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HomeMy WebLinkAbout2021-06-29 - Agendas - FinalCITY OF . FAYETTEVILLE ARKANSAS MEETING AGENDA City Council Transportation Committee Tuesday, June 29, 2021 5:30 pm or Immediately Following Equipment Committee 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: Register Members: Matthew Petty, Chairperson; Sarah Bunch; Sonia Gutierrez; Holly Hertzberg City Staff: Chris Brown, Public Works Director/City Engineer; Terry Gulley, Asst. PW Director for Operations/Transportation Services Director Agenda: 1. Old Business: None 2. New Business: A. TRAFFIC CALMING -EAST OAKS DRIVE: Review of data collected and discussion of possible projects on East Oaks Drive. B. DOWNTOWN SQUARE LIGHTING PROJECT: Review of a proposal for installation of lighting around the downtown square. (Staff requests a recommendation from the Committee to the City Council on this item.) C. DOWNTOWN PARKING DISTRICT ORDINANCE AMENDMENTS: Review of proposed parking regulation amendments to allow for various changes to the management of parking in the Downtown Business Parking District. (Staff requests a recommendation from the Committee to the City Council on this item.) D. MILK AREA WALKABILITY IMPROVEMENTS: Review of initial recommendations for walkability improvements on and around Martin Luther King Jr. Blvd, between School Avenue and Wood Avenue. E. ROLLING HILLS IMPROVEMENTS -COLLEGE AVENUE TO OLD MISSOURI ROAD: Review of public comments on conceptual plans. Staff received few comments on the plans. Two substantive comments -a crosswalk location near Sheryl and color of the stamped concrete will be incorporated into the plans. Otherwise, staff recommends proceeding with detailed design of Rolling Hills per the conceptual design. (Staff requests a recommendation from the Committee to the Administration on this item.) Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 F. MILLSAP AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS: Review of a contract proposal from Burns and McDonnell for design of intersection improvements to Millsap Rd and College Avenue, including a connection from Millsap to Sain Street. (Staff requests a recommendation from the Committee to the City Council on this item.) G. RAZORBACK ROAD IMPROVEMENTS: Review of construction bids for improvements to Razorback Road, between Maple Street and Leroy Pond Drive. Bids will be received on Tuesday, June 29', and will be presented at the meeting. (Staff requests a recommendation from the Committee to the City Council on this item.) H. MIDTOWN CORRIDOR DESIGN CONTRACT AMENDMENT: Review of a proposed amendment to the contract with Olsson for design of the Midtown Corridor. (Staff requests a recommendation from the Committee to the City Council on this item.) I. CENTER AND HARMON INTERSECTION DESIGN CONTRACT AMENDMENT: Review of a proposed amendment to the contract with McClelland Consulting Engineers for construction phase engineering services on the Center and Harmon intersection signalization project. (Staff requests a recommendation from the Committee to the City Council on this item.) 3. Reports: A. Transportation Bond Program Update B. Transportation Division Workplan Update 4. Adjourn CITY OF FAYETTEVILLE . ARKANSAS TO: Chris Brown, Public Works Director THRU: Mellissa Boyd, Staff Engineer FROM: Dane Eifling, Mobility Coordinator DATE: 24 June 2021 SUBJECT: East Oaks Traffic Calming Request STAFF MEMO RECOMMENDATION: Initiate a neighborhood traffic calming strategy to address persistent speeding complaints on East Oaks Drive that will anticipate effects on surrounding streets. BACKGROUND: East Oaks Drive is a 0.6-mile-long residential street that primarily runs north to south connecting Mission Blvd to Crossover Road. There are approximately 200 residences on East Oaks most of which are apartments located on the southern portion of the street with less dense housing on the norther section. East Oaks can be used as a cut -through to avoid the signalized intersection and Mission Blvd and Crossover Rd. DISCUSSION: Complaints of cut -through traffic and speeding prompted city staff to provide residents with a petition for traffic calming and initiate a traffic study. The neighborhood petition submitted to staff on May 28th, 2021. The petition included 23 homes in the lower density northern section of the street was successful in meeting the 60% required approval. The most recent speed and volume study conducted in from Wednesday June 16th to Friday June 18th, 2021 found a mean speed of 27.1 mph, and an 85th percentile speed of 32.1 mph, an average volume of 1,585 vehicles per day. This data was used to update the score for East Oaks in the traffic calming scoring matrix resulting in a score of 34.9 points. This score puts East Oaks one tenth of one -point shy of the 35-point minimum score to qualify for traffic calming. However, considering the traffic counts were taken in summer when traffic volumes are traditionally lower therefore the score could be seasonally adjusted up somewhat to meet the threshold. Given the possible impact of speed tables on surrounding streets staff would like to consider a more comprehensive neighborhood plan that could include installations on Kantz Drive, Ball Ave Gentle Oaks Lane and Golden Oaks Drive. BUDGET/STAFF IMPACT: TBD Attachments: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Speed and volume study Area map: I- L I Milli— HIVd Pi SpeedStatHour-82 Page 1 MetroCount Traffic Executive Speed Statistics by Hour SpeedStatHour-82 -- English (ENU) Datasets: Site: [East Oaks] Oaks Apts Attribute: S of Kantz Direction: 0 - Unused or unknown. Lane: 0 Survey Duration: 15:22 Wednesday, June 16, 2021 => 14:07 Wednesday, June 23, 2021, Zone: File: East Oaks 0 2021-06-23 1407.EC0 (Plus ) Identifier: DD799A8Z MC56-1-5 [MC55] (c)Microcom 19Oct04 Algorithm: Factory default axle (v5.07) Data type: Axle sensors - Paired (Class/Speed/Count) Profile: Filter time: 16:00 Wednesday, June 16, 2021 => 16:00 Friday, June 18, 2021 (2) Included classes: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 Speed range: 6 - 99 mph. Direction: North, East, South, West (bound), P = ???, Lane = 0-16 Separation: Headway > 0 sec, Span 0 - 328.084 ft Name: Default Profile Scheme: Vehicle classification (Scheme F3) Units: Non metric (ft, mi, ft/s, mph, lb, ton) In profile: Vehicles = 3170 / 7518 (42.17%) SpeedStatHour-82 Page 2 SpeedStatHour-82 Site: Description: Filter time: Scheme: Filter: Speed Statistics by Hour East Oaks.O.OX Oaks Apts 16:00 Wednesday, June 16, 2021 => 16:00 Friday, June 18, 2021 Vehicle classification (Scheme F3) Cls(1-13) Dir(NESW) Sp(6,99) Headway(>O) Span(0 - 328.084) Lane(0-16) Vehicles = 3170 Posted speed limit = 37 mph, Exceeding = 73 (2.303%), Mean Exceeding = 39.96 mph Maximum = 52.9 mph, Minimum = 6.3 mph, Mean = 27.1 mph 85% Speed = 32.10 mph, 95% Speed = 35.01 mph, Median = 27.51 mph 12 mph Pace = 22 - 34, Number in Pace = 2546 (80.32%) Variance = 30.72, Standard Deviation = 5.54 mph Hour Bins Time I Bin I Min I Max I Mean I Median 1 85% 1 95% 0000 1 33 1.041% 1 10.3 1 32.4 1 25.5 1 26.7 1 30.7 1 32.3 1 0100 1 12 0.379% 1 7.0 1 37.2 1 25.0 1 24.8 1 32.4 1 37.2 1 0200 1 12 0.379% 1 18.7 1 32.8 1 23.9 1 24.6 1 28.7 1 32.8 1 0300 1 12 0.379% 1 15.7 1 36.8 1 25.3 1 26.2 1 31.3 1 36.8 1 0400 1 10 0.315% 1 18.1 1 37.1 1 29.2 1 32.2 1 36.5 1 37.1 1 0500 1 30 0.946% 1 8.0 1 32.9 1 25.5 1 28.2 1 31.1 1 32.1 1 0600 1 91 2.871% 1 9.6 1 37.6 1 26.9 1 27.8 1 32.6 1 35.7 1 0700 1 133 4.196% 1 7.5 1 40.4 1 27.9 1 28.3 1 32.9 1 37.1 1 0800 1 150 4.732% 1 11.3 1 45.5 1 27.3 1 27.7 1 31.9 1 35.3 1 0900 1 131 4.132% 1 7.0 1 35.3 1 26.7 1 26.7 1 32.0 1 33.9 1 1000 1 127 4.006% 1 6.5 1 43.3 1 27.6 1 28.1 1 33.1 1 36.1 1 1100 1 156 4.921% 1 8.8 1 45.4 1 28.2 1 28.5 1 33.5 1 37.3 1 1200 1 209 6.593% 1 6.9 1 50.1 1 27.8 1 28.0 1 33.0 1 36.9 1 1300 1 222 7.003% 1 6.4 1 37.6 1 27.5 1 27.8 1 31.9 1 35.0 1 1400 1 182 5.741% 1 6.3 1 46.8 1 28.1 1 27.7 1 33.3 1 35.6 1 1500 1 202 6.372% 1 6.3 1 38.8 1 26.6 1 27.5 1 31.6 1 34.6 1 1600 1 258 8.139% 1 6.9 1 46.5 1 27.2 1 27.6 1 31.7 1 34.6 1 1700 1 316 9.968% 1 7.7 1 44.8 1 27.3 1 27.4 1 32.1 1 34.7 1 1800 1 229 7.224% 1 6.4 1 52.9 1 26.9 1 27.1 1 32.0 1 34.7 1 1900 1 209 6.593% 1 7.7 1 48.5 1 26.9 1 27.6 1 31.9 1 33.6 1 2000 1 162 5.110% 1 8.5 1 39.0 1 26.7 1 26.8 1 31.3 1 34.0 1 2100 1 130 4.101% 1 10.6 1 41.6 1 25.6 1 25.2 1 30.7 1 35.0 1 2200 1 99 3.123% 1 10.0 1 48.8 1 26.1 1 26.4 1 31.9 1 35.2 1 2300 1 55 1.735% 1 14.9 1 37.0 1 25.0 1 24.3 1 31.5 1 34.3 1 ---- 1 3170 100.0% 1 6.3 1 52.9 1 27.1 1 27.5 1 32.1 1 35.0 1 >PSL 37 mph 0 0.000% 1 8.333% 0 0.000% 0 0.000% 1 10.00% 0 0.000% 2 2.198% 7 5.263 % 2 1.333% 0 0.000% 5 3.937% 8 5.128% 8 3.828% 1 0.450% 5 2.747% 2 0.990% 8 3.101% 8 2.532% 6 2.620% 2 0.957% 1 0.617% 3 2.308% 2 2.020% 1 1.818% 73 2.303% dAE �► , . - _ :x;,�s..' �:,z,.-� . _ - �` i :� . ; ��� spy r � �• •_ .E .�{' �... 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'7—�y�r �.ta �., -`� d '+� �.-•"'.. yg'• sf. 4 .. +_ 1p ��� i }.'•. �7 Cep l 1 y+ 'r, _ - V r #' • �cr',L, : ter. f I I n .r' a I _ 33 - — E,-' $3 B2. l iiI J r < h 3 an 1 B1 5 BLUE — DIRECT PATH LIGHTING GREED — INDIRECT PATH LIGHTING RED — BUILDING LIGHTING Bl , B3 4 ' II' !JBl l i; HI Nl CQLOR PLAN Y Yxdriler�s PeocY SOt k61i L�]tzJTRUCTI� PROPOSAL TO: PHONE DATE Cif-}' OfFavef#e��i1Se 3_e , 2021 A -an: B-woa Humphry JOB NAME Favetteyille Square Garden Ligking Upgrade Phase 2 JOB DESCRIPTION See attached scope sheet We have seen three (3) adden&im(s) or re�ision(s) or daiE tiom(s) Contractor's License 4t063870422 Direct Pafveay Lighting $45,924A0 Indaezt Pathway Lightng $152:920.00 Trenching. hand di`- ng, conduit and mstaliaticn DEDUCT S33,G00.0U Building Lightime $68,0134.M Trenching. hand digging, conduit andinsta}latioo DEDUCT $15,3M-00 Type LT Li& fixture ijn the etc mr balding per sheet E2.3 $33:120.00 PRO-POSAL GOOD FOR M DAYS. MATER3r1L AND TOTAL BED DOLLATk�: MANUFACTURER PRICE ESCAI ATIONS GREATER TRA-N 300,040.00 10% WML REQUIRE .z RE QUOTE_ jNI I �acvacr� arn•a Q1lE: 6�i9-21 } — 33 33 93 B- - 3 ❑ I lJl l' o U1 VI II an BLUE - DIRECT PATH LIGHTING � I'• GREED - INDIRECT PATH LIGHTING RED - BUILDING LIGHTING +' J Y j. �/z 'z 32 CQLOR PLAN ti �I_r Y Yxdriler�s PeocY SOt k61i L�]tzJTRUCPI� �m e� PROPOSAL TO: PHONE DATE ify OfFavef#e-Ale Itme 7, 202f Attn: Byron Humphry JOB NAME Fayetteyille Square Garden Ligking Upgiade Phase 2 JOB DESCRIPTION See attached scope -heet We have seen three (3) adden&im(s) or re'-ision(s) or daiE tiam(s) Contractor's License �W63 B 70422 Direct Fathwav Lighting $45,924A0 Iadaea Path -ray IrgFitmg $132,920.00 Trenching. hand dining, conduit and Lnstaliation DEDUCT S33,GKQG Building Lighting- $68,0134.M Trenching. hand digging, conduit andinsta}latioo DEDUCT $15,3M-00 Type LT Li& fixture ijn the etcstinr budding per sheet E2.3 $33:120.00 PROTOSAL GOOD FOR M DAYS. MATERIAL AND TOTAL BED DOLLARk�: MANUFACTURER PRICE ESCAI ATIONS GREATER TR N 300,040.00 10% WML REQUIRE .z RE QUOTE_ jNI I �acvacr� arn•a QlIE: 6�i9-21 Request • Transportation bond funds pay for Direct sidewalk lighting � $45K • Transportation bond funds pay %z indirect lighting � $75K • Park funds pay for %z indirect lighting ^' 75K • Building light options —later phase, OPO owner, parks install CITY OF FAYETTEVILLE . ARKANSAS TO: City Council Transportation Committee THRU: Chris Brown, Public Works Director/City Engineer FROM: Justin Clay, Parking Manager DATE: June 24, 2021 STAFF MEMO SUBJECT: Amending parking regulations within sections of City Code Chapter 72 RECOMMENDATION: Staff recommends implementing changes to the Downtown Business Parking District to modernize the parking equipment and technology solutions offered consistent with the Parking Master Plan by amending portions of City Code Chapter 72 to: • Allow for additional payment methods at on -street parking meters; • Allow for pay station payment at off-street parking lots; • Change the rates at on -street meters from $0.25/hr. to $0.50/hr.; • Change the rates at off-street meters from $0.15/hr. to 0.25/hr.; • Create a residential permit program for the Downtown Business District; and • Create an employee discount program for the Downtown Business District BACKGROUND: Funding for the capital outlay of these equipment upgrades is made possible by the dissolvement of the Off -Street Parking Development District and their transfer of assets to the City. The funds received may only be used for the same purposes for which they were collected: to improve retail customer parking in the downtown area to support commercial businesses located within the boundaries of the Off -Street Parking Development District. These boundaries are Spring Street on the north, College Avenue on the east, South Street on the south, and Locust Avenue on the West — these boundaries roughly mirror those of the Downtown Square Business Parking District. DISCUSSION: Staff recommends implementing the following changes consistent with the Parking Master Plan. On -Street Metered Parking: Staff recommends upgrading the single-space on -street parking meters in the Downtown Square Business District by replacing approximately 250 coin -operated mechanical meters with "smart" meters at each on -street parking location. Currently the on -street mechanical meters only accept coins (nickels, dimes, and quarters), limiting the payment options available to users. The "smart' on -street parking meters increase payment methods to include credit card payment, contactless payment, and payment via mobile app. These smart meters are also outfitted with sensor technology which allows users to view, in real-time through a mobile app, where available parking spaces exist. The sensors also allow for a tailored approach to enforcement because staff will now know when a vehicle arrives at an on -street parking spot and can then offer a grace period of 15-30 minutes to allow users to access parking spaces for short visits without having to pay the parking rate. Users can also extend their parking session Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 remotely by entering their license plate into a mobile app. Additional benefits with pay -by -license plate management are described below. - Amends 72.58(F), (G) 2. Off -Street Paid Parking: To ensure consistent methods of payment with the on -street smart meters, staff recommends replacing the approximately 275 single-space meters in the five municipal surface parking lots with seven pay stations to allow for payment and permitting by license plate. Because these lots are utilized by many long-term parking permit holders, as opposed to transient parkers generating turnover, multi -space pay stations (similar to what is in place in the Dickson St. Entertainment District) are a much more cost-effective solution compared to installing a smart meter at each off-street parking space. Transitioning to a pay -by -plate method for payment will allow for the same grace period as the on -street sensors. In other words, when a user parks and then enters their license plate number into the pay station or mobile app, each license plate is given 15-30 minutes of "free" parking each day. It will also allow staff to enforce permits by license plate, thus foregoing the material and administrative costs associated with physical permits. Additionally, license -plate based parking allows users to prepay for their parking prior to their arrival since their parking session is now tied to a license plate rather than a specific meter or stall number and it allows parkers the convenience of moving from one space (or applicable lot) to another as long as they have an active parking session. - Amends 72.50: 72.58(G) 3. Rate Changes: To cover the operational costs associated with cellular modem connectivity, credit card transaction fees, sensor technology, and affiliated reporting software for the meters, staff recommends changing the rates for on -street parking from $0.25 per hour to $0.50 per hour. Likewise, staff recommends changing the rates in the long-term parking lots from $0.15 per hour to $0.25 per hour. Staff also recommends considering the removal of time limits at the on -street meters, which currently have a two-hour time limit, to encourage turnover of premium spaces through pricing which will allow customers and visitors to benefit from a "park once" environment where their experience isn't hampered by arbitrary time limits. If revenue increases result from the rate changes and removal of time limits, staff will evaluate the removal of on -street meters from certain underutilized areas, thereby increasing "free" parking options within the area. Staff is not recommending any changes to the rates or regulations associated with the 77 free, two-hour parking spaces around the Square. - Amends 72.58(G) 4. Residential Permit Program: When the paid parking program was authorized for the Dickson Street Entertainment Parking District in 2010, a companion no -cost residential parking permit program was also created. The program allows for residents living within the boundaries of the Entertainment Parking District the opportunity to obtain parking permits for their vehicles as well as guest passes. The residential permits and guest passes may be obtained at no cost to the resident and allow for on -street parking in certain designated areas. The allocation of permits is administered by the Parking Division. A similar program was established in 2019 in a portion of the Wilson Park neighborhood in response to resident concerns over high parking utilization by non-residents. A defined residential parking permit program does not exist within the boundaries of the Downtown Business District, however parking permits for designated long-term parking lots and decks are available for purchase at varying rates ($30-$50 per month). These parking programs were established as a reflection of the unique demand and regulations associated with each parking district. Parking for the Entertainment District is priced every day from 2pm-2am and, absent a residential parking program, residents would be required to pay to park during the hours in which they are most likely to be at home. Most residents live on traditional residential streets, thus necessitating the need for on -street parking near their residence. Conversely, parking in the Downtown Business District is priced from 8a-6p, Monday thru Friday, and the rates and regulations are structured to encourage turnover of on -street parking spaces in a commercial/retail business district. Parking is available at night and on weekends at no cost. To provide an equitable service to residents of both districts, staff recommends establishing a residential parking permit program in the Downtown Business District that would allow residents to park at the same long-term parking lots where monthly permits are eligible (see Exhibit B on last page of packet). The allocation of permits would be administered by the Parking Division in the same manner as the other existing residential programs. Staff further recommends that the Parking Division be authorized to collect an annual fee not to exceed $25 per resident for participation in the Downtown Business District Residential Parking Program. The annual fee is intended to cover material and labor costs as well as help to off -set any lost revenue from existing residents who no longer purchase a long-term parking permit in favor of the no -cost residential permit option. - Amends 72.18 or creates a new code section 5. Employee Discount Program: Currently the Downtown Business District does not offer a true employee discount program. Permits for the long-term lots are available for purchase for $30/month which is an extrapolation of the long-term meter rate of $0.15/hour over the entire 10- hour time period that paid parking is in effect Monday -Friday. The Entertainment District Employee Discount Program allows the Parking Division to issue up to a 90% discount to employees for parking in certain underutilized areas. The employee provides verification of his or her employment within the Entertainment District and is then issued a coupon code to enter at the pay station. This coupon code automatically applies the discount to whatever time the employee is paying for. For example, if the employee enters $5 worth of parking, the code will apply the 90% discount so that the employee only pays $0.50. Staff recommends that the Parking Division be given the same authority for discounted employee parking on daily transactions within the Downtown Business District as it has for the Entertainment District. Furthermore, if the rate changes go into effect for the Downtown Business District, staff recommends keeping the current permit prices the same ($30/month), thereby providing a true discount for permit purchases. - Amends 72.58(H)(4) 6. Mobile App: Staff recommends converting its mobile app provider from PaybyPhone to Parkmobile for use in both the Downtown and Entertainment Districts. While PaybyPhone has been a quality partner and solution for the City, advances have been made in mobile app technology since PaybyPhone was first implemented 10 years ago. Parkmobile is an industry leader in parking and other multi -modal options, provides real-time parking availability data in its app, offers prepaid and event management solutions, allows for validation and coupon code entry, and is commonly used throughout the U.S. thereby increasing the familiarization among visitors and new residents to Fayetteville. 7. Cohesion with Entertainment District: Staff views these recommendations as part of a larger vision to create one parking district that operates seamlessly throughout our expanding downtown with the flexibility to offer common sense parking services and solutions to existing and future businesses, residents, and activities. While rates and regulations may differ from one area of downtown to the next (e.g. Dickson Street vs. Block Avenue), customers, visitors, residents, and employees will have similar experiences and options when it comes to parking (e.g. payment methods, permits, signage, access to real-time availability, grace periods, etc.). These recommendations for modernizing parking solutions in the Downtown Business District are one aspect of this vision. Additionally, staff intends to outfit the new parking deck at Dickson/West with similar technology that would allow transient payment and prepayment by license plate, signage that indicates real-time parking availability, and the same grace periods previously discussed. As funding allows, staff recommends converting the remaining on and off- street parking facilities within the Entertainment District to function the same way, thereby creating a truly cohesive parking network. 8. Consolidation of Parking Districts: Over time, staff recommends consolidating the Entertainment District and the Downtown Business District into one parking district to ensure that the same programs are offered consistently throughout our parking network. These programs would then be scalable as new areas are developed and parking demand indicates a need to install these parking management solutions. While the Downtown modernization recommendations and parking technology purchases for the new deck at Dickson/West may be actively pursued now, staff intends to bring other elements of this plan over time with a goal of implementing a cohesive parking network by the time the Civic Plaza is activated in 2023. - Amends Exhibits attached to City Code Chapter 72 BUDGET/STAFF IMPACT: Staff is in negotiations with IPS Group for parking equipment that meet the recommendations for modernizing the Downtown Business District as well as the new parking deck at Dickson/West. Staff intends to bring a contract for this equipment and for a new mobile app provider to the City Council soon. Attachments: Map of Downtown Business District Parking Code with recommended changes New Code Section for Residential Permit Program for Downtown Business District Downtown Parking Proposed Changes 2020 VProposed Pay Stations On Street Parking M Maintain M Remove Public Parking Lot Long Term Short Term fie T ter- Ivadlne Baum StUZI ' � ., N1lkrest " Towers CI';,: . CITY OF �- FAYETTEVILLE ARKANSAS ctlurr 11 F.I. E Ortkson Sti St pauf'S Episropa+ r Churri r ,r r+ 3W r f �ri M I- r v- P Pubifc - i City' Library f Mai NI 7 Ir 5 Archibald Y' Sri Lldit? 1 .i r � E Rock Sf :�i%" N A 0 360 720 Feet 11. dala cooWwd Ir wx- compiled fro. —im. moors for d. soli use and be-fil of the City MFayetteillr Geographic 5ysion sod [IK public age'rs � amry Any Wrol7ir dons by a�oae v9w [Ipn Uir Cry afFaaearville is at llx wk risk vI7� I.se+:.+I'..! 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ARTICLE I GENERAL REGULATIONS ARTICLE 1 GENERAL REGULATIONS 72.01 Application Of Parking Prohibitions Or Limitations The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. The overtime parking prohibitions prescribed by this chapter shall not apply to governmental vehicles. (Code 1965, §19-139; Ord. No. 1447, 6-7-65; Ord. No. 3350, 4-29-88) 72.02 Nonconsensual, Police -Initiated Towing, Storage And Impoundment Procedures (A) In addition to ticketing an illegally parked vehicle, the Police Department is hereby authorized to initiate a nonconsensual tow or otherwise remove a vehicle from a highway, street, street right-of-way, trail, trail right-of-way, city parking lot or other city owned property or right-of-way not authorized for parking, and have it towed to a storage facility within Fayetteville or within 3 miles of the city limits under the following circumstances: (1) When any vehicle is left unattended upon any bridge, viaduct or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic. (2) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal. (3) When any vehicle is parked illegally and left unattended upon a street, street right-of-way, trail or trail right-of-way; and (a) Constitutes a hazard or obstruction to the normal movement of traffic on the street or trail; (b) Obstructs a driveway or access to a fire hydrant, (c) Is parked in a prohibited area or tow away zone that is so designated by a sign or other official markings; or (d) Is parked continuously upon any street for more than seventy-two (72) hours. (4) When any vehicle is parked beyond the period allowed in a city parking lot and the parking space is needed for reserved parking or a special event or if parked more than twenty-four (24) continuous hours beyond the period allowed. The Mayor or Mayor's designee may also order such illegally parked vehicle in a city parking lot to be towed at the vehicle owner's expense. (5) If a difficult to tow vehicle that cannot reasonably be towed by the property owner's normal towing company needs to be removed from a private parking lot, the parking lot owner may request the police department to initiate a nonconsensual tow. If the police officer agrees that the vehicle presents an unusual and difficult towing situation and the property owner presents facts to support a substantial need for the immediate removal of the vehicle, the police officer may initiate a nonconsensual tow using the Police Department's normal towing company. Fayetteville, Arkansas, Code of Ordinances (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 1 of 27 (B) Whenever the Police Department removes a vehicle from a prohibited parking area under this section and does know or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the Police Department shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and the place to which such vehicle has been removed. (C) Whenever the Police Department moves a vehicle from a prohibited parking area under this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinabove provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, written report of such removal shall be made to the state department whose duty it is to register motor vehicles. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, the name of the garage or place where the vehicle is stored. (D) The owner or lessee of any vehicle towed or impounded pursuant to this section is entitled to a prompt post - deprivation hearing and all rights there under as provided in §72.58(L). The owner or lessee of any vehicle properly towed pursuant to this section shall be required to pay the towing and storage costs. (Code 1965, §19-140; Ord. No. 1447, 6-7-65; Ord. No. 2630, 5-6-80, Code 1991, §72.02; Ord. No. 4388, 4-16-02; Ord. No. 5326, 6-1-10; Ord. No. 5843, §§1, 2, 1-19-16) 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. (G) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signals located at the side of a roadway. (H) Between a safety zone and the adjacent curb or within 30 feet of points of the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings. (1) Within 50 feet of the nearest rail of a railroad crossing. (J) Within 20 feet of the driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within 75 feet of said entrance, when properly signposted. (K) Alongside or opposite any street excavation obstruction when such stopping, standing or parking would obstruct traffic. (L) On the roadway side of any vehicle stopped or parked at the edge of a curb or street. (M) Upon any bridge or other elevated structure upon a highway or within a highway tunnel. (N) At any place where official signs prohibit stopping. (0) On a city trail or trail right-of-way except for government vehicles on official business. (Supp. No. 21) Created: 2021-05-06 12:04:44 [EST] Page 2 of 27 (P) In a city park except for areas designated for parking or otherwise allowed by city staff. (Code 1965, §19-110; Ord. No. 1447, 6-7-65; Code 1991, §72.03; Ord. No. 5843, §3, 1-19-16) 72.04 Unattended Vehicles No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key or, when standing upon any perceptible grade, without effectively setting the brake thereon and turning the front wheels to the curb or side of the highway. (Code 1965, §19-109; Ord. No. 1447, 6-7-65; Code 1991, §72.04) 72.05 Starting A Stopped Vehicle No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety. (Code 1965, §19-112; Ord. No. 1447, 6-7-65; Code 1991, §72.05) 72.06 Method Of Parking Pursuant to A.C.A. §27-51-1301, a vehicle parked on any street in the city shall be parked on the right-hand side of the street, headed in the direction of traffic with its right-hand wheels parallel to and within 18 inches of the curb, except where streets have been marked for angle parking, and except that, on one-way streets, vehicles may be parked on the left-hand side of the street, unless parking is prohibited on such side. In every case, a vehicle shall be parked entirely within any lines or markings on the street designating parking spaces. (Code 1965, §19-120; Ord. No. 1447, 6-7-65; Code 1991, §72.06) 72.07 Designation And Marking Of Areas Where Parking Is Prohibited Or Restricted The Mayor may, from time to time, designate streets or portions thereof, or other areas, where the parking of vehicles is prohibited, limited or restricted, and it shall be the duty of the Traffic Superintendent to indicate such areas by appropriate markings or signs giving notice of the prohibition, limitation or restriction. (Code 1965, §19-121; Ord. No. 1447, 6-7-65; Code 1991, §72.07) 72.08 Illegal Parking And Overtime Parking It shall be unlawful for any person to cause, allow or permit any vehicle registered in his name or owned or operated by him to be parked in any space or area in which parking is prohibited or to remain in any parking space for a longer time than designated for the particular space, or to be parked or to remain in violation of any restriction on parking imposed by the city. This section shall be enforced only when appropriate signs or markings are in place as required by §72.07. (Code 1965, §19-122; Ord. No. 1447, 6-7-65; Code 1991, §72.08) (Supp. No. 21) Created: 2021-05-06 12:04:44 [EST] Page 3 of 27 72.09 Parking Prohibited At All Times On Certain Streets When signs are erected on any street or part of street giving notice thereof, no person shall park a vehicle on the side or sides of any such street or part of street so designated for no parking. (Code 1965, §19-123; Ord. No. 1447, 6-7-65; Code 1991, §72.09) 72.10 Parking Prohibited During Certain Hours On Certain Streets When signs are erected on any street, or part of street, in each block giving notice thereof, no person shall park a vehicle on any such street, or part of street in each block so designated between the hours specified by the signs, except on weekends and public holidays. (Code 1965, §19-124; Ord. No. 1447, 6-65; Ord. No. 4388, §2, 4-16-02) 72.11 Stopping, Standing, Or Parking Prohibited During Certain Hours On Certain Streets When signs are erected on any street, or part of street, in each block giving notice thereof, no person shall stop, stand, or park a vehicle on any such street, or part of street in each block so designated between the hours specified by the signs, except on weekends and public holidays. (Code 1965, §19-125; Ord. No. 1447, 6-7-65; Ord. No. 4388, §3, 4-16-02) 72.12 Parking Time Limited To One Hour On Certain Streets When signs are erected on any street, or part of street, in each block giving notice thereof, no person shall park a vehicle on any such street, or part of street, in each block so designated for longer than one (1) hour at any time between the hours of 7:00 a.m. and 6:00 p.m. of any day, except weekends and public holidays. (Code 1965, §19-126; Ord. No. 1447, 6-7-65; Ord. No. 4388, §4, 4-16-02) 72.13 Two -Hour Parking Zones; Towing Procedures (A) The Parking Manager is hereby authorized to determine the location of two (2) hour parking zones and to place and maintain appropriate signs indicating the same and stating the hours during which such limitations are applicable. All such locations heretofore and hereafter designated as two-hour parking zones shall be subject to the provisions of this section. (B) No person shall park any vehicle in any two-hour parking zone located in the city for longer than two (2) consecutive hours during any four-hour period, except on weekends and public holidays. (Code 1965, §19-127; Ord. No. 1447, 6-7-65; Ord. No. 2769, 11-3-81; Ord. No. 2784, 12-15-81; Ord. No. 2915, 4-19- 83; Ord. No. 4388, §5, 4-16-02) 72.14 Parking Near Scene Of Fire It shall be unlawful for any person to park any vehicle within any block where fire apparatus has stopped in answer to a fire alarm. (Code 1965, §19-128; Ord. No. 1447, 6-7-65; Code 1991, §72.14) (Supp. No. 21) Created: 2021-05-06 12:04:44 [EST] Page 4 of 27 72.15 Parking Restrictions On City Streets In General And For Large Trucks, Tractors And Trailers And Non Emergency Repairs (A) All Vehicles. No person shall park a vehicle at the same location on a city street for longer than fourteen (14) consecutive days, nor park any vehicle requiring a license plate without its valid and current license plate properly affixed thereto. (B) Large Vehicles. No person shall park a truck, tractor or trailer with a capacity of over one ton, or the chassis thereof, on any street between the hours of 12:00 midnight and 6:00 a.m. (C) Nonemergency Repairs. No person shall use any street for the purpose of repairing or reconditioning any vehicle or trailer, except when such repairs shall be necessitated by an emergency. (Code 1965, §19-130; Ord. No. 1447, 6-7-65; Code 1991, §72-15; Ord. 5598, 7-2-13) 72.16 Parking Prohibited Within Fire Lanes It shall be unlawful for any person to park any motor vehicle or motorcycle within a designated fire lane. The Police Department shall not be required to patrol any fire lane at Northwest Arkansas Mall, but upon being called, police officers shall come to the scene of an alleged violation and may issue a citation or arrest the offender, if the offense is committed or is in existence in the presence of the officer. (Code 1965, §19-141; Ord. No. 2427, 3-14-78; Code 1991, §72.16; Ord. No. 5598, 7-2-13) 72.17 Illegal Parking In Disability Parking Areas, Penalties Any vehicle found to be parked in an area designated for the exclusive use of any person with a disability as set forth in the Access to Parking for Persons with Disabilities Act (Act 907 of 1985 as amended, Americans with Disabilities Act, 28 C.F.R. Part 36, Appx. A), on which is not displayed a special license plate, a special certificate, or an official designation of another state as authorized by the aforementioned Act, or which is found to be parked in an area designated for the exclusive use of any person with a disability, if operated by a person who is not being used for the actual transporting of a person with a disability shall be subject to impoundment by the appropriate law enforcement agency. In addition thereto, the owner or operator of the vehicle shall, upon conviction, be subject to a fine of not less than $100.00, nor more than $500.00 for each offense, plus applicable towing impoundment, and related fees, as well as court costs. (Ord. No. 4120, §1, 9-1-98) 72.18 Residential Parking Permit Program For The Entertainment District Parking Zone (A) Applicability: This Residential Parking Permit Program shall be applicable within the Entertainment District Parking Zone as shown and described on Exhibit A attached to the enacting ordinance. This parking zone will be further divided by Dickson Street into the North Zone for included residents living north of Dickson Street and the South Zone for included residents living south of Dickson Street. (B) Definitions: Fuel efficient scooter or bicycle means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. Guest pass means the pass or authorization to park within the appropriate on -street parking zone pursuant to this section. (Supp. No. 21) Created: 2021-05-06 12:04:45 [EST] Page 5 of 27 Registered vehicle means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Entertainment District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Entertainment District. The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the Zone to justify issuance of a residential parking permit for a resident's vehicle. Resident means a natural person residing within a dwelling that the resident owns, leases or rents within the Entertainment District Parking Zone. Residential parking permit means the currently valid permit issued by Parking Division which allows the resident to park the permitted resident's vehicle in an authorized on -street parking zone pursuant to the terms of this section. (C) Restricted Parking Periods: From 2:00 p.m. on Sundays and 10:00 a.m. Monday through Saturday until 2:00 a.m. every day, designated on -street parking spaces within the Entertainment District Parking Zone North and South shall be restricted to properly permitted vehicles. The owner of any vehicle improperly parked during this period shall be subject to the penalties set forth in §72.99. (D) On -street Parking Restrictions for Most Vehicles in the Entertainment District Parking Zone: Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone North shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone North of Dickson Street during the restricted parking period. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone South shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone South of Dickson Street during the restricted parking period. (E) Special Regulations for Oversized Vehicles, Motorcycles, Motor Scooters and Bicycles: No vehicle that cannot fit within a standard on -street parking space may be parked on -street in the Entertainment District Parking Zone unless its owner or operator has obtained a special limited time and location permit pursuant to (1). (1) An operator or owner of a moving van or other oversized vehicle that needs to park on -street in a designated area for a limited time to serve a residence, business or office within the Entertainment District Parking Zone may be issued a special, limited time and location parking permit by the Parking Division. (2) A resident of the Entertainment District Parking Zone who owns a motorcycle or motor scooter with over 70 cubic centimeters displacement may be issued a residential permit which shall allow free parking only in specially designed motorcycle/motor scooter on -street parking spaces and is prohibited from parking in standard on -street parking spaces reserved for residents' cars. Operators of motorcycles and motor scooters may park in paid parking spaces at the standard parking rate. No motorcycle nor any motor scooters may be parked on a sidewalk. (3) Operators of fuel efficient scooters and bicycles may park for free in specially designated parking spaces, but must pay the standard parking rate if parked in a normal paid parking space. No bicycle may be parked on a sidewalk unless it is utilizing a permanently installed and permitted bicycle rack. (F) Mixed Use On -Street Parking. On street parking spaces on Spring Street from Block Avenue to West Avenue, on School Avenue from Center Street to Spring Street, on Locust Avenue from Spring Street to Center Street, on Church Avenue from Dickson Street to Meadow Street, on Lafayette Street from West Avenue to Forest Avenue, and on Vandeventer Avenue from Lafayette Street to Maple Street shall be available to the public for paid parking and to residents of the corresponding Entertainment District Parking Zone for properly permitted vehicles free of charge. (G) Free Public Use of Paid On -street Parking. From 2:00 a.m. until 2:00 p.m. every day, all on -street paid parking spaces within the Entertainment District Parking Zone shall be free of charge and available to the public. (Supp. No. 21) Created: 2021-05-06 12:04:45 [EST] Page 6 of 27 (H) Temporary Guest Passes: An Entertainment District Parking Zone resident may request the city to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with the goal of accommodating the needs of both residents and businesses within the Entertainment District Parking Zone. Use of a guest pass in a manner not authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (1) Residential Parking Permits May Not Be Loaned, Transferred, Sold or Used Except on the Designated Registered Vehicle: Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three (3) years. (J) Penalty: The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. (Ord. No. 5323, 6-1-10; Ord. No. 5368, 12-7-10; Ord. No. 5558, 01-03-13; Ord. No. 5598, 7-2-13; Ord. No. 6229, §2, 9-17-19; Ord. No. 6259, §1, 11-19-2019) 72.19 Parking Blocking A Mailbox Prohibited (A) A person may not park his or her vehicle on a city street in front of and blocking a mailbox from 8:00 a.m. until 5:00 p.m., Monday through Saturday. This prohibition of parking shall not be applicable or enforced on any day that USPS does not deliver mail such as all Federal Holidays. (B) The penalty for a violation of this section shall be as set forth in §72.99(B). (Ord. No. 5764, 5-5-15) 72.20 Wilson Park South Neighborhood Permit Parking District (A) Applicability: This neighborhood permit parking district shall be applicable as shown and described on Exhibit C attached to the enacting ordinance. This neighborhood permit parking district shall apply only to the residential properties that are situated between Louise Street, Park Avenue, Maple Street, and Wilson Avenue. (B) Definitions: Guest permit means the pass or authorization that allows a guest permit holder to park within the authorized on -street parking space within the neighborhood permit parking district pursuant to the terms of this section. Registered vehicle means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the neighborhood permit parking district. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the neighborhood permit parking district. The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the neighborhood permit parking district to justify issuance of a residential parking permit for a resident's vehicle. Residence means a legal residential address and shall exclude business addresses. Resident means a natural person residing within a dwelling that the resident owns, leases or rents within the neighborhood permit parking district. (Supp. No. 21) Created: 2021-05-06 12:04:45 [EST] Page 7 of 27 Residential parking permit means the currently valid permit issued by the Parking Division which allows the resident to park the permitted resident's vehicle in an authorized on -street parking space within the neighborhood permit parking district pursuant to the terms of this section. (C) On -street Parking Restrictions for Most Vehicles in the Neighborhood Permit Parking District: Where designated by signs and as shown on the exhibits, only residents of the neighborhood permit parking district shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the district. (D) Special Regulations for Oversized Vehicles: No vehicle that cannot fit within a standard on -street parking space may be parked on -street in the neighborhood permit parking district unless its owner or operator has obtained a special limited time and location permit. An operator or owner of a moving van or other oversized vehicle that needs to park on -street in a designated area for a limited time to serve a residence, business or office within the neighborhood permit parking district may be issued a special, limited time and location parking permit by the Parking Division. (E) Mixed Use On -street Parking: Where designated by signs and as shown on the exhibits, certain on -street parking spaces within the neighborhood permit parking district shall be available to the public for paid parking and to residents of the neighborhood permit parking district for properly permitted vehicles free of charge. (F) Public Use of Paid On -street Parking: For parking in the neighborhood permit parking district, the parking rates shall be established by the Parking Division within the following parameters: (1) The initial paid parking rates and hours for the district shall be $1.00 per hour from 8:00 a.m. until 4:00 p.m. and $1.50 per hour from 4:00 p.m. until 2:00 a.m. every day. (2) Adjustments to the paid parking rates or hours shall be subject to the following limitations: (a) The first adjustment to the paid parking rates and hours, if necessary, shall be made in the first two (2) weeks of August 2020. Thereafter, the paid parking rates and hours shall not be adjusted by the Parking Division for a period of one (1) year. (b) The Parking Division shall conduct a utilization assessment based on peak hours and days prior to any adjustment. (c) Rate and hour adjustments shall be based on deviation from ideal utilization rate of 75% of the paid parking spaces as determined by the Parking Division. The Parking Division shall increase or decrease paid parking rates by $0.10 for every five (5) points away from the ideal utilization rate with the goal of reaching the ideal utilization rate. (d) Rate adjustments shall be made in $0.10 increments and shall not exceed $0.50 per adjustment period. (e) Adjustments to the paid parking rates or times shall be communicated through signage in the district and the mobile parking application for fourteen (14) days prior to the implementation of the adjustment. (f) Rates shall not be adjusted below the rates established within the Entertainment District Parking Zone. (G) Issuance of Permits: The Mayor or designee shall administer the neighborhood permit parking district program with a goal of accommodating the needs of residents within the neighborhood permit parking district. This program shall set forth procedures for the issuance, renewal, and allotments of residential parking permits and temporary guest permits. Use of a permit in a manner not authorized by the neighborhood permit parking district program shall be a violation of this section for the vehicle's owner. (Supp. No. 21) Created: 2021-05-06 12:04:45 [EST] Page 8 of 27 (1) Residential parking permits and guest permits shall be allocated based on single-family unit, multi- family unit, and fraternal unit designations. (2) Properties designated as fraternal units located within the neighborhood permit parking district shall be eligible to participate in the Entertainment District Residential Parking Program pursuant to §72.18 and to receive permits as allowed by the neighborhood permit parking district program. (3) The Parking Division may set fees for the purchase of additional residential parking permits or guest permits beyond any maximum allowed under the neighborhood permit parking district program. The request for additional permits shall be considered on a case by case basis. The annual fee for an additional residential parking permit or guest permit shall not exceed $250.00. (4) Businesses shall not be eligible to obtain a residential parking permit or guest permit within a neighborhood permit parking district. (H) Residential Parking Permits May Not Be Loaned, Transferred, Sold or Used Except on the Designated Registered Vehicle: Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three (3) years. (1) Penalty: The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. (Supp. No. 21) Created: 2021-05-06 12:04:45 [EST] Page 9 of 27 �`•r tr , + __--fir i �1� r _ f .-• ..�yT, j MWED-USE CITY OF FAYETTEVILLE RES,LAENT-PERMIT ONLY Exhibit C 0 0.03 0.05 V VL SCN PAW S., L l H NEGHBORHOM FEFM PAF41NG LJS FW I Fj Miles ( Ord. No. 6259, §2(Exh. 1), 11-19-2019) 72.21-72.29 Reserved Insert text for Residential Permit text for Residential Permit Program for Downtown Downtown Business District (Ord. No. 5764, 5-5-15) ARTICLE 11 LOADING ZONES 72.30 Designation Of And Permit For Curb Loading Zones (A) The Traffic Superintendent is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this section shall be applicable. (Supp. No. 21) Created: 2021-05-06 12:04:45 [EST] Page 10 of 27 (B) The Traffic Engineer shall not designate or sign any curb loading zone upon special request of any person unless such person makes application for a permit for such zone and for one sign to indicate each zone. (C) Any person desiring passenger or loading or unloading zones may make application in writing to the traffic superintendent and shall pay to the city $120.00 per meter space, per year. (D) In the event such request is for a loading zone outside of the parking meter district, then such person making the request shall pay to the city an annual fee of $2.00 per foot per year for the purpose of covering the expense of the city in painting and designating with appropriate signs, and otherwise maintaining such limited parking or unloading zones. Such payment shall be made to the city on or before the first day of July of each and every year. (E) The person or persons who own the property adjacent to any zone designated by the Traffic Superintendent shall not be required to pay said maintenance fee as required by this section, provided such zone is designated by the Traffic Superintendent for the convenience of the general public. Such zones shall be maintained and cared for at the expense of the city. (F) It is hereby declared to be unlawful for any person to paint the curb, sidewalk or any part of the street of the city in any manner whatsoever, and it shall be unlawful for any person to designate any part of the street of the city as being limited in any manner with respect to parking thereon. (Code 1965, §19-31; Ord. No. 1447, 6-7-65; Ord. No. 2405, 12-20-77; Code 1991, §72.30) 72.31 Restricted Use Of Passenger And Freight Curb Loading Zones (A) No person shall stop, stand or park a vehicle for any purpose or period of time, other than for the expeditious loading or unloading of passengers, in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zones are effective, and then only for a period of not to exceed three (3) minutes. (B) No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pick-up and loading of materials, in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed fifteen (15) minutes. During the entire time that a driver is parked and loading or unloading materials, the driver must turn on the vehicle's emergency flashers. (Code 1965, §§119-132, 119-133; Ord. No. 1447, 6-7-65; Code 1991, §72.31; Ord. No. 5598, 7-2-13) 72.32 Designation Of Bus Stops And Taxicab Stands; Use Of Such Locations (A) The Traffic Superintendent is hereby authorized to establish bus stops, bus stands, taxicab stands and stands for other passenger common -carrier motor vehicles on the public streets in such places as he shall determine to be of the greatest benefit and convenience to the public, such bus stops, bus stands, taxicab stands or other stands so established shall be designated by appropriate signs where deemed by the Traffic Superintendent as necessary. (B) The following rules shall govern the stopping, standing and parking of buses and taxicabs: (1) The operator of a bus shall enter a bus stop, bus stand or passenger loading zone or other location where passengers are normally discharged or picked up in such manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position as close to the curb as possible, so as not to impede unduly the movement of other vehicular traffic. (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 11 of 27 (2) The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand designated by the Traffic Superintendent. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious unloading or loading of passengers. (C) No person shall stop, stand or park a vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading and unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. (Code 1965, §§19-134-19-136; Ord. No. 1447, 6-7-65; Ord. No. 2745, 8-4-81; Code 1991, §72.32) 72.33 Hotel Loading Zones The Traffic Superintendent shall establish and mark hotel zones to be used solely for the loading and unloading of passengers and baggage. Standing or parking in such hotel zones shall be limited to fifteen (15) minutes and no person shall park a vehicle in a hotel zone except for the purpose of taking and discharging passengers and baggage destined for such hotel. (Code 1965, §19-137; Ord. No. 1447, 6-7-65; Code 1991, §72.33) 72.34 Parking Signs Or Curb Markings Authorized Whenever the Fayetteville Code imposes a parking time limit or prohibits or limits parking or stopping on any street or part of street, the Traffic Superintendent shall be authorized where necessary to erect signs or to paint curb markings on such street or part of street giving notice thereof. (Code 1965, §19-138; Ord. No. 1447, 6-7-65; Ord. No. 2650, 7-15-80; Code 1991, §72-34; Ord. No. 5765, 5-5-15) 72.35-72.49 Reserved ARTICLE 111 PARKING METERS 72.50 Definitions For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning: Downtown Business District Parking Zone. The area depicted on the map and described on Exhibit B attached to this enacting ordinance. Electronic payment stations: A place where a person who has parked his vehicle in a Downtown Business District or Entertainment District Parking Zone paid parking space or lot may pay the appropriate fee for the paid parking space. Employee parking card: A card issued by the Parking Division for use only by employees of businesses operating in the Entertainment District Parking Zone which may be discounted by the Mayor up to 90% of normal parking rates for certain paid parking spaces within the zone. (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 12 of 27 Entertainment District Parking Zone: The area depicted on the map and described on Exhibit A attached to this enacting ordinance. Operator. Every individual shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or any person who is in actual physical control of a vehicle. Park or parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle. Parking meter. Portions of streets within which the parking of vehicles are controlled, regulated, and inspected with the aid of timing devices or meters, herein referred to as "parking meters" or "meters". Parking meter facility. Any real estate (except any public street, avenue, road, alley, or highway not specifically described herein) owned, leased, or operated by the city, upon which parking meters are installed and in operation for the use of vehicles. Parking meter space. Any space within a parking meter facility or parking meter zone adjacent to a parking meter and which is duly designated and marked for the parking of a vehicle in accord with this article. Parking meter zones. Portions of streets described and established by the City Council as zones within which the parking of vehicles shall be controlled, regulated, and inspected with the aid of timing devices or meters, herein referred to as "parking meters" or "meters". Vehicle. Any device in, upon or by which any person or property is or may be transported upon a street, except a device which is operated upon rails or tracks. (Code 1965, §19-S1; Ord. No. 931, 2-23-48; Ord. No. 1083, 6-6-55, Ord. No. 4222, 2-15-00; Code 1991, §72.50; Ord. No. 5324, 6-1-10; Ord. No. 5369, 12-7-10; Ord. No. 5598, 7-2-13) 72.51 Presumption As To Unlawful Parking In Metered Space And Paid Parking Space Or Lot Serviced By An Electronic Payment Station. The indication on the parking meter or within the Electronic Payment Station System that the paid for time has expired shall be presumptive evidence, as to the parked vehicle then found in the parking space or paid parking lot regulated by such parking meter or the Electronic Payment Station System, that the owner or driver has failed to pay for all the parking used in such space or lot which shall be presumptive evidence of the violation of unlawful parking. (Code 1965, §19-152; Ord. No. 931, 2-23-48; Ord. No. 1083, 6-6-55; Code 1991, §72.51; Ord. No. 5324, 6-1-10) 72.52 Purpose Of Deposit Or Electronic Payment Requirement The coins required to be deposited in parking meters or the electronic payment required to be made at electronic payment stations by this article are for the purpose of regulating parking, to cover part of the cost of such necessary regulation for the convenience and protection of the public, to accumulate revenues to use for the construction of additional parking facilities including parking decks, and to provide operating revenue for the Walton Arts Center. (Code 1965, §19-153; Ord. No. 931, 2-23-48; Ord. No. 1083, 6-6-55; Code 1991, §72.52; Ord. No. 5324, 6-1-10) (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 13 of 27 72.53 Depositing Slugs Or Making Simulated Electronic Payment Prohibited (A) It shall be unlawful for any person to deposit or cause to be deposited in any parking meter installed under this article any slug, device or substitute for a coin of the United States of America. (B) It shall be unlawful for any person to simulate an electronic payment at any electronic payment station installed under this article by any means. (Code 1965, §19-154; Ord. No. 931, 2-23-48; Ord. No. 1083, 6-6-55; Code 1991, §72.53; Ord. No. 5324, 6-1-10) 72.54 Tampering With Meters Or Electronic Payment Stations Prohibited It shall be unlawful for any person to deface, injure, tamper with, willfully break, destroy or impair the usefulness of, or to open without lawful authority, any parking meter or electronic pay station installed in accord with this article. (Code 1965, §19-155; Ord. No. 931, 2-23-48; Ord. No. 1083, 6-6-55; Code 1991, §72.54; Ord. No. 5324, 6-1-10) 72.55 Collections From Meters And Electronic Payment Stations The Parking Manager shall collect all deposits or electronic transactions from parking meters and electronic payment stations installed under this article and deliver them to the Accounting Department or as directed by the Mayor. (Code 1965, §19-156; Ord. No. 931, 2-23-48; Ord. No. 1082, 6-6-55; Ord. No. 1083, 6-6-55; Code 1991, §72.55; Ord. No. 5324, 6-1-10) 72.56 Loading Zones Not Prohibited Nothing in this article shall be construed as prohibiting the city from providing for bus stops and taxicab stands and for other matters of similar nature, including the loading or unloading of trucks, vans or other commercial vehicles. (Code 1965, §19-157; Ord. No. 931, 2-23-48; Ord. No. 1083, 6-6-55; Code 1991, §72.56) 72.57 Parking Meter Zones (A) The Mayor, or his duly authorized representative, is hereby authorized to describe, establish and alter parking meter zones. (B) Parking meters shall be installed not more than 2 feet from the curb nor more than 4 feet from the front line of the parking space. Spaces shall be marked out as individual parking meter spaces for vehicles and kept clearly marked at all times. No parking meter authorized herein shall be so installed or a parking space so established that it will obstruct the convenient egress and ingress to any property butting on any street. (C) Each parking meter installed under this section, shall be set to operate upon the deposit therein of the prescribed coin or coins for the period of time prescribed as parking time limits in subsection (F) below. Each of such meters shall be so arranged so as to show or display a signal, which shall clearly indicate whether the time limit during which parking in that space is permitted has expired. (D) Any person parking a vehicle within a parking meter zone established by this section shall park the same wholly within the lines of the parking space marked as provided in subsection (B), and it shall be unlawful for any person to park or leave a vehicle in any such zone, unless it is wholly within such space. Where the (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 14 of 27 parking meters are placed in front of parking spaces, the radiator shall be as near as possible to the parking meter controlling the space, and where the parking meters are placed alongside the parking spaces, the front fender or front wheels of the vehicle shall be as near as possible to the parking meter controlling the space. (E) Regulated Hours for Parking Meters. (1) Within the Entertainment District Parking Zone between the hours of 2:00 p.m. until 2:00 a.m. every day, the owner or driver of a vehicle upon parking the vehicle in a parking meter space shall immediately deposit into the parking meter or electronic payment station sufficient money or other authorized payment as required in §72.58(H). (2) Within the Downtown Business District Parking Zone between the hours of 8:00 a.m. until 6:00 p.m. from Monday through Friday (except city holidays), the owner or driver of a vehicle upon parking the vehicle in a parking meter space shall immediately deposit into the parking meter sufficient money as required in §72.58(G). (3) The Mayor or his designee is hereby authorized to establish grace periods within the Entertainment and Downtown Business Parking Zones whereby the parking rate may be waived for a limited amount of time upon the arrival of a vehicle into a paid parking space. (F) Unlawful to Leave Vehicle Parked in Excess of Allowed Time. Upon the expiration of the legal parking time paid for and allowed pursuant to this chapter during the period that paid parking is required, it is unlawful for the owner or driver to leave the vehicle in the parking space. Violation of such overtime parking shall be punished pursuant to §72.99. (Code 1965, §§19-169-19-173; Ord. No. 931, 2-23-48; Ord. No. 1196, 4-6-59; Ord. No. 1775, 12-21-70; Ord. No. 2403, 12-6-77; Ord. No. 2410, 1-16-78; Ord. No. 2616, 4-1-80; Ord. No. 2769, 11-3-81; Ord. No. 4222, 2-15-00; Code 1991, §72.57; Ord. No. 5324, 6-1-10; Ord. No. 5598, 7-2-13) 72.58 Off -Street Parking Facilities; Rules And Rates (A) Established. The following named and described real estate lying within the corporate limits of the city is hereby established as and shall constitute parking meter facilities within the Downtown Business District Parking Zone. (1) Lots 8 to 15, inclusive, in Block 26 of the original plat of the city, including an alley 10 feet in width and running in an east and west direction and adjoining the southern boundary of Lots 12 to 15, inclusive, and the northern boundary of Lots 8 to 11 inclusive. (2) Lots 8, 9, 10, 11, 12, 13, 14 and 15 of Block 30, in the town (now city), as designated upon the original plat of said town. (3) Lot 9A and a part of Lot 10, in Block 29, of the original plat of the city. (4) Part of the Northwest Quarter of the Southwest Quarter of Section 15, Township 16 North, Range 30 West, described as follows: Beginning at a point 84 feet south and 25 feet east of the northwest corner of the said 40-acre tract, and running thence south 178 feet; thence east 70.3 feet; thence north 178 feet; thence west 70.3 feet to the point of beginning. (5) A part of Block 7, of the original plat of the city, more particularly described as beginning at a point 13 feet and two inches south of the northwest corner of said Block 7, running thence east 50 feet; thence south 267 feet to the point of beginning. (6) Lots 7, 8, 9 and 10 of Block 17 in the town (now city) as designated upon the original plat of said town. (7) Lots 8, 9 and 10 of Block 13 in the town (now city) as designated upon the original plat of said town. (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 15 of 27 (8) Lots 1, 2, Lot 3, less 52.53 feet of equal and uniform width off the south side thereof, and Lot 12, less 50 feet of equal and uniform width off the south side thereof of Block 13 in the town (now city) as designated upon the original plat of said town. (9) Part of Block 25, in the town (now city) as designated upon the original plat of said town, and more particularly described as follows: Beginning at the northeast corner of Lot 1 in said Block 25, thence west 42 feet; thence south 49.3 feet; thence west 58 feet; thence south 58.7 feet to the center of a platted alley; thence east 100 feet; thence north 107 feet to the point of beginning. (10) Part of Block 15, in the original plat of the city, described as follows: Beginning at a point 127 feet west of the northeast corner of Block 15 and running thence south 206 feet to the north line of a 12-foot alley; thence west 177 feet to the east line of an alley; thence north 90 feet; thence east 22 feet; thence north 116 feet to the south line of Meadow Street; thence east 17 feet; thence south 27 feet; thence east 20 feet; thence north 27 feet to the south line of Meadow Street; thence east 118 feet to the point of beginning. (11) Lots numbered 12 and 13 in Block 30 of the original town (now city). (B) Definitions. For the purpose of this section "public off-street automobile parking facilities" are defined as accommodations procured or provided, or both, by public authority for the parking of motor vehicle off the street or highway, and open to public use with or without charge. Parking facilities may consist of lots, garages, or other structures and accessories; they may be surfaced facilities or facilities above or below ground. (C) Marking of Parking Spaces. The Mayor is hereby authorized to mark off individual parking spaces in the parking meter facilities established by this section, such parking spaces to be designated by lines painted or durably marked on the curbing or otherwise. (D) Installation, Location, Mechanical Requirements, and Maintenance of Meters within the Downtown Business District Parking Zone. In the parking meter facilities established by this article, the Mayor shall cause parking meters to be installed upon the curb immediately adjacent to the parking spaces marked in accord with subsection (C) above, such installation to be placed not more than two feet from the curb or concrete islands as provided, from the front line of the parking space as indicated, and the mayor shall be responsible for the regulation, control, operation, maintenance, and use of such parking meters. Each parking meter installed shall indicate by proper legend the legal parking time established by the city and, when operated, shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. (E) Vehicles to Be Parked Entirely Within Parking Spaces. At each space marked off in accord with subsection (C) above, it shall be unlawful for any person to park any vehicle across any lines or markings of such space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings. (F) Deposit of GeinPayment Required. (1) Except in a period of emergency determined by an officer of the Fire or Police Departments, or in compliance with the directions of a police officer or traffic control sign or signal, when any vehicle is parked in any parking space alongside or next to which a parking meter is located in accord with this section, the operator of such vehicle shall, upon entering the parking meter space, immediately make payment for the applicable parking rate. If paving by coin, the operator of such vehicle shall deposit or cause to be deposited in the meter such proper coin of the United States as is required for such parking meter and is designated by proper directions on the meter, and when required by the directions on the meter, the operator of such vehicle, after the deposit of the proper coin or coins, shall also set in operation the timing mechanism on such meter in accordance with directions properly appearing thereon. Failure to deposit such proper coin, and to set the timing mechanism in operation when so required, shall constitute a violation of this section. Upon the deposit of such eei=Rproper payment (and Created: 2021-05-06 12:04:46 [EST] (Supp. No. 21) Page 16 of 27 the setting of the timing mechanism in operation when so required) the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed; provided that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space shall not be required to deposit a coin so long as his occupancy of the space does not exceed the indicated unused parking time. (2) This section shall apply every day between the hours of 8:00 a.m. and 6:00 p.m., except Sundays and legal holidays. (G) City Parking Lots and Parking Meters Within the Downtown Business District Parking Zone. For all the parking lots identified in subsection (A) and all parking meters. The following parking fees are established and shall be required to be paid by the owner or operator of any vehicle parked in those spaces or parking lots: (1) Long-term metered spaces (Fed capped paFkiRg rneteF5) — $ 253-5 per hour. (2) All other parking meters — $.5025 per hour. (3) Gated lot (per space) — $30.00 per month. (4) Long-term parking permits (hang tags) for use only at long-term (red -capped) meters — $30.00 per month. (5) Town Center Parking Deck — not more than $70.00 per month nor more than $4.00 per day if space is available. (6) Discounted Parking rates for Employees (employee parking cards or coupons). In order to assist employees working in the Downtown Business District Parking Zone, the Mayor is authorized to sell and issue emDlovee Darkine cards or codes that can be used for certain more distant oarkine spaces at a highly discounted rate of up to 90% off the normal parking rate. (H) City Parking Lots, Parking Decks and Paid On -street Parking Spaces Within the Entertainment District Parking Zone. For parking in the West Avenue Lot, South Lot, East Lot, North Lot, Spring Street Parking Deck and all paid on -street parking spaces within the Entertainment District Parking Zone, the following parking fees are established and shall be required to be paid by the owner or operator of any vehicle parked in those spaces or lots: (1) Monday Through Friday: (a) 2:00 p.m. until 5:00 p.m. — $.50 per hour (b) 5:00 p.m. until 2:00 a.m. the following day — $1.00 per hour (c) 2:00 a.m. until 2:00 p.m. — free parking (d) 2:00 p.m. until 2:00 a.m. the following day — the owner or operator of any vehicle shall have the option to choose a maximum day rate of $5.00 (2) Saturday and Sunday: (a) 2:00 p.m. until 6:00 p.m. — $.50 per hour (b) 6:00 p.m. until 2:00 a.m. the following day — $1.00 per hour (c) 2:00 a.m. until 2:00 p.m. — free parking (d) 2:00 p.m. until 2:00 a.m. the following day — the owner or operator of any vehicle shall have the option to choose a maximum day rate of $5.00 (3) Motorcycle and Motor Scooter Parking in Specially Designated Motorcycle/Motor Scooter Paid Parking Spaces. The above parking rates for normal, passenger car sized paid parking spaces shall be reduced by 50% for all specially designated motorcycle/motor scooter paid parking spaces. All motorcycles and (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 17 of 27 motor scooters will have to pay the normal full rate if parked within a normal, passenger car sized parking space. (4) Discounted Parking rates for Employees (employee parking cards or coupons). In order to assist employees working in the Entertainment District Parking Zone, the Mayor is authorized to sell and issue employee parking cards or codes that can be used for certain more distant parking spaces at a highly discounted rate of up to 90% off the normal parking rate. (5) Reserved. (6) West Annex Parking Lot53. For parking in the West Annex Parking Lot 53 located at 346 West Avenue, the parking rates shall apply as follows: (a) Monday through Friday: 5:00 p.m. until 2:00 a.m. the following day — $1.00 per hour - the owner or operator of any vehicle shall have the option to choose a maximum day rate of $5.00. 2:00 a.m. until 7:00 a.m. — free parking 7:00 a.m. until 5:00 p.m. — University permit parking only (enforced by U of A) (b) Saturday: 2:00 p.m. until 6:00 pm — $.50 per hour 6:00 p.m. until 2:00 a.m. the following day — $1.00 per hour 2:00 a.m. until 2:00 pm - free parking 2:00 p.m. until 2:00 a.m. the following day — the owner or operator of any vehicle shall have the option to choose a maximum day rate of $5.00. (c) Sunday: 2:00 p.m. until 6:00 p.m. — $.50 per hour 6:00 p.m. until 2:00 a.m. the following day — $1.00 per hour 2:00 a.m. until 7:00 a.m. Monday — free parking 2:00 p.m. until 2:00 am the following day — the owner or operator of any vehicle shall have the option to choose a maximum day rate of $5.00. (1) Rates for Parking in City Parking Garages. (1) Parking garages shall be rented monthly at a market rate not to exceed the amount of $70.00 per month/per space. (2) The single entry rate for the city parking garage on Meadow Street shall be set at a rate of $3.00 per visit on the third level and $4.00 per visit on the first level, if entry is not restricted. (3) It shall be unlawful for any person to cause, allow, permit or suffer any vehicle operated by him or registered in his name to be parked in any city parking garage without paying the parking fees prescribed above. (J) Overtime Parking. (1) If any vehicle remains parked in any metered parking space or within a paid parking lot beyond the period paid for such parking, the owner or operator of such vehicle shall be guilty of overtime parking and be subject to the punishment specified in §72.99. (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 18 of 27 (2) It is unlawful for any person to cause, allow or permit any vehicle owned or operated by said person to be parked in a gated city lot for more than twenty-four (24) continuous hours. Any such illegally parked vehicle is subject to the provisions of §72.99 and to nonconsensual towing at the owner's expense who shall have post -deprivation hearing rights as set for in subsection (L). (K) One-way Traffic and Improperly Driving Through or Around Gates on City Parking Lots. (1) The Mayor is hereby authorized to determine and designate specific lanes upon the real estate described in subsection (A) above upon which vehicular traffic shall proceed in one direction only and shall cause to be placed appropriate markings, signs, barriers, or other devices to give notice thereof. The Mayor shall cause to be erected signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway. (2) When signs indicating the direction of traffic are erected and maintained in accord with subsection (1) above, vehicular traffic shall move only in the indicated direction, and it shall be unlawful for any person to operate any vehicle in violation of the markings, signs, barriers, or other devices placed in accordance with subsection (1) above. (3) No driver may attempt to leave a gated city parking lot without paying the amount of parking fees due pursuant to subsections (G) or (H) by driving around the gate, by improperly driving through a gated entry or exit or by damaging or improperly manipulating any part of the gate. (L) Immobilization of Illegally Parked Motor Vehicle. (1) Immobilization Authorized. Employees of the Traffic Division and officers of the Police Department are hereby authorized to temporarily immobilize any vehicle which is parked in violation of any provision of this chapter and whose owner has been cited for violating these parking regulations at least twice in the preceding thirty days or has outstanding fines and costs from previous parking violations due and owing. (2) Post -deprivation Hearing. When any vehicle is immobilized under the provisions of this section, the owner or operator shall have the right to a post -deprivation administrative hearing by filing a written request for such a hearing with the Mayor. (3) Conduct of Hearing. (a) A hearing shall be conducted before a hearing officer designated by the Mayor and shall be held within twenty-four (24) hours from receipt of a written demand therefor, unless the right to a speedy hearing is waived in writing. Saturdays, Sundays, and city holidays are to be excluded from calculating said twenty-four (24) hour period. The hearing officer shall not be the person who directed the impounding and storage of the vehicle. The sole issue before the hearing officer shall be whether there was probable cause to immobilize the vehicle in question. (b) The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle. The city shall carry the burden of establishing that there was probable cause to immobilize the vehicle in question. At the conclusion of the hearing, the hearing officer shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and to the registered owner of the vehicle. The hearing officer's decision shall in no way affect any criminal proceeding in connection with the immobilization. The decision of the hearing officer shall be final. Failure to request a post -immobilization hearing within three (3) days from the date of immobilization, or failure to attend a scheduled post -immobilization hearing shall be deemed a waiver of the right to such hearing; and, the Police Department shall be authorized to have the vehicle towed to and stored at a safe place designated as an official police garage by the Chief of Police. The owner or operator of the vehicle shall be liable for all towing and storage fees. (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 19 of 27 (4) Decision of Hearing Officer. (a) The hearing officer shall only determine whether there was probable cause to immobilize the vehicle. If the hearing officer determines that there was no probable cause, the hearing officer shall prepare and date a certificate of no probable cause, a copy of which shall be given to the registered owner of the vehicle or his agent and to the Police Department and Traffic Division. Upon receipt of the owner's copy of such certificate, an employee of the traffic division or an officer of the Police Department shall remove the immobilization device from the vehicle. (b) If the hearing officer determines that there was probable cause for immobilizing the vehicle, the registered owner, or his agent, may obtain removal of the immobilization device by posting a bond in a reasonable amount specified by the District Court. The amount of said bond shall be not less than a sum equivalent to the cumulative total of applicable fines, court costs, towing fees and storage fees. Upon presentation of a receipt evidencing the posting of said bond, an employee of the Traffic Division or an officer of the Police Department shall remove the immobilization device from the vehicle. (M) Special Event Permits Needed to Use City Owned Parking Lots, Paid On -Street Parking Spaces, or to Close City Streets. (1) Events Needing the Use of City Owned Parking Lots or Paid Parking Spaces Along City Streets for up to Eight (8) Hours. The Mayor is empowered by the issuance of a special event permit to assign any and all city owned paid parking lots and some or all on -street paid parking spaces for up to eight (8) consecutive hours, but not more than a total of sixteen (16) days per calendar year. (2) Events Requesting the Use of City Owned Parking Lot or On -street Paid Parking Spaces or to Close City Streets for More Than Eight (8) Consecutive Hours. (a) When an applicant for a special event permit proposes to use a city paid parking lot or close a city street for more than eight (8) consecutive hours, nearby residents shall be notified and be provided an opportunity to comment. Subject to the overall limit of sixteen (16) days per calendar year, the Mayor may propose to approve or to reject an expanded special event permit which would authorize the special event applicant to use city owned paid parking lots or on - street paid parking for more than eight (8) consecutive hours. The Mayor may also propose to approve or to reject the closure of city streets for more than eight (8) consecutive hours for a special event. (b) The Mayor by and through his staff shall notify the City Council Members by email or otherwise of the decision to grant or deny the special event permit and provide the City Council Members the results of the neighbor notification including comments by such citizens. If at least two (2) City Council Members notify the City Clerk's Office in writing within seven (7) days of the Mayor's notification of his or her decision that they wish to appeal such decision, then the issue will be presented on the next City Council meeting in which the Mayor's decision could reasonably be considered. The City Council would then be able to decide by Resolution whether to reverse the Mayor's decision and upon what condition (if any) the permit would be granted. Editor's note —Subsection (M), as revised by Ord. No. 5881, §1, adopted June 21, 2016 becomes effective on Jan. 1, 2017. (N) Electric Vehicle Charging Stations. The Mayor is authorized to designate Electric Vehicle Charging Station parking spaces in city parking facilities to prohibit all non -electric vehicles from parking in these spaces. The owner or operator of an electric vehicle shall only park in this space while charging the vehicle's battery and shall pay normal parking rates while parked in this space. (0) Event Parking. The Parking Division may implement event parking in city managed parking facilities as deemed necessary by the Mayor or his designee. Such event parking will require a person desiring to park a (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 20 of 27 vehicle in a designated event parking facility to pay a fee of $5.00. The City of Fayetteville shall provide sufficient personnel to staff event parking. (Code 1965, §§19-185-19-195; Ord. No. 1083, 6-6-55; Ord. No. 1197, 4-6-59; Ord. No. 1231, 1-25-60; Ord. No. 1242, 8-8-60; Ord. No. 1576, 11-6-67; Ord. No. 1802, 6-21-71; Ord. No. 1866, 6-5-72; Ord. No. 2613, 3-18-80; Ord. No. 2769, 11-3-81; Ord. No. 2815, 6-15-82; Ord. No. 2875, 11-23-82; Ord. No. 2914, 4-19-83; Ord. No. 2939, 9-12- 83; Ord. No. 3995, §1, 9-17-96; Ord. No. 4222, 2-15-00; Code 1991, §72.58; Ord. No. 4889, 06-20-06; Ord. No. 5324, 6-1-10; Ord. No. 5340, 8-3-10; Ord. No. 5369, 12-7-10; Ord. No. 5407, 5-3-11; Ord. No. 5408, 5-3-11; Ord. No. 5597, 07-02-13; Ord. No. 5598, 7-2-13; Ord. No. 5604, 8-6-13; Ord. No. 5881, §1, 6-21-16; Ord. No. 5943, §1, 1-3- 17; Ord. No. 5964, §§1, 2, 4-4-2017; Ord. No. 6312, §1, 5-5-2020) 72.59 Dickson Street Entertainment District Annual Parking Pass Program Notwithstanding any other provision of this Code to the contrary, any person who desires to park a vehicle in the Dickson Street Entertainment District may do so by purchasing a Dickson Street Entertainment District Annual Parking Pass for the vehicle pursuant to the program created herein. (A) Validity and Usage. (1) An annual parking pass, valid for use only in the Dickson Street Entertainment District, shall permit the vehicle to which the pass has been issued to park in any valid paid parking space in the district, without the requirement of paying any pay station or meter. (2) The annual parking pass shall not be valid for parking in any public gated lots which require payment upon exit. (3) The annual parking pass shall not be valid for parking in any residential parking zone. (4) The annual parking pass shall not guarantee a parking space to a vehicle with an annual parking pass. (5) The annual parking pass shall not be valid for any parking space marked as "No Parking". (6) The annual parking pass shall visible from the exterior of the vehicle while it is parked in the district, and it shall display an identifying number. (B) Issuance, Transfer and Costs. (1) An annual parking pass, valid from August 1st through July 31st the following year and issued pursuant to this section, shall cost $600.00. The total cost shall be reduced if purchased after August 1st but before June 1st the following year by an amount equal to the total annual cost divided by the total number of days remaining before the next August 1st. Any annual parking pass purchased on or after June 1st shall only become valid on the following August 1st. (2) An annual parking pass is vehicle specific in that it shall be tied to only one vehicle license plate number, and not to any particular person. (3) An annual parking pass may be transferred to another vehicle upon payment of a $25.00 processing fee. (4) No refunds shall be issued for any annual parking pass. (Ord. No. 5371, 12-7-10) 72.60-72.69 Reserved (Supp. No. 21) ARTICLE IV NONCONSENSUAL TOWING REGULATIONS Created: 2021-05-06 12:04:46 [EST] Page 21 of 27 72.70 Application (A) These nonconsensual towing regulations shall apply within the Entertainment District Parking Zone shown on Exhibit A for the nonconsensual towing of a vehicle subject to registration under the laws of Arkansas if it is found abandoned, parked without the consent of the property owner or the owners' agent, parked in violation of the time period or location agreed to by the owner or owner's agent, or for whatever reason the owner or owner's agent believes a vehicle, which is not the property of the owner or owner's agent, should be towed. These regulations do not apply to removal of vehicles from publicly owned or leased property, nor to police initiated tows. The sign requirements do not apply to residential driveways or parking lots designed for four or fewer vehicles. These regulations shall apply city-wide where indicated in §72.72. (B) Private Pay to Park Lots within the Downtown Business District Parking Zone. Owners/managers of private pay to park lots within the Downtown Business District Parking Zone shall follow and obey all requirements set forth in §§ 72.71, 72.72, and 72.73 of the Parking Regulations Chapter. These regulations do not apply to removal of vehicles from publically owned or leased property, to police initiated tows, nor to other than private pay to park lots. (Ord. No. 5322, 6-1-10; Ord. No. 5611, 9-3-13) 72.71 Requirements For Proper Signage Before Nonconsensual Towing From Private Parking Lots Is Permitted Within The Entertainment District Parking Zone (A) Exemption from the Sign Ordinance. All signs required by this section shall be exempt from further regulation of the Sign Ordinance pursuant to §174.03(F). (B) Location and Size of Nonconsensual Towing Warning Sign. Every private parking lot with five (5) or more spaces must have an easily readable nonconsensual towing warning sign that is not more than 16 square feet, devoid of any advertising and prominently placed at each entrance to the parking lot. (C) Contents of Sign for "Paid Parking Lot". The nonconsensual towing warning sign shall contain only the following information in clearly legible letters at least one inch in height in the following order from the top of the sign for a private parking lot that allows paid parking. (1) The symbol for towing vehicles. (2) "Private Parking Lot." (3) Either "Pay to park at all hours" or "Pay to park during (posted) hours." (4) At the owner's option, the sign may show the hourly rate and any maximum day or evening rate for parking in the lot. (5) "Parking in violation of posted restrictions will result in towing of vehicle at owner's expense, up to $60.00, plus storage of up to $10.00 per day." (6) Name, address (including physical address of storage lot), and telephone number of towing and storage firm authorized to tow vehicles from this private lot. (D) Contents of sign for "Customers Only" or "Residents Only" Parking Lot. The Nonconsensual Towing Warning Sign shall contain only the following information in clearly legible letters at least 1 inch in height in the following order from the top of the sign for a private parking lot that prohibits public parking and allows only residents or customers to park. (1) The symbol for towing vehicles. (2) "Private Parking Lot." (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 22 of 27 (3) "Customers Only" or "Residents Only." The owner may denote the business or residential complex. (4) "Parking of unauthorized vehicle will result in towing of vehicle at owner's expense, up to $80.00, plus storage of up to $10.00 per day." (5) Name, address (including physical address of storage lot), and telephone number of towing and storage firm authorized to tow vehicles from this private lot. (Ord. No. 5322, 6-1-10) 72.72 Regulations Of Towing And Storage Companies (A) Valid Licenses Required. Any towing and storage company operating anywhere in the City of Fayetteville must be in full compliance with all state and local license requirements, A.C.A. §27-50-1101, the Fayetteville Code, and be in good standing with the Arkansas Towing and Recovery Board. (B) Allowed Charges for Nonconsensual Towing and Storage. Within the Entertainment District Parking Zone, no Towing and Storage Company may charge a nonconsensually towed vehicle's owner/driver more than $60.00 if the vehicle is towed from a "Paid Parking Lot", $80.00 if the vehicle is towed from a "Customers Only" or "Residents Only" Parking Lot, and $100.00 if the vehicle is towed from private property not classified as a "Paid Parking Lot" or "Customers Only" or "Residents Only" Parking Lot. In addition, the towing and storage company may charge up to $10.00 per day for storage beginning twelve (12) hours after the nonconsensually towed vehicle is placed in the storage lot and available to be reclaimed by its owner or driver. The maximum $100.00 towing fee and $10.00 per day storage fee for a nonconsensual tow from private property that is not police initiated is applicable everywhere within the entire city limits. The above fees are the total amount that can be charged to the owner/operator. No administrative, special equipment or other fee can be charged to the owner/operator of the vehicle. (C) Payments by Owner/Operator for Towing and Storage Charges. The towing and storage company must accept valid credit and debit cards for payment of towing and storage fees and may accept any other form of payment. (D) Location of Storage Yard. The towing and storage company may not charge mileage or transportation fees for towing the vehicle to its storage lot which must either be located within Fayetteville or not more than 8 miles from the place from which the vehicle was towed. (E) Company Must Answer Telephone. The towing and storage company shall answer every telephone call for the number displayed upon the nonconsensual towing warning sign during every twelve (12) hour period immediately after a vehicle has been towed if such vehicle remains in the towing and storage company's possession. (Ord. No. 5322, 6-1-10) 72.73 Regulation Of Wheel Clamps Or Booting On Private Pay To Park Lots Throughout Fayetteville (A) Exemption from the Sign Ordinance. All signs required by this section shall be exempt from further regulation of the Sign Ordinance pursuant to § 174.03(F). (B) Location and Size of Wheel Clamps/Booting Warning Sign. Every owner of a private pay to park lot with five (5) or more spaces that desires to use wheel clamps (also known as boots) must have an easily readable wheel clamp/booting warning sign that is not more than 16 square feet, devoid of any advertising and prominently placed at each entrance to the parking lot. (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 23 of 27 (C) Contents of Sign for Private Pay To Park Lots. The wheel clamp/booting warning sign shall contain only the following information in clearly legible letters at least one inch in height in the following order from the top of the sign for a private parking lot that allows paid parking. (1) "Private Pay To Park Lot." (2) At the option of owner, the sign may identify the lot by name. (3) Either "Pay to park at all hours" or "Pay to park during (posted hours)." (4) At the owner's option, the sign may show the hourly rate and any maximum day or evening rate for the parking lot. (5) "Parking in violation of posted restriction will result in a fee for the booting and overtime parking of the vehicle at owner's expense, up to a maximum total of $40.00." (6) Name, address and telephone number of firm authorized to boot vehicles on this private pay to park lot. (7) If the private pay to park lot owner wishes to boot and tow overparked vehicles, the sign information required by this section and § 72.71 may be combined into a single sign. (D) Allowed Maximum Charge for Placing and Removing a Wheel Clamp or Boot upon an Overparked Vehicle. No private pay to park lot owner, manager, company or other entity may charge more than $40.00 total to place and remove a wheel clamp or boot on a vehicle that has been parked longer than the period for which the vehicle's owner has paid to park. No other fees may be charged. With proper signage required by §72.71, the parking lot owner, manager, company or other entity managing the lot may tow this vehicle pursuant to the Fayetteville Code, but can charge only the nonconsensual towing fee and not add or charge the booting fee allowed in this section. (E) Payment by the Owner/Operator for the Installation and Removal Fee for Wheel Clamps or Boots. The parking lot owner, manager, company or other entity which has installed wheel clamps or boots upon overparked vehicles must accept valid credit and debit cards and cash for the payment allowed by subsection (D) at the parking lot and may accept any other form of payment. An accurate and legible receipt for this payment must immediately be provided to the vehicle owner or operator. (F) Company Must Answer Telephone and Promptly Remove Wheel Clamp. The private pay to park lot owner, manager, company or other entity shall immediately answer every telephone call for the number displayed upon the wheel clamp/booting warning sign after a vehicle has been booted as long as such vehicle remains in the company's possession. The entity must respond to any telephone call or other notice from the vehicle's owner or operator and remove the wheel clamp within 15 minutes of such call or notice if the owner or operator has paid the allowed fee. All wheel clamp company employees dealing with customers must wear a company uniform and display a company photo ID. (G) Permit for Wheel Clamp Company Employees and Required Criminal Background Checks. Every wheel clamp employee who may come into contact with the public shall obtain a permit from the Parking Division before beginning employment with the wheel clamp company. The cost to obtain the wheel clamp company employee permit is $5.00. In applying for the permit, each applicant shall provide the following to the Parking Division: (1) The name of the owner or manager of the wheel clamp company; (2) The name, address and telephone number of the wheel clamp company employee and his or her photo identification; (3) A signed statement under oath that the person applying to be a wheel clamp company employee has not been convicted of felonies or misdemeanors involving sexual offenses or violence within the last five (5) years; Created: 2021-05-06 12:04:46 [EST] (Supp. No. 21) Page 24 of 27 (4) A criminal background check from the Arkansas State Police and from the state police of the state which issued the driver's license of the wheel clamp company employee which shows that the employee has not within the preceding five (5) years been convicted of any felonies or misdemeanors involving sexual offense or violence, nor has been incarcerated in prison at any time during the last five (5) years for a violent or sexual offense; (5) No person shall be issued a permit as a wheel clamp company employee who has been convicted of any of the offenses set out above or who has been in prison at any time during the last five (5) years for such offense. (H) No Application to University of Arkansas Property. §§ 72.71-.73 have no limitation, application or effect upon the University of Arkansas's nonconsensual towing or booting powers for vehicles parked on any University of Arkansas lot or parking space. (Ord. No. 5610, 9-3-13) 72.74-72.98 Reserved 72.99 Penalties (A) Whoever violates any provision of this chapter for which no specific penalty is otherwise provided shall be fined as set forth in §10.99. (B) The penalty for each violation of §§72.04, 72.06, 72.08, 72.10, 72.12, 72.13, 72.57 or 72.58(J) shall be $15.00, if paid before the issuance of a summons, citation or arrest warrant; otherwise, the penalty for each violation shall be $40.00. (C) The penalty for each violation of §§72.03, 72.09, 72.11, 72.15, 72.18, 72.30, 72.31, 72.32 and 72.33 shall be $70.00 if paid before the issuance of a summons, citation or arrest warrant, otherwise the penalty shall be $95.00 after such issuance. (D) Parking citations for overtime parking may not be written for the same vehicle in the same space more than once every four-hour period and not more than three (3) times per day. (E) The Parking Manager may reduce the amount of fine assessed for good cause shown by the driver/operator prior to forwarding the ticket to the City Prosecutor's Office. (Ord. No. 5325, 6-1-10; Ord. No. 5370, 12-7-10; Ord. No. 5598, 7-2-13) (Supp. No. 21) Created: 2021-05-06 12:04:46 [EST] Page 25 of 27 Exh. A Entertainment District Pay Parking Area Entertainment District Parking Zone EXHIBIT FINAL W ILA ST d } F < O U Y 2 W MAPLE ST J (=!J z z � a X 2 O z E MAPLE S- � w ul K W MOUNT NORD ST z W REGAIN ST a C7 z Y Y W LAFAYETTE ST wy IlJ d � W BOLES ST ' F i W WATSON ST 0 Z m z I 1 w w } > ` U y z z a z W SPRING ST w • z d z ti W MEADOW ST E CENTER ST W CENTER ST O PAY STATION PRIVATE - PAY PARKING, TOWING/SOOTING ENFORCED N RESTDENTIAL PARKING N eff1 WALTON ART CENTER MIXED USE _ ENTERTAINMENT DISTRICT M PAY BY SPACE PUBLIC GDO PAY BY SPACE PUBLIC W _ i✓ 0 500 1,000 (Ord. No. 6229, §1, 9-17-19) (Supp. No. 21) Created: 2021-05-06 12:04:47 [EST] Page 26 of 27 Exh. B Downtown Business Parking Zone Downtown Business District Parking Zone EXHIBIT B On SMcat PaAinp KSON ST ■ ■ E OlCKS N ST • Rsutle�Rw aarvviq Parklrtg Lot uy � Ilf gtllchv-6.sdLa - -Y Rev E...2•tlP CigGs-P4 bFn�s _ Y t 0 aF' `uY Meieea. Le.c r m Cry Me1Metl - SM1.n ie,m aip R.rnen. are P.nop � acra�sroa.Prr,m_ rn. W SPRING ST • E SPRING ST aarl,l�nalatrtc! J C bM 9a.Fmw O��ba P.nYY.u�a4_ 4 W L1 .............r .----_- . war ....... ............... EST z -INEAOOW w, o. a W cENTER s x E CENTER 8T Ll _ W MOUNTAIN ST S W w 11111 L11 Lj W RO 8T F ROCK 87 P t s v L■ 4�� � W C7 W SD TH ST E SOUTH ST7O v W f0 Q m oN 0 212.5 425 0`A N Feet W 080C: 51W2 l a [/—t Path: G:1GIS2%Prelecta1 01 MPM,king—Rmp—1 change 2011022WMaplPag1 ng ONIlttG Pmy03EO_�_bu9in¢59.rt g (Supp. No. 21) Created: 2021-05-06 12:04:47 [EST] Page 27 of 27 Residential Parking Permit Program for the Downtown Business District Parking Zone (A) Applicability: This Downtown Business District Parking Permit Program shall be applicable at certain long-term parking areas as prescribed by the Parking Manager within the Downtown Business District Parking Zone as shown and described on Exhibit B attached to the enacting ordinance. (B) Definitions: Fuel efficient scooter or bicycle means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. Guest pass means the pass or authorization to park within the appropriate parking zone pursuant to this section. Registered vehicle means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Downtown Business District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Downtown Business District. The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the Zone to justify issuance of a residential parking permit for a resident's vehicle. Residence means a legal residential address and shall exclude business addresses. Resident means a natural person residing within a dwelling that the resident owns, leases or rents within the Downtown Business District Parking Zone. Residential parking permit means the currently valid permit issued by Parking Division which allows the resident to park the permitted resident's vehicle in an authorized parking zone pursuant to the terms of this section. (C) Special Regulations forOversized Vehicles, Motorcycles, Motor Scooters and Bicycles: No vehicle that cannot fit within a standard parking space may be parked in the Downtown Business District Parking Zone unless its owner or operator has obtained a special limited time and location permit pursuant to (1). (1) An operator or owner of a moving van or other oversized vehicle that needs to park on -street or in a designated area for a limited time to serve a residence, business or office within the Downtown Business District Parking Zone may be issued a special, limited time and location parking permit by the Parking Division. (2) A resident of the Downtown Business District Parking Zone who owns a motorcycle or motor scooter with over 70 cubic centimeters displacement may be issued a residential permit which shall allow free parking only in specially designed motorcycle/motor scooter parking spaces and is prohibited from parking in standard on -street parking spaces reserved for residents' cars. Operators of motorcycles and motor scooters may park in paid parking spaces at the standard parking rate. No motorcycle nor any motor scooters may be parked on a sidewalk. (3) Operators of fuel -efficient scooters and bicycles may park for free in specially designated parking spaces but must pay the standard parking rate if parked in a normal paid parking space. No bicycle may be parked on a sidewalk unless it is utilizing a permanently installed and permitted bicycle rack. (D) Temporary Guest Passes: A Downtown Business District Parking Zone resident may request the city to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with the goal of accommodating the needs of both residents and businesses within the Downtown Business District Parking Zone. Use of a guest pass in a manner not authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (E) Cost of Program: The Parking Division is hereby authorized to charge up to $25 annually per resident to participate in the Downtown Business District Parking program. (E) Residential Parking Permits May Not Be Loaned, Transferred, Sold or Used Except on the Designated Registered Vehicle: Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three (3) years. (F) Penalty: The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. Downtown Business District Parking Zone Exhibit B flic kti0n St r r � I ; Washirl 0 r Court I i�.�svars � P pEnw" M. a !+0 ti • Pay Stations Parking Lots CITY GATED - MONTHLY FEE CITY METERED - LONG TERM & PERMIT ® CITY METERED - SHORT TERM On Street Parking ® Police Parking OnlyILL- Public, Free S q�Ch(�AW Public, Pay r� Residential and Public _ L- Residential Permit Parking Districts Downtown Business District w r v s Entertainment District City of Fayetteville, AR me mw cmle�ned nerew was cm�xa ,tom varw�c swrces mr me sae ase aro x 111 m me city m FayMevik C—grWi- Inroi—Wn system ana me vwlc aaenc�ea n 0 170 340 680 Feet =° R '^y �°� hM M. , �^ °° ino � ry r Fe xw.n o,i,. a,na by m oplarca 0 V d- n u dms na my a c�q a raven ,ire end ndd me cry d Fond= nam,leas xun sire wm�,r I�an�luy roi airy clemn, acuma. cep ra oen�agos ar any rawre. nn„anp me nws msr or dc+enu, mono by uFer or by amine. —..9 Wo Tire C:y d FpypUml. moxas .w nrvress a imp.,0 xaRnanvs •gym r l .wwa ro lire aaia No —1. or— a I I I l I 1 I a x ramd nncn NNI � eansn ad wrr 1 i 1 —n,manh,— rem, undo. alwnsa .— Date: 5/6/2021 Folder: G:1GI521Projects12021113owntown Parking Residential Permit0owntown_Business_Parking _Zonel MLK Walkability r` winow fir, ,' 4-4 w h • r i s I r ---- -- #40i -- -- Y f T #IT I IF - Mal �l t )effersvr+ JFFFERSOF4 " ew er I PARK Ji ~ Tram Goff r 44. I toy. 5erp lior Center I City of Fayetteville, AR, Nelson\Nygaard R March 4, 2021 YRCC User = Sanitary Sewer Project Inside Fayetteville (920) Waterline Project Outside Fayetteville (481) Mobility Project +' Intersection Project Corridor, Funded Signal Project Corridor, Unfunded Sidewalk Project (2019-2020) New Location, Funded New New Location, Unfunded Replacement On -Street Bicycle, Funded Sidewalk Project (High -Priority) On -Street Bicycle, Unfunded New Trail, Funded Replacement Walkability Improvement Area (High -Priority) Overlay Project c= Completed Not Completed I rrNcC 1:4,514 0 0.05 0.1 0.2 mi 0 0.075 0.15 0.3 km The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the pudic agencies it serves. Any u of the data by anyone otherthan the City of Fayeteville isstirs sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayeteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserled by userorby anoherarising from Ne use of Nis data. The City of Fayetteville makes no express or implied warrant— with reference to the data. No word, phrase, or clause found herein shall be consirued le waive that torti mm unity set forth underArkansas law. �. V111 - J pI Q�GTW<PROPERTIESLLC 0 ~ h F P1 d PL IL — itpL JII ld -ld I -PL-� 1 F A P — MATHIAS SHOPPI � CENTERS INC— --�-- '`� I i PL PL PLAINVIEW EXTENSION PROJECT RINGOLLH PROJECT MATHIAS SHOPPING I P/ CENTERS INC pl I i oC a 0' 25' 50' 100, 150' (IN FEET) pPL 3 � I a a q / 3 . F �3 A 3 L. COULTER MOUNTAIN LLC �CHAL UNGSOOTH, PORNTHIP 40 �R WILLETT, ROSE MARIE 3 I I tt R/W LAWLAWRE J E M QUINN, J#MES l & 3 R LAWR�NGE, LIVING FROST P' — ° �� /W R�. INEAL, KATHERINEG „ l _ DEVING L REV ----_- I r— / /W �VALLACE, CYNTHIA & � �� - \� I � r � GEARITY, COLIN F & ANN ROLL/NC SCHEEL,, MARYM t I RRANGE, STEFANIEM - I _ATHA,f TERESA - - � DODGE, REX LEE & ERIN E / --- AYSON, ALMA G; � � n r1i 1' 6' Sidewalk �I C' I f � CARTER, JOHN MJR & LINDA A v \ \ hs k DRUDKO, PRANCES HWELL \Rrw aSLLL°GORectangular MBYoR: !, Rapid;, Flashing Y: i Beacons .� V R F \ BA, ROLLING HILLS TYPICAL SECTION AYBDN_PLUMMER R/W PROPI OSED �� R SCHAFFER 3 ��-- MINI -ROUNDABOUT ARCHIBALDRIV 1 — - LANDRUM TONYA. I . LE,9NNE 3 _ ° OBERTS, STEPHEN A 59' Existing ROW \ a, B&MADISONN I 39'Existing Roadway Width �� � � •� R 30 Proposed Roadway Width i I j° CITY OF F: CONCEPT 10, 10, 10' s' 6' 10' 1' FAYETTEVILLE ., Drive lane Center turn lane Drive lane Trail A R K A N S A S ROLLING HILLS 7PTIST.OLLLNG HILLS CHURCH k PL PL PL --- pL PL �-.' y' ' r : i 1I(r. •- _ y •4 v \ VA, •.". Mlk R/W R/W R/W R 4. r-ry ':i ,� l� - - - • 1 4 R/W R/w R/W R/W mi s F s I N R jW I " AL —Z_. ri •,V _ p• 0.,r 41 l,- _-PL PL PL „ ' L i y M/a kp4 °I t� '• '+`• R/W R/ R/w - �*1z I E PL PL M., ■ �i .fir t /:. T :•i 9 r. * �� PL PL OLLING HILLS ROLLING HILLS -'�' y�. +�•-•. PTIST CHURCH BAPTIST CHURCH I _ i f r 4 ` F PL - � ... I M/TH, CLAUDIA T �1 �. - FL WOODS&JAMES BROWN, DAVID A; STEWARLEEALLANr j•,rr PLT—PL COUCH JUD & & AMANDA JEAN LERZ JOIN P- CLARK, r j 11ST., y • }' . I _ AM AA JENNIEL �,.• _ S ANTH OL-".A LLC; VITT, AUGUSTM f I M&DUFFIEFAM/LY IVER AN RM^ �I►� �. �1' ..! .'Y..•, ,I:y{ . . _ y REVOCABLE TRUST - ASSE CAI O WILDERNESS - R/W R/W - - IF �• ��; ' _ VE/rTURES LLC MURPHY J BRAD 1 MONTEMAYO R/w R/W - REVOCABLE TRUST MOHLER, MICHAELP �. , CRAZY WRI HTLLC �CITYOF ALBERT&C L p - - - R/w _ - R/w 1 R/W �} ' . & DEBB TTEVI E r, /L - — R/W R/W - VF r RIW R/ EXISTING RIGHT OF WAY PL PL- PROPERTY LINE ■ PROPOSED ASPHALT PROPOSED SIDEWALK R.O.W. TO BE AQUIRED INN.,R — - PROPOSED E6CAIT LYN9 K LE J.j KARNSACH, MARYH ' MINI -ROUNDABOUT E & CAITI DUKE, KATIEA _ j NELMS, WILMA A "GRESHAM, ANNE & r BONDS, BOB L & CLANTON WILMA 8 FAMILY TRUST SUMMERS. D MICHAEL & GERRYB t 1 L .•P..Lb �,I FL PL_.a.'• �W. PLf,c_;r I —PL T PL ---_ rL - PL ----- PL - 1 I I R W T F . R/w R w— UAL LAYO � OR - R/W R/W R/W DRIVE IMPROVEMENTS r1- Ar r a f7LIA7111 L &NICOLEA I WELLS, KARENA& DANIEL J -- PL FIRST CHURCH OF CHR/ST SCIENTIST R/W R/w O C O Z " GOOD SHEPHERD LUTHERANCHURCH TRAFFIC SIGNAL IMPROVEMENTS \ GOOD SHEPHE LUTHERAN CH A f s P L — � L A 'Sella, Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-0497 Legistar File ID 7/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/23/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $300,000.00 with Burns & McDonnell Engineering Company, Inc. for design of the Millsap St. and College Ave. Project, per RFQ 21-01, selection #11, authorizing the Mayor to acquire the easements and Right of Way for the project and approval of a budget adjustment. Budget Impact: 4602.860.7227-5860.02 4602 - Streets Project (2019 Bonds) Account Number Fund 46020.7227 Millsap/College Intersection Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 15,000.00 Funds Obligated $ 448.86 Current Balance 14,551.14 Does item have a cost? Yes Item Cost $ 300,000.00 Budget Adjustment Attached? Yes Budget Adjustment $ 300,000.00 Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: r� ma's CITY OF �FAYETTEVILLE ARKANSAS MEETING OF JULY 20, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: June 23, 2021 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $300,000.00 with Burns & McDonnell Engineering Company, Inc. for design of the Millsap St. and College Ave. Project, authorizing the Mayor to acquire the easements and Right of Way for the project and approval of a budget adjustment, per RFQ 21-01, selection #11. RECOMMENDATION: Staff recommends approval of a contract in the amount of $300,000.00 with Burns & McDonnell Engineering Company, Inc. for design of the Millsap St. and College Ave. Project, authorizing the Mayor to acquire the easements and right of way for the project and approval of a budget adjustment, per RFQ 21-01, selection #11. BACKGROUND: The project includes improvements to Millsap Street near the intersection with College Avenue and addition of a connection road on new alignment between Sain Street and Millsap Street. The improvements to Millsap Street include an additional lane west of College Avenue to provide additional left turning capacity, realignment of lanes on both sides of College Avenue, signalization timing and phasing improvements and installation of crosswalks and pedestrian signals. The new connection road will be a 2-lane local roadway that connects to a proposed roundabout on Sain Street and will have an unsignalized intersection with Millsap Street. DISCUSSION: On March 20th, Burns & McDonnell Engineering Company, Inc. was selected by committee based on RFQ 21-01, selection #11. Staff has worked with Burns & McDonnell to prepare a detailed scope of work and contract for this project. They have provided a proposed scope and fee in the amount of $300,000.00 for the design of this project. Design should be complete and ready for bid in the third quarter of 2022. BUDGET/STAFF IMPACT: The design for this project ($300,000.00) will be paid for with the funds from the 2019 Transportation Bond Fund. The funding for the construction of this project is planned for the second phase of the bond program. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: Vicinity Map Engineering Agreement Budget Adjustment AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And BURNS & MCDONNELL ENGINEERING COMPANY, INC. 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 BURNS & MCDONNELL ENGINEERING COMPANY, INC. (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction administration of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments related to the MILLSAP ST/COLLEGE AVE INTERSECTION IMPROVEMENTS (hereinafter called PROJECT) to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. Professional Engineering Services Contract-BMcD-Millsap & Backage Agreement 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 Obtain for ENGINEER 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 described in Appendix A. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The lump sum amount authorized for this Agreement is $300,000.00. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by 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 Professional Engineering Services Contract-BMcD-Millsap & Backage Agreement 2 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. 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 insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $2,000,000 Combined Single Limit per Occurrence and in the Aggregate $1,000,000 Combined Single Limit per Accident $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. Professional Engineering Services Contract-BMcD-Millsap & Backage Agreement 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights of subrogation 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. A provision similar to this shall be incorporated into all construction contracts entered into by the CITY OF FAYETTEVILLE, and all construction contractors shall be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE and ENGINEER for damage covered by any construction contractor's property insurance. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. Professional Engineering Services Contract-BMcD-Millsap & Backage Agreement 4 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 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. Professional Engineering Services Contract-BMcD-Millsap & Backage Agreement 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require Professional Engineering Services Contract-BWD-Millsap & Backage Agreement 6 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. Except for the ENGINEER's services provided for by this Agreement as related to the completion of the PROJECT, the ENGINEER accepts no liability arising from any reuse of the delivered documents by the CITY OF FAYETTEVILLE, unless ENGINEER is retained by CITY OF FAYETTEVILLE to make modifications or otherwise reuse the delivered documents. Except where the CITY OF FAYETTEVILLE reuses the delivered documents subsequent to the completion of the Project, nothing contained in this paragraph shall alter the ENGINEER's responsibilities and obligations under this Agreement. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. Professional Engineering Services Contract-BMcD-Millsap & Backage Agreement 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: 6576 Lynch's Praire Cove, Suite B Springdale, AR 72762 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 to its standard of care set forth in Section 6.2.1. 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 direct third -party property and personal injury damages to CITY OF FAYETTEVILLE to the extent caused by ENGINEER's negligent performance of the services furnished under this Agreement; ENGINEER shall not be liable for errors, omissions or other deficiencies to the Professional Engineering Services Contract-BMcD-Millsap & Backage Agreement extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 In no event will ENGINEER be liable for any special, indirect, or consequential damages including, without limitation, damages or losses in the nature of increased Project costs, loss of revenue or profit, lost production, claims by customers of CITY OF FAYETTEVILLE, or governmental fines or penalties. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; Professional Engineering Services Contract-BMcD-Millsap & Backage Agreement 0 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 seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Professional Engineering Services Contract-BMcD-Millsap & Backage Agreement 10 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk BURNS & MCDONNELL ENGINEERING COMPANY, INC. Bv.. Steven Beam, Business Manager Title: END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Professional Engineering Services Contract-BWD-Millsap & Backage Agreement 11 � BURNS `MSDONNELL APPENDIX A TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT MILLSAP ST/COLLEGE AVE INTERSECTION IMPROVEMENTS SCOPE OF BASIC SERVICES PROJECT DESCRIPTION The City of Fayetteville (Owner) plans to design and construct improvements to Millsap Street near the intersection with College Avenue and to construct a backage road on new alignment between Sain Street and Millsap Street. The improvements to Millsap Street includes an additional lane west of Highway 7 1 B to provide additional left turning capacity; realignment of lanes on both sides and signalization timing and phasing improvements; installation of crosswalks and pedestrian signals. The connection of Front Street to Millsap Drive will also be closed. The new backage road will be a 2-lane local roadway that connects to a proposed roundabout on Sain Street and will have an unsignalized intersection with Millsap Street. The proposed project will require surveys, geotechnical investigations, design, and bidding services. Construction administration and observation is not included in the base scope of services but may be added through contract amendment at a later time. I. SERVICES PROVIDED BY THE OWNER: 1. Conduct reviews of design documentation, construction plans, specifications, and cost estimates. 2. Provide aerial and mapping data, if available 3. Host the necessary public involvement meeting and public hearings. 4. Publish and pay for public notices and legal notice. 5. Provide Spanish translation services at public meetings as necessary. 6. Provide right-of-way appraisals, acquisitions, and relocations, if required. 7. Advertise and receive construction bids. II. SERVICES TO BE FURNISHED BY THE ENGINEER: ENVIRONMENTAL CLEARANCE DOCUMENTATION No environmental permitting is anticipated to be required by the project. Therefore, Environmental Clearance Documentation is excluded from the Scope of Services. A. PUBLIC INVOLVEMENT MEETING The Engineer will plan, coordinate, participate in, and assist the City in conducting one Public Involvement Meeting near the project area. The Engineer will identify the logistics involved in selecting the meeting site with the City. The City will subsequently secure/reserve and pay any rental costs for such site and any necessary equipment. The Engineer will prepare and submit notice of public involvement meeting to the City and ARDOT for review and approval, and will place the approved notice in a local newspaper in accordance with ARDOT polices and requirements. The City will be responsible for payment of the publication of legal notices and ads. The Engineer will prepare public involvement displays, sign -in sheets, comment sheets, and other materials for the Public Involvement Meeting as necessary. The Engineer will provide adequate numbers of handouts and displays for the public involvement meeting and will provide four (4) personnel to support the Public Involvement Meeting by being prepared to answer questions and explain all concepts of the proposed project. As directed by the City, the Engineer will obtain Project Mailing List database from the City and update as necessary. The Engineer will develop and maintain the Project Mailing List database of names/addresses to be utilized in distributing the Public Meeting notice. Persons attending the Public Meeting will be added to the database when requested by the same. The Engineer will compile comments received at the Public Meeting and document the same in the form of a synopsis that will include comments cards, letters, attendance sheets, summary of input, response to public comments, etc. This will include photographs or copies of informational displays, handouts, etc. The Engineer also will prepare and submit the Title VI report. FIELD SURVEYS AND MAPPING The Engineer shall be responsible for obtaining all required aerial photography and topographic mapping (other than that provided by the Owner). The Engineer shall also be responsible for all field surveys including topographic surveys, hydraulic surveys, property surveys, and utility surveys, as needed, to identify all existing features along the project including soil borings and establishing project control. All services performed shall be consistent with Arkansas minimum standards and in compliance with Arkansas laws and regulations governing the practice of Land Surveyors and with all Federal, State and Local laws, regulations and ordinances applicable to the work. ROADWAY DESIGN AND PLANS A. CONCEPTUAL ALIGNMENTS/ ALTERNATIVES (10% Submittal) 1. The Engineer shall prepare an alignment study based on field surveys and mapping. The alignment study will show proposed centerline, curb/edge of pavement, and sidewalk for review and concurrence by Owner of the general scope of proposed improvements. 2. Engineer will prepare a Conceptual Opinion of Probable Construction Cost (OPCC). B. CONCEPTUAL ROADWAY DESIGN (30% Submittal) 1. Submit design criteria to be used in the design of the project for approval by the Owner prior to beginning preliminary design work. 2. Submit 30% plans for review by the Owner to include at a minimum: the proposed alignment with horizontal curve data, grades with vertical curve data, limits of construction, existing property lines and r/w, floodway and floodplain limits, and existing aerial photography and/or topographic survey. 30% plans will include plan and profile, typical section, and intersection layouts. 3. 30% OPCC 4. Documents will be submitted in PDF format for review by Owner. CAD and hard copy plans will be provided, if requested. C. PRELIMINARY ROADWAY DESIGN (50% Submittal) 1. Provide pavement design alternatives using AASHTO design procedures or Owner standards, and submit recommendation to Owner for approval. 2. Public Meeting, if requested The Engineer shall prepare all design related displays to be used at the public meeting when needed. This would include, but not be limited to plans of the proposed route illustrating the proposed horizontal and vertical alignments complete with all bridge structure. All proposed and existing right of way requirements, including easements, shall be included on this display. The Engineer shall assist the Owner at the meeting by being prepared to answer and explain all concepts of the proposed design. The Engineer shall also be responsible for developing a written transcript of the public comments and provide written responses to each comment. This written transcript shall be furnished to the Owner for the completion of the project certification. The preliminary roadway plans (50% submittal) shall show, as a minimum: a) The title sheet. b) The typical sections will include notes pertaining to slopes, tolerances, leveling, and other items. The typical sections will contain information depicting the width of the subgrade, all lanes, shoulders, and clear zones. The side slopes (run/rise) and finished grade cross slopes (ft. /ft.) will also be shown. The point of profile will be defined and the location of pipe underdrains if needed will be illustrated. The location and shape for all ditches will be also be depicted. c) The approved pavement designs will be incorporated into the typical sections. d) Project specific details required to properly construct elements of the job that are not covered in the Owner's standard drawings or other plan drawings will be developed as needed. e) Survey control data. f) Roadway Plan & Profile Sheets The plan and profile sheets will contain information including the following in the plan view: proposed centerline and travel lanes, existing topography, existing utilities, horizontal geometry (curve data, PI's, bearings), north arrow, lane and shoulder dimensions, taper dimensions, proposed driveways and side streets, proposed cross drains and related construction notes, bridge end stationing, sketch of bridge layouts, guardrail locations, turning radii, limits of existing and proposed right-of-way and control of access (including fence), permanent and temporary construction easements, construction limits, location of right-of-way points and benchmarks, floodplain limits, and other data as required. The plan and profile sheets will contain information including the following in the profile view: proposed vertical geometry (including VPI's, grades, and ditch grades), superelevation station limits, benchmarks, existing ground profile, and drainage information. g) Maintenance of Traffic Plans (50%) The maintenance of traffic signing details will suggest a sequence of construction to complete major phases of the project. It will clearly identify barricades to be placed, striping to be removed, striping to be placed prior to diversion of traffic, and possible detour routes and the stages required to maintain traffic during construction. h) Signing & Pavement Marking Plans (50%) i) Erosion control plans j) Culvert Diagrams (if applicable) k) Traffic Signal Layout Sheets (if applicable) 1) Water & Sewer Relocation Plans (if applicable and authorized by Amendment to this Scope) 4. Documents will be submitted in PDF format for review by Owner. CAD and hard copy plans will be provided, if requested. 5. Attend plan review meeting. 6. Make revisions necessary to respond to comments made at the 30% and 50% review as well as comments made at the preliminary field inspection. 7. 50% OPCC. 8. Preliminary Drainage Report D. FINAL ROADWAY DESIGN (90/100% Submittal) The objective of this phase is to complete roadway, and right-of-way plans for the project. In the final design phase, comments from the 50% submittal will be addressed, all quantities will be calculated, right-of-way plans developed, and a final OPCC developed. Comments from the 90% submittal will be incorporated. 1. Comments from the review of 50% plans will be incorporated in 90% plans and all sheets will be updated. 2. The permanent pavement marking details illustrate pavement markings and traffic sign placement. All signing, striping and delineation will be in accordance with the latest edition of the Manual of Uniform Traffic Control Devices and shall conform to Owner requirements. 3. Survey control sheets. 4. Erosion control plans will be developed and will include temporary measures that will be put in place at the start of construction. The information for temporary measures include the location of silt fences (station/offset at PI's), rock berms, sediment basins, as well as other strategies to prevent pollution of streams by stormwater runoff from the project site. Erosion control plans will be developed to correspond to each Maintenance of Traffic stage of construction. Permanent erosion control measures that will be left in place after construction is complete will also be noted. 5. Cross sections for all roadways will be shown at a 1:1 scale and include the items required in the "Roadway Design Plan Development Guidelines". In addition, any matchlines will be labeled and sections will be provided at bridge ends, begin/end tapers, nose points, begin/end auxiliary lanes, and any pipes/culverts perpendicular to centerline construction. Inlet and outlet sections will be shown for pipes/culverts on skews. 6. The Engineer will produce plan and profile sheets related to the relocation of existing water and sewer facilities which are directly affected by the project, if authorized to do so by Amendment to this Scope of Work. 7. Quantities will be calculated and tabulated using the Owner's standard specifications. 8. Provide an index of sheets, a list of specifications, and general notes. 9. Provide a Project Manual that includes bid documents, agreement, general conditions, technical specifications, and special provisions. 10. Prepare and submit a SWPPP containing all the necessary data needed to obtain a SWPPP permit for the project. 11. 90% and Final OPCC. 12. Documents will be submitted in PDF format for review by Owner. CAD and hard copy plans will be provided, if requested. 13. Attend final plan review meeting, if required. 14. Make plan changes resulting from the 90% review, subsequent reviews, and final plan review meeting. 15. Perform all other work required to advertise and receive bids. 16. Provide Final Drainage Report. GEOTECHNICAL INVESTIGATIONS AND REPORTING This scope of work includes subsurface borings, testing, and recommendations along the proposed alignment for the backage road. The Engineer will be responsible for staking and locating field borings and then including coordinates and elevations for those borings in the report. Deliverables shall include a Preliminary and Final Geotechnical Report. No geotechnical investigations will be performed along Millsap Street. TRAFFIC DESIGN AND PLANS A. TRAFFIC DATA COLLECTION 1. Engineer will collect turning movement traffic counts at the intersection of Millsap & College. 2. Engineer will collect origin/destination data to understand the northbound movement of vehicles through the Millsap & College intersection destined for the flyover versus northward on College Avenue. B. TRAFFIC DATA COLLECTION ANALYSIS & DESIGN 1. Engineer will reforecast design year traffic based on obtained 2021 count information and regional travel demand model. 2. Engineer will use data to optimize lane assignments, storage, and cycle times of the intersection and traffic signal. 3. Engineer will use data to design advance signage and lane striping on northbound College Avenue. 4. Engineer will prepare plans and specifications for the traffic signal modifications meeting the requirements of the Owner's Traffic Division. These plans will be developed in sequence with the Roadway Design & Plans. RIGHT-OF-WAY PLANS A. PRELIMINARY AND FINAL DESIGN 1. Provide Right -of -Way Plans. Right of Way Plans shall be prepared and submitted to the Owner according to the following: Stage 1: At the time of 50% Roadway Submittal, provide a strip map with construction centerline, limits of construction, existing topography and proposed right of way plotted on complete parcel surveys with property lines identified. Stage 2: Prepare right of way documents to Owner specifications including a metes and bounds legal description of each parcel. Exhibits shall be adequate to clearly show all details, dimensions, bearings, distances and notes at 11"xl7" sheet size (not smaller than 1"=100' unless approved in advance by Owner). Stage 3: Perform a thorough "in-house" review of the right of way documents. Stage 4: Prior to the 90% Roadway Submittal, provide 90% level right of way documents for review, legal descriptions, and "current owner" certificates of title with deeds attached. Stage 5: Submit final right of way documents and electronic files with corrections requested by the Owner. 2. Coordinate with Owner's Land Agent or Acquisition consultant, providing information as requested, in support of right of way appraisals and acquisitions. 3. Staking of Right of Way and/or Easements is excluded from this Scope of Work but may be performed on an hourly basis if authorized by Amendment. BIDDING PHASE SERVICES 1. Update Project Manual with key dates and information at the time of advertisement for bids. 2. Prepare Advertisement for Bids and submit to the Owner for issuance to newspaper(s). The Owner to pay advertising costs outside of this agreement. 3. Dispense construction contract documents to prospective bidders at the approximate cost of reproduction and handling. Owner to receive bids. 4. Answer questions from contractors during bid phase 5. Issue addenda 6. Conduct the pre -bid meeting, if necessary 7. Attend Bid Opening 8. Review and certify bids for construction 9. Prepare Bid Tabulations 10. Prepare Construction Contract 11. Issue letter of recommendation to Owner for acceptable of bid 12. Assist the Owner with project close-out for design. III. PROJECT CONDITIONS OF THE WORK a) The Engineer shall submit a project schedule which will permit all work to be completed within ten (10) months after receiving notice to proceed. It is understood that extenuating circumstances e.g. unusually long review periods or other administrative delays by any public agency would be justification to extend the design completion time frame. b) Coordinate design and construction with franchise utility companies' relocations and/or new locations to assure adequate space for all facilities and timely relocations. c) Notify Owner of needs to coordinate with relevant regulatory agencies as required (FEMA, USACOE, SHPO, ADEQ, USFWS and others) to resolve environmental issues and obtain permits if found to be required. At this time, no permits are anticipated to be required and therefore environmental coordination, documentation, and permits is excluded from this Scope of Work. d) Design and land surveys shall be performed to Arkansas minimum standards requirements, and shall be supervised and certified (stamped) by a Professional Surveyor registered in Arkansas. e) All work performed by the Engineer shall be in compliance with all applicable Federal, State, and local laws, regulations, and ordinances. IV. COORDINATION WITH OWNER a) Coordination meetings will be conducted on an as needed basis. These meetings shall include the Engineer, the Owner, and others, as appropriate. The Engineer shall schedule these meetings with the Owner concurrence, and compile and distribute meeting minutes, as necessary. V. DELIVERABLES A. Alignment Study Design Phase (10%) 1. Alignment Plan/Report 2. Conceptual Opinion of Probable Construction Cost (OPCC) B. Conceptual Design Phase (30%) 1. Design Criteria 2. 30% Complete Roadway Plans 3. OPCC C. Preliminary Design Phase (50%) 1. Geotechnical Report 2. 50% Complete Roadway Plans 3. Right of Way Strip Map 4. Preliminary Drainage Report 5. OPCC 6. 90% Right of Way Documents D. Final Design Phase (90/100%) 1. 90% Complete Roadway Design Plans. 2. Final Roadway Design Plans signed and sealed by an Arkansas Registered Professional Engineer. 3. Provide Special Provisions and complete Project Manual for bidding. 4. OPCC 5. Electronic files of the project design and plans on a compact disc in AutoCAD/Civil 3D format that is fully indexed (all reference files attached and set to load automatically.) txniait A - Justiricazion oT Uosts - mmsap Koaa & uoiiege Avenue inzersection improvements SHEETS TASKS Number Avg. Hirs Per Avg. Cost Per Hours Cost Hours PM 444.0 Cost $ 78,738.00 LABORSUMMARY Hours 444.0 $ Cost 78,738.00 SUBCONSULTANTS Hours 0.0 DIRECTS TOTAL Cost W/MARKUP COST $ - RDY 43.0 13.6 $ 1,742.30 585.0 $ 74,919.00 104.0 $ 14,568.00 689.0 $ 89,487.00 0.0 $ - DRG 0.0 #DIV/0! #DIV/0! 0.0 $ - 88.0 $ 12,126.00 88.0 $ 12,126.00 0.0 $ - TRF 19.0 17.1 $ 2,216.84 325.0 $ 42,120.00 100.0 $ 15,660.00 425.0 $ 57,780.00 0.0 $ WALL 0.0 #DIV/0! #DIV/0! 0.0 $ - 0.0 $ - 0.0 $ - 0.0 $ TOTAL 62.0 14.7 $ 1,887.73 910.0 $ 117,039.00 736.0 $ 121,092.00 1646.0 $ 238,131.00 0.0 $ $64,715.44 $ 302,846.44 26.5 = Hours oar Sheet $144.67 = Average Labor Rate Discipline Hours/Sheet Sheets Hours Labor Cr$220.006.007 LABOR SUBCONSULTANTS Principal (Level l7+) Project Director (Level l6) Project Manager (Level Associate Civil Engineer (Level Senior Civil Engineer (Level l2) Staff Civil Engineer (Level Project Assistant (Level 9) Designer (Level 9) CAD (Level 8) Field Rep. (Level 9) Public Involvement (Level 12) Structural Engineer nior Structural Engineer Staff Structural Engineer Assistant Structural Engineer Associate Environmental Scientist Senior Environmental Scientist Staff Environmental Scientist $214.00 $214.00 $183.00 $150.00 $132.00 $132.00 $111.00 $125.00 $183.00 TitleSheet Index of Sheets, Governing Specs, and General Notes ROY RDY 10.0 15.0 1.0 1.0 10.0 15.0 $ 1,18 $ 1,86 2.0 5.0 8.0 10.0Project Survey Sheet (Millsap) RDY 8.0 1.0 8.0 $ 96 2.0 6.0 Project Survey Sheet (Backage) RDY 8.0 1.0 8.0 $ 96 2.0 6.0 Prop. Typical Sections of Improvement RDY 12.0 2.0 24.0 $ 3,05 10.0 14.0 Plan& Profile SheetsMillsap (1"=20') RDY 15.0 2.0 30.0 $ 3,9115.0 15.0 Plan & Profile SheetsBackage (1"=20') RDY 15.0 2.0 30.0 $ 3,91 15.0 15.0 Intersection Details (2 Locaflons) RDY 30.0 2.0 60.0 $ 8,220.00 40.0 20.0 Driveway Details or Profiles RDY 20.0 2.0 40.0 $ 5,220.00 20.0 20.0 Utility Adjustment Plan RDY 15.0 2.0 30.0 $ 3,720.00 10.0 20.0 MOT Details RDY 20.0 3.0 60.0 $ 7,440.00 20.0 40.0 MOT Plan Sheets RDY 15.0 4.0 60.0 $ 7,830.00 30.0 30.0 MOT Profile Sheets RDY 15.0 0.0 0.0 $ Temporary Erosion Control Details (per MOT Stage) RDY 15.0 4.0 60.0 $ 7,245.00 15.0 45.0 Signage, Striping, & Lighting Plan_Millsap TRF 20.0 2.0 40.0 $ 5,220.00 20.0 20.0 Signage, Striping, & Lighting Plan_Backage TRF 20.0 2.0 40.0 $ 5,220.00 20.0 20.0 Signage & Striping Plan_College TRF 20.0 2.0 40.0 $ 5,220.00 20.0 20.0 Sign Details TRF 20.0 2.0 40.0 $ 5,220.00 20.0 20.0 Traffic Signal Notes TRF 15.0 1.0 15.0 $ 2,250.00 15.0 Traffic Signal Details TRF 15.0 6.0 90.0 $ 11,160.00 30.0 60.0 Traffic Signal Plans (Signal Modification) TRF 15.0 4.0 60.0 $ 7,830.00 30.0 30.0 Detail Sheets RDY 8.0 5.0 40.0 $ 5,025.00 15.0 25.0 Cross Sections_Millsap (800 LF @ 50 ft per = 16; 4 per sheet; 1 extra sheet for misc.) RDY 10.0 5.0 50.0 $ 6,525.00 25.0 25.0 Cross Sections_ Backage (1000 LF @ 50 ft per = 20; 4 per sheet; 1 extra sheet for misc.) RDY 10.0 6.0 60.0 $ 7,830.00 30.0 30.0 TOTAL HOURS -SHEETS 910.0 0.0 0.0 0.0 0.0 0.0 411.0 0.0 0.0 499.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL COSTSSHEETS $117,039.00 $0.00 $0.00 $0.00 $0.00 $0.00 $61,650.00 $0.00 $0.00 $55,389.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Design Management (8 mo. schedule) PM 80.0 $ 17,120.00 80.0 Design Criteria PM 4.0 $ 794.00 2.0 2.0 Client Meetings &Updates PM 40.0 $ 7,552.00 16.0 16.0 8.0 Project Administration PM 84.0 $ 13,384.00 28.0 56.0 OAIQC Reviews (30-60-90-RFC) PM 120.0 $ 21,960.00 120.0 Prepare Project Manual PM 36.0 $ 5,368.00 4.0 16.0 16.0 Bid Phase Services PM 80.0 $ 12,560.00 20.0 20.0 40.0 TOTAL HOURS -PM TASKS 4".0 0.0 0.0 150.0 0.0 138.0 44.0 112.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL COSTS -PM TASKS Geometric Design RDY 28.0 $78,738.00 $ 4,332.00 $0.00 $0.00 $32,100.00 $0.00 $25,254.00 4.0 $6,600.00 24.0 $14,784.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Roadway Modeling RDY 40.0 $ 4,440.00 40.0 Design Criteria Check RDY 4.0 $ 732.00 4.0 Quantity Takeoffs RDY 32.0 $ 5,064.00 8.0 24.0 TOTAL HOURS -ROADWAY TASKS 104.0 0.0 0.0 0.0 0.0 16.0 48.0 0.0 0.0 40.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL COSTS -ROADWAY TASKS $14,568.00 $0.00 $0.00 $0.00 $0.00 $2,928.00 $7,200.00 $0.00 $0.00 $4,440.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.001 $0.00 1 $0.00 1 $0.00 $0.00 DRAINAGE TASKS Drainage Research DRG ��M 18.0 $ 2,580.00 4.0 14.0 Delination of Drainage Areas DRG 10.0 $ 1,422.00 2.0 8.0 Hydrologic analysis and modeling DRG 14.0 $ 1,950.00 2.0 12.0 Hydraulic analysis and modeling DRG 26.0 $ 3,534.00 2.0 24.0 Drainage Report TOTAL HOURS -DRAINAGE TASKS DRG 20.0 88.0 $ 2,640.00 0.0 0.0 0.0 0.0 10.0 0.0 0.0 20.0 78.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL COSTS -DRAINAGE TASKS $12,126.00 $0.00 $0.00 $0.00 $0.00 $1,830.00 $0.00 $0.00 $10,296.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Traffic Count Coordination & Analysis Quantity Takeoffs TRF TRF 40.0 60.0 $ 6,000.00 $ 9,660.00 1 1 1 20.0 40.0 40.0 TOTAL HOURS -TRAFFIC TASKS 100.0 4 0.0 0.0 0.0 0.0 20.0 80.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL COSTS -TRAFFIC TASKS Traffic Counts (Vendor) Survey (Subconsultant) Right of Way Documents (Subconsultanl) ^ 1.0 1.0 1.0 L.S. L.S. L.S. ERROGRE $ 13,927.00 $ 29,300.00 $ 13,400.00 $15,660.00 $ 13,927.00 $ 29,300.00 $ 13,400.00 $0.00 $0.00 $0.00 $0.00 $3,660.00 $12,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Geotechnical Investigation &Report Miles (Assumes monthly trips to Client office) 1.0 250.0 L.S. mile $ 4,863.00 $ 0.58 $ 4,863.00 $ 143.75 Meals Lodging day nights $ 50.00 $ 150.00 $ $ Printing - Roll Plot Printing -11 x17 each each $ 85.00 $ 0.16 $ $ Printing - 8 1/2 x 11 each $ 0.07 $ Postage each $ 0.57 $ Fed Ex each $ 25.00 $ TOTAL COSTS -OTHER DIRECTS $61, 333.75 � _ � � � _. •� - -�--- -cam e.z UNDER CONSTRUCTION ` ' - -''• SAIN ST, Q 1- i� a O ! r 1 Q r � MILLSAP RD, _ do IF f ll ' k • ' �LSAP RD. AND N. COLLEGE AVE INTERSECTION CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF JULY 6, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director/City Engineer FROM: Paul Libertini, Staff Enginee�pe DATE: June 9, 2021 SUBJECT: A Resolution to award Bid #21-57 and authorize a contract with General Contractor, Inc. in the amount of $X,000,000.00 for the construction of Razorback Road from the University's Administration Services Building to Hotz Drive, to approve a project contingency in the amount of $X00,000 and to approve of a budget adjustment. RECOMMENDATION: A Resolution to award Bid #21-57 and authorize a contract with General Contractor, Inc. in the amount of $X,000,000.00 for the construction of Razorback Road from the University's Administration Services Building to Hotz Drive, to approve a project contingency in the amount of $X00,000 and to approve of a budget adjustment. BACKGROUND: Per the attached letters, the University of Arkansas (UA) was awarded $334,055 of Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Federal -aid funding to help complete the final phase of widening Highway 112 between Hotz Street and the UA Administrative Services Building (ADSB) which is only 1,250 feet in length. Furthermore, it was agreed that the most expedient way to access this new Federal money was for the City to execute an Amendment to its original Agreement rather than requiring the University to start a whole new process. Therefore, since Resolution 27-17 authorized Mayor Jordan to execute all appropriate agreements and contracts necessary to expedite the construction of this project, the Mayor signed Supplemental Agreement 2 which was subsequently executed by the Arkansas Department of Transportation (ARDOT). The City received "Authorization to Advertise" for construction bids from ARDOT on June 4m The UA will perform the construction oversight and administration. The City will make payments the contractor, and then request reimbursement from ARDOT. DISCUSSION: On Tuesday, June 29,2021, the City received xxx (x) construction bids for this project. General Contractor, Inc. submitted the low bid which was approximately xx% below the Engineer's Estimate of $1,341,141.00. Note: the actual execution of the construction contract can not occur until receipt of written approval from ARDOT. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The road construction project will be paid for by a combination of funds coming from the University of Arkansas and the Northwest Arkansas Regional Planning Commission. Initially, the City will have to make payments to the contractor and then request reimbursement from ARDOT. Any costs exceeding the Federal funding amount for the road construction will be paid by the UA (see UA letter). The portion of a City sewer line that needs to be relocated will be paid for with City Water & Sewer funding. Attachments: Section 0500 Agreement Bid Submittal Bid Tabulation Supplemental Agreement 2 — Job 040582 & Job 040864 Letter dated 02/22/21 from Mike Johson, UA — City to Bid Roadway Construction Letter dated 02/21/21 from Tim Conklin, NWARPC — Award of HIP Funding Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-0493 Legistar File ID 7/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/21/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of Contract Amendment #2 in the amount of $115,164.00 with Olsson Associates, Inc. for the Porter/Deane/Sycamore/Poplar Corridor (Midtown Corridor) and approval of a budget adjustment. 4609.860.7900-5860.02 4602.860.7218-5860.02 Account Number 46090.7900.7218 46020.7218.1000 Budget Impact: 4609 -Police Projects 2019 Bonds 4602 - Street Projects 2019 Bonds Fund Police Projects - Midtown Corridor Streets Projects - Midtown Corridor Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number Comments: Project Title $ 462,205.00 $ 456,417.04 ? 5,787.96 $ 115,164.00 $ 115,164.00 5,787.96 V20210527 2019-00000800 Previous Ordinance or Resolution # 255-19 2019-00000053 Approval Date: r� ma's CITY OF �FAYETTEVILLE ARKANSAS MEETING OF JULY 20, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: June 21, 2021 CITY COUNCIL MEMO SUBJECT: Approval of Contract Amendment #2 in the amount of $115,164.00 with Olsson Associates, Inc. for the Porter/Deane/Sycamore/Poplar Corridor (Midtown Corridor) and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of Contract Amendment #2 in the amount of $115,164.00 with Olsson Associates, Inc. for the Porter/Deane/Sycamore/Poplar Corridor (Midtown Corridor) and approval of a budget adjustment. BACKGROUND: The Midtown Corridor is a priority project in the 2019 Bond Program and includes several different components. The corridor is 2.3 miles in length and runs in an east -west direction through a flat part of the middle of the city from 1-49 at Porter to College Avenue at Poplar Street. The project includes vehicular improvements to the intersection of Porter Road and 1-49 to improve the traffic flow for the large volume of traffic from the west of 1-49 turning onto the interstate heading north. Along Porter Road and Deane Street from the interstate to Garland Avenue the project includes street improvements with new turn lanes and drainage as well as separated pedestrian and bicycle facilities. This includes coordination with the planning and design of the new police headquarters and fire station. The street, drainage pedestrian, and bicycle improvements will continue along Sycamore Street from Garland Avenue to the Razorback Greenway. From the Greenway to College Avenue, the project will include multi -use trail construction along the Poplar Street alignment. Finally, a connection to the south from Poplar Street to Gregory Park will be designed as part of this contract. The City Council approved a design contract with Olsson Associates, Inc. in November of 2019. DISCUSSION: Staff has been working with Olsson on the design for this project. Through the City Council input meetings and staff reviews, additional design elements have been identified that need to be included in the scope of the design contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A full list of the design scope changes is included in Appendix A of the contract amendment. The contract amendment includes the following: 1. Addition of on -street parking along Porter Road and Deane Street along the Police Department Headquarters site. 2. Additional analysis and design changes to the roundabout at Porter Road and Deane Street. 3. The re -design of portions of Porter, Deane and Sycamore from full -depth reconstruction to a "notch and Widen" section to reduce construction costs. 4. Poplar street typical section change. 5. Additional survey beyond the original scope. 6. Project Management BUDGET/STAFF IMPACT: This contract amendment of $115,164.00 will be paid for from the Transportation Bond Fund ($85,848.00) and the Police Headquarters Bond Fund (29,316.00). The total design fee including this change will be $1,082,571.40 of which $410,000 will be paid from Walton Family Foundation grant funding, $29,316.00 from the Police Headquarters Bond Fund and $643,255.40 from the Transportation Bond Fund. Total funding for this project in Phase I of the Transportation Bond Program is $3,436,000. Attachments: Corridor Map Olsson Associates, Inc. Scope and Fee - Engineering Agreement Budget Adjustment AMENDMENT NO. 2 To CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PORTER/DEANE/SYCAMORE/POPLAR CORRIDOR Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON, Inc. WHEREAS, on November 19, 2019, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Olsson, Inc. of Fayetteville, Arkansas (ENGINEER) entered into an Agreement for professional engineering services in connection with the Porter/Deane/Sycamore/Poplar Corridor (the "Project"); and WHEREAS, the scope of the current contract excluded additional engineering services, and the CITY OF FAYETTEVILLE now wishes to increase the scope of work to include these additional engineering services as described in the scope of services attached as Appendix A, and WHEREAS, the current Agreement must now be amended to provide the additional scope and amount of compensation to the ENGINEER for the additional work; and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and the ENGINEER, the parties hereto, stipulate and agree that the Contract for Professional Engineering Services dated November 19, 2019 is hereby amended in the following particulars: SECTION 5 — PAYMENTS TO THE ENGINEER Section 5.1 is amended as follows: 5.1 The maximum not -to -exceed amount authorized for this agreement is increased by this Amendment 2 in an amount of $115,164 from $1,108,083.40 to $1,223,247.40 which includes all reimbursable expenses. APPENDIX A — SCOPE OF SERVICES Add the following scope of work as described in the attached Appendix A for Amendment 2. Amend Section A.4 to include additional fees as shown in the attached Appendix B for Amendment 2 Amend Section A.5 to reflect the revised project schedules as shown in the attached Appendix C for Amendment 2. All other provisions of the original Agreement remain in full force and effect 019-3988 Amendment No.2 Page 1 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have caused this Amendment to be duly executed this day of , 2020. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk OLSSON, INC. Brad Hammond, P.E.; Office Leader Richard D. Herrick, P.E.; Vice President END OF AMENDMENT NO. 2 TO CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES 019-3988 Amendment No.2 Page 2 MIDTOWN TRAIL -- APPENDIX A - SCOPE OF SERVICES During execution of the concept and preliminary design, and in coordination with the design of the police station headquarters, the CITY OF FAYETTEVILLE made decisions and requested additional scope items that were not included in the original Consultant contract. The purpose of this amendment is to revise and update the scope of services and fee estimate to reflect the requested changes and the required adjustment in the work effort. Below is a list of the additional work items and a general description of each task. TASK 1: ON -STREET PARKING CONSIDERATIONS 1.1 The original contract scope and estimate assumed the alignment of the Porter/Deane intersection would be similar to the existing alignment following a continuous curve from Porter Road to Deane Street, including a T-intersection with Porter Road south of Deane Street. No traffic signal was included. In coordination with the design of the proposed police station site, The CITY OF FAYETTEVILLE requested that other intersection configurations be considered, including a signalized T-intersection where Deane Street would "T" with Porter Road in addition to a single lane roundabout option. The roundabout option was selected as the preferred option. Through additional coordination regarding the police station site design, it was determined that on -street parking was a desired component. The City requested that on -street parking be analyzed and considered and that concept layouts be prepared to determine the best method to accommodate the desired on -street parking. The consultant evaluated multiple on -street parking configurations, prepared multiple concept layouts and analyzed associated impacts including evaluation of sight distance requirements. TASK 2: RE -DESIGN OF PORTER/DEANE ROUNDABOUT INTERSECTION 2.1 The Consultant prepared concept layout and analysis and subsequent 30% design plans of the approved roundabout for the intersection of Porter and Deane. As part of the 30% review the City asked that the roundabout be redesigned to accommodate a future fourth leg off the roundabout into the police station site. It was also requested that the portion of Porter Road, north of the roundabout, be shifted to the east approximately one lane width. This request required redesign and reconfiguration of the roundabout, updated analysis of the roundabout characteristics, turning movements, and sight lines and re -design to the 30% level. It was agreed that a new 30% submittal would not be required and that after approval of the new roundabout analysis by the City that the Consultant would move forward directly to a 60% submittal. TASK 3: RE -DESIGN OF EAST DEANE STREET AND SYCAMORE STREET FROM "FULL RE -CONSTRUCTION" TO A "NOTCH AND WIDEN" DESIGN. 3.1 The Consultant prepared concept, 30% and 60% designs of Deane Street and Sycamore Streets based on the existing roadways being demolished and totally reconstructed. As part of the 60% plan review discussions, the City indicated that these roadways should be designed to reflect where possible a notch, widen, and overlay design instead of full depth re -construction. The City also indicated that this comment had been made as part of the 30% plan review and was not appropriately addressed by the Consultant at that time. . The Consultant is requesting additional fee to re -design the roadway components from 10% to the 30% design level. The Consultant is not requesting additional fee to go from 30% to 60% design. This 30% re -design effort includes most all components associated with the roadway design elements including typical sections, profiles for mainline roadway, side streets and driveways, crown correction to better match the existing crown, and all driveways, storm drainage, re- modeling of the entire project, all cross -sections, all curb ramps, and revised quantities TASK 4: RE -DESIGN OF POPLAR STREET TO ACCOMODATE A REVISED TYPICAL SECTION 4.1 The 60% design review by the City resulted in a revision to the previously approved typical section on East Poplar. Revising the typical section requires re -modeling of the project, new cross -sections, and updating of other design features impacted by this revision. TASK 5: ADDITIONAL SURVEY Additional survey, survey processing and updating of the base map is required at the following locations: 5.1 The City requested that storm sewer along N Lewis Avenue be extended to the south beyond the current survey limits. Additional survey is required along the east side only for approximately 430 feet. 5.2 Additional survey is required along the north leg of Leverett Avenue, east side only for approximately 130 feet to accommodate a sidewalk extension in this area. 5.3 Additional survey is required along the south leg of Porter, east side only, for approximately 140 feet to accommodate the proposed construction and sight lines along Porter Road south of the roundabout. 5.4 Additional survey is required along Tri Cycle Farms near Lynn's Place for storm sewer design purposes for approximately 170 feet. TASK 6: PROJECT MANAGEMENT 6.1 Provide project management and coordination for Tasks 1 through 5. MIDTOWN TRAIL AMENDMENT 2 -- APPENDIX B Friday, May 14, 2021 FEE SUMMARY BY EMPLOYEE CLASSIFICATION Personnel Total Hr. 2021 $ Per Hr. Labor Cost Total Cost Project Manager PM 16 $275.00 $4,400 $4,400.00 Senior Manager SM 20 $217.00 $4,340 $4,340.00 Team Leader TL 0 $0 $0.00 Senior Engineer 2, Traffic Engineer 2 SE2/TE2 40 $198.00 $7,920 $7,920.00 Senior Engineer 1 SE1 152 $182.00 $27,664 $27,664.00 Project Engineer PE 0 $0 $0.00 Designer 2 DE2 255 $132.00 $33,660 $33,660.00 Traffic Engineer 1 / Designer 1 TE1/DE1 125 $120.00 $15,000 $15,000.00 Assistant engineer 2 AE2 100 $100.00 $10,000 $10,000.00 Assistant Engineer 1 AE1 0 $0 $0.00 Technician TECH 108 $65.00 $7,020 $7,020.00 Associate Scientist AS 0 $0 $0.00 Project Scientist PS 0 $0 $0.00 Senior Scientist SS 0 $0 $0.00 Surveyor (2-man Crew) SC2 12 $165.00 $1,980 $1,980.00 Senior Suveyor /Senior Constr Observer S SVY / SCO 2 $120.00 $240 $240.00 Surveyor Technician / Resident Project Representative ST / RPR 16 $90.00 $1,440 $1,440.00 Admin Admin 0 $0 $0.00 Geotech Engineer / Constr Mgr GE /CM 0 $0 $0.00 Sr Geotech SGE 0 $0 $0.00 Geotech Technician GT 0 $0 $0.00 Total Labor 846 $113,664.00 Total Expenses $1,500.00 TOTALS 846 $113,664 $115,164.00 Note: Rates shown are for estimating purposes only; actual billing rate is based on the rate for each individual employee and the attached billing rate scheule. Fees for individual phases or tasks may exceed the subtotals shown but total fees shall not exceed the total fee shown. FEE SUMMARY BY MAJOR TASK Task Hours Labor Expenses Total 1 ON -STREET PARKING CONSIDERATIONS 183 $ 29,316.00 $ - $ 29,316.00 2 REDESIGN OF PORTER/DEANE ROUNDABOUT 165 $ 23,460.00 $ - $ 23,460.00 3 REDESIGN OF EAST DEANE AND SYCAMORE ROADWAYS 388 $ 42,780.00 $ - $ 42,780.00 4 REDESIGN OF POPLAR STREET TO 60% 32 $ 4,224.00 $ - $ 4,224.00 5 ADDITIONAL SURVEY 30 $ 3,660.00 $ 500.00 $ 4,160.00 6 PROJECT MANAGEMENT 48 $ 10,224.00 $ 1,000.00 $ 11,224.00 TOTALS 846 $ 113,664.00 $ 1,500.00 $ 115,164.00 Friday, May 14, 2021 APPENDIX B - EXPENSE SUMMARY - MIDTOWN TRAIL AMENDMENT 2 Expenses Quantity $ Ea. Cost Design Travel, mile (car) MILES 0.54 $0.00 Hotel/Lodging PER NIGHT 125.00 $0.00 Meals PER DAY 25.00 $0.00 Miscellaneous Expenses (Plots, Copies, Reports, etc.) 1 LS 1000 $1,000.00 Survey Travel, mile (survey) MILES 0.75 $0.00 Hotel/Lodging PER NIGHT 125 $0.00 Meals PER DAY 25 $0.00 Title Work EACH 150 $0.00 Miscellaneous Expenses (Plots, Copies, Reports, etc.) 1 LS 500 $500.00 Geotech Hotel/Lodging PER NIGHT 125.00 $0.00 Meals PER DAY 25.00 $0.00 Mobilization LS 1037.00 $0.00 Travel, Drill Rig MILES 2.25 $0.00 Travel, Support Truck Miles 0.8 $0.00 Traffic Control Permit EA. 1000 $0.00 Traffic Control Day 2500 $0.00 Drilling, straight auger Foot 15 $0.00 Sampling EA. 18 $0.00 Wireline Rock Coring Foot 53 $0.00 $0.00 Lab Testing $0.00 Unconfined Compressive Strength - Soils EA. 50 $0.00 Dry Density EA. 21 $0.00 Moisture Content EA. 15 $0.00 Rock Core Breaks EA. 40 $0.00 Atterberg Limits EA. 95 $0.00 $0.00 $0.00 $0.00 Subtotal Design $1,000.00 Subtotal Survey $500.00 Subtotal Geotech $0.00 TOTAL EXPENSES $1,500.00 I OEM ADDITIONAL SURVEY EEL -000� ■000000®©00�■ PROJECT MANAGEMENT ■ . mmom®■®®mom®am��� Total E:p .— E1,506.66 Tdal Not m E...d Fae E115,180.00 E26,316.00 E23p80.00 f9Y,T60.00 Ea,zza6o 3,860.00 AMENDMENT 2 - APPENDIX C - MIDTOWN REVISED SCHEDULE West Deane Schedule (Roundabout) East Deane/ Sycamore Schedule / Tri-Cycle Item Calendar Days Estimated Completion Date Item Calendar Days Estimated Completion Date City review of Redesign NTP Friday, April 9, 2021 City Notch and Widen decision via email Thursday, March 11, 2021 60%plans 80 Monday, June 28, 2021 City N and W follow-up discussion for clarification Wednesday, March 31, 2021 City review 14 Monday, July 12, 2021 Re-submitt 60% Plans 93 Friday, July 2, 2021 95% plans 91 Monday, October 11, 2021 City review 17 Monday, July 19, 2021 City review 14 Monday, October 25, 2021 95% plans 91 Monday, October 18, 2021 100% Plans 7 Monday, November 1, 2021 City review 14 Monday, November 1, 2021 100% Plans 14 Monday, November 15, 2021 Interchange Analysis Schedule Poplar/Woodland Schedule Item Calendar Days Estimated Completion Date Item Calendar Days Estimated Completion Date Notice to Proceed 0 Completed VISSIM Analysis 38 Completed Additional Survey Completed Concept Design and Estimate 38 Completed 30% plans Completed City review Completed 60%plans Completed City review Completed Restart after Sycamore and Deane Updated 60% submittals 95% plans (30 days after Deane and Sycamore) Wednesday, December 15, 2021 City review 14 Wednesday, December 29, 2021 100% Plans 14 Wednesday, January 12, 2022 ,` V 10 iancs++uc VFJPaye' N r �a Q Apartments W E y� Village Lake Dr V V S Wash. Co. � Fairgrounds Sunbridge D 49 '+o 1= Y •• i .a�lea •SL" Meadow Valley Trail G + napp bt y� 7ownshl •. r N yr Arkansas Agricultural Research �@ r - - Proposed Roundabout E x r e n s+ a n Center C� Proposed separated Proposed Bicycle, n U Bicycle & Pedestrian ai o Facilities a ``\d~ Future Police Headquarters > Pedestrian, Drainage o s= & Street improvements 5 F _ �+ Q Proposed separated i Po ar fit. Poplar St. Bicycle & Pedestrian faclities M C elma !j , c o gel A� Existing Trail C. Deane St Q Deane St. a� Proposed Proposed turn lanes at ` Sycam rest. vrP St On -street �j intersections Lewis Bikeway Soccer Syca Complex a Asbetl Q 0 � •_:•••. sn Afaunt Comfortlga re L v Proposed Park a a' � Signalized > Crossing �•:.i g Veterl3riS Evelyn 112. Health C: ii� Hills a System of Legend - _j Proposed Midtown Trail �eq��yt o at °� ...'• Existing Shared -Use Paved Trails City of Fayetteville, AR CITY OF �� FawETTEVILLE Midtown Trail Corridor - 2.5 Miles October 2019 ARKANSAS Porter Rd./Deane St./Sycamore St./Poplar St./Woodland Ave. 0 0.125 0.25 0.5 Miles Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-0465 Legistar File ID 7/6/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/17/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of Contract Amendment #2 in the amount of $70,090.00 with McClelland Consulting Engineers, Inc. for the W. Center Street and N. Harmon Avenue Intersection Project. �:1iZ►�:�:�il�•��:��:�:�il[i1►� Account Number 46020.7219 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: 4602 - Streets Project (2019 Bonds) Fund Center St./Harmon Ave. Intersection Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 1,244,587.00 $ 67,920.49 $ 1,176,666.51 $ 70,090.00 $ 1,106,576.51 V20210527 Purchase Order Number: 2019-00000775 Previous Ordinance or Resolution # 243-19 Change Order Number: Original Contract Number Comments: 2019-000000049 Approval Date: r� ma's CITY OF �FAYETTEVILLE ARKANSAS MEETING OF JULY 6, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: June 15, 2021 CITY COUNCIL MEMO SUBJECT: Approval of Contract Amendment #2 in the amount of $70,090.00 with McClelland Consulting Engineers, Inc. for the W. Center Street and N. Harmon Avenue Intersection Project. RECOMMENDATION: Staff recommends approval of Approval of Contract Amendment #2 in the amount of $70,090.00 with McClelland Consulting Engineers, Inc. for the W. Center Street and N. Harmon Avenue Intersection Project. BACKGROUND: The Center and Harmon intersection is a priority project in the 2019 Bond Program. Located between the University of Arkansas and Fayetteville High School, this intersection has a high volume of both vehicular and pedestrian traffic. With the awkward vertical grades and horizontal alignment of the intersection, it makes for a difficult intersection to navigate. This project will include some minor alignment changes, a traffic signal and turn lanes to the west and north legs of the intersection. Pedestrian accommodations will be included with the signal installation as well. The project bid opening will be scheduled for a date in July of 2021. DISCUSSION: The approved contract with MCE does not include bidding services, construction phase services and materials testing. Staff has worked with MCE to develop a scope that will include support for the contractor and city staff as needed throughout the construction of this project. In addition, they will provide as -built plans at the end of the job documenting any field changes made during construction. MCE has provided a fee in the amount of $70,090.00 for this additional work. The contract will be paid based on hourly rates for work completed, up to the total contract amount. BUDGET/STAFF IMPACT: The design for this project will be paid for with the funds from the 2019 Transportation Bond Project. The total fee including this change will be $179,765.00. Total funding for this project in Phase I of the Bond Program is $1,300,000. Attachments: Vicinity Map MCE Scope and Fee - Engineering Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 HARMON AVE. & CENTER ST. INTERSECTION IMPROVEMENTS AMENDMENT TO OWNER - ENGINEER PROFESSIONAL SERVICES AGREEMENT Amendment No. 2 1. Background Data: a. Effective Date of Owner -Engineer Agreement: November 5th, 2019 b. Owner: The City of Fayetteville c. Engineer: McClelland Consulting Engineers, Inc d. Project: Harmon Ave. & Center St. Intersection Improvements 2. Description of Modifications: The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: shall perform or furnish the following Additional Services: a. Revise ATTACHMENT `A', SCOPE OF SERVICES, as attached. b. Revise ATTACHMENT `D', COMPENSATION, as attached. 3. Agreement Summary (Reference only) a. Original Agreement amount: $ 90,950.00 b. Net change for prior amendments: $ 18,725.00 c. This amendment amount: $ 70,090.00 d. Adjusted Agreement amount: $ 179,765.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the original Agreement. Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is , 2021. OWNER: ENGINEER: City of Fayetteville McClelland Consulting Engineers, Inc By: By: Title: Title: Kevin Beaumont Vice President Date Date Signed: KinBDate: 2021.06.10 Signed: evBeaumont 16:39:18-05'00' ATTACHMENT 'A' Amendment No. 2 SCOPE OF SERVICES CITY OF FAYETTEVILLE, ARKANSAS HARMON AVE. & CENTER ST. INTERSECTION IMPROVEMENTS 1) Bid/Award Phase During the bidding phase of the project, the ENGINEER will: a. make available construction documentation to CITY OF FAYETTEVILLE (CITY), b. prepare addenda as appropriate, c. manage pre -bid meeting and, d. issue Notice of Award and Notice to Proceed documents. e. The CITY Purchasing Department will manage the advertisement for bids, bid opening and evaluation and further will make recommendation to City Council. 2) Construction Phase Services During the construction phase of work, the ENGINEER will accomplish the following: a. Manage preconstruction meeting. b. Perform survey consisting of the establishment of control points for construction purposes. c. Attend preconstruction conferences with CITY. d. Review submittals. e. Provide partial on -site observation (maximum 40% of time as an overall average) of the construction work as it progresses for a period not to exceed 5.5 months. f. Prepare contractor pay estimates and submit to CITY for review and approval. g. Prepare change orders as needed. h. Attend final inspection and prepare punch list. i. Prepare as -built record drawings utilizing contractor's measurements. j. Represent CITY at meetings as needed pertaining to this project. k. Prepare and submit close out documentation. 3) Materials Testing & Special Inspection Services a. See attached breakdown for construction materials testing services. A-1 CONSTRUCTION MATERIALS TESTING & SPECIAL INSPECTION SERVICES: It is anticipated that services for construction -materials testing and special inspections for the project will include proof roll observations/subgrade recommendations, soil and coarse aggregate base density testing, reinforcing bar observations, cast -in -place concrete testing, and asphalt testing. MCE would be happy to provide additional services relevant to the project that are not currently anticipated by this proposal, at the request of the Client at an agreed -upon unit price. The fees for each service include travel time, mileage, reporting fees, and assume the following factors: i. A Geotechnical Engineer/engineering technician onsite for proof -roll observation and/or subgrade recommendations regarding the building pad and pavement areas. • Retaining Wall Footings - 4 trips • New Pavement Improvements - 2 trips • Sidewalk Improvements - 4 trips ii. A certified technician onsite for each soil/base density testing trip • Trail Subgrade (Select Fill) — 20 trips • New Pavement Improvements (Select Fill) - 3 trips • New Pavement Improvements (Base Course) - 2 trips • Sidewalk Improvements (Select Fill) - 3 trips • Sidewalk Improvements (Base Course) - 2 trips • Retaining Wall Leveling Course - 4 trips • Retaining Wall Backfill - 8 trips • Utility Backfill - 6 trips iii. A Geotechnical Engineer or Engineering Technician onsite for the observation of reinforcing elements. • Drainage Features (Curb Inlets, Junction Boxes, Manholes, etc.) - 4 trips • Retaining Wall #1 Footings - 1 trip • Retaining Wall #1 - 1 trip iv. A certified technician onsite for each cast -in -place concrete testing trip. • Drainage Features (Curb Inlets, Junction Boxes, Manholes, etc.) - 4 trips • Retaining Wall #1 Footings - 1 trip • Retaining Wall #1 - 1 trip • Concrete Sidewalk/Trail - 4 trips • Driveway Patching - 2 trips • Curb -and -Gutter - 3 trips V. A certified technician onsite for asphalt testing. • Rolling Pattern - 1 trip • Asphalt Coring (3 hr onsite + testing and reporting) - 1 trip A-2 Bulk Sample Testing - 2 trips From the assumptions and project details referenced above, we can provide construction materials testing and special inspections on this project for a Not -To -Exceed Without Approval amount of $12,755.00. A-3 ATTACHMENT 'D' Amendment No. 2 COMPENSATION CITY OF FAYETTEVILLE, ARKANSAS HARMON AVE. & CENTER ST. INTERSECTION IMPROVEMENTS • The compensation as defined in Attachment `D' of the original Contract, as well as subsequent amendments, shall remain in full effect, and shall also include compensation associated with this amendment: Amend compensation as follows: • CITY shall pay ENGINEER for Construction Related Services and Reimbursable Expenses rendered for an amount not exceeding $70,090.00. Professional services shall be charged using the most recent hourly rates, unless indicated otherwise. Refer to attached schedule for 2021 rates. Bidding Services: $ 2,225.00 Construction Administration: $ 18,610.00 Construction Observation: $ 34,750.00 Materials Testing & Special Inspections: $ 12,755.00 Reimbursables: $ 1,750.00 Total Construction Related Services Fee $ 70,090.00 M McCLELLAND CONSULTING lflrfw� 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. 1 r z y N HARMON AVE ry I*.�- h h on N 0 CD Z D n m Z7 IT < O l m z z (/) m O f' 1 , A M C7 Z co O +1r Z C) f'l � Z Fri _ .r r- r N HARMON AVE - - - i- rj/�• 1 1 1 CITY OF FAYETTEV I LLE ARKANSAS CITY OF FAYETTEVILLE TRANSPORTATION BOND PROGRAM PROGRESS REPORT — June 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. Funding for the Bond Program includes $36 million in bonds for the first phase of the program. UPCOMING CONSTRUCTION PROJECTS PROJECT NAME EST. BID DATE ESTIMATED CONST. COST Center/Harmon Intersection July 15, 2021 $1,123,900.82 Shiloh Dr. / Fulbright Expwy Intersection August 2021 $1,116,770.75 Archibald Yell Blvd. Safety Improvements September 2021 $1,505,000.00 CURRENT CONSTRUCTION PROJECTS PROJECT NAME ESTIMATED CONSTRUCTION COMPLETION CONTRACT Zion Rd. (Vantage to Crossover) February *$4,395,109.35 2022 Sain St. Extension February *$607,900.29 2022 *Transportation Bond Program portion of the contract. COMPLETED PROJECTS PROJECT NAME COMPLETION YEAR ORIGINAL BUDGET FINAL PROJECT COST Rupple Road 2021 $3,000,000 *$3,531,093.23 Steamboat Dr./Dorothy Jeanne 2021 $670,000 *$407,554.56 Centennial Park Entrance Drive 2021 $1,000,000 *$834,721.75 *Final amount to be updated once all invoices have been submitted for payment. Maifing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 For details regarding each of the Transportation Bond Projects, use the links provided below for each project. 1) RUPPLE ROAD (TANYARD DR. TO WEIR RD.) https://www.favetteville-ar.gov/3597/Rupple-Road-Extension 2) ZION ROAD PHASE II (VANTAGE DR TO CROSSOVER RD) https://www.fayetteville-ar.gov/3586/Zion-Road-Improvements 3) STEAMBOAT / DOROTHY JEANNE CONNECTION https://www.favetteville-ar.gov/3596/SteamboatDorothy-Jeanne-St-Connection 4) SHILOH DR. / FULBRIGHT EXPRESSWAY INTERSECTION https://www.favetteville-ar.gov/3594/Sh iloh-DrFuIbright-Expressway-I ntersecti 5) CENTER / HARMON INTERSECTION https://www.faVetteville-ar.gov/3595/CenterHarmon-intersection 6) MIDTOWN CORRIDOR hftps://www.favetteviIIe-ar.gov/3877/Midtown-Corridor-Promect 7) SAIN STREET EXTENSION (FRONT ST. TO JOYCE BLVD.) https://www.favetteville-ar.gov/3598/Sain-Street-Extension 8) MAPLE ST. CYCLE TRACK https://www.fayetteville-ar.gov/3581 /Maple -Street -Cycle -Track 9) 15th ST. / RAZORBACK RD. INTERSECTION https://www.fayetteville-ar.gov/3592/15th Razorback -Intersection 10) HIGHWAY 71 B CORRIDOR https://www.favetteville-ar.gov/3588/Highway-71 B-Corridor 11) APPLEBY / PLAINVIEW / ROLLING HILLS CONNECTION https://www.favetteville-ar.gov/3771 /ApplebyPlainviewRolling-Hills-Connection 12) ARCHIBALD YELL BLVD. SAFETY IMPROVEMENTS https://www.fayetteville-ar. gov/3584/Archibald-Yel I -Blvd -Safety -Improvements N 13) ROLLING HILLS IMPROVEMENTS (COLLEGE TO OLD MISSOURI) https://www.fayetteviIle-ar.gov/3585/Rolling-Hills-Improvements 14) JOYCE BLVD. SAFETY IMPROVEMENTS https://www.fayettevi I le-ar. gov/3732/Joyce-B lvd-Safety-Improvements 15) NORTH ST. / MISSION BLVD. CORRIDOR https://www.favetteville-ar.gov/3589/North-Street-Corridor 16) OLD WIRE RD. CYCLE TRACK (EXTENSION) https://www.fayetteville-ar.gov/3583/Old-Wire-Road-Cycle-Track 17) PAVEMENT MAINTENANCE / OVERLAYS https://www.favetteville-ar.gov/3600/Pavement-Maintenance0verlays • 9.08 Miles of overlays have been completed as of June 2021 for 2021. • $1,343,1093.86 of the $2,700,00 has been spent or encumbered as of June 2021. 18) TRAFFIC SIGNAL HARDWARE / UPGRADES https://www.fayettevi Ile-ar.gov/3599/Sig na1-HardwareSoftware-Upgrades • 64 of 109 signal controllers and 49 of 55 Video Detectors have been upgraded as of June 2021. • $912,454 of the $1,400,000 has been spent or encumbered as of June 2021. 3 2021 Overlay Projects COMPLETED Street To From Length (ft) Width (ft) Tons Plumberosa Dr. Finger Rd. City Limits 2890 18 942 85TH Ave. Wedington Dr. Goose Creek Rd. 6037 23 1698 Ravenswood Ln. Country Club Dr. Club Oak Dr. 419 24 123 Club Oak Dr. Ravenswood Ln. 29th Ct. 1175 241 344 29th Ct. Sand Trap Ln. Cul de sac 577 26 183 Country Club Dr. 29th Circle Sand Trap Ln. 345 24 102 28th Circle Cul de sac Country Club Dr. 401 26 128 27th Circle Cul de sac Country Club Dr. 300 25 92 West Ave. 11th 15th 1286 25 393 West Ave. 15th Salvation Ln 421 30 155 Tally HO Dr. Hunt Ln. Cul de sac 922 30 338 Steeple Chase Dr. Dead End Hunt Ln. 550 30 202 Deane Solomon Rd. Shiloh Dr. 112 8700 26 2765 Kings Dr. Mission Blvd. Arlington Ter. 1130 26 360 Old Dominion Way Natchez Trace Skillern Rd. 532 26 170 James Town Natchez Trace Cul de sac 346 26 110 Natehez Trce. Williamsburg Ln. Jamestown Rd. 503 28 173 Williamsburg Natchez Trace Cul de sac 295 28 101 Raliegh Circle Charleston Xing Cul de sac 286 27 95 Valerie Dr. Hillside Ter. Joyce St. 2300 22 619 Hillside Ter. Dead End Crossover Rd. 1488 24 437 Chestnut Ave. Popular St. Dead End 1065 30 391 Birch Ave. Popular St. Dead End 391 16 77 Old Farmington Rd. Shiloh Dr. One Mile Rd. 2187 27 722 Centinial Old Farmington Rd Centennnial Park 3901 18 1288 Persimmon St. 54TH St. Broyles Ave. 2645 22 712 Maple St Razorback Rd. Oliver Ave. 399 26 127 Arbuckle Ln. MLK Dead End 308 23 87 Main St. Eastern Ave. Lewis Ave. 327 17 68 Neptune St. Eastern Ave. Dead End 295 18 65 Venus St. Eastern Ave. Dead End 322 21 83 Mitchell St. Razorback Rd. Gabbard Dr. 1154 30 424 Eastern Ave Nettleship St. MILK 1740 20 426 Palmer Pl. Palmer Ave. Hartman Ave. 291 24 86 Palmer Ave. Center St. Palmer PI. 331 20 81 Hotz Palmer Pl. Hartman Ave. 388 27 129 Hartman Hotz Dr. Nettleship St. 1300 27 429 Total 47947 14725 UP NEXT Razorback Rd Maple St. Cleveland St. 1288 23 362 Cardwell Ln. Razorback Rd. Oliver Ave. 397 24 117 Sang Ave. Cleveland St. Wedington Dr. 1317 28 451 Leverette Douglas St. North St. 2060 24 605 Hughes Leverette Ave. Alley 150 22 41 Hughes St. Alley Garland Ave. 133 26 43 Oakland Hughes St. Dead End 142 20 35 Lindall Eagle St. Hughes St. 675 27 223 Church St. Center St. Spring St. 713 30 262 COMPLETED 2021 Sidewalk Projects Ward Street From To Placement Type Type Comments Work complete 1 Bus Shelter Pads Various Locations Per plan New Shelter Pad Construct concrete pad and access for bus shelters Huntsville Rd. Seven Hills Dr. Erika Ave. South New Shelter Pad Construct concrete pad and access for bus shelters Work complete Lewis Ave. Deane St. Mt. Comfort Rd. West New Work complete 2 Sycamore St. Saddlehorn Ave. Porter Rd. South Rep Maintenance Install 2 access ramps Work complete 4 Cleveland St. Oliver Ave. Sunset Dr. Both Rep Maintenance install 2 access ramps, correct driveway slope Work complete 4 Persimmon St. Salem Rd. Betty Jo Dr. North New Maintenance Install 4 access ramps Start project in june 4 Verona Ln. Ika Ln. Miramar Dr West Rep Maintenance Replace failing sections of sidewalk 4 1 Bentgrass Rd. I Hay Meadows Ave. ISalem Rd. I Both lRep Maintenance I Replace access ramps UP NEXT Start project in june 1 Finger Rd. MILK Jr. Blvd. Walmart driveway West New Bus Stop Widen street for bus pull off Start project in june 2 Mt. Comfort Rd. Addington Ave. Garland Ave. South New Walk Complete sidewalk/trail connection 1 Ray Ave. Cul de sac Pinyon Pt. East Rehab Maintenance Clean, replace failing sections 2 University Ave. Whiteside St. Powerhouse Ave. East Rep Maintenance Replace failing sections of sidewalk Page 1 of 1