilities (for maintenance plans). 17. Collect data on location and surface condition of bridge approaches 18. Collect information on bridge deck condition 19. Perform Parking Lot Pavement Condition Assessment (Thru-Travel Lanes) w/ Inventory, Attribute, & Geodatabase Development 20. Right of Way Assets Database Development (GPS & Camera Configuration): a. Sign & Support Database Development b. Markings & Striping Database Development C. Traffic Signals/ Flashers. Controllers Database Development d. Street Lights Database Development e. Drop Inlets Database Development f. Drivepads Database Development g. Bridges Database Development h. Speed Humps Database Development i. Street Furniture Database Development j. Cattle Guards Database Development k. Guardrails & Roadside Pedestrian Fence Database Development 1. Culverts and Ditches M. Cabinets n. Utility Poles o. Fire Hydrant P. Medians Database q. Valves r. Manhole Covers S. Trees t. Catch Basins/ Drainage Inlets from Master Drainage Plan U. Sidewalk Database Development V. Curb & Gutter Database Development Contract Item #3 Pavement Management Analysis: 21. Calculate the International Roughness Index (IRI) for each road segment in accordance with ASTM E1926. Provide results compatible with the Participant's GIS database, if applicable. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 16 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 22. Calculate a Pavement Condition Index (PCI) score for each road segment using an approved pavement management system and in accordance with ASTM D6433 or ASTM E3303. Provide results compatible with the Participant's GIS database, if applicable. 23. With input from Participant's staff, devise a weighing system taking into account PCI, IRI, average daily traffic for thoroughfares (traffic count raw data provided by Participant), public safety emergency routes, and apply this 0-100 numeric index to the roadway information collected for the entire jurisdiction. Provide results compatible with the Participant's GIS database, if applicable. 24. Estimate the annual budget required to meet the long-term goals regarding desired pavement condition levels. 25. Create a five-year and ten-year pavement rehabilitation plan with input from Participant's staff. 26. Recommend the computer hardware and software needed for successful implementation, potentially including recommendations for licenses of pavement management system software and other geodatabase software as needed. 27. Train Participant staff and provide assistance to the Public Works and IT Department as needed for the use of data collected through the fully automated system. Contract Item #4 Electronic Products: 28. Roadway information that shall be collected and provided to the Participant at a minimum includes: a. Street Name b. Endpoint One, Endpoint Two, and Segment ID Segment Length and Pavement Width d. Inventory Date e. Pavement Type f. Segment Functional Classification g. Pavement condition scored depending on the requirements of local government Participant(s) (Example: Pavement condition scored as one of the MicroPaver 19 surface distress codes with corresponding unit of measure scored every 100 feet longitudinally) h. Pavement performance information that includes rutting, fatigue cracking, transverse cracking, and longitudinal cracking i. Pavement age (if necessary to develop pavement life curves) 29. Collect digital images at 25-foot intervals of the road surface condition and link to a geodatabase (minimum forward facing imagery). 30. Load assessment data for all Participant -maintained pavements into a pavement management system required by local government Participant(s), if applicable. (Example: MicroPaver). The assessment data shall include visual observations, photographs and measurements collected by instrumentation. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 17 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 1. imiLli .,aim in mall mvuum, a., uiat pav %.ii,�,iA condition and other data can be integrated, displayed, and accessed through the map interface in a format consistent with the Participant's horizontal and vertical control network system, if applicable. 32. Provide to the Participant the pavement condition data in a pavement management system database approved by Participant. Coordinate with the Participant's IT department to provide pavement condition data in a format compatible with the Participant's Environmental Systems Research Institute (ESRI) GIS database, if applicable. 33. Asset management tools or systems (not just collection) (i.e. 15-year plan about how to fix or repair assets). Contract Item #5 Pavement Structural Analysis: 34. Collect and analyze pavement structural condition information through the use of a falling weight deflectometer in accordance with industry standards on designated participant -owned roadways. 35. Collect and analyze pavement structural condition information through the use of Ground Penetrating Radar (GPR) in accordance with industry standards on designated participant - owned roadways. 36. Collect and analyze pavement structural condition information through the use of pavement cores in accordance with industry standards on designated participant -owned roadways (traffic control included). Contract Item #6 GIS Related Services: 37. GIS Clean -Up Services 38. GIS Support Services 39. GIS Remote Training Sessions from GIS Manager/ Expert (2-Hour Sessions) Contract Item #7 Value Added Services: 40. Full Written Final Report- Firm shall prepare and submit a written project report summarizing the work performed, dates of collection, methodology, and results. 41. Project Presentation- Firm shall prepare and present a written project report summarizing the work performed, dates of collection, methodology, and results to the Participant's legislative body. 42. Provide Curb Ramp and ADA/Barrier Free Ramp Compliance Survey. 43. Stand-alone field operation for collection of asset inventory only, with different levels of position accuracy and abilities to use data for attribute registration and conditions. a. Photogrammetry b. Mobile Lidar 44. Generic asset types, allowing for any item within line of sight of the collection vehicle. a. Above ground point asset b. Above ground linear asset c. At grade point asset SHARE MSA 2022-063 Pavement Analysis and Related Services Page 18 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA U. AL 61aUl. 11 k ai aDDk.,L 45. Provide consultancy services to develop linework in GIS for missing sidewalks in order to quantify and identify on a map. The awarded Contractor(s) shall provide all necessary field inspectors, vehicles, tools, equipment, traffic control and other services required to perform this work. No engineering services are available under this contact. Any activities that Participant and/or Contractor deem to require the service(s) of an engineer must be procured separately and are the sole responsibility of that party. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 19 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA SHARE MSA 2022-063 Pavement Analysis and Related Services Page 20 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA �l PENDIX A.1 Pricing for Txshare Cooperative Purchase Program Participants For Pavement Analysis and Related Services, Contractor shall quote participating SHARE Entities the rates and/or discount required for a custom implementation of the services specified by the RFP. Contractor's proposed rates for related Pavement Analysis and Related Services are found below. Category # Description Yes No Proposed % Discount I Pavement Data Collection X 0 % 2 Asset Inventory Management X 0 % 3 Pavement Management Analysis X 0 % 4 Electronic Products X 0 % 5 Pavement Structural Evaluations X 0 % 6 GIS Related Services X 0 % 7 Value Added Services X 0 % SHARE MSA 2022-063 Pavement Analysis and Related Services Page 21 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA RFP 2022-063 Pavement Analysis and Related Services Attachment A (per Exhibit D) - Pricing Proposal Form Proposed prices shall include all field inspectors, vehicles, tools, equipment, traffic control, contractor maintenance, and customer service support necessary to provide the desired services. Respondents must not include mobilization fees in their pricing and may not include them in any contract(s) that result from this RFP. If a respondent elects to submit a percentage discount off their catalog pricing for any or all of their services, the corresponding price for each numbered activity listed in Attachment A must account for the proposed discount listed in Exhibit C. If you are not proposing a percentage -discount, please use your established list price for each for each numbered pavement analysis and related services activity. [Example: If your catalog price is $100 per unit, and you indicate a 5% discount from catalog pricing in Exhibit C, your pricing form in Attachment A should reflect a unit price of $95. Conversely, if your catalog price is $100 per unit, and you indicate a 0% discount or N/A in Exhibit C, your pricing form in Attachment A should reflect a unit price of $100.] Service Category #1: Pavement Data Collection Provide Price Per Tiered Group A B C=MB Unit Base Unit Cost I$) 0-200 Unit Cost M 201-700 Unit Cost ($) 700a Agreed Upon Cost Taal Agreed Upon Unit Cost($) Lane Miles Lane Miles Lane Miles Total Uni ts ($)/Unit cost($) Activity If Activity Description 1 Automatically and continuously measure pavement cracking, texture, rutting and geometrics. Equipment used for rut measurement shall be capable of measuring both wheel $140.00 $11S.00 $100.00 0 track ruts simultaneously. Lane Mile' 2 Collect pavement surface distress and structural condition information through automated means for all Participant -owned roadways. Lane Mile Sim $1.00 Sim 0 3 Provide a customized digital condition rating system to collect user defined severity/extent based pavement distresses and pertinent roadway attributes to accommodate a Lump Sum $2,500.00 0 standardized approach to collecting data 4 Collect dual -wheel path roughness data to International Roughness Indexstandards. Lane Mile $1.00 $1.00 $1.00 0 5 Collect pavement performance information that includes rutting using a minimum of,,v,n(7)s,n,,,(include pricing for nine(9)sensors as well), fatigue cracking, transvers ` 1.00 1.00 1.00 0 racking using a minimum of four (4) sensors, and longitudinal cracking Lane Mile 6 Perform friction testing Lane Mile` See HAS Value Added See HAS Value Added See IMS Value Added See MS Value Added 0 Item 56 below Item 56 below Item 56 below Item 56 below 7 Measure lane striping reflectivity quality I Lane Mile' S0.00 50.00 50.0 1 1 0 Service Category rig: Asset Inventory Provide Price Per Tiered Group A B C-- xB Unit Base Unit Cost ($) 0-200 Unit Cost ($) 201-700 Unit Co. ($) 700+ Agreed Upon Cost Total Agreed Upon JL Cost($) Lane Miles Lane Miles Lane Miles Total Units ($)/Unit Cost($) Activ Activity Description B Coiled sidewalk data to include location, length, width, location in relation to curb and if greenspaces exist between curb and sidewalk and sidewalk condition to create shape 27.60 27.60 27.60 0 (,hp) files for incorporation into the Participant's GIS system, if applicable Lane Mile' B Coiled sidewalk Barrier Free Ramp data to include location, configuration, presence of truncated domes or other detectable warning feature, and condition and create shape Lane Milel 25.fi0 0 (.shp) files far incorporation into the Participant's GIS system, if applicable 30 Collect roadway sign data to include type and location and create shape (,hp) files for incorporation into the Participant's G 15 system, if applicable. Lane Mile $40.90 0 11 Coiled photos of Barrier Free Ramps,sidewalks, curb condition, drive approach, and/or roadway signs inventoried under items 8, 9, and 10 above. Lane Mile $1.00 0 12 Collect location of curb and gutter and create shape(.shp) files for incorporation into the Participant's 615 system, if applicable. Linear Feet $1.00 0 13 Coiled location and type of visible in -pavement features such as valves, manhole covers,etc. and create shape(.shp) files for incorporation into the Participant's GIS system, if Lane Mile 12LN 0 applicable. 14 Collect locations of trees, including height and spread Lane Mile 51.00 0 15 Collect bike lane locations, including width, length, and associated signage and striping. Linear Feet $1.00 0 16 Utilize Ground Penetrating Radar for relocating utilities (for maintenance plans). Linear Feet See IMS Value Added 0 Item 50 below 17 Coiled data on location and surface condition of bridge approaches Each $3.90 0 I8 Coiled information on bridge deck condition Each $3.90 0 19 Perform Parking Lot Pavement Condition Assessment(Thru-Travel Lanes)w/ Inventory, Attribute,& Geodatabase Development Square Yard See IMS Value Added 0 Item 57 below 20 (a.v) below: jr of Way Assets Database Development (GP. 20a Sign & Support Database Development Each $1.70 0 206 Markings& Striping Database Development Each $3.90 0 20c Traffic Signals/ Flashers and Controllers Database Development Each $1.70 0 20d Street Lights Database Development Each $1.70 0 20e Drop Inlets Database Development Each $1.70 0 20f Drive pads Database Development Each $1.70 0 20g Bridges Database Development Each $2.20 0 201, Speed Humps Database Development Each $1.70 0 201 Street Furniture Database Development Each $1.70 0 20j Cattle Guards Database Development Each $1.70 0 20k Guardrails & Roadside Pedestrian Fence Database Development Each $2.20 0 201 Culverts and Ditches Database Development Each $1.70 0 20m Cabinets Database Development Each $1.70 0 Attachment A (per Exhibit D) IMS Pricing Proposal Form Page 1 of 4 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 20n Utility Poles Database Development Each $1.70 0 20. Fire Hydrant Database Development Each $1.70 0 20p Medians Database Development Each $1.70 0 20q Valves Database Development Each $1.70 0 20r Manhole Covers Database Development Each $1.70 0 20s Trees Database Development Each $1.70 0 20t Catch Basins/ Drainage Inlets from Master Drainage Plan Database Development Each $2.20 0 20. Sidewalk Database Development Each $2.20 0 20v Curb & Gutter Database Development Each $2.20 0 Service Category #3: Pavement Management Analysis Provide Price Per Tiered Group A B C=AxB ctivity Activity Description Unit Unit Base Cost ($) Unit Cost M 0-200 Lane Miles Unit Cost IS) 201-700 Lane Miles Unit Cost IS) 700+ Lane Miles Total Units Agreed Upon Cost 151/unR Taal Agreed Upon Cost IS) 21 Calcu late the International Rough ness lmile. (IRI)for each road segment in accorda nce with ASTM E 1926. Provide results compatible with the Participant's GIS database, if applicable. Lane Mile' $1.00 $1.00 $1.00 0 22 Calcu late a Pavement Condition Index(PCI) score for each road segment using an approved pavement management system and in accorda nce with ASTM D6433 or ASTM E330 Provide results compatible with the Participant's GIS database, if applicable. Lane Mile' 20.00 I5.00 12.00 0 23 With input from Participant's staff, devise a weighing system taking into account PCI, IRI, average daily traffic for thoroughfares (traffic count raw data provided by Participant), public safety emergency routes, and apply this 0-100 numeric index to the roadway information collected for the entire ju risdiction. Provide results compatible with the Participant's GIS database, if applicable.Cost includes base cost plus lane mile unit cost. Lane Miler $2,000.00 $0.00 $1.00 $1.00 0 24 Estimate the annual budget required to meet the long-term goals regarding desired pavement condition levelCost includes base cost plus lane mile unit cost. Each Participant $4,500.00 $0.00 1.50 $2.00 0 25 Create a five year and ten year pavement rehabilitation plan with input from Participant's staffCost includes base cost plus lane mile unit cos. Each Participant $3,000.00 $0.00 1.50 $2.00 0 26 Recommend the computer hardware and software needed for successful Implementation, potentially including recommendations for licenses of pavement managementsyste software and other geodatabase software as needed. Each Participant S1,500.00 0 27 T2In Participant staff and provide assistance to the Public Works and IT Department as needed for the use of data collected through the fully automated systerrf20 person m per class) Day 3500.00 0 Service Cateeory #4: Electronic Products Provide Price Per Tiered Group A B C--AxB Unit Base Unit Cost ($) 0.200 Unit Cost ($) 201-700 Unit Cost ($1700* Agreed Upon Cost Total Agreed Upon Unit Cost ($1 lane Mlles Lane Mlles lane Mlles Total Units ($)/Unit Cost ($) Activity # Activity Description 28 Roadway information that shall be collected and provided to the Participant at a minimum includes items a. through I. in Exhibit B Lane Miler $5.00 $3.00 $2.00 0 29 Collect digital images at 25-foot intervals of he road surface condition and link[.ageodatabase(minimum forward facing imagery). Lane Miles $5.00 S-00 $5.00 0 Load assessment data for all Participant -maintained pavements into a pavement management system required by local government Participent(s), if applicable. (Example: 30 Micropaver). The assessment data shall Include visual observations, photographs and measurements collected by instrumentatiorCost Includes base cost plus lane mile unit Each Participant $3,500.00 $5.00 $4.00 $3.00 0 cost. 31 Implement map module so that pavement condition and otherdata can be integrated,displayed, and accessed through the map interface in a format consistent with the Each Participant 7000.00 0.00 S-00 5.00 0 Participant's horizontal and vertical control network system, if applicable4ost includes base cost plus lane mile unit cost. Provide to the Participant the pavement condition data in a pavement management system database approved by Participant. Coordinate with the Participant's IT department to provide pavement condition data in a format compatible with the Participant's 32 Environmental Systems Research Institute (ESRI) GIS database, if applicable. Each Participant $1,5W.00 $10.00 $8.00 S5.00 0 Cost Includes base cost plus lane mile unit cost. 33 Provide asset management tools or systems (not just collection)(i.e., 15-year plan about how to 0x or repair assets)Cost includes base cost plus lane mile unit cost. Each Participant $2,500.00 0.00 $0.00 0.00 0 Service Provide Price Per Tiered Group A B C--AxB Unit Base Unit Cost IS) 0-200 Unit Cost IS) 201-700 unit Cost IS) 700+ Agreed Upon Cost Total Agreed Upon Unit Cost ($) lane Miles Lane Miles lane Miles Total Units 1S1/UnR Cost IS) ctivity # Activity Description Collect and analyze pavement structural condition information through the use of a falling weight deflectometer in accordance with industry standards on designated participan- 34 coned roadways. cow 0 Collect and analyze pavement structural condition information through the use of Ground Penetrating Radar(GPR) in accordance with industry standards on designated 35 participant -owned roadways. cow 0 Collect and analyze pavement structural condition information through the use of pavement cores in accordance with industry standards on designated participan[-owned 36 roadways (traffic control indmied f cow 0 Service Category #6: GIS Related Services Provide Price Per Tiered Group A B C--AxB Activity # Jill!Unit Activity Description Unit Base Cost IS) Unit Cost IS) 0-200 lane Miles Unit Cost IS) 201-700 Lane Miles unit Cost IS) 700+ Lane Miles Total Units Agreed upon Cost ($)/UnR Total Agreed Upon Cost IS) 37 GIS Clean Up Services Each Participant S170 oer Hour 0 38 GIS Support Services Each Participant $170 per Hour 0 39 GIS Remote Training Sessions from IMS GIS Manager/ Expert (2-Hour Sessions) Each Participant $170 per Hou I0 Attachment A (per Exhibit D) IMS Pricing Proposal Form Page 2 of 4 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA Service Category #7: Value Added Services Provide Price Per Tiered Group A e C--AxB Unit Base Unit Cost ($) 0-200 Unit Cost ($) 201-700 unit Cost ($) 700+ Agreed Upon Cost Taal Agreed Upon Unit Cost($) Ian. Miles Lane Miles Ian. Miles Total Units ($)/Unit Cost($) ctivity q Activity Description 40 Ful l Written Final Report- Firm shall prepare and submit a written project report summarizing the work performed, dates of collection, methodology, and results. Each Participant $3,50.00 0 41 Project Presentation- Firm shall prepare and present a written project report summarizing the work performed, dates of collection, methodology, and results to the Participant' Each Participant $3,500.00 0 legislative body. 42 Provide Curb Ramp and ADA/Barrier Free Ramp Compliance Survey Each Participant See IMS Value Added 0 Item 48 below Stand-alone Held operation for collection of asset inventory only, with different levels of position accuracy and abilities to use data for attribute registration and conditions. a. S7.500.00 a. 300.00 a. 90.00 a. 80.00 Cohost toudesbase cost plus lane mile unit cost. Lane Mile' b.(Se. IMS Value b.(Se. IMS Value b.(See IMS Value b.(See IMS Value 0 a.M otoe try Added Item 49 below) Added Item 49 below) Added Item 49 below) Added Item 49 below) Lidar b.Mobile Lidar Generic asset types, allowing any item within line of sight of the collection vehicle. Asset types include items a. through d. in Exhibit B. (See IMS Value Added (See IMS Value Added (See IMS Value Added Cost includes base cast plus lane mile unit cost. Lane Mile' 1500.00 Items 50a-v Pricing Items 50a-v Pricing Items 50a-v Pricing 0 below) below) below) 45 Provide consultancy services to develop linework in GIS for missing sidewalks in order to quantify and identify on a map Hour $170.00 0 TOTAL ° Lane mile is to be defined as a mile traveled as 1. A single pass on alleyways 2. A centered single pass on residential streets 3. Includes the outside lane in each direction for collectors and arterials (2 total). 2Spacing for pavement cores to be negotiated with each participant. ** The awarded Contractor(s) shall provide all necessary field inspectors, vehicles, tools, equipment, traffic control and other services required to perform this work. No engineering services are available under this contact. Any activities that Participant and/or Contractor deem to require the service(s) of an engineer must be procured separately and are the sole responsibility of that party." Additional IMS Value Added Services Provide Price Per Tiered Group A B cAxB Activity# Activity Description Unit Unit Base Cost($) Unit Cost ($) 0.200 Lane Miles nit Cost ($) 201-700 Lane Miles Unit Cost I$) 7W+ Lane Miles Total Units Agreed Upon Cost ($)/Unit Total Agreed Upon cost 46 Enhanced Pavement Data QA/QC, Processing, & Formatting (Fully Automated+ Additional Field Observations+Manual CA/QC) Lane Mile' $20.00 $20.00 $20.00 0 47 Full Stand -Alone Pedestrian Network (Sidewalks, Obstructions, Ramps) Condition Assessment Using Sidewalk Surface Tester (SST) and Lidar. Deliverables Include Sidewalk Distresses & Ramp Measurements in Tabular & 6I5 Formats.Cost includes base cast plus sidewalk mile unit cast. Lane Mile' $42,500.00 $450.00 $450.00 $450.00 0 48 Barrier -Free Curb Ramp Inventory and Survey Using Lidar. Deliverables Include Ramp Inventory, Ramp Geometric Measurements and Attributes in Tabular & GIS Formats. Cost Includes base cost plus sidewalk mile unit cost. Lane Mile' $32,500.00 $100.00 $100.00 $100.00 0 49 Stand-alone Held operation for collection of asset inventory development only with Mobile Lidar. Pricing will vary depending on level of positional accuracy required and asset attribution detail. *v 0 so(a-v) IgM of Way Assets Data Collection (by per lane/survey mile): Assumes 3 Attributes, per An 50. Sign & Support Database Development Lane Mile $57.80 $57.80 $57.80 0 Sob Markings & Striping Database Development Lane Mile' $35.89 $36.89 $36.89 0 Soc Traffic Signals/ Flashers and Controllers Database Development Lane Mile' $17.34 $17.34 $17.34 0 50d Street Lights Database Development Lane Mile' $34.68 $34.68 $34.68 0 Soo Drop Inlets Database Development Lane Mile' $14.45 $14.45 $14.45 0 Sof Drive pads Database Development Lane Mile' $14.45 $14.45 $14.45 0 509 Bridges Database Development Lane Mile' $17.34 $17.34 $17.34 0 50h Speed Humps Database Development Lane Mile' $17.34 $17.34 $17.34 0 Sol Street Furniture Database Development Lane Mile' $17.34 $17.34 $17.34 0 Sol Cattle Guards Database Development Lane Mile' $14.96 $14.96 $14.96 0 501, Guardrails & Roadside Pedestrian Fence Database Development Lane Mile' $14.96 $14.96 $14.96 0 501 Culverts and Ditches Database Development Lane Mile' $14.96 $14.96 $14.96 0 Son, Cabinets Database Development Lane Mile' $14.96 $14.96 $14.96 0 Son Utility Poles Database Development Lane Mile' $34.68 $34.69 $34.68 0 Soo Fire Hydrant Database Development Lane Mile' $14.96 $14.96 $14.96 0 Sop Medians Database Development Lane Mile' $14.96 $14.96 $14.96 0 50q Valves Database Development Lane Mile' $23.12 $23.12 $23.12 0 SOr Manhole Covers Database Development Lane Mile' $14.96 $14.96 $14.96 0 50s Trees Database Development Lane Mile' $43.35 $43.35 $43.35 0 SIR Catch Basins/ Drainage Inlets from Master Drainage Plan Database Development Lane Mile' $14.96 $14.96 $14.96 0 5ou Sidewalk Database Development Lane Mile' $14.96 $14.96 $14.96 0 50v Curb & Gutter Database Development Lane Mile' $14.96 $14.96 $14.96 0 Attachment A (per Exhibit D) IMS Pricing Proposal Form Page 3 of 4 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 51 ROW Assets- Additional Attributes for Any Selected Asset"per Each" Lane Mile- Ws0 $0.50 $0.50 0 Collect and analyze pavement structural condition w/ falling weight deflemometer (FastFWD) in accordance with industry standards on designated participant —and roadways 52 Cost includes base cost plus lane mile unit cost. Lane Mile' $5,000.00 $180.00 $160.00 $140.00 0 ollect and analyze pavement structural condition information through the use of Ground Penetrating Radar (GPR) in accordance with industry standards on designated tiled— 53 roadways. Cost includes base cast plus lane mile unit cost. Lane Mile' $11,500.00 $120.00 $110.00 $100.00 0 54 Utilize Ground Penetrating Radar forRelacating Utilities (for maintenance plans) Linear Foot $11,500.00 $20.00 $20.00 $20.00 0 Cost includes base cost plus lane mile unit cost. Collect and analyze pavement structural condition information through the use of pavement cores in accordance with industry standards on designated madways(incl. traffic 55 control)' Cost includes base cast plus lane mile unit cost. sv 0 56 Collect and analyze pavement surface condition information through the use of Friction Testing in—rdance with industry standards on designated roadways. $139.00 0 Cost includes base cost plus lane mile unit cost. Lane Mile' $4,500.00 $156.00 $147.00 Perform Parking Lot Pavement Condition Assessment(Thru-Travel Lames) w/ Inventory, Attribute, & Geodatabase Development 57 Cost includes base cast plus square yard unit cost. Square S yard $ 12,500.00 $0.20 $0.20 $0.20 0 I nform(tm) Solution for Making the Collected Image Data Available to Clients. Cost includes annual hosting cost plus lane mile unit cost per network lane mile quantities below (a - III. . c 400lane miles a. $2,000.00 b. 400-800 b.$4,000.00 c. 801- 2,200 (See notes to left) C. $6,000.00 58 d. 1,201.2, 00 Lane Mile' d.$8,000.00 $0.00 $0.00 $0.00 0 e. 2,401- 4,800 e. $10,000.00 1. 4,801.9,600 1. $14,000.00 g. > 9,600 8. $20,000.00 TOTAL D Attachment A (per Exhibit D) IMS Pricing Proposal Form Page 4 of 4 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA �l PENDIX A.2 Service Area Designation Forms RFP 2022-063 Texas Service Area Designation or Identification Proposer Name: IMS Infrastructure Management Services, LP Notes: Indicate in the appropriate box whether you are proposing to service the entire State of Texas Will service the entire State of Texas Will not service the entire State of Texas YES If you are not proposing to service the entire State of Texas, designate on the form below the regions that you are proposing to provide goods and/or services to. By designating a region or regions, you are certifying that you are willing and able to provide the proposed goods and services. Item Region Metropolitan Statistical Areas Designated Service Area 1. North Central Texas 16 counties in the Dallas -Fort Worth Metropolitan area 2. High Plains Amarillo Lubbock 3. Northwest Abilene Wichita Falls 4. Upper East Longview Texarkana, TX -AR Metro Area Tyler 5. Southeast Beaumont -Port Arthur 6. Gulf Coast Houston -The Woodlands- SugarLand 7. Central Texas College Station -Bryan Killeen -Temple Waco 8. Capital Texas Austin -Round Rock 9. Alamo San Antonio -New Braunfels Victoria 10. South Texas Brownsville -Harlingen Corpus Christi Laredo McAllen -Edinburg -Mission 11. West Texas Midland Odessa San Angelo 12. Upper Rio Grande ElPaso SHARE MSA 2022-063 Pavement Analysis and Related Services Page 26 of 35 go, ;u51gn Envelope IU: EdA4L3ALb-yU5ti-4t36b-bUti4-Ut; )ArbUAb[UA nrr LVL4-VV.7 ivaxionwiae bervice Area Designation or Identification Form Proposer Name: IMS Infrastructure Management Services, LP. Notes: Indicate in the appropriate box whether you are proposing to provide service to all Fifty (50) States. Will service all Fifty (50) States Will not service Fifty (50) States YES If you are not proposing to service to all Fifty (50) States, then designate on the form below the States that you will provide service to. By designating a State or States, you are certifying that you are willing and able to provide the proposed goods and services in those States. If you are only proposing to service a specific region, metropolitan statistical area (MSA), or city in a State, then indicate as such in the appropriate column box. Item State Region/MSA/City Designated as a Service Area 1. Alabama 2. Alaska 3. Arizona 4. Arkansas 5. California 6. Colorado 7. Connecticut 8. Delaware 9. Florida 10. Georgia 11. Hawaii 12. Idaho 13. Illinois 14. Indiana 15. Iowa 16. Kansas 17. Kentucky 18. Louisiana 19. Maine 20. Maryland SHARE MSA 2022-063 Pavement Analysis and Related Services Page 27 of 35 m, .uSlgn Envelope IU: LbA4bALb-UU5t3-4t3t3-bUt34-UtVAt-bUHS/UA L.L. IVIdJJdU IUJCIIJ 22. Michigan 23. Minnesota 24. Mississippi 25. Missouri 26. Montana 27. Nebraska 28. Nevada 29. New Hampshire 30. New Jersey 31. New Mexico 32. New York 33. North Carolina 34. North Dakota 35. Ohio 36. Oregon 37. Oklahoma 38. Pennsylvania 39. Rhode Island 40. South Carolina 41. South Dakota 42. Tennessee 43. Texas 44. Utah 45. Vermont 46. Virginia 47. Washington 48. West Virginia 49. Wisconsin 50. Wyoming SHARE MSA 2022-063 Pavement Analysis and Related Services Page 28 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA APPENDIX B DEBARMENT CERTIFICATION ni)LE ,Q of riic being duly (Name of certifying official) sworn or under penalty of perjury under the laws of the United States, certifies that neither IHS IklFWt`TAVM)" HA JAG 10191 7 a#-V►C�3S, LF , nor its principals (Name of lower tier participant) are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any federal department or agency Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. F.Xf F.PT7(1NC- T karl 0 j&L-jT: Title Certification Form 1734 Rev.10-91 TPFS SHARE MSA 2022-063 Pavement Analysis and Related Services Page 29 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA APPENDIX C RESTRICTIONS ON LOBBYING Section 319 of Public Law 101-121 prohibits recipients of federal contracts, grants, and loans exceeding $100,000 at any tier under a federal contract from using appropriated funds for lobbying the Executive or Legislative Branches of the federal government in connection with a specific contract, grant, or loan. Section 319 also requires each person who requests or receives a federal contract or grant in excess of $100,000 to disclose lobbying. No appropriated funds may be expended by the recipient of a federal contract, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any federal executive department or agency as well as any independent regulatory commission or government corporation, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered federal actions: 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. As a recipient of a federal grant exceeding $100,000, NCTCOG requires its subcontractors of that grant to file a certification, set forth in Appendix B.1, that neither the agency nor its employees have made, or will make, any payment prohibited by the preceding paragraph. Subcontractors are also required to file with NCTCOG a disclosure form, set forth in Appendix B.2, if the subcontractor or its employees have made or have agreed to make any payment using nonappropriated funds (to include profits from any federal action), which would be prohibited if paid for with appropriated funds. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 30 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension continuation, renewal amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 1.100, ature U 6clowo r Title Agency Datt SHARE MSA 2022-063 Pavement Analysis and Related Services Page 31 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA APPENDIX D ATTESTATION OF CONTRACTS NULLIFYING ACTIVITY The following provisions are mandated by Federal and/or State of Texas law. Failure to certify to the following will result in disqualification of consideration for contract. Entities or agencies that are not able to comply with the following will be ineligible for consideration of contract award. PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT CERTIFICATION This Contract is subject to the Public Law 115-232, Section 889, and 2 Code of Federal Regulations (CFR) Part 200, including §200.216 and §200.471, for prohibition on certain telecommunications and video surveillance or equipment. Public Law 115-232, Section 889, identifies that restricted telecommunications and video surveillance equipment or services (e.g. phones, internet, video surveillance, cloud servers) include the following: A) Telecommunications equipment that is produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliates of such entities). B) Video surveillance and telecommunications equipment produced by Hytera Communications Corporations, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliates of such entities). C) Telecommunications or video surveillance services used by such entities or using such equipment. D) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, Director of the National Intelligence, or the Director of the Federal Bureau of Investigation reasonably believes to be an entity owned or controlled by the government of a covered foreign country. The entity identified below, through its authorized representative, hereby certifies that no funds under this Contract will be obligated or expended to procure or obtain telecommunication or video surveillance services or equipment or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as part of any system prohibited by 2 CFR §200.216 and §200.471, or applicable provisions in Public Law 115-232 Section 889. XThe Contractor or Subrecipient hereby certifies that it does comply with the requirements of 2 CFR §200.216 and §200.471, or applicable regulations in Public Law 115-23 ection 889. SIGNATURE OF AUTHORIZED PERSON: . NAME OF AUTHORIZED PERSON: NAME OF COMPANY: tuft ��trwe��.C3 rra��r�rg�o�- �v�csi� iP DATE: SHARF, MSA 2022-063 Pavement Analysis and Related Services Page 32 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 1111A ❑ The Contractor or Subrecipient hZw,,by certifies that it cannot comply with the requirements of 2 CFR §200.216 and §200.471, or app ' able regulations in Public Law 115-232 Section 889. SIGNATURE OF AUTHORIZED PERSO NAME OF AUTHORIZED PERSON: NAME OF COMPANY: DATE: SHARE MSA 2022-063 Pavement Analysis and Related Services Page 33 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA DISCRIMINATION AGAINST FIREARMS ENTITIES OR FIREARMS TRADE ASSOCIATIONS This contract is subject to the Texas Local Government Code chapter 2274, Subtitle F, Title 10, prohibiting contracts with companies who discriminate against firearm and ammunition industries. TLGC chapter 2274, Subtitle F, Title 10, identifies that "discrimination against a firearm entity or firearm trade association" includes the following: A) means, with respect to the entity or association, to: I. refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; and II. refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or III. terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. B) An exception to this provision excludes the following: I. contracts with a sole -source provider; or II. the government entity does not receive bids from companies who can provide written verification. The entity identified below, through its authorized representative, hereby certifies that they have no practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and that they will not discriminate during the term of the contract against a firearm entity or firearm trade association as prohibited by Chapter 2274, Subtitle F, Title 10 of the Texas Local Government Code. XThe Contractor or Subrecipient hereby certifies that it does comply with the requirements of Chapter 2274, Subtitle F, Title 10. SIGNATURE OF AUTHORIZED PERSON: NAME OF AUTHORIZED PERSON: fL--- NAME OF COMPANY: IM4f tl�i2,oST72uc-GLtL[3 H4X24 • HW7 Sig"ICK, LP DATE: /iS%uu -OR- ❑ The Contractor or Subrecipient hereby certifies that it cannot 2274, Subtitle F, Title 10. SIGNATURE OF AUTHORIZED PERSON: NAME OF AUTHORIZED PERSON: NAME OF COMPANY: DATE: with the requirements of Chapter SHARE MSA 2022-063 Pavement Analysis and Related Services Page 34 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA BOYCOTTING OF CERTAIN ENERGY COMPANIES This contract is subject to the Texas Local Government Code chapter 809, Subtitle A, Title 8, prohibiting contracts with companies who boycott certain energy companies. TLGC chapter Code chapter 809, Subtitle A, Title 8, identifies that "boycott energy company" means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: I. engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel -based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; and 11. does business with a company described by paragraph (I). The entity identified below, through its authorized representative, hereby certifies that they do not boycott energy companies, and that they will not boycott energy companies during the term of the contract as prohibited by Chapter 809, Subtitle A, Title 8 of the Texas Local Government Code. `The Contractor or Subrecipient hereby certifies that it does comply with the requirements of Chapter 809, Subtitle A, Title 8. SIGNATURE OF AUTHORIZED PERSON: NAME OF AUTHORIZED PERSON: KSIEdg NAME OF COMPANY: DATE: $ 1S ZGtJ ❑ The Contractor or Subrecipient hereby certifies that it cannot comply with the requirements of Chapter 809, Subtitle A, Title 8. SIGNATURE OF AUTHORIZED PERSON: NAME OF AUTHORIZED PERSON: NAME OF COMPANY: DATE: SHARF, MSA 2022-063 Pavement Analysis and Related Services Page 35 of 35 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 28, 2023 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Devin Howland, Director of Economic Vitality DATE: November 10, 2023 SUBJECT: Washington Regional Medical Center Rail Road Crossing Completion RECOMMENDATION: 2023-1271 Staff recommends approval of a resolution committing $730,000 to complete the signalization and road work for the Futrall Drive Railroad Crossing. BACKGROUND: In May 2020, Mayor Jordan introduced the Futrall Drive Railroad Crossing item, a 2019 Transportation Bond Project, to City Council for consideration. The Arkansas Missouri Railroad requires the closure of an existing crossing if a municipality wishes to open a new crossing. City Council immediately tabled the item indefinitely after Council Members expressed concerns over which crossings would close in exchange. The item was returned to the Council in August, where it was tabled again after members of the City Council called for the removal of the funding for the signal and street work. Ordinance 6393 was adopted on December 15, 2020, authorizing Mayor Jordan to sign an agreement for up to $550,000 with the Arkansas Missouri Railroad. The ordinance included no funding for signalization or construction. In 2021, Washington Regional Medical Center (WRMC) purchased 15 acres of property within the Drake Farms Development (PIN: 765-15884-003 and 765-15773-003) and is preparing for their planned expansion. DISCUSSION: Three years after the item's initial introduction, staff suggests revisiting this project to fund the completion of the railroad crossing from the train tracks east to N Gregg Avenue and the signal reconfiguration work that WRMC needs to expand as they prepare for their next phase of construction at Drake Farms. About Washington Regional Medical Center: Washington Regional Medical Center is one of the most critical pillars of the City of Fayetteville's economy. Beyond their continued recognition as the #1 hospital in Arkansas for the third year in a row by the U.S. News & World Report, our hospital employs thousands of residents and keeps our community healthy. In 2022, WRMC performed nearly 27,000 surgeries as well as treated nearly 63,000 urgent care visits and 54,000 emergency room visits. Project Details: The WRMC Railroad completion project includes the road work east of the train tracks to N Gregg Avenue and Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 includes two primary parts: • Completing road work to connect the crossing to N Gregg Avenue along with safety guards. Staff proposes covering the estimated cost of $118,000 with Transportation Bond funds. • Reconfiguring the signal at Futrall Drive and N Gregg Avenue. Signal reconfiguration is estimated at the contractor price of $609,000, an amount that staff will explore lowering through the utilization of City crews and other means. Any costs related to the crossing completion over the $730,000 appropriated by this Resolution will be the responsibility of WRMC. Economic Benefits: WRMC will expand across their new property over a series of phases. The following estimates were provided to staff and City Council in 2020 and do not account for inflation -related cost escalation that has undoubtedly increased anticipated construction costs: • Phase 1: 100,000 square feet with 150 new full-time employees and capital investment of $35M • Phase 2: 250,000 square feet with at least 600 new full-time employees and capital investment of $85M The City and region will benefit greatly from the additional Graduate Medical Education programming, which can be supported through this expansion project. WRMC and the University of Arkansas for Medical Sciences (UAMS) have received accreditation for a new internal medicine residency program that kicked off in July 2023. The program will create approximately 92 residency slots in Northwest Arkansas by 2030, providing long-term economic benefits as healthcare professionals have a higher probability of staying in the local labor market where their residency is completed. BUDGET/STAFF IMPACT: $730,000 in 2019 Street Projects Bond Funds. The Public Works Department's staff time will be utilized for the reconfiguration of the signal at Futrall Drive and Gregg Avenue. ATTACHMENTS: SRF (#3), Futrall Crossing Exhibit (#4), Futrall Crossing Cost Estimate (#5), Letter From WRMC COO (#6), Ordinance 6354 (#7), Ordinance 6393 (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1271 Washington Regional Medical Center Rail Road Crossing Completion A RESOLUTION TO EXPRESS THE INTENT OF THE CITY COUNCIL TO COMMIT $730,000.00 TO COMPLETE THE SIGNALIZATION AND ROAD WORK FOR THE FUTRALL DRIVE RAILROAD CROSSING WHEREAS, on December 15, 2020, Ordinance 6393 was adopted authorizing Mayor Jordan to sign an agreement for up to $550,000.00 with the Arkansas Missouri Railroad for the construction of a new railroad crossing at North Futrall Drive and North Gregg Avenue but included no funding for signalization or construction; and WHEREAS, in 2021, Washington Regional Medical Center purchased 15 acres of property within the Drake Farms Development and is preparing for a planned expansion that will be served by this crossing; and WHEREAS, staff recommends funding the completion of road work to connect the railroad crossing from the train tracks east to North Gregg Avenue and the signal reconfiguration work at Futrall Drive and North Gregg Avenue. 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 expresses its intent to commit $730,000.00 of 2019 Transportation Bond funds to complete the signalization and road work for the Futrall Drive Railroad Crossing.. Page 1 Devin Howland Submitted By City of Fayetteville Staff Review Form 2023-1271 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/10/2023 ECONOMIC DEVELOPMENT (050) Submitted Date Division / Department Action Recommendation: Approval of a resolution committing $730,000 of Street Projects bond funds towards the completion of the road and signal work at the Futrall Railroad Crossing to support the Washington Regional Medical Center expansion. Budget Impact: 4702.860.7220-5809.00 Street Projects 2019 Bonds Account Number Fund 46020.7220 Futrall/Gregg and Shiloh/Gregg RR Crossings Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,094,189.00 $ 536,104.03 $ 558,084.97 e. 558,084.97 Previous Ordinance or Resolution # Approval Date: V20221130 � � © � ■ i __ \ ! i \� � # i )§ k - i -- i 22 §- - �� \\ �� i § \,�\ §_ i { � ƒ i «f - -_: � \� � (� i � � � �� ~ +� ' § § ° � I j\\�` ) §; �~ � � � j � _ � , � � � � %}\ � � � � � 7)^ � � i i � � ' \ ! ; � | � �� .� � A I �__ � ! . .. �. � .�� I � , : � � { _ / �} $ � � � \ §� � � } � � � } . _ � �¥ S « � � ! ,1�.� � & ' �i • k � _ ■ �/� ��,\y_. ` }- �� § /j)k ! \ � % ��%4 \2 � � � /2�a °}}} � A� \gig � k {�� | � � � � � a �� . } ` � � � — � \§� � � > ; , [ �| ;� |k@<i� k\\}§§ � � � | \ 2 isaƒ@ � | § i ■ a i *�! � �E ■ Kf i _ � � I \ §> � i � | i I � I I � I � ' � - k § : ¥ i : ; ° �§� ; ; � ;�) : � &��;� $ � ! � 2 3 t; \ � k ,! �I f{ »{�j�}�(}2 ! , � ) } , } � � » \ ! } # k ! | | / ° ƒ } 2! !§!f2l,�(|,\7 Drake Farms RR Crossing Budget NA201Z Nabholz Construction Corporation Civil Rogers, AR Contact: Justin Relic Phone: 501.889.4501 Ernail: justin.bellc@nabholz.com Quote To: Project Location: Fuh'all Drive Fayetteville, AR Entrineer: CEI Attention: Date of Plans: 06.01.2023 Phone: Geotech: Ernail:. Date of Report: ITEM- DESCRIPTION QUANTITY UNIT UNIT PRICE /\'vl()l'N I' Futrall and Greg Intersection Erosion Control 110 Straw Wattles 140.00 LF 8.79 1,230.60 Erosion Control Subtotal 1,230.60 Demolition 210 Sidewalk Demo 936.00 SF 1.58 1,478.88 215 Curb and Gutter Demo 130.00 LF 8.90 1,157.00 Demolition Subtotal 2,635.88 Earthwork 310 Cut to Fill 90.00 CY 31.08 2,797.20 320 Import Select Fill 283.00 CY 35.07 9,924.81 330 Fine Grade Structural Site 4,500.00 SF 0.41 1,845.00 335 Fine Grade Non -Structural Site 3,500.00 SF 0.36 1,260.00 350 Topsoil w/ Existing Material 70.00 CY 24.14 1,689.80 Earthwork Subtotal 17,516.81 Storm Drain 405 18" RCP 90.00 LF 130.49 11,744.10 430 18" RCP FES _ 2.00 EA 1,118.23 2,236.46 Storm Drain Subtotal 13,980.56 Water Line 5 [01 Raise Fire hydrant 1.00 EA 1,708.421 1,708.42 Page 1 of 3 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 520 Encase 18" Waterline w/ Steel Casing ??? 485.00 LF Waterline Subtotal 1708.42 Paving 705 Asphalt Paving 3" 216.00 SY 57.07 12,327.12 710 Curb and Gutter 263.00 LF 30.44 8,005.72 715 Class 7 Base 8" 275.00 SY 13.74 3,778.50 720 Concrete Sidewalk 30.00 SY 97.66 2,629.80 725 HC Ramps 102.00 SF 24.35 2,483.70 730 Class 7 Base 4" Concrete 30.00 SY 8.49 254.70 740 Concrete Trail 185.00 SY 122.85 22,727.25 745 Class 7 Base 4" Concrete 185.00 SY 8.53 1,578.05 750 Striping / Signage 1.00 LS 15,827.98 15,827.98 760 Traffic Signal 1.00 LS 608,768.50 608,768.50 780 Railroad Signal (by others) Paving Subtotal 678,381.32 Misc 810 M.O.T 1.00 LS 9,13L53 9,131.53 820 Type 3 4' Barricades 3.00 EA 608.77 1,826.31 Misc Subtotal 10,957.84 Futrall and Greg Intersection Subtotal 726,411.43 Erosion Control 005 Silt Fence 140.00 LF 8.79 30.60 101 -aw Wattles 110.00 LF 8.78 965.80 1012 Big Red-,,35.00 LF 21. 760.90 1015 Construction ►t ce 1,000.00 SF 4.37 4,370.00 1020 Inlet Protection 2.00 EA 639.83 1,279.66 1025 Check Dams 20.00 LF 69.16 1,383.20 1030 Concrete Washout 1.0 A 1,061.05 1,061.05 1035 Tree Protection .00 LF 8.52 1,192.80 1040 SWPPP Board 1.00 EA 1,339.29 1,339.29 1050 SWPPP Monitoring/ Inspect I.00 LS 1,339.29 1,339.29 1060 Seading 1,00 SY 1.52 1,520.00 Erosion Control Sub 16,442.59 ►olitiun 2010 Tree 8" to 14"-pd,110 19.00 EA 1,32374 25,151.25 2015 Fence D o 280.001 LF 1 3.59 ,985.60 Demolition Subtotal z Page 2 of 3 m:> Washington Regional November 8, 2023 Dear Mayor Jordan, Washington Regional Medical System is planning to expand its campus in Fayetteville to meet the growing health care needs of Northwest Arkansas. In 2021, Washington Regional acquired approximately 15 acres and an option to purchase an additional 25 acres in the Drake Farms development in Fayetteville, which is adjacent to the hospital campus. Our medical center campus at North Hills opened in 2002 with 345,000 square feet of space. In less than 20 years, it has grown to over 724,000 square feet, and we are unable to expand any further. The property at Drake Farms will allow Washington Regional to plan for the next 25 years of growth by optimizing our medical center campus for higher acuity services and offering outpatient and lower acuity services at our expanded campus at the Drake Farms property. Washington Regional currently employs over 3,400 team members which is a 95% growth in our workforce since 2012. Our team provides care in over 50 clinic locations and 125 departments of the hospital. We were able to serve nearly 190,000 unique patients this past year. In providing this exceptional care, we were able to provide over $25 million dollars of care in community benefit. We are proud of these accomplishments, which recently earned us the ranking of #1 hospital in Arkansas by U.S. New & World Report for a third consecutive year. Washington Regional's mission is to improve the health of people in the community we serve through compassionate, high -quality care, prevention and wellness education. We truly are the leading health care system in Northwest Arkansas ---- the best place to receive care and the best place to give care. After consulting with and concurrence from your staff, your support of the Washington Regional Crossing Completion is appreciated and critical for the success of this regional development. Thank you and the City Council for this opportunity. Sincerely, Birch G. Wright, MPA Chief Operating Officer and Administrator Washington Regional Medical System 3215 N. Northhills Blvd. I Fayetteville, AR 72703 1479.463.1000 1 wregional.com 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6534 File Number: 2022-0086 AMEND ORDINANCE NO. 6393: AN ORDINANCE TO AMEND ORDINANCE NO. 6393 BY REMOVING SECTION 3, WHICH REQUIRES DEVELOPMENT APPROVAL AND THE POSTING OF A BOND BEFORE THE MAYOR CAN SIGN THE AGREEMENTS FOR THE NEW RAILROAD CROSSING AT FUTRALL DRIVE AND GREGG AVENUE WHEREAS, on December 15, 2020, the City Council approved Ordinance No. 6393 authorizing and agreement with Arkansas and Missouri Railroad for a new railroad crossing at Futrall Drive and Gregg Avenue; and WHEREAS, Section 3 of this ordinance provides: "Execution of these agreements shall be authorized upon development approval of a preliminary plan or large scale development for the first phase of development with a minimum of 100,000 square feet of commercial employment space, with posting of a bond to secure the construction of a connecting roadway to railroad crossing"; and WHEREAS, Washington Regional Medical System has purchased 15.22 acres adjacent to this proposed new crossing with the option to purchase an additional 25 acres in that area but it will be several months before plans will be ready to submit for development review; and WHEREAS, Washington Regional has requested that the City Council remove the requirements of Section 3 of this ordinance to allow the City to move forward with the permitting and construction of the new railroad crossing prior to the development approval of the hospital expansion and without the posting of any bond. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Printed on 2116122 Ordinance: 6534 File Number: 2022-0086 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance No. 6393 by removing Section 3. PASSED and APPROVED on 2/15/2022 Attest: +1'01 f1111i1Irr1 . V • ■ Kara Paxton, City Clerk TreasureE SON` `4tr\N", Page 2 Printed on 2116122 Of FAY ETTE. J � ti ! ra' pi... 4RKANS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6393 File Number: 2020-0414 ARKANSAS AND MISSOURI RAILROAD FUTRALL DRIVE AND GREGG AVENUE - 2019 TRANSPORTATION BOND PROJECT: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT AND AN EASEMENT AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A NEW RAILROAD CROSSING AT FUTRALL DRIVE AND GREGG AVENUE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,820.86, AND TO APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST OF $550,000.00 WHEREAS, the extension of Futrall Drive has long be a part of the Master Street Plan to provide an additional access to approximately 150 acres of undeveloped property west of the railroad tracks, east of Garland Avenue, and north of Drake Street; and WHEREAS, Arkansas and Missouri Railroad (AMRR) presented two agreements to the City, one for the construction and maintenance of a new railroad crossing and the second an easement agreement; and WHEREAS, pursuant to the terms of the New Railroad Crossing Cost and Maintenance Agreement, the City will reimburse the AMRR for the full cost of labor and materials for installation of the crossing signal, panels, and appurtenances necessary for a fully operational crossing, which is estimated to be $519,179.14; the City agrees to close the existing unimproved crossing at Jocelyn Lane and Gregg Avenue; the City will pay a yearly maintenance fee of $7,500.00, increasing by 2.5% per annum or by the yearly increase in the Consumer Price Index (whichever is greater), for basic maintenance and wear and tear; and the City and AMRR agree to equally share the cost of repairs or major maintenance; and WHEREAS, the Easement Agreement establishes the terms of the City's perpetual use of the AMRR Page 1 Printed on 12117120 Ordinance. 6393 File Number.2020-0414 property for the crossing includinu a requirement that the Cite maintain an insurance policy in the amount of $15 million; and WHEREAS, it is not feasible or practical to competitively bid such a project because the land over which the crossing is proposed is owned and controlled by the Arkansas and Missouri Railroad, which has the sole power to authorize and construct new crossings; and WHEREAS, AMRR has requested an amendment to the Railroad Crossing Cost and Maintenance Agreement for the new crossing at Shiloh Drive and Gregg Avenue, which was authorized by Ordinance 6348 on August 18, 2020, to change the maintenance fee adjustment from 2% per year to 2.5% per year or the annual increase in the Consumer Price Index, whichever is greater. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign the New Railroad Crossing Cost and Maintenance Agreement and Easement Agreement with Arkansas and Missouri Railroad for a new railroad crossing, and further approves a project contingency in the amount of $30,820.86 for a total estimated project cost of $550,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance. Section 3: Execution of these agreements shall be authorized upon development approval of a preliminary plan or large scale development for the first phase of development with a minimum of 100,000 square feet of commercial employment space, with posting of a bond to secure the construction of a connecting roadway to railroad crossing. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign an amendment to the Railroad Crossing Cost and Maintenance Agreement for the new crossing at Shiloh Drive and Gregg Avenue, which was authorized by Ordinance 6348 on August 18, 2020, to change the maintenance fee adjustment from 2% per year to 2.5% per year or the annual increase in the Consumer Price Index, whichever is greater. PASSED and APPROVED on 12/15/2020 Page 2 Printed on 12117120 Ordinance: 6393 File Number: 2020-0414 Page 3 Attest: tlfll////� GOER K / TR �!i,1 �:�J•• G1TY 0* .-1 , rn Kara Paxton, City Clerk Treasufrr �z •• 9 '141 iON�ii01►►�0"* Printed on 12117120 SpeedStatHour-31 Page 1 SpeedStatHour-31 -- English (ENU) Datasets: Site: Attribute: Direction: Survey Duration Zone: File: Identifier: Algorithm: Data type: Profile: Filter time: Included classes Speed range: Direction: Separation: Name: Scheme: Units: In profile: MetroCount Traffic Executive Speed Statistics by Hour [College] Between 4th and MLK 503 0 - Unused or unknown. Lane: 0 15:04 Monday, November 2, 2020 => 14:46 Wednesday, November 4, 2020, College 0 2020-11-04 1446.EC0 (Plus ) DD799A8Z MC56-1-5 [MC55] (c)Microcom 19Oct04 Factory default axle (v5.07) Axle sensors - Paired (Class/Speed/Count) 16:00 Monday, November 2, 2020 => 14:00 Wednesday, November 4, 2020 (1.91667) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 5 - 100 mph. North, East, South, West (bound), P = ???, Lane = 0-16 Headway > 0 sec, Span 0 - 300 ft Default Profile Vehicle classification (Scheme F3) Non metric (ft, mi, ft/s, mph, lb, ton) Vehicles = 1821 / 1918 (94.94%) SpeedStatHour-31 Page 2 SpeedStatHour-31 Site: Description: Filter time: Scheme: Filter: Speed Statistics bV Hour College.O.OX Between 4th and MLK 16:00 Monday, November 2, 2020 => 14:00 Wednesday, November 4, 2020 Vehicle classification (Scheme F3) Cls(1-13) Dir(NESW) Sp(5,100) Headway(>O) Span(0 - 300) Lane(0-16) Vehicles = 1821 Posted speed limit = 40 mph, Exceeding = 49 (2.691 %), Mean Exceeding = 43.98 mph Maximum = 59.3 mph, Minimum = 5.9 mph, Mean = 28.9 mph 85% Speed = 33.97 mph, 95% Speed = 38.25 mph, Median = 28.41 mph 10 mph Pace = 23 - 33, Number in Pace = 1308 (71.83%) Variance = 26.84, Standard Deviation = 5.18 mph Hour Bins (Partial days) Time I Bin I Min I Max I Mean I Median 1 85% 1 95% 0000 1 21 1.153% 1 22.0 1 39.9 1 30.1 1 29.3 1 35.3 1 39.7 1 0100 1 18 0.988% 1 19.3 45.4 31.8 32.2 40.4 45.4 0200 1 16 0.879% 1 5.9 39.7 1 29.9 31.3 38.5 39.7 1 0300 1 10 0.549% 1 22.7 37.7 30.2 30.0 35.9 37.7 0400 1 16 0.879% 1 22.2 38.1 1 30.3 30.1 1 36.4 1 38.1 1 0500 1 61 3.350% 15.0 39.1 28.9 28.7 34.3 37.4 0600 1 68 3.734% 20.3 46.6 31.4 1 31.4 1 36.8 38.6 1 0700 1 156 8.567% 14.8 49.3 32.0 31.3 38.4 41.9 1 0800 1 116 6.370% 16.0 59.3 31.7 1 30.5 38.1 1 45.8 1 0900 1 92 5.052% 16.2 47.1 27.9 27.3 31.1 37.3 1 1000 1 84 4.613% 17.6 37.3 26.8 27.0 30.8 32.7 1 1100 1 130 7.139% 19.0 45.1 27.0 26.7 30.2 32.2 1 1200 1 127 6.974% 17.7 34.6 26.9 27.5 30.1 31.9 1 1300 1 95 5.217% 18.5 46.0 27.4 27.3 30.7 33.7 1 1400 1 49 2.691% 19.4 31.4 26.1 26.2 28.9 31.1 1 1500 1 44 2.416% 13.9 32.3 25.5 26.2 29.6 32.1 1 1600 1 160 8.786% 15.1 1 41.0 28.8 28.3 34.3 37.7 1 1700 1 173 9.500% 18.2 46.9 29.0 28.6 33.7 37.4 1 1800 1 118 6.480% 17.1 1 49.9 29.0 28.7 33.8 36.9 1 1900 1 70 3.844% 17.9 41.6 29.1 29.3 33.0 36.8 1 2000 1 65 3.569% 20.2 1 41.3 29.5 29.6 35.3 38.9 1 2100 1 45 2.471% 14.9 1 44.4 30.3 1 29.3 1 37.2 1 42.7 1 2200 1 49 2.691% 18.4 1 38.3 27.8 1 28.3 1 32.7 1 35.0 1 2300 1 38 2.087% 19.3 1 44.9 31.8 1 30.1 1 39.9 1 42.5 ---- 1 1821 100.0% 1 5.9 1 59.3 1 28.9 1 28.4 1 34.0 1 38.3 1 >PSL 40 mph 0 0.000% 2 11.11% 0 0.000% 0 0.000% 0 0.000% 0 0.000% 1 1.471% 14 8.974% 9 7.759% 2 2.174% 0 0.000% 1 0.769% 0 0.000% 1 1.053% 0 0.000% 0 0.000% 1 0.625% 1 0.578% 5 4.237% 1 1.429% 2 3.077% 4 8.889% 0 0.000% 5 13.16% 49 2.691% CITY OF FAYETTEVILLE ARKANSAS TO: Chris Brown, Public Works Director City Council Transportation Committee THRU: Chris Brown, Public Works Director FROM: Dane Eifling, Mobility Coordinator DATE: 21 November 2023 SUBJECT: South College Ave Traffic Calming STAFF MEMO RECOMMENDATION: Staff recommends forwarding plans for traffic calming on South College Ave to the City Council's Transportation Committee for final review/approval. BACKGROUND: Residents of S College Ave requested traffic calming measures to be taken by the City to address neighborhood speeding on the street. Additionally, City staff has recommended traffic calming on S College Ave as part of the M.L.K. Walkability Area identified in the 2018 Mobility Plan. A traffic study was conducted which indicated that traffic speeds and volumes did meet the 35-point requirement of the City's policy by scoring 44.5 points. Residents of the street voted to approve the proposed locations of two speed cushions between 4th Street and 51h Street. DISCUSSION: S College Ave is classified as an "Urban Center" street which is eligible for traffic calming under the City's policy. Due to the relatively higher speed and volume of traffic on this street staff is considering using a lengthened 10.5' x 6' configuration for speed cushions that is expected to make the bumps somewhat less abrupt for drivers when compared to other recent 7'x6' installations. BUDGET/STAFF IMPACT: $2,078.00 - estimated material cost Attachments: Speed and Volume Study Report Neighborhood Petitions Speed Cushion Location Plan Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • 405 S COLLEGE AVE D 401 S COLLEGE AVE __ - 88 E 4TH ST p SOUTH COLLEGE AVE 319 S COLLEGE AVE INSTALL ' Y (1) SPEED CUSHION SIGNS r N ,I ^ SURVEYED BY. 40 0 40 DRAWN BY: LIVA DESIGNED BY: - DE Scale: 1 " = 40' `� m O _� - - 307 S COLLEGE AVE u) p 48 E SOUTH ST Q _ C J _ z LLu ii (D / Cn INSTALL (2) SPEED CUSHIONS - SOUTH COLLEGE AVE STA � CUSHION �� I � ! • (1) SPEED CUSHION 316 S COLLEGE 376 S COLLEGE AVE SOCOLLEGEAVE 312 S COLLEGE AVE 308 S COLLEGE AVE 04 S COLLEGE AVE 4324 -a - �, � �i r`, ter- �j_ � �• • �� , 302 S COLLEGE AVE SOUTH COLLEGE AVE SPEED CUSHION DETAIL DIMENSION OF ONE SPEED CUSHION: TLx6'Wx3"H LLI �... =) C U J N J ALL 00 Lu U) N o _ � 0 Id, R O N a O w a_ 238 S C REVISED D 0 O c U) JT ONLY Z O >W w — x LL Q 0 F- OF-zLU Z F_}Y O z UQLQ z o L rj,- 2 LLJ 4 FA LLJ Z M m Z .. L. J DATE: Aug 28, 2023 SHEEP: A DRAWING: South College Ave OV r- rt O r,r O 3 H Q m OI 0 3 m m IV CL 0. m m m a 0 I 0 m av nt r+ c m m 0 i m s O �: =--I n%Q r- rs CL 0 N rc - p 3 o on (DD G G rn � cr �- m r* CD fD 4�b N ID fD as 3 CL to 3 rip r-r a W N W I-� W O N t0 N 00 N V N O1 N tJ7 N Ap N W N N N !-� N O !-� 1p F--� 00 F-� V 1-� !� Ln ►-� �pW i-� W Y N �R O IsN R N Q om cn V �cmn 0p0 tW0 NW W Obi (A n 0 (A n 0 V1 n 0 CA n 0 (A n 0 (A n 0 (/f n 0 CA n 0 CIS n 0 (A n 0 (A n 0 i Ln n 0 I N n 0 i w n 0 (A n 0 I (A n 0= � -i (A n 0 I (A n 0 (/1 n 0 I CA n 0 r r m G) r r m G) r r m C) r r m G) r r m Cj) r r rn G) r r m G) r r rn G) r r rn Gl r r m G) r r rn M r r m M r r m O r r m O r r m M r r rn M N m m m m m O r rn O r rn m m D m m D m m D m m D m m D m m D m m D m m D m m D m m D m m A m m D m m A m m D m m D m m D m m D m m D m m D m m D m to N � � J tS r kfl I �eI I I I CITY OF FAYETTEVILLE ARKANSAS TO: Chris Brown, Public Works Director City Council Transportation Committee THRU: Chris Brown, Public Works Director FROM: Dane Eifling, Mobility Coordinator DATE: 21 November 2023 SUBJECT: Elizabeth Ave Traffic Calming STAFF MEMO RECOMMENDATION: Staff recommends forwarding plans for traffic calming on North Elizabeth Ave to the City Council's Transportation Committee for final review/approval. BACKGROUND: Residents of N Elizabeth Ave requested traffic calming measures to be taken by the City to address neighborhood speeding on the street. A traffic study was conducted which indicated that traffic speeds and volumes and the lack of sidewalks on Elizabeth Ave did meet the 35- point requirement of the City's policy by scoring 36.4 points. DISCUSSION: The City's original proposal for traffic calming on Elizabeth Ave included seven set of speed cushions and did not receive the required 60 percent approval from the streets' residents. The design was reduced to three sets of speed cushions and has received the 60 percent approval required by the policy. BUDGET/STAFF IMPACT: $6,235.00 - estimated material cost Attachments: Speed and Volume Study Report Neighborhood Petitions Speed Cushion Location Plan Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 a 250 0 250 ��&11 W� — Scale: 1 " = 250 INSTALL (3) SPEED CUSHIONS PROPOSED LOCATIONS SUBJECT TO CHANGE BASED ON RESIDENT INPUT PRIOR TO TRANSPORTATION COMMITTEE APPROVAL. FINAL LOCATIONS MAY CHANGE SLIGHTLY DURING INSTALLATION TO NOT CONFLICT WITH DRIVEWAYS. STREET CHANGES FROM SPEED _ 28' WIDE (EAST/WEST) TO ., , CUSHION- 31' WIDE (NORTH/SOUTH) INSTALL INSTALL (3) SPEED CUSHIONS (2) SPEED CUSHION a. SIGNS EXISTING STOP SIGNS ON ELIZABETH AVE AT INTERSECTION WITH OAKS MANOR DR INSTALL (3) SPEED CUSHIONS 2f25,`r SURVEYED BY: .• .. DRAWN BY: UVA V. DESIGNED BY: DE f r � z y Q O J � LJJ z > Q = Q � SPEED Co m O CUSHION U W 00 � INSTALL L N (2) SPEED CUSHION Lu J J SIGNS U) W J d p Z 2 I Lu C7 0 z -- - --- a J 0 � Q � I 2 ra. e Y II� Z — REVISED MA 31' STREET WIDTH 6' 2. ' 4' 2 2 4' SPEED CUSHION DETAIL DIMENSION OF ONE SPEED CUSHION: TLx6'Wx3"H Z - J > F 3 > w LL�Q C N OH-zLLI z Y CD z U LLL< o Lij LLJ IL Z .. )ATE: Jan 09, 2023 ;HEET: 001 )RAWING: Elrza6alh Arc imp Calming Lqo l 4M a c o _ !c6 C C ° 4� W (n 0 N N c � E .� 0 o ° v tx m c= O O r� ru U -� O N �M v 'zj 4�Ul m� _ GJ Q1 �, Ln E Q :E Ln cu Z U D aJ N i ,_ ° 4-1 Z cLn w cn rn c a , c c O 4- an 4a c av -6 a v O _ E - Q (6 U U L `n f' M a)O C- Q in O U H d 0 Ci v M c en O � a Q Q 0 0 0 0 0 Q Q Q Q Q Q Q Q Q Q Q Q _N to V1 In to (n !n O Q Q > > > > > > a o 0 0 0 0 0 v a a C a Q n Q L Q a i Q Q U CN C a'' N T � E m "S — z L 4- J n s 3 a a a a a a `) _ _ _ _ _ _ w w w w w w <o a N N N N N N J W J W J W J W J W J W Z Z Z Z Z Z m o --I r- Ul r-I a) Ln r- ) N Ln N N N Ln N Ln N *k ,1 N m in lD J r � co inO S ` p Q O p O v > o CL a, > O v > O a) > O v > O ) , a) a) au aav a > > > > > > O O O O O O L L L L a) a) > > O O L L (J > O L a) > O L a) > O L a) > O L 0-L N O_ Q f9 N L O_ CL f6 N L O_ Q m N L O_ Q. cc N L L Q Q O_ Q Q a 0- CL CL CL CL CL m (0 m m f0 f9 N N N N N_ N Q O_ CL a- m (a N N Q Q f0 _N Q Q m N Q Q m N a. Q (6 N > 0 0 0 0 0 0 0 0 O- > OO QQ > �" > O A Q' > O L CL > > > > > O O O O O j>-O L L L L Q Q O_ O_ Q > > O O L L Q Q > O L Q ��> O L O_ >O OCLL Qu L a a a a a a a a U E m z p li }� -� ..—� N L iz r1 J 0 d t C z 61 pi W > ¢ W > ¢ W > a W > ¢ W W W W W W > > > > > a ¢ a a ¢ a W > LU ¢ W > a 0 W W J U W > a W > a N -O O W m a N I— W m a N I— W m a N W m a N �- �- �- W W W W W W m m m m m m ¢ a a ¢ a s N N N N N N = W �- m m ¢ a N W m a N_ O 0 w W m ¢ N W m a N J W Z J W Z J W Z J W Z J J J J J J W W W W W W Z Z Z Z Z Z N J J W W Z J W Z W J W Z J W Z M l0 Ln N c-I Ln N N O Ln N 'C* O Ln N 00 00 I" O z 0) O 1-1 N N cn I� Ln Ul U1 Ln Ln Ul N N N N N fV M 00 00 Ul Ln N fV I- 00 Ln rq Ln rl M ri -1 ri l0 N rM N lD fV k I� 00 Ql o e i N m �n i-I c-I e i c I ri 'D 00 c I t rn ci lo N N N N i► ..2 N a) > a1 a1 aJ w aJ aJ w aJ aJ a ai w a w O a w w w w a O L O L O L O L O L O L O L O L O L O L O L O L O L O L O L O L O L O L O %- O L a (o �n a a a a a a a a a a a a a a a a a a a a a a a a a a a a a Q. a a a a a a a a a a 0 VI N N N rn V1 _N N_ V1 N N V2 VI Vf tN N VI N L" 0 O Q >> O a O CL >> O a w O a > > O a > O a aJ >> O ) O a a > O a > O a > O aCL O >> wQ O a Q a Q a Q a Q a Q a a Q a Q Q>QQ a a Q U' ro Z n VX' 21 Z +l Ul d J //�� ? LU LU LU LU LU LU W LU W w W 0 w Lu LU W U Q _ a _ Q _ a _ a _ a _ a _ a _ Q _ Q _ a = 0 z 0 Z a = 0 Z aUl) M z a = a _ H LU m i- LU m F- LU m I— LU m H LU m H LU co w J Q H LU co f— LU m F LU m I— LU co E- LUcc co Q G Q cc G W m Q c G mW 0 :E I— LU m H LU CD o Q a N a N a N a N a N a N o .� J a N a N a N a N a N Ln Y Ln Y a N Ln Y a N W U) a N a N J W J W J W J W J W J W = J W J W J W J LU J LU0 Q Q 0 J W Q 0 J LU 0 cr- J LU J LU Z Z Z Z Z Z W Z Z Z Z Z W W Z W Z W Z Z M N lD Ol Ln lD ro r� lD .--I O I- 1- r-1 r- U') m r- N rn lzt Ql ''t N lD tD n r� 1.0 r- O 1- t\ .--I 00 (` M Ln M c-1 O cn m I O 00 LD lD M Ln N 00 Ql 'T lo Ln ct1 00 O tD 00 *k M N %:t fV Ln N l0 fV I- N 00 N Ol N O M 1 M I N M M M zt M Ln M lD M r- (M 00 M 01 M 0 CT �-I N O M a) bo ro a. 1.0 r 0 0 0 O O O O O 0 a a a a a a a a a a a a a a a a a 0- ro ro ro ro ro m m ra m > O L > O L > O L O L O L l 0 L rl\ > O L > O L > 0 L a a a a a a a a a a a a a a a a (a. la a a a a a � T o V ,lJJ a¢ a a a a a a a L LU LU LU LU LU LU LU W W W W W W W W W a a a a a a a a a N N N N N N N N N J W J W J W J W J W J W J W J W J W z rr) z r-I z r z r\ z N z z m z c-I z� K Ln 00 NN 00 00 N 00 N QOl N Ln N l0 N M ul l0 Il- 00 m O Ict IZI- It I;t It It Ln u1 r-I M 0 a ro 0-0 N a) E O 4- (J a) v N a) L 4- ro N 4- 0 N E O C 11P Ua// - .` •, 12' Wide Trail E Y ,Z Construction " By City _ Install illuminated No I Right Turn on Red during pedestrain cycle ,TTSA LA O-.T,RML,_' �. 1 J -R Continue 10 foot wide side path with 6 feet of green space separation to western Existing 12 foot wide trail to remain. Include trafficscapes decorative brick thermoplastic crosswalk with 24" thermoplastic each side with crosswalk lighting Include Ped button in j• refuge extent of project. Include Include Fayetteville ( construction of 12 standard colored foot wide side concrete crosswalks path with 10 foot with 16 foot offset at green space driveways. (By separation. ARDOT) 4 Include City Connect to standard colored Existing 12 Foot ' concrete wide Trail crosswalk. 12' wide trail h Existing f %' • era .• . ••� J ��., Ill_ � ! A � J1111111- M • ..� �R' > 12' wide trail I rl, construction by city in the future -A. Exhibit A 2/28/23 d 1 foot shared use path 6 foot green spacewith separation i; Ilil 'DO f i I I I i I .�y�•&�� .� �••�� wrl �•�� IQ I �1Y1 I t Y i qR B eb Ail Includepy" „ construction of 10 J foot wide side Q path with 6 foot /M do tY green space f— ' separation i ll J w Paid by City NO % � w 41 �• ,, o. 4 10'Wide Trail i,� fry Construction By City %A�, CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 28, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager DATE: November 15, 2023 SUBJECT: Carbon Reduction Program Grant for Safe Routes to School Plan RECOMMENDATION: 2023-1284 Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for a Safe Routes to School Plan for Fayetteville Public Schools made possible through the Northwest Arkansas Regional Planning Commission - Carbon Reduction Program (CRP) and approving a budget adjustment to recognize $100,000.00 in federal -aid funding and $12,500.00 from Fayetteville Public Schools and authorizing the Mayor to sign additional grant documents as necessary. BACKGROUND: The 2021 Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58), also known as the "Bipartisan Infrastructure Law" (BIL), came into law. The BIL authorizes a new Carbon Reduction Program (CRP) codified at 23 United States Code (U.S.C.) 175 to reduce transportation emissions. In August 2023, City staff applied for and was awarded $100,000 in (CRP) to fund 80% of the cost of a Safe Route to School Plan for Fayetteville Public Schools. DISCUSSION: Fayetteville Public Schools, with more than 10,000 enrolled students, generate more than 3.5 million commuting trips every year. These account for a large portion of the daily transportation demand on Fayetteville's streets, sidewalks and trails. Goals for the Safe Route to School Plan are to include survey and GIS data analysis for each of FPS' 16 campuses, recommendations for infrastructure improvements, identifying funding opportunities, benchmarking and goals for increasing the number of parents, students, faculty and staff commuting to and from school using active modes of transportation such as walking and biking. BUDGET/STAFF IMPACT: The City of Fayetteville has been awarded $100,000 in federal -aid funding by the Northwest Arkansas Regional Planning Commission through the Carbon Reduction Program. The required 20 percent match is being provided through a joint partnership between the Fayetteville Public School District and the City of Fayetteville each providing $12,500 to meet the $25,000 total match requirement. Fayetteville's funding for the match has been budgeted through general funds in the Mobility / Trail Improvements program. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF (#3), BA (#4), FPS Letter of Support (#5), ARDOT CRP Packet (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1284 Carbon Reduction Program Grant for Safe Routes to School Plan A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR A SAFE ROUTES TO SCHOOL PLAN FOR FAYETTEVILLE PUBLIC SCHOOLS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, in August 2023, City staff applied for and was awarded $100,000.00 through the Carbon Reduction Program to fund 80% of the cost of a Safe Route to School Plan for Fayetteville Public Schools; and WHEREAS, the required 20% match is being provided through a joint partnership between the Fayetteville Public School District and the City of Fayetteville each providing $12,500.00 to meet the $25,000.00 total match requirement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign an agreement of understanding with the Arkansas Department of Transportation, a copy of which is attached to this Resolution, for a Safe Routes to School Plan for Fayetteville Public Schools and any additional grant documents as necessary to receive the funds for this project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing the grant funds and the $12,500.00 contribution from Fayetteville Public Schools. Page 1 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2023-1284 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/15/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for a Safe Route to School Plan for Fayetteville Public Schools and authorizing the Mayor to sign additional documents as necessary through the Carbon Reduction Program (CRP) and approving a budget adjustment to recognize $100,000.00 in federal -aid funding and $12,500.00 from Fayetteville Public Schools. Budget Impact: 1010.090.6600-5314.00 General Fund Account Number Fund 32307.2301 Carbon Reduction Program Grant - Safe Routes to School Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 125,000.00 125,000.00 V20221130 Previous Ordinance or Resolution # 115-23 Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2023 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for a Safe Route to School Plan for Fayetteville Public Schools and authorizing the Mayor to sign additional documents as necessary through the Carbon Reduction Program (CRP) and approving a budget adjustment to recognize $100,000.00 in federal -aid funding and $12,500.00 from Fayetteville Public Schools. COUNCIL DATE: ITEM ID#: 12/5/2023 2023-1284 Nolly Black 7717312023 4:75 PM Budget Division TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 112,500 112,500 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20231113 Account Name 1010.090.6600-5814.05 (12,500) - 21012 1 EX Improvements - Trails 1010.090.6600-5314.00 1010.090.6600-4309.00 125,000 - - 100,000 32307 32307 2301 2301 EX RE Professional Services Federal Grants - Capital 1010.090.6600-4303.02 - 12,500 32307 2301 RE Cost Share - Other C:\Users\mmihalevich\AppDafa\Local\Microsoft\Windows\INetCache\Content.Outlook\ZKVI WKI3\2023-1284 BA CRP SRTS 1 of 1 FAYETTEVILLE PUBLIC SCHOOLS Since 1871 7/ 14/2023 Northwest Arkansas Regional Planning Commission, Fayetteville Public Schools is proud to partner with the City of Fayetteville in applying for a Safe Routes to School planning grant for $125,000.00 through the Bipartisan Infrastructure Law's Carbon Reduction Program. Fayetteville Public Schools is committed to provide matching funds in the amount of $12,500.00 along with the City's equal dollar amount contribution in order to meet the 20 percent matching requirement for the grant. Fayetteville Public Schools serve more than 10,300 students every day. Transportation demands related bussing and traffic congestion around school campuses present logistical challenges and safety risks for students. Transportation pollution including carbon dioxide from exhaust are of particular concern around schools. The American Lung Association reports that because children's lungs are still developing air pollution can lead to higher rates of asthma, tuberculosis, and other respiratory illnesses. Reduction in the carbon emissions associated with Fayetteville Public School transportation will not only improve air quality for Fayetteville but it will improve the health of our students. The development and adoption of a Safe Routes to School Plan will be a key in guiding the decisions and investments that will be needed to make Fayetteville Public Schools more sustainable for the future and in furthering our mission of helping every student realize their full potential. Respectfully, John Mulford, Ed.D. Superintendent Fayetteville Public Schools i000 West Bulldog Boulevard • Fayetteville, Arkansas 72701 479,444.3000 • fayar.net t A 70F KANSAS DEPARTMENT TRANSPORTATION The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Mayor Jordan: ARKANSAS DEPARTMENT OF TRANSPORTATION AeDOT.gov I IDriveArkansas.com I Lorie H. Tudor, P.E., Director 10324 Interstate 30 1 P.O. Box 2261 Little Rock, AR 72203-2261 Phone:501.569.2000 1 Voice/TTY711 I Fax:501.569.2400 November 3, 2023 REC�. CITY OF Fi ILLE MAYOR'S O ICE Re: Safe Routes to School Planning Reference is made to the Safe Routes to School Planning project in Fayetteville which was awarded Carbon Reduction Program — Attributable funding by the Northwest Arkansas Regional Planning Commission. In order to proceed with a Federal -aid project, you and your City Attorney must sign the enclosed Agreement of Understanding. Upon receipt of the Agreement, State and Federal -aid job numbers will be assigned and a copy of the executed Agreement of Understanding will be returned to you. When submitting the Agreement to the Department for execution, you will also need to complete Form LPA-005, Form LPA-018, and Form LPA-019. All referenced Forms are available in digital format at www.ardot.gov/LPA. If you have any questions, please contact Carlos Meredith in our Local Programs Division at (501) 569-2562 or Carlos. Meredith(cyardot.g,ov. SinOWyfie, l V� KeP.E. Assistant Chief En i eer Program Delivery Enclosure c: Chief Engineer — Operations Chief Engineer — Preconstruction Assistant Chief Engineer — Design Assistant Chief Engineer — Planning Consultant Contracts Local Programs Program Management Roadway Design District 4 Tim Conklin, Executive Director, NWARPC AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION In Cooperation with the U.S. Department of Transportation, Federal Highway Administration RELATIVE TO Implementation of the Safe Routes to School Planning (hereinafter called the "Project") as a Federal -aid Carbon Reduction Program Attributable (CRP>200K) project. WHEREAS, funding in Infrastructure Investment and Jobs Act (IIJA) includes the following Federal -aid funds for certain local projects: Maximum Minimum Federal % Sponsor % Preliminary Engineering by Consultant 80 20 Right-of-Way/Utilities 80 20 Construction 80 20 Construction Engineering by Consultant 80 20 Department Administrative Costs 80 20 WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has expressed its desire to use Federal -aid funds for the eligible Project and to provide necessary matching cash share for such funds; and WHEREAS, the Sponsor has transmitted to the Arkansas Department of Transportation (hereinafter called the "Department") Resolution No. 115-23 from the Sponsor's governing body authorizing the Sponsor's Chief Executive Officer (CEO) to execute agreements and contracts with the Department for the Project; and WHEREAS, the Northwest Arkansas Regional Planning Commission (hereinafter called the "Commission") awarded the Sponsor Federal -aid CRP>200K funds; and WHEREAS, funding participation will be subject to a limit of $100,000 maximum Federal -aid CRP>200K funds for development of a planning document for the Project and obligation limitation approved; and WHEREAS, the Sponsor knows of no legal impediments to the completion of the Project; and WHEREAS, it is understood that the Sponsor and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Form LPA-001) and that, as part of these requirements, the Department may set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and related to the potential availability of DBEs in desired areas of expertise; and Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual (available at ARDOT.gov) which outlines procedures and requirements which must be followed during development and construction of the Project; and WHEREAS, the parties agree, unless specifically stated otherwise, that the provisions of this agreement are not intended to create or confer a third party benefit or right in any person or entity, not a party to this agreement. IT IS HEREBY AGREED that the Sponsor, Commission, and the Department, in cooperation with the Federal Highway Administration (FHWA), will participate in a cooperative program for implementation and will accept the responsibilities and assigned duties as described hereinafter. THE SPONSOR WILL: 1. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Form LPA-005). If the designated full-time employee changes, the Sponsor must notify the Department by resubmitting Form LPA-005. The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; • Maintain familiarity of day to day project operations, including project safety issues; • Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visit and review the project on a daily basis; • Review financial processes, transactions, and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Direct project staff, Sponsor or consultant, to carry out project administration and contract oversight, including proper documentation; • Be aware of the qualifications, assignments and on-the-job performance of the Sponsor and consultant staff at all stages of the project. 2. Initially submit to the Department $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs associated with state preliminary engineering, which include but are not limited to, on site meetings, environmental review, and plan and specification review. The Sponsor's final cost for this phase will be determined by actual Department charges to preliminary engineering. 3. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency Consultant Selection Procedures (Form LPA-002) 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. 4. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Form LPA-003 for items to be included in the bid proposal.) 5. 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. -2- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 6. Understand that expenditures for preliminary or construction engineering performed by the Sponsor's forces are not eligible for reimbursement with federal funds. 7. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 8. Ensure that the plans and specifications are developed using the Department's standard drawings and Standard Specifications for Highway Construction (latest edition). 9. 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. 10. Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in compliance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non- participating in federal funds. 11. Acquire property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). 12. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 13. Be responsible for all non -reimbursable costs associated with the Sponsor owned utilities as defined in the Department's Utility Accommodation Policy. 14. Be responsible for the matching share for all reimbursable costs associated with the Sponsor owned utilities as defined in the Department's Utility Accommodation Policy. 15. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor's clear and unencumbered title to any right-of-way to be used for the Project (Form LPA-007). If property has been acquired for the Project, use Form LPA-006 for certification of the right-of-way. NOTE: Any property that is to become Department right-of-way must be acquired in the Department's name. 16. Submit plans at 30%, 60%, and 90% completion stages for Department review. 17. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 18. Advertise for bids in accordance with federal procedures as shown in Form LPA-010. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 19. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 20. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Form LPA-013), including all items noted, to the Department. -3- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 21. Prior to awarding the construction contract, submit a check for $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs on the Project during construction. The Sponsor's final share of cost for this phase will be determined by actual Department charges to construction engineering. 22. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre -construction meeting with the Contractor and must invite the Department's Resident Engineer assigned to the Project. 23. Ensure that all work, material testing and acceptance, and inspection is conducted in accordance with the Department's Standard Specifications for Highway Construction (latest edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual and with the plans, specifications, and all other applicable FHWA and Department procedures for the Project. 24. 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. 25. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Form LPA-014). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 26. Attach LPA Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. 27. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the Department's Resident Engineer assigned to the Project for review and approval for program eligibility. 28. Upon completion of the Project, hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Form LPA-016). This form must be signed by the engineer performing construction inspection on the Project, the Department's Resident Engineer assigned to the Project, the Sponsor's full-time employee in responsible charge, and the Sponsor's CEO. 29. Maintain accounting records to adequately support reimbursement with Federal -aid funds and be responsible for the inspection, measurement and documentation of pay items, and certification of all work in accordance with the plans and specifications for the Project and for monitoring the Contractor and subcontractor(s) for compliance with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements. 30. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of said work or used in the course of said work including but not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof. 10 Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 31. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the Sponsor's contractor on the Project shall be the sole responsibility of the Sponsor's contractor and in this regard the Sponsor shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the Sponsor with documentation of proof of liability insurance coverage with submission of the signed contract. 32. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass -through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The Sponsor also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass -through entity, shall not be responsible or liable for any damages whatsoever from the actions of the Sponsor, its employees, agents and contractors. 33. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation. 34. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Form LPA-017). 35. Grant the right of access to the Sponsor's records pertinent to the Project and the right to audit by the Department and FHWA officials. 36. Be responsible for 100% of all project costs incurred: • should the Project not be completed as specified; • should the Project be declared non -participating in federal funds, including any such award by the State Claims Commission; or • not provided by the FHWA. 37. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. -5- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 38. Repay to the Department the federal share of the cost of any portion of the Project if, for any reason, federal participation is removed due to actions or inactions of the Sponsor, its agents, its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non -participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. 39. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department's right-of-way and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the Project; • change the intended use of the Project; • make significant alterations to any improvements constructed with Federal -aid funds; or • cease maintenance or operation of a project due to the Project's obsolescence. 40. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the Project in accordance with Federal -aid requirements may result in the Sponsor's repayment of federal funds and may result in withholding all future Federal -aid. 41. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the Sponsor expends more than $750,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the Sponsor's fiscal year. The $750,000 threshold is subject to change after OMB periodic reviews. 42. Promptly notify the Department if the Project improvements outside of the Department's right-of-way are rendered unfit for continued use by natural disaster or other cause. 43. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Form LPA-019). 44. After each quarter of the calendar year, complete and transmit to the Department the LPA Project Quarterly Report Form (Form LPA-020) until the Project is complete. THE COMMISSION WILL: Provide up to $100,000 in Federal -aid CRP>200K funds for the development of a planning document for the Project as funds become available. THE DEPARTMENT WILL: Maintain an administrative file for the Project and be responsible for administering Federal -aid funds. 2. Review plans and specifications submitted by the Sponsor. 3. Notify the Sponsor when right-of-way and/or utility plans are approved and the Sponsor may proceed with right-of-way acquisition and/or utility adjustments. W Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 4. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the appropriate documentation to the file. 5. 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. 6. Advise the Sponsor when to proceed with advertisement of the Project for construction bids. 7. Review bid tabulations and concur in award of the construction contract for the Project. Ensure that the Sponsor and the Sponsor's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the Sponsor's representatives and their consultant to verify that the work being performed by the Sponsor's contractor, and documented and certified by the Sponsor, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. 9. Review and approve any necessary change orders for project/program eligibility. 10. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs approved in the CCRR form (Form LPA-014). This reimbursement will be limited to the maximum Federal -aid amount and to the federal amount available at the time payment is requested. If the payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. 11. Subject to the availability of Federal -aid allocated for the Project, pay the Sponsor the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Form LPA-016). 12. Provide all form updates via email to the contact as shown on Form LPA-005. 13. Be reimbursed for costs involved in performing all the services listed above. IT IS FURTHER AGREED that the Department reserves the right to cancel the Project without liability against the Department for any reason including, but not limited to, unreasonable delay or lack of progress, the Sponsor is unable to provide an audit -worthy reason for the substantial delay in the project development or completion process, or the Sponsor is unresponsive to the Department's requests. IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure may disqualify the Sponsor from receiving future Federal -aid highway funds. IT IS FURTHER AGREED that should the Sponsor fail to pay to the Department any required funds due for project implementation or fail to complete the Project as specified in this Agreement, or fail to adequately maintain or operate the Project, the Department may cause such funds as may be required to be withheld from the Sponsor's Motor Fuel Tax allotment. IN WITNESS WHEREOF, the parties thereto have executed this Agreement this day of , 2023. -7- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation Agreement of Understanding between: The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Safe Routes to School Planning Project. Lioneld Jordan Mayor Kit Williams City Attorney Signatories CITY OF FAYETTEVILLE Date Date -8- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation Agreement of Understanding between: The City Y of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Safe Routes to School Planning Project. Signatory NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION Tim Conklin Executive Director 0 /.? ,- OD 3 Date Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation Agreement of Understanding between: The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Safe Routes to School Planning Project. Signatory ARKANSAS DEPARTMENT OF TRANSPORTATION Lorie H. Tudor, P.E. Director Date All Forms referenced in this Agreement are available in digital format on the Department's webpagc www.ardot.gov/LPA. ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE OF NONDISCRIMINATION The Arkansas Department of Transportation (ARDOT) complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, ARDOT does not discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety Administration Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and treatment in ARDOT's programs and activities, as well as ARDOT's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding ARDOT's nondiscrimination policies may be directed to Civil Rights Officer Joanna P. McFadden (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: 'oanna.nicfaddcn@ardot.gov. ardot.eov. Free language assistance for Limited English Proficient individuals is available upon request. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. -10- CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 28, 2023 CITY COUNCIL MEMO 2023-1293 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager DATE: November 15, 2023 SUBJECT: Transportation Alternatives Program Federal Aid Funds — Drake Street Trail RECOMMENDATION: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for construction of the Drake Street Trail made possible through the Northwest Arkansas Regional Planning Commission — Transportation Alternatives Program (TAP) and approving a budget adjustment to recognize $500,000.00 in federal -aid funding and authorizing the Mayor to sign additional grant documents as necessary. BACKGROUND: In August of 2023, the City of Fayetteville was awarded $500,000 in federal -aid funds through the Northwest Arkansas Regional Planning Commission Transportation Alternatives Program for construction of the Drake Street Trail Connection. In November of 2023, a contract was approved with Crafton-Tull and Associates by resolution 236-23 for the design of the Drake Street Trail Connection. DISCUSSION: The Drake Street Trail Connection will use excess space in the 4-lane section of Drake Street to install a two- way protected trail from College Ave. west to the end where a trail will be constructed to extend to Gordon Long Park and connect to the Razorback Regional Greenway. The proposed trail will total 4,376 linear feet and connect the neighborhoods east of Scull Creek to Gordon Long Park and the Razorback Regional Greenway. This project will serve people of all demographics, including many who may not have access to a vehicle and depend on other modes of transportation. We expect this connection will become an important active transportation connection with the many employment destinations along College Ave., dense neighborhoods and apartments along Drake Street and the direct connection to the Razorback Regional Greenway. BUDGET/STAFF IMPACT: The City of Fayetteville has been awarded $500,000 in federal -aid funding by the Northwest Arkansas Regional Planning Commission through the Transportation Alternatives Program. The required 20 percent match or $125,000 has been budgeted through the Trails Capital Improvements Program. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF (#3), BA (#4), Drake Street Area Map (#5), Drake Street Trail Connections - ARDOT Packet (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1293 Transportation Alternatives Program Federal Aid Funds — Drake Street Trail A RESOLUTION TO APPROVE AN AGREEMENT OF UNDERSTANDING WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE DRAKE STREET TRAIL, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, in August 2023, the City of Fayetteville was awarded $500,000.00 in federal -aid funds through the Northwest Arkansas Regional Planning Commission Transportation Alternatives Program for construction of the Drake Street Trail Connection; and WHEREAS, on November 7, 2023, a contract was approved with Crafton-Tull and Associates by Resolution No. 236-23 for the design of the Drake Street Trail Connection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign an agreement of understanding with the Arkansas Department of Transportation, a copy of which is attached to this Resolution, for construction of the Drake Street Trail and further authorizes the Mayor to sign any additional grant documents as necessary to receive the funds for this project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 City of Fayetteville Staff Review Form 2023-1293 Item ID December 5th, 2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Mihalevich 11/15/2023 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for construction of the Drake Street Trail through the Northwest Arkansas Regional Planning Commission — Transportation Alternatives Program (TAP), approval of a budget adjustment to recognize $500,000.00 in federal - aid funding, and authorization for the Mayor to sign additional grant documents as necessary. 4470.800.8830-5814.05 Account Number 02016.2302 Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? Yes Budget Impact: Sales Tax Capital Improvements Fund Trail Dev - Drake St to Gordon Long Park Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget $ 125,000.00 125,000.00 $ 500,000.00 625,000.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 115-23, 236-23 Change Order Number: Original Contract Number: Comments: Approval Date: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2023 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for construction of the Drake Street Trail through the Northwest Arkansas Regional Planning Commission —Transportation Alternatives Program (TAP), approval of a budget adjustment to recognize $500,000.00 in federal -aid funding, and authorization for the Mayor to sign additional grant documents as necessary. The required 20% ($125,000) match is budgeted in the Trail Development project. COUNCIL DATE: ITEM ID#: 12/5/2023 2023-1293 Holly Black 7717412023 70:47 AM Budget Division TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 500,000 500,000 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20231113 Account Name 4470.800.8830-5814.05 500,000 - 02016 2302 EX Improvements - Trails 4470.800.8830-4309.00 - 500,000 02016 2302 RE Federal Grants - Capital \\city\dfs\Divs\Engineering\Trails\Trail Program Planning & Schedules\Grant Funding\TAP - NWARPC\2023 Drake Street\City Council - Recognize\2023-1293 BA TAP Drake 1 of 1 dap % 7 W Drake St • - - �r d W Auguhta Dr i KA z d* �r nr rrr ` C C W Forsythia Dr O Lakeside Vliidge dAoartlents I Z f No i f LJ W Village Lake Dr - G > _ Z �4 m y E®obest � T Madrid St W sunbndge Dr — E Sunbridge Dr E Sunbri�O� Abl� 7KANSAS DEPARTMENT AR OF TRANSPORTATION The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Mayor Jordan: ARKANSAS DEPARTMENT OF TRANSPORTATION ARDOT.gov I IDriveArkansas.com I Lorie H. Tudor, P.E., Director 10324 Interstate 30 1 P.O. Box 2261 Little Rock, AR 72203-2261 Phone:501.569.2000 I Voice/TTY711 I Fax:501.569.2400 November 3, 2023 RECEIVED NOV 0 9 2023 CITY OF FAYETTEVILLE MAYOR'S OFFICE Re: Drake Street Trail Connections Reference is made to the Drake Street Trail Connections project in Fayetteville which was awarded Transportation Alternatives Program — Attributable funding by the Northwest Arkansas Regional Planning Commission. In order to proceed with a Federal -aid project, you and your City Attorney must sign the enclosed Agreement of Understanding. Upon receipt of the Agreement, State and Federal -aid job numbers will be assigned and a copy of the executed Agreement of Understanding will be returned to you. When submitting the Agreement to the Department for execution, you will also need to complete Form LPA-005, Form LPA-018, and Form LPA-019. All referenced Forms are available in digital format at www.ai-dot.gov/LPA. If you have any questions, please contact Ashley Smith in our Local Programs Division at (501) 569-2286 or Ashley.Smitlin?ardot.gov. Si ere y, D Kel Ali.E. Assistant Chief En ' eer Program Delivery Enclosure Chief Engineer — Operations Chief Engineer — Preconstruction Assistant Chief Engineer — Design Assistant Chief Engineer — Planning Consultant Contracts Local Programs Program Management Roadway Design District 4 Tim Conklin, Executive Director, NWARPC AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION In Cooperation with the U.S. Department of Transportation, Federal Highway Administration RELATIVE TO Implementation of the Drake Street Trail Connections (hereinafter called the "Project") as a Federal -aid Transportation Alternatives Program (TAP) Attributable project. WHEREAS, funding in Infrastructure Investment and Jobs Act (IIJA) includes the following Federal -aid funds for certain local projects: Maximum Minimum Federal % Sponsor % Preliminary Engineering by Consultant 80 20 Right-of-Way/Utilities 80 20 Construction 80 20 Construction Engineering by Consultant 80 20 Department Administrative Costs 80 20 WHEREAS, the City of Fayetteville (hereinafter called the "Sponsor") has expressed its desire to use Federal -aid funds for the eligible Project and to provide necessary matching cash share for such funds; and WHEREAS, the Sponsor has transmitted to the Arkansas Department of Transportation (hereinafter called the "Department") Resolution No. 115-23 from the Sponsor's governing body authorizing the Sponsor's Chief Executive Officer (CEO) to execute agreements and contracts with the Department for the Project; and WHEREAS, the Northwest Arkansas Regional Planning Commission (hereinafter called the "Commission") awarded the Sponsor Federal -aid TAP Attributable funds; and WHEREAS, funding participation will be subject to a limit of $500,000 maximum Federal -aid TAP Attributable funds for the construction phase of the Project and obligation limitation approved; and WHEREAS, the Sponsor knows of no legal impediments to the completion of the Project; and WHEREAS, it is understood that the Sponsor and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Form LPA-001) and that, as part of these requirements, the Department may set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and related to the potential availability of DBEs in desired areas of expertise; and Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual (available at ARDOT.gov) which outlines procedures and requirements which must be followed during development and construction of the Project; and WHEREAS, the parties agree, unless specifically stated otherwise, that the provisions of this agreement are not intended to create or confer a third parry benefit or right in any person or entity, not a party to this agreement. IT IS HEREBY AGREED that the Sponsor, Commission, and the Department, in cooperation with the Federal Highway Administration (FHWA), will participate in a cooperative program for implementation and will accept the responsibilities and assigned duties as described hereinafter. THE SPONSOR WILL: 1. Notify the Department in writing who the Sponsor designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Form LPA-005). If the designated full-time employee changes, the Sponsor must notify the Department by resubmitting Form LPA-005. The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; • Maintain familiarity of day to day project operations, including project safety issues; • Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visit and review the project on a daily basis; • Review financial processes, transactions, and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Direct project staff, Sponsor or consultant, to carry out project administration and contract oversight, including proper documentation; • Be aware of the qualifications, assignments and on-the-job performance of the Sponsor and consultant staff at all stages of the project. 2. Initially submit to the Department $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs associated with state preliminary engineering, which include but are not limited to, on site meetings, environmental review, and plan and specification review. The Sponsor's final cost for this phase will be determined by actual Department charges to preliminary engineering. 3. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency Consultant Selection Procedures (Form LPA-002) 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. 4. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Form LPA-003 for items to be included in the bid proposal.) 5. 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. -2- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 6. Understand that expenditures for preliminary or construction engineering performed by the Sponsor's forces are not eligible for reimbursement with federal funds. 7. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 8. Ensure that the plans and specifications are developed using the Department's standard drawings and Standard Specifications for Highway Construction (latest edition). 9. 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. 10. Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in compliance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non- participating in federal funds. 11. Acquire property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). 12. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 13. Be responsible for all non -reimbursable costs associated with the Sponsor owned utilities as defined in the Department's Utility Accommodation Policy. 14. Be responsible for the matching share for all reimbursable costs associated with the Sponsor owned utilities as defined in the Department's Utility Accommodation Policy. 15. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the Sponsor's clear and unencumbered title to any right-of-way to be used for the Project (Form LPA-007). If property has been acquired for the Project, use Form LPA-006 for certification of the right-of-way. NOTE: Any property that is to become Department right-of-way must be acquired in the Department's name. 16. Submit plans at 30%, 60%, and 90% completion stages for Department review. 17. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 18. Advertise for bids in accordance with federal procedures as shown in Form LPA-010. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 19. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 20. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Form LPA-013), including all items noted, to the Department. -3- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 21. Prior to awarding the construction contract, submit a check for $1,000 (20%) to be matched by $4,000 (80%) Federal -aid funds for Department administrative costs on the Project during construction. The Sponsor's final share of cost for this phase will be determined by actual Department charges to construction engineering. 22. Prior to issuing the notice to proceed to the Contractor, the Sponsor must hold a pre -construction meeting with the Contractor and must invite the Department's Resident Engineer assigned to the Project. 23. Ensure that all work, material testing and acceptance, and inspection is conducted in accordance with the Department's Standard Specifications for Highway Construction (latest edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual and with the plans, specifications, and all other applicable FHWA and Department procedures for the Project. 24. 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. 25. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Form LPA-014). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 26. Attach LPA Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. 27. Prior to executing the work, submit change orders (Form LPA-022) to the contract to the Department's Resident Engineer assigned to the Project for review and approval for program eligibility. 28. Upon completion of the Project, hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Form LPA-016). This form must be signed by the engineer performing construction inspection on the Project, the Department's Resident Engineer assigned to the Project, the Sponsor's full-time employee in responsible charge, and the Sponsor's CEO. 29. Maintain accounting records to adequately support reimbursement with Federal -aid funds and be responsible for the inspection, measurement and documentation of pay items, and certification of all work in accordance with the plans and specifications for the Project and for monitoring the Contractor and subcontractor(s) for compliance with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements. 30. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of said work or used in the course of said work including but not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof. 51 Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 31. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the Sponsor's contractor on the Project shall be the sole responsibility of the Sponsor's contractor and in this regard the Sponsor shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the Sponsor with documentation of proof of liability insurance coverage with submission of the signed contract. 32. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the Sponsor, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the Sponsor. Further, the Sponsor by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass -through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The Sponsor also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass -through entity, shall not be responsible or liable for any damages whatsoever from the actions of the Sponsor, its employees, agents and contractors. 33. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation. 34. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Form LPA-017). 35. Grant the right of access to the Sponsor's records pertinent to the Project and the right to audit by the Department and FHWA officials. 36. Be responsible for 100% of all project costs incurred: • should the Project not be completed as specified; • should the Project be declared non -participating in federal funds, including any such award by the State Claims Commission; or • not provided by the FHWA. 37. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. -5- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 38. Repay to the Department the federal share of the cost of any portion of the Project if, for any reason, federal participation is removed due to actions or inactions of the Sponsor, its agents, its employees, or its assigns or the Sponsor's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non -participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. 39. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department's right-of-way and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the Project; • change the intended use of the Project; • make significant alterations to any improvements constructed with Federal -aid funds; or • cease maintenance or operation of a project due to the Project's obsolescence. 40. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the Project in accordance with Federal -aid requirements may result in the Sponsor's repayment of federal funds and may result in withholding all future Federal -aid. 41. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the Sponsor expends more than $750,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the Sponsor's fiscal year. The $750,000 threshold is subject to change after OMB periodic reviews. 42. Promptly notify the Department if the Project improvements outside of the Department's right-of-way are rendered unfit for continued use by natural disaster or other cause. 43. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Form LPA-019). 44. After each quarter of the calendar year, complete and transmit to the Department the LPA Project Quarterly Report Form (Form LPA-020) until the Project is complete. THE COMMISSION WILL: 1. Provide up to $500,000 in Federal -aid TAP Attributable funds for the construction phase of the Project as funds become available. THE DEPARTMENT WILL: 1. Maintain an administrative file for the Project and be responsible for administering Federal -aid funds. 2. Review plans and specifications submitted by the Sponsor. 3. Notify the Sponsor when right-of-way and/or utility plans are approved and the Sponsor may proceed with right-of-way acquisition and/or utility adjustments. In Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation 4. Upon receipt of the Sponsor's certification of right-of-way (property) ownership, provide the appropriate documentation to the file. 5. 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. 6. Advise the Sponsor when to proceed with advertisement of the Project for construction bids. 7. Review bid tabulations and concur in award of the construction contract for the Project. 8. Ensure that the Sponsor and the Sponsor's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the Sponsor's representatives and their consultant to verify that the work being performed by the Sponsor's contractor, and documented and certified by the Sponsor, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. 9. Review and approve any necessary change orders for project/program eligibility. 10. Reimburse the Sponsor 80% (Federal -aid share) for eligible construction costs approved in the CCRR form (Form LPA-014). This reimbursement will be limited to the maximum Federal -aid amount and to the federal amount available at the time payment is requested. If the payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. 11. Subject to the availability of Federal -aid allocated for the Project, pay the Sponsor the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Form LPA-016). 12. Provide all form updates via email to the contact as shown on Form LPA-005. 13. Be reimbursed for costs involved in performing all the services listed above. IT IS FURTHER AGREED that the Department reserves the right to cancel the Project without liability against the Department for any reason including, but not limited to, unreasonable delay or lack of progress, the Sponsor is unable to provide an audit -worthy reason for the substantial delay in the project development or completion process, or the Sponsor is unresponsive to the Department's requests. IT IS FURTHER AGREED that should the Sponsor fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure may disqualify the Sponsor from receiving future Federal -aid highway funds. IT IS FURTHER AGREED that should the Sponsor fail to pay to the Department any required funds due for project implementation or fail to complete the Project as specified in this Agreement, or fail to adequately maintain or operate the Project, the Department may cause such funds as may be required to be withheld from the Sponsor's Motor Fuel Tax allotment. IN WITNESS WHEREOF, the parties thereto have executed this Agreement this day of , 2023. -7- Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation Agreement of Understanding between: The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Drake Street Trail Connections Project. Signatories CITY OF FAYETTEVILLE Lioneld Jordan Mayor Kit Williams City Attorney Date Date Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation Agreement of Understanding between: The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Drake Street Trail Connections Project. Signatory NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION Tim Conklin Executive Director In /Y 3 Date Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation Agreement of Understanding between: The City of Fayetteville, Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of the Drake Street Trail Connections Project. Signatory ARKANSAS DEPARTMENT OF TRANSPORTATION Lorie H. Tudor, P.E. Director Date All Forms referenced in this Agreement are available in digital format on the Department's webpage www.ardot.gov/LPA. ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE OF NONDISCRIMINATION The Arkansas Department of Transportation (ARDOT) complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, ARDOT does not discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety Administration Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and treatment in ARDOT's programs and activities, as well as ARDOT's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding ARDOT's nondiscrimination policies may be directed to Civil Rights Officer Joanna P. McFadden (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: ioanna.tnelitddcn(a?ardol.Eov. Free language assistance for Limited English Proficient individuals is available upon request. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. -10-