The URL can be used to link to this page

Home My WebLink About2025-09-30 - Agendas - Final 113 W Mountain Street, Room 101 Fayetteville, AR 72701 Transportation Committee Agenda (Immediately Following City Council Agenda Session) City Hall Room 101 / Virtual Meeting Via Zoom Tuesday, September 30, 2025 5:30 PM Members Committee Chair Sarah Moore Council Member Robert "Bob" Stafford Council Member Sarah Bunch Council Member Min. Monique Jones City Staff Public Works Director / City Engineer Chris Brown Assistant Public Works / Transportation Services Director Terry Gulley Transportation Committee September 30, 2025 City of Fayetteville, Arkansas Page 2 Zoom Information Webinar ID: 860 7794 4565 Registration Link: Zoom Link Call to Order Roll Call New Business 1. ADM-2025-0036: Administrative Item (E. PUMP STATION RD & S. DEAD HORSE MTN RD/ CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON, 604 & 605): Submitted By The CITY OF FAYETTEVILLE For Property Located At E. PUMP STATION RD & S. DEAD HORSE MTN RD. The Property Is Zoned P-1, INSTITUTIONAL, And R-A, RESIDENTIAL-AGRICULTURAL And Contains Approximately 434.80 Acres. The Request Is To Modify The Master Street Plan. Review of a proposed Master Street Plan amendment. Staff requests a recommendation from the Committee to the City Council. - 2. Contract With Michael Baker International For Design Of Improvements To I-49/Stephen Carr Staff requests a recommendation of approval for a contract with Michael Baker Consultants for the I-49/Stephen Carr Memorial Blvd. Interchange Improvements - 3. E-Scooter Ordinance Revision Staff requests a Transportation Committee recommendation to the City Council for approval of an amendment to City Ordinance 75.01 Operation of Electric Motorized Scooters to remove the requirement for people riding e-scooters to dismount at crosswalks to have right of way. - Reports and Presentations 4. Salem Bikeway Plan Review Transportation Committee September 30, 2025 City of Fayetteville, Arkansas Page 3 Staff recommends approval of bikeway striping plans for N. Salem Bikeway plans from Wedington Dr. to Essex Dr. This item was forwarded by the Active Transportation Advisory Committee (ATAC) - 5. Crosswalk Visibility And Compliance Overview of mid-block crosswalk enhancements Woolsey Ave. and North Street crosswalk review - 6. Connected Communities Workshop - November 6Th - 7. Hwy 112 Median Opening Request Hwy 112 (Garland Ave) - Request to Modify Raised Median - Informational Items 8. Hwy 112 Supplement Agreement #3 Hwy 112 Supplemental Agreement #3 with Burns & McDonnell Engineering Company - 9. North Street Agreement Of Understanding North Street (Garland Ave to College Ave) - Agreement of Understanding with ARDOT - 10. NWARPC Transportation Alternatives Program Grant For Transit Stop Enhancements Transit Stop Enhancements - Transportation Alternatives Grant Agreement of Understanding with ARDOT in the amount of $150,000 - Adjournment NOTICE TO MEMBERS OF THE AUDIENCE Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Transportation Committee Memo 2025-1814 Meeting of September 30, 2025 To: Transportation Committee Thru: From: Jessica Masters, Planning Director Subject: ADM-2025-0036: Administrative Item (E. PUMP STATION RD & S. DEAD HORSE MTN RD/ CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON, 604 & 605): Submitted by the CITY OF FAYETTEVILLE for property located at E. PUMP STATION RD & S. DEAD HORSE MTN RD. The property is zoned P-1, INSTITUTIONAL, and R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 434.80 acres. The request is to modify the master street plan. Recommendation: City Planning staff and the Planning Commission recommend approval of a request to amend the 2040 master street plan to remove an approximately 1-mile stretch of a planned Neighborhood Link Street, extending from E. Pump Station Road to S. Dead Horse Mountain Road, as described and shown in the attached Exhibits ‘A’ and ‘B.’ Background: The subject area is in southeast Fayetteville and situated between the West Fork of the White River and S. Dead Horse Mountain Road. This area encompasses multiple parcels, including about 223 acres of land that was purchased in 2023 in a three-party agreement with the Watershed Conservation Resource Center, the Beaver Water District, and the City of Fayetteville (Res. 257-22). A significant portion of the site lies within a FEMA-designated floodplain, and hydric soils are present throughout the area. Request: City staff is requesting an amendment to the 2040 Master Street Plan to remove an approximately one-mile section of a planned Neighborhood Link Street, extending from E. Pump Station Road, across the West Fork of the White River, and ultimately terminating at S. Dead Horse Mountain Road. Public Comment: Staff received public comment in support of staff’s request to remove the connection, and inquiries about the proposal and concerns about any impending residential development. Discussion: The planned connection has been on the Master Street Plan since 2007 (Resolution 161-07) where it was originally classified as a Collector Street; this is the equivalent of a Neighborhood Link Street under 2040 Master Street Plan standards. It was upgraded to a minor arterial in 2011 with the adoption of City Plan 2030 (Resolution 146-11) and then received its current designation in 2020 with the adoption of City Plan 2040 (Resolution 15-20). The Master Street Plan is intended to serve as a policy document to help guide decisions regarding location, form, function, design, and classifications of streets. The Plan considers infrastructure and anticipates where new building developments might occur to plan for possible street connections and capital expenditures. The Master Street Plan is not intended to serve as a formal land acquisition, an allocation of funding, or a construction document, nor does it establish a final alignment. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Given the proposed connection’s location on property now owned for the purpose of permanent conservation and natural restoration, and that there are multiple City plans to conserve, protect, and rehabilitate this area in perpetuity, staff recognizes that fulfilling this connection may run counter to the public’s interest. These plans include redevelopment of Combs Park, which is also in the direct path of the proposed connection. Beyond ownership questions, constructability of this connection is limited, given restrictions on FEMA-protected land, as well as streamside protection requirements that would be costly to achieve (see attached memo from the City Engineering Division on this). While the City recognizes the lack of east/west connections in this area, staff recognize that this location is not feasible. Additionally, due to frequent flooding and environmental constraints along the West Fork of the White River, staff cannot reasonably propose an alternative automotive route and instead recommend reinforcing the planned Saint Paul trail from the Active Transportation Plan for potential emergency vehicle use while limiting further development in the affected area to the east to the extent possible. At the September 8, 2025 Planning Commission meeting, Commissioners unanimously supported the connection’s removal from the Master Street Plan. Commissioners offered little comment, finding that the removal was in line with the City’s goals for the area. Two members of the public spoke at the meeting; one was in support of the request to remove the connection, and the other had questions about whether homes would be developed in the area. No housing is proposed with this development. Budget/Staff Impact: N/A Attachments: EXHIBIT A, EXHIBIT B, PLANNING COMMISSION STAFF REPORT D E A D H O R S E M O U N TA IN RD R-A I-2 C-2 RSF-1 RSF-4 P-1 CS C-1 I-1 Neighborhood Link Regional Link - High Activity Residential Link Planned Neighborhood Link Hillside-Hilltop Overlay District Planning Area Fayetteville City Limits Trail (Proposed) Close Up View ADM-2025-0036 E. PUMP STATION RD & S. DEAD HORSE MTN RD N 0 575 1,150 1,725 2,300287.5 Feet Subject Property 1:9,400 EXHIBIT A Guiding Policies 14 1 Fi g u r e 1 2 . 7 - M a s t e r S t r e e t P l a n M a p WWhhiittee OOaakk Turner StTurner St Vantage DrVantage Dr LLaakkeevviieeww DDrr Sunshine RdSunshine Rd Jess Anderson Rd Jess Anderson Rd MMaappllee SStt Douglas St Douglas St HHyyllttoonn RRdd Rockwood Trl Rockwood Trl SShhiilloohhDDrr Weir Rd Weir Rd Village Lake Dr Village Lake Dr CCeenntteerrSStt George Anderson RdGeorge Anderson Rd DDoouubblleeSSpprriinnggss RRdd HHoollllaanndd DDrr Prairie St Prairie St DDrraakkee SStt Ash St Ash St BBuucchhaannaannAAvvee Ray AveRay Ave FF uu ttrr aa llll DDrr LLeevveerreetttt AAvvee Starr DrStarr Dr Starr DrStarr Dr Millsap Rd Millsap Rd DDoo gg ww oo oo dd DDrr SSpprriinngg SStt Roberts RdRoberts Rd SSaalleemm RRdd Markham Rd Markham Rd Cato Springs Rd Cato Springs Rd CCaammeelllliiaaLLnn Alberta St Alberta St Carley RdCarley Rd Piazza RdPiazza Rd Park AvePark Ave Poplar St Poplar St EEddEEddwwaarrddss RR dd EEddEEddwwaarrddss RRdd SSttoonneeMMoouunnttaaiinn DDrr Stubblefield Rd Stubblefield Rd Government AveGovernment Ave Wilson St Wilson St Heritage AveHeritage Ave MMaayywwooooddRRdd East Oaks DrEast Oaks Dr MMaallllyy WWaaggnnoonn RRdd Overcrest St Overcrest St Persimmon St Persimmon St Persimmon St Persimmon St CC lluubb HHoouussee PPkkwwyy Powell StPowell St GGuunnCClluubbRRdd GGuunn CClluubb RRdd Bishop Dr Bishop Dr Harold St Harold St WW ee ii rr RRdd Miller St Miller St Ellis Ave Ellis Ave Rebecca St Rebecca St Prospect St Prospect St NNeeww BBrriiddggee RRdd Dakota Trl D akota Trl Hill AveHill Ave BBeerrkklleeiigghh DDrr Wolfdale Rd Wolfdale Rd Goff Farm Rd Goff Farm Rd Futrall Dr Futrall Dr Dickson St Dickson St BBrree aa kk ss tt oo nneeDDrr Duncan AveDuncan Ave TToowwnnsshhiipp SStt Winwood DrWinwood Dr 13th St 13th St Stone St Stone St 54th Ave54th Ave 7th St 7th St Duncan AveDuncan Ave Plum Tree DrPlum Tree Dr WWhhiippppoooorrwwiillllCCtt CCoolloonniiaallDDrr CC hh ee rr ookkeeee DDrr Gibson Hill Rd Gibson Hill Rd RRiiddggeewwaayy DDrr PPeerrssiimmmmoonn SStt Stone St Stone St Morning Mist Dr Morning Mist Dr Howard Porter RdHoward Porter Rd Stearns St Stearns St Riviera Pl Riviera Pl GGrreeeennvviieewwDDrr Happy Hollow RdHappy Hollow Rd 18th St 18th St Mclaren Dr Mclaren Dr Harris Dr Harris Dr HHeeaarrtthhssttoonnee DD rr Southwinds Rd Southwinds Rd KKaatthheerriinneeAAvvee FFuuttrraallllDDrr LLaaccyy DDrr Crystal Dr Crystal Dr CCaammbbrriiddggeeSStt Sellers Rd Sellers Rd DDooyynneeHHaammmm DDrr Hosta DrHosta Dr 15th St 15th St Olive AveOlive Ave FFiinnggeerrRRdd BBuullllddooggBBllvvdd Cleveland St Cleveland St VVaannHHoooossee DDrr Gregg AveGregg Ave Mcclinton St Mcclinton St 46th Ave46th Ave CClliiffffss BBll vvdd Shelton RdShelton Rd PPeemmbbrrookkee RR dd CCll eeaarr CCrreeeekkBBllvvdd Black Oak Ave Black Oak Ave MMaallllAAvvee Jimmy Devault Rd Jimmy Devault Rd Klenc RdKlenc Rd Ashwood AveAshwood Ave TTrreennttoonnBBllvvdd CCllyyddee CCaarrnneess RRdd LLaakkee SSeeqquuooyyaahh RRdd Fairlane St Fairlane St Pump Station Rd Pump Station Rd Julio Rd Julio Rd Bel Air Dr Bel Air Dr 24th St 24th St Gregg AveGregg Ave Highland AveHighland Ave Wesley Stevens RdWesley Stevens Rd Meandering Way Meandering Way MMeellmmaarr DDrr Wood AveWood Ave SS hhiilloohh DDrr Albright Rd Albright Rd Milo Way Milo Way Richardson Rd Richardson Rd 51st Ave51st Ave 56th St56th St Sh il oh D r S hilo h D r GGrreeeennAAccrreessRRdd CClleeaarrCCrreeeekkRRdd Brooks Ave Brooks Ave PP ii nn OO aa kk RR dd Gardner RdGardner Rd AAddaammss RRdd MMoouunnttCCoommffoorrttRRdd SSuunnrriissee MMoouunnttaaiinnRRdd SSoonnoorraa RRdd RRoocckkyy CCrreeeekk RRdd Fieldstone AveFieldstone Ave Magnolia Dr Magnolia Dr HarrisHarris Arrowhead St Arrowhead St Drake St Drake St CCuusstteerrLLnn LLoovveerrssLL nn Shady Grove Rd Shady Grove Rd EErrvvaannBBeeeekkss RRdd EErrvvaann BBeeeekkss RRdd Fisher RdFisher Rd WWhheeeelleerrHHeeiigghhttss RRdd Williams Rd Williams Rd Elaine Ave Elaine Ave Pianalto RdPianalto Rd BB ll aa cc kk NNuu rr ss eerr yy SShhaaee ff ff ee rr RRdd CC lliinn ttoo nn DD rr NNeeiillllssBBlluuffffRRdd Betty Jo DrBetty Jo Dr Kelly Ave Kelly Ave Woolsey Farm Rd Woolsey Farm Rd EEllkkhhoorrnn SSpprriinn gg ss RR dd SSuummmmeerrRRaaiinnRRdd Riches RdRiches Rd Van Asche Dr Van Asche Dr RRhheeaass MMiillll RRdd RRhheeaass MMiillll RRdd RRhheeaass MMiillll RRdd Starnes RdStarnes Rd Sunbridge Dr Sunbridge Dr Columbia DrColumbia Dr WWiillssoonn HHoollllooww RRdd LLaakkee SSeeqquuooyyaahh DDrr Ivey Ln Ivey Ln Floyd Rd Floyd Rd Stone Bridge RdStone Bridge Rd BBlluuee JJaayyLLnn RRoocc kk cclliiffff RRdd RRooddggeerrss DDrr Forest Hills Dr Forest Hills Dr Johnson RdJohnson Rd HH aa rrrriiss RR dd HHaarrrriiss RRdd Sherry Rd Sherry Rd BBrriiddggeewwaatteerr LLnn CClleeaarrWWaatteerrRRdd CClleeaarrWWaatteerrRRdd Don Tyson Pkwy Don Tyson Pkwy DDeeaannee SSoolloommoonn RRdd Buddy Elkins Rd Buddy Elkins Rd SStteeeelleeRRdd SS tt eeeellee RRdd Hughmount RdHughmount Rd EErrnneessttLLaannccaasstteerrDDrr PPlluummbbeerroossaaDDrr WW rriigghhttRRdd VVaauugghhaann RRdd CCaammppbbeellll LLnn Jack Mcclure Rd Jack Mcclure Rd Dowell RdDowell Rd SS aavvooyyRRdd Dot Tipton Rd Dot Tipton Rd JJoohhnnGGaarrrriiss oo nn RR dd Wilson Ln Wilson Ln SSaalleemmRRdd BBiillll SSeelllleerrss RRdd WWeeiirr RRdd HHiigghhllaannddCChhuurrcchh RR dd Fox Trl Fox Trl OOaakkBBaaiilleeyyDDrr Beechwood AveBeechwood Ave Garland AveGarland Ave Lewis AveLewis Ave Rupple RdRupple Rd CCuurrttiissAAvvee VViieewwppooiinnttDDrr GGoollffCClluubbDDrr Kornhaus RdKornhaus Rd MMeeaaddoowwllaannddssDDrr 44 88 tt hh SStt AAsssseemmbbllyyDDrr CCaammbbrriiddggeeRRdd CCoouunnttrryyCClluubbDDrr Chestnut AveChestnut Ave Sang AveSang Ave AAzzaalleeaaTTeerr Tallgrass DrTallgrass Dr NNee ww HHooppee RRdd Hunter StHunter St Hunt LnHunt Ln Oakland AveOakland Ave Block AveBlock Ave School AveSchool Ave West AveWest Ave High AveHigh Ave LLooxxlleeyy AAvvee Mcconnell AveMcconnell Ave Washington AveWashington Ave FFrroonnttSStt College AveCollege Ave Elizabeth AveElizabeth Ave Stadium Dr Stadium Dr Locust StLocust St Cris Hollow RdCris Hollow Rd Wilson AveWilson Ave Fletcher AveFletcher Ave Sang AveSang Ave Juneway Ter Juneway Ter Willow AveWillow Ave HHoowwaarrdd NN iicc kk ee llll RRdd RReeddFFooxxDDrr OOllddMMiillllRRdd SSkkyylliinnee DDrr Garland Mckee RdGarland Mckee Rd Woolsey AveWoolsey Ave Parkview DrParkview Dr WWaarrwwiicckkDDrr HHiiddddeenn CCrreeeekkDDrr EErriikkaa AAvvee Bob Younkin DrBob Younkin Dr CCaarrllssbbaaddTTrrccee WWaallnnuuttDDrr DDiinnssmmoorreeTTrrll Steele BlvdSteele Blvd CCaannddlleewwooooddDDrr OO lldd FF aa rr mmiinnggttoonnRRdd FFrroonnttaaggeeRRdd 4488tthhSStt FFrriissccooDDrr JJiimmBBrrooookkssRRdd Giles RdGiles Rd Harvey Dowell RdHarvey Dowell Rd VVaannddeerrggrriiffffDDrr TThhuunnddeerrRRdd SSttrraawwbbeerrrryyPPllaannttRRdd B r o y l e s S tBroyles S t HHaarrmmoonnRRdd OO lldd MM ii ss ss oo uu rr ii RR ddCCrroossssoovveerrRRdd MM aa ii nn DD rr DD ee aa nn ee SS tt H o w a r d N i c k e l l R d H o w a r d N i c k e l l R d PP oo rr tt ee rr RRdd M i s s i o n B l v d M i s s i o n B l v d CCrroossss oovv ee rr RR dd HH aa bb bb ee rr tt oo nn RR dd RRoolllliinn gg HH ii ll ll ss DD rr HH uu nn tt ee rr SS tt Old Wire Rd Old Wire Rd GG oo oo ss ee CC rr ee ee kk RR dd R u p p l e R dRupple R d JJ oo yy cc ee BB ll vv dd NN oo rr tt hh SS tt B u t t e r f i e l d C o a c h R dButterfield C o a c h R d M o r n i n g s i d e D rMorningside D r TT oo ww nn ss hh ii pp SS tt WWiillssoonn SStt SScchhooooll AAvvee F u l b r i g h t E x p y F u l b r i g h t E x p y MM ii ss ss ii oo nn BB ll vv dd WW ee dd ii nnggttoonn DDrr M a p l e S t M a p l e S t W e d i n g t o n D r W e d i n g t o n D r CCaattoo SS pp rr ii nn gg ss RR dd CCaattoo SS pprriinn gg ss RR dd D o u b l e S p r i n g s R dDouble S p r i n g s R d H u n t s v i l l e R d H u n t s v i l l e R d D i c k s o n S t D i c k s o n S t H w y 1 7 0 H w y 1 7 0 HH aa rr mm oonn RRdd S y c a m o r e S t S y c a m o r e S t MM aa ii nn SS tt CC ii tt yy LL aa kk ee RR dd R a z o r b a c k R dRazorback R d Z i o n R d Z i o n R d Maestri Rd Maestri Rd DD oo nn TT yy ss oo nn PP kk ww yy D o n T y s o n P k w y D o n T y s o n P k w y J o h n s o n R dJohnson R d G r e g g A v eGregg A v e GGaarrllaannddAAvvee BB rr oo yylleess AA vv ee WW yy mm aa nn RR dd MM ii ss ss ii oo nn BB ll vv dd JJ oo hh nn ss oo nn MMiillll BBllvvdd T h o m p s o n S tThompson S t CCrroossssoovveerr RRdd HHaarrmmoonn RRdd CC rr oo ss ss oo vv ee rr RRdd A r m s t r o n g A v eArmstrong A v e W e d i n g t o n D r W e d i n g t o n D r OO aa kk ll aa nn dd ZZ ii oo nn RR dd M o u n t C o m f o r t R d M o u n t C o m f o r t R d WW hh ee ee ll ee rr RR dd FFuullbbrriigghhttEExxppyy S k i l l e r n R d S k i l l e r n R d CC oo llll ee ggee AAvvee MM aa ii nn SS tt GG oo oo ss ee CC rr ee ee kk RR dd RRuuppppllee RR dd WW yy mm aa nn RR dd W y m a n R d W y m a n R d G u l l e y R d G u l l e y R d GG uu ll ll ee yy RR dd OO ll dd MM ii ss ss oo uurrii RRdd 4 0 t h S t40th S t RR ee ee dd VV aa ll ll ee yy RR dd HHuunnttssvviillllee RRdd Z i o n R d Z i o n R d HH aa mmeessttrriinnggRRdd TT oo ww nn ss hh ii pp SS tt S a l e m R dSalem R d LLiitt tt llee EE ll mm RR dd L i t t l e E l m R dLittle E l m R d 8 5 t h A v e85th A v e HH uu nn tt ss vv ii ll ll ee RRdd SScchhoooollAAvvee GG rr ee gg gg AA vvee OO ll dd WW ii rr ee RR dd FFooxx HHuunn tt ee rr RR dd S a s s a f r a s H i l l R dSassafras H i l l R d BBllaacckkOOaakkRRdd MM aa ii nn AA vv ee G u y T e r r y R d G u y T e r r y R d Hwy 62 Hwy 62 BBaarrrriinnggttoonn WWhheeeelleerrRRdd WW hh ee ee ll ee rr RR dd DD oo uu bb ll ee SS pp rr ii nn gg ss RR dd H w y 62 H w y 62 Black Oak Rd Black Oak Rd B o w e n B l v d B o w e n B l v d W e d i n g t o n D r W e d i n g t o n D r H a r m o n R dHarmon R d College Ave College Ave A r b o r A c r e s A v e A r b o r A c r e s A v e WW ii ll lloouugghhbbyy RRdd HH aammeessttrriinnggRRdd BBaarrrriinnggttoonn DDeeaaddHHoorrsseeMMoouunnttaaiinnRRdd Hwy 16 Hwy 16 HHwwyy111122 CCeenntteerrSStt H a b b e r t o n R dHabberton R d HHaabbbbeerrttoonnRRdd J o y c e Bl v d J o y c e B l v d HH ww yy 11 77 00 1 5 t h S t 1 5 t h S t B e t h e l B l a c k t o p B e t h e l B l a c k t o p B e t h e l B l a c k t o p B e t h e l B l a c k t o p FF uu ll bb rr ii gg hh tt EE xx ppyy H w y 1 1 2Hwy 1 1 2 1 5 t h S t 1 5 t h S t DD oo nn TT yy ss oo nn PP kk ww yy HH ww yy 11 77 00 OOlldd WW iirree RR dd U a B e e f F a r m R d U a B e e f F a r m R d D r a k e S t D r a k e S t Map Document: (G:\GIS2\Core Maps\Master Street Plan (2030)\Maps\MSP_2030_FINAL_Esize.mxd) 4/16/2012 -- 2:58:26 PM Potential Typology Connection - Regional Link Connection - Neighborhood Link Connection - Residential Link Urban Center Regional Link - High Activity Regional Link Neighborhood Link Institutional Master Plan Freeway/Expressway Park Planning Area Boundary City Plan 2040 Master Street Plan Adopted by the Fayetteville City Council on January 7th, 2020 Resolution No. ###-## _____________________________ Mayor _____________________________ City Clerk O 0 1 0.5 Miles EXHIBIT B TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Services Director Jessie Masters, Planning Director Justin Bland, Engineering Development Review Manager MEETING DATE: September 8, 2025 SUBJECT: ADM-2025-0036: Administrative Item (E. PUMP STATION RD & S. DEAD HORSE MTN RD/ CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON, 604 & 605): Submitted by the CITY OF FAYETTEVILLE for property located at E. PUMP STATION RD & S. DEAD HORSE MTN RD. The property is zoned P-1, INSTITUTIONAL, and R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 434.80 acres. The request is to modify the master street plan. RECOMMENDATION: Staff recommends forwarding ADM-2025-0036 to City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward ADM-2025-0036 to City Council with a recommendation of approval.” BACKGROUND: The subject area is in southeast Fayetteville and situated between the West Fork of the White River and S. Dead Horse Mountain Road. This area encompasses multiple parcels, including about 223 acres of land that was purchased in 2023 in a three-party agreement with the Watershed Conservation Resource Center, the Beaver Water District, and the City of Fayetteville (Res. 257-22). A significant portion of the site lies within a FEMA-designated floodplain, and hydric soils are present throughout the area. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped R-A, Residential-Agricultural South Single-Family Residential/Agricultural R-A, Residential-Agricultural West Undeveloped R-A, Residential-Agricultural; P-1, Institutional East Undeveloped R-A, Residential-Agricultural Proposal: City staff is requesting an amendment to the 2040 Master Street Plan to remove an approximately one-mile section of a planned Neighborhood Link Street, extending from E. Pump Station Road, across the West Fork of the White River, and ultimately terminating at S. Dead Horse Mountain Road. Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 1 of 15 DISCUSSION: The planned connection has been on the Master Street Plan since 2007 (Resolution 161-07) where it was originally classified as a Collector Street; this is the equivalent of a Neighborhood Link Street under 2040 Master Street Plan standards. It was upgraded to a minor arterial in 2011 with the adoption of City Plan 2030 (Resolution 146-11) and then received its current designation in 2020 with the adoption of City Plan 2040 (Resolution 15-20). The Master Street Plan is intended to serve as a policy document to help guide decisions regarding location, form, function, design, and classifications of streets. The Plan considers infrastructure and anticipates where new building developments might occur to plan for possible street connections and capital expenditures. The Master Street Plan is not intended to serve as a formal land acquisition, an allocation of funding, or a construction document, nor does it establish a final alignment. Given the proposed connection’s location on property now owned for the purpose of permanent conservation and natural restoration, and that there are multiple City plans to conserve, protect, and rehabilitate this area in perpetuity, staff recognizes that fulfilling this connection may run counter to the public’s interest. These plans include redevelopment of Combs Park, which is also in the direct path of the proposed connection. Beyond ownership questions, constructability of this connection is limited, given restrictions on FEMA-protected land, as well as streamside protection requirements that would be costly to achieve (see attached memo from the City Engineering Division on this). While the City recognizes the lack of east/west connections in this area, staff recognize that this location is not feasible. Additionally, due to frequent flooding and environmental constraints along the West Fork of the White River, staff cannot reasonably propose an alternative automotive route and instead recommend reinforcing the planned Saint Paul trail from the Active Transportation Plan for potential emergency vehicle use while limiting further development in the affected area to the east to the extent possible. Public Comment: Staff has received public comment in response to this request. Most of the public comment has been related to lack of information about the proposal, though staff has also received feedback in favor of removing the connection from the master street plan from the private property owner who owns the land that the street would potentially traverse. RECOMMENDATION: Staff recommends forwarding this item to City Council with a recommendation of approval with the following conditions: Conditions of Approval: 1. Approval of the removal of this segment of the Master Street Plan connection does not reflect approval of any planned development; any planned developments must be submitted according to the allowances in relevant city code. 2. When funded, the Saint Paul Trail connection and any associated bridge shall be reinforced and designed to allow for potential emergency vehicle use. Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 2 of 15 PLANNING COMMISSION ACTION: Required YES Date: September 8, 2025 ❒ Tabled ❒ Approved ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • One Mile Map • Close-Up Map • Current Land Use Map • Applicant Request Letter • Engineering Memo • 2007 Master Street Plan Exhibit • 2030 Master Street Plan Exhibit • 2040 Master Street Plan Exhibit Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 3 of 15 D E A D H O R S E M O U N T A I N RD H U N T S V I L L E R D PUMP STATION RD R-A P-1 CS I-1 I-2 C-2 C-1 RSF-4 RSF-1 Neighborhood Link Regional Link - High Activity Unclassified Residential Link Planned Neighborhood Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area One Mile View ADM-2025-0036 E. PUMP STATION RD & S. DEAD HORSE MTN RD N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 4 of 15 D E A D H O R S E M O U N TA IN RD R-A I-2 C-2 RSF-1 RSF-4 P-1 CS C-1 I-1 Neighborhood Link Regional Link - High Activity Residential Link Planned Neighborhood Link Hillside-Hilltop Overlay District Planning Area Fayetteville City Limits Trail (Proposed) Close Up View ADM-2025-0036 E. PUMP STATION RD & S. DEAD HORSE MTN RD N 0 575 1,150 1,725 2,300287.5 Feet Subject Property 1:9,400 Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 5 of 15 D E A D H O R S E M O U N T A I N R D HUNTS V I L L E R D Neighborhood Link Regional Link - High Activity Unclassified Residential Link Planned Neighborhood Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use ADM-2025-0036 E. PUMP STATION RD & S. DEAD HORSE MTN RD N 0 600 1,200 1,800 2,400300 Feet Subject Property Undeveloped Agricultural 1:9,800 Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 6 of 15 City of Fayetteville, AR July 16, 2025 Planning Commission and City Council, In association with the proposed improvements to Combs Park and the West Fork of the White River, staff requests an amendment to Fayetteville’s Master Street Plan to remove a planned Neighborhood Link street. The planned street is located between the east end of Pump Station Road and the intersection of Goff Farm and Dead Horse Mountain Roads. Between these western and eastern points respectively, the connection is proposed to cross a portion of Combs Park, the West Fork of the White River, private property, and a portion of property held in three-party ownership between the City, the Watershed Resource Conservation Center, and Beaver Water District. Along this path, the planned street is aligned along a generally east-west path, with a north-south shift near the West Fork of the White River. Master Street Plan Connection Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 7 of 15 The reasons for staff’s request are three-fold. First, since 2020 when the current Master Street Plan was adopted, a larger restoration of the West Fork of the White River has gained momentum. Among the early manifestations of this was a change in ownership of a large portion of the planned street’s alignment to the Watershed Resource Conservation Center as a part of a three-party agreement with the City of Fayetteville and Beaver Water District. This land transaction is considered as a clear policy indicator that the property is intended to be conserved for preservation and restoration. A street extension through the area could adversely impact this objective through associated construction and future impacts from run-off. Further indication of the city’s commitment to conserving the property came in the form of a 2024 grant award totaling $4,254,743 from the Environmental Protection Agency through the Climate Pollution Reduction Grant program. More recently, conceptual design work for Combs Park, located at the western end of the planned street (see below in orange), was finalized and approved by the Parks, Natural Resources, and Cultural Affairs Advisory Board. The plans include extensive river restoration and water recreation for residents. Extension of City Lake Road along any alignment in the area will negatively impact the ability to restore this section of the West Fork of the White River or program the property for its intended Parks use. Lastly, there are issues of construction and funding feasibility in making the connection of City Lake Road to Goff Farm Road. As noted above, the planned alignment crosses the West Fork of the White River, including approximately 4,000 feet, or 75% of the planned street’s length, in floodplain and floodway. While some degree of floodplain and the associated costs have been a consistent factor in the street connection’s planning, the combination with the more recent public initiatives outlined above make financial and construction challenges less likely for prioritization in the public’s interest. Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 8 of 15 Of note however, is the impact on area development potential that may occur by removing this connection. Southeast Fayetteville to the east and south of the West Fork of the White River lacks connectivity, with two river crossings in city limits: Dead Horse Mountain Road and Huntsville Road/Highway 16. The planned street that is the subject of this request represents the only potential crossing in approximately three and one-half miles of the West Fork of the White Rivers’ course, between Huntsville Road to the northeast and Black Oak Road in unincorporated Washington County to the southwest. The Dead Horse Mountain Road crossing in-between is the subject of regular flooding concerns from residents in the area. Given the breadth of floodplain in the area, conservation priorities, and existing development, staff cannot identify a viable alternative for automotive connectivity, and therefore finds it pertinent to highlight the potential limitations for additional development south and east of Goff Farm and Dead Horse Roads implicit in removing this planned street. In-lieu of an automotive connection, the planned Saint Paul trail connection remains on the Active Transportation Plan, and staff recommends future completion of that river crossing consider reinforced construction that can, in the event of emergency, support the larger vehicles associated with medical, fire, and police response. Thank you for the consideration of this request. Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 9 of 15 Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 10 of 15 TO: Jessie Masters, Development Review Manager FROM: Justin Bland, Engineering Development Review Manager DATE: August 29, 2025 SUBJECT: Planning Commission Engineering Comments for ADM-2025-0036 Engineering Staff is supportive of the request to remove a section of E. Pump Station Road from the Master Street Plan due to significant environmental, regulatory, and financial challenges associated with its design and construction. This section of roadway would face several hurdles for its design and construction, including: - River and Floodplain Crossing: The route crosses a wide section of the protected West Fork of the White River including approximately 2,350 linear feet of floodway and an additional 1,800 linear feet of flood plain. A roadway design would have to adhere to the requirements of the City’s Flood Damage Prevention Code in addition to any FEMA requirements. - Hydric Soils and Wetlands: The alignment traverses approximately 4,100 linear feet of land with hydric soils, which may indicate the presence of regulated wetlands. The discovery of wetlands would necessitate additional permitting from the U.S. Army Corps of Engineers and would likely increase project complexity, cost, and localized environmental impacts. - Streamside Protection Area: The road would cross approximately 700 linear foot of streamside protection area. - Conservation Impacts: The project would impact land on the east side of the river that has been designated for conservation by the City and the property owner, the Watershed Conservation Resource Center. - Regulatory Permitting: Additional permitting could be required by the Arkansas Department of Environmental Quality, the EPA, and other regulatory agencies. A roadway design that addresses all these issues would likely be very expensive and difficult to construct. The proposed crossing is located at one of the widest sections of the floodplain, which is the primary basis for the Engineering Staff's recommendation. Ideally, any river crossing would be located at an area with a narrower floodplain to minimize these environmental and design challenges. Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 11 of 15 Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 12 of 15 Scull Creek Multi-Use Trail Shiloh Multi-U s e Trail Lake Fayetteville Multi-Use Trail Mud Creek Multi-Use Trail Saint Paul Multi-Use Trail G ulley Park M ulti-U se Trail The Cliffs Multi-Use Trail Shiloh M ulti-U se Trail E HUNTSVILLE RD N OLD WIRE RD E M IS SI O N B L V D N CROSSOVER RD E WYMAN RD W WEDINGTON DR N GREGG AVE S SCHOOL AVE N STARR DR S S H AE F F E R R D E JOYCE BLVD N GARLAND AVE E ZION RD S SHILOH DR N SALEM RD E 15TH ST W 15TH ST W WHEELER RD N ADAMS RD W M A R T IN L U T H E R K IN G B L V D N GULLEY RD S BLACK OAK RD S RAZORBACK RD N FOX HUNTER RD N RUPPLE RD W WEDINGTON DR N O L D M IS S O U R I R D N S HIL O H D R W WEIR RD S F U T R A L L D R S CITY LAKE RD W PERSIMMON ST S CATO SPRINGS RD N 85TH AVE W MOUNT COMFORT RD S ED EDWARDS RD S HUNT LN E GUY TERRY RD W DEANE ST N SASSAFRAS HILL RD W DRAKE ST N F U T R A L L D R W NORTH ST N PORTER RD W SALEM RD S VAN HOOSE DR S MALLY WAGNON RD N COLLEGE AVE N DEANE SOLOMON RD W HWY 112 N BROYLES AVE N DO UBLE S PR IN GS R D N SUNSHINE RD S COLLEGE AVE S ARMSTRONG AVE W IKA LN E GOFF FARM RD N HUGHMOUNT RD W SELLERS RD S FINGER RD E ALBRIGHT RD N H W Y 11 2 W CATO SPRINGS RD N CROSSOVER RD N STEELE BLVD PRIVATE 1961 N FRONT ST S HWY 71 E BRIDGEWATER LN W F INGER RD N ELKINS RD N MALL AVE W JESS ANDERSON RD W DOT TIPTON RD S 54TH AVE E GULLEY RD N 54TH AVE E MILLSAP RD S BROYLES AVE W ALBERTA ST S DIN SM O R E TRL S DEAD HORSE MOUNTAIN RD N OAKLAND ZION RD E WILL O U G H B Y R D S 85TH AVE S CROSSOVER RD N RAVEN LN E VAN ASCHE DR W G O O S E C R E E K R D N STARNES RD W 19TH ST W KNAPP ST W APPLEBY RD W 18TH ST N HARVEY DOWELL RD W GARRETT DR W MAPLE ST W JOYCE BLVD N HWY 112 N RUPPLE RD N 54TH AVE N RUPPLE RD S SCHOOL AVE N SALEM RD N F U T R A L L D R N 54TH AVE E ZION RD N SHILOH DR N S H I L O H D R LA K E SEQU OY A H LAKE FA YETTE V IL LE LAKE WI LSO N LAKE LUCI LLE City Plan 2030 Master Street Plan 0 1 0.5 Mile · Map Document: (G:\GIS2\Core Maps\Master Street Plan (2030)\Maps\MSP_2030_FINAL_Esize.mxd) 9/9/2011 -- 9:38:58 AM Future Trails Multi-Use Trails--Existing Platted Street Enduring Green Network Stream_Polygons 100 YEAR FLOOD Planning Area Boundary Hillside/Hilltop Overlay District PARK Other Cities Quarter Mile Grid EXISTING STREETS U of A Campus Master Plan COLLECTOR FREEWAY/EXPRESSWAY MINOR ARTERIAL PRINCIPAL ARTERIAL PRIN ARTERIAL PKWY PLANNED STREETS COLLECTOR FREEWAY/EXPRESSWAY MINOR ARTERIAL PRINCIPAL ARTERIAL PRIN ARTERIAL PKWY LOCAL Downtown Master Plan ST-37 ST-40 (ONE WAY) ST-45 LOCAL URBAN MS-63 Adopted by the Fayetteville City Council on August 16, 2011 Resolution No. 146-11 ___________________________________ Mayor ___________________________________ City Clerk Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 13 of 15 Guiding Policies 14 1 Fi g u r e 1 2 . 7 - M a s t e r S t r e e t P l a n M a p WWhhiittee OOaakk Turner St Turner St Vantage Dr Vantage Dr LLaakkeevviieeww DDrr Sunshine Rd Sunshine Rd Jess Anderson Rd Jess Anderson Rd MMaappllee SStt Douglas St Douglas St HHyyllttoonnRRdd Rockwood Trl Rockwood Trl SS hhiilloo hh DDrr Weir Rd Weir Rd Village Lake Dr Village Lake Dr CCeenntteerrSStt George Anderson Rd George Anderson Rd DDoouubblleeSSpprriinnggssRRdd HHoollllaannddDDrr Prairie St Prairie St DDrraakkee SStt Ash St Ash St BBuucchhaannaannAAvvee Ray Ave Ray Ave FF uu ttrr aa llll DDrr LLeevveerreettttAAvvee Starr Dr Starr Dr Starr Dr Starr Dr Millsap Rd Millsap Rd DDoo gg ww oo oo dd DDrr SSpprriinngg SStt Roberts Rd Roberts Rd SSaalleemmRRdd Markham Rd Markham Rd Cato Springs Rd Cato Springs Rd CCaammeelllliiaaLLnn Alberta St Alberta St Carley Rd Carley Rd Piazza Rd Piazza Rd Park Ave Park Ave Poplar St Poplar St EEddEEddwwaarrddss RR dd EEddEEddwwaarrddssRRdd SSttoonneeMMoouunnttaaiinn DDrr Stubblefield Rd Stubblefield Rd Government Ave Government Ave Wilson St Wilson St Heritage Ave Heritage Ave MMaayywwooooddRRdd East Oaks Dr East Oaks Dr MMaallllyyWWaaggnnoonnRRdd Overcrest St Overcrest St Persimmon St Persimmon St Persimmon St Persimmon St CClluubbHHoouusseePPkkwwyy Powell St Powell St GGuunnCClluubbRRdd GGuunn CClluubb RRdd Bishop Dr Bishop Dr Harold St Harold St WW ee iirr RRdd Miller St Miller St Ellis Ave Ellis Ave Rebecca St Rebecca St Prospect St Prospect St NNeeww BBrriiddggee RRdd Dakota Trl D akota Trl Hill Ave Hill Ave BBeerrkklleeiigghhDDrr Wolfdale Rd Wolfdale Rd Goff Farm Rd Goff Farm Rd F u tr a ll Dr Fu t r al l D r Dickson St Dickson St BBrree aa kk ss tt oo nneeDDrr Duncan Ave Duncan Ave TToowwnnsshhiipp SStt Winwood Dr Winwood Dr 13th St 13th St Stone St Stone St 54th Ave 54th Ave 7th St 7th St Duncan Ave Duncan Ave Plum Tree Dr Plum Tree Dr WWhhii ppppoooorrwwiillllCCtt CCoolloonniiaallDDrr CC hh ee rr ookkeeee DDrr Gibson Hill Rd Gibson Hill Rd RRiiddggeewwaayy DDrr PPeerrssiimmmmoonn SStt Stone St Stone St Morning Mist Dr Morning Mist Dr Howard Porter Rd Howard Porter Rd Stearns St Stearns St Riviera Pl Riviera Pl GGrreeeennvviieewwDDrr Happy Hollow Rd Happy Hollow Rd 18th St 18th St Mclaren Dr Mclaren Dr Harris Dr Harris Dr HHeeaarrtthhssttoonnee DD rr S o u th wi n d s R d S o ut h w in d s R d KKaatthheerriinnee AAvvee FF uu tt rr aa llll DDrr LLaaccyy DDrr Crystal Dr Crystal Dr CCaammbbrriiddggeeSStt Sellers Rd Sellers Rd DDooyynneeHHaammmmDDrr Hosta Dr Hosta Dr 15th St 15th St Olive Ave Olive Ave FFiinnggeerr RRdd BBuullllddooggBBllvvdd Cleveland St Cleveland St VVaannHHoooosseeDDrr Gregg Ave Gregg Ave Mcclinton St Mcclinton St 46th Ave 46th Ave CClliiffffss BBll vvdd Shelton Rd Shelton Rd PPeemmbbrrookkee RR dd CCll eeaarr CCrreeeekkBBllvvdd Black Oak Ave Black Oak Ave MMaallllAAvvee Jimmy Devault Rd Jimmy Devault Rd Klenc Rd Klenc Rd Ashwood Ave Ashwood Ave TTrreennttoonnBBllvvdd CCllyyddee CCaarrnneess RRdd LLaakkee SSeeqquuooyyaahh RRdd Fairlane St Fairlane St Pump Station Rd Pump Station Rd Julio Rd Julio Rd Bel Air Dr Bel Air Dr 24th St 24th St Gregg Ave Gregg Ave Highland Ave Highland Ave Wesley Stevens Rd Wesley Stevens Rd Meandering Way Meandering Way MMeellmmaarr DDrr Wood Ave Wood Ave SS hhiilloohhDDrr Albright Rd Albright Rd Milo Way Milo Way Richardson Rd Richardson Rd 51st Ave 51st Ave 56th St 56th St Sh il oh D r S hilo h D r GGrreeeenn AAccrreess RRdd CClleeaarrCCrreeeekkRRdd Brooks Ave Brooks Ave PP ii nn OO aa kk RR dd Gardner Rd Gardner Rd AAddaammssRRdd MMoouunnttCCoommffoorrttRRdd SSuunnrriissee MMoouunnttaaiinnRRdd SSoonnoorraa RRdd RRoocckkyy CCrreeeekk RRdd Fieldstone Ave Fieldstone Ave Magnolia Dr Magnolia Dr HarrisHarris Arrowhead St Arrowhead St Drake St Drake St CCuusstteerr LLnn LLoovveerrssLL nn Shady Grove Rd Shady Grove Rd EErrvvaann BB eeee kkss RRdd EErrvvaann BBeeeekkss RRdd Fisher Rd Fisher Rd WWhheeeelleerrHHeeiigghhttss RRdd Williams RdWilliams Rd Elaine Ave Elaine Ave Pianalto Rd Pianalto Rd BB ll aa cc kk NNuu rr ss eerr yy SShhaaee ff ff ee rr RRdd CC lliinn ttoo nn DD rr NNeeiillllss BBlluuffffRRdd Betty Jo Dr Betty Jo Dr Kelly Ave Kelly Ave Woolsey Farm Rd Woolsey Farm Rd EEllkkhhoorrnn SSpprriinn gg ss RR dd SSuummmmeerr RRaaiinn RRdd Riches Rd Riches Rd Van Asche Dr Van Asche Dr RRhheeaass MMiillll RRdd RRhheeaass MMiillll RRdd RRhheeaass MMiillll RRdd Starnes Rd Starnes Rd Sunbridge Dr Sunbridge Dr Columbia Dr Columbia Dr WWiillssoonn HHoollllooww RRdd LLaakkeeSSeeqquuooyyaahhDDrr Ivey Ln Ivey Ln Floyd Rd Floyd Rd Stone Bridge Rd Stone Bridge Rd BBlluueeJJaayyLLnn RRoocc kk cclliiffff RRdd RRooddggeerrss DDrr Forest Hills Dr Forest Hills Dr Johnson Rd Johnson Rd HH aa rrrriiss RR dd HHaarrrriissRRdd Sherry Rd Sherry Rd BBrriiddggeewwaatteerr LLnn CCllee aa rr WWaatteerr RR dd CClleeaarr WWaa tt ee rr RR dd Don Tyson Pkwy Don Tyson Pkwy DDeeaanneeSSoolloommoonnRRdd Buddy Elkins Rd Buddy Elkins Rd SStteeeellee RRdd SS tt eeeellee RRdd Hughmount Rd Hughmount Rd EErrnneesstt LLaannccaasstteerrDDrr PPlluummbbeerroossaa DD rr WW rriigghhtt RRdd VVaauugghhaannRRdd CCaammppbbeellll LLnn Jack Mcclure Rd Jack Mcclure Rd Dowell Rd Dowell Rd SS aavvooyyRRdd Dot Tipton Rd Dot Tipton Rd JJoohhnnGGaarrrriiss oo nn RR dd Wilson Ln Wilson Ln SSaalleemmRRdd BBiillll SSeelllleerrss RRdd WWeeiirr RRdd HHiigghh llaa nnddCChhuurrcchh RR dd Fox TrlFox Trl OOaakkBBaaiilleeyyDDrr Beechwood Ave Beechwood Ave Garland Ave Garland Ave Lewis Ave Lewis Ave Rupple Rd Rupple Rd CCuurrttiiss AAvvee VViieewwppooiinnttDDrr GG oo llff CClluubb DDrr Kornhaus Rd Kornhaus Rd MMeeaaddoowwllaannddssDDrr 44 88 tt hh SStt AA ssss ee mm bbllyy DDrr CCaammbbrriiddggeeRRdd CCoo uu nnttrryy CClluu bb DDrr Chestnut Ave Chestnut Ave Sang Ave Sang Ave AAzz aa lleeaa TT eerr Tallgrass Dr Tallgrass Dr NNee ww HHooppee RRdd Hunter St Hunter St Hunt Ln Hunt Ln Oakland Ave Oakland Ave Block Ave Block Ave School Ave School Ave West Ave West Ave High Ave High Ave LLooxxlleeyyAAvvee Mcconnell Ave Mcconnell Ave Washington Ave Washington Ave FFrroonnttSStt College Ave College Ave Elizabeth Ave Elizabeth Ave Stadium DrStadium Dr Locust St Locust St Cris Hollow Rd Cris Hollow Rd Wilson Ave Wilson Ave Fletcher Ave Fletcher Ave Sang Ave Sang Ave Ju n e w ay T e r J u n ew a y T e r Willow Ave Willow Ave HHoowwaarrdd NN iicc kk ee llll RRdd RR ee dd FF oo xx DD rr OOllddMMiillllRRdd SSkkyylliinneeDDrr Garland Mckee Rd Garland Mckee Rd Woolsey Ave Woolsey Ave Parkview Dr Parkview Dr WW aarr wwiicc kk DDrr HHiiddddeennCCrreeeekkDDrr EErriikkaaAAvvee Bob Younkin Dr Bob Younkin Dr CCaa rrllssbbaadd TTrrccee WWaallnnuuttDDrr DDiinn ss mm oorree TTrrll Steele Blvd Steele Blvd CC aa nnddllee ww oo oo dd DD rr OO lldd FF aa rr mmiinnggttoonnRRdd FFrroonnttaaggeeRRdd 44 88tt hh SStt FFrriissccooDDrr JJii mm BBrrooookkss RRdd Giles Rd Giles Rd Harvey Dowell Rd Harvey Dowell Rd VVaannddeerrggrriiffffDDrr TThhuunnddeerr RR dd SS tt rr aa ww bb eerrrryy PPllaanntt RRdd Broyles St Broyles St HH aa rr mm oo nn RR dd OOllddMMiissssoouurriiRRdd CC rr oo ss ss oo vv ee rr RR dd MM aa ii nn DD rr DD ee aa nn ee SS tt H o w a r d N i c k e l l R d H o w a r d N i c k e l l R d PPoorrtteerrRRdd M i s s i o n B l v d M i s s i o n B l v d CCrroossssoovveerrRRdd HHaabbbbeerrttoonnRRdd RRoolllliinn gg HH ii ll ll ss DD rr HHuunntteerrSStt Old Wire Rd Old Wire Rd GG oo oo ss ee CC rr ee ee kk RR dd Rupple Rd Rupple Rd JJ oo yy cc ee BB ll vv dd NN oo rr tt hh SS tt Butterfield Coach Rd Butterfield Coach Rd Morningside Dr Morningside Dr TT oo ww nn ss hh ii pp SS tt WWiillssoonn SStt SScchhoooollAAvvee F u l b r i g h t E x p y F u l b r i g h t E x p y MM ii ss ss ii oo nn BB ll vv dd WW ee dd ii nnggttoonn DDrr M a p l e S t M a p l e S t W e d i n g t o n D r W e d i n g t o n D r CCaattooSSpprriinnggssRRdd CCaattoo SS pprriinn gg ss RR dd Double Springs Rd Double Springs Rd H u n t s v i l l e R d H u n t s v i l l e R d D i c k s o n S t D i c k s o n S t H w y 1 7 0 H w y 1 7 0 HHaarrmmoonnRRdd S y c a m o r e S t S y c a m o r e S t MM aa ii nn SS tt CCiittyyLLaakkeeRRdd Razorback Rd Razorback Rd Z i o n R d Z i o n R d M a e s t r i R d M a e s t r i R d DD oo nn TT yy ss oo nn PP kk ww yy D o n T y s o n P k w y D o n T y s o n P k w y Johnson Rd Johnson Rd Gregg Ave Gregg Ave GG aa rr ll aa nn dd AA vv ee BB rr oo yylleessAAvvee WW yy mm aa nn RR dd MM ii ss ss ii oo nn BB ll vv dd JJ oo hh nn ss oo nn MMiillll BBllvvdd Thompson St Thompson St CCrroossssoovveerr RRdd HHaarrmmoonnRRdd CCrroossssoovveerrRRdd Armstrong Ave Armstrong Ave W e d i n g t o n D r W e d i n g t o n D r OOaakkllaannddZZiioonnRRdd M o u n t C o m f o r t R d M o u n t C o m f o r t R d WW hh ee ee ll ee rr RR dd FF uu ll bb rr ii gg hh tt EE xx ppyy S k i l l e r n R d S k i l l e r n R d CCoolllleeggeeAAvvee MM aa ii nn SS tt GG oo oo ss ee CC rr ee ee kk RR dd RRuuppppllee RR dd WW yy mm aa nn RR dd W y m a n R d W y m a n R d G u l l e y R d G u l l e y R d GGuulllleeyyRRdd OOllddMMiissssoouurriiRRdd 40th St 40th St RR ee ee dd VV aa ll ll ee yy RR dd HH uu nnttssvviillllee RRdd Z i o n R d Z i o n R d HH aa mmeessttrriinn gg RR dd TT oo ww nn ss hh ii pp SS tt Salem Rd Salem Rd LLiittttlleeEEllmmRRdd Little Elm Rd Little Elm Rd85th Ave 85th Ave HH uu nn tt ss vv ii ll ll ee RRdd SS cc hh oo oo ll AA vv ee GGrreeggggAAvvee OO ll dd WW ii rr ee RR dd FFooxx HHuunn tt ee rr RR dd Sassafras Hill Rd Sassafras Hill Rd BB ll aa cc kk OO aa kk RR dd MMaaiinnAAvvee G u y T e r r y R d G u y T e r r y R d Hwy 62 Hwy 62 BBaarrrriinnggttoonn WW hh ee ee ll ee rr RRdd WW hh ee ee ll ee rr RR dd DD oo uu bb ll ee SS pp rr ii nn gg ss RR dd H w y 62 H w y 62 Black Oak Rd Black Oak Rd B o w e n B l v d B o w e n B l v d W e d i n g t o n D r W e d i n g t o n D r Harmon Rd Harmon Rd College Ave College Ave A r b o r A c r e s A v e A r b o r A c r e s A v e WW ii ll lloouugghhbbyy RRdd HH aammeess tt rr ii nn gg RR dd BB aa rr rr ii nn gg tt oo nn DD ee aa dd HH oo rr ss ee MM oo uu nn tt aa ii nn RR dd H w y 1 6 H w y 1 6 HH ww yy 11 11 22 CCeenntteerr SStt Habberton Rd Habberton Rd HH aa bb bb ee rr tt oo nn RR dd J o y c e Bl v d J o y c e B l v d HH ww yy 11 77 00 1 5 t h S t 1 5 t h S t B e t h e l B l a c k t o p B e t h e l B l a c k t o p B e t h e l B l a c k t o p B e t h e l B l a c k t o p FF uu ll bb rr ii gg hh tt EE xx ppyy Hwy 112 Hwy 112 1 5 t h S t 1 5 t h S t DD oo nn TT yy ss oo nn PP kk ww yy HH ww yy 11 77 00 OOlldd WW iirree RR dd U a B e e f F a r m R d U a B e e f F a r m R d D r a k e S t D r a k e S t Map Document: (G:\GIS2\Core Maps\Master Street Plan (2030)\Maps\MSP_2030_FINAL_Esize.mxd) 4/16/2012 -- 2:58:26 PM Potential Typology Connection - Regional Link Connection - Neighborhood Link Connection - Residential Link Urban Center Regional Link - High Activity Regional Link Neighborhood Link Institutional Master Plan Freeway/Expressway Park Planning Area Boundary City Plan 2040 Master Street Plan Adopted by the Fayetteville City Council on January 7th, 2020 Resolution No. ###-## _____________________________ Mayor _____________________________ City Clerk O 0 1 0.5 Miles Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 14 of 15 SAINT PAUL TRAIL TO THE SOUTH Planning Commission September 8, 2025 ADM-2025-0036 (CITY OF FAYETTEVILLE, WATERSHED CONSERVATION RESOURCE CENTER, BENTON) Page 15 of 15 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Transportation Committee Memo 2025-1889 Meeting of September 30, 2025 To: Transportation Committee Thru: From: Paul Libertini, Staff Engineer Subject: Staff requests a recommendation of approval for a contract with Michael Baker Consultants for the I-49/Stephen Carr Memorial Blvd. Interchange Improvements Recommendation: Staff recommends that the City Council authorize the Mayor to sign the necessary documents provided by the Arkansas Department of Transportation (ARDOT) to issue Task Order No. 018 to Michael Baker International, Inc. for evaluation of alternatives for improvements to the intersection of Stephen Carr Memorial Boulevard and the northbound on/off-ramps for Interstate 49 and approve a Budget Adjustment in the amount of $812,500 to recognize federal aid funding of $650,000 and the required 20% local match of $162,500. Background: In 2012, the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) designated the Fayetteville-Springdale-Rogers, AR-MO urbanized area as a Transportation Management Area (TMA). This TMA designation provides Surface Transportation Block Grant Program – Attributable (STBGP-A) funds to the Northwest Arkansas Regional Planning Commission (NWARPC) based on the 2010 Census Urbanized Area population of 295,083. The Urban Area continues to grow significantly to a recorded 373,687 population in the 2020 Census. In becoming a TMA, the Northwest Arkansas Regional Planning Commission, of which Fayetteville is a member, will have STBGP-A discretionary funding available at approximately $12,000,000 per year. Under current legislation, these STBGP-A funds can be utilized for all permitted transportation projects at the discretion of the TMA Policy Committee. An application for federal funding of the I-49/Stephen Carr Memorial Blvd. Interchange Improvements Project was submitted to and selected by the Northwest Arkansas Regional Planning Commission (NWARPC). On May 22, 2024, the NWARPC approved funding of the design and environmental phases for $650,000 (80%) from STBGP-A funds, but the City must provide a 20% local match of $162,500 for a total of $812,500. Other project phases such as right of way, utilities and construction will be submitted for future year's available STBGP-A funding. On December 4, 2024, City Council approved Resolution 291-24 authorizing the Mayor to sign the Agreement Of Understanding (AOU) with ARDOT to design and construct this project. The AOU was fully executed on January 29, 2025. Discussion: The Local Programs Division of the ARDOT has recently established On-Call Consultants for use by Cities in order to streamline the project development process. The City has requested an On-Call Consultant to evaluate alternatives for this interchange improvement which include a roundabout, signalization, and ramp widening. ARDOT chose Michael Baker International, Inc. from their list of approved consultants and has created Task Order No. 018 for approval by the City. This Task Order is for the study/alternatives phase only with a fee of $97,850. Once this phase is complete and an alternative is selected by the City, then the project Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov will enter into the design phase which will be presented to the City Council at a future date for approval. The budget adjustment attached recognizes the full federal grant match of $650,000 and the required local match of $162,500. Future design phases will be paid from this budget. Budget/Staff Impact: This project is based on an Agreement of Understanding with ARDOT in which Federal-aid money will pay 80% of the project amount and the City will pay the 20% match. Based on the Task Order fee of $97,850 for the study/alternatives phase, the Federal-aid portion will be $78,280 and the City’s match $19,570. The Federal portion will be paid from the Surface Transportation Block Grant Program - Attributable (STBGP-A) funds. City funds will be from the Bond Program Grant Matching fund. Account # Project # Amount 4601.860.7218-5860.02 46020.7218.1040 $78,280.00 4702.860.7218-5860.02 46020.7218.1040 $19,570.00 TOTAL $97,850.00 Attachments: SRF I-49/Stephen Carr Mem. Blvd. Interchange Improvements, NWARPC STBGP-A FFY2025 Fayetteville Award Letter, BA NWARPC Grant - I-49/Stephen Carr Mem. Blvd. Interchange Improvements, Resolution 291-24 Authorization to Sign the Agreement of Understanding, Email to Mayor from ARDOT 8-20- 25, On-Call Task Order No. 018, On-Call Master Agreement Addendum, On-Call Services Master Agreement Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #291-24 Approval Date: Original Contract Number: 46020.7218.1040 Project Number Budget Impact: Streets Bond Projects - Midtown Corridor, Midtown I49 Interchange Fund Bond Program Grant Matching Street Projects Bonds 4601.860.7218-5860.02 4702.860.7218-5860.02 Account Number Project Title City of Fayetteville Staff Review Form 2025-1705 Item ID 10/21/2025 City Council Meeting Date - Agenda Item Only Staff recommends that the City Council authorize the Mayor to sign the necessary documents provided by the Arkansas Department of Transportation (ARDOT) to issue Task Order No. 018 to Michael Baker International, Inc. to evaluate alternatives for the intersection of Stephen Carr Memorial Boulevard and the northbound on/off-ramps for Interstate 49 and approve a Budget Adjustment in the amount of $812,500 to recognize federal funding of $650,000 and the required 20% local match of $162,500. N/A for Non-Agenda Item Action Recommendation: Submitted By Paul Libertini ENGINEERING (621) Division / Department 9/23/2025 Submitted Date Yes 973,585.83$ 97,850.00$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 2,478,276.00$ 1,504,690.17$ Yes Yes 812,500.00$ 1,688,235.83$ City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Requestor: 10/7/2025 2025-1705 D - (City Council) / TOTAL 650,000 650,000 Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4601.860.7218-4309.01 - 650,000 46020 7218.1040 RE Federal Grants - Operational 4601.860.7218-5860.02 78,280 - 46020 7218.1040 EX Capital Prof Svcs - Engineering/Architectural 4601.860.7218-5809.00 571,720 - 46020 7218.1040 EX Improvements - Street 4702.860.7218-5860.02 19,570 - 46020 7218.1040 EX Capital Prof Svcs - Engineering/Architectural 4702.860.7218-5809.00 142,930 - 46020 7218.1040 EX Improvements - Street 4702.860.7999-5899.00 (162,500) - 46020 7999 EX Unallocated - Budget - - - - - - - - - - - - - - - - - - - - - - - - GLDATE: Budget Division Date TYPE: JOURNAL #: Adjustment Number 2025 Paul Libertini ENGINEERING (621)Division /Org2 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.2025826 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Recognize $650,000 in FFY 2025 STBGP-A grant funds awarded by the Northwest Arkansas Regional Planning Commission (NWARPC) COUNCIL DATE: CHKD/POSTED: ITEM ID#: G:\Divs\Engineering\Engineering Design Services\Projects\BOND PROGRAM 2019\I49 Stephen Carr - Job 040966\Federal Funding & Spreadshts & BAs & POs\BA NWARPC Grant Carr I49 Intrchg.xlsx 1 of 1 File Number: 2024-748 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 291-24 I-49/STEPHEN CARR MEMORIAL BLVD (FEDERAL AID FUNDS): A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAY ETTE VILLE TO UTILIZE FEDERAL-AID SURFACE TRANSPORTATION BLOCK GRANT FUNDS IN THE AMOUNT OF $650,000.00 FOR THE DESIGN AND ENVIRONMENTAL PHASES OF THE I-49 /STEPHEN CARR MEMORIAL BOU LEV ARD INTERCHANGE IMPROVEMENTS PROJECT, TO APPROVE A CITY MATCH IN THE AMOUNT OF $162 ,500 .00 , AND TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT OF UNDERSTANDING WITH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE PROJECT WHEREAS, the City of Fayetteville understands Federal-aid Surface Transportation Block Grant Program- Attributable funds are available at 80% federal participation and 20% local match to be used for the 1-49/Stephen Carr Memorial Blvd. Interchange Improvements Project ; and WHEREAS, the City of Fayetteville understands that Federal-Aid funds are available for this project on a reimbursable basis , requiring work to be accomplished and proof of payment prior to actual monetary reimbursement ; and WHEREAS , this project, using federal funding , will be open and available for use by the general public and maintained by the City of Fayetteville . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas expresses its willingness to participate in accordance with its designated responsibilities in this project, including maintenance of this project and providing local matching funds in the amount of$ I 62 ,500.00 . Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute all appropriate applications , agreements, and contracts necessary to expedite the construction of the above stated project. Section 3: That the City Council of the City of Fayetteville , Arkansas pledges its full support and hereby authorizes the City of Fayetteville to cooperate with the Arkansas Department of Transportation to initiate action to implement this project. PASSED and APPROVED on December 4 , 2024 Page 1 Resolution: 291 -24 File Number: 2024-748 Approved: Attest: Page2 PAGE 1 OF 2 ON-CALL SERVICES LOCAL FEDERAL AID PROJECTS (2025-2028) TASK ORDER NO. 018 JOB NO. 040966 I-49/STEPHEN CARR MEMORIAL BLVD. INTCHNG. IMPVTS. (FAYETTEVILLE) (S) Date: (See DocExpress Document Signing History) WHEREAS, the Arkansas State Highway Commission (“Commission”) and Michael Baker International, Inc. (“Consultant”) entered into a Master Agreement for Engineering Services dated February 18, 2025; and WHEREAS, the Master Agreement contemplates the issuance of Task Order Agreements involving the Commission, the Consultant, and a project sponsor (“Sponsor”); and WHEREAS, the Sponsor, City of Fayetteville, has agreed to the terms and conditions of the Master Agreement through execution of the Addendum; and WHEREAS, the services to be provided under this Task Order consist of Title I services, with additional phases to be authorized by amendment as appropriate and as determined by mutual agreement; NOW, THEREFORE, the parties agree as follows: 1. CONTRACT TYPE 1.1. This Task Order shall be Cost-Plus-Fixed-Fee, in accordance with the terms of the Master Agreement. 2. CEILING PRICES 2.1. The Total Ceiling Price for this Task Order is $97,850. 2.2. The Title I Ceiling Price is $97,850. 2.3. The Fixed Fee is $10,216. 3. INDIRECT COST RATE 3.1. The most recently accepted indirect cost rate at the time of execution is for FY 2024. 3.2. The applicable indirect cost rate is 148.787%. 4. ATTACHMENTS 4.1. Attachment A – Scope of Work 4.2. Attachment B – Justification of Costs and Fees and Salary Schedule 4.3. Attachment C – Project Schedule ON-CALL LOCAL FEDERAL AID PROJECTS (2025-2028) JOB 040966, TASK ORDER NO. 018 MICHAEL BAKER INTERNATIONAL, INC. PAGE 2 OF 2 5. COMPLETION DATE 5.1. Deliverables shall be submitted no later than December 23, 2025. 5.2. The anticipated completion date for Title I Services is December 31, 2025. 6. CORRESPONDENCE 6.1. The Sponsor, Local Programs Division, and Consultant Contracts Division shall be copied on this task order and all related correspondence. 6.2. The Sponsor’s designated representative for this Task Order is Paul Libertini. 6.3. Invoices shall be submitted to the following: ARDOT: LPA@ardot.gov Sponsor: via Paul Libertini at plibertini@fayetteville-ar.gov 7. EXECUTION IN WITNESS WHEREOF, the parties execute this Task Order, to be effective upon the Date Set Out in DocExpress. MICHAEL BAKER INTERNATIONAL, INC. By: _______________________________ Mike Stengel Vice President ARKANSAS STATE HIGHWAY COMMISSION By: _______________________________ Jared D. Wiley, P.E. Director CITY OF FAYETTEVILLE By: _______________________________ Molly Rawn Mayor Disclaimer: This contract is signed in DocExpress. The Signing History with all dates and electronic signatures applicable to the execution of this Task Order is located on the final page of the executed contract. ATTACHMENT A - PAGE 1 OF 3 ON-CALL SERVICES LOCAL FEDERAL AID PROJECTS (2025-2028) TASK ORDER NO. 018 JOB NO. 040966, I-49/STEPHEN CARR MEMORIAL BLVD. INTCHNG. IMPVTS. (FAYETTEVILLE) (S) SCOPE OF WORK DESCRIPTION OF THE PROJECT The scope of work for engineering services will generally consist of evaluating alternatives for the intersection of Stephen Carr Memorial Drive and the northbound on/off-ramps for Interstate 49. Alternatives to be evaluated will include a roundabout, signalization, and ramp widening. SERVICES PROVIDED BY THE SPONSOR: 1. SURVEYS 1.1. Provide Available Parcel Surveys 2. ENVIRONMENTAL 2.1. Provide and coordinate the necessary public meetings 2.2. Publish and pay for public notices and legal notices 2.3. Provide appropriate translation services at public meetings as necessary 3. DESIGN 3.1. Provide Available Existing Construction Plans 3.2. Provide Project Goals 3.3. Review and Approve of All Design Alternates, Layouts, & Plans 4. RIGHT-OF-WAY 4.1. Provide Available Existing Right-of-Way Plans SERVICES PROVIDED BY ARDOT 5. ENVIRONMENTAL 5.1. Provide Environmental Constraints 6. DESIGN 6.1. Provide Design Criteria 6.2. Provide Available Existing Construction Plans 6.3. Review and Approve of All Design Alternatives, Layouts, & Plans ON-CALL LP SERVICES (2025-2028) JOB 040966, TASK ORDER NO. 018 MICHAEL BAKER INTERNATIONAL, INC. SCOPE OF WORK ATTACHMENT A - PAGE 2 OF 3 7. RIGHT-OF-WAY 7.1. Provide Existing Right-of-Way Plans TITLE I SERVICES TO BE FURNISHED BY THE CONSULTANT 8. FEASIBILITY COST ESTIMATE 8.1. Design Criteria to be considered for the project will be provided by ARDOT prior to the beginning of work. 8.2. Consider environmental constraints and seek to avoid and/or minimize environmental impacts. 8.3. Perform traffic analysis to determine projected traffic for design year. 8.4. Evaluate Design alternatives that meet design year traffic projections. a) Preliminary roadway grades, alignment, and required number of lanes for main lanes, crossing roads and other roads as needed. b) Estimate for limits of construction to establish a baseline for estimation of potential additional right of way needs. 8.5. Estimate Costs for Right-of-Way Acquisition. 8.6. Estimate Costs for Utility Relocation. 8.7. The consultant shall provide a feasibility/preliminary construction cost estimate taking into consideration construction methods and stage construction, current market conditions, and reasonable contingency costs providing information for all assumptions, the basis of the estimate, and sources listed in narrative form. 8.8. Make revisions necessary to respond to comments received during review. 9. PROJECT MANAGEMENT 9.1. Notify Sponsor and ARDOT of its schedule, in advance, for all activities. 9.2. When specified, seek Right of Entry (ROE) from public or private landowners to perform services. ROE permission shall be written and signed by the landowner. 9.3. Provide monthly updates to the project schedule. 9.4. Recommend scope, schedule, and budget changes in advance with supporting documentation, including efforts to minimize or mitigate the changes in accordance with procedures outlined by ARDOT. 10. PROJECT CONDITIONS OF THE WORK: 10.1. Consultant fee estimate must be agreed upon by all parties. ON-CALL LP SERVICES (2025-2028) JOB 040966, TASK ORDER NO. 018 MICHAEL BAKER INTERNATIONAL, INC. SCOPE OF WORK ATTACHMENT A - PAGE 3 OF 3 10.2. The facility shall be designed in accordance with the Sponsor’s Master Street Plan (if applicable), latest edition of AASHTO, “A Policy on Geometric Design of Highways and Streets”; the latest edition of NACTO, “Urban Bikeway Design Guide”; and ARDOT polic ies, current AREMA publications as appropriate and policies. Other appropriate AASHTO publications and guide specifications shall also be utilized. Upon completion of the contract, the Consultant shall furnish to the Sponsor all electronic files of the pr oject design and plans, Adobe Acrobat PDF file format & AutoCad/Civil 3D file format. 10.3. All plans and surveys shall be in U.S. Foot Units and based on Arkansas State Plane Grid, localized in the existing Sponsor’s Control Network, with ties to ARDOT control points. TITLE I SERVICES HOURS SALARY FIXED FEE EXPENSES TOTAL PROJECT MANAGEMENT 38 $6,543 $785 $0 $7,328 ROADWAY DESIGN & PLANS 397 $53,439 $6,413 $0 $59,852 TRAFFIC ANALYSIS 198 $25,152 $3,018 $2,500 $30,670 SUBTOTAL TITLE I 633 $85,134 $10,216 $2,500 $97,850 TOTAL TITLE I 633 $85,134 $10,216 $2,500 $97,850 TOTAL PROJECT 633 $85,134 $10,216 $2,500 $97,850 Job No. 040966: I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S) Task Order No. 018 Attachment B - Justification of Costs and Fees July 22, 2025 PROJECT SUMMARY 1 of 5 Description Number Months Contract Duration 5 Coordination Meetings 3 Field Inspections 2 General Notes, etc. On site surveys, environmental studies, and public meetings are not included in this scope of work. Description Miles Main Lanes ? Side Roads ? Ramps ? Frontage Roads ? Total ? General Notes, etc. Description Main Lanes Side Roads Total General Notes, etc. 0 0 0 ??? ??? Br. Widenings Br. Replacements MSE Ret. Walls Roadway Bridge Project Management Attachment B - Justification of Costs and Fees July 22, 2025 Job No. 040966: I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S) Task Order No. 018 PROJECT SUMMARY BASIS OF ESTIMATE 2 of 5 PROJECT MANAGEMENT TASK Principal Project Manager Sr. Engineer/ Architect/ Planner Engineer/ Architect/ Planner Sr. Designer Technician Sr. Admin TOTAL Project Setup 2 2 2 6 Prepare Project Management Plan 2 2 General team coordination, team meetings 2 2 2 6 Kickoff meeting and general client coordination 2 2 2 2 8 Billing and project budget/schedule reviews 2 2 Roadway 0 ARDOT coordination meeting 2 2 4 Invoicing 2 6 8 Traffic 0 ARDOT coordination meetings (30%)2 2 TOTAL MH - PROJECT MANAGEMENT 6 10 16 4 0 0 2 38 Category - Description Rate MH Amount Principal $115.00 6 $690 Project Manager $70.00 10 $700 Sr. Engineer/ Architect/ Planner $60.00 16 $960 Engineer/ Architect/ Planner $50.00 4 $200 Sr. Designer $45.00 0 $0 Technician $28.00 0 $0 Sr. Admin $40.00 2 $80 Subtotal $2,630 Overhead 148.787%$3,913 Subtotal $6,543 Fixed Fee $785 FCCM 0.00%$0 Subtotal Labor Costs $7,328 ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11 B&W)each $0.00 $0.00 Printing (11 x 17 B&W)each $0.00 $0.00 Printing (8 1/2 x 11 color)each $0.00 $0.00 Printing (11 x 17 Color)each $0.00 $0.00 Mileage (provide a basis for the estimate)miles $0.700 $0.00 Lodging - statewide (x nights / x persons)night $132.00 $0.00 Meals - 1st day & last day travel Statewide Lunch/Dinner (# persons)day $51.00 $0.00 Meals - Statewide B/L/D (# days x # persons)day $68.00 $0.00 (Other direct expenses - detail here and the billing units)each $0.00 $0.00 Subtotal Expenses $0.00 Subtotal Expenses (rounded)$0 TOTAL COSTS - PROJECT MANAGEMENT $7,328 LABOR COSTS EXPENSES MANHOURS Attachment B - Justification of Costs and Fees July 22, 2025 Task Order No. 018 Job No. 040966: I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S) 3 of 5 ROADWAY DESIGN & PLANS TASK Principal Project Manager Sr. Engineer/ Architect/ Planner Engineer/ Architect/ Planner Sr. Designer Technician Sr. Admin TOTAL Alternative Development/Quantities/Costs 2 2 4 4 12 Kickoff and coordination meetings 3 3 3 3 3 15 Alternative Displays, Duration/Cost Options 2 4 6 Feasibility Study 0 Site Visits as needed for Design 8 8 16 Layout roundabout & ramp widening 2 8 24 120 40 194 Displays 4 16 24 24 68 Report writing 2 8 16 26 QA/QC 2 4 16 24 46 Cost Estimates 2 4 4 4 14 0 0 0 0 0 0 TOTAL MH - ROADWAY DESIGN & PLANS 7 35 85 195 75 0 0 397 Category - Description Rate MH Amount Principal $115.00 7 $805 Project Manager $70.00 35 $2,450 Sr. Engineer/ Architect/ Planner $60.00 85 $5,100 Engineer/ Architect/ Planner $50.00 195 $9,750 Sr. Designer $45.00 75 $3,375 Technician $28.00 0 $0 Sr. Admin $40.00 0 $0 Subtotal $21,480 Overhead 148.787%$31,959 Subtotal $53,439 Fixed Fee $6,413 FCCM 0.00%$0 Subtotal Labor Costs $59,852 ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11 B&W)each $0.00 $0.00 Printing (11 x 17 B&W)each $0.00 $0.00 Printing (8 1/2 x 11 color)each $0.00 $0.00 Printing (11 x 17 Color)each $0.00 $0.00 Mileage (provide a basis for the estimate)miles $0.700 $0.00 Lodging - statewide (x nights / x persons)night $132.00 $0.00 Meals - 1st day & last day travel Statewide Lunch/Dinner (# persons)day $51.00 $0.00 Meals - Statewide B/L/D (# days x # persons)day $68.00 $0.00 (Other direct expenses - detail here and the billing units)each $0.00 $0.00 Subtotal Expenses $0.00 Subtotal Expenses (rounded)$0 TOTAL COSTS - ROADWAY DESIGN & PLANS $59,852 EXPENSES Attachment B - Justification of Costs and Fees July 22, 2025 Job No. 040966: I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S) Task Order No. 018 MANHOURS LABOR COSTS 4 of 5 TRAFFIC ANALYSIS TASK Principal Project Manager Sr. Engineer/ Architect/ Planner Engineer/ Architect/ Planner Sr. Designer Technician Sr. Admin TOTAL Note - all tasks include QA/QC and revisions Data Collection 0 Traffic Counts Review- 4 6-hr TMCs, 3 48-hr Class (ODCS - 2K)2 4 6 Field Visit - 2 staff 2 2 4 Traffic Forecasting 0 Growth Rate Development - using historical traffic data, historical and projected population data, no travel demand modeling 4 8 12 Traffic Volumes - 4 Intersections in 4 Scenarios (Design Year No Build + 3 Build Alternatives)8 20 28 Traffic Analysis 0 Synchro Analysis (MOEs are Intersection Capacity, LOS) - 4 intersections in 4 scenarios 16 32 48 SimTraffic Analysis (MOEs are Intersection 95th %ile queues) - 4 intersections in 4 scenarios 8 12 20 HCS Analysis - for ramp tapers as needed and ramp merge, Northbound Interstate Only 16 8 24 Traffic Report 0 Traffic Forecasting Methodology and Diagrams 8 16 24 Traffic Analysis Methodology and Results 16 16 32 0 0 0 0 80 0 118 0 0 198 Category - Description Rate MH Amount Principal $115.00 0 $0 Project Manager $70.00 0 $0 Sr. Engineer/ Architect/ Planner $60.00 80 $4,800 Engineer/ Architect/ Planner $50.00 0 $0 Sr. Designer $45.00 118 $5,310 Technician $28.00 0 $0 Sr. Admin $40.00 0 $0 Subtotal $10,110 Overhead 148.787%$15,042 Subtotal $25,152 Fixed Fee $3,018 FCCM 0.00%$0 Subtotal Labor Costs $28,170 ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11 B&W)each $0.00 $0.00 Printing (11 x 17 B&W)each $0.00 $0.00 Printing (8 1/2 x 11 color)each $0.00 $0.00 Printing (11 x 17 Color)each $0.00 $0.00 Mileage (provide a basis for the estimate)miles $0.700 $0.00 Lodging - statewide (x nights / x persons)night $132.00 $0.00 Meals - 1st day & last day travel Statewide Lunch/Dinner (# persons)day $51.00 $0.00 Meals - Statewide B/L/D (# days x # persons)day $68.00 $0.00 Traffic Counts 1 total $2,500.00 $2,500.00 Subtotal Expenses $2,500.00 Subtotal Expenses (rounded)$2,500 TOTAL COSTS - TRAFFIC ANALYSIS $30,670 EXPENSES Attachment B - Justification of Costs and Fees July 22, 2025 Job No. 040966: I-49/Stephen Carr Memorial Blvd. Intchng. Impvts. (Fayetteville) (S) Task Order No. 018 MANHOURS LABOR COSTS 5 of 5 ID Task Mode Task Name Duration Start Finish Predecessors 1 NTP 0 days Mon 8/4/25 Mon 8/4/25 2 Alternative Evaluation 7 days Mon 8/4/25 Tue 8/12/25 1 3 Feasibility Study 60 days Wed 8/13/25 Tue 11/4/25 2 4 ARDOT Review 14 days Wed 11/5/25 Mon 11/24/25 3 5 Revisions 21 days Tue 11/25/25 Tue 12/23/25 4 6 ARDOT Review 7 days Wed 12/24/25 Thu 1/1/26 5 8/4 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 Aug '25 Sep '25 Oct '25 Nov '25 Dec '25 Jan '26 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress Job 040966, I-49/Stephen Car Memorial Blvd. Intchng. Impvts. (Fayetteville) (S) Attachment C Project Schedule Page 1 Project: Design Schedule Date: Tue 7/22/25 0 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I :A" ♦ , -;. 1 -;. I ~ r -;. I,, -;. I " '., -;. I I I [ ... lllllllllllllllllllllllll J ♦ l I l a n I I ~ Page 1 of 3 MASTER AGREEMENT ADDENDUM ON-CALL SERVICES LOCAL FEDERAL AID PROJECTS (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. INCORPORATION OF PROJECT SPONSOR 1. INCORPORATION OF SPONSOR 1.1. This Addendum is made and entered into as an addition to the Agreement dated February 18, 2025, between the Arkansas Department of Transportation (ARDOT) and Michael Baker International, Inc., “Consultant”, (hereinafter referred to as the "Agreement"). The purpose of this Addendum is to incorporate the City of Fayetteville as the “Sponsor”, into the Agreement, ensuring all provisions, terms, and conditions of the Agreement are binding and applicable to the local agency. 1.2. The Sponsor is hereby added as a party to the Agreement and shall have all the rights, obligations, and responsibilities outlined in the original Agreement, as applicable. The Consultant agrees to provide services to the Sponsor as outlined in the Agreement, subject to all terms and conditions. 2. RESPONSIBILITIES 2.1. ARDOT will retain oversight and management authority to ensure compliance with applicable state and federal regulations. The Sponsor assumes responsibility for approving deliverables and milestones specific to the Sponsor's projects and coordinating directly with the Consultant for day -to-day project management and decisions. 2.2. The Consultant’s compensation for services rendered to the Sponsor shall be paid in accordance with the terms outlined in the Agreement. Payments for Sponsor-specific projects shall be made from Sponsor funds, subject to any ARDOT oversight or approval requirements as stipulated in the Agreement and reimbursed upon proof of payment for service and demonstrated adherence to Federal Acquisitions Regulation (FAR) Cost Principles. 2.3. The Sponsor shall be included alongside ARDOT in any provisions regarding indemnification, liability, or insurance requirements as outlined in the Agreement. 2.4. The Consultant shall comply with all federal, state, and local laws, regulations, and policies applicable to services performed for the Sponsor under this Agreement, as required for ARDOT administered agreements. Page 2 of 3 2.5. The Consultant shall maintain records for Sponsor-specific projects in accordance with the Agreement’s requirements for audit and financial review. ARDOT retains the authority to review and audit records for Sponsor-administered projects to ensure compliance with applicable state and federal requirements. 2.6. This Addendum may be modified or terminated only by mutual written agreement of ARDOT, the Sponsor, and the Consultant. Termination of the Agreement or this Addendum does not relieve the Consultant of obligations related to prior services performed for the Sponsor. 2.7. All terms, conditions, and provisions of the original Agreement are hereby incorporated by reference into this Addendum and made applicable to the Sponsor, unless expressly modified herein. 3. CERTIFICATION OF SPONSOR 3.1. The Mayor of the City of Fayetteville certifies that neither the aforementioned consulting firm nor its representative has not been required, either directly or indirectly, as a condition for obtaining or executing this contract, to: 3.1.1. Employ or retain any firm or person, or agree to do so. 3.1.2. Pay or agree to pay any fees, contributions, donations, or any other form of consideration to any firm, person, or organization. 3.1.3. Except as expressly stated herein (if applicable). Page 3 of 3 4. NOTICE Arkansas Department of Transportation 10324 Interstate 30 Post Office Box 2261 Little Rock, AR 72203 ConsultantContracts@ARDOT.gov Michael Baker International, Inc. Mike Stengel 3425 North Futrall Drive, Suite 101 Fayetteville, AR 72703 mhstengel@mbakerintl.com City of Fayetteville Molly Rawn, Mayor 113 W. Mountain St. Fayetteville, AR 72701 mayor@fayetteville-ar.gov IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the date set out above. MICHAEL BAKER INTERNATIONAL, INC. ARKANSAS STATE HIGHWAY COMMISSION BY: _______________________________ BY: __________________________________ Mike Stengel Vice President Jared D. Wiley, P.E. Director CITY OF FAYETTEVILLE BY: _______________________________ Molly Rawn Mayor Disclaimer: This contract is being electronically signed. The DocExpress Document Signing History will be located on the final page of the executed contract. This document will have all dates and electronic signatures applicable to the execution of this contract. From:Mayhan, Brandi A. To:Stengel, Michael H Cc:Furr, Amanda; Jackson, Jessica S.; Siskowski, David M.; Moyer, Camille A.; Local Projects Administration Subject:On-Call Local Federal Aid Projects (2025-2028) Master Agreement with Michael Baker International, Inc. Date:Tuesday, February 18, 2025 2:10:00 PM Attachments:2025LP00-MBII.pdf image001.png Mr. Stengel, Transmitted with this e-mail is one executed copy of Michael Baker International, Inc.’s On-Call Services for Local Federal Aid Projects (2025-2028) Master Agreement. It will also be uploaded into this drawer in Doc Express: https://docexpress.com/drawers/211410. As the need arises for project Task Orders, you will be furnished with a project description and a scope of work to prepare the Task Order. Thank you, Brandi Mayhan Consultant Specialist - Consultant Contracts Arkansas Department of Transportation 501.569.2104 M ASTER A GREEMENT O N -C ALL S ERVICES L OCAL F EDERAL A ID P ROJECTS (2025 -2028) ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII PRELIMINARY MATTERS ZEK5MQHFTPVK-2146535117-287 Page 2 of 40 CONTENTS 1. PRELIMINARY MATTERS ...................................................................................................................................................... 4 2. PARTIES TO THE AGREEMENT ........................................................................................................................................... 5 3. RESPONSIBILITY MATTERS ................................................................................................................................................. 6 4. CONTRACT AUTHORITY ....................................................................................................................................................... 7 5. PROJECT COORDINATION ................................................................................................................................................... 8 6. CONTRACT CEILINGS ........................................................................................................................................................... 9 7. TASK ORDERS ....................................................................................................................................................................... 9 8. ALLOWABLE COSTS ........................................................................................................................................................... 10 9. COSTS NOT ALLOWED ....................................................................................................................................................... 11 10. INVOICING ............................................................................................................................................................................ 11 11. TRAVEL REGULATIONS ...................................................................................................................................................... 13 12. WITHHOLDING PAYMENT................................................................................................................................................... 14 13. STOP WORK ORDERS ........................................................................................................................................................ 14 14. COMMENCEMENT, TERM, AND COMPLETION ................................................................................................................ 15 15. FUNDING LIMITATIONS....................................................................................................................................................... 15 16. TERMINATION ...................................................................................................................................................................... 16 17. CHANGES ............................................................................................................................................................................. 16 18. DISPUTES AND CLAIMS...................................................................................................................................................... 17 19. INTELLECTUAL PROPERTY ............................................................................................................................................... 19 20. RECORDS AND AUDITS ...................................................................................................................................................... 19 21. BANKRUPTCY ...................................................................................................................................................................... 21 22. EMPLOYMENT OF PRESENT AND FORMER EMPLOYEES ............................................................................................. 21 23. SUCCESSORS AND ASSIGNS ............................................................................................................................................ 22 24. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY................................................................................... 22 25. INSURANCE REQUIREMENTS ........................................................................................................................................... 23 26. SUBCONTRACTING ............................................................................................................................................................. 24 27. STANDARD OF CARE .......................................................................................................................................................... 26 28. DEBARMENT AND SUSPENSION ....................................................................................................................................... 27 29. CERTIFICATION OF COMPLIANCE WITH APPLICABLE LAWS ........................................................................................ 27 30. CERTIFICATION OF COMPLIANCE WITH ARKANSAS LAW............................................................................................. 28 31. NONDISCRIMINATION STATEMENT .................................................................................................................................. 28 32. CONFLICTS OF INTEREST ................................................................................................................................................. 28 33. ATTESTATION ...................................................................................................................................................................... 29 34. CERTIFICATION DETAILS ................................................................................................................................................... 29 35. CERTIFICATION OF ARKANSAS STATE HIGHWAY COMMISSION ................................................................................. 30 36. EXECUTION ......................................................................................................................................................................... 30 GENERAL SCOPE OF WORK ...................................................................................................................................................... 32 1. ENGINEERING AND DESIGN SERVICES ........................................................................................................................... 33 2. RIGHT OF WAY SERVICES ................................................................................................................................................. 34 3. PLANNING SERVICES ......................................................................................................................................................... 34 4. NEPA SUPPORT SERVICES ............................................................................................................................................... 35 5. SURVEYING ......................................................................................................................................................................... 36 6. GEOTECHNICAL SERVICES ............................................................................................................................................... 37 7. CONSTRUCTION INSPECTION SERVICES ....................................................................................................................... 38 8. DELIVERABLES AND PROJECT-SPECIFIC SERVICES .................................................................................................... 39 ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII PRELIMINARY MATTERS ZEK5MQHFTPVK-2146535117-287 Page 3 of 40 PREAMBLE THIS AGREEMENT, entered into by and between the Arkansas State Highway Commission (“Commission”), acting by and through its Director (“Director”), as authorized by Commission Action on June 19, 2024, and Michael Baker International, Inc. (“Consultant”), se ts forth the terms and conditions under which the Consultant will provide services as needed to the Arkansas Department of Transportation (ARDOT) and Local Public Agencies (Project Sponsors) for professional services as detailed herein. WITNESSETH: WHEREAS, on-call service contracts have been found to be an effective method of supplementing existing staff; and WHEREAS the procurement of an additional group of on -call consultants for local Federal-aid projects will streamline the project delivery process and expedite the use of funding that is allocated to local public agencies; and WHEREAS, the purpose of this Agreement is to define the terms and conditions under which ARDOT, operating under its authority pursuant to applicable State and Federal laws, will oversee professional services provided by the Consultant in support of Project Sponsors. This oversight ensures the efficient, effective, and compliant use of Federal funds for transportation improvements that serve the public interest ; and WHEREAS, the Consultant’s staff is well qualified, capable, and has capacity to complete anticipated projects on schedule. NOW THEREFORE, it is considered to be in the best public interest for the Commission to obtain the assistance of the Consultant’s organization to provide professional services associated with local public agency projects. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII PRELIMINARY MATTERS ZEK5MQHFTPVK-2146535117-287 Page 4 of 40 1. PRELIMINARY MATTERS 1.1. DOT: The United States Department of Transportation. 1.2. FHWA: The Federal Highway Administration. 1.3. FAR: Federal Acquisition Regulations, codified in Title 48 Code of Federal Regulations (CFR). 1.4. ARDOT OR DEPARTMENT: Collectively the Arkansas State Highway Commission and the Arkansas Department of Transportation. 1.5. CHIEF ENGINEER: The Chief Engineer–Preconstruction of the Arkansas Department of Transportation. 1.6. ASSISTANT CHIEF ENGINEER: Assistant Chief Engineer–Program Delivery of the Arkansas Department of Transportation. 1.7. CONSULTANT’S REPRESENTATIVE: The individual designated to act as the primary point of contact and authorized agent for all matters related to the execution, performance, and administration of this Agreement. The Consultant's Representative shall have the authority to make decisions, communicate on behalf of the Consultant, and ensure compliance with the terms and conditions of the contract. 1.8. CONTRACT PRICE: The aggregate amount of allowable costs and fees to be paid to the Consultant under this Agreement. 1.9. FEE: Whether fixed or otherwise, a dollar amount that includes profit paid to the Consultant for work completed. 1.10. INDIRECT COST RATE OR ICR: A percentage used in contracts to allocate indirect costs to direct costs or activities, determined by dividing the allowable indirect costs by an equitable allocation base, in compliance with the cost principles outlined in FAR Part 31. The maximum allowable ICR shall be approved by the Department for use by the Consultant. 1.11. MULTIPLIER: A calculated mark-up of direct hourly salary rates based on a Department -approved indirect cost rate, which includes overhead and profit. 1.12. PROJECT SPONSOR: The Project Sponsor, which may include, but is not limited to, a city, county, municipality, or other governmental entity responsible for initiating, managing, and implementing a project funded in whole or in part through Federal or State assistance. The Project Sponsor is tasked with ensuring compliance with all applicable laws, regulations, and funding requirements and serves as the primary authority for project execution within its jurisdiction. 1.13. SPONSOR'S REPRESENTATIVE: The individual designated by the Sponsor to act as its authorized agent for all matters related to the administration, execution, and oversight of this Agreement, and to serve as the primary point of contact for the Consultant, Department, and other stakeholders, ensuring the Sponsor's interests and responsibilities are effectively managed for the Agreement duration. 1.14. TITLE I SERVICES: The FHWA designation of funding for preconstruction services provided before the award of a construction contract. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII PARTIES TO THE AGREEMENT ZEK5MQHFTPVK-2146535117-287 Page 5 of 40 1.15. TITLE II SERVICES: The FHWA designation of funding for services provided after the award of a construction contract. 1.16. PROJECT OR TASK ORDER: Refers to individual assignments, tasks, or scopes of work issued under this Agreement, each representing a distinct effort or deliverable to be performed by the Consultant. Each Project is governed by a specific work authorization that details the objecti ves, scope, schedule, contract value, and deliverables required for that assignment. 1.17. AGREEMENT OR CONTRACT: Legally binding documents including the Master Agreement and all referenced or added by Addenda, Appendices, Task Orders, Supplemental Agreements, Subcontracts, and Subconsultant Agreements. 1.18. ADDENDUM: A supplementary document executed as an amendment to this Agreement, formally incorporating a specific Project Sponsor as a contract authority for this Agreement. The Addenda shall define the Project Sponsor, its associated responsibilities, project-specific terms applicable to the services provided under this Agreement and extend the terms of this Agreement to the Project Sponsor, maintaining any and all contract terms and obligations. 1.19. DEFAULT: The material failure of the Consultant to perform any of the provisions of this Agreement. Default includes, but is not limited to, material failure to complete phases of the work according to schedule or material failure to make progress in the work so as to endanger timely performance of this Agreement, failure to pay subcontractors in a timely manner, failure to comply with applicable Federal and State laws enforced as of the effective date of this Agreement, and failure to comply with certifications made in or pursuant to this Agreement. 1.20. SUBCONTRACT: A formal agreement between the Consultant and another entity to perform a portion of the work or services required under this Agreement or an assigned Task Order. Subcontracts must comply with FAR, the terms and conditions of this Agreement, and are subject to the approval of the Department and Project Sponsor, as applicable. 1.21. SUBCONSULTANT: A subcontractor providing professional, technical, or other services directly related to the scope of this Agreement or an assigned Task Order. A subcontract shall be deemed defined and appended to the Agreement in the form of a Subconsultant Agreement when the services are governed by FAR Subpart 36.6 - Architect-Engineer Services. 2. PARTIES TO THE AGREEMENT 2.1. The Consultant’s Representative may only be amended as authorized by Supplemental Agreement and shall: 2.1.1. Serve as the primary point of contact and authorized agent for the Consultant under this Agreement. 2.1.2. Be responsible for compliance with Agreement obligations. 2.1.3. Be responsible for timely completion of assigned tasks. 2.2. ARDOT’S REPRESENTATIVE FOR CONTRACT MATTERS is the Division Head of Consultant Contracts, who will: ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII RESPONSIBILITY MATTERS ZEK5MQHFTPVK-2146535117-287 Page 6 of 40 2.2.1. Administer and resolve matters related to the overall Agreement . 2.2.2. Ensure compliance with contractual terms. 2.2.3. Oversee negotiation of costs and fees and coordinate execution of the Agreement. Addenda, Task Orders, and Supplemental Agreements, as applicable. 2.2.4. Act as the primary liaison between ARDOT and the Consultant for Agreement matters. 2.3. ARDOT’S REPRESENTATIVE FOR COORDINATION AND TASK ORDER SERVICES is the Division Head of Local Programs, who will: 2.3.1. Oversee Task Order assignments for the Agreement. 2.3.2. Approve scopes of work. 2.3.3. Monitor Task Order progress. 2.3.4. Address project-specific inquiries. 2.3.5. Ensure deliverables align with the objectives and timelines of Task Orders. 2.4. THE PROJECT SPONSOR AND PROJECT SPONSOR’S REPRESENTATIVE will be defined and added to the Agreement by Addendum. The Project Sponsor’s Representative will: 2.4.1. Serve as the primary point of contact for the Project Sponsor. 2.4.2. Provide all necessary project information and approvals in a timely manner to avoid delays . 2.4.3. Maintain detailed recordkeeping and management of assigned projects. 2.4.4. Transmit information to project stakeholders. 2.4.5. Perform detailed reviews of the Consultant’s deliverables. 2.4.6. Transmit deliverables to ARDOT for review and approval as required. 2.4.7. Address project-specific issues and concerns. 2.4.8. Coordinate with ARDOT’s Representatives to resolve project-specific issues. 2.4.9. Ensure progress payments and invoice records are complete, accurate, and compliant prior to submittal to ARDOT for reimbursement. 3. RESPONSIBILITY MATTERS 3.1. GENERAL PROVISIONS 3.1.1. Neither the employees of the Consultant nor those of its subconsultants, if applicable, shall be considered employees of ARDOT or the Project Sponsor for any purposes under this Agreement. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII CONTRACT AUTHORITY ZEK5MQHFTPVK-2146535117-287 Page 7 of 40 3.1.2. The Consultant affirms that it has no interest, direct or indirect, that would conflict in any way with its obligations under this Agreement. Furthermore, the Consultant shall not enter into any other agreements during the term of this Agreement that would create a conflict of interest with the services provided herein or that would adversely affect ARDOT or the Project Sponsor in relation to this Agreement. 3.1.3. Notwithstanding any review, approval, acceptance, or payment by ARDOT or the Project Sponsor, the Consultant shall remain responsible for the professional Standard of Care of services furnished under this Agreement. 3.1.4. The Consultant shall demonstrate to ARDOT and/or the Project Sponsor’s representative the implementation of quality assurance measures in its work. This includes identifying individuals responsible for the completeness and technical accuracy of services provided, as well as methods used to determine the completeness and accuracy of drawings, specifications, and cost estimates.. 3.1.5. When services are design related, the Consultant agrees to adhere to the requirements outlined in ARDOT and FHWA design standards, which are incorporated into this Agreement by reference. 3.1.6. ARDOT and/or the Project Sponsor retain the right, at their discretion, to submit any portion of the Consultant’s work for review by independent consulting engineers engaged for that purpose. The Consultant shall fully cooperate with such reviews. 3.1.7. The Consultant shall employ only qualified and competent personnel to perform the work under this Agreement. 3.1.8. The rights and remedies provided to ARDOT and/or the Project Sponsor under this Agreement are in addition to any other rights and remedies provided by law. 3.1.9. If the Consultant consists of more than one legal entity, all such entities shall be jointly and severally liable under this Agreement. 3.1.10. General Provisions shall apply to subconsultants, if applicable, and shall be incorporated into subcontract provisions. 4. CONTRACT AUTHORITY 4.1. ARDOT AND THE PROJECT SPONSOR SHALL: 4.1.1. Approve or disapprove actions related to the Agreement, including Task Order assignment and cost negotiation with the Consultant. 4.1.2. Oversee the execution, modification, and renewal of the Agreement, Addenda, Task Orders, and Supplemental Agreements. 4.1.3. Monitor costs and deliverables to ensure adherence to project scopes of work and applicable Federal and State requirements. 4.2. ARDOT SHALL: ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII PROJECT COORDINATION ZEK5MQHFTPVK-2146535117-287 Page 8 of 40 4.2.1. Promptly review proposed Task Order costs, fees, scopes, and deliverables. 4.2.2. Provide guidance to all project stakeholders on Department policies and procedures . 4.2.3. Review and post eligible reimbursements to the Project Sponsor for invoiced services paid to the Consultant. 4.2.4. Monitor project costs and budgets to ensure Federal funding compliance. 4.2.5. Reimburse the Project Sponsor for eligible Federal matching funds or other applicable funding sources in accordance with Agreement terms. 4.2.6. Coordinate with the FHWA and provide guidance to Project Sponsors and Consultants as needed. 4.3. THE PROJECT SPONSOR SHALL: 4.3.1. Promptly review proposed Task Order costs, fees, scopes, and deliverables. 4.3.2. Assume responsibility for local administration and management of assigned Task Orders, including alignment with the scope of work. 4.3.3. Review and approve Consultant invoices. 4.3.4. Notify ARDOT of significant changes to project scope, schedule, or budget . 4.3.5. Adhere to applicable Federal, State, and local laws, regulations, and guidelines. 4.3.6. Maintain compliance with the National Environmental Policy Act (NEPA), the Uniform Act, the Americans with Disabilities Act (ADA) requirements, and other Federal mandates. 4.3.7. Submit complete and accurate invoices for reimbursement to ARDOT, proof of payment rendered to Consultant, and other supporting documentation, as applicable. 4.3.8. Monitor project ceilings and ensure proper allocation of costs in accordance with Task Orders. 4.3.9. Retain project records for audit purposes. 4.3.10. Address project risks, delays, cost overruns, or compliance issues, and notify ARDOT immediately if they may impact project timelines or funding. 4.3.11. Assist ARDOT in resolving disputes with the Consultant when required. 5. PROJECT COORDINATION 5.1. COORDINATION MEETINGS: The Consultant shall organize and participate in coordination meetings as necessary with representatives of the Project Sponsor, ARDOT, and FHWA to ensure effective communication and collaboration. These meetings will provide updates on project progress and address any issues requiring input or direction from the Project Sponsor, ARDOT, or FHWA. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII CONTRACT CEILINGS ZEK5MQHFTPVK-2146535117-287 Page 9 of 40 5.2. WORK REVIEW LOCATION: The Consultant’s work and all files and documents produced under this Agreement may be reviewed by representatives of the Project Sponsor, ARDOT, and FHWA at the Consultant’s project office. 5.3. ENTRY UPON PRIVATE PROPERTY: The Project Sponsor shall notify private landowners of the Consultant’s need for access to private property using a letter drafted by the Consultant. The Consultant shall only enter private property with the landowner’s consent and notify the Project Sponsor if access is denied. 5.4. INACTIVE FEDERAL FUNDS AND POSITIVE PROGRESS: The parties acknowledge the importance of timely use of Federal funds to comply with FHWA’s guidance and avoid de-obligation or loss of funding. The Consultant, Project Sponsor, and ARDOT shall ensure positive progress in fulfilling their respective obligations under the Agreement to maintain funding eligibility and avoid delays. 6. CONTRACT CEILINGS 6.1. The maximum amount payable for Title I Services under this Agreement is $4,000,000. 6.2. The maximum amount payable for Title II Services under this Agreement is $4,000,000. 6.3. The maximum amount payable for all services under this Agreement is $8,000,000. 6.4. TASK ORDER CEILING PRICE: Each Task Order will include a defined ceiling amount for Title I Services, Title II Services, or both as applicable. For design services Task Orders where effort is included as a placeholder for services to be performed during Construction, both Title I and Title II Ceiling prices shall be defined. 6.5. The Consultant shall not incur costs exceeding any specified Contract Ceiling without prior approval in the form of a Supplemental Agreement. Aggregate payments under this Agreement, including all costs and fees, shall not exceed the Contract Ceiling Price. No adjustment of the Indirect Cost Rate, other adjustment, claim or dispute shall affect the limits imposed by these ceiling prices. No payme nt of costs or fees shall be made above these ceiling prices unless modified by Supplemental Agreement. 7. TASK ORDERS 7.1. CONTRACT STRUCTURE: In exchange for services performed, the Consultant will be compensated as outlined in Task Orders issued under this Agreement. Task Orders shall define the scope, negotiation, and payment terms, and will follow one of the following structures: 7.1.1. COST PLUS-FIXED-FEE TASK ORDER: Payment will be made for all allowable and pre- approved direct and indirect costs incurred during the performance of the work, plus a predetermined Fixed Fee. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII ALLOWABLE COSTS ZEK5MQHFTPVK-2146535117-287 Page 10 of 40 7.1.2. LUMP SUM (FIRM FIXED FEE) TASK ORDER: Compensation will consist of a specified, predefined fee that represents full payment for all costs associated with the performance of the work, including labor, materials, overhead, and profit. Services shall be invoiced monthly as a percentage of the total work completed or upon achieving milestones as defined in the Task Order. 7.1.3. SPECIFIC RATE OF COMPENSATION TASK ORDER: Payment will be based on approved labor and activity rates specified in the Task Order. Compensation for overhead and profit will be calculated by applying an approved Multiplier to the applicable salary rate. The Fee includes all costs to be incurred by the Consultant, and no additional reimbursement will be made for costs exceeding those negotiated in the individual Task Order. The Consultant assumes responsibility for all costs and risks associated with fulfilling the obligations of the Task Order. 7.2. GENERAL TASK ORDER PROVISIONS: Regardless of the type of Task Order, the Consultant shall not be reimbursed for any costs exceeding the Task Order Ceiling unless modified through a Supplemental Agreement. 7.2.1. The Consultant is responsible for managing all costs and risks associated with fulfilling the obligations under the Task Order. 7.2.2. Payment will only be made for work completed in accordance with the scope and requirements outlined in the Task Order’s Scope of Work. 7.2.3. The Consultant will only be compensated for work actually performed. 8. ALLOWABLE COSTS 8.1. Allowable costs are subject to the limitations, regulations, and cost principles and procedures in FAR and the State of Arkansas Travel Regulations as adopted by the Department ’s Accounting Manual, which are expressly incorporated into this Agreement by reference. Those recorded costs that, at the time of the request for reimbursement, the Consultant has paid by cash, check, or other form of actual payment for items or services purchased directly for the Agreement. 8.2. COST ELIGIBILITY: Costs eligible for payment include only: 8.2.1. Materials issued from the Consultant’s inventory and placed in the production process for use in its performance under this Agreement. 8.2.2. Direct labor. 8.2.3. Direct travel. 8.2.4. Other direct in-house costs as specified and allowed by the Task Order. 8.2.5. Properly allocable and allowable indirect costs, as shown in the records maintained by the Consultant for purposes of obtaining reimbursement under government contracts. 8.2.6. Allowable payments made to the Consultant’s subconsultants under similar cost standards and as provided for in the Task Order. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII COSTS NOT ALLOWED ZEK5MQHFTPVK-2146535117-287 Page 11 of 40 8.3. MAXIMUM DIRECT HOURLY RATES: All labor categories that the Consultant anticipates utilizing for work assigned will be negotiated for the term of the Task Order. No salary above the rates agreed upon in the Task Order nor any salary classifications not included in the Task Order will be allowed for billing or fee negotiation purposes without written prior approval. 8.4. OVERTIME COSTS shall be reimbursed only when the overtime has been authorized in writing. When authorized, overtime shall be reimbursed at the rate of time and one -half for all nonexempt employees. Notwithstanding this provision, the Consultant must comply with all Federal and State wage and hour laws and regulations, regardless of whether the overtime is considered reimbursable under this Agreement. 8.5. NON-SALARY DIRECT RATES: If applicable, non-salary direct rates such as unit rates for specific services shall be negotiated for each individual Task Order. 9. COSTS NOT ALLOWED 9.1. COST CONTROL AND FEE INTEGRITY: The Consultant is responsible for ensuring that the staff assigned to perform services under a Task Order are substantially representative of those presented during the negotiation of Task Order costs and fees. Billing for salary classifications not includ ed in the Task Order or at rates exceeding the approved maximum hourly rates is prohibited unless prior written authorization is obtained from the Project Sponsor and the Department. Notwithstanding any other clause of this Agreement, ARDOT or the Project Sponsor may, at any time, issue to the Consultant a written notice of intent to disallow specified costs incurred or planned for incurrence under an assigned Task Order if such costs are determined not to be allowable under the terms of the Agreement. 9.2. If the Consultant’s staff are compensated at rates higher than the allowable billing rates, the excess amount shall be borne by the Consultant and not passed on to the Department or Project Sponsor. 9.3. If a subsequent audit determines that: (1) items not properly reimbursable have been reimbursed as direct costs; or (2) the Indirect Cost Rate includes items not allowable under FAR, the following actions shall apply: the Indirect Cost Rate will be retroactively amended to reflect only allowable indirect costs incurred, and for both direct and indirect costs, the offset of overpayments will be made on future payments, or the Consultant shall refund any overpayment. 9.4. Failure to issue a notice under this section shall not waive or otherwise limit the Project Sponsor’s or ARDOT’s right to disallow payment for any incurred costs determined to be unallowable under the terms of this Agreement. This right applies to both current payment requests and any payments later determined to have been made in error. 10. INVOICING 10.1. The Consultant shall submit a detailed invoice no more than once monthly, and no more than thirty days following the performance of work by either by the Consultant or any applicable subcontractors supported by: 10.1.1. A statement of the claimed allowable costs submitted for performing the Task Order services. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII INVOICING ZEK5MQHFTPVK-2146535117-287 Page 12 of 40 10.1.2. The estimated amount and value of assigned services that have been completed for the Task Order to date. 10.1.3. Additional information requested by the Project Sponsor or ARDOT including invoice calculations in native files format. 10.2. INVOICE REQUIREMENTS: Each invoice must be provided on a template approved of or provided by ARDOT. The invoice shall include cost, and fees claimed for the specific Task Order since submittal of the last invoice. Invoices shall include the following details: 10.2.1. Consultant’s name and address. 10.2.2. Federal Tax ID Number. 10.2.3. Job name and number. 10.2.4. Task Order number. 10.2.5. ARDOT-specific Invoice Number. 10.2.6. Invoice date and billing start/end dates. 10.2.7. Total earned for the period. 10.2.8. Total amount due for the period detailing deductions for previous overpayments, errors, or credits applied. 10.2.9. Project-to-date billing totals. 10.2.10. Consultant’s signature and certifying statement. 10.3. INVOICE APPROVAL: Upon approval of the invoice, payment shall be made to the Consultant as soon as practicable. Payment will include all allowable costs and the approved portion of the agreed - upon fee less any previous payments. Notwithstanding any other provision of this A greement, only costs and fees deemed allowable under Subpart 31.2 of the FAR, as in effect on the date of this Agreement, and in accordance with the terms of this Agreement, shall be reimbursed or paid. Invoices shall be submitted to the Project Sponsor for payment as directed in the Task Order. 10.4. FINAL INVOICE: The Consultant shall submit a final invoice, designated as such, promptly upon completion of the work, but no later than forty-five (45) days after the date that work assigned by a Task Order is complete. Upon approval of the final invoice, and upon the Consultant’s compliance with all terms of this Agreement, the Project Sponsor shall promptly pay any balance of allowable costs and estimated fee owed to the Consultant. After the final release, the Consultant shall continue to provide services as needed through Supplemental Agreement(s) with respect to the contracted services under this Agreement until project completion. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII TRAVEL REGULATIONS ZEK5MQHFTPVK-2146535117-287 Page 13 of 40 10.5. FINAL RELEASE: As a condition precedent to receiving final payment for services rendered for an assigned Task Order, the Consultant shall execute and deliver to both the Project Sponsor and ARDOT a release of all claims arising under or by virtue of the Task Order. This release shall include all claims known or that reasonably could have been known to exist, except for any claims explicitly stated and excepted by the Consultant in the release, with the amounts of such claims clearly specified. 11. TRAVEL REGULATIONS 11.1. USE OF PUBLIC FUNDS FOR TRAVEL: Travel costs, including transportation, lodging, and meals, shall be reasonable and necessary to achieve the objectives of the assigned work.The Consultant shall incur expenses economically and in accordance with applicable Federal, State and ARDOT regulations and policies governing the use of public funds. 11.2. TRAVEL REIMBURSEMENT: Reimbursement for approved travel expenses shall reflect actual expenses for meals and lodging not exceeding the maximum allowable rates.Travel reimbursement is not a per diem. 11.3. DISALLOWANCE OF NON-COMPLIANT TRAVEL COSTS: Travel costs may be disallowed and deemed non-reimbursable if ARDOT or the Project Sponsor determines that: 11.3.1. The travel expenses exceed allowable costs as defined by Federal and State guidelines, ARDOT policies, or the Agreement. 11.3.2. The travel was not required or necessary for the completion of the tasks associated with the assigned work. 11.3.3. Appropriate documentation for travel expenses, as required under the terms of this Agreement, is not submitted within the timeline set forth for the submission of invoices. 11.4. Failure to comply with these requirements will result in the Consultant bearing the costs of non - compliant or undocumented travel expenses, with no entitlement to reimbursement. 11.5. TRAVEL DAY: Travel status typically begins after breakfast on the first day of travel and ends before dinner on the final day of travel. Travelers are eligible for 75% of the standard meal allowance on both the first and last days of travel. Meals will generally not be reimbursed without a lodging reimbursement request. An exception may be granted if the Consultant is in overnight travel status but does not claim lodging expenses when an alternative accommodation arrangement (for example, a shared short-term rental) is detailed and demonstrates cost-savings compared to standard lodging. 11.6. TRAVEL REIMBURSEMENT FORM: The standard ARDOT form for the Consultant’s travel must be attached to invoices when reimbursement for lodging and meals is claimed or requested. 11.7. MAXIMUM DAILY ALLOWANCE FOR MEALS AND LODGING: Compensations shall be made at the mileage reimbursement and standard meal and lodging rates set forth in by the General Services Administration’s (GSA) Federal Travel Directory. GSA at the time of travel. 11.8. FULL TRAVEL DAY REIMBURSEMENT: The Project Sponsor shall pay, and ARDOT shall reimburse, no more than the maximum daily reimbursement for actual expenses incurred according to ARDOT’S policy and procedures. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII WITHHOLDING PAYMENT ZEK5MQHFTPVK-2146535117-287 Page 14 of 40 11.9. PARTIAL TRAVEL DAYS: Partial travel days shall be reimbursed based on the traveler’s departure and return time based on the Standard Rate. 12. WITHHOLDING PAYMENT 12.1. Withholding payment to the Consultant under this provision shall in no way relieve the Consultant of its obligation to continue to perform services as assigned. 12.2. The Project Sponsor may withhold disputed payments to cover thefollowing: 12.2.1. Third party claim(s) against the Project Sponsor or ARDOT as covered by the indemnification terms of this Agreement which are the result of the Consultant’s negligence. 12.2.2. Fraud, over-billing, or overpayment. 12.2.3. Costs not defined in the Task Order including fees for unapproved subcontracts . 12.2.4. Failure to make prompt payments to subcontractors per Agreement and subcontract terms. 12.2.5. Failure to meet the Standard of Care defined in this Agreement. 12.3. By extension, ARDOT reserves the right to withhold reimbursement to the Project Sponsor for payments made to the Consultant if any of the conditions under which the Project Sponsor may withhold payment from the Consultant apply. Consequently, it is the responsibility of the Project Sponsor to diligently uphold its obligation to ensure its payments to the Consultant comply with funding requirements to avoid potential loss of anticipated reimbursement and future funding opportunities. 13. STOP WORK ORDERS 13.1. At any time, ARDOT or the Project Sponsor, in coordination with ARDOT, may issue a written order to the Consultant requiring a temporary suspension of all or part of the work assigned under this Agreement. This suspension may last for a period of up to 90 days or longer if mutually agreed upon by the parties. Upon receipt of such an order, the Consultant shall promptly comply and take all reasonable steps to minimize costs associated with the suspended work during the suspension period. 13.2. During the suspension period, ARDOT or the Project Sponsor, in coordination with ARDOT, will determine whether to: 13.2.1. Cancel the stop work order and direct the Consultant to resume work; or 13.2.2. Terminate the work in accordance with the Agreement’s termination provisions. 13.3. If the stop work order is canceled or its period (including any agreed extensions) expires, the Consultant shall promptly resume the work. If the suspension was not due to the Consultant’s default under the Agreement, and it results in additional time or costs for the Consultant to perform its obligations, ARDOT will make an equitable adjustment to the delivery schedule, fee, or both. Any such adjustments will be formalized by Supplemental Agreement. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII COMMENCEMENT, TERM, AND COMPLETION ZEK5MQHFTPVK-2146535117-287 Page 15 of 40 13.4. The Consultant must comply with the Agreement's requirements for notifying ARDOT of potential claims or disputes resulting from a stop work order. 14. COMMENCEMENT, TERM, AND COMPLETION 14.1. Notwithstanding the date of execution or signature, this Agreement shall not become effective until formal Notice to Proceed is issued. The effective date of this Agreement shall be the date specified in the Notice to Proceed. 14.2. This Agreement shall commence on the effective date set forth and remain in effect until the completion of the Consultant’s services issued as Task Orders under this Agreement. 14.3. Task Orders may be issued under the terms of this Agreement beginning on the effective date set forth. The termination date and final date for execution of Task Order s under this Agreement is DECEMBER 31, 2028. 14.4. The Consultant shall commence work according to the schedule detailed in each Task Order schedule within ten (10) business days after receiving written Notice to Proceed. 14.5. If services are specified to be performed in phases, each subsequent phase will begin upon written approval of the preceding phase by ARDOT, the Project Sponsor, or both, as detailed in the Task Order. 14.6. The Consultant shall not be entitled to compensation for services performed for any Task Order, Supplemental Agreement, or phase without prior notice to proceed by the authority or authorities detailed in this Agreement. 14.7. Time is of material consideration in the performance of Task Order services under this Agreement. The Consultant shall adhere to the schedule and completion date detailed in the Task Order. ARDOT and the Project Sponsor, as applicable, will provide necessary approvals in a timely manner. 15. FUNDING LIMITATIONS 15.1. The obligations of ARDOT and the Project Sponsor under this Agreement are contingent upon the availability of appropriated funds from which payments can be made during the current and subsequent fiscal years for the duration of this Agreement. This includes funds appropriated by the State of Arkansas and those provided by the United States or other funding sources. 15.2. No legal liability on the part of ARDOT, the Project Sponsor, or any other participating entity shall arise under this Agreement until sufficient funds are appropriated, allocated, and made available for the performance of the services outlined herein. ARDOT and the Project Sponsor reserve the right to modify, suspend, or terminate this Agreement or any associated Task Orders if sufficient funding is not appropriated or becomes unavailable for any reason, including changes to Federal, State, or local funding levels. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII TERMINATION ZEK5MQHFTPVK-2146535117-287 Page 16 of 40 16. TERMINATION 16.1. ARDOT may terminate this Agreement, or any individual Task Order, in whole or in part, for its convenience or due to the Consultant's default. Termination will be initiated by written notice to the Consultant. 16.2. The Project Sponsor in coordination with ARDOT may terminate an individual Task Order. 16.3. Upon receiving notice of termination, the Consultant shall: 16.3.1. Immediately discontinue all affected services, unless otherwise directed in the notice. 16.3.2. Deliver to ARDOT or the Project Sponsor, as applicable, all materials, information, and documents related to the Agreement or Task Order, whether completed or in progress. 16.3.3. Terminate subcontracts to the extent they pertain to the terminated work. 16.3.4. If requested by ARDOT, assign all rights, title, and interest in terminated subcontracts to ARDOT, allowing ARDOT to resolve any claims or disputes arising from those subcontracts without waiving its own claims against the Consultant. 16.3.5. Settle any outstanding liabilities from terminated subcontracts, with ARDOT's approval or ratification, provided the costs are allowable under the Agreement. 16.3.6. Continue performing any work not included in the termination. 16.3.7. Take necessary actions, or those directed by ARDOT, to protect and preserve property related to the Agreement that is in the Consultant's possession and in which ARDOT has or may acquire an interest. 16.4. If the termination is for ARDOT’s or the Project Sponsor's convenience, ARDOT shall pay the Consultant for work performed through the effective termination date. ARDOT may also reimburse the Consultant for reasonable expenses incurred because of the termination, such as demobilization and personnel reassignment, as determined by ARDOT.This adjustment will not include anticipated fees or profits for unperformed work. 16.5. If the termination is due to the Consultant’s default, ARDOT may complete the work through other means, and the Consultant will be liable for any additional costs incurred by ARDOT due to the default. 16.6. Disputes or claims resulting from a termination will be addressed in accordance the Disputes and Claims section of this Agreement. 16.7. The rights and remedies provided to ARDOT and the Project Sponsor in this section are in addition to any other rights or remedies available under the Agreement or by law and do not constitute a waiver of any such rights or remedies. 17. CHANGES 17.1. ARDOT may, at any time and by written order, request changes within the general scope of this Agreement or an assigned Task Order through a Supplemental Agreement. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII DISPUTES AND CLAIMS ZEK5MQHFTPVK-2146535117-287 Page 17 of 40 17.2. All changes to Task Order services directed by the Project Sponsor shall be coordinated with ARDOT and are subject to mutual agreement among the parties. No change requested by the Project Sponsor shall take effect until it has been approved in writing by ARDOT through a Supplemental Agreement. The Consultant shall not proceed with any Project Sponsor-directed changes until Notice to Proceed has been given. 17.3. If any such change causes an increase or decrease in the cost or time required for the performance of any part of the work under this Agreement or an assigned Task Order, ARDOT or the Project Sponsor shall make an equitable adjustment through a Supplemental Agreement to: 17.3.1. The estimated cost, delivery or completion schedule, or both. 17.3.2. The amount of any fee. 17.3.3. Other affected terms of the Agreement or Task Order. 17.4. All claims and disputes arising from such changes shall be governed by the Disputes and Claims Section of this Agreement, which requires the Consultant to provide written notice of its intention to make a claim for additional compensation before beginning any work related to the claim. Failure to provide such notice constitutes a waiver of any claim for additional compensation. 17.5. Failure to reach agreement on any adjustment shall be considered a dispute under the Disputes and Claims Section of this Agreement. However, nothing in this section or any other provision of this Agreement shall excuse the Consultant from proceeding with t he Agreement or Task Order as modified by the Supplemental Agreement. 18. DISPUTES AND CLAIMS 18.1. In coordination with ARDOT representatives, the Project Sponsor and Consultant shall make all reasonable efforts to resolve disputes informally. 18.2. NOTICE OF POTENTIAL CLAIM: If a dispute cannot be resolved informally, the Consultant shall submit formal written notice to ARDOT's Assistant Chief Engineer and the Project Sponsor's Representative stating its intention to make a claim for additional compensation before beginning the work that gives rise to the claim. 18.3. FORM AND CONTENT OF CLAIMS: All disputes and claims shall sufficiently detail the basis for entitlement and the actual allowable costs incurred including: 18.3.1. A detailed factual statement of the claim, providing all necessary dates, locations, and items of work affected by the claim. 18.3.2. The date the actions resulting in the claim occurred or the conditions resulting in the claim became evident. 18.3.3. A copy of the “Notice of Potential Claim.” 18.3.4. The name, title, and activity of each ARDOT or Project Sponsor employee knowledgeable about the facts that gave rise to the claim. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII DISPUTES AND CLAIMS ZEK5MQHFTPVK-2146535117-287 Page 18 of 40 18.3.5. The name, title, and activity of each Consultant, Subconsultant, or employee knowledgeable about the facts that gave rise to the claim. 18.3.6. The specific provisions of the Agreement or Task Order that support the claim and a statement explaining why those provisions support the claim. 18.3.7. The identification and substance of any relevant documents, items, or oral communications related to the claim. 18.3.8. A statement specifying whether the claim is based on provisions of the Agreement or an alleged breach of the Agreement. 18.3.9. If an extension of time is sought, the specific number of days requested and the basis for the extension. 18.3.10. The amount of additional compensation sought, including a specific cost breakdown of the amount claimed. 18.3.11. Any other relevant information or documents. 18.4. DECISION: ARDOT shall coordinate closely with the Project Sponsor’s Representative in reviewing and resolving claims in consideration of the Project Sponsor’s interests as a party to the Agreement, Federal requirements, and State regulations. ARDOT’s Assistant Chief Engineer shall issue a decision on the claim after carefully considering the Project Sponsor’s position and consulting with the Project Sponsor’s Representative. 18.5. APPEAL: If the Consultant receives an adverse decision from ARDOT's Assistant Chief Engineer, the Consultant may submit the claim in writing to ARDOT's Chief Engineer within 60 calendar days from the date of the Assistant Chief Engineer’s decision. 18.6. FINAL DECISION BY ARDOT: The decision of ARDOT's Chief Engineer shall be final and conclusive unless the Consultant files an appeal with the Arkansas State Claims Commission within 60 calendar days of the Chief Engineer’s decision. The Consultant shall be afforded an opportunity to be heard and present evidence before the Claims Commission, in accordance with the rules and regulations of the Claims Commission, including Ark. Code Ann. § 19-10-302, which requires pursuit and exhaustion of remedies against responsible third parties and insurance coverage . 18.7. CONTINUED PERFORMANCE: Pending the final resolution of a dispute or claim, unless ARDOT has terminated this Agreement under the Termination section or issued a stop work order under the Stop Work section, the Consultant shall proceed diligently with performance in accordance with ARDOT’s decisions and any directives issued under the applicable Task Order. 18.8. NONEXCLUSIVE REMEDIES: The rights and remedies provided to ARDOT in this section are supplemental to, and do not limit, any other rights or remedies provided by law or under this Agreement. ARDOT may, at its sole discretion, receive and act upon a proposal, dispute, or claim submitted at any time before final payment under this Agreement. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII INTELLECTUAL PROPERTY ZEK5MQHFTPVK-2146535117-287 Page 19 of 40 19. INTELLECTUAL PROPERTY 19.1. OWNERSHIP OF DOCUMENTS AND DATA: Except for any pre-existing intellectual property, all project documents and data, regardless of form and including but not limited to original drawings, CADD files, cross-sections, estimates, calculations, reports, survey data, GIS files, inspection logs, field notes, as-built records, and other technical, digital, administrative, or construction-related materials produced under this Agreement, shall be transmitted to ARDOT or the Project Sponsor, as applicable. 19.2. RECORDKEEPING: The Consultant may retain reproduced copies of all documents and data for its records. If any patent rights or copyrights are created as part of this Agreement or any Task Order, ARDOT and/or the Project Sponsor shall have a perpetual, irrevocable, royalty-free license to use such documents, data compilations, or other work products for their intended purposes. Any use of the Consultant’s work product by ARDOT or the Project Sponsor for purposes other than those intended under this Agreement shall be at no risk to the Consultant. 19.3. INTELLECTUAL PROPERTY WARRANTY AND INDEMNIFICATION: The Consultant warrants that any documents, data, models, software, or other work products provided under this Agreement (collectively, "Deliverables") do not infringe upon any patent, copyright, trademark, trade secret, or other intellectual property rights of third parties. The Consultant further warrants that all Deliverables comply with applicable licensing agreements, open-source software requirements, and proprietary software usage terms. 19.4. COPYRIGHT INFRINGEMENT: In the event of an actual or alleged infringement claim related to the Deliverables, the Consultant shall, at its sole expense and in coordination with ARDOT or the Project Sponsor, take one or more of the following actions as necessary to resolve the claim and ensure continued, uninterrupted use of the Deliverables by ARDOT or the Project Sponsor: 19.4.1. Obtain for ARDOT or the Project Sponsor a license or other rights necessary to continue using the affected Deliverables. 19.4.2. Replace or modify the affected Deliverables to eliminate the infringement while maintaining equivalent functionality, quality, and compliance with project requirements. 19.4.3. Indemnify ARDOT or the Project Sponsor: Indemnify and hold harmless ARDOT or the Project Sponsor against any costs, damages, settlements, or legal expenses incurred as a result of such claims, to the extent permitted by applicable law. 20. RECORDS AND AUDITS 20.1. RECORDS: The Consultant shall maintain records sufficient to properly reflect all costs (direct and indirect) claimed or anticipated in the performance of this Agreement. ARDOT, the Project Sponsor, the FHWA, and their authorized representatives shall have the right to examine and audit these records. This includes records related to the determination or certification of the Indirect Cost Rate, including any independent CPA audit or certification relied upon to establish the rate, and records relevant to the performance of this Agreement. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII RECORDS AND AUDITS ZEK5MQHFTPVK-2146535117-287 Page 20 of 40 20.2. INDIRECT COST RATE: The Consultant is required to submit CPA-audited Indirect Cost Rate reports annually, corresponding to the Consultant’s fiscal year. Indirect Cost Rate approval for specific Task Orders under this Agreement may be tied to the audit of the fiscal year applicable to the performance period of the Task Order. ARDOT, the Project Sponsor, FHWA, or their representatives may examine and audit records related to the applicable fiscal year audit to confirm the accuracy and applicability of the approved Indirect Cost Rate for the associated Task Orders. Current ARDOT Indirect Cost Rate Requirements can be found on the Department’s webpage. 20.3. EXAMINATION: These rights also include inspection of the Consultant’s offices and facilities involved in performing the Agreement during reasonable business hours with advance notice of five (5) business days. If the Consultant submits data in connection with any action under this Agreement—such as negotiations, cost reimbursement requests, payment requests, adjustments, or claims—ARDOT, the Project Sponsor, FHWA, and their representatives shall have the right to examine and audit all related records. This includes, but is not limited to: 20.3.1. Determination or certification of the Indirect Cost Rate, including the CPA audit for the applicable fiscal year. 20.3.2. Proposals for the Agreement, subcontracts, or modifications. 20.3.3. Negotiations and discussions on proposals. 20.3.4. Fees or allowable costs. 20.3.5. Performance under the Agreement or any subcontract. 20.3.6. The basis and amounts of any claims or disputes. 20.4. REPORTS: If the Consultant is required to furnish cost, funding, or performance reports, ARDOT, the Project Sponsor, FHWA, or their representatives may audit supporting records to evaluate the effectiveness of the Consultant’s policies and the accuracy of reported data. 20.5. RECORD RETENTION: The Consultant shall retain all records, materials, and other evidence described herein for a minimum of five (5) years after the final payment under this Agreement, or longer if required by statute or other Agreement provisions. Additionally: 20.5.1. If the Agreement is fully or partially terminated, records related to the terminated work shall be retained for five (5) years following termination. 20.5.2. Records pertaining to claims, disputes, litigation, or settlement of claims shall be retained until all such matters, including appeals, are resolved. 20.6. AVAILABILITY: These records shall be made available at the Consultant’s offices for examination, audit, or reproduction during normal business hours, with at least five (5) business days' prior notice, as required by ARDOT, the Project Sponsor, FHWA, or their authorized representative. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII BANKRUPTCY ZEK5MQHFTPVK-2146535117-287 Page 21 of 40 21. BANKRUPTCY 21.1. In the event the Consultant enters bankruptcy proceedings, whether voluntary or involuntary, the Consultant shall furnish written notice of the bankruptcy to ARDOT by certified mail. This notice must be provided within five (5) calendar days of the initiation of such proceedings. The notice shall include: 21.1.1. The date on which the bankruptcy petition was filed. 21.1.2. The identity of the court in which the bankruptcy petition was filed. 21.1.3. A listing of all ARDOT job numbers, Federal-Aid Project (FAP) numbers, and Task Orders under this Agreement for which final payment has not been made. 21.2. This obligation remains in effect until all obligations under this Agreement, including those associated with Task Orders, have been satisfied, and final payment has been issued. 21.3. In the event of bankruptcy, ARDOT reserves the right to take any action permitted under applicable Federal and State laws, including but not limited to the suspension or termination of this Agreement or any Task Order associated with it, to protect the interests of ARDOT and ensure compliance with funding requirements. 22. EMPLOYMENT OF PRESENT AND FORMER EMPLOYEES 22.1. The Consultant shall not employ or make an offer of employment, for regular or part -time work related to any ARDOT or Project Sponsor projects under this Agreement, to any individual who: 22.1.1. Is a current ARDOT or Project Sponsor Employee. 22.1.2. Is a former employee of ARDOT or the Project Sponsor who, at any time during their employment, participated personally and substantially in any matter related to this Agreement through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise. 22.1.3. Is a former employee of ARDOT or the Project Sponsor within 12 months of their separation from employment and will knowingly act as a principal or agent on matters that were within their official responsibilities during their ARDOT or Project Sponsor employment. 22.1.4. Is a former employee of ARDOT or the Project Sponsor within 12 months of separation, who engages in selling or attempting to sell commodities, technical services, or professional consultant services to ARDOT or the Project Sponsor under this Agreement, unless the individual’s last annual salary at ARDOT or the Project Sponsor did not exceed ten thousand five hundred dollars ($10,500). 22.1.5. Is a former employee of ARDOT or the Project Sponsor who was terminated for cause or allowed to resign/retire in lieu of termination for cause. 22.1.6. Is acting as a principal or agent on behalf of any person disqualified under this section. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII SUCCESSORS AND ASSIGNS ZEK5MQHFTPVK-2146535117-287 Page 22 of 40 22.2. AVOIDING CONFLICTS OF INTEREST: This section is not intended to preclude former ARDOT or Project Sponsor employees from accepting employment with the Consultant solely because the Consultant has entered into this Agreement. 22.2.1. The Consultant is responsible for ensuring that no former employee of ARDOT or the Project Sponsor engages in activities that would violate the public trust. 22.2.2. The Consultant shall proactively identify, disclose, and mitigate potential conflicts of interest to ensure compliance with this section, prioritizing the best interests of the public and maintaining the integrity of the services provided under this Agreem ent. 23. SUCCESSORS AND ASSIGNS 23.1. This Agreement shall be binding upon ARDOT, the Project Sponsor, the Consultant, and their respective successors, assigns, and legal representatives. Except as otherwise provided in this Agreement, no party may assign, delegate, or transfer any rights, obligations, or benefits under this Agreement without the prior written consent of the other parties, which consent shall not be unreasonably withheld. Any unauthorized assignment or transfer shall be null and void. 23.1.1. Nothing in this section shall be construed to: • Waive any immunity, defense, or protection afforded to ARDOT, the Project Sponsor, or any other governmental entity that is a party to this Agreement under applicable laws; or • Create or impose personal liability on any officer, agent, or employee of ARDOT, the Project Sponsor, or any other governmental entity involved in the Agreement, beyond the scope of their official duties. 23.2. Any permitted assignment or delegation of this Agreement shall not relieve the assigning or delegating party of its obligations under this Agreement unless expressly agreed in writing by the other parties. 24. INDEMNITY AND RESPONSIBILITY FOR CLAIMS AND LIABILITY 24.1. The parties mutually recognize that Arkansas is a sovereign State subject to the provisions of the Arkansas Constitution and State law. Nothing in this contract shall be interpreted or construed to waive any legal defense which may be available to a party or any exemption, limitation or exception which may be provided by the respective laws. Any claims brought against ArDOT are under the exclusive jurisdiction of the Arkansas State Claims Commission. 24.2. The Consultant shall hold harmless and indemnify ARDOT, its officers, employees, agents, and any other governmental agencies with an interest in the project, from all claims and liabilities arising out of any negligent acts, errors, or omissions in the services performed under this Agreement by the Consultant, its subcontractors, their agents, or employees. 24.3. No director, officer, manager, employee, agent, assign, or representative of ARDOT shall be personally liable to the Consultant under this Agreement for any breach, act, or omission related to its execution or performance. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII INSURANCE REQUIREMENTS ZEK5MQHFTPVK-2146535117-287 Page 23 of 40 24.4. The parties agree that the Consultant shall operate as an independent consultant of ARDOT. The Consultant shall be solely responsible for any acts or omissions by its agents, employees, or subcontractors in connection with this Agreement. No action or direction by ARDOT shall be construed as exercising supervision or control over the Consultant’s performance. 25. INSURANCE REQUIREMENTS 25.1. PROFESSIONAL LIABILITY INSURANCE COVERAGE: The Consultant shall maintain, at all times during the performance of services under this Agreement, professional liability insurance covering negligent errors, omissions, and negligent acts caused by the performance of professional services under this Agreement. Coverage shall not be less than five (5) times the original Contract Ceiling Price or $2,000,000 per claim and aggregate, whichever is less. 25.2. SUBCONSULTANT COVERAGE: This insurance shall extend to Subconsultants to the extent detailed in the Subcontracting section including provisions for the transfer of liability for Subconsultant negligence, errors, and omissions to the Subconsultant. 25.3. DEDUCTIBLE: The Consultant may maintain a professional liability insurance policy with a deductible clause, provided the deductible amount is approved by ARDOT, and the Consultant demonstrates sufficient financial resources to cover potential liability equal to the deductible amount. Failure to maintain adequate financial resources or comply with deductible obligations may result in Default under this Agreement. 25.4. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE: The Consultant shall maintain, at all times during the term of this Agreement, Workers’ Compensation and Employer’s Liability Insurance as required under Arkansas law. Subconsultants shall also maintain this coverage as detailed in the Subcontracting section. 25.5. AUTOMOBILE AND GENERAL LIABILITY INSURANCE: The Consultant shall maintain commercial general liability and automobile liability insurance with minimum coverage limits of $1,000,000 per occurrence and $2,000,000 in aggregate. This insurance shall extend to Subconsultants as outlined in the Subcontracting section. 25.6. VALUABLE PAPERS INSURANCE AND ELECTRONIC DATA PROCESSING INSURANCE: The Consultant shall maintain insurance coverage for both Valuable Papers and Electronic Data Processing (EDP) to cover costs associated with repairing, restoring, or replacing physical or electronic documents required by ARDOT, including data stored on cloud platforms. This coverage shall also extend to Subconsultants as required under the provisions for Subcontracting section of this Agreement. 25.7. CERTIFICATES OF INSURANCE: The Consultant shall provide ARDOT with certificates of insurance evidencing all required policies before the execution of this Agreement and upon renewal of any policy. 25.8. PRIMARY COVERAGE: All insurance maintained by the Consultant shall be primary to and non - contributory with any coverage maintained by ARDOT or the Project Sponsor. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII SUBCONTRACTING ZEK5MQHFTPVK-2146535117-287 Page 24 of 40 25.9. DURATION OF INSURANCE OBLIGATIONS: The Consultant shall maintain professional liability insurance coverage required under this Agreement in force for a period of no less than five (5) years following the final acceptance of the project or the completion of the Consultant's services under this Agreement, whichever occurs later. Commercial General Liability Insurance and Valuable Papers Insurance coverage shall remain in effect until the later of final acceptance of the project or completion of the Consultant’s services. All other insurance shall be maintained until the earlier of final acceptance or the completion of the Consultant's services under this Agreement. 25.10. ADDITIONAL INSURANCE REQUIREMENTS: All insurance maintained by the Consultant pursuant to this section shall be issued by insurance companies authorized to do business in Arkansas, in a form and substance satisfactory to ARDOT. Policies shall provide that the insurance will not be subject to cancellation, termination, or reduction in coverage limits except upon thirty (30) days prior written notice to ARDOT. If such notice cannot be provided and the insurance is canceled, terminated, or altered during its term, the Consultant shall ensure continual coverage by securing replacement insurance effective immediately upon the expiration of the existing policy. In the absence of immediate replacement coverage, the Consultant shall assume full financial responsibility for any claims arising during the gap in coverage. 25.11. ADDITIONAL INSURED: All required liability insurance policies, except for professional liability, workers' compensation, and valuable papers insurance maintained by the Consultant, shall include ARDOT, its officers, directors, managers, employees, agents, assigns, and representatives as additional insureds. Additionally, all property damage insurance policies maintained under this Agreement shall include a waiver of subrogation in favor of ARDOT. 26. SUBCONTRACTING 26.1. APPROVAL OF SUBCONSULTANTS: The Consultant may not subcontract any services under this Agreement without prior written approval from ARDOT. All Subconsultants must be addedthrough an approved and executed subcontract. Subconsultants shall be bound by the terms of this Agreement and all applicable Federal and State laws. 26.2. Unless otherwise specified in the written consent or approval, ARDOT’s consent to any subcontract or approval of the Consultant’s purchasing system does not constitute a determination of the acceptability of subcontract terms or conditions, the acceptability of any subcontract price or payments, or a waiver of the Consultant’s responsibilities or obligations under this Agreement. 26.3. No subcontract under this Agreement shall provide for payment on a cost -plus-a-percentage-of-cost basis. Any fee payable under cost-reimbursement subcontracts must not exceed the fee limitations outlined in FAR. 26.4. Reimbursement or payment for any markup of subcontract costs will not be considered without the express written agreement of ARDOT. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII SUBCONTRACTING ZEK5MQHFTPVK-2146535117-287 Page 25 of 40 26.5. PROMPT PAYMENT: The Consultant must pay subconsultants for satisfactory performance of their subcontracts within 30 days of receiving payment from ARDOT or the Project Sponsor. Retainage payments held by the Consultant must be returned to the subconsultant within 30 days after the subconsultant’s work is completed. Failure to comply with this provision constitutes a Default by the Consultant. If the Consultant fails to make timely payments to subconsultants, ARDOT or the Project Sponsor may, at its sole discretion: 26.5.1. Make payments directly to the subconsultant and offset those payments, including administrative costs, against amounts otherwise due to the Consultant. 26.5.2. Notify any sureties. 26.5.3. Withhold payments due to the Consultant until satisfactory arrangements for prompt payment to subconsultants are made. 26.6. SUBCONSULTANT INSURANCE AND LIABILITY REQUIREMENTS: Subconsultants shall maintain insurance coverage consistent with the following minimum requirements: 26.6.1. Professional Liability Insurance: Not less than $1,000,000 per claim and aggregate, or as otherwise specified in the subcontract. 26.6.2. Commercial General Liability and Automobile Liability Insurance : Limits not less than $1,000,000 per occurrence. 26.6.3. Workers’ Compensation and Employer’s Liability Insurance: As required by Arkansas law. 26.6.4. Subconsultants shall assume primary responsibility for all claims, damages, or losses caused by their negligence, errors, or omissions. This includes indemnifying ARDOT, the Project Sponsor, and the Consultant as required under the subcontract. 26.6.5. The Consultant shall verify that Subconsultants maintain the required insurance coverage and shall provide evidence of such verification to ARDOT upon request. 26.7. PAYMENT AND AUDIT REQUIREMENTS: The Consultant shall pay Subconsultants for satisfactory performance within 30 days of receiving payment from ARDOT. Any retainage must be paid within 30 days of the Subconsultant completing its work. 26.8. All Subconsultants shall comply with contractual and legal restrictions concerning payment and determination of allowable costs and shall be subject to disclosure and audit provisions under this Agreement and applicable laws. 26.9. INDEMNIFICATION BY SUBCONSULTANTS: Subconsultants shall indemnify and hold harmless ARDOT, the Project Sponsor, and the Consultant for any claims, damages, or losses arising out of their own negligence, errors, or omissions, to the extent covered by the required insurance. 26.10. INCORPORATION OF AGREEMENT TERMS: The Consultant shall include a clause in all subcontracts incorporating the provisions of this section, including but not limited to: 26.10.1. Insurance requirements. 26.10.2. Prompt payment provisions. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII standard of care ZEK5MQHFTPVK-2146535117-287 Page 26 of 40 26.10.3. Indemnification obligations. 26.10.4. Audit and payment restrictions. 26.11. Failure to enforce these provisions with Subconsultants may result in Default under this Agreement, and ARDOT may withhold payments to the Consultant or pursue other remedies as necessary deliverables. 27. STANDARD OF CARE 27.1. ACCEPTANCE: The act by which an authorized representative approves specific services as partial or complete performance under this Agreement. 27.2. CORRECTION: The elimination of a defect. 27.3. The Consultant warrants that all services performed and work products delivered under this Agreement will, at the time of acceptance, conform to the requirements of this Agreement, meet the reasonable satisfaction of ARDOT or the Project Sponsor, and adhere to prevailing industry standards, including standards of conduct, care, format, and content. 27.4. If the Consultant is required to correct or re-perform any services due to failure to abide by the Standard of Care, it shall do so at no additional cost to ARDOT or the Project Sponsor beyond the Contract Price. Services that are corrected or re -performed by the Consultant are subject to this warranty to the same extent as the original work. Should the Consultant fail or refuse to correct or re-perform the services, ARDOT or the Project Sponsor may, by contract or other means, correct or replace the services with similar work and charge the Consultant for the resulting costs, or make an equitable adjustment to the Contract Price. 27.5. If ARDOT or the Project Sponsor elects not to require correction or re-performance, ARDOT or the Project Sponsor may make an equitable adjustment to the Contract Price instead. 27.6. Nothing in this section constitutes a waiver or exclusion of any other rights or remedies available to ARDOT or the Project Sponsor under this Agreement or by law. 27.7. FORCE MAJEURE CLAUSE:Neither party to this Agreement shall be liable for any delay direct or indirect in performance caused by an unforeseen event such as acts of God, acts of governmental authorities, extraordinary weather conditions or other natural catastrophes, or any othe r cause beyond the reasonable control or contemplation of either party beyond such party’s reasonable control. Each party will take reasonable steps to mitigate the impact of any force majeure. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII DEBARMENT AND SUSPENSION ZEK5MQHFTPVK-2146535117-287 Page 27 of 40 CERTIFICATIONS 28. DEBARMENT AND SUSPENSION 28.1. Certification is provided per 48 CFR § 9.4 that: 28.1.1. The Consultant and its principals are not presently debarred, suspended, proposed for debarment, or declared ineligible for Federal or State contracts. 28.1.2. The Consultant and its principals have not been convicted or had a civil judgment rendered for fraud, antitrust violations, or related criminal offenses in connection with public contracts in the past three (3) years. 28.1.3. The Consultant and its principals have not had any contracts terminated for Default by a Federal or State agency. 29. CERTIFICATION OF COMPLIANCE WITH APPLICABLE LAWS 29.1. The Consultant certifies its compliance with all Federal, State, and local laws, regulations, codes, and ordinances applicable to work performed under contracts with ARDOT, including but not limited to: 29.1.1. The Americans with Disabilities Act (ADA). 29.1.2. The Occupational Safety and Health Act (OSHA). 29.1.3. Section 504 of the Rehabilitation Act. 29.1.4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act). 29.1.5. This Agreement shall be governed by the laws of the State of Arkansas without consideration of its choice of law provisions. 29.1.6. In the event of conflicting provisions of law, the interpretation shall be governed by the following in this order, from most controlling to least: Federal law and regulations, Arkansas law and regulations, Department and FHWA Design Standards, and this Agreement. 29.2. All compliance requirements will be extended to all subcontractors through inclusion of these terms in subcontracts. 29.3. No financial or ownership interest, nor agreements or fees outside of allowable Federal Acquisition Regulation (FAR) standards, have been or will be entered into in connection with this contract. 29.4. All known material changes affecting the firm's ownership, organization, or indirect cost rates have been disclosed except as here expressly stated (if any). ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII Certification of Compliance with Arkansas Law ZEK5MQHFTPVK-2146535117-287 Page 28 of 40 30. CERTIFICATION OF COMPLIANCE WITH ARKANSAS LAW 30.1. Pursuant to Arkansas law, the consultant certifies current and ongoing compliance in all contracts with ARDOT. 30.1.1. The Consultant does not and will not boycott Israel (Arkansas Code § 25-1-503). 30.1.2. The Consultant does not and will not contract with illegal immigrants (Arkansas Code § 19- 11-105). 30.1.3. The Consultant does not and will not boycott Energy, Fossil Fuel, Firearms, or Ammunition Industries (Arkansas Code § 25-1-1102). 30.1.4. The Consultant is not, nor will employ as a subcontractor, a Scrutinized Company owned in whole or majority by the People’s Republic of China (Arkansas Code 1203). 31. NONDISCRIMINATION STATEMENT 31.1. The Consultant certifies compliance with all Federal civil rights provisions, ensuring no discrimination based on race, sex, color, age, national origin, or disability in its programs, activities, hiring, or employment practices. 31.1.1. The Consultant will include a Notice of Nondiscrimination Statement in all solicitations and procurements. 31.1.2. The Consultant will provide all required reports and grant ARDOT access to demonstrate compliance. 31.1.3. Complaints of discrimination or inquiries about policies may be directed to the Civil Rights Office Contact listed in this certification. 32. CONFLICTS OF INTEREST 32.1. The Consultant certifies that: 32.1.1. Neither the Consultant nor its principals have financial or ownership interests in the work associated with the contract. 32.1.2. The Consultant and its principals hold no financial interest in agency decisions related to the contract. 32.1.3. The Consultant will disclose any conflicts of interest, fraud, waste, or abuse that may arise during the Agreement term. 32.1.4. The Consultant will not enter into agreements or guarantees for work beyond this contract, except as expressly defined within the Agreement. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII ATTESTATION ZEK5MQHFTPVK-2146535117-287 Page 29 of 40 33. ATTESTATION 33.1. The Consultant’s Representative, on behalf of the Consultant and to the best of their knowledge and ability, certifies that all commitments made under this Agreement comply with the obligations and requirements set forth in the Agreement. 33.2. The Consultant will shall provide immediate written notice to ARDOT if assurance provided by certification is found to have been erroneous when submitted or becomes erroneous due to changed circumstances. 33.3. The Consultant certifications provided herein are a material representation of fact relied upon during the contract award process. If the Consultant knowingly submitted an erroneous certification, ARDOT reserves the right to terminate the contract and pursue any remedies available.No Federal funds have been or will be paid to influence any Federal agency officer, Member of Congress, or Congressional employee. 33.4. If non-Federal funds have been used for such purposes, Standard Form-LLL, “Disclosure Form to Report Lobbying,” will be submitted. 34. CERTIFICATION DETAILS AUTHORIZED REPRESENTATIVE: Mike Stengel Vice President CORPORATE HEADQUARTERS: 500 Grant Street, Suite 5400 Pittsburgh, Pennsylvania 15219 EEO CONTACT: Laurel Demattia laurel.demattia@mbakerintl.com 813-466-6006 ARKANSAS BUSINESS ENTITY FILING NO 100108327 ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII CERTIFICATION OF ARKANSAS STATE HIGHWAY COMMISSION ZEK5MQHFTPVK-2146535117-287 Page 30 of 40 35. CERTIFICATION OF ARKANSAS STATE HIGHWAY COMMISSION 35.1. The Director of the Arkansas Department of Transportation certifies that neither the aforementioned consulting firm nor its representative has not been required, either directly or indirectly, as a condition for obtaining or executing this contract, to: 35.1.1. Employ or retain any firm or person, or agree to do so. 35.1.2. Pay or agree to pay any fees, contributions, donations, or any other form of consideration to any firm, person, or organization. 35.1.3. Except as expressly stated herein (if applicable). 36. EXECUTION All notices, approvals, requests, consents, or other communications required or permitted under this Agreement shall be addressed to either ARDOT’s Assistant Chief Engineer–Program Delivery or the Consultant’s Representative, and mailed or hand-delivered to: MICHAEL BAKER INTERNATIONAL, INC. ARKANSAS DEPARTMENT OF TRANSPORTATION Mike Stengel, Vice President 10324 Interstate 30 3425 North Futrall Drive, Suite 101 Post Office Box 2261 Fayetteville, Arkansas 72703 Little Rock, AR 72203 mhstengel@mbakerintl.com consultantcontracts@ardot.gov IN WITNESS WHEREOF, the parties execute this Agreement, to be effective upon the date set out herein. MICHAEL BAKER INTERNATIONAL, INC. ARKANSAS DEPARTMENT OF TRANSPORTATION By:________________________________ Mike Stengel Vice President By:________________________________ Jared Wiley, P.E. Director Disclaimer: This contract is being electronically signed.The DocExpress Document Signing History will be located on the final page of the executed contract.This document will have all dates and electronic signatures applicable to the execution of this contract. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII EXECUTION ZEK5MQHFTPVK-2146535117-287 Page 31 of 40 NOTICE OF NONDISCRIMINATION 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 FMCSA Title VI Program), disability, Lim ited 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. B ox 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: Joanna.McFadden@ARDOT.gov. 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. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII GENERAL SCOPE OF WORK ZEK5MQHFTPVK-2146535117-287 Page 32 of 40 GENERAL SCOPE OF WORK The services outlined in this scope of work are designed to support ARDOT and its local partners in delivering transportation-related projects funded through a variety of competitive grant and funding programs. These programs include, but are not limited to: • Intersection Improvement Program (IIP) • Local Bridge Program • National Electric Vehicle Infrastructure (NEVI) Program • Public Transportation Federal Programs • Recreational Trails Program (RTP) • Transportation Alternatives Program (TAP) • Safety Improvement Programs Additional programs and initiatives may be incorporated as needed to address evolving statewide and local transportation priorities. The Agreement is intended to engage Consultants in a flexible and modular framework, enabling ARDOT and its local partners to deliver projects tailored to the specific requirements of various programs. This approach ensures compliance with all applicable Federal, State, and local standards while maintaining the adaptability necessary to meet diverse project needs. Consultants are expected to deliver innovative and customized solutions that address the unique challenges of local, regional, and statewide transportation projects. There is no expectation that a single consultant will have the capacity or capability to perform all services outlined in this scope. Task Orders will be assigned to selected consultants based on compliance with the Federal Acquisition Regulation (FAR), the capacity of the consultant to meet the project’s needs, their geographic proximity to the project location, and their ability to provide specialized services. While some firms may possess the resources to perform all or most services, this agreement is d esigned to allow certain services to be issued as Task Orders when ARDOT or the Project Sponsor can perform other portions of the required work in-house.Services included in Task Orders will be based on project-specific needs. Consultants are expected to provide innovative, adaptable solutions that address the unique challenges of transportation needs at the local, regional, and statewide levels. SUBCONSULTANT PARTICIPATION: Consultants may propose the use of subconsultants included in the response to this solicitation or as needs arise during the performance of the Agreement. Subconsultants must be approved by ARDOT, and subcontracted work must be included in Task Orders with a Subconsultant Agreement. Subconsultants may be incorporated in the Master Agreement if their services are anticipated for multiple Task Orders, or in specific Task Orders as applicable for projects requiring additional experience.. SUBCONSULTANT COMPLIANCE: Subconsultants are expected to adhere to all terms and conditions of the Master Agreement, including compliance with Federal, State, and local regulations. It is the responsibility of the primary consultant to ensure that subconsultants comply with these terms and that their participation aligns with the regulations governing the Agreement. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII ENGINEERING AND DESIGN SERVICES ZEK5MQHFTPVK-2146535117-287 Page 33 of 40 TASK ORDER ASSIGNMENT: Individual Task Orders will define the detailed scope of work for each project and may include additional requests for qualifications among consultants selected under this Agreement. This process ensures that services are matched to the most qualified firm for the specific requirements of each Task Order, maintaining transparency and alignment with procurement regulations. Examples of potential Scopes of Work are available upon request from the Consultant Contracts Division. 1. ENGINEERING AND DESIGN SERVICES 1.1. FEASIBILITY STUDIES: Conduct site analyses, viability assessments, cost-benefit analyses, and risk assessments with mitigation strategies. These studies evaluate the practicality and potential success of proposed projects while identifying risks and opportunities. 1.2. ROADWAY DESIGN: Prepare preliminary and final plans, including geometric alignments and pavement designs. Deliver design packages that adhere to ARDOT and/or local design standards for on- and off-system facilities. 1.3. BRIDGE DESIGN: Perform structural analysis, hydrology, and hydraulics assessments. Provide detailed construction drawings, stamped engineering plans, and load rating reports. Ensure designs comply with ARDOT and Project Sponsor-specified standards. 1.4. RIGHT OF WAY PLAN PREPARATION: Develop right of way plans and detailed legal property descriptions to support appraisals and acquisitions. These plans ensure smooth project progression for highway and local infrastructure initiatives. 1.5. TRAFFIC ENGINEERING: Deliver services including traffic signalization, flow analysis, and transportation management planning. Prepare deliverables such as signal warrants, conceptual layouts, and final signalization plans in compliance with ARDOT or Project Sponsor standards. 1.6. ENVIRONMENTAL STUDIES: Prepare documentation for compliance with environmental regulations, including erosion control plans and permit applications. Ensure all work aligns with NEPA requirements and other environmental guidelines. 1.7. SURVEYING AND MAPPING: Conduct field data collection, boundary surveys, and create digital terrain models. Provide deliverables in formats compatible with ARDOT systems or tailored to Project Sponsor requirements for off-system facilities. 1.8. INTELLIGENT TRANSPORTATION SYSTEMS: Design and integrate advanced traffic control systems and roadway lighting. Ensure deliverables address ARDOT standards and, where applicable, local Intelligent Transportation Systems (ITS) requirements. 1.9. CONSTRUCTION SUPPORT: Provide construction-phase assistance, including shop drawing reviews, construction activity inspections, and implementation of design modifications. Consultants are expected to supply stamped recommendations and comments as needed. 1.10. REGULATORY COMPLIANCE SUPPORT: Offer advisory services to ensure compliance with applicable laws, regulations, and standards. This includes preparing risk assessments, regulatory guidance memos, and contract reviews to enhance project design and documentation. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII RIGHT OF WAY SERVICES ZEK5MQHFTPVK-2146535117-287 Page 34 of 40 1.11. DESIGN REVIEW AND QUALITY ASSURANCE: Perform independent reviews of plans and deliverables to confirm alignment with program goals, technical standards, and regulatory requirements. For off-system facilities, ensure compliance with local specifications and ARDOT oversight as applicable. 2. RIGHT OF WAY SERVICES The Consultant shall provide professional services to support ARDOT and Project Sponsors in the acquisition, management, and coordination of right of way (ROW) activities for transportation-related projects. These services shall be performed in compliance with all applicable Federal, State, and local regulations, ensuring the efficient and lawful execution of ROW tasks required for project delivery. 2.1. ADMINISTRATIVE SERVICES: Provide oversight and coordination of all right of way acquisition activities. Ensure adherence to applicable Federal, State, and local requirements, including compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. 2.2. TITLE AND CLOSING SERVICES: Conduct title research, secure clear titles, and facilitate the closing process for property acquisitions. Prepare and maintain documentation necessary to establish property ownership and conveyance. 2.3. APPRAISAL SERVICES: Perform initial property appraisals and prepare appraisal updates as required to support project development. Ensure appraisals meet relevant standards and methodologies. 2.4. APPRAISAL REVIEW SERVICES: Review initial appraisals and subsequent updates to ensure technical accuracy, adherence to Federal and State appraisal standards, and compliance with applicable guidelines. 2.5. NEGOTIATIONS AND VALUATION SERVICES: Conduct property acquisition negotiations, including preparing and reviewing waiver valuations. Provide technically accurate documentation of negotiations and valuations for compliance and reporting purposes. 2.6. RELOCATION ASSISTANCE SERVICES: Aid displaced property owners and tenants in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Prepare relocation plans, calculate benefits, and coordinate necessary services. 2.7. PROPERTY MANAGEMENT SERVICES: Manage properties acquired for highway or local infrastructure projects. Services include property rental, maintenance, and the disposal of surplus properties in compliance with State and Federal requirements. 2.8. UTILITY COORDINATION SERVICES: Facilitate the coordination of utility relocation efforts. Conduct conflict assessments, prepare utility relocation plans and schedules, communicate with utility providers, and deliver final utility coordination reports to ARDOT or the Project Sponsor. 3. PLANNING SERVICES The Consultant shall provide professional planning services to support ARDOT and Project Sponsors in the development, assessment, and implementation of transportation -related plans and programs. These ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII NEPA SUPPORT SERVICES ZEK5MQHFTPVK-2146535117-287 Page 35 of 40 services aim to address local, regional, and statewide transportation needs while ensuring alignment with applicable Federal, State, and local standards. 3.1. LOCAL OR REGIONAL PLANNING: Develop strategic, high-level transportation plans that address system-wide goals, objectives, and implementation strategies. Examples of services include the creation of master street plans, active transportation plans, and metropolitan transportation pla ns. These services emphasize long-term visioning and coordination to meet regional mobility and connectivity goals. 3.2. TRANSIT STUDIES AND PLAN DEVELOPMENT: Conduct studies to support public transportation programs, ensuring compliance with Federal Transit Administration (FTA) requirements. Deliverables may include transit feasibility studies, service optimization plans, and multimodal integration strategies tailored to meet Federal standards and local needs. 3.3. CORRIDOR PLANNING STUDIES: Perform corridor evaluations ranging from broad assessments to detailed improvement studies. Services include traffic operations analysis, conceptual design layouts, and recommendations to enhance corridor safety, capacity, and functionality. These studies identify viable solutions to support efficient transportation system development. 3.4. GRANT PREPARATION ASSISTANCE: Provide comprehensive support for securing transportation funding by preparing grant application packages, conducting funding analyses and feasibility reports, compiling required supporting documentation, and coordinating with funding agencies. Services focus on maximizing funding opportunities and ensuring alignment with requirements for competitive grant programs. 4. NEPA SUPPORT SERVICES The Consultant shall provide professional services to support ARDOT and its local partners in achieving environmental compliance and securing necessary clearances for transportation projects to meet the requirements of the National Environmental Policy Act (NEPA) and other Federal, State, and local environmental regulations. Coordination with agencies, public involvement efforts, and preparation of associated reports, maps, and environmental documents. 4.1. ENVIRONMENTAL SURVEYS AND DATA COLLECTION: Conduct surveys and collect data related to air and noise quality, water resources, ecological communities, cultural resources, and other impact areas. This includes assessments of wetlands, endangered species habitats, community impacts, and secondary and cumulative effects. 4.2. ENVIRONMENTAL CONSTRAINTS MAPPING: Develop detailed environmental constraints maps using geodatabase formats compatible with ARDOT systems to identify and document potential impacts within project areas. 4.3. NEPA DOCUMENTATION: Prepare required NEPA documents, including Categorical Exclusions (CEs), Environmental Assessments (EAs), and Environmental Impact Statements (EISs). This includes supporting documentation such as purpose and need statements, cultural resource surveys, wetlands delineations, noise studies, and Section 4(f)/6(f) evaluations. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII SURVEYING ZEK5MQHFTPVK-2146535117-287 Page 36 of 40 4.4. PUBLIC INVOLVEMENT: Develop and implement public involvement strategies, including hosting public meetings and hearings, preparing outreach materials, managing public comments, and ensuring compliance with Title VI and Environmental Justice requirements. 4.5. AGENCY COORDINATION: Assist in coordinating with Federal, State, and local agencies, including FHWA, U.S. Fish and Wildlife Service (USFWS), State Historic Preservation Office (SHPO), and tribal governments, to address regulatory requirements such as Section 7 consultations, Section 106 reviews, and Clean Water Act permits. 4.6. ALTERNATIVES ANALYSIS: Analyze and evaluate location and design alternatives for environmental impacts to support the selection of preferred alternatives. 4.7. PERMIT APPLICATIONS AND MITIGATION PLANNING: Prepare and submit necessary permits, including Section 401/404 permits, and develop mitigation plans to address unavoidable project impacts. 4.8. FONSI/ROD DOCUMENTATION: If required, prepare and submit Finding of No Significant Impact (FONSI) or Record of Decision (ROD) documentation based on public input and consultation with ARDOT and FHWA. 5. SURVEYING The Consultant shall provide professional surveying and mapping services to support ARDOT and its local partners in delivering transportation projects. These services include the collection, processing, and delivery of accurate spatial data and documentation essential to project development. All work must adhere to ARDOT standards and applicable Federal, State, and local guidelines. 5.1. CONTROL SURVEYS: Establish and process control networks to support project design and construction. This includes tasks such as primary and secondary baseline control, vertical control, and remote sensing control to ensure accuracy and consistency in spatial data. 5.2. DESIGN SURVEYS: Provide detailed data collection and processing for design purposes, including aerial image acquisition, photogrammetric mapping, LiDAR data acquisition and quality assurance, and subsurface utility engineering (SUE). Deliverables include topographic and terrain data, utility field surveys, and digital terrain models for use in project design. 5.3. LAND SURVEYS: Conduct property and boundary surveys, right-of-way staking and monumenting, and preparation of final plats. These surveys support property acquisition, legal documentation, and construction layout. 5.4. TOPOGRAPHIC SURVEYS: Perform detailed topographic surveys for roadway and site design, including the collection of elevation and feature data necessary for accurate design and construction planning. 5.5. GEODETIC CONTROL SURVEYS: Establish geodetic control networks tied to state and national coordinate systems to provide a reliable framework for project mapping and construction. 5.6. BOUNDARY AND PROPERTY SURVEYS: Prepare parcel surveys, conduct title searches, and provide documentation for property boundaries and easements to support right -of-way acquisition and land use planning. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII GEOTECHNICAL SERVICES ZEK5MQHFTPVK-2146535117-287 Page 37 of 40 5.7. DATA PROCESSING AND MAPPING: Compile and process field data into deliverables such as digital survey maps, CAD files, ortho-rectified images, and other project-specific mapping products. 5.8. DELIVERABLES: Provide complete and technically accurate survey data and documentation, including 100% of requested surveys by the agreed submittal date. Deliverables may include digital terrain models, survey maps, CAD files, geodatabase files, soil testing results, and lab reports, as applicable to the project. 6. GEOTECHNICAL SERVICES Geotechnical services encompass a range of investigations, analyses, designs, and recommendations tailored to the specific requirements of ARDOT and Project Sponsors. These services ensure compliance with applicable regulations, governing specifications, local needs, and industry standards. Geotechnical services may be assigned under individual Task Orders or as part of broader Engineering and Design Services Task Orders. Consultants are expected to allocate adequate resources to complete all assigned tasks and deliver high-quality reports and recommendations within specified timelines. 6.1. SUBSURFACE INVESTIGATIONS: Conduct detailed field investigations to assess soil and rock conditions. These tasks include standard penetration testing (SPT), cone penetration testing (CPT), and comprehensive soil surveys, performed in adherence to ARDOT guidelines. 6.2. GEOTECHNICAL SITE INVESTIGATION REPORTS: Prepare comprehensive reports summarizing findings from field and laboratory investigations. Reports may include boring logs, seismic classifications, response spectra, liquefaction potential assessments, laboratory test results, and recommendations for foundations, embankments, and slope stability. 6.3. GEOTECHNICAL DESIGN AND RECOMMENDATIONS: Provide engineering analyses and recommendations for infrastructure projects, including: 6.3.1. Foundations for bridges, retaining walls, and mechanically stabilized earth (MSE) walls. 6.3.2. Slope stabilization and landslide mitigation strategies, including remediation for slopes impacted by natural disasters. 6.3.3. Erosion control structures and embankments tailored for roadway and recreational infrastructure. 6.4. GEOPHYSICAL STUDIES: Conduct advanced geophysical investigations to evaluate subsurface conditions, identify geotechnical risks, and address challenges like poor drainage or erosion -prone areas. 6.5. MONITORING AND INSTRUMENTATION: Install and monitor geotechnical devices to evaluate soil and structural behavior during construction or as part of long -term performance assessments. 6.6. LABORATORY TESTING: Perform detailed laboratory analyses of disturbed and undisturbed soil and rock samples to support design and construction efforts. Include specialized testing for projects such as trails or structures with unique geotechnical requirements. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII CONSTRUCTION INSPECTION SERVICES ZEK5MQHFTPVK-2146535117-287 Page 38 of 40 6.7. FORENSIC INVESTIGATIONS AND REMEDIATION: Analyze geotechnical failures, such as landslides, erosion, or settlement, and develop remediation strategies. This includes assessments of damage to trail or recreational infrastructure caused by environmental factors. 6.8. FOUNDATION AND RETAINING WALL DESIGN: Provide detailed designs for foundations supporting trail bridges, elevated paths, and other trail-related structures. Designs may include pile foundations, gabion walls, and reinforced concrete solutions. 6.9. SPECIALIZED TRAIL DESIGN SERVICES: Address geotechnical challenges specific to trail projects, including evaluations of alignment through wetlands, erosion -prone zones, and steep slopes. Deliverables include surface stability recommendations, drainage solutions, and designs for low-impact foundations. 6.10. SLOPE STABILIZATION AND REPAIR: Develop and implement strategies to stabilize roadway and trail slopes using techniques such as soil nails, geosynthetics, drainage systems, and vegetation management. 6.11. EMERGENCY GEOTECHNICAL SERVICES: Provide rapid response for assessments following natural disasters or unforeseen events. Deliver recommendations for both temporary and permanent remediation solutions. 6.12. CLEARING AND SURVEYING FOR BORING ACCESS: Perform clearing and surveying as required to facilitate access to boring locations for geotechnical investigations. 6.13. COORDINATION AND MEETINGS: Attend coordination meetings with ARDOT Materials Division or Project Sponsors before site visits and the initiation of field operations to align expectations and project requirements. 6.14. GEOTECHNICAL SERVICES FOR RECREATIONAL TRAILS: Offer tailored geotechnical evaluations for trails, addressing issues such as landslide mitigation, wetland crossings, and erosion- resistant trail surfaces. Provide recommendations for low-maintenance designs that minimize environmental impacts. 7. CONSTRUCTION INSPECTION SERVICES The Consultant shall provide comprehensive construction engineering and inspection (CEI) services to support ARDOT and its local partners in ensuring that transportation projects are constructed in substantial conformance with plans, specifications, and applicable standards. These services encompass all aspects of construction management, oversight, and quality assura nce, and may be assigned under individual Task Orders tailored to project-specific needs. 7.1. CONSTRUCTION MANAGEMENT AND OVERSIGHT: Coordinate with ARDOT, Project Sponsors, and contractors to ensure project requirements, budgets, and schedules are met. Act as an extension of ARDOT or the Project Sponsor for construction-related tasks. 7.2. SURVEY CONTROL: Verify and establish control points and baselines. Conduct quantity computations and quality control under the supervision of a licensed surveyor. 7.3. INSPECTION AND TESTING: Perform on-site inspections and testing of materials to ensure compliance. Provide certified personnel and timely test results. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII DELIVERABLES AND PROJECT-SPECIFIC SERVICES ZEK5MQHFTPVK-2146535117-287 Page 39 of 40 7.4. MEASUREMENT AND VERIFICATION OF QUANTITIES: Measure, document, and verify job quantities for pay items to ensure accuracy. 7.5. PREPARATION AND REVIEW OF PAY APPLICATIONS: Assist in preparing and reviewing pay estimates using specialized software, such as AASHTOWare, or other Project Sponsor-specified programs. 7.6. ENGINEERING SUPPORT: Provide design-related solutions, review contract changes, and resolve construction issues. 8. DELIVERABLES AND PROJECT -SPECIFIC SERVICES 8.1. DELIVERABLES STANDARD OF CARE: Deliverables for all services performed under this Agreement shall be tailored to meet the unique requirements of each Task Order issued. The Consultants are responsible for ensuring that all deliverables are complete, technically accurate, and fully compliant with applicable Federal, State, and local standards. The following general guidelines apply to the preparation and submission of deliverables under this Agreement: 8.1.1. All deliverables must be submitted in the format specified within the relevant Task Order or as required by ARDOT or the Local Public Agency (Project Sponsor). 8.1.2. Consultants must adhere to applicable guidelines, including ARDOT, FHWA, and other Federal or state agency standards, for technical documents, engineering plans, environmental assessments, and other required outputs. 8.1.3. Unless otherwise directed, digital deliverables shall be provided in editable formats such as CAD, GIS-compatible files, and standard office software formats, ensuring compatibility with ARDOT and Project Sponsor systems. 8.2. TIMELINESS AND QUALITY ASSURANCE: Deliverables must be completed within the timelines established in individual Task Orders. Delays must be communicated promptly and accompanied by a revised schedule for approval. Consultants must implement quality control measures to ensure all submissions meet or exceed the expectations defined in each Task Order. 8.3. COORDINATION AND COMMUNICATION: Consultants shall maintain open communication with ARDOT and/or Project Sponsor representatives throughout the duration of assigned projects. Regular updates and coordination meetings may be required to ensure project alignment and progress. Task Order-specific requirements, such as coordination with third parties (e.g., utility companies, regulatory agencies, or local stakeholders), shall be fully documented and managed to avoid disruptions to project schedules. 8.4. SUBCONSULTANT CONTRIBUTIONS: Deliverables produced by subconsultants must meet the same standards of quality and compliance as those prepared by the primary consultant. It is the responsibility of the primary consultant to oversee subconsultant work and ensure its integration into the overall project deliverables. ON-CALL LP (2025-2028) MICHAEL BAKER INTERNATIONAL, INC. 2025LP00-MBII DELIVERABLES AND PROJECT-SPECIFIC SERVICES ZEK5MQHFTPVK-2146535117-287 Page 40 of 40 8.5. PROJECT-SPECIFIC NEEDS AND ADJUSTMENTS: Each Task Order may include project-specific requirements that expand upon or deviate from the general scopes of work outlined in this Agreement.In the event of any discrepancy, the Task Order Scope of Work shall take precedence. Consultants must review Task Order details thoroughly and adjust methodologies and deliverables accordingly. Additional scopes, unforeseen challenges, or new initiatives may be incorporated into Task Orders at ARDOT’s discretion. Consultants should anticipate flexibility and adaptability in addressing such needs. 8.6. FINAL DELIVERABLE REVIEW AND ACCEPTANCE: All final deliverables shall undergo a formal review process by ARDOT and/or the Project Sponsor. Consultants are expected to address comments or requested revisions promptly to achieve final acceptance. Consultants may be required to provide ongoing support to ARDOT or the Project Sponsor after final submission, including clarification of methodologies, provision of additional documentation, or adjustments to deliverables to ensure project success. Doc Express® Document Signing Histor y Contract: CC - On-Call Local Federal Aid Projects (2025-2028) - Michael Baker International, Inc. Document: 2025LP00-MBII Date Signed By 02/10/2025 Mike Stengel Michael Baker International, Inc. Electronic Signature (Signed by Consultant) 02/10/2025 Jessica Jackson Arkansas Department of Transportation Electronic Signature (Reviewed by Consultant Contracts Division Head) 02/10/2025 David Siskowski Arkansas Department of Transportation Electronic Signature (Reviewed by Division) 02/12/2025 Keli Wylie Arkansas Department of Transportation Electronic Signature (Reviewed by ACE) 02/13/2025 Jessie Jones Arkansas Department of Transportation Electronic Signature (Reviewed by Chief Engineer) 02/18/2025 Jared Wiley Arkansas Department of Transportation Electronic Signature (Signed by Director) MEETING OF OCTOBER 21ST 2025 TO: Mayor and City Council THRU: Chris Brown Public Works Director Matt Mihalavich, Active Transportation Manager FROM: Dane Eifling, Mobility Coordinator DATE: 9/24/2025 SUBJECT: E-Scooter Crosswalk Ordinance Amendment RECOMMENDATION: Staff recommends approval of an amendment to City Ordinance 75.01 Operation of Electric Motorized Scooters to remove the requirement for people riding e-scooters to dismount at crosswalks to have right of way. BACKGROUND: Fayetteville’s e-scooter ordinance was created in 2019 which regulates where and how e- scooters can be legally operated in Fayetteville. The rules for e-scooters mirror the rules for bicycles. The state law for bicycles was changed in 2021 to allow people riding bicycles to have the same rights as pedestrians while using crosswalks, which include trail crossings. The City subsequently updated the city ordinance in the bicycling section but did not change the e- scooter section at that time. DISCUSSION: Recently there have been crashes involving people being hit by motor vehicles while riding e- scooters in crosswalks. Fayetteville police have duly assigned fault to people riding e-bikes based on City ordinance. Updating the city ordinance to be consistent with the bicycling section and will better protect vulnerable road users when using crosswalks. The Active Transportation Advisory Committee and the City Attorney’s office have recommended approval of this amendment. BUDGET/STAFF IMPACT: NONE Attachments: Ordinance language markup Created: 2025-08-11 16:07:48 [EST] (Supp. No. 37) Page 1 of 1 Current: 75.02 Operation Of Electric Motorized Scooters Electric motorized scooters operated within the City of Fayetteville, whether privately owned or part of a scooter-share program, are subject to the following regulations: (A) Electric motorized scooters shall not be operated at a speed greater than fifteen (15) miles per hour; (B) Operation on Sidewalks. (1) Any individual operating an electric motorized scooter upon a sidewalk shall yield the right-of-way to pedestrians and shall give an audible signal before overtaking and passing a pedestrian. (2) No person shall operate an electric motorized scooter upon a sidewalk which abuts a building, when riding on the sidewalk would endanger pedestrians, or where operation of an electric motorized scooter on a sidewalk is prohibited by an official traffic control device. (3) Any individual operating an electric motorized scooter within a pedestrian crosswalk must yield the right-of-way to motor vehicle traffic and pedestrians. To earn the protections of a pedestrian, an individual must dismount, walk the electric motorized scooter, and obey applicable traffic control devices. (Ord. No. 6205, §1(Exh. A), 7-16-19) Proposed: 75.02 Operation Of Electric Motorized Scooters Electric motorized scooters operated within the City of Fayetteville, whether privately owned or part of a scooter-share program, are subject to the following regulations: (A) Electric motorized scooters shall not be operated at a speed greater than fifteen (15) miles per hour; (B) Operation on Sidewalks. (1) Any individual operating an electric motorized scooter upon a sidewalk shall yield the right-of-way to pedestrians and shall give an audible signal before overtaking and passing a pedestrian. (2) No person shall operate an electric motorized scooter upon a sidewalk which abuts a building, when riding on the sidewalk would endanger pedestrians, or where operation of an electric motorized scooter on a sidewalk is prohibited by an official traffic control device. (3) Any individual operating an electric motorized scooter within a pedestrian crosswalk must yield the right-of-way to motor vehicle traffic and pedestrians. To earn the protections of a pedestrian, an individual must dismount, walk the electric motorized scooter, and obey applicable traffic control devices. (C) Operation of Electric Scooters Upon Crosswalks. (1) A person operating an electric Scooter upon a crosswalk shall: (a) Yield the right-of-way to pedestrians; and (b) Give an audible signal before overtaking and passing a pedestrian. (2) Except as provided this section, a person lawfully operating an electric scooter upon a crosswalk has all the rights and duties applicable to a pedestrian using the crosswalk pursuant to §75.02 of the Fayetteville City Code and A.C.A. §27-51-1202. (Ord. No. 6205, §1(Exh. A), 7-16-19) 1 Mihalevich, Matthew From:Pennington, Blake Sent:Monday, September 22, 2025 3:08 PM To:Eifling, Dane Cc:Mihalevich, Matthew Subject:RE: E-Scooters in Crosswalks Ordinance Change Dane, matching the language to the bicycle section makes sense. Should be a pretty simple change for the City Council to make. Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington@fayetteville-ar.gov Direct: (479) 575-8312 From: Eifling, Dane <deifling@fayetteville-ar.gov> Sent: Wednesday, September 10, 2025 1:45 PM To: Pennington, Blake <bpennington@fayetteville-ar.gov> Cc: Mihalevich, Matthew <mmihalevich@fayetteville-ar.gov> Subject: E-Scooters in Crosswalks Ordinance Change Hi Blake, As you may remember, in 2022, we updated the bicycle ordinance to reflect the change in state law to no longer require people riding bicycles to dismount in order to have rights as pedestrians in crosswalks. The e-scooter ordinance was cra2ed in 2019 to mirror the bicycle ordinance but we did not update the e- scooter ordinance when we made that change to the bicycle ordinance. So right now people are s4ll legally required to dismount their e-scooters at crosswalks in order to have protec4ons and right-of-way in crosswalks. There have been several recent crashes involving people ge5ng hit by cars in crosswalks while using e- scooters. Police have (correctly) been assigning fault to the people on the e-scooters. ATAC has recommended changing the e-scooter ordinance to match the bicycle ordinance. Ma8 and I agree that this is a good idea. I’ve a8ached the bike ordinance and proposed changes to the e-scooter ordnance here for review from your office. Respec=ully, Dane Eifling Mobility Coordinator City of Fayetteville, AR Phone 479.575.8243 2 B L A C K F O R E S T D R . GR O V E D R . SALEM ROAD WE D I N G T O N D R I V E SALEM ROAD BL A C K F O R E S T D R . AUG. 26, 2025 1 SALEM ROAD GROVE DR. TO WEDINGTON DR. STRIPING PLAN Scale: 1" = 30' M A T C H L I N E INSTALL ± 244 L.F. 6" THERMOPLASTIC WHITE SOLID STRIPE REPLACE GREEN BIKE SYMBOL INSTALL ± 190 L.F. EA. 6" THERMOPLASTIC WHITE SOLID STRIPE REPLACE GREEN BIKE SYMBOL REPLACE GREEN BIKE SYMBOL REPLACE GREEN BIKE SYMBOL INSTALL ± 308 L.F. 6" THERMOPLASTIC WHITE SOLID STRIPE INSTALL ± 335 L.F. 6" THERMOPLASTIC WHITE SOLID STRIPE 6" THERMOPLASTIC WHITE 2' STRIPES WITH 6' GAPS REPLACE GREEN BIKE SYMBOL REPLACE GREEN BIKE SYMBOL REPLACE GREEN BIKE SYMBOL REPLACE GREEN BIKE SYMBOL MA T C H L I N E ITEMS-THIS SHEET QTY UNITS LF13416" WHITE STRIPE EA8 INSTALL ± 190 L.F. EA. 6" THERMOPLASTIC WHITE SOLID STRIPE TOTAL- ALL SHEETS QTY UNITS LF11246" DOUBLE YELLOW STRIPE EA EA 8 14 LF1350 6" WHITE STRIPE 4" DOUBLE YELLOW STRIPE 4" WHITE STRIPE 1341 2021 LF LF WE D I N G T O N D R I V E MA T C H L I N E SALEM ROAD CH E V A U X D R . MI C A S T . SALEM ROAD MA T C H L I N E MA T C H L I N E AUG. 26, 2025 2 SALEM ROAD WEDINGTON DR. TO ESSEX ST. STRIPING PLAN 6' BIKE LANE WITH 3' BUFFER; 6" THERMOPLASTIC WHITE STRIPES FURNISH AND INSTALL ± 528 L.F. 6" THERMOPLASTIC DOUBLE YELLOW SOLID STRIPE WITH 6" GAP INSTALL BIKE SYMBOL INSTALL BIKE SYMBOL6" THERMOPLASTIC WHITE STRIPES WITH 15' SPACING INSTALL BIKE SHARROW SYMBOL 6" THERMOPLASTIC WHITE 2' STRIPES WITH 6' GAPS M I C A S T . 2 0 ' D I A . 1 0 ' D I A . M A T C H L I N E M A T C H L I N E AUG. 26, 2025 3 SALEM ROAD WEDINGTON DR TO ESSEX ST STRIPING PLAN Scale: 1" = 30' FURNISH AND INSTALL ± 596 L.F. 6" THERMOPLASTIC DOUBLE YELLOW SOLID STRIPE WITH 6" GAP MA T C H L I N E MA T C H L I N E ITEMS THIS SHEET QTY UNITS LF5966" DOUBLE YELLOW STRIPE EA1 SALEM ROAD TI M B E R L I N E D R . 10 ' 10 ' 7' VA S S A R S T . MA T C H L I N E CO R N E L L S T . PR I N C E T O N S T AUG. 26, 2025 4 SALEM ROAD WEDINGTON DR. TO ESSEX ST STRIPING PLAN Scale: 1" = 30' FURNISH AND INSTALL ± 214 L.F. 4" THERMOPLASTIC DOUBLE YELLOW SOLID STRIPE WITH 4" GAP FURNISH AND INSTALL ± 218 L.F. 4" THERMOPLASTIC DOUBLE YELLOW SOLID STRIPE WITH 4" GAP FURNISH AND INSTALL ± 221 L.F. 4" THERMOPLASTIC DOUBLE YELLOW SOLID STRIPE WITH 4" GAP FURNISH AND INSTALL ± 38 L.F. 4" THERMOPLASTIC DOUBLE YELLOW SOLID STRIPE WITH 4" GAP FURNISH AND INSTALL ± 1660 L.F. TO ESSEX ST. 4" THERMOPLASTIC WHITE SOLID STRIPE MA T C H L I N E MA T C H L I N E MA T C H L I N E ITEMS THIS SHEET QTY UNITS LF6914" DOUBLE YELLOW STRIPE EA EA 3 2 2' x 6' CROSSWALK INSTALL BIKE SHARROW SYMBOL INSTALL BIKE SHARROW SYMBOL INSTALL BIKE SHARROW SYMBOL YA L E S T . HA R V A R D S T . 10 ' 10 ' 7' BU C K E Y E S T . ES S E X S T 10 ' 10 ' 7' AUG. 26, 2025 5 SALEM ROAD WEDINGTON DR TO ESSEX ST STRIPING PLAN Scale: 1" = 30' FURNISH AND INSTALL ± 220 L.F. 4" THERMOPLASTIC DOUBLE YELLOW SOLID STRIPE WITH 4" GAP FURNISH AND INSTALL ± 218 L.F. 4" THERMOPLASTIC DOUBLE YELLOW SOLID STRIPE WITH 4" GAP FURNISH AND INSTALL ± 220 L.F. 4" THERMOPLASTIC DOUBLE YELLOW SOLID STRIPE WITH 4" GAP MA T C H L I N E MA T C H L I N E MA T C H L I N E 658 LF4" DBL YELLOW STRIPE ITEMS QTY UNITS EA EA 2 2 INSTALL BIKE SHARROW SYMBOL INSTALL BIKE SHARROW SYMBOL A STRATEGIC TRAINING FOR ELECTED OFFICIALS THAT WILL EXPLORE THE ECONOMIC AND COMMUNITY IMPACT OF CONNECTED COMMUNITIES LOCATION: FAYETTEVILLE FACILITATED BY: LANESHIFT DATE: TBD CONNECTED COMMUNITY WORKSHOP ABOUT LANESHIFT L a n e s h i f t i s a p l a n n i n g a n d p r ofe s s i o n a l d eve l o p m e n t f i r m t h a t s p e c i a l i ze s i n b i cy c l e a n d p e d e s t r i a n n e t wo r k s a n d c o m m u n i t y c o n n e c t i v i t y . I n 2 0 2 5 , L a n e s h i f t b e c a m e a d i v i s i o n o f C r a f t o n Tu l l , a 3 0 0 + p e r s o n e n g i n e e r i n g a n d d e s i g n f i r m . T h e p a r t n e r s h i p c o m b i n e s t h e ex p e r t i s e o f b ot h f i r m s t o fo s t e r c o l l a b o ra t i o n w i t h c i t i e s , c o m p a n i e s , d e v e l o p e r s , a n d a d v o c a c y o rg a n i za t i o n s . O u r m i s s i o n i s to st re n g t h e n p e o p l e a n d p l a c e s t h ro u g h a ct i ve t ra n s p o r t a t i o n . O U R FOC U S La n e s h i f t i s fo c u s e d o n l eve ra g i n g o u r re a l -w o r l d ex p e r i e n c e to h e l p c l i e n t s i m p ro v e c o n n e c t i v i t y b y c r e a t i n g a n d i m p rov i n g b i ke n e t w o r k s , p e d e s t r i a n n et w o r k s , a n d a m e n i t i e s . A t o u r c o re , La n e s h i f t i s p a s s i o n a t e a b o u t a n d fo c u s e d o n m ov i n g p e o p l e s a fe l y a n d c o m fo rt a b l y . T h i s t ra n s l a t e s i n to a fo c u s o n a c t i ve m o b i l i t y w i t h a n e m p h a s i s o n b i cy c l e a n d p e d e s t r i a n m o d e s . At L a n e s h i f t , w e a r e c o m m i t t e d t o fo st e r i n g c o n n e c t i o n s b e t w e e n c o m m u n i t i e s a n d p e o p l e . La n e s h i f t f a c i l i t a t e s h i g h -i m p a ct e d u c a t i o n a l o f fe r i n g s , w h i c h a re d e s i g n e d t o e q u i p p a r t i c i p a n t s w i t h a d e e p u n d e r st a n d i n g o f b ot h a ct i ve t ra n s p o r t a t i o n -f r i e n d l y c u l t u re a n d i n f r a s t r u c t u re . Ed u c a t i o n a l p ro g r a m s a l s o p rov i d e o p p o rt u n i t i e s fo r p a r t i c i p a n t s t o b u i l d re l a t i o n s h i p s a n d l e a r n f ro m o t h e r p rofe s s i o n a l s f r o m a ro u n d t h e c o u n t r y . We b e l i e v e e d u c a t i o n c a n c h a n g e p e o p l e ’s l i v e s a n d e m p ow e r p r ofe s s i o n a l s t o i m p a ct p o s i t i ve c h a n g e w i t h i n t h e i r c o m m u n i t i e s . W h e n p ro fe s s i o n a l s c h a n g e h o w t h ey t h i n k a b o u t t h e i r c o m m u n i t y, i t c h a n g e s h o w t h ey m a k e d e c i s i o n s w i t h i n t h e i r c o m m u n i t y . P r o f e s s i o n a l D ev e l o p m e n t H i g h l i g h t s : A c t i v e Tra n s p o r t a t i o n Ac a d e my (ATA )- 4 Da y p ro fe s s i o n a l d eve l o p m e n t c o u r s e1. S i x ye a r s o f ex p e r i e n c e d e l i v e r i n g t h e ATA t o d i v e r s e p ro fe s s i o n a l s . La n e s h i f t h a s f a c i l i t a te d n i n e t e e n ATA s s i n c e 2 01 9 a n d t ra i n e d o v e r 15 0 p r o fe s s i o n a l s t h r o u g h t h e p ro g ra m . Pa r t i c i p a n t s f r o m a r o u n d t h e c o u n t r y t ra ve l to B e n to n v i l l e , A R , t o l e a r n f ro m o u r te a m t h r o u g h e n g a g i n g w o r k s h o p s , i n -t h e -f i e l d l e a r n i n g , a n d a f i n a l c a p s t o n e p ro j e c t t h a t s h ow s ev i d e n c e of p ro g ra m a p p l i c a t i o n . 2 . Ben ch m a rk in g To u rs - 2-3 day profes siona l deve l o pment ex peri ence for gro u p s or teams : O ve r s i x ye a r s o f ex p e r i e n c e d e s i g n i n g , d e l i v e r i n g , a n d f a c i l i t a t i n g B e n c h m a r k i n g To u r s . Fa c i l i t a te d e i g h t e e n B e n c h m a r k i n g To u r s i n N W Ar ka n s a s w i t h d e l e g a t i o n s f ro m m e t ro p o l i t a n p l a n n i n g o rg a n iza t i o n s , c i t i e s , a d vo c a cy g r o u p s a s we l l a s p r o j e c t - b a s e d s t a ke h o l d e r g ro u p s . 2 0 0 + p ro fe s s i o n a l s t ra i n e d a n d e q u i p p e d t h r o u g h B e n c h m a r k i n g To u r s La n e s h i f t c o o rd i n a t e s a l l l o g i s t i c s , i n c l u d i n g a g e n d a d ev e l o p m e n t a n d ref i n e m e n t , c o m m u n i c a t i o n w i t h p a rt i c i p a n t s , a c c o m m o d a t i o n s , m e a l s , o u t s i d e s p e a k e r s , t ra n s p o r t a t i o n , a n d b i cyc l e s . OUR PROFESSIONAL DEVELOPMENT EXPERIENCE Laneshift was founded in 2017 by Ryan Hale. Prior to this, Ryan worked for over five years at the center of the growth of Northwest Arkansas’ bike and pedestrian network as a staff member for the Walton Family Foundation. Through projects like the development of the Razorback Regional Greenway, the Back 40 mountain biking trail system in Bella Vista, and Lake Atalanta in Rogers, AR, Ryan gained valuable experience in the implementation of robust bike and pedestrian systems that continue to grow in size and connectivity. Experiences gained while working at both the regional and project levels helped serve as a springboard for the launch of Laneshift. Bio at a Glance: Former Community Banker 5+ years with the Walton Family Foundation as lead program officer for the development of bike and pedestrian infrastructure in the Home Region Team captain-University of Arkansas Razorbacks - 1998 Football Member of New York Giants-1999-2000-NFC Champions & Superbowl 35 Ryan Hale Vice President Laneshift 901 N. 47 Street th Rogers, AR 72712 479-426-2082 ryan@laneshift.net Relevant Projects: Razorback Regional Greenway- Northwest Arkansas* Springdale, AR & Siloam Springs, AR – Safe Streets Pilot Projects (2018-2019) City of Joplin, MO – Active Transportation Plan (2021) Acquisition and preservation of Mt. Kessler-Fayetteville, AR* Lake Atalanta revitalization- Rogers, AR* Coler Mountain Bike Preserve-Bentonville, AR* Multi-use trail development-Markham Hill/Fayetteville, AR Railyard Loop -Rogers, AR* Back Forty Trail system- Bella Vista, AR* Dirt 66, Trails and connectivity plan- Springfield, MO *Prior Experience OUR TEAM With over eight years of customer service experience, Marina has worked in a variety of fields ranging from being a barista at a specialty coffee shop to administrative work at a behavioral health clinic. Marina has been working at Laneshift since August 2021 and handles all of the day-to-day tasks associated with facilitating effective programs. Her role includes coordinating client and consultant teams, scheduling, preparation, quality control of materials, and daily tracking of deliverables through project management software. OUR TEAM Marina Kashubin Project Specialist Jacob was born and raised in Northwest Arkansas and truly feels at home in the Ozarks and the greater outdoors. You can find him enjoying a range of different outdoor activities, from hiking with his family to trail running and bike riding. The bicycle has been a massively influential part of his life. Prior to joining Laneshift, Jacob served as the Store Manager of a local bike shop where he was able to share his passion for nature, gain unique perspectives, and build a strong culture centered around pedaling on two wheels. Jacob is driven to connect people by creating and designing amazing spaces to work, play, and live. Jake Truman Visual Design Coordinator Jocelynn Crowther Sr. Project Engineer Jocelynn studied civil and environmental engineering and received both a bachelor’s and master’s degree at Brigham Young University. Jocelynn’s mother introduced her to bike riding when she was in high school, and they enjoyed riding along the country roads while avoiding puncture vine. She kept up riding on trails in Utah Valley and introduced her husband,Nathan, to the joy of riding before they moved to NWA in 2017. Jocelynn and Nathan have two sons who are five and two years old. Jocelynn works as an engineering consultant for Laneshift and is adding her experience with municipal engineering, project design and construction, and active transportation projects to the team. OVERVIEW OF THE WORKSHOP a. H o w ac ti v e tr a n spo rta t io n c a n c a t alyze and c o n t ri b u t e to a c omm u ni t y 's ec o n omy. b . Th e ro l e t h at ac ti v e tr a n sporta t io n p lays i n p lace m a k i n g . c . D e si g n in g s p ac e s a nd place s fo r p e ople o n f oo t and o n b ikes. d . V u lnerab l e Ro a d U ser Saf ety. e . Ho w t o sus t ai n a cult u r e o f m ovem e n t and ac ti v it y tha t ca n im p ro v e me nta l a n d p hy si c a l h e a lth o u tc omes. We are passionate about sharing the story of "connected communities" and educating our clients how connectivity can transform both people and places. During our workshop, the Laneshift team will spend time with city leaders to educate and inform on the benefits of creating safe, comfortable and connected infrastructure as well as the importance of sustaining a welcoming, accessible and encouraging culture for active transportation. We will explore detailed ways that cities can promote and encourage a more connected community by prioritizing active transportation elements which can add value to the local economy, increase health outcomes and strengthen their community. TOPICS COVERED IN WORKSHOP: Draft Agenda: 8:30 am- Begin workshop in Fayetteville (Light breakfast items and coffee available) Facilitator: Ryan Hale Reviewing the “Connected Community” model which provides a framework for developing safe, comfortable and connected infrastructure and a welcoming, accessible and encouraging culture. Exploring the benefits of active transportation within a community. Vulnerable Road User Safety solutions 10:30 am- Gear up to ride and orientation to bikes 11 am- Facilitated biking and walking tour of key active transportation projects in Fayetteville 12:30 pm- Lunch 1:30 pm- Conclude ride and debrief 2:30 pm- Workshop complete O P T I O N #1 :S A M P L E A G E N D A ½ +D A Y W O R K S H O P A N D R I D E O P T I O N #2 :S A M P L E A G E N D A F U L L D A Y W O R K S H O P A N D R I D E Draft Agenda: 8:30 am- Begin workshop in Fayetteville (Light breakfast items and coffee available) Facilitator: Ryan Hale Reviewing the “Connected Community” model which provides a framework for developing safe, comfortable and connected infrastructure and a welcoming, accessible and encouraging culture. Exploring the benefits of active transportation within a community. Vulnerable Road User Safety solutions 10:30 am- Travel to Rogers via van to explore multiple active transportation projects in that city. We will explore on foot and by bike (Downtown Rogers and Uptown). Visit with a staff member from the City of Rogers. 12 pm- Lunch 1 pm- Travel to Bentonville to explore multiple active transportation projects on foot and by bike. (3 and 8 Street cycle tracks, Razorback Regional Greenway through Walmart campus) rd th 3 pm- Depart for Fayetteville 3:30 pm- Biking in Fayetteville (locations to be determined) 5 pm- Conclude ride and debrief over dinner- (Upstairs at Woodstone) 7 pm- Workshop complete O P T I O N #2 : F U L L D A Y W O R K S H O P A N D R I D E $4 ,9 2 5 What’s included: Facilitation of workshop and tour. Water, hydration drinks, protein bars, and snacks throughout the day. Light breakfast items and coffee. Lunch Use of e-bike and helmet for each participant. Pre-event planning with city staff to finalize agenda. Logistics communication with participants to answer frequently asked questions. Dinner at Woodstone Pizza The city can include up to 13 participants. What’s not included: Venue space for workshop What’s Included: Facilitation of workshop and tour. Water, hydration drinks, protein bars, and snacks throughout the day. Light breakfast items and coffee. Lunch Use of e-bike and helmet for each participant. Pre-event planning with city staff to finalize agenda. Logistics communication with participants to answer frequently asked questions. The city can include up to 13 participants. What’s not included: Venue space for workshop O P T I O N #1 : ½ +D A Y W O R K S H O P A N D R I D E $3 ,4 6 2 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Transportation Committee Memo 2025-1900 Meeting of September 30, 2025 To: Transportation Committee Thru: From: Paul Libertini, Staff Engineer Subject: Hwy 112 (Garland Ave) - Follow up to a Request to Modify Raised Median Recommendation: Approval of the proposed modification to the median opening at Station 10+25 on the Hwy 112 plans. Background: The request from Bradford Place property owners to modify the proposed raised median in front of their driveway on Hwy 112 was presented to the Transportation Committee on August 26th. Staff cited 4 different options for the Committee to consider, discuss and recommend. Discussion: Staff was given direction by the Transportation Committee to shorten the length of the raised median giving access to the Bradford Place residents. Attached for review are 2 plan sheets showing the proposed shortened raised median. If the Committee approves the proposed modification, staff will have the consultant revise the construction plans. Budget/Staff Impact: No Impact Attachments: Hwy 112 - Proposed Median Adjustment Plans, Median Opening Request Packet from the August 26 Transportation Committee Meeting RW RWRWRWRW RW RWRWRWRW RW RW SCALE IN FEET 15'0 60'30' HWY. 112 / GARLAND AVE. Sc a l e F o r M i c r o f i l m i n g In c h e s Mi l l i m e t e r s no.date descriptionby 1 1312111098765432 I H G F E D C B A date detailed checkeddesigned ofsheet sheets project contract rev.drawing file ckd 6576 LYNCH'S PRAIRIE COVE, STE B SPRINGDALE, AR 72762 100% REVIEW NOT FOR CONSTRUCTION RED COLORED CONCRETE (TR1 TRAIL DETAIL)(8" THICK) DECORATIVE CONCRETE PAVING (8" UNIFORM THICKNESS) TRANSIT STOP (HARDSCAPE ONLY, SHELTER BY OTHERS) CONCRETE SIDEWALK (4" THICK CONC. & 4" THICK CLASS 7 BASE) CONCRETE TRAIL (4" THICK FIBER REINFORCED CONC. & 4" THICK CLASS 7 BASE) PAVEMENT LEGEND +2 5 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 PR C : 3 + 6 0 . 6 6 PT : 7 + 1 9 . 5 1 8+00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 PC : 1 4 + 1 5 . 1 0 P T : 0 + 3 3 . 3 7 P I : 1 + 2 8 . 2 6 0+00 SCALE IN FEET 15'0 60'30' Sc a l e F o r M i c r o f i l m i n g In c h e s Mi l l i m e t e r s no.date descriptionby 1 1312111098765432 I H G F E D C B A date detailed checkeddesigned ofsheet sheets project contract rev.drawing file ckd 6576 LYNCH'S PRAIRIE COVE, STE B SPRINGDALE, AR 72762 100% REVIEW NOT FOR CONSTRUCTION SCALE IN FEET 15'0 60'30' SCALE IN FEET 15'0 60'30' 11+10 10+30 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Transportation Committee Memo 2025-1534 Meeting of August 26, 2025 To: Transportation Committee Thru: Molly Rawn, Mayor Keith Macedo, Chief of Staff Chris Brown, Public Works Director From: Paul Libertini, Staff Engineer Subject: Hwy 112 (Garland Ave) – Request to Modify Raised Median Recommendation: Staff requests that the Transportation Committee select one of the options presented today as a solution to an appeal from a resident of Bradford Place to modify a raised median on Hwy 112. Background: The City has agreement in place with the Arkansas Department of Transportation (ARDOT) to design and construct Garland Avenue from Janice Ave to Drake Street, approximately 1.0 miles. ARDOT is paying 100% of the design, land acquisition and construction with the stipulation that the City will take over the ownership and maintenance of Garland Avenue. The construction plans are ready to bid once some right-of-way issues are resolved. On May 9, 2019, the Transportation Committee approved a recommendation to City Council to hire Burns & McDonnell Engineering Company for professional services to design this highway project. A static, web-based public information meeting was made available to the public by the City from March 9, 2022 until April 6, 2022 on the City’s Speak Up Fayetteville website. Informational letters were sent to property owners containing a link to Speak Up Fayetteville & a QR code. The letter for Bradford Place was mailed to Harris-McHaney Property Management, 809 S 52nd St, Rogers, Arkansas. This highway has been designed as a 4-lane divided roadway with raised grass medians for safety. Median openings have been provided at all public streets. The current design provides “bulb-outs” for legal U-turns for adjacent residents. It should also be noted that this typical section is in compliance with the future widening of Hwy 112 from Fayetteville to Bentonville (approx. 20 miles) which includes raised medians and roundabouts as safety features (see exhibits). The utilization of raised medians as a safety feature is supported by 2 facts sheets, one from ARDOT and one from FHWA, which state that we can expect to see a reduction in crashes in the range of 46% to 71% (Statewide results), and a reduction in fatal & serious injuries by 82% per a case study of Hwy 412 in Siloam Springs. The Average Daily Traffic from the ARDOT website is listed as 18,000 vehicles in 2024. Bradford Place contains 44 residential units that generate approximately 292 trips per weekday (6.63 trips per unit), and 27 trips during the a.m. and p.m. peak hours (0.61 trips per unit) based on published trip generation studies by ITE (Institute of Transportation Engineers). There are no published trip generation rates for Airbnb properties, however it was suggested that the trip generation rates would be higher. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Discussion: Staff offers the responses below to the email request from Brandon Anthes (Bradford Place) to remove the raised median: • The City GIS map shows 44 addresses, not 39 as stated • It appears that the studies mentioned were referring to an undivided highway vs a divided highway with a center turn lane • It is agreed that a center turn lane is safer than an undivided highway, but that is not the case here. Raised medians control turning movements much better than a two-way left turn lane resulting in increased safety. • It is more expensive to construct a paved center turn lane than to construct a raised grassed median • It appears that it would be possible for Bradford Place to make a driveway connection to Elm Street, thereby having full access to a median opening The following 4 options are offered for discussion: 1. Do Nothing, leave the raised median as designed 2. Extend the raised median or install traffic devices to deter vehicles from making illegal & potentially dangerous crossings 3. Shorten the raised median to allow vehicles to make a southbound left turn across Hwy 112 4. Remove the raised median and replace with a two-way left turn lane (not recommended) Budget/Staff Impact: No Impact Attachments: NWA Regional Hwy 112 Conceptual Drawing (approx. 20 miles), NWA Regional Hwy 112 Typical Section, Bradford Place - GIS Aerial Exhibit, Hwy 112/Garland Ave Conceptual Drawing, ARDOT Raised Median Fact Sheet, FHWA Median Safety Fact Sheet, Email Request from Brandon Anthes of Bradford Place 112 112 112 112 £¤412 £¤412 §¨¦49 §¨¦49 Job 040752 Howard Nickell Rd. - Greathouse Springs Rd. Job 040758 Greathouse Springs Rd. - Don Tyson Pkwy. Extension Job 040860 Don Tyson Pkwy. Extension - Hwy. 412 PRELIMINARY Subject To Revision Proposed Road³ 0 1,000 2,000 Feet Photography Date: 2021 ARDOT - Environmental GIS - Reed Map: August 31, 2021; Meeting: September 9, 2021 Public Involvement Meeting VPI Exhibit Begin Job 040752 End Job 040752 Begin Job 040758 End Job 040758 Begin Job 040860 End Job 040860 Fayetteville, AR ExhibitParcel Label The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. Created: 8/14/2025 Credits: 2025 Imagery | EagleView Technologies | Surdex Corporation, City of Fayetteville, AR Map Author: 0 0.03 0.050.01 mi YIELD YIELD YIELD YIELD YIELD YIELD O N L Y ONLYONLYONLY ONLYONLYONLY ONLY DR A K E S T . A L T H E I M E R D R . CA S S A T T S T . DI N W I D D I E S T . GAR L A N D A V E . 112 TO FULBRI G H T EXPRE S S W A Y N . P O I N T C I R C L E INTER S T A T E 49 ON L Y ON L Y ON L Y O N L Y ON L Y KN A P P S T . KN A P P S T . ER N I E J A C K S EL M S T . ME L M A R D R . JA N I C E A V E . MORRILL AVE. 9' GREEN SPACE MEDIAN 1'-6" C&G 11' OUTER LANE & 10' INNER LANE 1'-6" C&G 9' GREEN SPACE 6' SIDEWALK 1'-6" C&G 10' INNER LANE & 11' OUTER LANE 1'-6" C&G 9' GREEN SPACE 12' TRAIL TYPICAL SECTION - LOOKING NORTH HWY 112 / GARLAND AVENUE N.T.S. ON L Y ON L Y CITY OF ARKANSAS FAYETTEVILLE MA T C H L I N E ' A ' MA T C H L I N E ' A ' raised medians What is a Raised Median? A raised median is a physical barrier that separates opposing directions of traffic, thus reducing the chance of a vehicle crossing into oncoming traffic. In urban areas, medians are often relatively narrow to limit property impacts. Planning Division 501-569-2201Diagram: From Gluck, J., H. S. Levinson, and V. Stover. NCHRP Report 420: Impacts if Access Management 501-569-2201 Techniques, TRB, National Research Council, Washington, D.C., 1999, Figure 30, p. 72. Copyright, National Academy of Sciences. Reproduced with permission of the Transportation Research Board. Improved Safety By creating a barrier between opposing traffic, raised medians prevent most head-on collisions, which can often be severe or fatal. Additionally, raised medians allow left-turns to be consolidated into a handful of well-designed median break locations. These median breaks can also be designed to allow U-turns (see back). Raised medians allow traffic to flow in a more orderly manner, reduce the number of conflict points, and greatly reduce crash severity and frequency. According to research from the Transportation Research Board, installing a raised median on an undivided highway resulted in a median accident rate reduction of nearly 35 percent. Raised medians are particularly beneficial when traffic volumes exceed 24,000 vehicles per day. AFTER REDUCED CONFLICTS BEFORE Many Conflicts with All Turns Permitted Arkansas has 54 miles of urban highways with a raised median INSTALLING A raised medianreduce crashes BY up to 71% ON AN UNDIVIDED ROADWAY SEGMENT August 2023 Reduced Delays By reducing conflict points and improving traffic flow, a roadway is able to carry more traffic. As a result, delays due to traffic congestion also decrease. Raised medians have been determined to reduce motorist delays up to 30 percent. Highway 60 Conway, Arkansas Photo: Highway 60 in Conway, Arkansas, Google Maps 1 Access Management Application Guidelines, Companion Volume to the Access Management Manual, Second Edition, Transportation Research Board, 2016 HIGHWAY 412 SILOAM SPRINGS CASE STUDY Prior to 2013, Highway 412 in west Siloam Springs was a four-lane highway with a center turn lane. The highway regularly experienced significant congestion and safety issues. Between 2006 and 2010, 415 crashes occurred on a 1.6-mile segment of Highway 412 in west Siloam Springs. Of those crashes, 17 were classified as a fatal or suspected serious injury, equating to a crash rate nearly three times higher than similar roadways across the state. To improve the roadway’s safety and reduce congestion, in 2012, ArDOT widened this segment of Highway 412 to six lanes and replaced the center turn lane with a raised median. As a result, over the next five years, the total number of crashes was reduced by 20 percent, and the number of fatal and serious injuries was reduced by more than 80 percent. 20 15 10 5 0 2006-2010 2012-2016 Fatal or Suspected Serious Injury Crashes 100 80 60 20 0 40 2006-2010 2012-2016 TOTAL CRASHES PER YEAR 82% Reduction in all FATAL and SUSPECTED SERIOUS INJURY CRASHES 46% REDUCTION IN ANGLE CRASHES HIGHWAY 412 CASE STUDY U-TURNs TO REACH DESTINATION Raised medians can be designed to allow U-turns to occur at periodic median breaks. U-turns reduce the number of conflict points along a corridor and have been proven to improve safety. Research has shown U-turns can reduce crash rates by 20 percent by removing direct left-turns from driveways. Often, a right turn from an unsignalized driveway followed by a U-turn is easier for drivers. This is because they only have to yield to one direction of traffic at a time rather than crossing two directions of traffic. Case studies in Texas and Iowa suggest 95 percent of business owners reported no change or an increase in retail sales after the construction of a raised median. Property values studied along the corridor were also reported as either unchanged or increased.1 Pedestrian Refuge Island reduction in pedestrian crashes.2 Median with Marked Crosswalk reduction in pedestrian crashes.2 FHWA-SA-21-044 Medians and Pedestrian Refuge Islands in Urban and Suburban Areas A median is the area between opposing lanes of traffic, excluding turn lanes. Medians in urban and suburban areas can be defined by pavement markings, raised medians, or islands to separate motorized and non- motorized road users. A pedestrian refuge island (or crossing area) is a median with a refuge area that is intended to help protect pedestrians who are crossing a road. 1 National Center for Statistics and Analysis. (2020, March). Pedestrians: 2018 data (Traffic Safety Facts. Report No. DOT HS 812 850). National Highway Traffic Safety Administration 2 (CMF ID: 175) Desktop Reference for Crash Reduction Factors, FHWA-SA-08-011, September 2008, Table 11. Pedestrian crashes account for approximately 17 percent of all traffic fatalities annually, and 74 percent of these occur at non-intersection locations.1 For pedestrians to safely cross a roadway, they must estimate vehicle speeds, determine acceptable gaps in traffic based on their walking speed, and predict vehicle paths. Installing a median or pedestrian refuge island can help improve safety by allowing pedestrians to cross one direction of traffic at a time. Transportation agencies should consider medians or pedestrian refuge islands in curbed sections of urban and suburban multilane roadways, particularly in areas with a significant mix of pedestrian and vehicle traffic, traffic volumes over 9,000 vehicles per day, and travel speeds 35 mph or greater. Medians/ refuge islands should be at least 4-ft wide, but preferably 8 ft for pedestrian comfort. Some example locations that may benefit from medians or pedestrian refuge islands include: • Mid-block crossings. • Approaches to multilane intersections. • Areas near transit stops or other pedestrian-focused sites. Example of a road with a median and pedestrian refuge islands. Source: City of Charlotte, NC Median and pedestrian refuge island near a roundabout. Source: www.pedbikeimages.org / Dan Burden 46% 56% Safety Benefits: OFFICE OF SAFETYProven Safety Countermeasures For more information on this and other FHWA Proven Safety Countermeasures, please visit https://highways.dot.gov/ safety/proven-safety-counter measures and https://high ways.dot.gov/sites/fhwa.dot. gov/files/2022-08/techSheet_ PedRefugeIsland2018.pdf. Mr. Brown, On behalf of the 39 homeowners of Bradford Place Condominiums, we respectfully object to the proposed raised median at our entrance and urge the City to install a continuous center turn lane instead. A raised median would block direct access, forcing residents, visitors, delivery trucks, school buses, and—most critically—emergency responders to overshoot our drive and perform U-turns onto Elm Street. This detour adds daily inconvenience, concentrates turning conﬂicts at a single location, and lengthens response times when seconds matter. Multiple studies conﬁrm that center turn lanes are safer than raised medians on residential arterials like ours. A peer-reviewed Tennessee crash study found fewer total crashes on high- driveway, medium-to-low-volume roads with a center turn lane. The Minnesota DOT “road-diet” evaluation recorded a 37 percent crash reduction after converting four-lane undivided roads (fewer than 17,500 vpd) to three lanes with a center turn lane. Iowa’s Access-Management Handbook states that center turn lanes “function well” on arterials carrying 10,000–28,000 AADT with numerous driveways—precisely the conditions on this stretch of Garland. Conversely, the Oregon DOT safety guide warns that raised medians often increase U-turn frequency and introduce new conﬂict points. Installing a center turn lane would: •Preserve direct, predictable driveway access. •Remove turning vehicles from through lanes, smoothing trafﬁc and reducing rear-end crashes. •Enable ﬁre, EMS, and police to reach us without detours. •Cost less to build and maintain than a landscaped median. Given the research, operational realities, and safety of all corridor users, we respectfully request the City choose a continuous center turn lane across the Bradford Place frontage. Thank you for your consideration. Sincerely, Bradford Place Homeowners’ Association References: Federal Highway Administration. Safety Evaluation of Center Two-Way Left-Turn Lanes on Two-Lane Roads (FHWA- HRT-08-042). https://www.fhwa.dot.gov/publications/research/safety/08042/ “Accidents on Suburban Highways—Tennessee’s Experience.” Journal of Transportation Engineering. https://ascelibrary.org/doi/ 10.1061/%28ASCE%290733-947X%281995%29121%3A3%28255%29 Minnesota Local Road Research Board. Safety and Operational Characteristics of Two-Way Left-Turn Lanes. https:// www.lrrb.org/pdf/200625.pdf Iowa Department of Transportation. Access Management Manual (Section on TWLTL performance). https://iowadot.gov/trafﬁc/ pdfs/MM1359-Access-Management-Manual.pdf Oregon Department of Transportation. Crash Reduction Factor Manual—Countermeasure H64: Convert TWLTL to Raised Median. https://www.oregon.gov/odot/Engineering/ARTS/CRF-Manual.pdf City’s Proposed Plan: Bradford Place Homeowners’ Association’s Proposal: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Transportation Committee Memo 2025-1887 Meeting of September 30, 2025 To: Transportation Committee Thru: From: Paul Libertini, Staff Engineer Subject: Hwy 112/Garland Ave (Janice Ave to Drake St) – Design Supplemental Agreement No. 3 with Burns & McDonnell Engineering Company Recommendation: A Resolution to approve Supplemental Agreement No. 3 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $929,515.00 for construction management and additional design services, and approve a Budget Adjustment. Background: On January 3, 2017, the City Council approved the City’s participation in a revised Partnering Agreement with the Arkansas Department of Transportation (ARDOT) to make needed improvements to Hwy 112 (Resolution 27-17). Upon completion of the improvements to Hwy 112, the City agreed to assume ownership and responsibility of Hwy 112 from Hwy 16 (15th St) to Interstate 49. This resolution also authorized Mayor Jordan to execute all appropriate agreements and contracts necessary to expedite the construction of this project. On September 19, 2017, the Mayor signed the Agreement of Understanding with ARDOT obligating the City to manage the improvements of Hwy 112 from Poplar Street to Drake Street. The City will be managing project design, right-of-way acquisition, utility relocations, bidding and construction management. On June 4, 2019, the Mayor signed the Agreement for Engineering Services with Burns & McDonnell Engineering Company, Inc. in the amount of $618,186.00 to develop construction plans for this street widening project. On June 16, 2020, the Mayor signed Supplemental Agreement No. 1 with Burns & McDonnell Engineering Company, Inc. in the amount of $52,967 for additional water & sewer design services associated with this project. In July of 2015, ARDOT completed the Hwy 112 Corridor Study which looked at approximately 20 miles of Hwy 112 starting at Janice Ave in Fayetteville which coincides with the starting point of the City’s project and terminating in Bentonville at Hwy 12. During the environmental phase of this corridor, FHWA required that noise studies be performed on certain sections of the 20-mile corridor. On February 15, 2022, the Mayor signed Supplemental Agreement No. 2 with Burns & McDonnel Engineering Company, Inc. in the amount of $28,282 to perform a detailed noise analysis required by the Federal Highway Administration (FHWA). The Traffic Noise Report concluded that none of the barriers were able to be designed to meet all of the ARDOT criteria and therefore no barriers were recommended for the Project area. The 100% design plans have been submitted to ARDOT and the City has received minor revision comments. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Land Acquisition is nearly complete and the City will be certifying the r/w and requesting authorization to bid this project for construction in the next month. Supplemental Agreement #3 (SA #3) to the design contract with Burns & McDonnell Engineering Company, Inc. has been prepared for construction management and additional design services. SA #3 has been submitted to ARDOT for review and comment. Discussion: ARDOT has completed their review and has approved SA #3 with Burns & McDonnell Company, Inc. The Mayor’s signature is required on SA #3 so that it may be executed by the Department. Budget/Staff Impact: This project will be fully (100%) funded by the ARDOT. The City will make the initial payments to the Consultant from the Transportation Bond Program fund and then request 100% reimbursement from the Department. Account # Project # Amount 4470.800.8835-5314.00 06035.3800 $929,515.00 TOTAL $929,515.00 Attachments: SRF Hwy 112 Supplemental Agreement #3, BA Hwy 112 Construction Management Revenue, Supplemental Agreement #3 with Burns & McDonnell Engineering Company, Hwy. 112 Partnering Agreement without attachments 9/11/2025 Submitted Date Yes 1,133,399.00$ 929,515.00$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 2,490,932.00$ 1,357,533.00$ Yes Yes 929,515.00$ 1,133,399.00$ 06035.3800 Project Number Budget Impact: Hwy 112 (Poplar St - Drake St) Fund Sales Tax Capital Improvement4470.800.8835-5314.00 Account Number Project Title City of Fayetteville Staff Review Form 2025-1723 Item ID 10/7/2025 City Council Meeting Date - Agenda Item Only A Resolution to approve Supplemental Agreement No. 3 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $929,515.00 for construction management and additional design services, and approve a Budget Adjustment. N/A for Non-Agenda Item Action Recommendation: Submitted By Paul Libertini ENGINEERING (621) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #137-19, 165-20, 49-22 Approval Date: Original Contract Number:2019-00000026 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Requestor: 10/7/2025 2025-1723 D - (City Council) / TOTAL 929,515 929,515 Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4470.800.8835-4309.00 - 929,515 06035 3800 RE Federal Grants - Capital 4470.800.8835-5314.00 929,515 - 06035 3800 EX Professional Services - - - - - - - - - - - - - - - - - - - - - - - - - - - - GLDATE: Budget Division Date TYPE: JOURNAL #: Adjustment Number 2025 Paul Libertini ENGINEERING (621)Division /Org2 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.2025826 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Recognize Federal-aid and State funds of $929,515 available for construction management and additional design services for the Hwy 112 (Poplar St - Drake St) which will be 100% reimbursed by the Arkansas Department of Transportation (ARDOT). COUNCIL DATE: CHKD/POSTED: ITEM ID#: \\city\dfs\Divs\Engineering\Engineering Design Services\Projects\Hwy 112-040720 Poplar St - Drake St\Federal Funding-Spreadshts- BA's-PO's\BA's\BA 2025-1723 Hwy 112 const revenue.xlsx 1 of 1 Supplemental Agreement No. 3 Job No. 040720 Poplar St. – Drake St. (Fayetteville) (S) Washington County Date: ____________ WHEREAS, the City of Fayetteville, Arkansas and Burns & McDonnell Engineering Company, Inc. entered into an Agreement for Engineering Services on June 4, 2019; and, WHEREAS, representatives of the City of Fayetteville requested work in addition to that defined in the Agreement. NOW THEREFORE, the following modifications will be made to the Agreement: MODIFICATIONS: 1) The “Contract Ceiling Price” (Section 1.2) is increased from $699,435 to $1,628,950. 2) The “Title I Services Ceiling Price” (Section 1.13) is increased from $699,435 to $862,491. a. Increased price is due to design changes requested between 90% and 100% plan development as well as schedule delays for the project that resulted in longer duration of project administration and management. See Appendix A-2 – Justification of Fees and Costs for detail. 3) The “Title II Services Ceiling Price” (Section 1.16) shall be modified as follows: a. The first sentence, “The Title II Services Ceiling Price for this Agreement is not applicable (NA).” Shall be changed to read “The Title II Services Ceiling Price for this Agreement is $766,459.” 4) The fixed fee (Section 3.4) is increased from $56,358 to $73,828. a. Increased fixed fee is due to design changes requested between 90% and 100% plan development as well as schedule delays for the project that resulted in longer duration of project administration and management. See Attachment A-2 – Justification of Fees and Costs for detail. 5) The duration (Section 17.1) for Title I Services shall be extended to an anticipated completion of date of July 31, 2025. The duration for Title II Services is anticipated to be 20 months from Construction Notice to Proceed, with an anticipated completion of March 31, 2027. 6) The Scope of Work shall be modified to include Scope of Work for Title II Services. See Appendix A-1A Scope of Work for Title II Services. 7) See Appendix A-2 for modifications to Justification of Costs and Fees. a. Costs and Fees associated with 2a, and 4a above are described in: i. Worksheet titled - Design Changes Since 90% - SA#3 ii. Worksheet titled - Increased Project Administration Due to Schedule Delays – SA#3 b. Costs and Fees associated with 3a above are described in: i. Worksheet titled – Construction Admin. & Observation – SA#3 ii. Worksheet titled – Subconsultant Summary – SA#3 iii. Worksheet titled – CMT Construction Materials Testing – SA#3 iv. Worksheet titled – ROW & Easement Staking – SA#3 v. Worksheet titled – Asbuilt – Record Drawing Survey – SA#3 IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 3, to be effective upon the date set out above. BURNS & MCDONNELL CITY OF FAYETTEVILLE, AR ENGINEERING COMPANY, INC. BY:________________________ BY:_______________________ Steven Beam, P.E. Molly Rawn Business Manager Mayor APPENDIX A-1A SCOPE OF WORK FOR TITLE II SERVICES ARDOT JOB 040720 Poplar St. – Drake St. (Fayetteville)(S) Washington County A. GENERAL This work consists of providing construction administration and observation services to assist the OWNER during construction of the project. The CONSULTANT’s services do not constitute full-time on-site services and cannot make any guarantees regarding the Contractor’s performance or adherence to the Project requirements. Therefore, it is understood that the OWNER’s staff may perform its own inspections. The CONSULTANT is not responsible for the accuracy or validity of information provided by the OWNER and may rely upon the same without independent verification. CONSULTANT does not guarantee the performance of or warrant the work, work product, or deliverables of any of OWNER’s separate contractors or designers or subcontractor, or the performance or actions of any third parties impacting, exercising control over, or that have legal, regulatory, permitting, or other jurisdiction involving the project or its participants. CONSULTANT’s execution of this scope of work shall not cause CONSULTANT to assume any liability for any contractor(s’) failure to perform it’s work in accordance with its contract documents or for contractor(s)’ defects in the work, which remain the sole responsibility of the OWNER’s contractor. The Contractor is fully responsible for the means and methods of jobsite safety for construction personnel. It is the Construction Contractor’s obligation to enforce adherence to the Federal, State and local laws, rules and regulations concerning construction and jobsite safety. OWNER agrees to look solely to its other contractors to assure that they comply with the specifications and performance standards imposed upon those other contractors. OWNER will look solely to its other contractors for quality control and quality assurance with respect to those contractors’ scopes of work, specifications and performance standards. Notwithstanding anything herein the contrary, OWNER agrees that CONSULTANT’s services do not require, obligate, or create the duty of CONSULTANT to discover all defects, deficiencies, or problems that may exist in any work that is viewed. OWNER agrees that CONSULTANT is not being engaged to serve as construction contractor or to provide quality control or assurance in connection with construction. CONSULTANT’s review and observation is limited in scope and duration and neither Party intends CONSULTANT to assume any liability to OWNER or others for the proper, fabrication, assembly, preparation, or installation of the work. CONSULTANT will maintain a safety program solely for its employees and CONSULTANT’s subconsultant’s employees. CONSULTANT specifically disclaims any authority or responsibility for general jobsite safety and for the safety of persons who are not the employees of CONSULTANT or CONSULTANT’s subconsultant(s). It is understood and agreed that the CONSULTANT will not be responsible for the job safety or site safety of the project and shall not be responsible for compliance with safety programs and related OSHA regulations required to be followed by the Contractor or its employees, Subcontractors, and agents. Jobsite safety shall be the sole responsibility of OWNER or its Contractor. B. SCHEDULE These services shall commence at the Notice of Award and continue through Final Acceptance of the Project by the OWNER. The Project Schedule stated in the Project Manual is 540 calendar days to final acceptance. It is anticipated that some services including project closeout and as-built – record drawing development will be performed after construction is complete. Therefore, the total duration of Title II Services is anticipated to be 20 months, starting from the Owners notice to proceed to the contractor. If the OWNER AGREEMENT TASK ORDER NO. 4 2 construction duration exceeds the 540-calendar day limit, the CONSULTANT will be entitled to additional compensation. C. PROJECT MANAGEMENT AND CONSTRUCTION ADMINISTRATION As a part of the Project Management and Construction Administration, the CONSULTANT will: 1. Assist OWNER with review and coordination of construction contract documents, agreement, bonds and certificate of insurance. Distribute copies to OWNER, CONSULTANT, and contractor. Maintain copies of documents in the project file. 2. Schedule and conduct a pre-construction conference for the Project. Keep meeting notes to generally summarize discussion during the meeting and maintain an attendance log for the meeting. Following the meeting, distribute the meeting notes to all on the attendance log. 3. Track, review and maintain a log of up to forty (40) materials submittals and/or shop drawings from the contractor, only for work where the CONSULTANT was the Designer of Record. This review is for general conformance to the requirements of the plans and specifications. 4. Assist OWNER with preparation of the contractor’s Notice to Proceed. 5. Assist OWNER with evaluation of up to sixty (60) requests received from the Contractor for time extensions, contract changes, requests for information, extra work, and proposals. 6. Process Supplemental Agreements pursuant to the construction contracts for necessary changes and potential solutions to the OWNER for final decision. 7. Schedule and manage subconsultant responsible for Survey Staking for right-of-way lines and easements as provided in section G of this Scope of Work. 8. Schedule and manage subconsultant responsible for Construction Materials Testing as provided in section F of this Scope of Work. 9. Identify and monitor project permit requirements and notify the Contractor and the OWNER of potential violations. 10. The CONSULTANT will conduct bi-weekly construction meetings on the project with the contractor and their subcontractors, the OWNER’s project representative and other interested parties to review the work schedule, plan changes, construction problems or other matters. The notes from these meetings will be distributed to all parties in attendance after completion of the meeting. D. CONSTRUCTION OBSERVATION The CONSULTANT will make periodic site visits to observe the progress of construction. The observer’s site attendance shall be at the CONSULTANT’s discretion, or at the OWNERs request based on nature and needs of the construction work being executed on a day-to-day basis. As such the observer’s work hours shall not reflect the Contractor’s work hours. Construction observation is anticipated to average 20 hours per week for the duration of the project and will not be “full-time”. OWNER understands that CONSULTANT’s observations will by their nature not be exhaustive and not intended to function as quality control or quality assurance of construction contractor’s work. When feasible, the CONSULTANT will be present for construction materials testing as described in section F below. The CONSULTANT will observe installation of water and sewer utilities and will be present to observe water and sewer testing as described in the City of Fayetteville Water and Sewer Specifications. Testing will be the responsibility of the contractor. OWNER AGREEMENT TASK ORDER NO. 4 3 The CONSULTANT will perform the following observation services: 1. Maintain daily observation reports, including, weather, conditions of the construction site, construction activities being performed, material deliveries, testing performed, and correspondence in the field. 2. Coordinate with the OWNER and contractor to prepare pay applications on a monthly basis, including verification of quantities, work completed, and materials stored. 3. Observe traffic control devices, lane closures, traffic queue lengths, travel time through project and other impacts on traffic in accordance with the Maintenance of Traffic Plans. Coordinate and notify Owner when changes in traffic patterns are planned, so they may notify the public. 4. Periodically observe the Contractor’s documentation pertaining to the U.S. Army Corps of Engineers Nationwide Permit, National Pollutant Discharge Elimination System (NPDES) permits and Short Term Activity Authorization permits issued by the Arkansas Department of Environmental Quality. E. CONSTRUCTION CLOSEOUT Upon notification from the Owner that the project is nearing substantial completion, the CONSULTANT will perform the following services to close the project out: 1. Upon the OWNERs request, the CONSULTANT will perform one (1) pre-final walk through, with the OWNER and contractor to observe and document any testing to be completed, and/or construction scope items remaining to be completed. Upon completion of the pre-final walk- through, the CONSULTANT will prepare a report and a general list of tasks remaining to complete the scope of work for the project and will send this to OWNER. This list will not be inclusive of all items to be completed for the project but will generally identify areas of the project where scope of work remains to be completed. 2. Upon the OWNERs request, the CONSULTANT will perform one (1) Substantial Completion Walk Through with the OWNER and Contractor. The CONSULTANT will document punch list items and will include pictures where feasible. The punch list and pictures will be provided to the OWNER and Contractor after completion of the walk through. The OWNER shall be responsible for determination of whether the project qualifies as Substantially Complete. 3. Once the OWNER has determined that the project construction is Substantially Complete, the CONSULTANT will assist the OWNER in preparing a Certificate of Substantial Completion. 4. Following the issuance of the Certificate of Substantial Completion, the CONSULTANT will observe the progress of completion of punch list items and communicate opinion of progress with the OWNER. 5. Upon the OWNERs request, the CONSULTANT will perform one (1) Final Walk Through with the OWNER and Contractor. The CONSULTANT will document punch list items and will include pictures where feasible. The punch list and pictures will be provided to the OWNER and Contractor after completion of the walk through. The OWNER shall be responsible for determination of whether the project qualifies for Final Completion. 6. Once the OWNER has determined that the project construction is Complete, the CONSULTANT will assist the OWNER preparation of a Certificate of Final Completion. 7. Upon issuance of the Certificate of Final Completion, the CONSULTANT will prepare and provide Record Drawings based on CONSULTANT’s and Contractor’s field redlines and an as-built survey of water and sewer features visible at the surface. CONSULTANT’s designs record drawing documents produced by CONSULTANT shall be for information only, and shall not be used, re- used or altered, either in whole or in part for any other purpose by OWNER or any other party OWNER AGREEMENT TASK ORDER NO. 4 4 without release of liability from the CONSULTANT. Any such use by OWNER is at OWNER’s sole risk and liability and CONSULTANT shall be held harmless from the same. The CONSULTANT will assist the owner in preparation of a final reconciliation change orders (if necessary) for the project and will coordinate with the Contractor and OWNER to prepare the final pay application. F. CONSTRUCTION MATERIALS TESTING The CONSULTANT will perform construction materials testing of component materials and completed work items to observe and document if the construction, as and where tested, is in general conformance with the plans, specifications and contract provisions. It is expected that services for construction materials testing will include the following tests, each listed with the anticipated number of trips required for this project: · Proof roll and subgrade testing (23 Trips, 1 hour each trip, Geotechnical Engineer or Rep.), · Laboratory soil sampling and testing (Gradation/Proctor) (6 Samples/tests), · Field density testing (54 trips, 4 tests per trip, Certified Tech), · Reinforcing bar observations (18 trips, 1 hour each trip, Geotechnical Engineer or Rep.), · Cast-in-place concrete testing, (60 Trips, 1 hour each trip, Certified Tech), · Asphalt Field Coring (2 Trips, 11 Cores total, Certified Tech), · Asphalt Testing (6 Trips for Samples - Certified Tech, 8 hours lab work). The CONSULTANT will provide the services of a Testing Laboratory to perform materials testing of the construction materials incorporated in the work. The Testing Laboratory shall perform material tests in accordance with the ARDOT’s “Manual of Field Sampling and Testing Procedures” unless the Project Manual specifies differently. The Testing Laboratory shall be certified by the Center for Training of Transportation Professionals (CTTP). Results from tests performed and materials sampled will be provided to the OWNER and Contractor in a timely manner. The CONSULTANT will maintain a record of these results and document testing activities on daily observation reports. In the event of a test that does not comply with the project plans or specifications, the CONSULTANT will provide options to the OWNER regarding acceptance, replacement, or other remedies. The acceptance or rejection of such work, whether as-is, replaced, or remedied in some way, is solely up to the OWNER, and CONSULTANT assumes no liability for the work performed by the Contractor. OWNER understands and agrees that testing is not exhaustive and does not guarantee that all work and materials incorporated into the project by the construction contractor will be conforming, or that nonconforming materials or work will be revealed beyond the quantity of work observed and tested. G. RIGHT OF WAY AND EASEMENT STAKING – IF REQUESTED If Requested by the OWNER, the CONSULTANT will provide construction layout services of Right-of-Way and Easement lines for the project. Services will include layout of points for the following lines: right-of-way, drainage easements, general utility easements, grading and utility easements, and temporary construction easements. Points will be staked at 200-foot intervals, except where line or curve segments are less than 200-feet long, in which case corners or changes in direction will also be staked. Points will be marked with 60d nails with pink whiskers attached and 36” tall wooden lathes including a written description of the point. It is the Contractor’s responsibility to protect and maintain these stakes. This scope of work includes staking each of the lines mentioned above up to two times as requested by the OWNER. Any additional staking will be the responsibility of the Contractor. Staking is not for the reliance of any third party right of way or easement user, who has the sole responsibility and liability to determine location of any installation. TITLE I SERVICES HOURS SALARY FEE EXPENSES TOTAL PROJECT MANAGEMENT 160 $24,597 $2,952 $0 $27,549 SUPPLEMENTAL AGREEMENT NO. 3 84 $12,427 $1,491 $0 $13,918 ENVIRONMENTAL CLEARANCE DOCUMENTATION 342 $46,702 $5,604 $3,536 $55,842 SUPPLEMENTAL AGREEMENT NO. 1 -67 ($9,375) ($1,125) ($700) ($11,200) SUPPLEMENTAL AGREEMENT NO. 2 154 $23,328 $2,799 $2,155 $28,282 TRAFFIC DESIGN & PLANS 138 $18,673 $2,241 $249 $21,163 ROADWAY DESIGN & PLANS 2,447 $318,521 $38,223 $175 $356,919 SUPPLEMENTAL AGREEMENT NO. 3 1,010 $133,159 $15,979 $0 $149,138 BRIDGE DESIGN & PLANS 0 $0 $0 $0 $0 FLOODPLAIN MODELING 0 $0 $0 $0 $0 ROW DESIGN & PLANS FIELD SURVEYS AND MAPPING GEOTECHNICAL WATER & SEWER RELOCATION DESIGN (SA NO. 1)378 $47,198 $5,664 $105 $52,967 ORIG. SUBTOTAL TITLE I 3,087 $408,493 $49,020 $3,960 $461,473 SUPPLEMENTAL NO. 1 SUBTOTAL TITLE I 311 $37,823 $4,539 ($595) $41,767 SUPPLEMENTAL NO. 2 SUBTOTAL TITLE I 154 $23,328 $2,799 $2,155 $28,282 SUPPLEMENTAL NO. 3 SUBTOTAL TITLE I 1,094 $145,586 $17,470 $0 $163,056 ADJ. SUBTOTAL TITLE I 4,646 $615,230 $73,828 $5,520 $694,578 SUBCONSULTANTS TITLE I McClelland Consulting Engineers, Inc. 1,798 $124,843 $14,981 $16,889 $156,713 Harbor Environmental (SA No. 1) 87 $8,964 $1,076 $1,160 $11,200 ORIG. SUBTOTAL SUBCONSULTANTS TITLE I 1,798 $124,843 $14,981 $16,889 $156,713 ADJ. SUBTOTAL SUBCONSULTANTS TITLE I 1,885 $133,807 $16,057 $18,049 $167,913 ORIG. TOTAL TITLE I 4,885 $533,336 $64,001 $20,849 $618,186 ADJ. TOTAL TITLE I 6,531 $749,037 $89,885 $23,569 $862,491 TITLE II SERVICES HOURS SALARY FEE EXPENSES TOTAL CONSTRUCTION ADMIN. & OBSERVATION - SA#3 3,658 $651,198 $0 $8,231 $659,429 SUBCONSULTANTS TITLE II CMT - CONSTRUCTION MATERIALS TESTING - SA#3 574 $44,354 $0 $11,797 $56,151 ROW & EASEMENT STAKING - SA#3 360 $31,332 $0 $595 $31,927 ASBUILT - RECORD DRAWING SURVEY - SA#3 220 $18,889 $0 $63 $18,952 ORIG. TOTAL TITLE II 0 $0 $0 $0 $0 ADJ. TOTAL TITLE II 4,812 $745,773 $0 $20,686 $766,459 ORIG. TOTAL PROJECT 4,885 $533,336 $64,001 $20,849 $618,186 ADJ. TOTAL PROJECT 11,343 $1,494,810 $89,885 $44,255 $1,628,950 Attachment A-2 - Justification of Costs and Fees May 15, 2025 TOTAL PROJECT SUMMARY-SA#3 Subconsultant performed services Subconsultant performed services JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County Subconsultant performed services DESIGN CHANGES SINCE 90% - SA#3 TASK PD PM SE STFE CAD ASST TOTAL Final Design (90%/100%) - Design Changes (The following changes were requested between 90% and 100%) #1 - Design, Model and Detail U-turn at 3 locations 2 4 16 12 40 74 #2 - Design, Detail and Special Provisions - City Fiber Conduit and Pull Boxes 8 16 16 24 64 #3 - Garland Ave Street Lighting - Photometric Design, Light and Foundation Detail, Conduit Routing & SPs 2 16 24 40 40 122 #4 - Meadow Valley Trail Lighting - Photometric Design, Light and Foundation Detail, Conduit Routing & SPs 2 10 8 20 16 56 #5 - Design and Detail Lighting Electrical Systems (Controllers, Conductors, Circuits, Conduit Size) 2 12 20 60 40 134 #6 - Design, Detail and Special Provision - RRFB's for Multilane Ped Crossings at RBT 2 8 8 24 42 #7 - Design, Detail and Special Provision - Transit Stop Locations for Razorback Transit 2 8 20 16 46 #8 - Design, Detail and Special Provisions - Concrete Paving for RBT, Medians and at NW Corner Drake 2 10 16 20 48 #9 - Design and Detail modification to U of A Parking lot along W. Altheimer Dr. just west of project limits. 2 6 16 24 #10 - Elm St. was gravel, but then changed to paved street. Adjust plans to show intersection improvements 2 8 12 22 #11 - Expand Meadow Valley Trail Reconstruction by +200ft north of Ernie Jacks due to utility construction 8 8 16 #12 - Change 12 crosswalks to TR1 for Trail crossings 2 8 32 42 #13 - Change sidewalk to Trail at NE Corner Drake/Garland to match TR1 Trail Crossing 2 8 12 22 #14 - Plan Changes to Support ROW Acquisition at VIA Property (Drainage changes, and Easement Changes) 8 12 24 44 #15 - Plan Changes to Support ROW Acquisition at Garland Townhouses Property 6 8 20 34 #16 - Meetings, Coordination and document preparation for ROW discussions with UA 4 10 16 30 #17 - Update Quantities, Bid Schedule and OPCC due to design changes 1-17 above 8 16 20 32 76 #18 - Additional site visits to confirm changes in the field survey data 4 24 28 #19 - Regulation Changes - PROWAG / MUTCD Compliance Updates 2 12 12 26 #20 - U of A - Special Fencing (Develop Details, Special Provisions and Update Plans and Bid Docs) 12 24 24 60 TOTAL MH - DESIGN CHANGES SINCE 90% - SA#3 18 134 126 304 428 0 1,010 Category - Description Rate MH Amount PD - Project Director $75.00 18 $1,350 PM - Project Manager $65.00 134 $8,710 SE - Senior Civil Engineer $50.00 126 $6,300 STFE - Staff Civil Engineer $40.00 304 $12,160 CAD - CAD $30.00 428 $12,840 ASST - Project Assistant $25.00 0 $0 Subtotal $41,360 Overhead 221.95% $91,799 Subtotal $133,159 Fee $15,979 FCCM 0.00% $0 Subtotal Labor Costs $149,138 ITEM Quantity Unit Rate Amount Subtotal Expenses $0 TOTAL COSTS - DESIGN CHANGES SINCE 90% - SA#3 $149,138 Description 90% Plans were issued on July 9, 2021. The list of changes above, and those hours associated with each task are based time needed to adjust the construction documents. EXPENSES BASIS OF ESTIMATE LABOR COSTS Attachment A-2 - Justification of Costs and Fees May 15, 2025 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County MANHOURS A2-1 INCREASED PROJECT ADMINISTRATION DUE TO SCHEDULE DELAYS - SA#3 TASK PD PM SE STRE STFE CAD ASST TOTAL General Progress Reports and Invoicing 10 34 44 Project Meetings & Client Coordination 24 16 40 TOTAL MH - INCREASED PROJECT ADMINISTRATION DUE TO SCHEDULE DELAYS - SA#3 0 34 16 0 0 0 34 84 Category - Description Rate MH Amount PD - Project Director $75.00 0 $0 PM - Project Manager $65.00 34 $2,210 SE - Senior Civil Engineer $50.00 16 $800 STFE - Staff Civil Engineer $40.00 0 $0 CAD - CAD $30.00 0 $0 ASST - Project Assistant $25.00 34 $850 Subtotal $3,860 Overhead 221.95% $8,567 Subtotal $12,427 Fee $1,491 FCCM 0.00% $0 Subtotal Labor Costs $13,918 ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11) each $0.08 $0 Printing (11 x 17) each $0.35 $0 Plotting (22 x 34) each $1.35 $0 Mileage (2 trips at 850 miles, 2 trips at 400 miles ) mile $0.535 $0 Lodging each $91.00 $0 Meals (per day) each $51.00 $0 Subtotal Expenses $0 TOTAL COSTS - INCREASED PROJECT ADMINISTRATION DUE TO SCHEDULE DELAYS - SA#3 $13,918 Description Extended project timeline resulted in additional timeframe, invoicing, client meetings, and coordination for the project. LABOR COSTS EXPENSES BASIS OF ESTIMATE Attachment A-2 - Justification of Costs and Fees May 15, 2025 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County MANHOURS A2-1 CONSTRUCTION ADMIN. & OBSERVATION - SA#3 TASK PD PM SE FREP STFE CAD ASST TOTAL PROJECT MANAGEMENT AND ADMIN Project Reports & Invoicing (20 months)20 80 160 260 PRECONSTRUCTION IFC Contract Documents, NTP, Insurance, Bonding, etc.2 4 2 8 16 Pre-Construction Conference 4 4 8 8 8 32 Submittal Review 10 20 20 80 130 CONSTRUCTION OBSERVATION Daily Observation (avg. 20 hrs/wk x 80 wks)30 200 1,170 200 1,600 Observation Reports, Progress Reports and Scheduling (avg. 5 hrs/wk x 80 wks)300 100 400 Pay Applications and Verification of Quanitities (1 per month = 20)20 120 60 200 Bi-Weekly Progress Meetings (Agenda, Meeting, and Minutes) (78 meetings)20 20 100 78 218 RFI's, Work Orders and Field Change Directive 40 20 180 40 80 360 Material Testing (FREP on Site for all testing, 2hr / test, 60 tests)120 120 Water and Sewer Testing (FREP on Site for all testing)100 100 Signals Testing 16 16 CONSTRUCTION CLOSEOUT Final Inspection (Anticipate 3 inspections, prefinal, S.C. & F.C.)24 24 24 72 Punch List and Pictures 8 20 16 44 Final Reconcilliation Change Order 2 8 10 Record Drawings 10 20 10 40 80 TOTAL MH - CONSTRUCTION ADMIN. & OBSERVATION - SA#3 26 244 302 2,190 616 120 160 3,658 Category - Description Rate MH Amount PD - Project Director $80.00 26 $2,080 PM - Project Manager $70.00 244 $17,080 SE - Senior Civil Engineer $55.00 302 $16,610 FREP - Field Representative $45.00 2,190 $98,550 STFE - Staff Civil Engineer $40.00 616 $24,640 CAD - CAD $35.00 120 $4,200 ASST - Project Assistant $30.00 160 $4,800 Subtotal $167,960 Title II Multiplier (FY23)3.877 $651,198 Subtotal Labor Costs $651,198 ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11) (Project Manual is 660 sheets, 4 copies)2,640 each $0.08 $211 Printing (11 x 17) (Plan Set is 150 Sheets, 4 half size copies)600 each $0.35 $210 Plotting (22 x 34) (Plan Set is 150 Sheets, 4 full size copies)600 each $1.35 $810 Mileage (estimate 400 working days = 500 trips @20 mi. per trip )10,000 mile $0.700 $7,000 Subtotal Expenses $8,231 TOTAL COSTS - CONSTRUCTION ADMIN. & OBSERVATION - SA#3 $659,429 Description The basis of these Title II services is what is anticipated to be necessary to provide comprehensive construction observation and administration. This is based on a construction duration of 20 months and the scope of work described in the Issued for Bid project documents. Changes to the project scope, or changes in the duration of the construction contract from what are stated herein may warrant revisions to the Title II services. BASIS OF ESTIMATE EXPENSES Attachment A-2 - Justification of Costs and Fees April 10, 2025 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County MANHOURS LABOR COSTS 1 of 1 TITLE I SERVICES HOURS SALARY FEE EXPENSES TOTAL ENVIRONMENTAL CLEARANCE DOCUMENTATION-SA#1 87 $8,964 $1,076 $1,160 $11,200 ROADWAY 84 $10,512 $1,261 $0 $11,773 FIELD SURVEYS AND MAPPING 998 $66,208 $7,945 $1,445 $75,598 ROW DESIGN & PLANS 547 $36,855 $4,423 $0 $41,278 GEOTECHNICAL 169 $11,268 $1,352 $15,444 $28,064 ORIG. SUBCONSULTANT TOTAL TITLE I 1,798 $124,843 $14,981 $16,889 $156,713 SUBCONSULTANT TOTAL TITLE I - SA#1 87 $8,964 $1,076 $1,160 $11,200 ADJ. SUBCONSULTANT TOTAL TITLE I 1,885 $133,807 $16,057 $18,049 $167,913 TITLE II SERVICES HOURS SALARY FEE EXPENSES TOTAL CMT - CONSTRUCTION MATERIALS TESTING 574 $44,354 $0 $11,797 $56,151 ROW & EASEMENT STAKING 360 $31,332 $0 $595 $31,927 AS BUILT - RECORD DRAWING SURVEY 220 $18,889 $0 $63 $18,952 ORIG. SUBCONSULTANT TOTAL TITLE II 0 $0 $0 $0 $0 SUBCONSULTANT TOTAL TITLE II - SA#3 1,154 $94,575 $0 $12,455 $107,030 ADJ. SUBCONSULTANT TOTAL TITLE II 1,154 $94,575 $0 $12,455 $107,030 Attachment A-2 - Justification of Costs and Fees May 15, 2025 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County SUBCONSULTANT SUMMARY-SA#3 CMT - CONSTRUCTION MATERIALS TESTING - SA#3 McClelland Consulting Engineers, Inc. TASK GE PE CLR IV LT IV LT V LT VI LT VIII TOTAL Construction Materials Testing & Reports 61 162 124 347 Special Inspections & Reports 12 35 55 35 137 Project & Design Coordination 25 65 90 TOTAL MH - CMT 25 77 96 162 124 55 35 0 0 0 574 Category - Description Rate MH Amount GE - Geotechnical Engineer $55.40 25 $1,385 PE - Project Engineer $43.88 77 $3,379 CLR IV - Clerical IV $23.00 96 $2,208 LT IV - Lab Technician IV $19.00 162 $3,078 LT V - Lab Technician V $21.00 124 $2,604 LT VI - Lab Technician VI $23.00 55 $1,265 LT VIII - Lab Technician VIII $27.00 35 $945 0 $0 0 $0 0 $0 Subtotal $14,864 Title II Multiplier (FY23)2.984 $44,354 Subtotal Labor Costs $44,354 ITEM Quantity Unit Rate Amount Mileage 1,392 ea $0.70 $974 Densities 216 ea $18.00 $3,888 Standard Proctor Test (AASHTO T99)2 ea $250.00 $500 Modified Proctor Test (AASHTO T180)2 ea $300.00 $600 Class 7 Aggregate Gradation (AASHTO T11 & T27)2 ea $225.00 $450 Concrete Cylinder Specimens 200 ea $25.00 $5,000 Asphalt Cores for Laboratory Analysis 11 ea $35.00 $385 $0 $0 $0 Subtotal Expenses $11,797 TOTAL COSTS - GEOTECHNICAL $56,151 Estimated number of trips for each testing service is based on experience with projects in the area with similar scopes and sizes. Fees are directly related to the number of trips made for each service and time spent on site. If the project scope changes prior to start of construction, please allow for the review/revision of this document. EXPENSES BASIS OF ESTIMATE Attachment A-2 - Justification of Costs and Fees May 15, 2025 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County MANHOURS LABOR COSTS A2-1 ROW & EASEMENT STAKING - SA#3 McClelland Consulting Engineers, Inc. TASK PRE TM PLS PC CREW SUR TECH TOTAL Survey Field Crew Staking of Right-of-way lines Staking Grading Utility Easement Lines (GUE) Staking General Utility Easement Lines (GEN) Staking Drainage Easement Lines (DE) Staking Temporary Construction Easement (TCE) 120 120 240 PLS / Project Manager Office Computation / Project Management 60 60 Cad Technician Drafting / Point Extraction / Line Work Extraction 60 60 TOTAL MH - CMT 0 0 60 120 120 60 0 0 0 360 Category - Description Rate MH Amount PRE - Principal Engineer $55.00 0 $0 TM - Task Manager $52.00 0 $0 PLS - Registered Land Surveyor $45.00 60 $2,700 PC - Survey Party Chief $30.00 120 $3,600 CREW - Survey Field Crewman $24.00 120 $2,880 SUR TECH - Survey Technician $22.00 60 $1,320 Subtotal $10,500 Title II Multiplier (FY23)2.984 $31,332 Subtotal Labor Costs $31,332 ITEM Quantity Unit Rate Amount Mileage ( 15 days @ 9 miles per day)135 ea $0.70 $95 Layout supplies: Lathes, nails, whiskers, etc.1 ea $500.00 $500 Subtotal Expenses $595 TOTAL COSTS - ROW & EASEMENT STAKING $31,927 EXPENSES BASIS OF ESTIMATE Staking will be as requested by Consultant and Owner. Includes setting ROW and Easement Stakes twice based on request from City of Fayetteville, in anticipation that utility relocations will nock some stakes out and those will need to be reset. Attachment A-2 - Justification of Costs and Fees May 15, 2025 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County MANHOURS LABOR COSTS A2-1 ASBUILT - RECORD DRAWING SURVEY - SA#3 McClelland Consulting Engineers, Inc. TASK PRE TM PLS PC CREW SUR TECH TOTAL Field Survey to locate water and sewer Conduct as built survey of water and sewer features 80 80 160 PLS / Project Management Office Computation / Project Management 30 30 Cad Technician Data Processing / Drafting 30 30 TOTAL MH - CMT 0 0 30 80 80 30 0 0 0 0 220 Category - Description Rate MH Amount PRE - Principal Engineer $55.00 0 $0 TM - Task Manager $52.00 0 $0 PLS - Registered Land Surveyor $45.00 30 $1,350 PC - Survey Party Chief $30.00 80 $2,400 CREW - Survey Field Crewman $24.00 80 $1,920 SUR TECH - Survey Technician $22.00 30 $660 Subtotal $6,330 Title II Multiplier (FY23)2.984 $18,889 Subtotal Labor Costs $18,889 ITEM Quantity Unit Rate Amount Mileage (10 days @ 9 miles per day)90 ea $0.70 $63 Subtotal Expenses $63 TOTAL COSTS - ASBUILT - RECORD DRAWING SURVEY $18,952 EXPENSES BASIS OF ESTIMATE Attachment A-2 - Justification of Costs and Fees May 15, 2025 JOB NO. 040720, Poplar St. - Drake St. (Fayetteville) (S) Washington County MANHOURS LABOR COSTS A2-1 Supplemental Agreement No. 1 To Subconsultant Agreement Job No. 040720 Poplar St. – Drake St. (Fayetteville) (S) Washington County Date: ____________ WHEREAS, WHEREAS, McClelland Consulting Engineers, Inc. (“Subconsultant”) and Burns & McDonnell Engineering Company, Inc.(“Consultant”) entered into an Agreement for Professional Services on June 4, 2019 in connection with the Agreement for Engineering Services (“Prime Agreement”) between the City of Fayetteville (“Owner”) and Consultant dated June 4, 2019 for Job 040720; and, WHEREAS, the Owner and Consultant have modified the Prime Agreement with Supplemental Agreement #3; and, WHEREAS, the Consultant requested additional work of the Subconsultant in addition to that defined in their agreement: NOW THEREFORE, the following modifications will be made to the Subconsultant Agreement: MODIFICATIONS: 1) Section “2. Description of Project and Services to be Provided” shall be modified to include: 2.6 Construction Materials Testing The Subconsultant will perform construction materials testing of component materials and completed work items to determine if the materials and workmanship incorporated in the project are in substantial conformity with the plans, specifications and contract provisions. It is expected that services for construction materials testing may include but are not limited to proof roll and subgrade testing, laboratory soil sampling and testing (Gradation/Proctor), field density testing, reinforcing bar observations, cast-in-place concrete testing, and asphalt testing. The Subconsultant will provide the Testing Laboratory to perform materials testing of the construction materials incorporated in the work. The Testing Laboratory shall perform material tests in accordance with the ARDOT’s “Manual of Field Sampling and Testing Procedures” unless the Project Manual specifies differently. The Testing Laboratory shall be certified by the Center for Training of Transportation Professionals (CTTP). Results from tests performed and materials sampled will be provided to the Consultant, Owner and Contractor in a timely manner. 2.7 Construction Layout Services – If Requested If Requested by Consultant, the Subconsultant will provide construction layout services of Right-of-Way and Easement lines for the project. Services will include layout of points for the following lines: right-of-way, drainage easements, general utility easements, grading and utility easements, and temporary construction easements. Points will be staked at 200-foot intervals, except where line or curve segments are less than 200-feet long, in which case corners 09/02/2025 or changes in direction will also be staked. Points will be marked with 60d nails with pink whiskers attached and 36” tall wooden lathes including the description of the point. 2.8 As Built – Record Drawing Survey The Subconsultant will conduct as built survey services to identify and locate water and sewer features installed with the project that are visible at the surface. Survey data will be provided to the Consultant in Civil 3D format. Data will be used by the Consultant to create record drawings of water and sewer improvements for the project. 2) Section “3. Costs, Fees, Payments and Rate Schedules” shall be modified to include: 3.9 “Title II Services Ceiling Price.” The Title II Services Ceiling Price for this Agreement is $107,030. 4.0 “Contract Ceiling Price.” The Contract Ceiling Price for this Agreement is $263,743.00. The Contract Ceiling Price is the maximum aggregate amount of all payments that the Consultant may become obligated to make under this Agreement. In no event, unless modified in writing, shall total payments by the Consultant under this Agreement exceed the Contract Ceiling Price. The Subconsultant shall not be entitled to receive adjustment, reimbursement, or payment, nor shall the Consultant, its officers, agents, employees, or representatives, incur any liability for, any fee or cost, exceeding the contract Ceiling Price. 3) See Attachment A-2 for modifications to Justification of Costs and Fees. IN WITNESS WHEREOF, the parties execute this Supplemental Agreement No. 1, to be effective upon the date set out above. BURNS & MCDONNELL MCCLELLAND CONSULTING ENGINEERING COMPANY, INC. ENGINEERS, INC. BY:________________________ BY:_______________________ Steven Beam, P.E. Steven J. Head, P.E. Business Manager Principal | Department Head AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION RELATIVE TO Implementation of Highway 112 Improvements between Highway L6 and Interstate 49 in Fayetteville, Washington County (hereinafter called the "Projects"). WHEREAS, the City of Fayetteville (hereinafter called the "City") has expressed interest in partnering with the Arkansas Department of Transportation (hereinafter called the "Department") for the Projects; and WHEREAS, Resolution No. 27-17 from the City agrees to contribute $3,358,600 for the Projects and to accept ownership and responsibility of the portions of Highway ll2 between Highway 16 and Interstate 49 upon completion of the improvements; and WHEREAS, Arkansas State Highway Commission Minute Order 2017-012 has authorized the Director to enter into the necessary partnering agreements with the City for the Projects; and WHEREAS, it is understood that the City and the Department will adhere to the General Requirements for Recipients and Sub-Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Attachment A) and that, as part of these requirements, the Department may set goals for DBE participation in the Project, ranging from 0olo to 100%io, that are practical and related to the potential availability of DBEs in desired areas of expertise. IT IS HEREBY AGREED that the City and the Department will accept the additional responsibilities and assigned duties as described hereinafter. THE CITY WILL: 1. Be responsible for the following in relation to Job 040582, Razorback Rd.-Garland Ave. (Hwy. 112) (Fayetteville)(S) and overlays on Highwayll2 from Maple Street to North Street and from Leroy Pond Drive to the beginning of Job 040582: a. Be responsible for $3,358,600 in project costs as shown in Attachment B for Job 040582. b. Be responsible for any increases in construction, right of way, or utility costs resulting from changes in project scope proposed by the City. c. Be responsible for any desired revisions to the current design of Job 040582, along with associated engineering costs. d. Be responsible for any costs resulting from inclusion of desired revisions in project scope outside the Department's typical overlay design for the Highway 112 overlays. e. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Attachment C for items to be included in the bid proposal.) f. Understand that expenditures for work performed by the City's forces (including preliminary and construction engineering, environmental documentation, and right of way acquisition services) are not eligible for reimbursement with federal funds. g. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. h. Submit final plans for Department review. i. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting authority to advertise the Projects for construction bids. j. Advertise for bids in accordance with federal procedures as shown in Attachment E. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. k. Forward a copy of all addenda issued for the Project during the advertisement to the Department. l. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment F), including all items noted, to the Department. m. Prior to issuing the notice to proceed to the Contractor, hold a pre-construction meeting with the Contractor and invite the Department's Resident Engineer assigned to the Project. n. Make payments to the contractor for work accomplished in accordance with the plans and specifications. Then request reimbursement from the Department for costs exceeding $2,359,118 on the Construction Certification and Reimbursement Request (CCRR) form (Attachment G). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. o. Provide construction engineering and inspection services, including associated costs, for the Project. p. Attach LPA Report of Daily Work Performed (Attachment H) for all days that correspond with each CCRR submittal. q. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. r. Be responsible for any increased costs resulting from desired revisions in project scope, whether during the design phase or during construction as a change order. s. Upon completion of the Project, hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Attachment I). This form must be signed by the engineer performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the City's full- time employee in responsible charge, and the City's Mayor. t. Upon completion of these improvements to Highway ll2, accept ownership and responsibility of the portion of Highway ll2, Section 0 between Highway 16 (W. 15th Street) and Highway lI2 Spur (Wedington Drive). 1 2. Be responsible for the following in relation to projects scheduled to widen Highway 112 between Poplar Street and Interstate 49: a. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency Consultant Selection Procedures (Attachment K) to provide engineering services which include environmental documentation, preliminary engineering, and construction engineering for the Project. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. b. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Attachment C for items to be included in the bid proposal.) c. Understand that expenditures for work performed by the City's forces (including preliminary and construction engineering, environmental documentation, and right of way acquisition services) are not eligible for reimbursement with federal funds. d. Make periodic payments to the consultant for preliminary engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. e. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. f. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. g. Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in compliance with federal regulations. NOTE: Failure to noti$ the Department prior to initiating these phases of work may result in all project expenditures being declared non-participating in federal funds. h. Acquire property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"), and request reimbursement from the Department i. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. j. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the City's clear and unencumbered title to any right- of-way to be used for the Project (See Attachment L). NOTE: Any property that is to become Department right-of-way must be acquired in the Highway Commissionts name. k. Submit plans at I}yo,30yo,60%o, and 90% completion stages for Department review. l. Submit a certification letter (Attachment D), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. m. Advertise for bids in accordance with federal procedures as shown in Attachment E. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. -3- n. Forward a copy of all addenda issued for the Project during the advertisement to the Department. o. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment F), including all items noted, to the Department. p. Prior to issuing the notice to proceed to the Contractor, hold a pre-construction meeting with the Contractor and invite the Department's Resident Engineer assigned to the Project. q. Make periodic payments to the consultant for construction engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. r. Make payments to the contractor for work accomplished in accordance with the plans and specifications and approved by the Department. Then request reimbursement from the Department on the Construction Certihcation and Reimbursement Request (CCRR) form (Attachment G). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. s. Attach LPA Report of Daily Work Performed (Attachment H) for all days that correspond with each CCRR submittal. t. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. u. Be responsible for any increased costs resulting from desired revisions in project scope that exceed typical highway design criteria, whether during the design phase or during construction as a change order. v. Upon completion of the Project, hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Attachment I). This form must be signed by the engineer performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the City's full- time employee in responsible charge, and the City's Mayor. w. Upon completion of these improvements to Highway ll2, accept ownership and responsibility of the portion of Highway 112, Section 1 between Highway 112 Spur (Wedington Drive) and the northbound ramps of Interstate 49. 3. Notify the Department in writing who the City designates as its full-time employee to be in responsible charge of the day to day oversight of the Projects (Attachment M). The duties and functions of this person are to: o Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal-aid projects; o Maintain familiarity of day to day project operations, including project safety issues; . Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; o During construction, visit and review the project on a daily basis; o Review financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; -4- o Direct project staff, City or consultant, to carry out project administration and contract oversight, including proper documentation; o Be aware of the qualifications, assignments and on-the-job performance of the City and consultant staff at all stages of the project. 4. Maintain accounting records to adequately support reimbursement with Federal-aid funds and be responsible for the inspection, measurement and documentation of pay items, and certification of all work in accordance with the plans and specifications for the Projects and for monitoring the Contractor and subcontractor(s) for compliance with the provisions of FHWA-1273, Required Contract Provisions, Federal-aid Construction Contracts, and Supplements. 5. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of said work or used in the course of said work including but not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929, ActNo. 82 of 1935, and Acts amendatory thereof. 6. Assure that its policies and practices with regard to its employees, dfly part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally-Assisted Programs of the Department of Transportation. 7. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Attachment N). 8. Grant the right of access to the City's records pertinent to the Projects and the right to audit by the Department and Federal Highway Administration ofhcials. 9. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 10. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment O), which is necessary for Project participation. I l. Repay to the Department the federal share of the cost of any portion of the Projects if, for any reason, federal participation is removed due to actions or inactions of the City, its agents, its employees, or its assigns or the City's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non-participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The City understands and agrees that the Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax allotment should the City fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Projects. 12. Be responsible for all costs not provided by the Federal Highway Administration or the Department. 13. Repay to the Department the federal share of the cost of this project if for any reason the Federal Highway Administration removes federal participation. -5- 14. Retain total, direct control over the Projects throughout the life of all project improvements outside of the Department's right-of-way and not, without prior approval from the Department: o sell, transfer, or otherwise abandon any portion of the Projects; o change the intended use of the Projects; o make significant alterations to any improvements constructed with Federal-aid funds; or o cease maintenance or operation of a project due to the Project's obsolescence. 15. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necsssary to ensure this. Failure to adequately maintain and operate the Projects in accordance with Federal-aid requirements may result in the City's repayment of federal funds and may result in withholding all future Federal-aid. 16. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of Federal-aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 17. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment P). 18. Agree to promptly refund to the Department in full any and all revenue paid by the Department based upon claims adjudicated by the Arkansas Claims Commission or other legal forum sustained on account of the operations or actions of the City, including any act of omission, neglect or misconduct of the City. This obligation survives the termination or expiration of this Agreement. THE DEPARTMENT WILL: l. Be responsible for the following in relation to Job 040582, Razorback Rd.-Garland Ave. (HwV. 112) (Fayetteville)(S) and overlays on Highwayll2 from Maple Street to North Street and from Leroy Pond Drive to the beginning of Job 040582: a. Be responsible for all funding beyond the City's share of Job 040582, except for any increases in cost resulting from changes in project scope proposed by the City. b. Provide the funding necessary to overlay the segments of Highway Il2. Costs will be limited to those associated with the Department's typical overlay design. c. Maintain an administrative file for the project and be responsible for administering Federal-aid funds. d. Provide environmental clearance for Highway 112 overlays. e. Review final plans and specifications submitted by the City. f. Ensure substantial compliance with federal contracting requirements through review of the bidding proposal for inclusion of required federal forms, review of the administration of the DBE program provisions, and general compliance with 23 CFR 635. g. Advise the City when to proceed with advertisement of the Project for construction bids. h. Review and concur in award of the construction contract for the Project. -6- i. Ensure that the City and the City's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the City's representatives and their consultant to verify that the work being performed by the City's contractor, and documented and certified by the City, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, when the construction work is approximately l\Yo and 50% completed. The Department will also participate in the final inspection of the Project. j. Review and approve any necessary change orders for project/program eligibility. k. Be responsible for increases in project costs due to change orders for normal bid item adjustments. l. Reimburse the City 100% for eligible construction costs approved in the CCRR form (Attachment I). This reimbursement will be limited to the funding available at the time payment is requested. If the payment requested exceeds the funding available at the time, the difference will be reimbursed as additional funds for the Project become available. m. Subject to the availability of funding allocated for the Project, pay the City the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Attachment K). n. Upon completion of these improvements to Highway 112, remove the portion of Highway 112, Section 0 between Highway 16 (W. l5th Street) and Highway 112 Spur (Wedington Drive) from the State Highway System and transfer ownership and responsibility to the City. 2. Be responsible for the following in relation to projects scheduled to widen Highway 112 between Poplar Street and Interstate 49: a. Provide the City the amount of funding necessary for all phases of work to develop and construct the typical design section for an urban state highway, as shown on Attachment J, for this portion of Highway 112. b. Evaluate the proposed typical design section versus the typical design section for an urban state highway, as shown on Attachment J, and determine how any changes will affect the estimated cost. City-requested changes to the typical design section that are determined to be budget-neutral will not require additional funding from the City. c. Maintain an administrative file for the project and be responsible for administering Federal-aid funds. d. Coordinate with the City to procure required professional services such as design consultants, construction engineering and inspection consultants, and right of way consultants. e. Review environmental documentation as prepared by the City f. Review plans and specifications submitted by the City. g. Reimburse the City 100% for eligible professional services, procured using Department-approved procedures, upon review and approval of reimbursement requests. -7 - h. Notify the City when right-of-way and/or utility plans are approved and the City may proceed with right-of-way acquisition andlor utility adjustments. i. Ensure substantial compliance with federal contracting requirements through review of the bidding proposal for inclusion of required federal forms, review of the administration of the DBE program provisions, and general compliance with 23 CFR 635. j. Advise the City when to proceed with advertisement of the Project for construction bids. k. Review and concur in award of the construction contract for the Project. L Ensure that the City and the City's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the City's representatives and their consultant to verify that the work being performed by the City's contractor, and documented and certified by the City, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, when the construction work is approximately llYo and 50olo completed. The Department will also participate in the final inspection of the Project. m. Review and approve any necessary change orders for project/program eligibility. n. Be responsible for increases in project costs due to change orders for normal bid item adjustments. o. Reimburse the City 100% for eligible construction costs approved in the CCRR form (Attachment G). This reimbursement will be limited to the funding available at the time payment is requested. If the payment requested exceeds the funding available at the time, the difference will be reimbursed as additional funds for the Project become available. p. Subject to the availability of funding allocated for the Project, pay the City the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Attachment I). q. Upon completion of these improvements to Highway 112, remove the portion of Highwayll2, Section 1 between Highwayll2 Spur (Wedington Drive) and Interstate 49 from the State Highway System and transfer ownership and responsibility to the City. -8- IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned duties as related in this Agreement, such failure may disqualify the City from receiving future Federal-aid highway funds, IT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds due for project implementation or fail to complete the Project as specified in this Agreement, or fail to adequately maintain or operate the Project, the Department may cause such funds as may bc required to be withheld from the City's Motor Fuel Tax allotment. IN WHEREOF, the parties thereto have executed this Agreement ttris I Qh day of 2017 ARKANSAS DEPARTMENT OF TRANSPORTATION FAYETTEVILLE Scott E. Bennett, P.E ordan Director Y^{' Kit City Attorney ARKANSAS DEPARTIVIENT OF TRANSPORTATION NOTICE OF NONDISCRIIlTINATION '[he Arkansas Departmerlt of'Iransportation (Department) complies with all civil rights provisions offederal statutes arrd related authorities that prohibit discrimination in proglarns and activities receiving lbderal iinancial assistancc. Therefbre, the Departmcnt does nol discriminate on thc basis of racc, scx, color, agc, natirrnal origin, religion (not applicable as a protected group under lhe Federal Motor Canier Safety Administration Title Vl Program), disability, Limited English Pro{iciency (LEP), or low-income slatus in the admission, access to and treatmcnt in thc Dcpartment's programs and activitics, as wcll as the Department's hiring or enployment practices. Complaints of alleged discrimination and inquiries regarding tho Deparlment's nondiscrimination polioies may be directed to Joanna P. McFodden Section Head - EEO/DBE(ADA/504/TitleVlCoordinator),P.O.Box226l,t.ittleRock,AR 72203,(501)569-2298,(Voice/TTYTll),orrhefollowing email address: josruj$.$Slli$ldurti&nlulgr)y Free larrguage assistance for Limited English Proficient individuals is available upon request. This notice is available liom the ADA/504ffitle VI Coordinator in large print, on audiotape and in Braillc. -9- Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Transportation Committee Memo 2025-1888 Meeting of September 30, 2025 To: Transportation Committee Thru: From: Paul Libertini, Staff Engineer Subject: North Street (Garland Ave to College Ave) – Agreement of Understanding with the Arkansas Department of Transportation Recommendation: A Resolution to approve the Agreement of Understanding (AOU) with the Arkansas Department of Transportation (ARDOT) for North Street from Garland Avenue to College Avenue, and approve a Budget Adjustment in the amount of $375,000 to recognize federal-aid funding of $300,000 and the required 20% local match of $75,000. The AOU requires signatures from the Mayor and the City Attorney. Background: In 2012, the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA) designated the Fayetteville-Springdale-Rogers, AR-MO urbanized area as a Transportation Management Area (TMA). This TMA designation provides Surface Transportation Block Grant Program – Attributable (STBGP-A) funds to the Northwest Arkansas Regional Planning Commission (NWARPC) based on the 2010 Census Urbanized Area population of 295,083. The Urban Area continues to grow significantly to a recorded 373,687 population in the 2020 Census. In becoming a TMA, the Northwest Arkansas Regional Planning Commission, of which Fayetteville is a member, will have STBGP-A discretionary funding available at approximately $12,000,000 per year. Under current legislation, these STBGP-A funds can be utilized for all permitted transportation projects at the discretion of the TMA Policy Committee. Resolution 60-25 authorized the Mayor to submit applications to the NWARPC for federal funding of which North Street was one of the projects identified in this resolution. The City submitted an application for a $500,000 grant of FFY 2026 STBGP-A funds. On June 17, 2025, the NWARPC awarded the City $300,000 STBGP-A funds to be used in the Design/Environmental/ROW phases of this project. The City must provide a 20% local match of $75,000 for a total of $375,000. This funding will get the project started, but the City will be applying for additional federal funding annually. Discussion: The City has received a letter from Keli Wylie, Assistant Chief Engineer for ARDOT requesting that the Mayor and the City Attorney sign the Agreement of Understanding (AOU) for the North Street Improvement project which we be partially funded with federal funds. The AOU needs to be signed along with several other documents that are included as attachments. Budget/Staff Impact: This project is based on an Agreement of Understanding with ARDOT in which Federal-aid money will pay 80% of the project amount and the City will pay the 20% match. Initially, the City will have to make payments to the Consultant and then submit the required paperwork to ARDOT requesting the 80% reimbursement. The City’s 20% matching funds of $75,000 for the professional services will be paid from Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov the Streets Projects Bonds fund. The Federal-aid portion of $300,000 will be paid from the Bond Program Grant Matching fund. Account # Project # Amount 4601.860.7229-5860.02 46020.7229 $300,000 4702.860.7229-5860.02 46020.7229 $75,000 TOTAL $375,000 Attachments: SRF North Street - NWARPC Grant, BA North Street - NWARPC Grant, Letter from ARDOT to Mayor Rawn dated August 19, 2025, North Street Agreement of Understanding (AOU), Letter Designating Employee in Responsible Charge, Certification for Grants, Loans, and Cooperative Agreements, Federal Funding Accountability and Transparency Act (FFATA), Resolution 60-25 Authorization to Apply for Federal Funding 9/15/2025 Submitted Date No 3,593,062.38$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 17,492,634.00$ 13,899,571.62$ Yes Yes 375,000.00$ 3,968,062.38$ 46020.7229 Project Number Budget Impact: Streets Bond Projects - North Street (Razorback Greenway to College Ave) Fund Bond Program Grant Matching Street Projects Bonds 4601.860.7229-5860.02 4702.860.7229-5860.02 Account Number Project Title City of Fayetteville Staff Review Form 2025-1762 Item ID 10/7/2025 City Council Meeting Date - Agenda Item Only A Resolution to approve the Agreement of Understanding with the Arkansas Department of Transportation (ARDOT) for North Street from Garland Avenue to College Avenue, and approve a Budget Adjustment in the amount of $375,000 to recognize federal-aid funding of $300,000 and the required 20% local match of $75,000. N/A for Non-Agenda Item Action Recommendation: Submitted By Paul Libertini ENGINEERING (621) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #60-25 Approval Date: Original Contract Number: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Requestor: 10/7/2025 2025-1762 D - (City Council) / TOTAL 300,000 300,000 Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4601.860.7229-4309.00 - 300,000 46020 7229 RE Federal Grants - Capital 4601.860.7229-5860.02 300,000 - 46020 7229 EX Capital Prof Svcs - Engineering/Architectural 4702.860.7229-5860.02 75,000 - 46020 7229 EX Capital Prof Svcs - Engineering/Architectural 4702.860.7999-5899.00 (75,000) - 46020 7999 EX Unallocated - Budget - - - - - - - - - - - - - - - - - - - - - - - - - - GLDATE: Budget Division Date Holly Black 9/15/2025 12:57 PM TYPE: JOURNAL #: Adjustment Number 2025 Paul Libertini ENGINEERING (621)Division /Org2 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: v.2025826 RESOLUTION/ORDINANCE Increase / (Decrease)Project.Sub# Recognize $300,000 in FFY 2026 STBGP-A grant funds awarded by the Northwest Arkansas Regional Planning Commission (NWARPC) and 20% local matching funds of $75,000 for the North Street (Garland to College) project. COUNCIL DATE: CHKD/POSTED: ITEM ID#: G:\Divs\Engineering\Engineering Design Services\Projects\BOND PROGRAM 2019\North Street Ph III - Job 041003\City Council & Mayor Items\Agreement of Understanding\2025-1762 BA NWARPC Grant North St.xlsx 1 of 1 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 Job 041003, College Ave. – Garland Ave. (North St.) (Fayetteville) (S) (hereinafter called the “Project”) as a Federal-aid Surface Transportation Block Grant Program – Attributable (STBGP-A>200K) project. WHEREAS, funding in the Infrastructure Investment and Jobs Act (IIJA) includes the following Federal-aid funds for certain local projects: Maximum Federal % Minimum 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. 60-25 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 STBGP-A>200K funds; and WHEREAS, funding participation will be subject to a limit of $300,000 maximum Federal-aid STBGP-A>200K funds for the design, environmental, and right of way phases of the Project and obligation limitation approved; and WHEREAS, the Sponsor knows of no legal impediments to the completion of the Project; and Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -2- 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 WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual (available at www.ardot.gov/LPA) which outlines procedures and requirements which must be followed during development and construction of the Project; and 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; and • 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. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -3- • Make periodic payments to the consultant for preconstruction phases of the Project and request reimbursement from the Department. • Request reimbursement from the Department for eligible expenditures related to preconstruction phases of the Project. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 4. If desired, request that the Department contract with one of its on-call consultants on behalf of the Sponsor (Form LPA-031). • Execute a task order with the Department and the selected on-call consultant for implementation of selected phases of the Project. • Make periodic payments to the on-call consultant for work accomplished in accordance with the task order. • Request reimbursement from the Department for eligible on-call consultant related costs incurred for the project. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 5. 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.) 6. 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. 7. Understand that expenditures for preliminary or construction engineering performed by the Sponsor’s forces are not eligible for reimbursement with federal funds. 8. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 9. Ensure that the plans and specifications are developed using the Department’s standard drawings and Standard Specifications for Highway Construction (latest edition). 10. 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. 11. 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. 12. 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”). 13. Ensure the preparation of utility adjustment and right of way plans are in accordance with Arkansas State Highway Commission Policy. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -4- 14. Be responsible for all non-reimbursable costs associated with the Sponsor owned utilities as defined in the Department’s Utility Accommodation Policy. 15. 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. 16. 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. 17. Submit plans at 30%, 60%, and 90% completion stages for Department review. 18. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 19. 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. 20. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 21. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Form LPA-013), including all items noted, to the Department. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -5- 27. Attach LPA Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -6- 34. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR Part 21), Nondiscrimination in Federally-Assisted Programs of the Department of Transportation, (Form LPA-029). 35. 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). 36. 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. 37. 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. 38. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. 39. 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. 40. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department’s right of way and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the Project; • change the intended use of the Project; • make significant alterations to any improvements constructed with Federal-aid funds; or • cease maintenance or operation of a project due to the Project's obsolescence. 41. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the Project in accordance with Federal-aid requirements may result in the Sponsor’s repayment of federal funds and may result in withholding all future Federal-aid. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -7- 42. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the Sponsor expends more than $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. 43. 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. 44. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Form LPA-019). 45. 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 $300,000 in Federal-aid STBGP-A>200K funds for the design, environmental, and right of way phases 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. 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. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -8- 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 , 20____. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -9- Agreement of Understanding between: The City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of Job 041003, College Ave. – Garland Ave. (North St.) (Fayetteville) (S). Signatories THE CITY OF FAYETTEVILLE __________________________________________ _______________________ Molly Rawn Date Mayor __________________________________________ _______________________ Kit Williams Date City Attorney Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -10- Agreement of Understanding between: The City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of Job 041003, College Ave. – Garland Ave. (North St.) (Fayetteville) (S). Signatory NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION __________________________________________ _______________________ Tim Conklin Date Executive Director 08/22/2025 Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -11- Agreement of Understanding between: The City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of Job 041003, College Ave. – Garland Ave. (North St.) (Fayetteville) (S). Signatory ARKANSAS DEPARTMENT OF TRANSPORTATION __________________________________________ _______________________ Jared D. Wiley, P.E. Date Director 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 Ro ck, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: joanna.mcfadden@ardot.gov. 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. GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB-RECIPIENTS CONCERNING DISADVANTAGED BUSINESS ENTERPRISES It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. If as a condition of assistance the recipient has submitted and the Department has approved a disadvantaged business enterprise affirmative action program, which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which sanctions may include termination of the Agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each sub-recipient, contractor or subcontractor that failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and 26.107 shall substitute a breach of contract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub-recipient", and the term "contractor" modified to include "subcontractor".) Form LPA-001 Rev. 8/27/19 Form LPA-002 1 LOCAL AGENCY CONSULTANT SELECTION PROCEDURES Section I – Application (These procedures do not apply to Design-Build Contracts.) These procedures apply to federally and state funded contracts for engineering and design related services for projects and are issued to ensure that a qualified consultant is obtained through an equitable qualifications-based selection procurement process and that the prescribed work is properly accomplished in a timely manner at a fair and reasonable cost. Engineering and design related services are defined in 23 Code of Federal Regulations (CFR) Part 172 to include program management, construction management, preliminary engineering, design engineering, surveying mapping, or architectural related services with respect to a highway construction project. These services also include professional services of an architectural or engineering nature, as defined by State law, which are required to or may logically or justifiably be performed or approved by a person licensed, registered, or certified to provide the services with respect to a highway construction project. Contracts for these services that are paid with Federal-aid highway program (FAHP) funding will be awarded following these selection procedures. The federal laws and regulations that govern the procurement of engineering and design related services with FAHP funds are: • 23 United States Code (U.S.C.) 106 “Project approval and oversight” • 23 U.S.C. 112 “Letting of contracts” • 23 U.S.C. 114(a) “Construction Work In General” • 23 U.S.C. 302 “State transportation department” • 23 U.S.C. 315 “Rules, regulations, and recommendations” • 23 U.S.C. 402 “Highway safety programs” • 40 U.S.C. Chapter 11 – Selection of Architects and Engineers, §§1101 et seq., commonly called the “Brooks Act” • 2 CFR Part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” • 23 CFR Part 172 “Procurement, Management, and Administration of Engineering and Design Related Services” • 48 CFR Part 31 “Contract Cost Principles and Procedures” • 49 CFR Part 1.48(b) “The Federal Highway Administrator is delegated authority to administer the following provisions of title 23, Highways, U.S.C.” In accordance with the above federal laws and regulations, the Arkansas Department of Transportation (Department) has approved these procedures for use by Rev. 8/27/19 Form LPA-002 2 the Local Agency for the “competitive negotiation” (qualifications-based selection) method of procurement as defined in 23 CFR §172.7, Procurement Methods and Procedures that complies with the Brooks Act (40 U.S.C. §§1101, et seq.). The Local Agency will use these procedures for Federal-aid contracts and may elect to use them for non-Federal-aid contracts. Section II – Advertisement for Letters of Interest The Local Agency may employ a consultant engineering firm when a need exists for engineering services, and it is in the Local Agency’s best interest to employ an engineer or engineering firm. As a minimum, the Local Agency will advertise in a statewide newspaper, the Department’s website and the Local Agency’s website (if available), advising that consultant engineering services are being sought. In addition, the Local Agency may advertise in appropriate national trade magazines or websites for specialized services. Interested firms must furnish: 1. A cover letter with the firm’s response including primary contact information. 2. The firm’s completed Architect-Engineer Qualifications Standard Form (SF) 330 Parts I and II (48 CFR §53.236-2(b)). (SF 330 is available on the Department’s website.) http://arkansashighways.com/consultant_services/advertisements/advertisem ents.aspx 3. A current copy of the firm’s equal employment opportunity policy required per Arkansas Code Annotated (Ark. Code Ann.) §19-11-104. 4. The firm’s current copy (within 12 months) of the Department and Finance and Administration (DFA) Illegal Immigrant Contractor Disclosure Form (Ark. Code Ann. §19-11-105). https://www.ark.org/dfa/immigrant/index.php/user/welcome Advertisements may be for either a specific single project; a group of projects; or for an on-call or indefinite delivery/indefinite quantity (IDIQ) for an established contract period (not to exceed 5 years), to be determined at a later date with specific task orders issued for each project. (23 CFR §172.9(a)) When advertising a specific project, the advertisement will describe the work in general terms allowing firms to evaluate their interest in performing the desired services. When advertising a group of projects, a general description of work will be furnished. Firms will be asked to specify the projects they are interested in performing. When the Local Agency decides to proceed with a certain project, those firms having expressed interest in that project will be considered for selection. Rev. 8/27/19 Form LPA-002 3 When advertising for an on-call / IDIQ projects with later specified task orders, the advertisement will include a general description of work for the project task and the number of consultants anticipated to be selected. If a solicitation fails to yield three qualified respondents, then the Local Agency may proceed with evaluation and selection if the Local Agency and the Department determines that the solicitation did not contain conditions or requirements that arbitrarily limited competition. Alternatively, the Local Agency may pursue procurement following the noncompetitive method when competition is determined to be inadequate and it is determined to not be feasible or practical to re-compete under a new solicitation. (23 CFR §172.7(a)(1)(iv)(D)) Solicitations will include language to comply with state procurement laws, rules, and regulations including but not limited to Ethical Standards (Ark. Code Ann. §19-11- 708), Employee and Relative Disclosure, and Equal Opportunity Policy. Interested firms are advised that in order to comply with state and federal requirements that the Local Agency will verify suspension and debarment actions and eligibility status of consultants in accordance with 2 CFR Part 1200 and 2 CFR Part 180. Ark. Code Ann. §§19-11-701 through 19-11-714 addresses ethics and conflicts of interest. Federal regulations about conflicts of interest are described in 2 CFR §200.112, 23 CFR §1.33, and provisions of 23 CFR §172.7(4). No Local Agency employee may participate in selection, award or administration of a contract in which the Local Agency employee or any member of his or her immediate family has a financial, prospective financial, or other interest. Additionally, in accordance with Ark. Code Ann. §19-11-704(b) it is a breach of ethical standards for any person, including potential consultants, or parties to subagreements to engage in any conduct or behavior with other consultants, contractors, cities, counties, state agencies, or metropolitan/local planning organizations that may influence any public employee to breach the standards of ethical conduct provided by state and federal laws. Section III – Selection Committee The Local Agency will designate a Selection Committee (Committee) to evaluate and analyze the letters of interest (LOI) and proposals. Rev. 8/27/19 Form LPA-002 4 Section IV – Evaluation of Letters of Interest The Committee will evaluate each consultant firm based on the criteria provided in the detailed LOIs in general as follows: No. Evaluation Factors for LOIs Maximum Points Possible 1 Professional staff including the education, experience, number of personnel available, and any partnerships with sub-consultants 10 2 General and professional reputation, including responsiveness to civil rights and equal employment opportunity requirements and opportunities 10 3 *Past work performance 10 4 Experience with projects of a similar nature as those advertised 10 Total Points for LOI 40 *Past performance or evaluations from other clients will be considered when the firm has not worked for the Local Agency previously. Following their review, the Committee will prepare a short list (minimum of three) of the top ranked engineering firms and recommend that these firms submit detailed proposals for further evaluation. Section V – Request for Proposal The Local Agency will prepare a scope of work statement and request proposals from the engineering firms on the short list. For projects with FHWA oversight, which are identified by FHWA as Projects of Division Interest (PoDI) projects, the Local Agency will forward the scope of work statement to the Department and FHWA for review and approval before soliciting request for proposals (RFPs). A Local Agency’s scope of work will typically include the following: 1. A detailed purpose and description of the work, 2. Services that will be furnished by the Local Agency, 3. Services that will be furnished by the consultant, 4. Deliverables to be provided, 5. Project conditions of the work, 6. Schedule for performance of the work, 7. Special conditions of the work including applicable standards, specifications, and policies, and 8. Assurance of participation of certified Disadvantaged Business Enterprises (DBE) in Federal-aid projects as Department goals for the Project are established. Rev. 8/27/19 Form LPA-002 5 The short-listed firms should submit proposals that contain the following: 1. A cover letter with primary contact information, 2. A detailed work plan that identifies the major tasks of work, 3. A list of major concerns associated with completing the work, 4. A detailed work schedule for specific projects as requested, 5. A manpower estimate for specific projects as requested, and 6. Updated Standard Form 330 Parts I and II, if necessary. The Committee will review the proposals with particular attention to the five (5) listed evaluation factors for the proposals and will also consider the results determined in Section IV. The evaluation factors and their relative importance will be listed in the RFP if any of the factors are different from the list below. No. Evaluation Factors for Proposals Maximum Points Possible 1 Obvious indication that the scope of work is clearly understood 20 2 Comprehensive, coherent, and detailed work plan 20 3 Realistic work schedule when applicable 10 4 Proposed working office location, need for a local office, and any local representative* 5 5 Identification of sub-consultants and responsiveness to DBE goals and opportunities 5 6 Total Points for LOI 40 Total Points for Proposals 100 *Locality preference shall not be based on political or jurisdictional boundaries and may be applied on a project-by-project basis for contracts where a need has been established for a consultant to provide a local presence, a local presence will add value to the quality and efficiency of the project, and application of this criteria leaves an appropriate number of qualified consultants, given the nature and size of the project. (Consultants indicating that it will satisfy this factor in some manner, such as establishing a local project office, shall be considered to have satisfied this factor.) Based on these evaluation factors, the Committee will rank the consultants based on the total score and submit the list to the Local Agency who will either: 1. Select one (1) firm to enter negotiations with; or 2. Select a. Multiple firms for an IDIQ contract; or b. Three or more firms to interview (a firm may present additional information concerning their proposal at the interview). After the interviews, the Committee will re-evaluate the firms based on the interview and the same evaluation factors as noted previously. The ranking list will be submitted to the Local Agency for review and final selection. The Local Agency’s contract file will contain records of the rankings and supporting data; however, the rankings will not be public information. Copies of the LOI advertisement, the rankings, and supporting data shall be submitted to the Department. Rev. 8/27/19 Form LPA-002 6 Notification must be provided to all responding consultants of the final selection of the most qualified consultant including the ranking of the top three consultants on projects where only one consultant is selected. Section VI – Negotiation and Contract Preparation Once a firm is selected for negotiation for a specific job or a group of projects, it will prepare a draft contract including a cost estimate for the project(s). The other firms on the short list will be advised of the firm selected, subject to successful negotiations. Prior to receipt or review of the draft contract and cost estimate, the Local Agency shall prepare a detailed independent estimate with an appropriate breakdown of the work or labor hours, types or classifications of labor required, other direct cost and consultant’s fixed fee for the defined scope of work. The independent estimate shall serve as the basis for negotiation to ensure a fair and reasonable cost is obtained. More than one firm may be selected for an on-call or IDIQ contract. The contract will establish a maximum ceiling price for work issued under the contract as well as an expiration date not to exceed 5 years, per 23 CFR Part 172. Individual task order cost estimates will be negotiated when issued. The selected firm will prepare a draft contract based on a sample contract furnished by the Department. In accordance with the principles of 23 CFR 172, the draft contract must include an overhead rate that is approved by the Department. If the contract exceeds $250,000, in accordance with the Department’s Indirect Cost Rate Audit Requirements, the indirect cost rate shall be verified through an audit performed by a certified public accountant on behalf of the consultant. If the contract is less than $250,000, and at least one of these conditions applies: 1. When there is insufficient knowledge of the consultant’s accounting system 2. When there is previous unfavorable experience regarding the reliability of the consultant’s accounting system 3. When the contract involves procurement of new equipment or supplies for which cost experience is lacking then the Consultant shall provide the indirect cost rate verified through an audit performed by a certified public accountant on behalf of the consultant. The certified audit shall be provided by the selected firm prior to the submission of the final draft contract. Pursuant to this requirement, the Department will notify the Local Agency if an audit by a certified public accountant for the selected firm is necessary. The certified audit needs to be provided by the selected firm prior to the submission of the final draft contract. The Local Agency will review the draft contract proposal and either approve it as submitted or enter into negotiations with the selected firm to establish a contract and contract ceiling price that the Local Agency deems is fair and reasonable. If a satisfactory contract cannot be negotiated with the selected firm, negotiations will be Rev. 8/27/19 Form LPA-002 7 formally terminated. The Local Agency will then enter into negotiations with the second ranked firm. If negotiations with that firm fail, the Local Agency will formally terminate those negotiations and begin to negotiate with the third ranked firm, and so on. If the Local Agency cannot negotiate a satisfactory contract with any of the firms on the short list, the Local Agency shall either: 1. Request proposals from additional firms who have submitted LOIs and are considered competent and qualified; evaluate and rank the firms based on the criteria described in Section V; and continue the negotiation process, or 2. Terminate all negotiations and begin the selection process again, or 3. Pursue procurement following the noncompetitive method when competition is determined to be inadequate and it is determined to not be feasible or practical to re-compete under a new solicitation. (23 CFR §172.7(a)(1)(iv)(D)) When the Local Agency and the consultant agree the negotiated contract is fair and reasonable, the consultant will prepare a final draft and submit it to the Local Agency and the Department for review. After review and a determination that it is acceptable, the consultant will sign the contract. The Local Agency will then execute the contract. The contract will subsequently be submitted to the Department for final review and approval including funding. When approved, copies of the signed contract will be distributed within the Local Agency and to the consultant. For projects with FHWA oversight and for on-call or IDIQ contracts where the consultant performs a management role utilizing federal funds, the Department will forward the initial and final drafts of the contract to FHWA for review and comment. The FHWA approves the final executed contract by stamp and signature and retains a copy. After the Local Agency executes an on-call or IDIQ contract, it will assign specific projects by task order for the duration of the contract period. The consultant will prepare each task order based on the scope of work furnished by the Local Agency. The task order will include a manpower estimate and cost. The Local Agency will review the task order and approve it as submitted or negotiate with the consultant to establish a task order and task order amount that the Local Agency deems is fair and reasonable. After review and a determination that the task order is acceptable, the consultant will sign the task order. The Local Agency will then execute the task order. The task order will subsequently be submitted to the Department for final review and approval including funding. When approved, copies of the signed task order will be distributed within the Local Agency and to the consultant. For PoDI projects, the Department will forward the initial and final drafts of the task order to FHWA for review, comment, and approval. Upon FHWA approval, the final task order is executed. Rev. 8/27/19 Form LPA-002 8 Section VII – Monitoring the Contract The Local Agency may designate staff members as key liaisons for specific projects or for technical matters during the administration of the contract period. The Local Agency will: 1. Maintain the contract files, 2. Arrange and attend periodic progress meetings, 3. Coordinate reviews and approval actions with other agencies when necessary, 4. Review progress payments, 5. Coordinate questions from the consultant, 6. Negotiate any change or amendment to the contract and submit to the Department for review and approval, and 7. Prepare an evaluation of the consultant’s performance after completion of the contract. A copy of the evaluation shall be submitted to the Department. Section VIII – Consultant Liability The Local Agency will include a contract requirement that the consultant will warrant that all services and work products provided as part of the contract are performed in accordance to the prevailing industry standards, including standards of conduct and care, format and content, meet the satisfaction of the Local Agency, and conform to the requirements of the Agreement. This warrant is effective regardless of the degree of inspection and acceptance by the Local Agency or others. If the consultant is required to correct or re-perform any work or services, the work will be performed at no cost to the Local Agency, and any work or services corrected or re-performed by the consultant shall also be warranted that it is free from defects in workmanship in accordance with industry standards. If the consultant fails or refuses to correct or re-perform, the Local Agency may, by contract or otherwise, correct or replace the deficient items or services with similar work or services, and charge the cost to the consultant or make an equitable adjustment in the consultant’s reimbursement. Acceptance is an act of an authorized representative of the Local Agency by which the Local Agency approves specific services, as partial or complete performance of the contract. Correction is the elimination of a defect. Form LPA-003 REQUIRED CONTENTS OF BIDDING PROPOSALS FEDERAL-AID PROJECTS 1) FHWA-1273 Each set of contract documents shall include FHWA-1273, “Required Contract Provisions, Federal-aid Construction Contracts,” and such supplements that may modify the FHWA-1273. Copies of FHWA-1273 and supplements will be provided by the Department. 2) Anti-Collusion and Debarment Certification The certification shall either be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the State to administer oaths or in the form of an unsworn declaration executed under penalty of perjury of the law of the United States. The required form for the Anti-Collusion and Debarment Certification will be provided by the Department. The certification includes: • Anti-collusion - A statement executed by, or on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or in-directly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. • Debarment - A statement regarding debarment, suspension, ineligibility and voluntary exclusion as required by Title 2 of the United States Code of Federal Regulations, Part 180 (2 CFR Part 180). Failure to submit the executed Certification as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration. 3) Lobbying Certification This certification is required by 49 CFR 20. The form for this certification will be provided by the Department. 4) Davis-Bacon Pre-determined Minimum Wage Rates Davis-Bacon requirements apply to all projects greater than $2,000 that are physically located within the existing right-of-way of a functionally classified city street or highway. The Davis-Bacon wage rates will be provided by the Department. 5) “Build America, Buy America” Provisions Because federal highway funds are included in this project, “Build America, Buy America” requirements, as specified in Title 23 of the United States Code Section 313 and Title 23 of the Code of Federal Regulations Section 635.410, apply to this project. A section of the bidding documents should specify these requirements as part of the project and it should at least be noted in the advertisement for bids. Form LPA-005 Please Print on Sponsor Letterhead (Designating Full-Time Employee in Responsible Charge) DATE Mr. David Siskowski Division Head – Local Programs Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Mr. Siskowski: The full-time employee in responsible charge of the day to day oversight for the referenced project will be (INSERT NAME OF EMPLOYEE & TITLE). This letter certifies that the employee is aware of the duties and functions they are in charge of as outlined in the Agreement of Understanding. This employee may be reached by phone at (INSERT PHONE NUMBER) or by email at (INSERT EMAIL ADDRESS). Sincerely, NAME & OFFICE (Sponsor’s CEO) SPONSOR LETTERHEAD JOB NUMBER JOB NAME COUNTY Title to the right of way necessary for the construction of this project has been acquired, or will be acquired, in accordance with applicable Federal Highway Administration procedures. ↓ indicate total number in each category here. Delete any categories not used in this job. ___ Tract(s) ___ Options(s) ___ Paid ___ Donation(s) ___ Negotiation Pending* - include tract number(s) and statement: ”It is anticipated that this/these tract(s) will be acquired by (date).” ___ Condemnation(s) – (include Order of Possession date or date the Court Order was filed) ___ Condemnation(s) Pending* - include tract number(s) and anticipated filing date * If applicable ↓delete the statement in each pair that does not apply There are no displacees on this project. -Or- Relocation Assistance has been provided in accordance with applicable Federal Highway Administration procedures and all displacees have moved from this project. There was/were # displaced (residence(s)/business(es)/personal property/etc) on the project. There are no structures located within the right of way area. -Or- All structures have been removed from this project, except for those to be included as demolition items in the highway contract. No conflicting utilities are known to exist in the right of way area. -Or- Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status Report. There are no railroads involved on this project -OR- Tract(s) #___ shown above include(s) #____ (Permanent/Temporary Construction Easements) for _________ Railroad. No right of way in excess of that needed for construction or future maintenance of this project was acquired. Certified by:_________________________ Date:_______________ (Type name) (Type title) Form LPA-006 SPONSOR LETTERHEAD JOB NUMBER JOB NAME COUNTY Title to the right of way necessary for the construction of this project was in public ownership prior to project development. No additional right of way was acquired. There are no displacees on this project. There are no structures located within the right of way area. There are no railroads involved on this project. No known conflicting utilities exist within the right of way area. Certified by:_________________________ Date:_______________ (Type name) (Type title) Form LPA-007 Form LPA-008 PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING AUTHORITY TO ADVERTISE DATE Ms. Jessie Jones, P.E. Chief Engineer – Preconstruction Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Ms. Jones: The following documents are submitted concerning the referenced project: 1. One set of plans and specifications. 2. A copy of the preliminary estimate of cost. 3. An unexecuted copy of the bid proposal form. I certify that the plans, specifications and estimate were prepared by or under the direct supervision of a Professional Engineer licensed to practice in the State of Arkansas and 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. I understand that if any project items are declared non-participating in federal funds due to failure to comply with any State or federal requirements, the (Sponsor Name) will promptly repay such funds to the Arkansas Department of Transportation (ARDOT). Further, I hereby authorize the Director of the Arkansas State Department of Finance and Administration to transfer such funds from the (Sponsor Name)’s Motor Fuel Tax allotment to the ARDOT’s RRA Fund upon notification by the ARDOT Director of that such funds are due ARDOT and have not been paid by the (Sponsor Name). Approval to proceed with advertisement of the project for bids is requested. Sincerely, NAME & OFFICE (Sponsor’s CEO) Enclosures Form LPA-010 GUIDELINES FOR ADVERTISING AND OPENING BIDS FEDERAL-AID PROJECTS Upon receipt of written authorization from the Arkansas Department of Transportation (Department), the project may be advertised for bids. The following minimum guidelines for advertising must be met: • The minimum advertising period is three weeks (21 days). • In addition to meeting the State requirements for advertising for construction projects, the project must be advertised a minimum of two times in a statewide newspaper (online or print versions are acceptable). • The notice must contain: (1) the time, date, and place that sealed bids are to be accepted, opened, and publicly read; (2) a brief description of the kind or type of work contemplated; and (3) the place at which prospective bidders may obtain plans and specifications. • The Sponsor will forward a copy of the approved advertisement to the Department once advertisement starts. Any addenda will also be sent to the Department during the advertisement period. • The Sponsor will include the following language in the solicitation for bids: “The (INSERT SPONSOR NAME) hereby notifies all bidders that this contract is subject to applicable labor laws, non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply.” “Build America, Buy America provisions apply to this project.” • All bids received in accordance with the terms of the advertisement shall be publicly opened and at a minimum, the total amount bid must be read aloud (the sponsor may choose to read the bids item by item). • If any bid received is not read aloud, the name of the bidder and the reason for not reading the bid aloud shall be publicly announced at the letting. • In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and licensing contractors must be approved by the Federal Highway Administration. • Negotiation with contractors during the period following the opening of bids and before the award of the contract is strictly prohibited. Form LPA-013 PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT DATE Ms. Jessie Jones, P.E. Chief Engineer – Preconstruction Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Ms. Jones: The following documents are submitted concerning the referenced project: 1. One set of bid tabulations. 2. Justification of award (if low bid amount is greater than 10% over the estimate). 3. A check for $1,000 for ARDOT construction involvement. I certify that the referenced project was advertised and bids were received in accordance with the regulations governing Federal-aid projects and all other applicable state and federal regulations, and that this process has been reviewed and approved by the (Sponsor Name)’s Attorney. Additionally, I certify that the bid is being awarded to the lowest responsive and qualified bidder and that there has not been, nor will there be, any negotiations with the contractor or other bidders regarding the amount bid. Your concurrence in the award of this contract to (INSERT CONTRACTOR NAME) for (INSERT LOW BID AMOUNT) is requested. Sincerely, ___________________ Sponsor’s CEO ____________________ Sponsor’s Attorney Enclosures Revised: 12/11/20 CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST PAGE 1 OF 2 PAGES Job No.:Payee/Sponsor:DATE: FAP:address County:PAY REQUEST # Job Name.: Federal Tax ID No.:FROM:TO: SPONSOR'S REQUEST FOR PAYMENT Designated Full Time Employee In Responsible Charge The information provided in this document is true and correct and I recommend that payment be made to the Contractor for this work. $0.00 $0.00 By:Date: $0.00 Title: $0.00 1 Maximum Approved Federal-aid Amount 2 Original Contract Amount 3 Net Changes by Change Orders 4 Present Contract Total 5 Present Federal-aid Amount (80% of Line 4 or Amount on Line 1, whichever is less) 6 Work Completed to Date 7 Federal Match (80% of Line 6 or amount on Line 5, whichever is less) 8 Previous Reimbursements (Federal) 9 Amount Due this Estimate $0.00 Sponsor's CEO (subtract Line 8 from Line 7) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Payment is requested from the Arkansas Department of Transportation for the Amount Due. I certify that the Total changes previously approved Contractor and/or subcontractor(s) are complying with the provisions of FHWA-1273, Required Contract Provisions, Federal-aid Construction Contracts, and Supplements; that the work has been completed by the Total approved this Request Period Contractor in accordance with the plans and specifications; and that the Contractor has been paid for this work. TOTALS By:Date: NET CHANGES by Change Order (Line 3 above)Title: DEPARTMENT USE ONLY PAID Voucher No. Resident Engineer Date: Form LPA-014 Recommended for Payment in Accordance with Project Agreement State Construction Engineer Approved for Payment $0.00 $0.00 $0.00 CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 12/11/20 DETAIL ESTIMATE PAGE 2 OF 2 PAGES JOB NUMBER: FAP:REQUEST NO:0 DATE: JOB NAME: FROM:1/0/1900 TO: SPONSOR:CONTRACTOR: A B CDE F G HI WORK COMPLETED MATERIALS TOTAL % BALANCE ITEM DESCRIPTION OF WORK SCHEDULED PREVIOUS PRESENTLY COMPLETED & COMPLETED TO FINISH NO. VALUE REQUESTS THIS PERIOD STOCKPILED STOCKPILED (G ÷ C) (C - G) (NOT IN D or E) TO DATE (D+E+F) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GRAND TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Form LPA-014 COPY OF SPONSOR'S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! 1/0/1900 1/0/1900 0 0 0 0 0 Sponsor LPA Report of Daily Work Performed Job Name: ____________________________________ Job No.: ______________ FAP No.: ______________________ Contractor: ___________________________ Date: ____________ Hours Worked: ______ – ______ Report No.: ______ Project Conditions Site Conditions Weather Number of Contractor’s Personnel ____ Useable ____ Sunny ____ Laborers ____ Partly Useable ____ Partly Cloudy ____ Carpenters ____ Not Useable ____ Rain ____ Concrete Laborers Min Temp. (F) ____ Rainfall Amt. (in.) _____ ____ Equip. Operators Max Temp. (F) ____ Comments ____ Electricians ____ Plumbers ____ Foreman ____ Other ___________ ____ Other ___________ Location and Description of Work Performed Special Instructions and/or Conversations Signed: _____________________________ Designated Full-time Employee Form LPA-015 Form LPA-016 SPONSOR LPA Final Acceptance Report Job Name: Date: Job No: FAP No: County: Route: Contractor: Date Work Began: Date Work Completed: Attendees: Remarks: ☐ Provide Digital Photos of Completed Project (minimum of 5) Project Completed in Substantial Compliance with Plans and Specifications and Recommended for Final Acceptance by Sponsor _________________________________ Engineer Recommended for Acceptance in Accordance with Project Agreement _________________________________ ARDOT Resident Engineer Project Recommended for Acceptance Designated Full-time Employee: _______________________________ I certify that the Contractor and/or subcontractor(s) have complied with the provisions of FHWA-1273, Required Contract Provisions, Federal-aid Construction Contracts, and Supplements; that the project has been completed by the Contractor in accordance with the plans and specifications; that the Contractor has been paid for this work, and the project is hereby accepted. _______________________________ SPONSOR’s CEO Form LPA-017 Page 1 of 2 1/28/2021 2 CFR Part 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D - Post Federal Award Requirements Record Retention and Access §200.334 Retention requirements for records. Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non- Federal entities. The only exceptions are the following: (a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (b) When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass- through entity to extend the retention period. (c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (d) When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the non-Federal entity. (e) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. (f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass-through entity) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission. (2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass-through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. §200.335 Requests for transfer of records. The Federal awarding agency must request transfer of certain records to its custody from the non- Federal entity when it determines that the records possess long-term retention value. However, in order to avoid duplicate recordkeeping, the Federal awarding agency may make arrangements for the non-Federal entity to retain any records that are continuously needed for joint use. §200.336 Methods for collection, transmission, and storage of information. The Federal awarding agency and the non-Federal entity should, whenever practicable, collect, transmit, and store Federal award-related information in open and machine-readable formats rather than in closed formats or on paper in accordance with applicable legislative requirements. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding agency or pass-through entity must always provide or accept paper versions of Federal award-related information to and from the non- Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass- through entity must not require more than an original and two copies. When original records are 1/28/2021 Form LPA-017 Page 2 of 2 2 CFR Part 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D - Post Federal Award Requirements Record Retention and Access electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. §200.337 Access to records. Records of non-Federal entities. The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the pass-through entity, or any of their authorized representatives, must have the right of access to any documents, papers, or other records of the non- Federal entity which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the non-Federal entity's personnel for the purpose of interview and discussion related to such documents. (a) Extraordinary and rare circumstances. Only under extraordinary and rare circumstances would such access include review of the true name of victims of a crime. Routine monitoring cannot be considered extraordinary and rare circumstances that would necessitate access to this information. When access to the true name of victims of a crime is necessary, appropriate steps to protect this sensitive information must be taken by both the non-Federal entity and the Federal awarding agency. Any such access, other than under a court order or subpoena pursuant to a bona fide confidential investigation, must be approved by the head of the Federal awarding agency or delegate. (b) Expiration of right of access. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. Federal awarding agencies and pass- through entities must not impose any other access requirements upon non-Federal entities. §200.338 Restrictions on public access to records. No Federal awarding agency may place restrictions on the non-Federal entity that limit public access to the records of the non-Federal entity pertinent to a Federal award, except for protected personally identifiable information (PII) or when the Federal awarding agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the Federal awarding agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to those records that remain under a non- Federal entity's control except as required under §200.315. Unless required by Federal, state, local, and tribal statute, non-Federal entities are not required to permit public access to their records. The non-Federal entity's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions. CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his 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 Federal 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 sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients 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, U.S. 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. Sponsor Signature Name (Sponsor's CEO) Form LPA-018 Form LPA-019 Page 1 of 2 Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to https://www.fsrs.gov/) FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. A Prime Grant Recipient (Arkansas Department of Transportation (hereinafter called ARDOT)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is subject to FFATA sub-award reporting requirements as outlined in the Office of Management and Budget guidance issued August 27, 2010. ARDOT is required to file a FFATA sub-award report for any sub-grant awarded to a sub-awardee greater than or equal to $25,000. As a sub-awardee, _______________________________________________ shall provide the following information to ARDOT in order to fulfill FFATA reporting requirements:  A Unique Entity Identifier (UEI) of the sub-awardee receiving the award and the parent entity of the recipient, should the sub-awardee be owned by another entity;  The names and total compensation of the five most highly compensated officers of the sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to information about the compensation of the senior executives of the sub-awardee through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). Form LPA-019 Page 2 of 2 Required Sub-Awardee Information (A) Sub-Awardee UEI: _________________________ UEI Expiration Date: _____________ Parent (if applicable) UEI: ____________________ UEI Expiration Date: _____________ (B) In the preceding completed Federal fiscal year, did your business or organization (the legal entity to which the UEI number entered above belongs) receive (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Yes No If "Yes" is selected, answer (C). (C) Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which the UEI entered above belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes No If "Yes” is selected, visit http://www.sec.gov/edgar.shtml for reference. If "No" is selected, answer (D). (D) If “No” was selected in Question “C”, complete the following information for the five (5) most highly compensated executives in your business or organization (the legal entity to which the UEI entered above belongs). Amount should reflect the Total Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars. Sub-Awardee Names and Compensation of Most Highly Compensated Officers 1. Name: ________________________________ Amount: $________________ 2. Name: ________________________________ Amount: $________________ 3. Name: ________________________________ Amount: $________________ 4. Name: ________________________________ Amount: $________________ 5. Name: ________________________________ Amount: $________________ LPA Project Quarterly Report Form Date: Progress Report: Job No.: Job Name: F.A.P.: Funding Program: Year: Quarter: Sponsor: Submitted By: Sponsor Phone: Sponsor Email: CURRENT PROJECT STATUS Construction Plans: ☐30%☐60%☐90%☐Final Environmental Clearance: ☐ARDOT to Handle ☐Preliminary ☐Partially Complete All Permits Received ☐ Date: Final Clearance ☐ Date: Right of Way Acquisition: ☐No Acquisition Needed ☐ROW Plans in Progress ROW Plans Approved ☐ Date: ☐ Acquisition Documents Approved Date: ☐Acquisition Underway Acquisition Complete ☐ Date: Right of Way Certification Submitted ☐ Conditional ☐ Final Date: __________ Utility Relocation: ☐Utility Relocation Not Necessary Relocation Plans Prepared ☐ Date: ☐Relocation Underway Relocation Complete ☐ Date: Authority to Advertise: Request Submitted ☐ Date: ARDOT Approval Received ☐ Date: Bid Opening Date: Concurrence in Award: Request Submitted ☐ Date: ARDOT Approval Received ☐ Date: Contract Executed Date: Construction: Progress (%) Estimated Completion Date: Project Completed Date: ARDOT Contact: Rev. 10-2-2023 ☐ ☐ Form LPA-020 CHANGE ORDER FORM Form LPA-022 ARDOT JOB NO.:F.A.P. No.:CHANGE ORDER NO.: JOB NAME:DATE PREPARED: OWNER:PREPARED BY: CONTRACTOR: DESCRIPTION OF CHANGE(S): JUSTIFICATION / REASON FOR CHANGE(S): AMOUNT QUANTITY -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTALS:-$ -$ -$ -$ -$ -$ -$ SUMMARY ITEM NO.ITEM UNIT UNIT PRICE PRESENT REVISED QUANTITY AMOUNT -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Prepared by ARDOT Page 1 of 2 Revised: 8/10/2023 CHANGE ORDER FORM Form LPA-022 CHANGES TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS THE CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE (INCREASED) / (DECREASED) BY THE NEW CONTRACT PRICE, INCLUDING THIS CHANGE ORDER, WILL BE CHANGES TO CONTRACT TIME: THE CURRENT CONTRACT TIME DAYS THE CONTRACT TIME WILL BE (INCREASED) / (DECREASED) BY DAYS THE CONTRACT PERIOD, INCLUDING THIS CHANGE ORDER, SHALL BE DAYS APPROVALS: CONTRACTOR: [INSERT CONTRACTOR NAME HERE] Signature Date Signature Date OWNER: [INSERT OWNER NAME HERE]ARDOT RESIDENT ENGINEER CONCURS Signature Date Signature Date ARDOT LOCAL PROGRAMS APPROVES Signature Date -$ ENGINEER: [INSERT ENGINEER NAME HERE] -$ Prepared by ARDOT Page 2 of 2 Revised: 8/10/2023 Form LPA-029 Title VI Requirements and Responsibilities Title VI of the Civil Rights Act of 1964, prohibits discrimination based upon race, color, and national origin. Specifically, 42 USC 2000d states that “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” ARDOT is a recipient of federal funds from the U.S. Department of Transportation modal agencies, including the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA). All recipients/subrecipients of federal funding must comply with the requirements of Title VI of the Civil Rights Act of 1964 and other nondiscrimination statues, regulation, and authorities. Therefore, the sponsor (subrecipient) must also comply with the requirements of Title VI and its responsibilities. Upon receipt of ARDOT reimbursement, the subrecipient will be required to establish Title VI compliance. ARDOT’s Title VI Coordinator or designee will contact the subrecipient to request the following information: • Name of designated Title VI/ADA/Section 504 Coordinator • Notice of Nondiscrimination • Complaint Procedure and Process • Complaint Form • Standard USDOT Title VI/Non-Discrimination Assurances o Must be signed annually by highest ranking official The Title VI Coordinator or designee will assist the subrecipient in establishing the information as needed. For further information or inquiries, please contact the Civil Rights Division at 501-569-2299. Form LPA-031 Please Print on Sponsor Letterhead (Request for ARDOT On-call Consultant) DATE Mr. David Siskowski Division Head – Local Programs Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Mr. Siskowski: We are interested in the Department contracting with an on-call consultant on our behalf. This letter certifies our understanding that, as the Sponsor, we remain responsible for the duties and functions outlined in the Agreement of Understanding, including full project management of the referenced project. Should an on-call consultant be assigned, their services would be limited to the [INDICATE PHASE(S) (i.e. Planning, Design, Environmental, Right of Way, Utility Relocation, and/or Construction Engineering)] phase(s). We also acknowledge that the Department retains full discretion in selecting the on-call consultant. We understand that this decision may be based on factors including but not limited to current availability, workload, qualifications, and geographic location of the project. Sincerely, NAME & OFFICE (Sponsor’s CEO) September 16, 2025 Mr. David Siskowski Division Head – Local Programs Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job 041003 College Ave. – Garland Ave. (North St.) (Fayetteville)(S) Washington County Dear Mr. Siskowski: The full-time employee in responsible charge of the day to day oversight for the referenced project will be Paul Libertini, P.E., Staff Engineer. This letter certifies that the employee is aware of the duties and functions they are in charge of as outlined in the Agreement of Understanding. This employee may be reached by phone at (479) 444-3419 or by email at plibertini@fayetteville-ar.gov Sincerely, Molly Rawn Mayor CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his 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 Federal 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 sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients 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, U.S. 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. Sponsor Signature Name (Sponsor's CEO) Form LPA-018 City of Fayetteville Molly Rawn, Mayor Form LPA-019 Page 1 of 2 Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to https://www.fsrs.gov/) FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. A Prime Grant Recipient (Arkansas Department of Transportation (hereinafter called ARDOT)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is subject to FFATA sub-award reporting requirements as outlined in the Office of Management and Budget guidance issued August 27, 2010. ARDOT is required to file a FFATA sub-award report for any sub-grant awarded to a sub-awardee greater than or equal to $25,000. As a sub-awardee, _______________________________________________ shall provide the following information to ARDOT in order to fulfill FFATA reporting requirements:  A Unique Entity Identifier (UEI) of the sub-awardee receiving the award and the parent entity of the recipient, should the sub-awardee be owned by another entity;  The names and total compensation of the five most highly compensated officers of the sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to information about the compensation of the senior executives of the sub-awardee through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). Form LPA-019 Page 2 of 2 Required Sub-Awardee Information (A) Sub-Awardee UEI: _________________________ UEI Expiration Date: _____________ Parent (if applicable) UEI: ____________________ UEI Expiration Date: _____________ (B) In the preceding completed Federal fiscal year, did your business or organization (the legal entity to which the UEI number entered above belongs) receive (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Yes No If "Yes" is selected, answer (C). (C) Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which the UEI entered above belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes No If "Yes” is selected, visit http://www.sec.gov/edgar.shtml for reference. If "No" is selected, answer (D). (D) If “No” was selected in Question “C”, complete the following information for the five (5) most highly compensated executives in your business or organization (the legal entity to which the UEI entered above belongs). Amount should reflect the Total Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars. Sub-Awardee Names and Compensation of Most Highly Compensated Officers 1. Name: ________________________________ Amount: $________________ 2. Name: ________________________________ Amount: $________________ 3. Name: ________________________________ Amount: $________________ 4. Name: ________________________________ Amount: $________________ 5. Name: ________________________________ Amount: $________________ 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Resolution: 60-25 File Number: 2025-171 2025 TRANSPORTATION FEDERAL AID (GRANT APPLICATION): A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID FUNDS FOR THE RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, TRANSIT STOP ENHANCEMENTS, MISSION BOULEVARD TRAIL, RAZORBACK GREENWAY ASPHALT REPLACEMENT, GARLAND AVENUE, AND NORTH STREET CORRIDOR PROJECTS WHEREAS, the passage of the Bipartisan Infrastructure Bill is providing more opportunities for Federal funding assistance; and WHEREAS, grant programs administered regionally through the Northwest Arkansas Regional Planning Commission include the Carbon Reduction Program (CRP), the Surface Transportation Bock Grant -Attributable Program (STBGP- A), and the Transportation Alternatives Program (TAP) that will provide over $13 million in funding for the Northwest Arkansas Region; and WHEREAS, the funding for selected projects will be at an 80/20 Federal and Local participating ratio, up to the maximum Federal -aid available; and WHEREAS, seven projects have been identified for application for federal funding: Grant Program Existing/New Project Description Amount Project RP Existing Rupple Road Lighting — Persimmon to MLK 500,000 AP Existing Drake Street Trail Connections 300,000 AP New Transit Stop Enhancements 150,000 AP New Mission Blvd Trail Phase 3 600,000 TP New Razorback Greenway Asphalt Replacement 250,000 STBGP-A New Garland Ave. (Hwy 112) 2,000,000 STBGP-A New North Street Corridor Garland to College) 500,000 WHEREAS, on January 28, 2025, the Transportation Committee reviewed the grant project proposals and voted unanimously to forward the request to apply to the full City Council for approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Resolution: 60-25 File Number: 2025-171 Section 1: That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Rawn to submit applications for 80% federal 20% local matching grants through the Federal Highway Administration, the Arkansas Department of Transportation and the Northwest Arkansas Regional Planning Commission for the above identified projects. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to participate in accordance with its designated responsibilities in these projects, including providing the local match requirement. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to execute all appropriate agreements and contracts necessary to expedite the construction of these projects. Section 4: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the Arkansas Department of Transportation and Northwest Arkansas Regional Planning Commission to initiate action to implement these projects. PASSED and APPROVED on February 18, 2025 Approved: Molly Rawn, Mayor Attest: Kara Paxton, City Clerk Treasurer Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2025 TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director Keith Macedo, Interim Chief of Staff FROM: Matt Casey, Engineering Design Manager SUBJECT: 2025 Federal Aid Transportation Grant Application RECOMMENDATION: CITY COUNCIL MEMO 2025-171 Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit applications for 80% federal 20% local matching grants through the Federal Highway Administration, the Arkansas Department of Transportation and the Northwest Arkansas Regional Planning Commission. Grant projects include the Rupple Road Lighting, Drake Street Trail Connection, Transit Stop Enhancements, Mission Blvd. Trail (Phase 3), Razorback Greenway Asphalt Replacement, Garland Ave. (Hwy 112), and North Street Corridor (Garland Ave. to College Ave.) BACKGROUND: The passage of the Bipartisan Infrastructure Bill is providing more opportunities for Federal funding assistance. Grant programs administered regionally through the Northwest Arkansas Regional Planning Commission include the Carbon Reduction Program (CRP), the Surface Transportation Block Grant -Attributable (STBGP-A) Program, and the Transportation Alternatives Program (TAP). In total, these programs will provide over $13 million in funding for the Northwest Arkansas Region. Additionally, the State Department of Transportation offers a statewide grant opportunity through their Transportation Alternatives Program. DISCUSSION: Seven projects have been identified for application for federal funding as shown below. rant Program TBGP-A TBGP-A Existing/New Project Existing Existing New New New New New Project Description Amount Requested Rupple Road Lighting — Persimmon to MILK (Hwy 62)$500,000 Drake Street Trail Connections 300,000 Transit Stop Enhancements 150,000 Mission Blvd Trail Phase 3 600,000 Razorback Greenway Asphalt Replacement 250,000 Garland Ave. (Hwy 112) 2,000,000 North Street Corridor (Garland to College) 500,000 BUDGET/STAFF IMPACT: If the grants are approved, the City of Fayetteville will be responsible for 20% of the total project cost while Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Federal funding will provide 80%. Matching funding has been budgeted through various accounts in anticipation of award of grant funding. On January 28th, 2025, the Transportation Committee reviewed the grant project proposals and voted unanimously to forward the request to apply to the full City Council for approval to apply. The grant programs require a resolution be included with the application. ATTACHMENTS: SRF (#3) , Public Notice of NWARPC (#4), Drake St. Residential and Business Density 8.5 x 11 (#5), Mission Blvd Trail Map - Phases (#6), North Street Corridor (#7), Rupple Trail Lighting Location Map 1-29-25 (#8), Garland Ave - Hwy 112 (#9) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, ArkansasY 113 West Mountain Street Fayetteville, AR 72701 479)575-8323 Legislation Text File #: 2025-171 2025 Federal Aid Transportation Grant Application A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR AND UTILIZE FEDERAL -AID FUNDS FOR THE RUPPLE ROAD LIGHTING, DRAKE STREET TRAIL CONNECTION, TRANSIT STOP ENHANCEMENTS, MISSION BOULEVARD TRAIL, RAZORBACK GREENWAY ASPHALT REPLACEMENT, GARLAND AVENUE, AND NORTH STREET CORRIDOR PROJECTS WHEREAS, the passage of the Bipartisan Infrastructure Bill is providing more opportunities for Federal funding assistance; and WHEREAS, grant programs administered regionally through the Northwest Arkansas Regional Planning Commission include the Carbon Reduction Program (CRP), the Surface Transportation Bock Grant -Attributable Program (STBGP-A), and the Transportation Alternatives Program (TAP) that will provide over $13 million in funding for the Northwest Arkansas Region; and WHEREAS, the funding for selected projects will be at an 80/20 Federal and Local participating ratio, up to the maximum Federal -aid available; and WHEREAS, seven projects have been identified for application for federal funding: Grant Program Existing/New Project Description Amount Project CRP Existing Rupple Road Lighting — Persimmon to MLK 500,000 AP Existing Drake Street Trail Connections 300,000 AP New Transit Stop Enhancements 150,000 AP New Mission Blvd Trail Phase 3 600,000 TP New Razorback Greenway Asphalt Replacement 250,000 STBGP-A New Garland Ave. (Hwy 112) 2,000,000 STBGP-A New North Street Corridor Garland to College) 500,000 WHEREAS, on January 28, 2025, the Transportation Committee reviewed the grant project proposals and voted unanimously to forward the request to apply to the full City Council for approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Resolution: 60-25 File Number: 2025-171 Section 1: That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Rawn to submit applications for 80% federal 20% local matching grants through the Federal Highway Administration, the Arkansas Department of Transportation and the Northwest Arkansas Regional Planning Commission for the above identified projects. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to participate in accordance with its designated responsibilities in these projects, including providing the local match requirement. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to execute all appropriate agreements and contracts necessary to expedite the construction of these projects. Section 4: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the Arkansas Department of Transportation and Northwest Arkansas Regional Planning Commission to initiate action to implement these projects. Page 2 Matt Casey Submitted By City of Fayetteville Staff Review Form 2025-171 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/30/2025 Submitted Date Action Recommendation: ENGINEERING (621) Division / Department Staff recommends approval of a resolution expressing the willingness to apply for federal -aid funds and allow staff to submit applications for 80% federal 20% local matching grants through the Federal Highway Administration, the Arkansas Department of Transportation and the Northwest Arkansas Regional Planning Commission. Grant projects include the Rupple Road Lighting, Drake Street Trail Connection, Transit Stop Enhancements, Mission Blvd. Trail (Phase 3), Razorback Greenway Asphalt Replacement, Garland Ave. (Hwy 112), and North Street Corridor Garland Ave. to College Ave.) Budget Impact: Various Various Account Number Fund Various Various Project Number Project Title Budgeted Item? Yes Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: NWA Regional Planning Commission PUBLIC NOTICE OF NWARPC FFY 2026 CALL FOR PROJECTS FOR STBGP-A, TAP, & CRP FUNDING The Northwest Arkansas Regional Planning Commission (NWARPC), serving as the NWA Metropolitan Planning Organization (MPO), announces the availability of approximately $11.7 million in NWARPC Surface Transportation Block Grant Program — Attributable (STBGP-A) funding, $1.3 million in NWARPC Transportation Alternatives Program (TAP) funding and $1.4 million in NWARPC Carbon Reduction Program (CRP) funding for Federal Fiscal Year (FFY) 2026. Availability of FFY 2026 funding is subject to Congressional action. The Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act(IIJA), Pub. L. 117-58 (Nov. 15, 2021) provides federal suballocated funding to the Fayetteville - Springdale -Rogers AR -MO Urban Area. STBGP-A, TAP, and CRP are federally funded, 80% Federal / 20% Local, reimbursable programs and projects must meet and follow the ARDOT Local Public Agency (LPA) federal -aid process for reimbursement. Funds must be used for eligible projects that are submitted by eligible entities and chosen through a competitive process. Additional information on the programs can be found at: STBG Fact Sheet: www.fhwa.dot.gov/bipartisan-infrastructure-law/stbg.cfm TAP Fact Sheet: www.fhwa.dot.gov/bipartisan-infrastructure-law/ta.cfm CRP Fact Sheet: www.fhwa.dot.gov/bipartisan-infrastructure-law/crp fact sheet.cfm APPLICATION INFORMATION: The FFY 2026 STBGP-A, TAP, and CRP Funding Request Applications are available at the NWARPC office located at 1311 Clayton Street, Springdale, AR 72762 and online at www.nwarpc.org/funding-programs/. APPLICATIONS MUST BE RECEIVED NO LATER THAN 11:59 P.M. CT), THURSDAY, APRIL 3, 2025. Any funding request submitted after this deadline will not be considered. For information on this program or questions related to the application process, please contact Nicole Gibbs, Transportation Programs Manager/Regional Planner, NWARPC, 1311 Clayton, Springdale, AR 72762, (479) 751-7125 x105. FFY 2026 NWARPC STBGP-A, TAP, and CRP Project Application Timeline: Call for Projects Notice —January 5, 2025 Project Funding Request Deadline —April 3, 2025 at 11:59 P.M. CT NWARPC NOTICE OF NONDISCRIMINATION POLICY: The NWARPC complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, the NWARPC does not discriminate on the basis of race, sex, color, age, national origin, religion or disability, in the admission, access to and treatment in NWARPC's programs and activities, as well as the NWARPC's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the NWARPC's nondiscrimination policies may be directed to Nicole Gibbs, AICP, Regional Planner— EEO/DBE (ADA/504/Title VI Coordinator), 1311 Clayton, Springdale, AR 72762, (479) 751-7125, (Voice/TTY 711 or 1-800-285-1131) or ngibbs@nwarpc.org; Para Ilamadas en espanol, marques el 866-656-1842; para Ilamadas en ingles, marques el 711 o directamente al 800-285-1131 o ngibbs@nwarpc.org. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. If information is needed in another language, contact NWARPC at least 48 hours before the meeting. Si necesita informacion en otro idioma, comunigese NWARPC cuando menos 48 horas antes de la junta. NWA Regional Planning Commission AVISO PUBLICO DE LA CONVOCATORIA NWARPC FFY 2026 PARA PROYECTOS PARA LA FINANCIACION STBGP-A, TAP Y CRP La Comision de Planificacion Regional del Noroeste de Arkansas (NWARPC), que actua como Organizacion de Planificacion Metropolitana (MPO) de NWA, anuncia la disponibilidad de aproximadamente $11.7 millones en fondos del Programa de Subvenciones en Bloque para el Transporte de Superficie - Atribuible (STBGP-A), $1.3 millones en fondos del Programa de Alternativas de Transporte (TAP) y $1.4 millones en fondos del Programa de Reduccion de Carbono (CRP) para el Ano Fiscal Federal (FFY) 2026. La disponibilidad de fondos para el ano fiscal 2026 esta sujeta a la accion del Congreso. La Ley de Infraestructura Bipartidista (BIL), promulgada como la Ley de Inversion en Infraestructura y Empleos (IIJA), Pub. L. 117-58 (15 de noviembre de 2021) proporciona fondos federales subasignados al area urbana de Fayetteville -Springdale -Rogers AR -MO. STBGP-A, TAP, y CRP son programas reembolsables financiados por el gobierno federal, 80% federal/20% local, y los proyectos deben cumplir y seguir el proceso de ayuda federal de la Agencia Publica Local (LPA) de ARDOT para el reembolso. Los fondos deben utilizarse para proyectos elegibles que Sean presentados por entidades elegibles y elegidos a traves de un proceso competitivo. Puede encontrar informacion adicional sobre los programas en: STBG: www.fhwa.dot.gov/bipartisan-infrastructure-law/stbg.cfm TAP: www.fhwa.dot.gov/bipartisan-infrastructure-law/ta.cfm CRP: www.fhwa.dot.gov/bipartisan-infrastructure-law/crp fact sheet.cfm INFORMACION DE LA SOLICITUD: Las solicitudes de solicitud de financiamiento FFY 2026 STBGP-A, TAP y CRP estan disponibles en la oficina de NWARPC ubicada en 1311 Clayton Street, Springdale, AR 72762 y en linea en www.nwarpc.org/funding-programs/. LAS SOLICITUDES DEBEN RECIBIRSE A MAS TARDAR A LAS 11:59 P.M. (CT) DEL JUEVES 3 DE ABRIL DE 2025. Las solicitudes de financiacion presentadas despues de esta fecha limite no se tomaran en cuenta. Para obtener informacion sobre este programa o preguntas relacionadas con el proceso de solicitud, comuniquese con Nicole Gibbs, Gerente de Programas de Transporte/Planificadora Regional, NWARPC, 1311 Clayton, Springdale, AR 72762, (479) 751-7125 x105. CRONOGRAMA DE SOLICITUD DE PROYECTOS FFY 2026 NWARPC STBGP-A, TAP Y CRP: Aviso de convocatoria de proyectos — 5 de enero de 2025 Fecha limite de solicitud de financiamiento del proyecto — 3 de abril de 2025 a las 11:59 p. m. CT. AVISO DE POLITICA DE NO DISCRIMINACION DEL NWARPC: El NWARPC cumple con todas las disposiciones de derechos civiles de los estatutos federales y las autoridades relacionadas que prohiben la discriminacion en programas y actividades que reciben asistencia financiera federal. Por to tanto, el NWARPC no discrimina por motivos de raza, sexo, color, edad, origen nacional, religion o discapacidad, en la admision, el acceso y el tratamiento en los programas y actividades del NWARPC, asi como en las practicas de contratacion o empleo del NWARPC. Las quejas de presunta discriminacion y las consultas con respecto a las political de no discriminacion de NWARPC pueden dirigirse a Nicole Gibbs, AICP, Planificadora Regional — EEO/DBE ADA/504/Coordinadora del Titulo VI), 1311 Clayton, Springdale, AR 72762, (479) 751-7125, (Voz/TTY 7-1-1 o 1-800-285-1131); Para Ilamadas en espanol, marque el 866-656-1842; para Ilamadas en ingles, marque el 711, directamente al 800-285-1131 o mande un correo electronico a ngibbs@nwarpc.org. Este aviso esta disponible con la coordinadora ADA/504/Titulo VI en letra grande, grabacion audio y braille. Si necesita informacion en otro idioma, pdngase en contacto con Nicole Gibbs. n= - f RA!,1P A' KENRAY ST LONGVIEW ST ' 40 R!• ti T \ONTEPAINTER DR _. PV : ( S, HAROLD ST rx eK : t Ci : iy:, s • • • • • • • z x•••••• ••• • ¢ wwlFr94'.` • O a 1, pf • • • • ••• • • ••• °. Yc } Ir •• 5• •• 7* 7 tf CVDNEE ST • • • - Q - ¢ 1L7 ¢ - - • • • • rW • • • - a . a _ • • z BISHOP DR ¢ • iz z •• o••• .. m • •G 1p RazorbackGreenway , p • •¢ m • ' . • • • m Uzi z • • z• I=••••• yi••••N• O REOBUD LN • A • •••• Z - : D-• w MIMOSA LN EVERGREEN LN • Q' O • OAK; AUGUSTADR >w_•m_ _ _ N •• v son PRIVATE 511 w ,.:R N x •w• • • S r ~ • N••w •w••w ' • • • • • • N 11E ST Y J . Q O • • •• M » • cv • w w w O btANADA S•T•<i U` w • O • • • izii • jPRINCE5 _. .. VILLAGE LAKE DR •Z p • i • • _• f o CA$ SATT$L c' C s'D•eek Trail O •• •' == G+ FIADRID ST (r • • • w • y m•i • • WESTVIEW OR EYNOLDS S7 STRANGE DR O -- G SUNBRIDGE DR p iROJw N • w • • • O Gj C p i\ Q • • • O w • • q•• Y • • • _ KNAPP ST WISE ST ,1 2 • • ' • • `n ry e ' Y' j w %• •a11 • • • • • o r _ y w •• O TOWNSHIP ST • • a • f O • • • G' 9 m _ OIL OtT DR 0.00. x • • •• • O 9! .-- „ I e OJP 2 i • J Z TOR y • •• S •• p Oyy a. cOJi rye\ 2 . • • FE T 00 O LN Z UNNY HILL D, p • a a z E McBdOty Va eY Trail GARRETT DR z ¢o m _ yt C O PRIVATE 2200 P 7 e OBPLPRIVATE2t43ResidentialUnit ( 1.958 units) - - - Drake -Street -Trail Drake street Trail Connection and Cycietrack 0 400 800 1,600 Business (266 Businesses) Trails (Multi -Use) Feet 2,696Full- Time _.Streams Proposed 2015 TAP Funding Project if 1,156Part -Time 1 inch = 800 feet 0 1C2 Mile Distance from Trail Document Path: G:%GIS2\Propcts\2013\Trails--Drake Street Trail ConnectionWaps\Drake Street Trail Connection mxd N W+ E S u Wooidland-_ v r Ash St o Y FHealth St V ry k New 12 foot wide Shared UseQ Paved Trail (South Side) s are 0 Evelyn Hills of ks Lake North St Razorback- Mission Connector UCi grYan fin. Emers Street - Emerson Ln. akeside Dr. Rush Dr. Jackson Dr. 0R On -Street Bikeway ( , A (Complete) woodlawn Dr. Prospect Street rur rnr r rur ruu Wilson Park AphPgC4 Street rCr)tp"r r rr r urnr urnnnn n Swq Jofinson Sty o a vu Q Q o Gunter SzcN ' c M t` 4ofMapleStaa Maple Street 2Washington; c V 4_ > Q, Lafayette St Q 0 45 m 01 Dickson St Existing12 foot wide Shared -Use Paved Trail Niokaska Creek Trail To Razorback Greenwa) airview Memorial JT ai a -_ 5 a> E M ID U O B d < ion iv M m id No Root 6> p Y Q Upgraded Crosswalks with Flashing Lights I / I , bA a, New Trail Crosswalk i New 10 foot wide Shared Use Paved Trail (West Side) t Q 21 3 0v V Legend Mission Blvd. Trail (2023 Construction) Existing Shared -Use Paved Trail Mission -Razorback Connector (Complete) Enhanced Crosswalks With Flashing Lights CITY OF FAYETTEVILLE Mission Blvd. Trail - 1.5 Miles January 2023 ARKANSAS 0 O.125 0.25 0.5 Mission -Razorback Connector Bikeway - 1.1 Mile Miles I r L— pia - • c ate_ r o !! Z, Y o.- M O N L Q o z 2! Z cY, LU a Y N U Q PQ v' LL, wO JQ a w Q LA Elm. T Lu r v LL 0 0 PRELIMINARY NOT FOR CONSTRUCTION r ORIGINAL SIGNATURE ON FILE 1 r Q o UJO m z oc1-4 10 1-4 V // w fi > W Lu Lu 0 LL Q s O J t y H WY 112/ N uGARLANDAVE J PLAN SCAL —" ll - 40 0 20 40 - ' 80 D 0 t J I LoQ 1 - ' i Io ( IN FEET)- 1 inch = 40ft. Q --- _ NmwwhmmbdamL r Call R , D -- `JET .r _ _ _` _• o v ---- z w n 0 z 0 IIIIIC n . w s a w s Q n ll _ D- n Lu I r ui 1 NORTH ST Y f . - VIEW—=" - r f CORRIDOR WEST ui A } DESIGNED BY: DRAWN BY 4 , i — = j. ,rt •' - 1 W\ A4 ELA ELA 31 / ! ` ` j ' ^ 4 / • + A DATE: REVISION: J 10/11/2021 REV. 30% r • ! Z - SCALE: JOB NUMBER: Ib J a % ` 1"=40' 20-2179 ram.•... U-1 t LLJ j J I U 1 r ur J J 01-C to ff -I----- AIN • O A-INO AINO r r At 11 _ I I1 _ j ra AINOAINO INO' I 1 • v ` old 1 r •` ` —. or 4r J ILL 1 • rr r to. {' Ald t . . _ Ap- t i _ Am f..y 94 to muAllA 4-, t • _ lop or 1' t r i 3 4a J AINO AINO AINO i ti t '• t a R ' 1 it — •+s , S . • • . r w , _ i 44 r. ,' - i Z, PLAN SCALE 40 0 20 40 So r r' 1. •' - ( IN FEET) r •, ' 1 inch = 40ft. u o ' r W r Y AINO AINO INO40 uj iI 7 jW Tt J K I I + + > - V c Ir. z f - • 1 n n W` ___ , _ y n !' n > E i - 1 _• Jui Z) , > a W r Q E I • I > w ui f , — to It w i - s• - to 6w, 1 . 1 BEENEEMEN uuuu PRELIMINARY NOT FOR CONSTRUCTION RIGINAL SIGNATURE ON FILE O> Q 0N O 0 MJ W I..L z Q O Lu J U O J j F Lu U) Lu w 2 Z oC a LL O C2 Z Q C7 Z 7 Ci U U') Lu Lr) 0 z O i Lu Q 4 i NORTH ST CORRIDOR f CENTRAL- WEST r ,• s + I • r DESIGNED BY: DRAWN BY r ? N E LA E LA DATE: REVISION: 10/5/2021 REV. 30% SCALE: JOB NUMBER: 1"=40' 20-2179 EX-2 s M • i• O44 muft Q ro I '' .' UYQM Lu Lu 4• , , s O00 J Lu rcv s_ 2 Lu LL PRELIMINARY L •; NOT FOR CONSTRUCTION fit Lli Q i _ •; `AL!` ORIGINAL SIGNATURE ON FILE W o I all4( _j uj z 7. uj 10 fill _j 4 j _4 *k 1 Q Lu AL uj D Q j . P CAL Jac LL J + • .J • i l + • y' ` 1/ 40 0 :0. 40 80 • + J 10 1 ,• •,/ ! i ; / "' - - / ' ( IN FEET) : j : • . , " , Q j _ -. :• +. d • Wit: r' t 1 inch = 40ft. 00 o WNW i NJ New mn L.fi • 4-1 0 r 1 A- Lui i• ,~•sue• `' z ' r, • •• Me > Call ILL x tLuL O 4W L ® T. . •• l - , - - ' i • _ . y _--yl L v f Z I A T / Z N __ 7 N T Lu 01 L { Lu f j _ _ f \ Lu j O - Lu 0 z •1 W- 6 Q > o NORTH ST Zc = f Q . CORRIDOR CENTRAL- a - EAST 4-1 v ` + ` HWY 71 6/ COLLEGE AVE 1 ' DESIGNED BY: DRAWN BY z << ', E LA E LAloll 71- y 1 •, J' • DATE: REVISION: 10/5/2021 REV. 30% O _ i ; +7 _•_ ; 6 f i' I% SCALE: JOB NUMBER: o • • •• f 62 1 :: 1"=40' 20-2179 N .... -yam' f,r• ' , EXiVrrs _ AliC 1 1 Lu j t . • ;' Q • ' IWt ' • 1 , j j, r_ ;t ui Q ' 1 ui ui U--z_ i _.-`s Its . t i r.' ' ri 1 1 SJ' _ 1 I y J r V. t any e = I oo AIR T s al M N fta ! 1) Q O U f^z z z Y ci D N Lu Lu U w Q w rn A w w W7Ln o Ln j w Nt r Moo Its w Q LL 14 - i - , •. 7 1 -. • + , i PRELIMINARY wonNOT FOR f `' r •• _ 47;3! 1 * I T 1 /• I AII CONSTRUCTION PwLr%- ' r 01 K a / j y r sT ,•. . 5., ' -; , k ,.' , r / fi ORIGINAL SIGNATURE ON FILE Ip j R .a .. _ ., 1 1 = . l ( r •' 1 ? t i _ t '•' "1 -• j R t . F` li '`' _ 'f'_• - i .y. e' Q r lei , 1 ' `. ,• l f Iv ~ ,• ' 1i ¢' ,• - , t' .Lu r40l r / . fit ,' 1ji J r • pj - • • J' J • U.. No 1 ' 1• .'` PLAN SCALE /Lu r • - S- —•' j. r 1• 1 T_'r • r .. M . `,[ , 3' ; ` :' 1 40 0 20 40 Q IN FEET) J t- _ ' • - ti' - J J+- , •l1 ; , 'w? , ,/" 1 1 inch = 40ft. O Q o I '` ` e • ,, r10 OIL fir• - it 46 ce LL 1 0- Aik Ap CII U V " eR` yr +- ' / w 1 (nLu y , — Lu t 1 •' • l > Lu f, NORTH ST t , CORRIDORj , . a • ! ,¢• .. '%' • I ' ;' "': , _ Y , ,;' '` ` J ' +'4 /, EAST fir f j, , 111 r' ! S. l f • .fw' v ji ' 'f ' f *. DESIGNED BY: DRAWN BY . ELA ELA i r' ![ 1'f ' .• + I. ,-'4 - DATE: REVISION: 7) TIP,V ,_ , . // ti - . • _ . _ „ - 10/5/2021 REV. 30% SCALE: JOB NUMBER: l ' ,<• L '',: -:: , ,' . - ' `. 7 y r. T 1"= 40' 20-2179 t , •r it - r V j J t - 'rt A& - -, EX 4 Sloan Brook Village Neighborhood Under Construction) Walnut Crossing 1 Neighborhood 1 I I Norrh Fo,N rarntiny ro t+ i iJZ 1 xss naE* i7W owl cre •N nd Owl ere a _ Scnoor m = c a O _ O. xtue 165 N w din W° °` , s Rupple Road Trail La yette St V B Jd hvxll rte 16 a n" LeanMc 15t St ry Fayetteville Vicinity Mapaatoearee: - I m Of I-PFPPPW a) X Rupple Road Trail w Proposed Trail lighting Along 1.8 Miles of Existing Trail I Pa Or c 2 lidl at L'1 s S%V ccorkerpr.0 f owe'S 1 ar n Legend Proposed Trail Lighting (1.8 Miles) O Existing 12' Wide Concrete Trail CITY OF FAYETTEVILLE ARKANSARKANSAS Rupple Road Trail o zso soo ,,000 ,,soo 2,00 eet Proposed Trail Lighting Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Transportation Committee Memo 2025-1963 Meeting of September 30, 2025 To: Transportation Committee Thru: From: Subject: NWARPC Transportation Alternatives Program Grant Agreement Recommendation: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for the Transit Stop Enhancements Project made possible through the Northwest Arkansas Regional Planning Commission – Transportation Alternatives Program and approving a budget adjustment to recognize $150,000.00 in federal-aid funding and authorizing the Mayor to sign additional grant related documents as necessary to implement the project. Background: In February 2025, the Fayetteville City Council approved Resolution 60-25, authorizing the City to apply for $150,000 in Federal aid funding from the Arkansas Department of Transportation’s Transportation Alternatives Program (TAP) through the Northwest Arkansas Regional Planning Commission (NWARPC). The funding was sought to support Transit Stop Enhancements. In July 2025, the City of Fayetteville was awarded the full $150,000 in TAP funding to implement the proposed transit improvements. Discussion: In 2025, the NWARPC contracted Olsson Design to perform surveying, environmental clearance, and design work for selected transit stops across the region. The scope of work includes the design of concrete loading platforms, installation of bus shelters, and improvements to meet Americans with Disabilities Act (ADA) accessibility standards. In Fayetteville, five primary transit stop locations were selected for design, with two additional locations identified as alternates pending budget availability. The identified locations are: • N. Porter Rd and W. Skyler Dr. • N. Porter Rd and W. Lawson St. • S. Sang Ave and W. Stone St. • Carlson Dr., east of Razorback Rd. • W. Stone St. and S. Hill Ave. • W. 15th St., west of Razorback Rd. (Includes two stops at this location) Fayetteville is currently served by two transit agencies: Ozark Regional Transit (ORT) and Razorback Transit. Combined, these agencies provide over one million annual fare-free rides. The city has more than 270 fixed- route transit stops, yet over half of these stops lack basic ADA accessibility, and more than 80% do not have shelters. The planned improvements aim to address these critical infrastructure gaps and enhance the rider Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov experience across the system. Budget/Staff Impact: City staff has generated a cost estimate for $187,500 for implementation. The grant application for $150,000 will provide 80% funding with the City providing a 20% match of $37,500. Attachments: 2025-1722 SRF Transit Stop TAP Grant, 2025-1722 BA Transit Stop TAP Grant, Transit Stop Locations Map, 041004 Transit Stop TAP Agreement City of Fayetteville Staff Review Form 2025-1722 Item ID October 7th, 2025 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Matt Mihalevich 9/3/2025 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 the Transit Stop Enhancements Project made possible through the Northwest Arkansas Regional Planning Commission – Transportation Alternatives Program and approving a budget adjustment to recognize $150,00.00 in federal-aid funding and authorizing the Mayor to sign additional grant related documents as necessary to implement the project. Budget Impact: 4470.800.8820-5809.00 Sales Tax Capital Improvements Account Number Fund 25004.2502 Transit Stop Infrastructure - NWARPC TAP Grant Project Number Project Title Budgeted Item?Yes Total Amended Budget $406,637.00 Expenses (Actual+Encum)$269,700.00 Available Budget $136,937.00 Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?Yes Budget Adjustment $190,724.00 $277.00 Remaining Budget $327,661.00 V20221130 Purchase Order Number:Previous Ordinance or Resolution #60-25, 189-25 Change Order Number:Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 ENGINEERING (621) Adjustment Number 2025 Requestor:Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of an Agreement of Understanding with the Arkansas Department of Transportation for the Transit Stop Enhancements Project made possible through the Northwest Arkansas Regional Planning Commission – Transportation Alternatives Program and approving a budget adjustment to recognize $150,00.00 in federal-aid funding and authorizing the Mayor to sign additional grant related documents as necessary to implement the project. COUNCIL DATE:10/7/2025 ITEM ID#:2025-1722 Holly Black 9/8/2025 3:52 PM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.2025826TOTAL150,000 150,000 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4470.800.8820-4309.00 -150,000 25004 2502 RE Federal Grants - Capital 4470.800.8820-5809.00 190,724 -25004 2502 EX Improvements - Street 4470.800.8820-5314.00 (40,724)-06035 2700 EX Professional Services -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 1 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 Job 041004, Transit Stop Enhancements (Fayetteville) (S) (hereinafter called the “Project”) as a Federal-aid Transportation Alternatives Program – Attributable (TAP-A) project. WHEREAS, funding in the Infrastructure Investment and Jobs Act (IIJA) includes the following Federal-aid funds for certain local projects: Maximum Federal % Minimum 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. 60-25 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-A funds; and WHEREAS, funding participation will be subject to a limit of $150,000 maximum Federal-aid TAP-A 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 Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -2- 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 WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual (available at www.ardot.gov/LPA) which outlines procedures and requirements which must be followed during development and construction of the Project; and 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; and • 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. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -3- • Make periodic payments to the consultant for preconstruction phases of the Project and request reimbursement from the Department. • Request reimbursement from the Department for eligible expenditures related to preconstruction phases of the Project. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 4. If desired, request that the Department contract with one of its on-call consultants on behalf of the Sponsor (Form LPA-031). • Execute a task order with the Department and the selected on-call consultant for implementation of selected phases of the Project. • Make periodic payments to the on-call consultant for work accomplished in accordance with the task order. • Request reimbursement from the Department for eligible on-call consultant related costs incurred for the project. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 5. 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.) 6. 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. 7. Understand that expenditures for preliminary or construction engineering performed by the Sponsor’s forces are not eligible for reimbursement with federal funds. 8. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 9. Ensure that the plans and specifications are developed using the Department’s standard drawings and Standard Specifications for Highway Construction (latest edition). 10. 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. 11. 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. 12. 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”). 13. Ensure the preparation of utility adjustment and right of way plans are in accordance with Arkansas State Highway Commission Policy. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -4- 14. Be responsible for all non-reimbursable costs associated with the Sponsor owned utilities as defined in the Department’s Utility Accommodation Policy. 15. 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. 16. 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. 17. Submit plans at 30%, 60%, and 90% completion stages for Department review. 18. Submit a certification letter (Form LPA-008), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 19. 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. 20. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 21. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Form LPA-013), including all items noted, to the Department. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -5- 27. Attach LPA Report of Daily Work Performed (Form LPA-015) for all days that correspond with each CCRR submittal. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -6- 34. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR Part 21), Nondiscrimination in Federally-Assisted Programs of the Department of Transportation, (Form LPA-029). 35. 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). 36. 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. 37. 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. 38. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Form LPA-018), which is necessary for Project participation. 39. 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. 40. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department’s right of way and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the Project; • change the intended use of the Project; • make significant alterations to any improvements constructed with Federal-aid funds; or • cease maintenance or operation of a project due to the Project's obsolescence. 41. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the Project in accordance with Federal-aid requirements may result in the Sponsor’s repayment of federal funds and may result in withholding all future Federal-aid. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -7- 42. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the Sponsor expends more than $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. 43. 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. 44. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Form LPA-019). 45. 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 $150,000 in Federal-aid TAP-A 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. 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. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -8- 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 , 20____. Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -9- Agreement of Understanding between: The City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of Job 041004, Transit Stop Enhancements (Fayetteville) (S). Signatories THE CITY OF FAYETTEVILLE __________________________________________ _______________________ Molly Rawn Date Mayor __________________________________________ _______________________ Kit Williams Date City Attorney Agreement of Understanding Between the City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation -11- Agreement of Understanding between: The City of Fayetteville, the Northwest Arkansas Regional Planning Commission, and the Arkansas Department of Transportation relative to: Implementation of Job 041004, Transit Stop Enhancements (Fayetteville) (S). Signatory ARKANSAS DEPARTMENT OF TRANSPORTATION __________________________________________ _______________________ Jared D. Wiley, P.E. Date Director 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 no t discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the FMCSA Title VI Program), o r disability 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: joanna.mcfadden@ardot.gov Free language assistance may be available upon request. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape, and in Braille. GENERAL REQUIREMENTS FOR RECIPIENTS AND SUB-RECIPIENTS CONCERNING DISADVANTAGED BUSINESS ENTERPRISES It is the policy of the U. S. Department of Transportation that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. The recipient or its contractor agrees to ensure that DBEs as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBEs have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. If as a condition of assistance the recipient has submitted and the Department has approved a disadvantaged business enterprise affirmative action program, which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose such sanctions as noted in 49 CFR Part 26, Subpart F, which sanctions may include termination of the Agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. The recipient shall advise each sub-recipient, contractor or subcontractor that failure to carry out the requirements set forth in 49 CFR Part 26, Subsections 26.101 and 26.107 shall substitute a breach of contract and after the notification of the Department, may result in termination of the agreement or contract by the recipient or such remedy as the recipient deems appropriate. (NOTE: Where appropriate, the term "recipient" may be modified to mean "sub-recipient", and the term "contractor" modified to include "subcontractor".) Form LPA-001 Rev. 8/27/19 Form LPA-002 1 LOCAL AGENCY CONSULTANT SELECTION PROCEDURES Section I – Application (These procedures do not apply to Design-Build Contracts.) These procedures apply to federally and state funded contracts for engineering and design related services for projects and are issued to ensure that a qualified consultant is obtained through an equitable qualifications-based selection procurement process and that the prescribed work is properly accomplished in a timely manner at a fair and reasonable cost. Engineering and design related services are defined in 23 Code of Federal Regulations (CFR) Part 172 to include program management, construction management, preliminary engineering, design engineering, surveying mapping, or architectural related services with respect to a highway construction project. These services also include professional services of an architectural or engineering nature, as defined by State law, which are required to or may logically or justifiably be performed or approved by a person licensed, registered, or certified to provide the services with respect to a highway construction project. Contracts for these services that are paid with Federal-aid highway program (FAHP) funding will be awarded following these selection procedures. The federal laws and regulations that govern the procurement of engineering and design related services with FAHP funds are: • 23 United States Code (U.S.C.) 106 “Project approval and oversight” • 23 U.S.C. 112 “Letting of contracts” • 23 U.S.C. 114(a) “Construction Work In General” • 23 U.S.C. 302 “State transportation department” • 23 U.S.C. 315 “Rules, regulations, and recommendations” • 23 U.S.C. 402 “Highway safety programs” • 40 U.S.C. Chapter 11 – Selection of Architects and Engineers, §§1101 et seq., commonly called the “Brooks Act” • 2 CFR Part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” • 23 CFR Part 172 “Procurement, Management, and Administration of Engineering and Design Related Services” • 48 CFR Part 31 “Contract Cost Principles and Procedures” • 49 CFR Part 1.48(b) “The Federal Highway Administrator is delegated authority to administer the following provisions of title 23, Highways, U.S.C.” In accordance with the above federal laws and regulations, the Arkansas Department of Transportation (Department) has approved these procedures for use by Rev. 8/27/19 Form LPA-002 2 the Local Agency for the “competitive negotiation” (qualifications-based selection) method of procurement as defined in 23 CFR §172.7, Procurement Methods and Procedures that complies with the Brooks Act (40 U.S.C. §§1101, et seq.). The Local Agency will use these procedures for Federal-aid contracts and may elect to use them for non-Federal-aid contracts. Section II – Advertisement for Letters of Interest The Local Agency may employ a consultant engineering firm when a need exists for engineering services, and it is in the Local Agency’s best interest to employ an engineer or engineering firm. As a minimum, the Local Agency will advertise in a statewide newspaper, the Department’s website and the Local Agency’s website (if available), advising that consultant engineering services are being sought. In addition, the Local Agency may advertise in appropriate national trade magazines or websites for specialized services. Interested firms must furnish: 1. A cover letter with the firm’s response including primary contact information. 2. The firm’s completed Architect-Engineer Qualifications Standard Form (SF) 330 Parts I and II (48 CFR §53.236-2(b)). (SF 330 is available on the Department’s website.) http://arkansashighways.com/consultant_services/advertisements/advertisem ents.aspx 3. A current copy of the firm’s equal employment opportunity policy required per Arkansas Code Annotated (Ark. Code Ann.) §19-11-104. 4. The firm’s current copy (within 12 months) of the Department and Finance and Administration (DFA) Illegal Immigrant Contractor Disclosure Form (Ark. Code Ann. §19-11-105). https://www.ark.org/dfa/immigrant/index.php/user/welcome Advertisements may be for either a specific single project; a group of projects; or for an on-call or indefinite delivery/indefinite quantity (IDIQ) for an established contract period (not to exceed 5 years), to be determined at a later date with specific task orders issued for each project. (23 CFR §172.9(a)) When advertising a specific project, the advertisement will describe the work in general terms allowing firms to evaluate their interest in performing the desired services. When advertising a group of projects, a general description of work will be furnished. Firms will be asked to specify the projects they are interested in performing. When the Local Agency decides to proceed with a certain project, those firms having expressed interest in that project will be considered for selection. Rev. 8/27/19 Form LPA-002 3 When advertising for an on-call / IDIQ projects with later specified task orders, the advertisement will include a general description of work for the project task and the number of consultants anticipated to be selected. If a solicitation fails to yield three qualified respondents, then the Local Agency may proceed with evaluation and selection if the Local Agency and the Department determines that the solicitation did not contain conditions or requirements that arbitrarily limited competition. Alternatively, the Local Agency may pursue procurement following the noncompetitive method when competition is determined to be inadequate and it is determined to not be feasible or practical to re-compete under a new solicitation. (23 CFR §172.7(a)(1)(iv)(D)) Solicitations will include language to comply with state procurement laws, rules, and regulations including but not limited to Ethical Standards (Ark. Code Ann. §19-11- 708), Employee and Relative Disclosure, and Equal Opportunity Policy. Interested firms are advised that in order to comply with state and federal requirements that the Local Agency will verify suspension and debarment actions and eligibility status of consultants in accordance with 2 CFR Part 1200 and 2 CFR Part 180. Ark. Code Ann. §§19-11-701 through 19-11-714 addresses ethics and conflicts of interest. Federal regulations about conflicts of interest are described in 2 CFR §200.112, 23 CFR §1.33, and provisions of 23 CFR §172.7(4). No Local Agency employee may participate in selection, award or administration of a contract in which the Local Agency employee or any member of his or her immediate family has a financial, prospective financial, or other interest. Additionally, in accordance with Ark. Code Ann. §19-11-704(b) it is a breach of ethical standards for any person, including potential consultants, or parties to subagreements to engage in any conduct or behavior with other consultants, contractors, cities, counties, state agencies, or metropolitan/local planning organizations that may influence any public employee to breach the standards of ethical conduct provided by state and federal laws. Section III – Selection Committee The Local Agency will designate a Selection Committee (Committee) to evaluate and analyze the letters of interest (LOI) and proposals. Rev. 8/27/19 Form LPA-002 4 Section IV – Evaluation of Letters of Interest The Committee will evaluate each consultant firm based on the criteria provided in the detailed LOIs in general as follows: No. Evaluation Factors for LOIs Maximum Points Possible 1 Professional staff including the education, experience, number of personnel available, and any partnerships with sub-consultants 10 2 General and professional reputation, including responsiveness to civil rights and equal employment opportunity requirements and opportunities 10 3 *Past work performance 10 4 Experience with projects of a similar nature as those advertised 10 Total Points for LOI 40 *Past performance or evaluations from other clients will be considered when the firm has not worked for the Local Agency previously. Following their review, the Committee will prepare a short list (minimum of three) of the top ranked engineering firms and recommend that these firms submit detailed proposals for further evaluation. Section V – Request for Proposal The Local Agency will prepare a scope of work statement and request proposals from the engineering firms on the short list. For projects with FHWA oversight, which are identified by FHWA as Projects of Division Interest (PoDI) projects, the Local Agency will forward the scope of work statement to the Department and FHWA for review and approval before soliciting request for proposals (RFPs). A Local Agency’s scope of work will typically include the following: 1. A detailed purpose and description of the work, 2. Services that will be furnished by the Local Agency, 3. Services that will be furnished by the consultant, 4. Deliverables to be provided, 5. Project conditions of the work, 6. Schedule for performance of the work, 7. Special conditions of the work including applicable standards, specifications, and policies, and 8. Assurance of participation of certified Disadvantaged Business Enterprises (DBE) in Federal-aid projects as Department goals for the Project are established. Rev. 8/27/19 Form LPA-002 5 The short-listed firms should submit proposals that contain the following: 1. A cover letter with primary contact information, 2. A detailed work plan that identifies the major tasks of work, 3. A list of major concerns associated with completing the work, 4. A detailed work schedule for specific projects as requested, 5. A manpower estimate for specific projects as requested, and 6. Updated Standard Form 330 Parts I and II, if necessary. The Committee will review the proposals with particular attention to the five (5) listed evaluation factors for the proposals and will also consider the results determined in Section IV. The evaluation factors and their relative importance will be listed in the RFP if any of the factors are different from the list below. No. Evaluation Factors for Proposals Maximum Points Possible 1 Obvious indication that the scope of work is clearly understood 20 2 Comprehensive, coherent, and detailed work plan 20 3 Realistic work schedule when applicable 10 4 Proposed working office location, need for a local office, and any local representative* 5 5 Identification of sub-consultants and responsiveness to DBE goals and opportunities 5 6 Total Points for LOI 40 Total Points for Proposals 100 *Locality preference shall not be based on political or jurisdictional boundaries and may be applied on a project-by-project basis for contracts where a need has been established for a consultant to provide a local presence, a local presence will add value to the quality and efficiency of the project, and application of this criteria leaves an appropriate number of qualified consultants, given the nature and size of the project. (Consultants indicating that it will satisfy this factor in some manner, such as establishing a local project office, shall be considered to have satisfied this factor.) Based on these evaluation factors, the Committee will rank the consultants based on the total score and submit the list to the Local Agency who will either: 1. Select one (1) firm to enter negotiations with; or 2. Select a. Multiple firms for an IDIQ contract; or b. Three or more firms to interview (a firm may present additional information concerning their proposal at the interview). After the interviews, the Committee will re-evaluate the firms based on the interview and the same evaluation factors as noted previously. The ranking list will be submitted to the Local Agency for review and final selection. The Local Agency’s contract file will contain records of the rankings and supporting data; however, the rankings will not be public information. Copies of the LOI advertisement, the rankings, and supporting data shall be submitted to the Department. Rev. 8/27/19 Form LPA-002 6 Notification must be provided to all responding consultants of the final selection of the most qualified consultant including the ranking of the top three consultants on projects where only one consultant is selected. Section VI – Negotiation and Contract Preparation Once a firm is selected for negotiation for a specific job or a group of projects, it will prepare a draft contract including a cost estimate for the project(s). The other firms on the short list will be advised of the firm selected, subject to successful negotiations. Prior to receipt or review of the draft contract and cost estimate, the Local Agency shall prepare a detailed independent estimate with an appropriate breakdown of the work or labor hours, types or classifications of labor required, other direct cost and consultant’s fixed fee for the defined scope of work. The independent estimate shall serve as the basis for negotiation to ensure a fair and reasonable cost is obtained. More than one firm may be selected for an on-call or IDIQ contract. The contract will establish a maximum ceiling price for work issued under the contract as well as an expiration date not to exceed 5 years, per 23 CFR Part 172. Individual task order cost estimates will be negotiated when issued. The selected firm will prepare a draft contract based on a sample contract furnished by the Department. In accordance with the principles of 23 CFR 172, the draft contract must include an overhead rate that is approved by the Department. If the contract exceeds $250,000, in accordance with the Department’s Indirect Cost Rate Audit Requirements, the indirect cost rate shall be verified through an audit performed by a certified public accountant on behalf of the consultant. If the contract is less than $250,000, and at least one of these conditions applies: 1. When there is insufficient knowledge of the consultant’s accounting system 2. When there is previous unfavorable experience regarding the reliability of the consultant’s accounting system 3. When the contract involves procurement of new equipment or supplies for which cost experience is lacking then the Consultant shall provide the indirect cost rate verified through an audit performed by a certified public accountant on behalf of the consultant. The certified audit shall be provided by the selected firm prior to the submission of the final draft contract. Pursuant to this requirement, the Department will notify the Local Agency if an audit by a certified public accountant for the selected firm is necessary. The certified audit needs to be provided by the selected firm prior to the submission of the final draft contract. The Local Agency will review the draft contract proposal and either approve it as submitted or enter into negotiations with the selected firm to establish a contract and contract ceiling price that the Local Agency deems is fair and reasonable. If a satisfactory contract cannot be negotiated with the selected firm, negotiations will be Rev. 8/27/19 Form LPA-002 7 formally terminated. The Local Agency will then enter into negotiations with the second ranked firm. If negotiations with that firm fail, the Local Agency will formally terminate those negotiations and begin to negotiate with the third ranked firm, and so on. If the Local Agency cannot negotiate a satisfactory contract with any of the firms on the short list, the Local Agency shall either: 1. Request proposals from additional firms who have submitted LOIs and are considered competent and qualified; evaluate and rank the firms based on the criteria described in Section V; and continue the negotiation process, or 2. Terminate all negotiations and begin the selection process again, or 3. Pursue procurement following the noncompetitive method when competition is determined to be inadequate and it is determined to not be feasible or practical to re-compete under a new solicitation. (23 CFR §172.7(a)(1)(iv)(D)) When the Local Agency and the consultant agree the negotiated contract is fair and reasonable, the consultant will prepare a final draft and submit it to the Local Agency and the Department for review. After review and a determination that it is acceptable, the consultant will sign the contract. The Local Agency will then execute the contract. The contract will subsequently be submitted to the Department for final review and approval including funding. When approved, copies of the signed contract will be distributed within the Local Agency and to the consultant. For projects with FHWA oversight and for on-call or IDIQ contracts where the consultant performs a management role utilizing federal funds, the Department will forward the initial and final drafts of the contract to FHWA for review and comment. The FHWA approves the final executed contract by stamp and signature and retains a copy. After the Local Agency executes an on-call or IDIQ contract, it will assign specific projects by task order for the duration of the contract period. The consultant will prepare each task order based on the scope of work furnished by the Local Agency. The task order will include a manpower estimate and cost. The Local Agency will review the task order and approve it as submitted or negotiate with the consultant to establish a task order and task order amount that the Local Agency deems is fair and reasonable. After review and a determination that the task order is acceptable, the consultant will sign the task order. The Local Agency will then execute the task order. The task order will subsequently be submitted to the Department for final review and approval including funding. When approved, copies of the signed task order will be distributed within the Local Agency and to the consultant. For PoDI projects, the Department will forward the initial and final drafts of the task order to FHWA for review, comment, and approval. Upon FHWA approval, the final task order is executed. Rev. 8/27/19 Form LPA-002 8 Section VII – Monitoring the Contract The Local Agency may designate staff members as key liaisons for specific projects or for technical matters during the administration of the contract period. The Local Agency will: 1. Maintain the contract files, 2. Arrange and attend periodic progress meetings, 3. Coordinate reviews and approval actions with other agencies when necessary, 4. Review progress payments, 5. Coordinate questions from the consultant, 6. Negotiate any change or amendment to the contract and submit to the Department for review and approval, and 7. Prepare an evaluation of the consultant’s performance after completion of the contract. A copy of the evaluation shall be submitted to the Department. Section VIII – Consultant Liability The Local Agency will include a contract requirement that the consultant will warrant that all services and work products provided as part of the contract are performed in accordance to the prevailing industry standards, including standards of conduct and care, format and content, meet the satisfaction of the Local Agency, and conform to the requirements of the Agreement. This warrant is effective regardless of the degree of inspection and acceptance by the Local Agency or others. If the consultant is required to correct or re-perform any work or services, the work will be performed at no cost to the Local Agency, and any work or services corrected or re-performed by the consultant shall also be warranted that it is free from defects in workmanship in accordance with industry standards. If the consultant fails or refuses to correct or re-perform, the Local Agency may, by contract or otherwise, correct or replace the deficient items or services with similar work or services, and charge the cost to the consultant or make an equitable adjustment in the consultant’s reimbursement. Acceptance is an act of an authorized representative of the Local Agency by which the Local Agency approves specific services, as partial or complete performance of the contract. Correction is the elimination of a defect. Form LPA-003 REQUIRED CONTENTS OF BIDDING PROPOSALS FEDERAL-AID PROJECTS 1) FHWA-1273 Each set of contract documents shall include FHWA-1273, “Required Contract Provisions, Federal-aid Construction Contracts,” and such supplements that may modify the FHWA-1273. Copies of FHWA-1273 and supplements will be provided by the Department. 2) Anti-Collusion and Debarment Certification The certification shall either be in the form of an affidavit executed and sworn to by the bidder before a person who is authorized by the laws of the State to administer oaths or in the form of an unsworn declaration executed under penalty of perjury of the law of the United States. The required form for the Anti-Collusion and Debarment Certification will be provided by the Department. The certification includes: • Anti-collusion - A statement executed by, or on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm, association, or corporation has not, either directly or in-directly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. • Debarment - A statement regarding debarment, suspension, ineligibility and voluntary exclusion as required by Title 2 of the United States Code of Federal Regulations, Part 180 (2 CFR Part 180). Failure to submit the executed Certification as part of the bidding documents will make the bid nonresponsive and not eligible for award consideration. 3) Lobbying Certification This certification is required by 49 CFR 20. The form for this certification will be provided by the Department. 4) Davis-Bacon Pre-determined Minimum Wage Rates Davis-Bacon requirements apply to all projects greater than $2,000 that are physically located within the existing right-of-way of a functionally classified city street or highway. The Davis-Bacon wage rates will be provided by the Department. 5) “Build America, Buy America” Provisions Because federal highway funds are included in this project, “Build America, Buy America” requirements, as specified in Title 23 of the United States Code Section 313 and Title 23 of the Code of Federal Regulations Section 635.410, apply to this project. A section of the bidding documents should specify these requirements as part of the project and it should at least be noted in the advertisement for bids. OFFICE OF THE MAYOR Molly Rawn City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov September 3, 2025 Mr. David Siskowski Division Head – Local Programs Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job #041004 F.A.P. TAPU-9142(63) Transit Stop Enhancements Washington County Dear Mr. Siskowski: The full-time employee in responsible charge of the day to day oversight for the referenced project will be Dane Eifling, Mobility Coordinator. This letter certifies that the employee is aware of the duties and functions they are in charge of as outlined in the Agreement of Understanding. This employee may be reached by phone at (479) 575- 8243 or by email at deifling@fayetteville-ar.gov. Sincerely, Molly Rawn Mayor Fayetteville, AR SPONSOR LETTERHEAD JOB NUMBER JOB NAME COUNTY Title to the right of way necessary for the construction of this project has been acquired, or will be acquired, in accordance with applicable Federal Highway Administration procedures. ↓ indicate total number in each category here. Delete any categories not used in this job. ___ Tract(s) ___ Options(s) ___ Paid ___ Donation(s) ___ Negotiation Pending* - include tract number(s) and statement: ”It is anticipated that this/these tract(s) will be acquired by (date).” ___ Condemnation(s) – (include Order of Possession date or date the Court Order was filed) ___ Condemnation(s) Pending* - include tract number(s) and anticipated filing date * If applicable ↓delete the statement in each pair that does not apply There are no displacees on this project. -Or- Relocation Assistance has been provided in accordance with applicable Federal Highway Administration procedures and all displacees have moved from this project. There was/were # displaced (residence(s)/business(es)/personal property/etc) on the project. There are no structures located within the right of way area. -Or- All structures have been removed from this project, except for those to be included as demolition items in the highway contract. No conflicting utilities are known to exist in the right of way area. -Or- Necessary utility relocation has been, or will be, completed as shown in the attached Utility Status Report. There are no railroads involved on this project -OR- Tract(s) #___ shown above include(s) #____ (Permanent/Temporary Construction Easements) for _________ Railroad. No right of way in excess of that needed for construction or future maintenance of this project was acquired. Certified by:_________________________ Date:_______________ (Type name) (Type title) Form LPA-006 SPONSOR LETTERHEAD JOB NUMBER JOB NAME COUNTY Title to the right of way necessary for the construction of this project was in public ownership prior to project development. No additional right of way was acquired. There are no displacees on this project. There are no structures located within the right of way area. There are no railroads involved on this project. No known conflicting utilities exist within the right of way area. Certified by:_________________________ Date:_______________ (Type name) (Type title) Form LPA-007 Form LPA-008 PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING AUTHORITY TO ADVERTISE DATE Ms. Jessie Jones, P.E. Chief Engineer – Preconstruction Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Ms. Jones: The following documents are submitted concerning the referenced project: 1. One set of plans and specifications. 2. A copy of the preliminary estimate of cost. 3. An unexecuted copy of the bid proposal form. I certify that the plans, specifications and estimate were prepared by or under the direct supervision of a Professional Engineer licensed to practice in the State of Arkansas and 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. I understand that if any project items are declared non-participating in federal funds due to failure to comply with any State or federal requirements, the (Sponsor Name) will promptly repay such funds to the Arkansas Department of Transportation (ARDOT). Further, I hereby authorize the Director of the Arkansas State Department of Finance and Administration to transfer such funds from the (Sponsor Name)’s Motor Fuel Tax allotment to the ARDOT’s RRA Fund upon notification by the ARDOT Director of that such funds are due ARDOT and have not been paid by the (Sponsor Name). Approval to proceed with advertisement of the project for bids is requested. Sincerely, NAME & OFFICE (Sponsor’s CEO) Enclosures Form LPA-010 GUIDELINES FOR ADVERTISING AND OPENING BIDS FEDERAL-AID PROJECTS Upon receipt of written authorization from the Arkansas Department of Transportation (Department), the project may be advertised for bids. The following minimum guidelines for advertising must be met: • The minimum advertising period is three weeks (21 days). • In addition to meeting the State requirements for advertising for construction projects, the project must be advertised a minimum of two times in a statewide newspaper (online or print versions are acceptable). • The notice must contain: (1) the time, date, and place that sealed bids are to be accepted, opened, and publicly read; (2) a brief description of the kind or type of work contemplated; and (3) the place at which prospective bidders may obtain plans and specifications. • The Sponsor will forward a copy of the approved advertisement to the Department once advertisement starts. Any addenda will also be sent to the Department during the advertisement period. • The Sponsor will include the following language in the solicitation for bids: “The (INSERT SPONSOR NAME) hereby notifies all bidders that this contract is subject to applicable labor laws, non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962 and Title VI of the Civil Rights Act of 1964 also apply.” “Build America, Buy America provisions apply to this project.” • All bids received in accordance with the terms of the advertisement shall be publicly opened and at a minimum, the total amount bid must be read aloud (the sponsor may choose to read the bids item by item). • If any bid received is not read aloud, the name of the bidder and the reason for not reading the bid aloud shall be publicly announced at the letting. • In accordance with 23 CFR 635.110, any procedures and requirements for qualifying and licensing contractors must be approved by the Federal Highway Administration. • Negotiation with contractors during the period following the opening of bids and before the award of the contract is strictly prohibited. Form LPA-013 PLEASE PRINT ON SPONSOR LETTERHEAD CERTIFICATION LETTER REQUESTING CONCURRENCE IN AWARD OF THE CONTRACT DATE Ms. Jessie Jones, P.E. Chief Engineer – Preconstruction Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Ms. Jones: The following documents are submitted concerning the referenced project: 1. One set of bid tabulations. 2. Justification of award (if low bid amount is greater than 10% over the estimate). 3. A check for $1,000 for ARDOT construction involvement. I certify that the referenced project was advertised and bids were received in accordance with the regulations governing Federal-aid projects and all other applicable state and federal regulations, and that this process has been reviewed and approved by the (Sponsor Name)’s Attorney. Additionally, I certify that the bid is being awarded to the lowest responsive and qualified bidder and that there has not been, nor will there be, any negotiations with the contractor or other bidders regarding the amount bid. Your concurrence in the award of this contract to (INSERT CONTRACTOR NAME) for (INSERT LOW BID AMOUNT) is requested. Sincerely, ___________________ Sponsor’s CEO ____________________ Sponsor’s Attorney Enclosures Revised: 12/11/20 CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST PAGE 1 OF 2 PAGES Job No.:Payee/Sponsor:DATE: FAP:address County:PAY REQUEST # Job Name.: Federal Tax ID No.:FROM:TO: SPONSOR'S REQUEST FOR PAYMENT Designated Full Time Employee In Responsible Charge The information provided in this document is true and correct and I recommend that payment be made to the Contractor for this work. $0.00 $0.00 By:Date: $0.00 Title: $0.00 1 Maximum Approved Federal-aid Amount 2 Original Contract Amount 3 Net Changes by Change Orders 4 Present Contract Total 5 Present Federal-aid Amount (80% of Line 4 or Amount on Line 1, whichever is less) 6 Work Completed to Date 7 Federal Match (80% of Line 6 or amount on Line 5, whichever is less) 8 Previous Reimbursements (Federal) 9 Amount Due this Estimate $0.00 Sponsor's CEO (subtract Line 8 from Line 7) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Payment is requested from the Arkansas Department of Transportation for the Amount Due. I certify that the Total changes previously approved Contractor and/or subcontractor(s) are complying with the provisions of FHWA-1273, Required Contract Provisions, Federal-aid Construction Contracts, and Supplements; that the work has been completed by the Total approved this Request Period Contractor in accordance with the plans and specifications; and that the Contractor has been paid for this work. TOTALS By:Date: NET CHANGES by Change Order (Line 3 above)Title: DEPARTMENT USE ONLY PAID Voucher No. Resident Engineer Date: Form LPA-014 Recommended for Payment in Accordance with Project Agreement State Construction Engineer Approved for Payment $0.00 $0.00 $0.00 CONSTRUCTION CERTIFICATION AND REIMBURSEMENT REQUEST Revised: 12/11/20 DETAIL ESTIMATE PAGE 2 OF 2 PAGES JOB NUMBER: FAP:REQUEST NO:0 DATE: JOB NAME: FROM:1/0/1900 TO: SPONSOR:CONTRACTOR: A B CDE F G HI WORK COMPLETED MATERIALS TOTAL % BALANCE ITEM DESCRIPTION OF WORK SCHEDULED PREVIOUS PRESENTLY COMPLETED & COMPLETED TO FINISH NO. VALUE REQUESTS THIS PERIOD STOCKPILED STOCKPILED (G ÷ C) (C - G) (NOT IN D or E) TO DATE (D+E+F) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GRAND TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Form LPA-014 COPY OF SPONSOR'S PAYMENT CHECK FOR THIS ESTIMATE MUST BE ATTACHED TO THIS FORM #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! 1/0/1900 1/0/1900 0 0 0 0 0 Sponsor LPA Report of Daily Work Performed Job Name: ____________________________________ Job No.: ______________ FAP No.: ______________________ Contractor: ___________________________ Date: ____________ Hours Worked: ______ – ______ Report No.: ______ Project Conditions Site Conditions Weather Number of Contractor’s Personnel ____ Useable ____ Sunny ____ Laborers ____ Partly Useable ____ Partly Cloudy ____ Carpenters ____ Not Useable ____ Rain ____ Concrete Laborers Min Temp. (F) ____ Rainfall Amt. (in.) _____ ____ Equip. Operators Max Temp. (F) ____ Comments ____ Electricians ____ Plumbers ____ Foreman ____ Other ___________ ____ Other ___________ Location and Description of Work Performed Special Instructions and/or Conversations Signed: _____________________________ Designated Full-time Employee Form LPA-015 Form LPA-016 SPONSOR LPA Final Acceptance Report Job Name: Date: Job No: FAP No: County: Route: Contractor: Date Work Began: Date Work Completed: Attendees: Remarks: ☐ Provide Digital Photos of Completed Project (minimum of 5) Project Completed in Substantial Compliance with Plans and Specifications and Recommended for Final Acceptance by Sponsor _________________________________ Engineer Recommended for Acceptance in Accordance with Project Agreement _________________________________ ARDOT Resident Engineer Project Recommended for Acceptance Designated Full-time Employee: _______________________________ I certify that the Contractor and/or subcontractor(s) have complied with the provisions of FHWA-1273, Required Contract Provisions, Federal-aid Construction Contracts, and Supplements; that the project has been completed by the Contractor in accordance with the plans and specifications; that the Contractor has been paid for this work, and the project is hereby accepted. _______________________________ SPONSOR’s CEO Form LPA-017 Page 1 of 2 1/28/2021 2 CFR Part 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D - Post Federal Award Requirements Record Retention and Access §200.334 Retention requirements for records. Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non- Federal entities. The only exceptions are the following: (a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. (b) When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass- through entity to extend the retention period. (c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. (d) When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 3-year retention requirement is not applicable to the non-Federal entity. (e) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. (f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). (1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass-through entity) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission. (2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass-through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. §200.335 Requests for transfer of records. The Federal awarding agency must request transfer of certain records to its custody from the non- Federal entity when it determines that the records possess long-term retention value. However, in order to avoid duplicate recordkeeping, the Federal awarding agency may make arrangements for the non-Federal entity to retain any records that are continuously needed for joint use. §200.336 Methods for collection, transmission, and storage of information. The Federal awarding agency and the non-Federal entity should, whenever practicable, collect, transmit, and store Federal award-related information in open and machine-readable formats rather than in closed formats or on paper in accordance with applicable legislative requirements. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding agency or pass-through entity must always provide or accept paper versions of Federal award-related information to and from the non- Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass- through entity must not require more than an original and two copies. When original records are 1/28/2021 Form LPA-017 Page 2 of 2 2 CFR Part 200 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D - Post Federal Award Requirements Record Retention and Access electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. §200.337 Access to records. Records of non-Federal entities. The Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the pass-through entity, or any of their authorized representatives, must have the right of access to any documents, papers, or other records of the non- Federal entity which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right also includes timely and reasonable access to the non-Federal entity's personnel for the purpose of interview and discussion related to such documents. (a) Extraordinary and rare circumstances. Only under extraordinary and rare circumstances would such access include review of the true name of victims of a crime. Routine monitoring cannot be considered extraordinary and rare circumstances that would necessitate access to this information. When access to the true name of victims of a crime is necessary, appropriate steps to protect this sensitive information must be taken by both the non-Federal entity and the Federal awarding agency. Any such access, other than under a court order or subpoena pursuant to a bona fide confidential investigation, must be approved by the head of the Federal awarding agency or delegate. (b) Expiration of right of access. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. Federal awarding agencies and pass- through entities must not impose any other access requirements upon non-Federal entities. §200.338 Restrictions on public access to records. No Federal awarding agency may place restrictions on the non-Federal entity that limit public access to the records of the non-Federal entity pertinent to a Federal award, except for protected personally identifiable information (PII) or when the Federal awarding agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the Federal awarding agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to those records that remain under a non- Federal entity's control except as required under §200.315. Unless required by Federal, state, local, and tribal statute, non-Federal entities are not required to permit public access to their records. The non-Federal entity's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions. CERTIFICATION FOR GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his 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 Federal 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 sub awards at all tiers (including sub grants, and contracts and subcontracts under grants, sub grants, loans and cooperative agreements) which exceed $100,000, and that all such sub recipients 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, U.S. 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. Sponsor Signature Name (Sponsor's CEO) Form LPA-018 Form LPA-019 Page 1 of 2 Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (For more information go to https://www.fsrs.gov/) FFATA was signed on September 26, 2006. The intent is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. A Prime Grant Recipient (Arkansas Department of Transportation (hereinafter called ARDOT)) awarded a new Federal grant greater than or equal to $25,000 as of October 1, 2010 is subject to FFATA sub-award reporting requirements as outlined in the Office of Management and Budget guidance issued August 27, 2010. ARDOT is required to file a FFATA sub-award report for any sub-grant awarded to a sub-awardee greater than or equal to $25,000. As a sub-awardee, _______________________________________________ shall provide the following information to ARDOT in order to fulfill FFATA reporting requirements:  A Unique Entity Identifier (UEI) of the sub-awardee receiving the award and the parent entity of the recipient, should the sub-awardee be owned by another entity;  The names and total compensation of the five most highly compensated officers of the sub-awardee if the sub-awardee in the preceding Federal fiscal year received 80 percent or more of its annual gross revenues in Federal awards; and $25,000,000 or more in annual gross revenues from Federal awards; and the public does not have access to information about the compensation of the senior executives of the sub-awardee through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. See FFATA § 2(b)(1). Form LPA-019 Page 2 of 2 Required Sub-Awardee Information (A) Sub-Awardee UEI: _________________________ UEI Expiration Date: _____________ Parent (if applicable) UEI: ____________________ UEI Expiration Date: _____________ (B) In the preceding completed Federal fiscal year, did your business or organization (the legal entity to which the UEI number entered above belongs) receive (1) 80 percent or more of its annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Yes No If "Yes" is selected, answer (C). (C) Does the public have access to information about the compensation of the executives in your business or organization (the legal entity to which the UEI entered above belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes No If "Yes” is selected, visit http://www.sec.gov/edgar.shtml for reference. If "No" is selected, answer (D). (D) If “No” was selected in Question “C”, complete the following information for the five (5) most highly compensated executives in your business or organization (the legal entity to which the UEI entered above belongs). Amount should reflect the Total Compensation Amount in the preceding completed Federal fiscal year in U.S. whole dollars. Sub-Awardee Names and Compensation of Most Highly Compensated Officers 1. Name: ________________________________ Amount: $________________ 2. Name: ________________________________ Amount: $________________ 3. Name: ________________________________ Amount: $________________ 4. Name: ________________________________ Amount: $________________ 5. Name: ________________________________ Amount: $________________ LPA Project Quarterly Report Form Date: Progress Report: Job No.: Job Name: F.A.P.: Funding Program: Year: Quarter: Sponsor: Submitted By: Sponsor Phone: Sponsor Email: CURRENT PROJECT STATUS Construction Plans: ☐30%☐60%☐90%☐Final Environmental Clearance: ☐ARDOT to Handle ☐Preliminary ☐Partially Complete All Permits Received ☐ Date: Final Clearance ☐ Date: Right of Way Acquisition: ☐No Acquisition Needed ☐ROW Plans in Progress ROW Plans Approved ☐ Date: ☐ Acquisition Documents Approved Date: ☐Acquisition Underway Acquisition Complete ☐ Date: Right of Way Certification Submitted ☐ Conditional ☐ Final Date: __________ Utility Relocation: ☐Utility Relocation Not Necessary Relocation Plans Prepared ☐ Date: ☐Relocation Underway Relocation Complete ☐ Date: Authority to Advertise: Request Submitted ☐ Date: ARDOT Approval Received ☐ Date: Bid Opening Date: Concurrence in Award: Request Submitted ☐ Date: ARDOT Approval Received ☐ Date: Contract Executed Date: Construction: Progress (%) Estimated Completion Date: Project Completed Date: ARDOT Contact: Rev. 10-2-2023 ☐ ☐ Form LPA-020 CHANGE ORDER FORM Form LPA-022 ARDOT JOB NO.:F.A.P. No.:CHANGE ORDER NO.: JOB NAME:DATE PREPARED: OWNER:PREPARED BY: CONTRACTOR: DESCRIPTION OF CHANGE(S): JUSTIFICATION / REASON FOR CHANGE(S): AMOUNT QUANTITY -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTALS:-$ -$ -$ -$ -$ -$ -$ SUMMARY ITEM NO.ITEM UNIT UNIT PRICE PRESENT REVISED QUANTITY AMOUNT -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Prepared by ARDOT Page 1 of 2 Revised: 8/10/2023 CHANGE ORDER FORM Form LPA-022 CHANGES TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS THE CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE (INCREASED) / (DECREASED) BY THE NEW CONTRACT PRICE, INCLUDING THIS CHANGE ORDER, WILL BE CHANGES TO CONTRACT TIME: THE CURRENT CONTRACT TIME DAYS THE CONTRACT TIME WILL BE (INCREASED) / (DECREASED) BY DAYS THE CONTRACT PERIOD, INCLUDING THIS CHANGE ORDER, SHALL BE DAYS APPROVALS: CONTRACTOR: [INSERT CONTRACTOR NAME HERE] Signature Date Signature Date OWNER: [INSERT OWNER NAME HERE]ARDOT RESIDENT ENGINEER CONCURS Signature Date Signature Date ARDOT LOCAL PROGRAMS APPROVES Signature Date -$ ENGINEER: [INSERT ENGINEER NAME HERE] -$ Prepared by ARDOT Page 2 of 2 Revised: 8/10/2023 Form LPA-029 Title VI Requirements and Responsibilities Title VI of the Civil Rights Act of 1964, prohibits discrimination based upon race, color, and national origin. Specifically, 42 USC 2000d states that “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” ARDOT is a recipient of federal funds from the U.S. Department of Transportation modal agencies, including the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA). All recipients/subrecipients of federal funding must comply with the requirements of Title VI of the Civil Rights Act of 1964 and other nondiscrimination statues, regulation, and authorities. Therefore, the sponsor (subrecipient) must also comply with the requirements of Title VI and its responsibilities. Upon receipt of ARDOT reimbursement, the subrecipient will be required to establish Title VI compliance. ARDOT’s Title VI Coordinator or designee will contact the subrecipient to request the following information: • Name of designated Title VI/ADA/Section 504 Coordinator • Notice of Nondiscrimination • Complaint Procedure and Process • Complaint Form • Standard USDOT Title VI/Non-Discrimination Assurances o Must be signed annually by highest ranking official The Title VI Coordinator or designee will assist the subrecipient in establishing the information as needed. For further information or inquiries, please contact the Civil Rights Division at 501-569-2299. Form LPA-031 Please Print on Sponsor Letterhead (Request for ARDOT On-call Consultant) DATE Mr. David Siskowski Division Head – Local Programs Arkansas Department of Transportation P. O. Box 2261 Little Rock, AR 72203 Re: Job # Job Name County Dear Mr. Siskowski: We are interested in the Department contracting with an on-call consultant on our behalf. This letter certifies our understanding that, as the Sponsor, we remain responsible for the duties and functions outlined in the Agreement of Understanding, including full project management of the referenced project. Should an on-call consultant be assigned, their services would be limited to the [INDICATE PHASE(S) (i.e. Planning, Design, Environmental, Right of Way, Utility Relocation, and/or Construction Engineering)] phase(s). We also acknowledge that the Department retains full discretion in selecting the on-call consultant. We understand that this decision may be based on factors including but not limited to current availability, workload, qualifications, and geographic location of the project. Sincerely, NAME & OFFICE (Sponsor’s CEO)