HomeMy WebLinkAbout189-25 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 189-25
File Number: 2025-1320
A RESOLUTION TO AUTHORIZE A GRANT AGREEMENT WITH THE NORTHWEST ARKANSAS
REGIONAL PLANNING COMMISSION FOR FUNDING IN THE AMOUNT OF $203,317.25 TO SUPPORT
TRANSIT STOP IMPROVEMENTS, AND TO APPROVE A BUDGET ADJUSTMENT RECOGNIZING THE
GRANT FUNDS AND MATCHING FUNDS FROM OZARK REGIONAL TRANSIT AND RAZORBACK
TRANSIT
WHEREAS, earlier this year, the Northwest Arkansas Regional Planning Commission (NWARPQ announced a 1:1
matching grant opportunity to support transit stop enhancements in the region.
WHEREAS, in June 2025, Mayor Rawn signed a letter committing the City to collaborate with Ozark Regional
Transit and Razorback Transit to provide the matching funds required to secure the grant; and
WHEREAS, in July, NWARPC notified the City that the grant was being awarded in the amount of $203,317.25 with
the matching funds provided by Ozark Regional Transit in the amount of $50,829.31, Razorback Transit in the amount
of $50,829.31, and the City of Fayetteville in the amount of $101,658.63.
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 Rawn to sign a grant
agreement with the Northwest Arkansas Regional Planning Commission, a copy of which is attached to this Resolution,
to receive grant funds in the amount of $203,317.25 for a project to support transit stop improvements.
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 revenue from NWARPC and matching funds from Ozark
Regional Transit and Razorback Transit.
PASSED and APPROVED on August 19, 2025
Approved: Attest:
.�4:•."ARK/•iR .�3
�\TY D �SG�.
Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer
Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 19, 2025
TO: Mayor Rawn and City Council
THRU: Chris Brown, Public Works Director
Keith Macedo, Chief of Staff
FROM: Dane Eifling, Mobility Coordinator
SUBJECT: Transit Stop Improvements Grant Award
RECOMMENDATION:
CITY COUNCIL MEMO
2025-1320
Staff recommends approval of a grant agreement with the Northwest Arkansas Regional Planning Commission
and recognition of revenue in the amount of $203,317.25. Additionally, staff recommends recognizing revenue
from letters of commitment in the amount of $50,829.31 each from Ozark Regional Transit and Razorback
Transit to support transit stop improvements. Approval of a corresponding budget adjustment is also
recommended.
BACKGROUND:
Earlier this year, the Northwest Arkansas Regional Planning Commission (NWARPC) announced a 1:1
matching grant opportunity to support transit stop enhancements in the region.
In June 2025, Mayor Rawn signed a letter committing the City of Fayetteville to collaborate with Ozark
Regional Transit and Razorback Transit to provide the matching funds required to secure the grant.
In July, NWARPC issued a grant agreement awarding the City of Fayetteville $203,317.25. To fulfill the
required 1:1 match, Ozark Regional Transit and Razorback Transit have each committed $50,829.31, for a
combined contribution of $101,658.62. The City will match the remaining $101,658.63.
Funding Summary
NWARPC Grant
$ 203,317.25
City of Fayetteville
$ 101,658.63
Ozark Regional Transit
$ 50,829.31
Razorback Transit
$ 50,829.31
Total
$ 406,634.50
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
The grant requires that at least 17 transit stops be improved by September 30, 2026. The total project budget
of $406,634.50 is expected to be sufficient to improve approximately 30 stops. Planned enhancements include
shelters, seating, ADA-accessible loading platforms, and connections to existing sidewalks.
BUDGET/STAFF IMPACT:
The City's 2026 budget includes $80,000 allocated for transit stop improvements. These funds may be
supplemented with cost -share contributions to fulfill the City's matching grant obligation of $101,658.63.
ATTACHMENTS: 3. Staff Review Form, 4. Budget Adjustment, 5. NWARPC - Fayetteville Bus Stop
Improvement Grant Agreement, 6. ORT Fayetteville Letter of Commitment, 7. UA Razorback Commitment
Letter, 8. NWARPC Resolution #2023-22_WFF Bus Stop Enhancement Plan_2023-12-06, 9. NWARPC Letter
- Signed by Mayor Rawn 6-9-25
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 #: 2025-1320
A RESOLUTION TO AUTHORIZE A GRANT AGREEMENT WITH THE NORTHWEST
ARKANSAS REGIONAL PLANNING COMMISSION FOR FUNDING IN THE AMOUNT OF
$203,317.25 TO SUPPORT TRANSIT STOP IMPROVEMENTS, AND TO APPROVE A
BUDGET ADJUSTMENT RECOGNIZING THE GRANT FUNDS AND MATCHING FUNDS
FROM OZARK REGIONAL TRANSIT AND RAZORBACK TRANSIT
WHEREAS, earlier this year, the Northwest Arkansas Regional Planning Commission (NWARPC)
announced a 1:1 matching grant opportunity to support transit stop enhancements in the region.
WHEREAS, in June 2025, Mayor Rawn signed a letter committing the City to collaborate with Ozark
Regional Transit and Razorback Transit to provide the matching funds required to secure the grant; and
WHEREAS, in July, NWARPC notified the City that the grant was being awarded in the amount of
$203,317.25 with the matching funds provided by Ozark Regional Transit in the amount of $50,829.31,
Razorback Transit in the amount of $50,829.31, and the City of Fayetteville in the amount of
$101,658.63.
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 Rawn to
sign a grant agreement with the Northwest Arkansas Regional Planning Commission, a copy of which is
attached to this Resolution, to receive grant funds in the amount of $203,317.25 for a project to support
transit stop improvements.
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 revenue from
NWARPC and matching funds from Ozark Regional Transit and Razorback Transit.
Page 1
Dane Eifling
Submitted By
City of Fayetteville Staff Review Form
2025-1320
Item ID
8/19/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/30/2025 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a grant agreement with the Northwest Arkansas Regional Planning Commission and
recognition of revenue in the amount of $203,317.25. Additionally, staff recommends recognizing revenue from
letters of commitment in the amount of $50,829.31 each from Ozark Regional Transit and Razorback Transit to
support transit stop improvements. Approval of a corresponding budget adjustment is also recommended.
Budget Impact:
4470.800.8820-5809.00
Sales Tax Capital Improvements
Account Number Fund
25004.2501 Transit Stop Infrastructure - NWARPC Grant
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
P
$ 406,637.00
406,637.00
Previous Ordinance or Resolution #
Approval Date:
V20221130
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division Adjustment Number
ENGINEERING (621)
/Org2
2025
Requestor: Dane Eifling
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Staff recommends approval of a grant agreement with the Northwest Arkansas Regional Planning Commission and
recognition of revenue in the amount of $203,317.25. Additionally, staff recommends recognizing revenue from letters of
commitment in the amount of $50,829.31 each from Ozark Regional Transit and Razorback Transit to support transit stop
improvements. Approval of a corresponding budget adjustment is also recommended.
COUNCIL DATE:
ITEM ID#:
8/19/2025
2025-1320
Holly Black
712912025 3:37 P/VI
RESOLUTION/ORDINANCE
Budget Division Date
TYPE: D - (City Council)
JOURNAL#:
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
304,978 304,978
Increase / (Decrease)
Expense Revenue
Project.Sub#
Project Sub.Detl AT
v.2025721
Account Name
4470.800.8820-4305.00
-
203,318
25004
2501 RE
Grants - Commercial
4470.800.8820-4303.02
4470.800.8820-4303.02
-
-
50,830
50,830
25004
25004
2501 RE
2501 RE
Cost Share - Other
Cost Share - Other
4470.800.8820-5809.00
4470.800.8820-5809.00
406,637
(101,659)
-
-
25004
02116
2501 EX
1 EX
Improvements - Street
Improvements - Street
I of 1
Grant Agreement Between the Northwest Arkansas Regional
Planning Commission and the City of Fayetteville for the
Purchase and Installation of Bus Stop Improvements
This Grant Agreement ("Agreement") is made and entered into this 19 day of August 2025,
by and between the Northwest Arkansas Regional Planning Commission (NWARPC), a
governmental entity organized under Arkansas law with its principal office located at 1311
Clayton St, Springdale, Arkansas 72762, and the City of Fayetteville, Arkansas, a municipal
corporation organized under Arkansas law, with its principal office located at 113 W. Mountain
Street, Fayetteville, Arkansas 72701 (the "City").
I. Purpose
The purpose of this Agreement is to set forth the terms and conditions under which NWARPC
shall provide grant funding to the City in the amount of Two Hundred Three Thousand, Three
Hundred Seventeen Dollars and Twenty -Five Cents ($203,317.25) for the implementation of bus
stop improvements within the City of Fayetteville, as further defined in this Agreement and
Appendix A.
II. Grant Award and Matching Requirement
NWARPC shall reimburse the City for eligible project costs up to a maximum amount of
$203,317.25, provided the City contributes an equal amount of matching funds to the project on a
1:1 basis. The total project cost shall not be less than $406,634.50.
III. Scope of Work
The grant funds shall be used solely for bus stop improvements at a minimum of 17 of the
locations and in the manner described in Appendix A, attached hereto and incorporated herein by
reference. There shall be no less than 17 bus stops improved. Eligible improvements include:
A. Infrastructure Improvements
- Installation or replacement of bus shelters
- Installation or replacement of benches
- Installation of concrete boarding pads
- Construction of curb bump -outs
B. Accessibility and Safety Enhancements
- Installation of ADA-compliant ramps
- Installation of lighting and solar panels
- Sidewalk improvements to connect stops to immediately adjacent infrastructure (within
approximately 20 feet)
C. Passenger Amenities
- Installation of wayfinding signage
- Installation or replacement of bike racks
- Landscaping or planters to improve stop aesthetics
VII. Project Completion Deadline
All improvements funded by this grant shall be installed no later than September 30, 2026.
VIII. Reimbursement Procedure
NWARPC shall reimburse the City 50% of their expenditures upon:
- Completion of the improvements for a minimum of 17 bus stops as described in Appendix A,
and
- Submission of documentation evidencing completion and payment of eligible expenses,
including invoices, before and after photos of installed improvements, and a project completion
report to include the location of the bus stops improved and improvements completed at each bus
stop.
Reimbursement shall be processed within 30 days ofNWARPC's approval of the final
documentation.
IX. Reporting and Oversight
The City agrees to:
- Notify NWARPC of any substantial changes in project scope or timeline
- Maintain adequate records of all expenditures and improvements
- Allow NWARPC or its designee to inspect the project sites upon reasonable notice
X. Termination
NWARPC reserves the right to terminate this Agreement and withhold or recover funds if the
City:
- Fails to complete the improvements by the deadline.
- Misuses grant funds or fails to provide the required match.
- Fails to comply with the terms of this Agreement.
XI. Amendments
Any amendment to this Agreement must be in writing and signed by both parties.
XII. Miscellaneous
This Agreement represents the entire understanding of the parties with respect to the subject
matter herein and supersedes all prior agreements or understandings. It shall be governed by the
laws of the State of Arkansas.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
above.
NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION
Name: Tim Conklin
Title: Executive Director
Date: 7— 9 "_�? o-D S
Signature: ��
CITY OF FAYETTEVILLE, ARKANSAS
Name: Moles Rawn
Title: Mayor
Date: August 19, 2025
Signature: - *
Appendix A
Bus Stop Improvement Locations and Description of Improvements
Stop Name
Improvements Planned
Est. Cost
Appleby Apartments (Outbound)
nch-Ready
$ 750.00
Appleby Apartments (Inbound)
ench -Ready
MShelter
$ 750.00
Leverett & Sycamore (Outbound)
x5' Shelter - Shelter -Ready
$ 10,250.00
Colonial Arms (Outbound)
'x5'Shelter-Shelter-Ready
$ 10,250.00
Chestnut Apartments (South)
'x5' Shelter- Shelter -Ready
$ 10,250.00
Chestnut Apartments (North)
Razorback
8'x5'Shelter -Shelter-Ready
$ 10,250.00
Dean At Templeton Place
Razorback
8'x5' Shelter - Shelter Ready
$ 10,250.00
Deane & Evening Shade
Razorback
8'x5' Shelter- Shelter Ready
$ 10,250.00
Porter & Deane
Razorback
12'x5' Shelter - Shelter Ready
$ 10,250.00
WRMC ER (outbound)
Razorback
12'x5' Shelter - Shelter Ready
$ 12,250.00
M.L.K & Sang
Razorback
8'x5' Shelter - Shelter -Ready
$ 10,250.00
Vantage Drive and Mud Creek Trail
Razorback
12'x5' Shelter - Shelter Ready (Two)
$ 20,500.00
Wedington & Sang (Outbound)
Razorback
Bench - Ready
$ 750.00
Garland & Holly (Inbound)
Razorback
12'x5' Shelter -Shelter Ready
$ 24,375.00
Lott 222 (Inbound)
Razorback
12'x5' Shelter - Shelter Ready
$ 12,250.00
Lot 222(Outbound)
Razorback
Bench- Ready
$ 1,000.00
School and 15th East
ORT
Relocate Stop 140 feet North 8'x5'
Shelter - Shelter -Ready
$ 10,250.00
FHS
Razorback
Relocate to East at Stairs, Combination
loading platform/ Shelter Pad Approx.
26' x 10 Install Shelter, Custom Color?
$ 19,850.00
N College & Masonic (Whole Foods)
ORT
Combination loading platform and
shelter pad, 12'x5'shelter
$ 17,375.00
N College & Township (West) "Arvest"
ORT
Relocate to the Noth. Combination
loading platform and shelter pad, 12'x5'
$ 19,850.00
N College & Township (East) "CVS"
Relocate Stop to in front of CVS to be far
side. Combination Loading and shelter
$ 19,850.00
N College and Appleby (West) "Good%
ORT
Relocate to far side of Rolling Hills
Intersection, Big Biscuit.
Ramps/Crosswalk at Appleby, Spot
Sidewalk repairs
$ 27,500.00
N College and Rolling Hills
ORT
Relocate to Noth In front of Us
Combination Loading Platform and
$ 16,500.00
School at Grandview Apts
ORT
Locate in front of Tire Shop
$ 18,750.00
Hillcrest Towers
ORT/RT
Locate on School Ave, move 2 shelters, re
$ 26,500.00
N College & Dickson (East)
ORT
Pad and 8'x5' Shelter, repair Sidewalk
$ 15,000.00
N College & Longview (West)
ORT
Relocate in front of KJ Sushi
$ 21,250.00
School & 19th
ORT
Relocate in front of Scooter's Coffee
$ 19,750.00
College at Senior Center (West)
ORT
Add Bench on W Side
$ 2,800.00
M.L.K Blvd & Willow (South)
ORT
12'x5' Shelter on e side of Willow,
Crosswalk Ramps
$ 23,250.00
Happy Hollow and Fairlane
ORT
Move to North, ADOT Permit
$ 16,750.00
Morningside and Fairlane
ORT
8'x5' Shelter
$ 12,750.00
II� OZARK REGIONAL TRANSIT
2423 East Robinson Avenue, Springdale, Arkansas 72764
To: Molly Rawn
Mayor of Fayetteville
From: Joel Gardner
Executive Director, Ozark Regional Transit
Re: Letter of Commitment Matching Funds NWARPC Grant
Date: July 24, 2025
This letter is to serve as commitment from Ozark Regional Transit Authority to participate in the grant program from
Northwest Arkansas Regional Planning Commission for installation of transit shelters and bus stop improvements within
the City of Fayetteville.
Ozark Regional Transit Authority is committed provide up to $50,829.30 to the project in matching funds and direct
payment for vendors for shelters. The commitment provides for; Infrastructure Improvements, Accessibility and Safety
Enhancements, and Passenger Amenities as described in the grant agreement between the Northwest Arkansas
Regional Planning Commission and the City of Fayetteville.
i —
Joel Gardne
Executive Director
Ozark Regional Transit Authority
Joel Gardner, Executive Director
Melinda Campbell, Chief Financial Officer
479-756-5901 Main Office www.ozark.org 479-756 2901 Facsimile
UNIVERSITY OF
ARKANSAS.
Transit and Parking Services
To: Molly Rawn
Mayor of Fayetteville
Re: Letter of Commitment Matching Funds NWARPC Grant
Date: July 25, 2025
Dear Mayor Rawn,
This letter is to serve as commitment from UA/Razorback Transit to participate in the grant
program from Northwest Arkansas Regional Planning Commission for installation of transit
shelters and bus stop improvements on Razorback Transit stops within the City of Fayetteville.
The improvements will be distributed equitably between stops on the University campus and
within the City.
UA/Razorback Transit is committed to providing up to $50,829.30 for the project in matching
funds and direct payment to vendors for shelters. The commitment provides for: Infrastructure
Improvements, Accessibility and Safety Enhancements, and Passenger Amenities as described in
the grant agreement between the Northwest Arkansas Regional Planning Commission and the
City of Fayetteville.
UA/Razorback Transit recognizes the importance of these improvements in enhancing the rider
experience, increasing safety and accessibility for all passengers, and supporting the overall
efficiency of the regional transit system. We look forward to collaborating with the City of
Fayetteville and the Northwest Arkansas Regional Planning Commission to successfully
implement these upgrades in a timely and effective manner.
Should you require any additional documentation or clarification regarding this commitment,
please feel free to contact me at claytonh@uark.edu.
Sincerely,
rZy1,11"XzAaw,
Clayton Hamilton
Senior Associate Vice Chancellor for Campus Services
131 Administrative Services Building • Fayetteville, AR 72701 • 479-575-7275 • Fax: 479-575-2356 • parking.uark.edu
The University of Arkansas is an equal opportunity institution.
RESOLUTION #2023-22
A RESOLUTION ACCEPTING THE WALTON FAMILY FOUNDATION GRANT
FOR THE RAZORBACK TRANSIT BUS STOP ENHANCEMENT PLAN & MATCHING GRANT PROGRAM
FOR THE ENHANCING EQUITABLE TRANSIT CONNECTIONS IN NWA PROJECT
WHEREAS, the Northwest Arkansas Regional Commission (NWARPC) adopted a ten-year Transit Development
Plan (TDP), Connect Northwest Arkansas, on October 28, 2020 to serve as a "blueprint" for improving and
expanding transit systems in the Fayetteville -Springdale -Rogers, AR -MO urbanized area; and
WHEREAS, NWARPC is the designated recipient for Federal Transit Administration (FTA) urban grant funding
programs and is responsible for transit planning and programming in the NWARPC Metropolitan Planning Area
(MPA); and
WHEREAS, the NWARPC was awarded $180,000 (90%) Areas of Persistent Poverty (AoPP) Grant by the FTA for
the Enhancing Equitable Transit Connections in NWA Project, including design, engineering, and environmental
work, with the $20,000 (10%) local match being split by Ozark Regional Transit (ORT) and Razorback Transit; and
WHEREAS, a Bus Stop Enhancement Plan was completed in 2022 for Ozark Regional Transit (ORT); and
WHEREAS, the Walton Family Foundation awarded NWARPC $108,800 (80%) to complete a Bus Stop
Enhancement Plan for Razorback Transit, with the local match of $27,200 (20%) being provide by the City of
Fayetteville and Razorback Transit; and
WHEREAS, the Bus Stop Enhancement Plan for Razorback Transit will be used alongside the ORT Bus Stop
Enhancement Plan as a tool to guide selection of bus stops to be improved with the AoPP grant funding; and
WHEREAS, the Walton Family Foundation awarded NWARPC a one-to-one matching grant of up to $200,000 (50%)
towards the Enhancing Equitable Transit Connections in NWA Project, to be matched at the option of local
communities.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE NORTHWEST ARKANSAS REGIONAL
PLANNING COMMISSION:
SECTION 1. That the NWARPC hereby accepts the Walton Family Foundation's grant funding for the Razorback
Transit Bus Stop Enhancement Plan as well as the one-to-one matching grant for the Enhancing Equitable Transit
Connections in NWA Project.
SECTION 2. That the Director is hereby authorized to act on behalf of the NWARPC in matters concerning these
grants and projects, including: (1) the execution of the grant agreement(s) and/or agreements of understanding
with the Walton Family Foundation; and (2) carrying out all necessary actions to administer this grants and
projects in accordance with the approved application, and with all applicable requirements and procedures.
PASSED AND APPROVED BY THIS 6TH DAY OF DECEMBER, 2023
ATTEST: Ju
Judge Barr I
Moehrin , Chair, NWARPC
OFFICE OF THE MAYOR
Molly Rawn
June 411, 2025
Tim Conklin
Executive Director
Northwest Arkansas Regional Planning Commission
1311 Clayton Street
Springdale, AR 72762
Dear Mr. Conklin,
The City of Fayetteville is committed to ongoing efforts to improve transit stops throughout
our community, with the goal of installing bus shelters at all stops within the next three
years. With this in mind, I am pleased to learn about the opportunity to receive 1:1
matching funds through the Northwest Arkansas Regional Planning Commission
(NWARPC) to support these improvements.
The City of Fayetteville in collaboration with our transit agencies commits to MATCHING
1:1 all funds from NWARPC, up to $228,797.00 to improve a minimum of 20 transit stops
by October 2026. These matching funds will be collected through partnerships with
Razorback Transit and Ozark Regional Transit and through City Council appropriation of
existing and 2026 capital funds.
These improvements will include the construction of concrete shelter pads, loading
platforms, ADA-accessible ramps, sidewalk connections, lighting, bicycle parking, and the
assembly and installation of shelters, benches, and wayfinding signage.
Thank you for your continued support of regional transit initiatives.
Sincerely,
Molly Rawn
Mayor
City of Fayetteville, Arkansas
113 W Mountain Street
Fayetteville, AR 72701
7/24/2026
Submitted Date
Yes
89,796.50$
8,400.00$
Budgeted Item?
Does item have a direct cost?
Is a Budget Amendment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Amendment
Remaining Budget
89,796.50$
-$
Yes
No -$
81,396.50$
25004.2501
Project Number
Budget Impact:
NWARPC WFF Grant
Fund
Capital Prof Services Eng4470.800.8820-5860.02
Account Number
Project Title
City of Fayetteville Staff Review Form
2026-0713
Item ID
N/A
City Council Meeting Date - Agenda Item Only
Staff recommends approval of an agreement with Olsson, Inc. in the amount of $8,400 to provide design revisions
and environmental services required for federal grant compliance related to the implementation of transit stops.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Matt Mihalevich ENGINEERING (621)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #189-25
Approval Date:
Original Contract Number:
TO: Molly Rawn, Mayor
THRU: Chris Brown, Public Works Director
Justin Bland, City Engineer
Matt Mihalavich, Active Transportation Manager
FROM: Dane Eifling, Mobility Coordinator
DATE: 7/24/2026
SUBJECT: 2026-0713 Olsson Inc. Agreement for Environmental Services required for
Federally funded Transit Stop Improvements Project
RECOMMENDATION:
Staff recommends approval of an agreement with Olsson, Inc. in the amount of $8,400 to
provide design revisions and environmental services required for federal grant compliance
related to the implementation of transit stops.
BACKGROUND:
In 2025, the City was awarded a Transportation Alternatives Program (TAP) grant in the amount
of $150,000 to improve accessibility and amenities at eight transit stop locations. The grant
agreement and recognition of revenue were approved by Resolution 189-25.
Olsson Inc. was contacted by the Northwest Arkansas Regional Planning Commission
(NWARPC) to complete design and environmental review for permitting through the Arkansas
Department of Transportation (ARDOT).
DISCUSSION:
Comments received from the Arkansas Department of Transportation (ARDOT) during its
review of the initial design plans have necessitated revisions to the project. This agreement will
authorize Olsson Inc. to update the design documents to address ARDOT's comments and
complete the environmental documentation required for federal grant compliance.
BUDGET/STAFF IMPACT:
Funding in the amount of $8,400 is available through the 2026 CIP allocation for transit.
Attachments:
Scope of Services Agreement signed by Olsson
1
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
OLSSON INC.
TRANSIT STOP ENHANCEMENTS (FAYETTEVILLE)
(ARDOT JOB 041004)
THIS AGREEMENT is made as of , 2026, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Olsson,
Inc. (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction administration of capital improvement projects.
Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree
as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE’s professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER’s services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
August 5
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
2
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE’s requirements for the Project.
3.1.2 Assist ENGINEER by placing at ENGINEER’s disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The Public Works Director is the CITY OF FAYETTEVILLE’s project representative with
respect to the services to be performed under this Agreement. The Public Works Director
shall have complete authority to transmit instructions, receive information, interpret and
define CITY OF FAYETTEVILLE’s policies and decisions with respect to materials,
equipment, elements and systems to be used in the Project, and other matters pertinent to the
services covered by this Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is included as Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not-to-exceed amount authorized for this Agreement is $8,400.00. The CITY OF
FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as
described in Appendix A.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER’s normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
3
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE’s approval and acceptance with the satisfactory
completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER’s statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE’s claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers’ Compensation Statutory
Employers’ Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
4
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER’s services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER’s services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER’s services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER’s experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors’ procedures and
methods, unavoidable delays, construction Contractors’ methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER’s services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
5
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER’s default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 After payment in accordance with Paragraphs 6.5.3 and 6.5.4 above, deliver or otherwise
make available to CITY OF FAYETTEVILLE all project deliverables at the latest stage
of completion (e.g. 30%, 90%, etc.) CITY OF FAYETTEVILLE shall have the limited
right to use the deliverables subject to the provisions of Paragraph 6.12.2.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER’s reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
6
6.7 Rights and Benefits
6.7.1 ENGINEER’s services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER’s
employees and the importance of ENGINEER’s public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER’s services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE’s advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
7
FAYETTEVILLE’s comments to ENGINEER. CITY OF FAYETTEVILLE may require
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER’s activities pertaining to any such publication shall be for ENGINEER’s
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 The CITY OF FAYETTEVILLE acknowledges the Engineer’s plans and specifications,
including all documents on electronic media (“delivered documents”), as instruments of
professional service. Nevertheless, the delivered documents prepared under this Agreement
shall be delivered to and become the property of the CITY OF FAYETTEVILLE upon
completion of the services and payment in full of all monies due to the Engineer. Except for
the Engineer’s services provided for by this Agreement as related to the construction and
completion of the Project, the ENGINEER accepts no liability arising from any reuse of the
delivered documents by the CITY OF FAYETTEVILLE, unless the Engineer is retained by
CITY OF FAYETTEVILLE to make modifications or otherwise reuse the delivered
documents. Except where the CITY OF FAYETTEVILLE reuses the delivered documents
subsequent to the completion of the Project, nothing contained in this paragraph shall alter the
Engineer’s responsibilities and obligations under this Agreement.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE’s address:
113 West Mountain Street
Fayetteville, Arkansas 72701
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
8
ENGINEER’s address:
3537 N. Steele Blvd, Suite 310
Fayetteville, Arkansas 72703
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE’s internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE’s review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE’s review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER’s negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER’s obligations under this clause are in addition to ENGINEER’s other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
9
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
10
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
contract price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER’s agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub-consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEER will provide the documents in a
prompt and timely manner as prescribed in the Arkansas Freedom of Information Act
(A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the
FOIA may be assessed for this compliance.
7.6.2 Pursuant to Ark. Code Ann. § 25-19-105(b)(20), the personal information of City water
system customers must be treated as confidential information and shall not be made available
for inspection except by ENGINEER’S employees as required to fulfill the terms of this
agreement.
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
11
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
CITY OF FAYETTEVILLE, ARKANSAS OLSSON, INC.
By:
Andrew S. Brewer, P.E.
Title: Vice President
By :
Molly Rawn, Mayor
ATTEST:
By:
Courtney Spohn, Senior Deputy City Clerk Treasurer
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
1
APPENDIX A
SCOPE OF SERVICES &
JUSTIFICATION OF FEES AND COSTS
Transit Stop Enhancements (Fayetteville) (ARDOT Job 041004)
Purpose
The purpose of this task order is to modify planned improvements at four transit stops across Fayetteville, Arkansas
to fulfill federal funding requirements under the Transportation Alternatives Program (TAP), administered by the
Arkansas Department of Transportation (ARDOT).
Background
The City of Fayetteville received TAP funding to implement four transit stops across Fayetteville, Arkansas. The stops
were originally designed under an Areas of Persistent Poverty (AoPP) grant awarded to the Northwest Arkansas
Regional Planning Commission (NWARPC) by the Federal Transit Administration (FTA), and implementation funding
was not yet identified. Thus, modifications must be made to the original designs to satisfy requirements related to the
implementation funding.
Title I Services to be Provided by the Consultant
The ENGINEER agrees to perform Design and Engineering services associated with the “Transit Stop
Enhancements (Fayetteville)” project consisting of modifications to planned improvements for four transit stops
across Fayetteville, Arkansas including Porter & Lawson, Porter & Houston/Skyler, Markham Hill (Sang & Stone), and
15th & Razorback, all of which are utilized by Razorback Transit (RT).
Task 100 -- PROJECT MANAGEMENT & COORDINATION $2,000.00
The ENGINEER will attend meetings with the City of Fayetteville and ARDOT, provide status reports, and
coordination with transit agencies, and other general project management functions. Specific activities will
include:
• Meetings and calls, as required or requested,
• Coordination with ARDOT for TAP funding requirements, and
• Status Reporting, as required by funding agency.
Task 200 -- FINAL CONSTRUCTION DOCUMENTS $6,400.00
The ENGINEER will modify the existing construction documents including the plans, opinion of probable
cost, and associated job special provisions to meet the implementation funding requirements set forth in the
TAP. The final construction plans will include a cover sheet, demolition sheet, site plan, grading plan,
standard city details, any special details, and erosion and sediment control sheets. Modifications will be
limited to items required to meet federal funding requirements.
Assumptions
• Design of additional bus stop locations will not be required.
• Relocation of bus stop amenities or associated improvements from original design will not be required.
• Changes to number of, type of, or location of bus stop amenities will not be required.
• The ENGINEER shall modify existing design documents, plans, and supporting information developed for
Northwest Arkansas Regional Planning Commission under the AoPP FTA Grant as the basis for the project.
The ENGINEER’S services will include review and adaptation of these materials to meet current project
requirements. Modifications to the existing design will be limited to those necessary to satisfy the project -
specific criteria and applicable funding requirements.
• Survey provided (CAD format) for previous design and engineering project will be adequate for the plan
modifications. No additional survey will be required.
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7
2
Exclusions
• Title work, research, and easement related documents for properties including or abutting the bus stop
locations are excluded.
• All environmental related services are excluded including professional counsel, desktop reviews, and
fieldwork.
• Bidding and Title II services.
Docusign Envelope ID: 9BC0CA0B-1F26-8F3B-80ED-32003F10F2C7