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CITY OF FAYETTEVILLE
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AGREEMENT FOR ENGINEERING SERVICES
STATE OF ARKANSAS
7
COUNTY OF WASHINGTON
This Agreement entered into and executed this /6,,4 day of Apr/
1996, by and between the City of Fayetteville, acting by and through its Mayor ,
hereinafter called the "OWNER" and Northwest Engineers, a division of Crafton,
Tull & Associates, Inc., with offices in Fayetteville, Arkansas, hereinafter called
the "ENGINEER".
WITNESSETH:
Whereas, the "OWNER" is planning to reconstruct Joyce Street between Old Wire
Road and Highway 265, and
Whereas, the "OWNER'S" forces are fully employed on other urgent work that
prevents their early assignment to the aforementioned work; and
Whereas, the "ENGINEER'S" staff is adequate and well qualified and it has been
determined that its current workload will permit completion of the plans for the
project on schedule;
Now therefore, it is considered to be in the best public interest for the "OWNER"
to obtain assistance of the "ENGINEER'S" organization in connection with said
engineering services. In consideration of the faithful performance of each party of
the mutual covenants and agreements set forth hereinafter, it is mutually agreed
as follows:
SECTION I - EMPLOYMENT OF ENGINEER
The OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER"
agrees to perform, professional engineering services in connection with the project
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set forth in the Sections to follow; and the "OWNER" agrees to pay and the
"ENGINEER" agrees to accept, as specified in the Sections to follow as full and
final compensation for work accomplished in the specified time.
SECTION II - DESCRIPTION OF THE PROJECT
The reconstruction of Joyce Street between Old Wire Road and Highway 265 will
consist of a four -lane concrete surface, forty-nine feet wide from back of curb to
back of curb, with a concrete sidewalk on the south side and an asphalt trail on
the north side. All design criteria including drainage improvements shall meet the
"OWNERS" present pavement and drainage design criteria.
SECTION III - INFORMATION AND SERVICES
The "OWNER" will furnish any specifications, standards and other information
which may relate to the project including GPS survey data. Aerial mapping data
will be provided, free of charge, to the ENGINEER on magnetic media.
SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING
"DESIGN" PHASE
The project will be designed and constructed to meet local street standards in
accordance with the "OWNER'S" pavement design and drainage criteria.
Construction specifications shall be based on "Standard Specifications for
Highway Construction Edition 1993 of the AHTD" and latest special provisions
and City of Fayetteville Specifications. The design concept with regard to street
alignment, pavement section, geometrics, detours, right-of-way, and utility
relocation shall be submitted by the "ENGINEER" (in the form of a Preliminary
Engineering Assessment) and approved by the "OWNER" prior to beginning design
work.
The "ENGINEER" shall provide all field survey data from field work for designing
the project and this shall be tied to the "OWNER'S" GPS control network.
The "ENGINEER" shall be responsible for obtaining, interpreting and evaluating
geotechnical data for pavement design and embankment stability.
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The ENGINEER" shall conduct preliminary design and prepare preliminary
construction limits, perform all needed stability analyses, design of detours where
needed, and preparation of maintenance of traffic plans detailing needed signing
and striping during construction, as well as for permanent application after the
completion of street construction.
The "ENGINEER" shall furnish plans to all utility companies affected by the project
and shall conduct a coordination meeting among all affected utility companies to
enable them to develop utility agreements regarding any necessary utility
relocations.
During the "design" phase of the project, the "ENGINEER" shall conduct final
designs to prepare construction plans and specifications, including final
construction details and quantities, special provisions, cost estimates, make final
field inspection with "OWNER", make any needed plan changes as a result of the
final field inspection and all other work required to advertise and receive bids.
Prior to the start of construction, the "ENGINEER" shall establish benchmarks for
elevation control and tie layout work to Fayetteville's GPS and provide centerline
construction reference points/alignment to all PCs, PTs, and at POTs where
necessary for the proposed roadway.
SECTION V - COORDINATION WITH "OWNER"
The "ENGINEER" shall hold conferences throughout the design of the project with
representatives of the "OWNER" to the end that the design, as perfected shall
have full benefit of the "OWNER'S" knowledge and be consistent with the current
policies and construction practices of the "OWNER". The OWNER" reserves the
right to accept or reject any or all plans, but this stipulation will not relieve the
"ENGINEER" of responsibility for the design of the project.
SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK
Review of the work as it progresses under this Agreement shall be made at the
"OWNER'S" City Engineer's Office.
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SECTION VII - PRELIMINARY SUBMISSION
The preliminary submission shall be at the 35% completion stage of the design
and preparation of the Plans and Specifications. The "ENGINEER" shall submit
three (3) sets of preliminary plans for review.
SECTION VIII - FINAL SUBMISSION
The final submission for the construction contract shall consist of the following:
A. One (1) copy of all design calculations.
B. The originals of all drawings, specifications and contract documents. All
design drawings on magnetic media shall be submitted on disks compatible
with AutoCAD Release 12 Software.
C. The estimated cost of construction and a detailed estimate of time in
calendar days required for completion of the contract.
SECTION IX - ENGINEER RESPONSIBLITY DURING "BIDDING" AND
"CONSTRUCTION" PHASES
During the "Bidding" phase of the project, the "ENGINEER" shall provide all
engineering and administrative services needed to obtain bids for the construction
project, evaluate the bias, and consult with and advise the "OWNER" as to the
acceptability of the best bidder.
During the "Construction" phase of work, the "ENGINEER" shall provide
administrative and engineering services, including resident construction
observation services to determine whether the Contractor has met the
requirements of the design plans and specifications. The ENGINEER" shall review
the Contractor's progress payment requests based on the actual quantities of
contract items completed and accepted, and shall make recommendation to the
"OWNER" regarding payment.
SECTION X - SUBCONTRACTING
Subcontracting by the "ENGINEER" of any of the services provided herein, other
than the subcontract with Geo -Tech, as attached to this Agreement, shall require
prior approval by the "OWNER".
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SECTION XI - TIME OF BEGINNING AND COMPLETION
The "ENGINEER" shall begin work under this Agreement within ten (10) days of
notice to proceed and shall complete the plans for the construction contract within
120 calendar days.
The above completion time is predicated upon the fact that the "OWNER" will
cause to be processed approvals of interim work in an expeditious manner (5
working days per submittal).
SECTION XII - FEES AND PAYMENTS
A. "Design" Phase Services - For and in consideration of, the services to be
rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on
the basis of actual salary costs for work -time directly connected with work
chargeable to the project, plus payroll additives and general overhead cost
of 147.84 of direct labor costs, (plus direct reimbursable expenses
associated with the project), plus a fixed fee, which are payable as follows:
''Design" phase services. Costs not to exceed:
Fixed fee for "Design' services:
Engineering contract amount for "Design" phase services not
to exceed:
:403)3:071!::
,
4•44499Q,
The basis of this upper limit and justification for the fee is contained in
Appendix "A" attached hereto. Adjustment of the upper limit may be made
should the "ENGINEER" establish and the "OWNER" agree that there has
been or is to be a significant change in scope, complexity or character of
the services to be performed; or if the "OWNER" decides to shorten the
duration of work from the time period specified in the Agreement for
completion of work and such modification warrants such adjustment.
Appendix "8" covers the classification of personnel and the salary rate for
all personnel anticipated to be assigned to this project by the "ENGINEER".
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Final payment for Design Services shall be made upon the "OWNER'S"
approval and acceptance with the satisfactory completion of the "Design"
phase for the project.
B. "Bidding" Phase Services - For "bidding" phase services rendered by the
"ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of salary
costs for work -time directly connected with the project, plus payroll
additives and general overhead costs of 147.84 of direct labor costs (plus
direct reimbursable expenses associated with the project), Plus a fixed fee
which are payable as follows:
'Bidding" phase services cost not to exceed:
Fixed fee for "Bidding" services:
Engineering contract amount for "Bidding" phase services
• not to exceed:
Final payment for "Bidding" phase services shall be made upon the
"OWNER'S" approval and acceptance with the satisfactory completion of
the "Bidding" phase of the project.
C. "Construction" Phase Services - For construction phase services rendered
by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis
of salary costs for work -time directly connected with the project, plus
payroll additives and general overhead costs of 147.84 of direct labor costs
(plus direct reimbursable expenses associated with the project), plus a fixed
fee, which are as follows:
"Consuuction" phase services costs not to exceed:
- Fixed fee for "construction" phase services
• Engineering contract amount for "Construction"
services not to Exceed:
(based upon an assumed construction period not to
180 calendar days).
4 28;896
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$‘' 4.1q3,.$4,
phase
; 4 33 000 00
exceed
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Final payment for "Construction" phase services shall be made upon the
"OWNERS' approval and acceptance with the satisfactory completion of the
"construction" phase of the project.
D. "Geotechnical" Investigation Services - For geotechnical investigative
services associated with design, the "OWNER" shall pay the "ENGINEER" a
fee not to exceed $ 3.630.00. The basis of this upper limit and justification
for the fee is contained in Appendix "C", attached hereto, which is a
geotechnical proposal from McClelland Engineers of Fayetteville, Arkansas.
E. "Special" Services - For "Special" services, such as construction staking,
the "OWNER" shall pay the "ENGINEER" as follows:
1) For "Construction Staking" services, the "ENGINEER" shall establish
roadway centerline rough -grade staking with offset staking on one side
at 100 -ft. stations, establish curb and gutter staking on both sides at
100 -ft. stations along tangents and 50 -ft. stations along curves, and
perform drainage structures staking. This construction staking is to be
performed by the "ENGINEER" one time only, with addition& staking to
be the responsibility of the Contractor. For this work, the "OWNER"
shall pay the "ENGINEER" on the basis of actual salary cost for work -
time directly connected with construction staking, plus payroll additives
and general overhead costs of 147.84 of direct labor costs, plus direct
reimbursable expenses, plus a fixed fee payable as follows:
"Construction Staking" costs not to exceed:
Fixed fee for "Construction Staking:"
Engineering contract amount for "Construction Staking"
services not to exceed:
$ s,o9o.op
SECTION XIII - CHANGES
The "OWNER" may at any time, by written order, make changes within the general
scope of the contract in the work and services to be performed. If any such
change causes an increase or decrease in the cost of, or the time required for,
performance of this contract, an equitable increase or decrease shall be made in
the upper limit contract amount, including fee or time of required performance, or
both, and the contract shall be modified in writing accordingly.
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Any claim by the "ENGINEER" for adjustment under this clause must be asserted
within thirty (30) days from the date of receipt by the "ENGINEER" of the
notification of change; provided, however, that the "OWNER", if it decides that
the facts justify such action, may receive and act upon any such claim asserted at
any time prior to the date of final payment under this contract. Failure to agree to
any adjustment shall be cause for a dispute concerning a question of fact within
the meaning of the clause of this contract entitled SECTION XVII -
MISCELLANEOUS PROVISIONS, (1) Dispute Resolutions. However, nothing in this
clause shall excuse the "ENGINEER" from proceeding with the contract as
changed.
SECTION XIV - OWNERSHIP OF DOCUMENTS
All documents, including original drawings, disks of CADD drawings and cross
sections, estimates, specification field notes, and data are and remain the property
of the "OWNER". The "ENGINEER" may retain reproduced copies of drawings and
copies of other documents.
SECTION XV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT
It is understood that the "OWNER" will have the right to suspend or cancel the
work at any time.
A Postponement - Should the "OWNER", for any reason whatsoever, decide to
postpone the work at any time, the "OWNER" will notify the "ENGINEER",
who will immediately suspend work. Should the "OWNER" decide during
such suspension not to resume the work, or should such suspension not be
terminated within a year, the work shall be canceled as hereinafter provided.
B. Cancellation - Should the "OWNER", for any reason whatsoever, decide to
cancel or to terminate the use of the "ENGINEER'S" service, the "OWNER"
will give written notice thereof to the "ENGINEER", who will immediately
terminate the work. If the "OWNER" so elects, the 'ENGINEER" may be
instructed to bring a reasonable stage of completion to those items whose
value would otherwise be lost. The "ENGINEER" shall turn over all data,
charts, survey notes, figures, drawings and other records or information
collected or produced hereunder whether partial or complete. Upon such
termination of the "ENGINEERS" services, the "ENGINEER" shall be paid on
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a proportional amount of the total fee, less prior partial payments, based on
the ratio of work done to the total amount of work performed.
SECTION XVII - MISCELLANEOUS PROVISIONS
1. Dispute resolution - Any dispute concerning a question of fact in connection
with the work and having a financial value of $10,000, or less, shall be
referred for determination to the Mayor of the City of Fayetteville whose
decisions in the matter shall be final and conclusive. Disputes resulting from
claims greater than $10,000 shall be subject to mediation.
2. Responsibility for Claims and Liability - The "ENGINEER" shall save harmless
the "OWNER" from all claim and liability due to its (the "ENGINEER'S")
activities, or those subcontractors, its agents, or its employees during the
time this contract is in force.
3. General Compliance with Laws - The "ENGINEER" shall comply with all
federal, state and local laws and ordinances applicable to the work. It shall
be a professional engineer, licensed in the State of Arkansas.
4. ENGINEER'S Endorsement - The ENGINEER" shall endorse and recommend
all plans, specifications, estimates and engineering data finished by it. All
design shall be checked in accordance with accepted engineering practices.
All plan quantities shall be checked and verified.
SECTION XVIII - SUCCESSORS AND ASSIGNS
The "OWNER" and the "ENGINEER" each binds itself and its partners, successors,
executors, administrators, and assigns to the other party of this Agreement,
except as above, neither the "OWNER" nor the "ENGINEER" shall assign, sublet or
transfer its interest in this Agreement without written consent of the other.
Nothing herein shall be construed as creating any possible personal liability on the
part of any officer or agent of any public body which may be party hereto.
SECTION XIX - COVENANT AGAINST CONTINGENT FEES
The "ENGINEER" warrants that it has not employed or retained by company or
person, other than a bona fide employee working solely for the "ENGINEER", to
solicit or secure this contract, and that it has not paid or agreed to pay any
company of person, other than a bona fide employee working solely for the
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"ENGINEER", any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this
contract or breach or violation of this warranty, the "OWNER" shall have the right
to annul this contract without liability.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed as of the date and year first herein written.
ATTEF.
(f/24L,
CITY OF FAYETTEVILLE
By:
NORTHWEST ENGINEERS
By:
Robert E. (Gene) Reece
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SCOPE OF SERVICES / MANHOUR ESTIMATE APPENDIX A
IMPROVEMENTS TO JOYCE BLVD.
FAYETTEVILLE, ARKANSAS
MARCH, 1996
DESIGN PHASE SERVICES
Manhour Estimate
Pagel of 3
ITEM SURV. LAND CLRC. ENGR. DSGN. PROJ SUPR.
NO. ITEM DESCRIPTION CREW SURV. ASNT. TECH ENGR. ENGR. ENGR.
1 Topographic Survey - X -section exist.
roadway, locate all exist. utilities,
and right-of-way. Reduce data and
prepare base topo plan.
2 Set prelim. horiz./vert. alignment,
and prepare prelim. alignment plans.
3 Prepare prelim. detour and maintenance
of traffic plan.
4 Design pavement section, and prepare
prelim. typical sections.
5 Prepare prelim. drainage plan.
48.0 16.0 24.0 16.0 8.0 2.0
40.0 24.0 8.0 4.0
24.0 24.0 4.0 2.0
16.0 16.0 4.0 2.0
16.0 24.0 4.0 2.0
6 Prepare a Preliminary Engineering 4.0 8.0 16.0 8.0 2.0
Assessment, and submit it with Prelim.
Plans to City for review.
7 Meet with utility companies, and 4.0 4.0
review/coordinate utility relocation
requirements.
8 Set final geometry, and prepare plan
and profile sheets.
40.0 40.0 4.0 4.0
9 Prepare final drainage plan, and 4.0 40.0 24.0 4.0 4.0
computations for the project. Include
final drainage design on plan sheets.
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SCOPE OF SERVICES / MANHOUR ESTIMATE APPENDIX A
IMPROVEMENTS TO JOYCE BLVD.
FAYETTEVILLE, ARKANSAS
MARCH, 1996
DESIGN PHt-SE SERVICES
Manhour Estimate
Page 2 of 3
ITEM SURV. LAND CLRC. ENGR. DSGN. PROJ SUPR.
NO. ITEM DESCRIPTION CREW SURV. ASNT. TECH ENGR. ENGR. ENGR.
10 Prepare final typical sections and 32.0 16.0 4.0 2.0
details for the project.
11 Prepare X -sections. 24.0 8.0 4.0 2.0
12 Prepare specifications and contract 4.0 8.0 24.0 16.0 4.0
documents for the project.
13 Submit final construction documents to
the City for review.
4.0 4.0 2.0
14 Revise plans and specifications per 8.0 40.0 40.0 8.0 4.0
City review.
15 Submit revised/completed construction
documents
4.0 4.0 2.0
16 Attend required City meetings - 24.0 8.0
design coord., Council meetings, etc.
BIDDING PHASE SERVICES
48.0 16.0 28.0 312.0 272.0 112.0 50.0
Manhour Estimate
ITEM CLRC. PROJ SUPR.
NO. ITEM DESCRIPTION ASNT. ENGR. ENGR.
1 Prepare final bid packages, advertise
for bids, and assist in the bidding
process.
16.0 16.0 8.0
16.0 16.0 8.0
\
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SCOPE OF SERVICES / MANHOUR ESTIMATE APPENDIX A
IMPROVEMENTS TO JOYCE BLVD.
FAYETTEVILLE, ARKANSAS
MARCH, 1996
Page 3 o13
CONSTRUCTION PHASE SERVICES
ITEM
NO. ITEM DESCRIPTION ASNT. INSP. ENGR. ENGR. ENGR.
Manhour Estimate
CLRC. ENGR. DSGN. PROJ SUPR.
1 Construction inspection and
preparation of monthly inspection
reports (180 day construction).
CONSTRUCTION STAKING SERVICES
ITEM
NO.
ITEM DESCRIPTION
24.0 750.0 32.0 40.0 24.0
24.0 750.0 24.0 40.0 24.0
Manhour Estimate
SURV. LAND
CREW SURV.
1 Stake C.L. grade, curb both sides
at 100 -ft. sta. and storm drainage.
120.0 40.0
120.0 40.0
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MANHOUR SUMMARY / FEE ESTIMATE APPENDIX B
IMPROVEMENTS TO JOYCE BLVD.
FAYETTEVILLE, ARKANSAS
MARCH, 1996
MANHOUR SUMMARY
DESIGN PHASE SERVICES
Pagel of 2
UNITS RATE TOTAL
Survey Instrument Man
Survey Party Chief
Land Surveyor
Clerical Assistant
Engineering Technician
Design Engineer
Project Engineer
Supervising Engineer
Total Direct Labor
Overhead (147.84%)
Fixed Fee
48.0 Hours $10.00 $480.00
48.0 Hours $12.00 $576.00
16.0 Hours $17.50 $280.00
28.0 Hours $10.80 $302.40
312.0 Hours $12.00 $3,744.00
272.0 Hours $19.50 $5,304.00
112.0 Hours $25.20 $2,822.40
50.0 Hours $38.50 $1 925 00
$15,433.80
$22,817.33
$5,748.87
Sub -Total $44,000.00
BIDDING PHASE SERVICES UNITS RATE TOTAL
Clerical Assistant
Project Engineer
Supervising Engineer
Total Direct Labor
Overhead (147.84%)
Fixed Fee
16.0 Hours $10.80
16.0 Hours $25.20
8.0 Hours $38.50
$172.80
$403.20
$308.00
$884.00
$1,306.91
$359.09
Sub -Total $21550.00
CONSTRUCTION PHASE SERVICES UNITS RATE TOTAL
Clerical Assistant
Engineering Inspector
Design Engineer
Project Engineer
Supervising Engineer
Total Direct Labor
Overhead (147.84%)
Fixed Fee
Sub -Total
24.0 Hours $10.80 $259.20
750.0 Hours $12.00 $9,000.00
24.0 Hours $19.50 $468.00
40.0 Hours $25.20 $1,008.00
24.0 Hours $38.50 $924.00
$11,659.20
$17,236.96
$4,10184
$33,000.00
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MANHOUR SUMMARY / FEE ESTIMATE APPENDIX B
IMPROVEMENTS TO JOYCE BLVD.
FAYE i iEVILLE, ARKANSAS
MARCH, 1996
MANHOUR SUMMARY
CONSTRUCTION STAKING SERVICES
Page 2 of 2
UNITS RATE TOTAL
Survey Instrument Man
Survey Party Chief
Land Surveyor
Total Direct Labor
Overhead (147.84%)
Fixed Fee
96.0 Hours $10.00
96.0 Hours $12.00
40.0 Hours $17.50
$960.00
$1,152.00
$700.00
$2,812.00
S4,157.26
$1,030.74
Sub -Total $8,000.00
REIMBURSABLE EXPENSES UNITS RATE TOTAL
CADD Charges
CADD Plotter Charges
Printing & Reproduction
Geotechnical (Subconsultant)
312.0 Hours $20.00 $6,240.00
30.0 Sheets $18.00 $540.00
1000.0 Sheets $1.00 $1,000.00
$3,63o.00
Sub -Total $11,410.00
TOTAL FEE
$98,960.00
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RESOLUTION NO. s q
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A RESOLUTION AWARDING A ENGINEERING CONTRACT
IN THE AMOUNT OF $98,960, PLUS A 10% CONTINGENCY
IN THE AMOUNT OF $9,896, TO NORTHWEST ENGINEERS,
A DIVISION OF CRAFTON, TULL & ASSOCIATES, FOR
JOYCE BOULEVARD IMPROVEMENTS FROM OLD
MISSOURI ROAD TO HIGHWAY 265.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The City Council hereby awards a engineering contract in the amount of
$98,960, plus a 10% contingency in the amount of $9,896 to Northwest Engineers, a division
of Crofton, Tull & Associates, for Joyce Boulevard improvements from Old Missouri Road to
Highway 265 and, authorizes the Mayor and City Clerk to execute same. A copy of the contract
is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 16th day of Mini , 1996.
ATTEST.
By:
Traci Paul, Ci
•.
des.'
Clerk
APPROVED:
By:
nut—
red Hanna, Mayor