HomeMy WebLinkAbout2021-02-23 - Agendas - FinalCITY OF
FAYETTEVILLE
W4V ARKANSAS
MEETING AGENDA
City Council Transportation Committee
Tuesday, February 23rd, 2021
5:30 pm or Immediately Following Agenda Session
NOTICE: THE TRANSPORTATION COMMITTEE WILL BE HELD VIRTUALLY WITH NO
PHYSICAL LOCATION TO ATTEND
VIDEO CONFERENCING BY ZOOM WILL BE USED FOR THIS MEETING. TO REGISTER
FOR THE MEETING GO TO THIS LINK: REGISTRATION
Members: Matthew Petty, Chairperson; Sarah Bunch; Sonia Gutierrez; Holly Hertzberg
City Staff: Chris Brown, City Engineer; Terry Gulley, Transportation Director
Agenda:
1. Old Business:
A. None
2. New Business:
A. PARKING CODE REVISIONS: Review of proposed revisions to Chapter 72 Parking
Code and related chapters to allow additional flexibility in designing on street parking.
(Staff requests a recommendation from the Committee to the City Council on this
item.)
B. ON STREET PARKING SPACE REGULATIONS: Staff seeks the Committee's input
on how, if at all, to regulate newly added on -street parking spaces near its existing
parking district boundaries. Examples include:
i. Approximately 31 spaces along West Ave. as part of the Cultural Arts streetscape
improvements.
ii. Parking spaces associated with the West Ave./Prairie St. improvements project
iii. Other opportunities for more coordinated management within the area as
development continues.
C. NORTH STREET CORRIDOR: Review of a proposed contract with McClelland
Engineers for design of improvements to the North Street Corridor, between Garland
Avenue and Mission Boulevard.
D. INDUSTRIAL DRIVE EXTENSION: Review of a proposed contract with McClelland
Engineers for design of extension of Industrial Drive, to connect to City Lake Road.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
E. DRAFT ARKANSAS CODE AMENDMENTS: Review of a draft bill to amend state law
related to operation of a bicycle in crosswalks, and related to speed restrictions for
bicycle operation. This amendment proposes to treat bicycles in cross walks as
pedestrians, with the same rights and duties. Secondly, it imposes speed restrictions to
that which is reasonable and prudent. The Active Transportation approved a motion in
support of this bill at its last meeting; the administration requests feedback from the
Committee before taking a position. (Staff requests a recommendation from the
Committee to the Administration on this item.)
3. Reports:
A. Transportation Bond Program Update
B. Transportation Division Workplan Update
4. Adjourn
CITY OF
._ FAYETTEVILLE
ARKANSAS
TO: City Council Transportation Committee
THRU: Chris Brown, Public Works Director/City Engineer
FROM: Justin Clay, Parking Manager
DATE: February 19, 2021
STAFF MEMO
SUBJECT: Amending City Code §72.03 and §164.17 regarding distance requirements for on -street
parking near crosswalks and traffic signals at intersections
RECOMMENDATION:
Staff recommends amending City Code §72.03 and §164.17 to allow for greater flexibility and discretion in
certain instances when determining distance requirements for on -street parking spaces near crosswalks and
traffic signals at intersections and seeks a recommendation from the Transportation Committee.
BACKGROUND:
Current code established by Ordinance 1447 of 1965 prohibits on -street parking spaces within 20 feet of a
crosswalk at an intersection and within 30 feet upon the approach to any flashing beacon, stop sign or traffic
control signals located at the side of a roadway.
DISCUSSION:
Staff believes that these distance requirements are a necessary safety measure in certain scenarios to ensure
that adequate sight distances exist. However, staff also contends that certain scenarios may exist where these
distance requirements are overly restrictive, thereby eliminating otherwise safe on -street parking spaces.
Example scenarios where distance requirements may be reduced include 4-way or All -way stops or areas
where curb bump -outs are installed that clearly delineate defined space between a crosswalk or traffic signal.
The proposed code amendment would allow the City Engineer or Traffic Superintendent to use discretion in
determining whether an on -street parking space could be installed or even allowed to remain in certain
instances where the parking space is located within the otherwise prohibited distance. In making such a
determination, safety and adequate sight distance remain primary considerations in any scenario where
discretion is used to determine appropriate distance from crosswalks and traffic signals. Other sight
considerations include presence of street -trees, slope of street, other obstructions to visibility along street, and
historic function and known safety issues related to a specific area.
As various projects potentially add new marked on -street spaces (e.g. West Ave. streetscape improvements
from the Cultural Arts Corridor project, West Ave./Prairie St. improvements, or Dickson St. overlay), staff feels it
is important to establish requirements that maximize right-of-way use in a safe and practical manner.
In order to ensure consistency across code sections, staff also recommends amending §164.17 of the Unified
Development Code to allow similar flexibility and discretion at intersections in nonresidential districts.
BUDGET/STAFF IMPACT:
None
Attachments:
Amendment Language
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
72.03 - Parking Prohibited In Certain Places
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or
in compliance with the directions of a police officer or traffic -control device, in any of the following places:
(A) On a sidewalk.
(B) In front of a public or private driveway.
(C) Within an intersection.
(D) On a crosswalk.
(E) Within 15 feet of a fire hydrant.
(F) Within 20 feet of a crosswalk at an intersection.. unless otherwise authorized by the City Engineer or
Traffic Superintendent. At the discretion of the City Engineer or Traffic Superintendent, marked on -
street parking spaces may be allowed within 20 feet of a crosswalk at an intersection.
(G) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signals located
at the side of a roadway.. unless otherwise authorized by the City Engineer or Traffic Superintendent.
At the discretion of the City Engineer or Traffic Superintendent, marked on -street parking spaces
may be allowed within 30 feet upon the approach to any flashing beacon, stop sign or traffic control
signals located at the side of the roadway.
(Code 1965, §19-110; Ord. No. 1447, 6-7-65; Code 1991, §72.03; Ord. No. 5843 , §3, 1-19-16)
164.17 - Visibility At Intersections In Residential/Nonresidential Districts
(A)
Residential. On a corner lot in any residential district, nothing shall be erected, placed, planted, or
allowed to grow in such a manner as materially to impede vision between a height of 2'/2 feet above the
centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots
and a line adjoining points along said street lines 25 feet from the point of the intersection.
(B)
Nonresidential. On a corner lot in any nonresidential district, nothing shall be erected, placed, planted,
or allowed to grow, and no motor vehicle or mobile home shall be parked (unless in an on -street striped
space or location marked specifically for parking) in a manner as to materially impede vision between a
height of 2'/2 feet above the centerline grades of the intersecting streets in the area bounded by the
street lines of such corner lots and a line adjoining points along said street lines 10 feet from the point
of the intersection; provided, this restriction shall not be applicable to a corner lot located in a DC, MSC
or DG zoning district.
(Code 1965, App. A., Art. 8(1, 1.1); Ord. No. 1747, 6-29-70; Ord. No. 2193, 2-3-76; Code 1991,
§160.110; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5028, 6-19-07)
CITY OF
FAYETTEVILLE
ARKANSAS
W
MEETING OF MARCH 16, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: February 18, 2021
CITY COUNCIL MEMO
SUBJECT: Approval of a contract in the amount of $128,900.00 with McClelland
Consulting Engineers for the North Street Corridor Project and approval of
a budget adjustment, per RFQ 20-01, selection #22.
RECOMMENDATION:
Staff recommends approval of a contract in the amount of $128,900.00 with McClelland
Consulting Engineers. per RFQ 20-01, selection #22 to provide professional services for the
North Street Corridor Project and approval of a budget adjustment.
BACKGROUND:
This 2019 Transportation Bond Project extends along North Street from Garland Avenue to
Mission Boulevard. This corridor is an important east -west route for commuter traffic, that runs
through existing neighborhoods. The project will include a mix of congestion relief, capacity
improvements, pedestrian and bicycle facilities that will address issues for all users.
DISCUSSION:
On September 1, 2020, McClelland Consulting Engineers was selected by the selection
committee based on RFQ 20-01, selection #22. Staff has worked with MCE to prepare a
detailed scope of work and contract for this project. They have provided a proposed scope and
fee in the amount of $128,900.00 for the study and conceptual design of this project. Once the
conceptual design is complete, recommendations will be made on which specific design
projects the city should continue with to construction. At that point, a contract amendment can
be developed for the detailed design of these improvements.
The contract will be paid based on hourly rates for work completed, up to the total contract
amount. The conceptual design should be complete by June of 2021.
BUDGET/STAFF IMPACT:
The design for this project will be paid for with the funds from the 2019 Transportation Bond
Fund.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
MCE - Engineering Agreement
Budget Adjustment
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ENGINEER
THIS AGREEMENT is made as of , 2021, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF
FAYETTEVILLE) and ENGINEER (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in
connection with the evaluation, design, and/or construction supervision of capital improvement
projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual
covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in
those assignments to which this Agreement applies, and shall give consultation and advice to
CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall
be performed under the direction of a professional engineer registered in the State of Arkansas
and qualified in the particular field.
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY
OF FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as
Additional Services of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not
be allowed without a formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has
full responsibility for the engineering services.
Professional Engineering Services Contract - 02.12.2021
FY 19-2143
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services
of ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the
Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the assignment including previous reports and any other data relative
thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for
ENGINEER to perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other
documents presented by ENGINEER and render in writing decisions pertaining
thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The City Engineer
shall have complete authority to transmit instructions, receive information, interpret
and define CITY OF FAYETTEVILLE's policies and decisions with respect to
materials, equipment, elements and systems to be used in the Project, and other
matters pertinent to the services covered by this Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and
provide written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly
progress of the Project through completion of the services stated in the Agreement.
ENGINEER will proceed with providing the authorized services immediately upon receipt
of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include
the scope of the services authorized and the time in which the services are to be
completed. The anticipated schedule for this project is included as Appendix B.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $128,900.00. The
CITY OF FAYETTEVILLE shall compensate ENGINEER based on a hourly NTE basis
described in Appendix C.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
Professional Engineering Services Contract - 02.12.2021
FY20-2179 2
established, the billing schedule shall be maintained throughout the duration of the
Project. Applications for payment shall be made in accordance with a format to be
developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications
for payment shall be accompanied each month by the updated project schedule as
the basis for determining the value earned as the work is accomplished. Final
payment for professional services shall be made upon CITY OF FAYETTEVILLE's
approval and acceptance with the satisfactory completion of the study and report for
the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion
of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed
portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF
FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed
portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to
pay invoices within 30 days of date the invoice is approved, however, payment within
30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement
under this Agreement, ENGINEER shall execute and deliver to CITY OF
FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising
under or by virtue of this Agreement, except claims which are specifically exempted
by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement
or by State law or otherwise expressly agreed to by the parties to this Agreement,
final payment under this Agreement or settlement upon termination of this
Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against
ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in
United States Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Professional Engineering Services Contract - 02.12.2021
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
FY20-2179 3
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each
renewal of coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and
their officers, directors, agents, or employees for damage covered by property
insurance during and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE
will promptly report to ENGINEER any defects or suspected defects in ENGINEER's
services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can
take measures to minimize the consequences of such a defect. CITY OF
FAYETTEVILLE retains all remedies to recover for its damages caused by any
negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs
and schedules, operation and maintenance costs, equipment characteristics and
performance, and operating results are based on ENGINEER's experience,
qualifications, and judgment as a design professional. Since ENGINEER has no
control over weather, cost and availability of labor, material and equipment, labor
productivity, construction Contractors' procedures and methods, unavoidable delays,
construction Contractors' methods of determining prices, economic conditions,
competitive bidding or market conditions, and other factors affecting such cost
opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and
projections prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general
scope of ENGINEER's services, with an appropriate change in compensation and
schedule only after Fayetteville City Council approval of such proposed changes
and, upon execution of a mutually acceptable amendment or change order signed by
the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of
ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the
event of substantial failure by the other party to fulfill its obligations under this
Professional Engineering Services Contract - 02.12.2021
FY20-2179 4
Agreement through no fault of the terminating party, provided that no termination
may be effected unless the other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail,
return receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail,
return receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable
adjustment in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or
other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to
cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's
default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience
is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a
reasonable profit for services or other work performed. The equitable adjustment for
any termination shall provide for payment to ENGINEER for services rendered and
expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by ENGINEER relating to commitments which had become firm
prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above,
ENGINEER shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data,
drawings, specifications, reports, estimates, summaries and such other
information and materials as may have been accumulated by ENGINEER in
performing this Agreement, whether completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE
may take over the work and may award another party an agreement to complete the
work under this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the
termination shall be deemed to have been for the convenience of CITY OF
Professional Engineering Services Contract - 02.12.2021
FY20-2179 5
FAYETTEVILLE. In such event, adjustments of the agreement price shall be made
as provided in Paragraph 6.5.4 of this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control,
ENGINEER shall be entitled to additional compensation and time for reasonable
costs incurred by ENGINEER in temporarily closing down or delaying the Project.
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all
disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in
any way are related to, this Agreement, including, but not limited to the interpretation
of this Agreement, the enforcement of its terms, any acts, errors, or omissions of
CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and
disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first
negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated
prior to exhaustion of these procedures, such action shall be stayed, upon
application by either party to a court of proper jurisdiction, until the procedures in
Paragraphs 6.8.3 and 6.8.4 have been complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the
occurrence of any incident, action, or failure to act upon which a claim is based,
the party seeking relief shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident,
or first observance of defect or damage. In both instances, the Notice shall
specify the nature and amount of relief sought, the reason relief should be
granted, and the appropriate portions of this Agreement that authorize the relief
requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for
CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the
dispute. If the dispute cannot be resolved at that level, then, upon written request of
either side, the matter shall be referred to the President of ENGINEER and the
Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the
Project Site or such other location as is agreed upon within 30 days of the written
request to resolve the dispute.
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FY20-2179 6
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of
obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may
prepare publications, such as technical papers, articles for periodicals, and press
releases, pertaining to ENGINEER's services for the Project. Such publications will
be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's
advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and
provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF
FAYETTEVILLE may require deletion of proprietary data or confidential information
from such publications, but otherwise CITY OF FAYETTEVILLE will not
unreasonably withhold approval. The cost of ENGINEER's activities pertaining to
any such publication shall be for ENGINEER's account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER
from and against any and all loss where loss is caused or incurred or alleged to be
caused or incurred in whole or in part as a result of the negligence or other
actionable fault of the Contractors, or their employees, agents, Subcontractors, and
Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings,
CAD drawings, estimates, field notes, and project data are and remain the property
of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings
and copies of other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard
copy or electronic media prepared by ENGINEER as part of the Services shall
become the property of CITY OF FAYETTEVILLE when ENGINEER has been
compensated for all Services rendered, provided, however, that ENGINEER shall
have the unrestricted right to their use. ENGINEER shall, however, retain its rights in
its standard drawings details, specifications, databases, computer software, and
other proprietary property. Rights to intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced. ENGINEER makes no
warranty as to the compatibility of these files with any other system or software.
Because of the potential degradation of electronic medium over time, in the event of
a conflict between the sealed original drawings/hard copies and the electronic files,
the sealed drawings/hard copies will govern.
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6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the
appropriate party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
McClelland Consulting Engineers, Inc
1580 E. Stearns Street.
Fayetteville, Arkansas 72703
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to
the successors, executors, administrators, and assigns of such other party, in
respect to all covenants of this Agreement; except as above, neither CITY OF
FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the
Agreement without the written consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of
the State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY
OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms
thereon shall become a part of this Agreement. Said purchase order document,
whether or not signed by ENGINEER, shall be considered as a document for CITY
OF FAYETTEVILLE's internal management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way
relieve ENGINEER of responsibility for the technical adequacy of the work. Neither
CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any
of the services shall be construed as a waiver of any rights under this Agreement or
of any cause of action arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent
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FY20-2179 8
performance of any of the services furnished under this Agreement except for errors,
omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE
or CITY OF FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other
express or implied assurances under this Agreement or State law and in no way
diminish any other rights that CITY OF FAYETTEVILLE may have against
ENGINEER for faulty materials, equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims,
disputes and other matters in question between CITY OF FAYETTEVILLE and
ENGINEER arising out of or relating to this Agreement or the breach thereof will be
decided in a court of competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly
pertinent to performance on work under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied in effect on the
date of execution of this Agreement. ENGINEER shall also maintain the financial
information and data used by ENGINEER in the preparation of support of the cost
submission required for any negotiated agreement or change order and send to
CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF
FAYETTEVILLE, the State or any of their authorized representatives shall have
access to all such books, records, documents and other evidence for the purpose of
inspection, audit and copying during normal business hours. ENGINEER will provide
proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available
during performance on assisted work under this Agreement and until three years
from the date of final payment for the project. In addition, those records which relate
to any controversy arising out of such performance, or to costs or items to which an
audit exception has been taken, shall be maintained and made available until three
years after the date of resolution of such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000
affecting the price of any formally advertised, competitively awarded, fixed price
agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally
advertised, competitively awarded, fixed price agreement. However, this right of
access does not apply to a prime agreement, lower tier subagreement or
purchase order awarded after effective price competition, except:
Professional Engineering Services Contract - 02.12.2021
FY20-2179 9
7.3.3.3.1 With respect to record pertaining directly to subagreement performance,
excluding any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be
involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon an agreement of understanding for
a commission, percentage, brokerage or continent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by
ENGINEER for the purpose of securing business. For breach or violation of this
warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement
without liability or at its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any
of ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in
awarding, amending or making any determinations related to the performance of this
Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER
terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights
and remedies that the law or this Agreement provides. However, the existence of
the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and
may be reviewed in proceedings under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could
pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in
addition to any other damages to which it may be entitled by law, CITY OF
FAYETTEVILLE may pursue exemplary damages in an amount (as determined by
CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten
times the costs ENGINEER incurs in providing any such gratuities to any such officer
or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of
subcontractors and sub -consultants, prepared while performing City contractual work
are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of
Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER
will do everything possible to provide the documents in a prompt and timely manner
as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et
Professional Engineering Services Contract - 02.12.2021
FY20-2179 10
seq.). Only legally authorized photocopying costs pursuant to the FOIA may be
assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor,
and ENGINEER, by its authorized officer have made and executed this Agreement as of the day
and year first above written.
OWNER
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor, Lioneld Jordan
ATTEST:
By:
City Clerk
ENGINEER
McCLELLAND CONSULTING ENGINEERS
By:
Title:
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Professional Engineering Services Contract - 02.12.2021
FY20-2179 11
APPENDIX 'A'
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
NORTH STREET CORRIDOR IMPROVEMENTS
1. Scope of Project
The scope of work and design tasks associated with the Corridor Improvements on North
Street from Garland Avenue to Mission Boulevard, a distance of approximately 7,850 LF, are
as follows;
i) Develop concept (30%) design for sidewalk and pedestrian improvements between
Garland Ave. and Gregg Ave., to include:
• Pedestrian safety improvements at intersection approaches of Garland Ave., North St.
and Wedington. Advise as to impact on current signal operation.
• Continuous sidewalk with greenspace along north side of street between Garland Ave.
and Gregg Ave., approx. distance 2,600 LF.
• Continuous sidewalk at back of curb, using a downtown/urban section along south
side of street between Garland Ave. to Leverett Ave., approx. distance 1,300 LF.
• Crossing safety improvements at Lindell Ave. and Mount Comfort Rd. Consider option
of closing Mount Comfort Road at North Street or reduction in lane widths.
• Evaluate need for, and means of, improving traffic movements at intersection of North
St. and Leverett Ave., notably east -west directions.
• Intersection crossing improvements at Gregg Ave.
• Identify utility concerns and/or relocation needs with City.
• Consider addition of lighting and landscaping/trees along corridor section.
• Design shall comply with City MSP (unless otherwise agreed), ADA and AASHTO
requirements/guidelines.
ii) Develop concept (30%) design for sidewalk and pedestrian improvements between Gregg
Ave. and Mission Blvd., to include:
• Continuous sidewalk along one side of North St.;
o Gregg Ave. to College Ave., approx. distance 2,750 LF.
o College Ave. to Mission Blvd., approx. distance 2,500 LF.
• Intersection improvements at North St. and College Ave. to improve intersection
capacity and eliminate the split phase operation of signals. To include consideration of
adding dedicated WBRTL on North St.
• Evaluate alternatives for intersection improvements at North St. and Hillcrest Ave., to
include option of signalization.
• Identify utility concerns and/or relocation needs with City.
• Consider addition of lighting and landscaping/trees along corridor section.
• Design shall comply with City MSP (unless otherwise agreed), ADA and AASHTO
requirements/guidelines.
APPENDIX A — Scope of Services A-1 FY20-2179
North St. Corridor Improvements
iii) Topographic Survey and Boundary Resolution;
• Complete a detailed topographic survey of the project area of approx. 7,800 LF length.
Detail items typically shown include (but not limited to): finished floor elevations to
adjacent buildings, contours, curb & gutter, flowlines, utility poles and structures,
roads, sidewalks, trees, storm water and sanitary sewer manholes and utility markers
where provided by utility location service.
• Complete records research, field research and boundary resolution of approximately
60 parcels estimated as being within the project limits. The property lines and right-of-
way's will be located and shown only on topographic survey and engineering
drawings. Easements will be established from City GIS.
iv) Meetings and Coordination (Public, Private and City);
• Design Meetings with City after each submittal milestone to discuss City comments.
• Prepare exhibits and documentation for public forums, to include; Transportation
Committee, City staff, landowners and general public, for either in -person or virtual
meetings. To include color rendering of project concept for City website.
• Evaluate comments and concerns from discussions with City.
• Coordinate with Crafton Tull concerning project limits and design at the intersection of
North St. and Mission Blvd.
2. Basic Services
The Basic Services of the ENGINEER as described in the agreement shall be as
stated in the Scope of Project above, and are limited to development of concepts
within the limits of the defined road corridor to 30% design. Upon selection of a project
concept, Engineer shall submit an amendment to this agreement to complete detailed
design, geotechnical and ROW/Easement acquisition documents.
3. Project Deliverables
a. Concept drawings for proposed corridor improvements for 30% milestone,
submittal to be in electronic form.
b. Construction cost estimate.
C. Plan of existing Right -Of -Way and Easements along corridor.
APPENDIX A — Scope of Services A-2 FY20-2179
North St. Corridor Improvements
APPENDIX 'B'
SCHEDULE
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
NORTH STREET CORRIDOR IMPROVEMENTS
Task blame Start Finish
- 2D2179- North St. Corridor Improvements
02112121
12130121
Fee Proposal -Final
02112J21
a2112f21
Proposal to Council
03102121
i}3M 21
Topographic Survey
0310N21
a41d2t21
Boundary Survey
0310N21
a41d2121
30% Design (Conceptual)
04105121
D5114121
City Review (30% Design)
05117121
WD4121
APPENDIX B — Scope of Services B-1 FY20-2179
North St. Corridor Improvements
APPENDIX "C"
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
NORTH STREET CORRIDOR IMPROVEMENTS
CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered an
amount equal to the cumulative hours charged to the Project for each class of
ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the
attached Exhibit 1", plus approved Reimbursable Expenses and ENGINEER's
Consultant charges, if any. ENGINEER's Hourly Rates as shown on the attached
Exhibit 1" shall be adjusted annually each January 1. For ENGINEER's Consultant
charges, the CITY OF FAYETTEVILLE shall pay the ENGINEER the amount billed to
the ENGINEER times a factor of 1.00.
Basic Services: Payment by CITY OF FAYETTEVILLE based on ENGINEER's
Hourly Rates shall approximate the following schedule. Payment for a specific phase
shall not exceed the scheduled amount prior to completion of that phase. Underruns
in one phase may be used to offset overruns in another phase as long as the contract
amount is not exceeded.
Concept Design $ 67,500.00
Topographic Survey $ 29,150.00
Property Boundary Resolution $ 26,750.00
SUB -TOTAL Basic Services $ 123.400.00
Additional Services: Any and all Additional Services must be approved, and
maximum amount to be paid for said services agreed to, in writing by CITY OF
FAYETTEVILLE prior to rendering of same. CITY OF FAYETTEVILLE shall pay
ENGINEER for Additional Services rendered an amount equal to the cumulative
hours charged to the Project for each class of ENGINEER's employees multiplied by
ENGINEER'S Hourly Rates as shown on the Attached Exhibit 1", plus approved
Reimbursable Expenses and ENGINEER'S Consultant charges, if any. For
ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall pay the
ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
• CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable
Expenses incurred in connection with Basic and Additional Services. Reimbursable
Expenses must be approved by the CITY OF FAYETTEVILLE prior to the incurrence
of such expenses. The estimated amount of Reimbursable Expenses to be incurred
in connection with Basic Services is:
APPENDIX C — Scope of Services C-1 FY20-2179
North St. Corridor Improvements
SUB -TOTAL Reimbursable Expenses $ 5,500.00
The maximum payment to the ENGINEER for all of the Basic Services and
Reimbursable Expenses identified within this Agreement shall NOT exceed
$128,900.00 in total.
• ENGINEER shall submit invoices monthly for services rendered and expenses borne.
The invoices shall be accompanied by a copy of the timesheets for all ENGINEER's
personnel working on the project.
The Hourly Rates used as a basis for payment mean salaries and wages (basic and
incentive) paid to all personnel engaged directly on the PROJECT, including, but not
limited to, engineers, architects, surveyors, designers, draftsman, specification
writers, estimators, other technical personnel, stenographers, typists and clerks; plus
the cost of customary and statutory benefits including, but not limited to, social
security contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, sick leave, vacation and
holiday pay applicable thereto; plus operating margin or profit, non -project operating
costs, and all general and administrative overhead costs, including but not limited to,
furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment.
Reimbursable Expenses mean the actual expenses incurred directly or indirectly in
connection with the PROJECT for printing and reproduction costs and ENGINEER's
consultant charges. Any and all expenditures for reimbursable expenses must be
approved by the CITY OF FAYETTEVILLE prior to rendering or obtaining same.
Overtime salary costs are not considered Reimbursable Expenses.
APPENDIX C — Scope of Services C-2 FY20-2179
North St. Corridor Improvements
EXHIBIT 1
MrMcCLELLAND
CONSULTING ,E
exammezIm ENGINEERS, INC
2021
McCLELLAND CONSULTING ENGINEERS, INC.
*STANDARD HOURLY RATES
Chief Draftsman
$95 - $110
Clerical
$45 - $75
Construction Observer
$70 - $140
Draftsman
$65 - $95
Environmental Scientist/Designer
$105 - $120
Geotech Engineer
$85 - $170
HR/Payroll Admin
$75-$100
Landscape Architect
$90 - $140
Media Specialist
$80 - $100
Principal
$160 - $230
Project Accountant
$70 - $155
Project Designer
$80 - $140
Project Engineer
$120 - $175
Project Manager
$120 - $200
Registered Land Surveyor
$95 - $140
Soils Lab Technician
$50 - $135
Specification Writer
$50 - $90
Sr. Project Manager
$140 - $230
Survey (2 man or Robotic) Crew
$115 - $160
Survey (3 man) Crew
$135 - $195
Survey Field (1 Man or Rodman)
$45 - $105
Survey GPS
$75 - $130
Survey Technician
$65 - $95
Water Lab Supervisor
$70 - $120
Water Lab Tech
$50 - $95
Expenses
@ Cost
Mileage
.560/mi
* Standard Hourly Rates may be adjusted annually in accordance with
the normal salary review practices of McClelland Consulting Engineers.
CITY OF
FAYETTEVILLE
ARKANSAS
W
MEETING OF APRIL 6, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Matt Casey, Engineering Design Manager
DATE: February 18, 2021
CITY COUNCIL MEMO
SUBJECT: Approval of a contract in the amount of $308,185.00 with McClelland
Consulting Engineers for the Industrial Drive Extension Project and
approval of a budget adjustment, per RFQ 20-01, selection #25.
RECOMMENDATION:
Staff recommends approval of a contract in the amount of $308,185.00 with McClelland
Consulting Engineers for the Industrial Drive Extension Project and approval of a budget
adjustment, per RFQ 20-01, selection #25.
BACKGROUND:
The Industrial Drive project includes the construction of approximately 2,600 feet of street
extension connecting South Industrial Drive to South City Lake Road. The street section
includes a 28' wide asphalt street with curb and gutter and a 5' wide sidewalk with 6' of
greenspace on one side. This proposed street extension will provide access to approximately
47 acres of city -owned land, allowing the development of five parcels.
In September of 2020, the City of Fayetteville was awarded a grant from the Economic
Development Administration for 80% of the design and construction of this project not to exceed
$2,000,000. The City will be responsible for the other 20% of project costs estimated to be
$500,000.
DISCUSSION:
On December 17, 2020, McClelland Consulting Engineers was selected by the selection
committee based on RFQ 20-01, selection #25. Staff has worked with MCE to prepare a
detailed scope of work and contract for this project. They have provided a proposed scope and
fee in the amount of $308,185.00 for the design, testing and construction administration of this
project. The contract will be paid based on hourly rates for work completed, up to the total
contract amount. The design should be complete and ready for construction by June of 2022.
BUDGET/STAFF IMPACT:
The design and construction of this project will be paid for with the funds from a grant from the
Economic Development Administration ($246,548) and from the 2019 Economic Development
Bonds ($61,637).
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Attachments:
MCE - Engineering Agreement
Grant Award Letter
Budget Adjustment
Draft Print
02/17/2021 12:14:33 PM
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
ENGINEER
THIS AGREEMENT is made as of , 2021, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF
FAYETTEVILLE) and ENGINEER (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in
connection with the evaluation, design, and/or construction supervision of capital improvement
projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual
covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in
those assignments to which this Agreement applies, and shall give consultation and advice to
CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall
be performed under the direction of a professional engineer registered in the State of Arkansas
and qualified in the particular field.
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY
OF FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as
Additional Services of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not
be allowed without a formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has
full responsibility for the engineering services.
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services
of ENGINEER.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the
Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the assignment including previous reports and any other data relative
thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for
ENGINEER to perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other
documents presented by ENGINEER and render in writing decisions pertaining
thereto.
3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The City Engineer
shall have complete authority to transmit instructions, receive information, interpret
and define CITY OF FAYETTEVILLE's policies and decisions with respect to
materials, equipment, elements and systems to be used in the Project, and other
matters pertinent to the services covered by this Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and
provide written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly
progress of the Project through completion of the services stated in the Agreement.
ENGINEER will proceed with providing the authorized services immediately upon receipt
of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include
the scope of the services authorized and the time in which the services are to be
completed. The anticipated schedule for this project is included as Appendix B.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not -to -exceed amount authorized for this Agreement is $308,185.00. The
CITY OF FAYETTEVILLE shall compensate ENGINEER based on a hourly NTE basis
described in Appendix C.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER's normal billing schedule. Once
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106 2
established, the billing schedule shall be maintained throughout the duration of the
Project. Applications for payment shall be made in accordance with a format to be
developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications
for payment shall be accompanied each month by the updated project schedule as
the basis for determining the value earned as the work is accomplished. Final
payment for professional services shall be made upon CITY OF FAYETTEVILLE's
approval and acceptance with the satisfactory completion of the study and report for
the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion
of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed
portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF
FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed
portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to
pay invoices within 30 days of date the invoice is approved, however, payment within
30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement
under this Agreement, ENGINEER shall execute and deliver to CITY OF
FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising
under or by virtue of this Agreement, except claims which are specifically exempted
by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement
or by State law or otherwise expressly agreed to by the parties to this Agreement,
final payment under this Agreement or settlement upon termination of this
Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against
ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in
United States Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Limits of Liability
Statutory
$500,000 Each Accident
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106 3
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each
renewal of coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and
their officers, directors, agents, or employees for damage covered by property
insurance during and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE
will promptly report to ENGINEER any defects or suspected defects in ENGINEER's
services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can
take measures to minimize the consequences of such a defect. CITY OF
FAYETTEVILLE retains all remedies to recover for its damages caused by any
negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs
and schedules, operation and maintenance costs, equipment characteristics and
performance, and operating results are based on ENGINEER's experience,
qualifications, and judgment as a design professional. Since ENGINEER has no
control over weather, cost and availability of labor, material and equipment, labor
productivity, construction Contractors' procedures and methods, unavoidable delays,
construction Contractors' methods of determining prices, economic conditions,
competitive bidding or market conditions, and other factors affecting such cost
opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and
projections prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general
scope of ENGINEER's services, with an appropriate change in compensation and
schedule only after Fayetteville City Council approval of such proposed changes
and, upon execution of a mutually acceptable amendment or change order signed by
the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of
ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the
event of substantial failure by the other party to fulfill its obligations under this
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106 4
Agreement through no fault of the terminating party, provided that no termination
may be effected unless the other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail,
return receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail,
return receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable
adjustment in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or
other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to
cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's
default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience
is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a
reasonable profit for services or other work performed. The equitable adjustment for
any termination shall provide for payment to ENGINEER for services rendered and
expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by ENGINEER relating to commitments which had become firm
prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above,
ENGINEER shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data,
drawings, specifications, reports, estimates, summaries and such other
information and materials as may have been accumulated by ENGINEER in
performing this Agreement, whether completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE
may take over the work and may award another party an agreement to complete the
work under this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the
termination shall be deemed to have been for the convenience of CITY OF
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106 5
FAYETTEVILLE. In such event, adjustments of the agreement price shall be made
as provided in Paragraph 6.5.4 of this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control,
ENGINEER shall be entitled to additional compensation and time for reasonable
costs incurred by ENGINEER in temporarily closing down or delaying the Project.
6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all
disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in
any way are related to, this Agreement, including, but not limited to the interpretation
of this Agreement, the enforcement of its terms, any acts, errors, or omissions of
CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and
disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first
negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated
prior to exhaustion of these procedures, such action shall be stayed, upon
application by either party to a court of proper jurisdiction, until the procedures in
Paragraphs 6.8.3 and 6.8.4 have been complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the
occurrence of any incident, action, or failure to act upon which a claim is based,
the party seeking relief shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident,
or first observance of defect or damage. In both instances, the Notice shall
specify the nature and amount of relief sought, the reason relief should be
granted, and the appropriate portions of this Agreement that authorize the relief
requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for
CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the
dispute. If the dispute cannot be resolved at that level, then, upon written request of
either side, the matter shall be referred to the President of ENGINEER and the
Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the
Project Site or such other location as is agreed upon within 30 days of the written
request to resolve the dispute.
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106 6
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of
obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may
prepare publications, such as technical papers, articles for periodicals, and press
releases, pertaining to ENGINEER's services for the Project. Such publications will
be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's
advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and
provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF
FAYETTEVILLE may require deletion of proprietary data or confidential information
from such publications, but otherwise CITY OF FAYETTEVILLE will not
unreasonably withhold approval. The cost of ENGINEER's activities pertaining to
any such publication shall be for ENGINEER's account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER
from and against any and all loss where loss is caused or incurred or alleged to be
caused or incurred in whole or in part as a result of the negligence or other
actionable fault of the Contractors, or their employees, agents, Subcontractors, and
Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings,
CAD drawings, estimates, field notes, and project data are and remain the property
of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings
and copies of other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard
copy or electronic media prepared by ENGINEER as part of the Services shall
become the property of CITY OF FAYETTEVILLE when ENGINEER has been
compensated for all Services rendered, provided, however, that ENGINEER shall
have the unrestricted right to their use. ENGINEER shall, however, retain its rights in
its standard drawings details, specifications, databases, computer software, and
other proprietary property. Rights to intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced. ENGINEER makes no
warranty as to the compatibility of these files with any other system or software.
Because of the potential degradation of electronic medium over time, in the event of
a conflict between the sealed original drawings/hard copies and the electronic files,
the sealed drawings/hard copies will govern.
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106 7
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the
appropriate party at the following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER's address:
McClelland Consulting Engineers, Inc
1580 E. Stearns Street.
Fayetteville, Arkansas 72703
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to
the successors, executors, administrators, and assigns of such other party, in
respect to all covenants of this Agreement; except as above, neither CITY OF
FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the
Agreement without the written consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of
the State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY
OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms
thereon shall become a part of this Agreement. Said purchase order document,
whether or not signed by ENGINEER, shall be considered as a document for CITY
OF FAYETTEVILLE's internal management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way
relieve ENGINEER of responsibility for the technical adequacy of the work. Neither
CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any
of the services shall be construed as a waiver of any rights under this Agreement or
of any cause of action arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106 8
performance of any of the services furnished under this Agreement except for errors,
omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE
or CITY OF FAYETTEVILLE-furnished data.
7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other
express or implied assurances under this Agreement or State law and in no way
diminish any other rights that CITY OF FAYETTEVILLE may have against
ENGINEER for faulty materials, equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims,
disputes and other matters in question between CITY OF FAYETTEVILLE and
ENGINEER arising out of or relating to this Agreement or the breach thereof will be
decided in a court of competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly
pertinent to performance on work under this Agreement in accordance with generally
accepted accounting principles and practices consistently applied in effect on the
date of execution of this Agreement. ENGINEER shall also maintain the financial
information and data used by ENGINEER in the preparation of support of the cost
submission required for any negotiated agreement or change order and send to
CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF
FAYETTEVILLE, the State or any of their authorized representatives shall have
access to all such books, records, documents and other evidence for the purpose of
inspection, audit and copying during normal business hours. ENGINEER will provide
proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available
during performance on assisted work under this Agreement and until three years
from the date of final payment for the project. In addition, those records which relate
to any controversy arising out of such performance, or to costs or items to which an
audit exception has been taken, shall be maintained and made available until three
years after the date of resolution of such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000
affecting the price of any formally advertised, competitively awarded, fixed price
agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally
advertised, competitively awarded, fixed price agreement. However, this right of
access does not apply to a prime agreement, lower tier subagreement or
purchase order awarded after effective price competition, except:
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106 9
7.3.3.3.1 With respect to record pertaining directly to subagreement performance,
excluding any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be
involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon an agreement of understanding for
a commission, percentage, brokerage or continent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by
ENGINEER for the purpose of securing business. For breach or violation of this
warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement
without liability or at its discretion, to deduct from the contract price or consideration,
or otherwise recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any
of ENGINEER's agents or representatives, offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official, employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in
awarding, amending or making any determinations related to the performance of this
Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER
terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights
and remedies that the law or this Agreement provides. However, the existence of
the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and
may be reviewed in proceedings under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could
pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in
addition to any other damages to which it may be entitled by law, CITY OF
FAYETTEVILLE may pursue exemplary damages in an amount (as determined by
CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten
times the costs ENGINEER incurs in providing any such gratuities to any such officer
or employee.
7.6 Arkansas Freedom of Information Act
7.6.1 City contracts and documents, including internal documents and documents of
subcontractors and sub -consultants, prepared while performing City contractual work
are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of
Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER
will do everything possible to provide the documents in a prompt and timely manner
as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106 10
seq.). Only legally authorized photocopying costs pursuant to the FOIA may be
assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor,
and ENGINEER, by its authorized officer have made and executed this Agreement as of the day
and year first above written.
OWNER
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor, Lioneld Jordan
ATTEST:
By:
City Clerk
ENGINEER
McCLELLAND CONSULTING ENGINEERS
By:
Title:
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Professional Engineering Services Contract. 02.16.2021
Industrial Drive Extension. #21-2106 11
U= =1►I•]►:41111_v
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
INDUSTRIAL DRIVE EXTENSION
1. SCOPE OF PROJECT
The work covered by this agreement includes the engineering services required to execute
topographical and geotechnical survey, detailed design, preparation of easement and right-
of-way documentation, preparing a project manual with technical specifications, assisting
with bidding, evaluating bids and making a recommendation as to contractor, and providing
engineering services during construction, to include construction administration, construction
observation and materials testing for the Industrial Drive Extension project as directed by the
City of Fayetteville, hereinafter called the OWNER).
Task No 1 — Topographic Survey
Perform topographical survey as required for design. The topographic survey will include
all surface elevations, surface features and subsurface utilities if marked or otherwise
apparent.
Task No 2 — Geotechnical Survey
Perform subsurface geotechnical exploration (soil investigation) of site sufficient to
support design needs. The investigation shall comprise five (5) total project borings and
two (2) total project test pits. All of the proposed project borings have planned terminal
depths of 10.0 feet below the existing surface elevations.
Task No 3 — Design
I. Design a street extension from South Industrial Drive connecting to S. City Lake Road,
Fayetteville. Road shall be a 2-lane collector street of approx. 2,600 LF at 28' wide
B.O.C, to include a 6' greenspace and 5' sidewalk on the east side of the street. Both
driving lanes shall be 12.5' wide with 18" curb & gutter. Refer to Exhibit #1. Submit
design to OWNER at 30%, 90% and 100% milestones.
ll. Street improvements are to include an asphalt street surface, concrete curb and gutters,
an underground storm water drainage system, and sidewalk. Road alignment to be
contained within existing dedicated 65' wide corridor comprising 35' gas easement and
30' access easement on Lots 14A1 and 14A2, 5.08 acres tract and 18.92-acre tract
respectively, Parcel 765-16578-001, recorded on 12.17.2020 and filed as 2020-
00046356, as indicated on Exhibit #2.
III. Prepare detailed cost estimates of probable construction costs for improvements based
on design for each submittal milestone.
IV. Represent OWNER at meetings as needed pertaining to this project.
APPENDIX A — Scope of Services A-1 21-2106
Industrial Drive Extension
V.
VI.
VII.
Vill.
IX.
X.
Prepare and distribute advertisements for bids, communicate with bidders as required,
provide technical interpretation of the contract documents, prepare addenda as required,
attend the bid opening, and tabulate bids.
Evaluate bids, review bidder's qualifications and recommend approval or disapproval of
construction contract. To assist in the preparation of contract documents. To prepare the
bid tabulation and supporting documents and submit to the OWNER.
Coordinate with Fayetteville Water & Sewer Department regarding provision of a new
access to their facility from the proposed street extension.
Coordinate with City of Fayetteville and developer regarding planned improvements to
Lot 14A1, 5.08-acre tract at northern end of project.
Coordinate/consult with City, Northwest Arkansas EDD, and EDA throughout design
phase.
Provide preliminary determination as to wetlands, a cultural resources survey of street
corridor and other affected areas, and coordinate with regulatory agency regarding
environmental issues (including cultural resources and wetlands), as needed.
Coordinate with USACE regarding need for Section 404 permit, obtain written
verification.
Coordinate street design with City and franchised utilities. Determine interest of
franchised utilities to provide appurtenances within existing or future utility easement
adjacent street corridor.
Prepare exhibits and documentation for public meetings/ 30-day public comment period
to obtain citizen input and to obtain alignment approval by the CITY OF FAYETTEVILLE.
Task No. 4 — Right -Of -Way &/or Easement Preparation
Perform boundary survey as necessary for full length of project site. Refer also to City
GIS data and Tract Split for City of Fayetteville by JLS, LLC. for Lot 14A1 and 14A2 for
Parcel 765-16578-001, recorded on 12.17.2020 and filed as 2020-00046356, as
indicated on Exhibit #2.
Prepare legal descriptions and exhibits for land acquisition, right-of-way, and/or
easements as required.
Task No. 5 — Services During Construction/ Administration
Attend a preconstruction conference scheduled by the OWNER. A notice to proceed will
be issued at the time of the preconstruction conference.
Review submittals by the Contractor at the request of the OWNER. This review is for the
benefit of the OWNER to ensure general conformance with the design concept of the
project and general compliance by the Contractor with the information given in the
contract documents.
Furnish partial on -site observation by designated representatives of the Engineer and
other field personnel to observe construction work as it progresses for a period not to
exceed 9 months. To include visits to the site at appropriate intervals to observe the
progress and quality of the executed work and to determine in general if the work is
proceeding in compliance with the plans, specifications, and all other contract
documents. To submit field inspection daily reports when present onsite and submits to
OWNER on monthly basis. In performing site observation services, the Engineer shall
have no control over, nor responsibility for, the Contractor's means, methods, sequence,
techniques or procedures in performing the work, or for safety programs in connection
with the work. These are solely the responsibilities of the Contractor, who is also
APPENDIX A — Scope of Services A-2 21-2106
Industrial Drive Extension
responsible for complying with all health and safety precautions as required by any
regulatory agencies.
IV. Prepare monthly and final pay estimates with Contractor and submit to OWNER for
review and approval.
V. Consult with and advise the OWNER, issue all instructions to the Contractor requested
by the OWNER, and prepare routine change orders as required.
VI. Attend, in company with the OWNER's representative, a final inspection of the project
and prepare punch list. The inspection will be for conformance with the design concept
of the project and compliance with the contract documents. The Engineer shall approve
in writing final payment to the Contractor.
VII. Prepare "as -built" record drawings utilizing Contractor's redlines and MCE site records.
VIII. Represent OWNER at meetings as needed pertaining to this project.
IX. Prepare and submit close out documentation.
Task No. 6 — Materials Testing
Perform materials testing during construction phase to ensure compliance with the
requirements of the technical specifications. Services shall include but are not limited to;
inspection/ proof rolling/ densities of subgrade, excavation, placement and compaction/
densities of select fill where required, placement and compaction/ densities of base
course, compressive strength tests of concrete curb & gutter, and driveways, and
asphalt thickness and density tests.
2. Basic Services
The Scope of Services of the ENGINEER as described in the Agreement shall be
as stated in the section titles Scope of Project above.
All street construction shall follow the guidelines described in the CITY OF
FAYETTEVILLE Street Design Standards.
The services specified for the various phases of the Agreement shall be
completed and all stipulated documents shall be submitted to the OWNER in
accordance with the project schedule included as Appendix "B".
The ENGINEER should anticipate a 30-calendar day review period by the CITY
OF FAYETTEVILLE between the completion of one phase and the beginning of
the following phase. Additional time may be required for review by agencies.
ENGINEER will be subcontracting environmental services to two DBE entities,
namely Cantique LLC for management of environmental related matters and
Cattails Environmental, LLC., for wetlands delineation. Flat Earth Archeology will
undertake a cultural resources surve
APPENDIX A — Scope of Services A-3
y
21-2106
Industrial Drive Extension
3. Project Deliverables
Electronic copies of;
• Geotechnical report
• Environmental studies/ reports
• Hydraulic modeling calculations and drainage design
• 30% design plans and cost estimate
• 30% plans & 90% to franchised utilities
• Final plans, cost estimate, project manual and technical specification
• ROW & easement documents/ Exhibit A maps
• Materials testing reports/ results
• Daily reports
• Pay applications
• RFI's/ESI's
• As-builts
APPENDIX A — Scope of Services A-4 21-2106
Industrial Drive Extension
APPENDIX 'B'
SCHEDULE
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
INDUSTRIAL DRIVE EXTENSION
Task Name
- 21-2106 Industrial Drive Extension
- Fee Proposal
Draft to City
City Review
EDA Review
City Council
- Detailed design
Topographic Survey
G eotech ni ca I Investigation
30% Design & Cost Estimate
City Review- 30% Design
00% Design & Cost Estimate
City Review- 00% Design
Securing required State A Local Approvals
100% design, Project Manual wtSpecificabons & Cost Estimate
City Review- 100%
EDA Review & Approval of Plans & Specifications
- construction
Advertise for Bids
Bid Opening
Review Bids
EDA Review; Bids, Award Letter & Bid Opening Checklist
Council Approval of Contract
EDA Re -view of contract & Checklist
Pre -Con
Notice To Proceed (By EDA)
Construction
Start Finish
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APPENDIX B — Scope of Services B-1 21-2106
Industrial Drive Extension
APPENDIX "C"
COMPENSATION
PROFESSIONAL SERVICES AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
INDUSTRIAL DRIVE EXTENSION
CITY OF FAYETTEVILLE shall pay ENGINEER for Basic Services rendered an
amount equal to the cumulative hours charged to the Project for each class of
ENGINEER's employees multiplied by ENGINEER'S Hourly Rates as shown on the
attached Exhibit 1", plus approved Reimbursable Expenses and ENGINEER's
Consultant charges, if any. ENGINEER's Hourly Rates as shown on the attached
Exhibit 1" shall be adjusted annually each January 1. For ENGINEER's Consultant
charges, the CITY OF FAYETTEVILLE shall pay the ENGINEER the amount billed to
the ENGINEER times a factor of 1.00.
• Basic Services: Payment by CITY OF FAYETTEVILLE based on ENGINEER's
Hourly Rates shall approximate the following schedule. Payment for a specific phase
shall not exceed the scheduled amount prior to completion of that phase. Underruns
in one phase may be used to offset overruns in another phase as long as the contract
amount is not exceeded.
Topographic Survey
$
16,750.00
Geotechnical Survey
$
10,160.00
Design;
30% Design
$
39,500.00
90% Design
$
99,675.00
100% Design
$
15,800.00
ROW & Easement Preparation
$
750.00
Services During Construction/ Admin
$
72,125.00
Materials Testing
$
20,175.00
Environmental Sub Consultants
$
30,500.00
SUB -TOTAL Basic Services
$
305,435.00
Additional Services: Any and all Additional Services must be approved, and
maximum amount to be paid for said services agreed to, in writing by CITY OF
FAYETTEVILLE prior to rendering of same. CITY OF FAYETTEVILLE shall pay
ENGINEER for Additional Services rendered an amount equal to the cumulative
hours charged to the Project for each class of ENGINEER's employees multiplied by
ENGINEER'S Hourly Rates as shown on the Attached Exhibit 1", plus approved
Reimbursable Expenses and ENGINEER'S Consultant charges, if any. For
ENGINEER's Consultant charges, the CITY OF FAYETTEVILLE shall pay the
ENGINEER the amount billed to the ENGINEER times a factor of 1.00.
APPENDIX C — Scope of Services C-1 21-2106
Industrial Drive Extension
• CITY OF FAYETTEVILLE shall pay ENGINEER the actual cost of Reimbursable
Expenses incurred in connection with Basic and Additional Services. Reimbursable
Expenses must be approved by the CITY OF FAYETTEVILLE prior to the incurrence
of such expenses. The estimated amount of Reimbursable Expenses to be incurred
in connection with Basic Services is -
SUB -TOTAL Reimbursable Expenses $ 2,750.00
The maximum payment to the ENGINEER for all of the Basic Services and
Reimbursable Expenses identified within this Agreement shall NOT exceed
$308,185.00 in total.
ENGINEER shall submit invoices monthly for services rendered and expenses borne.
The invoices shall be accompanied by a copy of the timesheets for all ENGINEER's
personnel working on the project.
The Hourly Rates used as a basis for payment mean salaries and wages (basic and
incentive) paid to all personnel engaged directly on the PROJECT, including, but not
limited to, engineers, architects, surveyors, designers, draftsman, specification
writers, estimators, other technical personnel, stenographers, typists and clerks; plus
the cost of customary and statutory benefits including, but not limited to, social
security contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, sick leave, vacation and
holiday pay applicable thereto; plus operating margin or profit, non -project operating
costs, and all general and administrative overhead costs, including but not limited to,
furnishing and maintaining office facilities, furniture, utilities, vehicles and equipment.
Reimbursable Expenses mean the actual expenses incurred directly or indirectly in
connection with the PROJECT for printing and reproduction costs and ENGINEER's
consultant charges. Any and all expenditures for reimbursable expenses must be
approved by the CITY OF FAYETTEVILLE prior to rendering or obtaining same.
Overtime salary costs are not considered Reimbursable Expenses.
Refer to Exhibit #3 for a summary of current hourly rates.
APPENDIX C — Scope of Services C-2 21-2106
Industrial Drive Extension
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ECONOMIC DEVELOPMENT
ADMINISTRATION
GRANT APPLICATION
INDUSTRIAL DRIVE EXTENSION
PRELIMINARY SITE PLAN
CDJ EDA GRANT APPLICATION
DATE:
NTS March 2020
Exhibit #3
MrMcCLELLAND
CONSULTING ,E
exammuz= ENGINEERS, INC
2021
McCLELLAND CONSULTING ENGINEERS, INC.
*STANDARD HOURLY RATES
Chief Draftsman
$95 - $110
Clerical
$45 - $75
Construction Observer
$70 - $140
Draftsman
$65 - $95
Environmental Scientist/Designer
$105 - $120
Geotech Engineer
$85 - $170
HR/Payroll Admin
$75-$100
Landscape Architect
$90 - $140
Media Specialist
$80 - $100
Principal
$160 - $230
Project Accountant
$70 - $155
Project Designer
$80 - $140
Project Engineer
$120 - $175
Project Manager
$120 - $200
Registered Land Surveyor
$95 - $140
Soils Lab Technician
$50 - $135
Specification Writer
$50 - $90
Sr. Project Manager
$140 - $230
Survey (2 man or Robotic) Crew
$115 - $160
Survey (3 man) Crew
$135 - $195
Survey Field (1 Man or Rodman)
$45 - $105
Survey GPS
$75 - $130
Survey Technician
$65 - $95
Water Lab Supervisor
$70 - $120
Water Lab Tech
$50 - $95
Expenses
@ Cost
Mileage
.560/mi
* Standard Hourly Rates may be adjusted annually in accordance with
the normal salary review practices of McClelland Consulting Engineers.
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Stricken language would be deleted from and underlined language would be added to present law.
State of Arkansas
93rd General Assembly A Bill DRAFT DTP/DTP
Regular Session, 2021 HOUSE BILL
By: Representative McCullough
For An Act To Be Entitled
AN ACT TO AMEND THE LAW CONCERNING BICYCLE SAFETY; TO
CLARIFY THE RIGHTS AND DUTIES OF A PERSON OPERATING A
BICYCLE; AND FOR OTHER PURPOSES.
Subtitle
TO AMEND THE LAW CONCERNING BICYCLE
SAFETY; AND TO CLARIFY THE RIGHTS AND
DUTIES OF A PERSON OPERATING A BICYCLE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code § 27-51-1801(1), concerning the definition of
"bicycle", is amended to read as follows:
(1) "Bicycle" means a human -powered vehicle:
(A) With two (2) or more wheels in tandem, designed to
transport by the act of pedaling one (1) or more persons seated on one (1) or
more saddle seats on its frame; and
(B) Used on a public road, bicycle path, crosswalk, or
right-of-way; and
SECTION 2. Arkansas Code Title 27, Chapter 51, Subchapter 18, is
amended to add additional sections to read as follows:
27-51-1804. Operation of bicycle upon crosswalk.
(a) A person operating a bicycle upon a crosswalk shall:
(1) Yield the right-of-way to pedestrians; and
(2) Give an audible signal before overtakine and Dassine a
pedestrian.
DRAFT
02/09/2021 10:18:27 AM DTP124
HB
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(b) Except as provided in subsection (a) of this section, a person
lawfully operating a bicycle upon a crosswalk has all the rights and duties
applicable to a pedestrian using the crosswalk under 6 27-51-1202.
27-51-1805. Speed restrictions.
A person operating a bicycle on a sidewalk, path, trail, across a
driveway, or upon a crosswalk shall not operate the bicycle at a speed
greater than is reasonable and prudent under the existing conditions and
shall give regard to the actual and potential hazards existing at that time.
2 02/09/2021 10:18:27 AM DTP124
CITY OF
FAYETTEVILLE
ARKANSAS
CITY OF FAYETTEVILLE
TRANSPORTATION BOND PROGRAM
PROGRESS REPORT — FEBRUARY 2021
The Transportation Bond Program consists of projects that will be designed, contracted, and
administered by City Staff or consultants/contractors working for the City. A summary of the
status of all projects in the program follows below.
Funding for the Bond Program includes $36 million in bonds for the first phase of the program.
1) RUPPLE ROAD (TANYARD DR. TO WEIR RD.)
Project Summary
• Completion of the last missing segment of Rupple Road.
• Improvements include 4 travel lanes, a center median, sidewalk on the east
side, a 12' wide multi -use trail on the west side, storm sewer, lighting and
street trees.
• This portion of the project is being constructed as a cost -share between the
City and the developer of the Magnolia Park Subdivision.
a. Phase 1 — Cost Share
This portion of the project is being constructed as a cost -share between the City
and the developer of the Magnolia Park Subdivision.
• Recent Actions:
1. Construction is substantially complete.
• Upcoming Activities:
1. Punch list items from the final inspection.
b. Phase 2 — City Portion
This portion of the project is fully funded by the City and was bid as a separate
project. This portion of the work will connect Phase 1 to both the east and west
sections of Weir Road.
• Recent Actions:
1. Construction is complete.
2) ZION ROAD PHASE II (VANTAGE DR TO CROSSOVER RD)
a. Project Summary/Status
• Improvements include 2 travel lanes, a center turn lane, sidewalk on the
south side, a 10' wide trail on the north side, storm sewer, lighting and street
trees.
• City Council approved the design contract amendment with McClelland
Consulting in July 2019.
A bid opening was held on June 24, 2020. Tri Star Contractors, LLC was the
low bidder. This was approved by the city council at the July 21, 2020 council
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
meeting.
• A pre -construction conference was held on September 23d
b. Recent Actions:
• Waterline installation has started at Highway 265 on the east end of the
project.
c. Upcoming Activities:
• Waterline installation will continue.
• Completion of construction is expected in January 2022.
3) STEAMBOAT / DOROTHY JEANNE CONNECTION
a. Project Summary/Status
• This project was designed in-house by the City Engineering Division.
• Improvements include 2 travel lanes, sidewalk on the south/east side, a 10'
wide trail on the north/west side and street trees.
• A bid opening was held on May 28, 2020. Sweetser Construction was the
low bidder.
b. Recent Actions:
• Construction is substantially complete.
c. Upcoming Activities:
• Punch list items from the final inspection.
4) SHILOH DR. / FULBRIGHT EXPRESSWAY INTERSECTION
a. Project Summary/Status
• Improvements include the reconstruction of the intersection of Shiloh Drive
and Mall Avenue intersection and installation of a traffic signal in that location.
The project also includes the installation of a right turn lane along Shiloh
Drive for the vehicles turning right onto the Fulbright Expressway on -ramp as
well as a traffic signal for this intersection.
• City Council approved the design contract with Garver Engineers in
September 2019.
b. Recent Actions:
• ArDOT has given preliminary approval of the traffic study and the traffic signal
warrant analysis.
• Garver has submitted 95% design plans to the city for review.
c. Upcoming Activities:
• City staff review of the 95% plan submittal.
• Design should be completed in March 2021.
5) CENTER / HARMON INTERSECTION
a. Project Summary/Status
• Improvements include widening to accommodate turn lanes, sidewalks on the
south side, multi -use trail on the north and west sides, installation of a traffic
signal, and pedestrian accommodations.
• City council approved the design contract with McClelland Engineers in
November 2019.
b. Recent Actions:
• MCE submitted a design contact amendment to include additional survey and
design for off -site storm sewer necessary for the construction of this project.
This contract amendment was approved at the December 1, 2020 council
meeting.
c. Upcoming Activities:
• MCE is working on the final construction plans.
• Land acquisition continues.
• Construction is expected to begin in June of 2021.
6) MIDTOWN CORRIDOR
a. Project Summary/Status
• The corridor improvements include the evaluation of the on and off ramp
intersection of 149 at Porter Road, street , bicycle and pedestrian
improvements along Porter, Deane and Sycamore to the Razorback
Greenway, and the Mid -town Trail from the Razorback Greenway to College
Avenue.
• City council approved the design contract with Olsson in November 2019.
b. Recent Actions:
• 60% plans were submitted to the City for review for the Deane and Sycamore
portion of the project as well as for the Poplar Street portion. 30% plans were
submitted for the Porter Rd portion along the PD site.
• City review comments of the plan submittals were sent to Olsson.
c. Upcoming Activities:
• Olsson will continue with development of the design plans based on review
comments provided by the City.
• Evaluation of the project cost estimates. Changes will be required to bring
the project into budget.
7) SAIN STREET EXTENSION (JOYCE BLVD TO FLYOVER)
a. Project Summary/Status
• This project was recently selected for federal STP-A funding. The funding is
for planning, design, and environmental review of a connection between
Vantage Drive and Sain Street, including a connection to the flyover bridge at
71 B and the Fulbright Expressway. Burns & McDonnell is the design
consultant.
• The FHWA has obligated $4,500,000 of Federal -aid funding for the
construction of Sain Street.
b. Recent Actions:
• A construction contract with Crossland Heavy was presented to the city
council at the December 1, 2020 meeting.
• A notice to proceed was issue to begin construction on February 1, 2021.
c. Upcoming Activities:
• Construction is underway and is expected to be complete in December of
2021.
8) MAPLE ST. CYCLE TRACK
a. Project Summary/Status
• This project will include street improvements and the creation of a bicycle
corridor between the Razorback Greenway and Garland Ave. along the south
side of Maple St. Major project elements include construction of a 2-way
cycle track along the south side of Maple St., signalization at Gregg Ave. and
Maple St., storm drainage and new sidewalks along both sides of Maple St.
between Gregg Ave. and Garland Ave.
• Emery Sapp and Sons was selected as the construction manager and a
contract for preconstruction services was approved at the September 15,
2020 City Council meeting.
b. Recent Actions:
c. Upcoming Activities:
• On hold due to funding.
9) 15t" ST. / RAZORBACK RD. INTERSECTION
a. Project Summary/Status
• This project is being designed in-house by the City Engineering Division.
• Improvements include an additional lane on the eastern leg of the
intersection to provide a dedicated left-hand turn lane. The intersection will
be signalized with pedestrian accommodations. Sidewalks will be included on
both the north and south sides of 151" Street for the length of the project.
b. Recent Actions:
• Design is complete.
• Plans have been submitted to the railroad to coordinate the design of the
railroad modifications.
c. Upcoming Activities:
• Railroad agreement development is underway.
• Construction is expected to begin in June 2021.
10) HIGHWAY 71 B CORRIDOR
a. Project Summary/Status
• Improvements to these corridors could include striping, widening and/or
narrowing of the roadway, utility relocation (including burial of overhead
utilities), sidewalk/trail installation, accommodations for transit systems,
elimination or reconfiguration of driveways, additional traffic signals, medians,
plazas, art installations, lighting, wayfinding, protected intersections, parking,
LID stormwater strategies and other corridor improvements to be identified in
the design process.
• Design contract with Garver Engineers was approved at the July 7, 2020 city
council meeting.
b. Recent Actions:
• The Garver team submitted a preliminary programming document in late
December.
• City staff has met internally as well as with the Garver team to discuss the
submittals and the direction the design team should go with the project.
c. Upcoming Activities:
• Review of the programming document and cost estimates.
• Meetings with property owners.
11) APPLEBY / PLAINVIEW / ROLLING HILLS CONNECTION
a. Project Summary/Status
• This project includes an extension of Rolling Hills Drive into the Fiesta Square
Shopping Center, a direct connection from Appleby Road to Rolling Hills and
an extension of Plainview Drive south into the Fiesta Square Shopping
Center. These streets will all intersect at a roundabout on the east side of the
shopping center. A design contract with Garver Engineers was approved the
4
City Council at the June 4, 2020 council meeting.
b. Recent Actions:
• Review comments for the conceptual plans were submitted to Garver.
c. Upcoming Activities:
• 60% design plans are underway for the Plainview extension. The design
within the Fiesta Square property is on hold until additional input is obtained
from the property owner and their tenants in late February.
• Construction is expected to begin in December 2021.
12) ARCHIBALD YELL BLVD. SAFETY IMPROVEMENTS
a. Project Summary/Status
• The goals of this project include providing safe pathways for pedestrians to
cross Archibald Yell Blvd., increasing safety at the College Ave./Rock
St./Archibald Yell Blvd. intersection, and providing space for pedestrian and
bicycle facilities along Archibald Yell Blvd.
• A design contract with Garver Engineers was approved the City Council at
the June 4, 2020 council meeting.
b. Recent Actions:
• Public input has been requested through mail outs and a survey posted on a
Speak Up page.
• Review comments for the conceptual plans were sent to Garver on 1/7/21.
c. Upcoming Activities:
• Development of construction plans is under way.
• Construction is expected to begin in the 3rd quarter of 2021.
13) ROLLING HILLS IMPROVEMENTS (COLLEGE TO OLD MISSOURI)
a. Project Summary/Status
• Improvements include street narrowing with new curb and gutter, storm
sewer, mini -roundabouts, and bicycle/pedestrian facilities.
• A design contract with Garver Engineers was approved at the November 1,
2020 city council meeting.
b. Recent Actions:
• Site survey work has been completed.
c. Upcoming Activities:
• Garver is working on the conceptual plans.
• This project is expected to be ready for construction in March of 2022.
14) JOYCE BLVD. SAFETY IMPROVEMENTS
a. Project Summary/Status
• Safety improvements to Joyce Blvd. between Vantage Dr. and Old Missouri
Rd. Specific improvements will be identified by a study of the corridor to
identify mechanisms and causes of crashes in the area. A turn lane will be
investigated as a solution, but other solutions will be considered as well.
b. Recent Actions:
c. Upcoming Activities:
• Design is scheduled to begin in the second quarter of 2021.
15) NORTH ST. / MISSION BLVD. CORRIDOR
a. Project Summary/Status
This project includes pedestrian and transportation improvements along North
Street from Garland Avenue to Mission Boulevard. Design concepts will consider
items such as:
• Garland Ave. to Gregg Ave. — Pedestrian improvements to connect retail and
restaurant areas on Garland Ave. to residential areas and the Razorback
Greenway. Pedestrian safety improvements at the Garland/North
intersection.
• Highway 71 B (College Ave) Intersection — Left turn lane for west bound traffic
east of 71 B and signalization upgrades to reduce congestion.
• Highway 71 B to Mission Blvd. — Pedestrian improvements and intersection
improvements at Hillcrest.
• North St./Mission Blvd. intersection improvements.
b. Phase 1 — North/Mission Intersection and Mission Trail
• Construction of a roundabout at this intersection to replace the existing traffic
signal.
• A design contract with Crafton, Tull and Associates was approved at the July
7, 2020 city council meeting for the North Street/Mission Blvd intersection and
trail.
• Recent Actions:
1. City review comments were sent to Crafton Tull in December
2020.
2. Public input was sought through mailers and a Speak Up page.
• Upcoming Activities:
1. Crafton, Tull & Associates is working on the 50% plan submittal
for the North/Mission portion of the project.
2. Construction of the North/Mission project is expected to begin in
4t" quarter of 2021.
c. Phase 2 — Overall Corridor Study
• This project will include a study of the North Street Corridor from Garland
Avenue to Mission Boulevard. This study will make recommendations for
specific design and construction projects to achieve the overall pedestrian
and transportation goals of this corridor.
• Recent Actions:
1. Selection of McClelland Consulting Engineers for the overall
corridor study.
• Upcoming Activities:
1. A contract with McClelland Consulting Engineers for the overall
corridor will be sent to the City Council at the March 16 city council
meeting.
16) OLD WIRE RD. CYCLE TRACK (EXTENSION)
a. Project Summary/Status
• An extension of the cycle track completed in 2019. This project will extend
from Gulley Park to the Old Wire/Old Missouri intersection where it will turn
north and continue to the intersection with Rolling Hills Drive.
• The design will include curb and gutter, a 4' stamped concrete median, a 9.5'
wide cycle track and an elevated 5' sidewalk adjacent to the cycle track.
b. Recent Actions:
• Field survey is complete.
c. Upcoming Activities:
• Design is scheduled to begin in the second quarter of 2021.
17) PAVEMENT MAINTENANCE / OVERLAYS
a. Project Summary/Status
• Allocation of $2.7 million in additional funds for pavement maintenance and
overlays, to be selected based on results of a pavement inventory.
b. Recent Actions:
• 14.36 Miles of overlays have been completed as of January 2021.
• $1,184,416.20 of the $2,700,00 has been spent or encumbered as of January
2021.
18) TRAFFIC SIGNAL HARDWARE / UPGRADES
a. Project Summary/Status
• Allocation of $1 AMillion in additional funds for the upgrade of signal
controllers and equipment citywide as necessary so that all intersections are
using the same hardware and software.
b. Recent Actions:
• 49 of 109 signal controllers and 45 of 55 Video Detectors have been
upgraded as of January 2021.
• $729,795 of the $1,400,000 has been spent or encumbered as of January
2021.