HomeMy WebLinkAbout2015-12-01 - Agendas - Archive December 1,2015
Final Agenda
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City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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Meeting Agenda - Final Agenda
Tuesday, December 1, 2015
5:30 PM
City Hall Room 219
City Council Meeting
Adella Gray Ward 1
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer, Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
December 1,2015
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Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
A. 1 2014-0516
APPROVAL OF THE NOVEMBER 3, 2015 CITY COUNCIL MEETING
MINUTES.
A. 2 2015-0524
BALL PLAZA HOLDINGS,LLC:
A RESOLUTION TO APPROVE A TWO YEAR SUBLEASE
AGREEMENT WITH BALL PLAZA HOLDINGS, LLC FOR TEN
PARKING SPACES LOCATED IN OFF-STREET PARKING
DEVELOPMENT DISTRICT LOT 7 FOR THE PURPOSE OF
CONVERTING THE SPACES FROM METERED PARKING TO FREE
TWO HOUR PUBLIC PARKING AT A MONTHLY COST OF $35.00
PER SPACE
Attachments: Ball Plaza Holdings, LLC
OSPDD Executed Amendment#1
A. 3 2015-0520
CH2M HILL ENGINEERS, INC.AMENDMENT NO. 7:
A RESOLUTION TO APPROVE AMENDMENT NO. 7 T THE
AGREEMENT FOR OPERATIONS, MAINTENANCE AND
MANAGEMENT SERVICES BETWEEN THE CITY OF
FAYETTEVILLE, ARKANSAS AND CH2M HILL ENGINEERS, INC.
IN THE AMOUNT OF $7,872,234.00 FOR SERVICES IN 2016
Attachments: CH21M 2016 Contract-Agenda Packet
City or Fayetteville,Arkansas Page 2 Printed on 11/25/2015
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A. 4 2015-0530
INTERNET CRIMES AGAINST CHILDREN TASK FORCE
PROGRAM SUB-GRANT:
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A
NON-MATCHING CONTINUATION SUB-GRANT FROM THE
INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM
IN THE AMOUNT OF $9,374.00, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: SRP-2015 ICAC Award
BA-2015 ICAC Award
A. 5 2015-0538
GARVER,LLC TASK ORDER NO. 5:
A RESOLUTION TO APPROVE TASK ORDER NO. 5 WITH GARVER,
LLC IN THE AMOUNT OF $45,500.00 FOR BID PACKAGE
DEVELOPMENT, BIDDING SERVICES, CONSTRUCTION PHASE
SERVICES, AND CLOSEOUT SERVICES ASSOCIATED WITH THE
AIRPORT TAXIWAY LIGHTING REHABILITATION PROJECT, AND
TO APPROVE A BUDGET ADJUSTMENT
Attachments: SRP-2016 Drake Field Taxiway Lighting Rehab
BA- Garver Consulting
A. 6 2015-0526
BID NO. 15-62 PERMATRAK NORTH AMERICA:
A RESOLUTION TO AWARD BID NO. 15-62 AND AUTHORIZE A
CONTRACT WITH PERMATRAK NORTH AMERICA, LLC OF
CHARLOTTE, NORTH CAROLINA FOR THE PURCHASE OF A
PREFABRICATED CONCRETE BOARDWALK SYSTEM IN THE
AMOUNT OF $311,678.00 PLUS APPLICABLE TAXES FOR
INSTALLATION ON THE CLABBER CREEK TRAIL BETWEEN
RUPPLE ROAD AND SALEM ROAD, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $31,167.00
Attachments: 2015-0526-Clabber Creek Trail Boardwalk
City or Fayetteville,Arkansas Page 3 Printed on 11/25/2015
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A. 7 2015-0539
RANGER'S PANTRY DONATIONS:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE
TOTAL AMOUNT OF $2,244.00 REPRESENTING DONATIONS TO
RANGER'S PANTRY AND COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM INCOME RECEIVED FROM HOUSING LIEN
PAYOFFS
Attachments: SRF-SRM PI and RP Recognition
BA-PI and RP Recognition 12.1.15
A. 8 2015-0536
BSN SPORTS:
A RESOLUTION TO APPROVE THE PURCHASE OF THIRTY-TWO
(32) PAIRS OF SOCCER GOALS FOR THE REGIONAL PARK FROM
BSN SPORTS OF DALLAS, TEXAS IN THE AMOUNT OF $85,623.00,
PURSUANT TO A U.S. COMMUNITIES NATIONAL COOPERATIVE
PURCHASING PROGRAM CONTRACT, AND TO APPROVE A
BUDGET ADJUSTMENT
Attachments: Soccer Goals- Legistar Packet
BA(Agenda Item)2015 PARKS REGIONAL PARK SOCCER GOALS 11-12-15
A. 9 2015-0537
WALKER PARK NEW DISC GOLF COURSE -WAXHAWS DISC
GOLF:
A RESOLUTION TO NAME THE NEW DISC GOLF COURSE AT
WALKER PARK THE WAXHAWS DISC GOLF COURSE IN HONOR
OF THE HISTORIC ARCHIBALD YELL HOMESTEAD
Attachments: Waxhaws- Legistar Packet
B. Unfinished Business:
City or Fayetteville,Arkansas Page 4 Printed on 11/25/2015
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B. 1 2015-0469
AMEND CHAPTER 97 PARKS AND RECREATION:
AN ORDINANCE TO AMEND CHAPTER 97PARKS AND
RECREATION OF THE FAYETTEVILLE CITY CODE TO ALLOW
TWENTY FOUR (24) HOUR ACCESS TO SHARED USE PAVED
TRAILS; TO ADD LEASH REQUIREMENTS FOR ANIMALS IN
CERTAIN PARKS; TO PROHIBIT CERTAIN ACTIVITIES IN PARKS
INCLUDING UNAUTHORIZED VEHICLE OPERATION, USE OF
PADDLE BOARDS ON CITY LAKES, AND SHOOTING OF MODEL
ROCKETS; TO PROVIDE FOR CERTAIN ACTIVITIES IN PARKS
INCLUDING CAMPING, HORSEBACK RIDING, LIMITED VENDING
AT PARK EVENTS, AND POSTING OF TEMPORARY SIGNS; AND
TO MAKE OTHER TECHNICAL REVISIONS
Attachments: Exhibit A- Proposed Chapter 97
Legistar Packet-Chapter 97
Additional Memo
At the November 17, 2015 City Council meeting, this ordinance was left on the
first reading.
B. 2 2015-0463
AMEND § 73.04 RIDING ON ROADWAYS AND BICYCLE PATHS
AND§73.05 RIDING ON SIDEWALKS:
AN ORDINANCE TO AMEND § 73.04 RIDING ON ROADWAYS
AND BICYCLE PATHS TO PROVIDE FOR THE SAFE OPERATION
OF BICYCLES ON ROADWAYS AND BICYCLE PATHS, AND TO
AMEND § 73.05 RIDING ON SIDEWALKS TO PROVIDE FOR THE
SAFE OPERATION OF BICYCLES ON SIDEWALKS
Attachments: CC packet- Bicycle Ordinance Amendments
Bicycle Ordinance Package CC Memo-Amendment Package w out Map
At the November 17, 2015 City Council meeting, this ordinance was left on the
first reading.
C. New Business:
City or Fayetteville,Arkansas Page 5 Printed on 11/25/2015
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C. 1 2015-0543
LIB HORN ANIMAL SHELTER OF FAYETTEVILLE:
A RESOLUTION TO RENAME THE FAYETTEVILLE ANIMAL
SHELTER THE LIB HORN ANIMAL SHELTER OF FAYETTEVILLE
Attachments: Agenda Packet Rename Animal Shelter
Additional Lib Horn
C. 2 2015-0522
YOUTH CENTER,INC.:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN
THE CITY OF FAYETTEVILLE, ARKANSAS AND FAYETTEVILLE
YOUTH CENTER, INC. IN THE AMOUNT OF $225,000.00 TO
PROVIDE PUBLIC RECREATION SERVICES FOR THE YOUTH AND
CITIZENS OF FAYETTEVILLE FOR 2016
Attachments: B&G Club-Legistar Packet
C. 3 2015-0535
AREA AGENCY ON AGING OF NORTHWEST ARKANSAS:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVE A CONTRACT BETWEEN
THE CITY OF FAYETTEVILLE, ARKANSAS AND THE AREA
AGENCY ON AGING OF NORTHWEST ARKANSAS IN THE
AMOUNT OF $101,205.00 TO PROVIDE PUBLIC RECREATION
SERVICES FOR THE SENIOR CITIZENS OF FAYETTEVILLE FOR
2016
Attachments: AAA- Legistar Packet
City or Fayetteville,Arkansas Page 6 Printed on 11/25/2015
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C. 4 2015-0531
AMBULANCE SERVICES INTERLOCAL AGREEMENT:
A RESOLUTION TO APPROVE AN INTERLOCAL AGREEMENT FOR
CONTINUATION AND EXPANSION OF AMBULANCE SERVICES
BY AND WITH THE CITY OF FAYETTEVILLE, THE WASHINGTON
COUNTY REGIONAL AMBULANCE AUTHORITY, WASHINGTON
COUNTY, ELKINS, ELM SPRINGS, FARMINGTON, GOSHEN,
GREENLAND, JOHNSON, LINCOLN, PRAIRIE GROVE,
TONTITOWN, WEST FORK, AND WINSLOW, AND TO AUTHORIZE
THE AMBULANCE AUTHORITY TO OPERATE CENTRAL
EMERGENCY MEDICAL SERVICES AS THE EXCLUSIVE
EMERGENCY AND NON-EMERGENCY AMBULANCE SERVICE
WITHIN THE CITIES
Attachments: SRF SRM Interlocal Agreement
C. 5 2015-0533
RZN 15-5223: (SE CORNER OF W.MLK BLVD. & S. STADIUM
DR./STADIUM& RAILROAD,LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5223 FOR APPROXIMATELY 2.53
ACRES LOCATED AT THE SOUTHEAST CORNER OF WEST
MARTIN LUTHER KING BOULEVARD AND SOUTH STADIUM
DRIVE FROM RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS
PER ACRE TO CS, COMMUNITY SERVICES
Attachments: 15-5223 CC EXHIBITS
15-5223 CC DOCUMENTS
City or Fayetteville,Arkansas Page 7 Printed on 11/25/2015
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C. 6 2015-0544
RZN 15-5214: (WEST OF N. GREGG AVE. &W.VAN ASCHE
DR./WG LAND COMPANY)APPEAL:
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5214 FOR APPROXIMATELY 186.65
ACRES LOCATED WEST OF THE INTERSECTION OF NORTH
GREGG AVENUE AND WEST VAN ASCHE DRIVE FROM R-A,
RESIDENTIAL AGRICULTURAL TO C-2, THOROUGHFARE
COMMERCIAL AND C-3, CENTRAL COMMERCIAL
Attachments: 15-5214 EX A
15-5214 EX B
15-5214 CC reports
RZN 15-5214 City Attorney Memo
C. 7 2015-0545
RZN 15-5209: (NE CORNER OF MCGUIRE ST.&VAN ASCHE
DR./MCCLINTON)APPEAL:
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5209 FOR APPROXIMATELY 18.34
ACRES LOCATED AT THE NORTHEAST CORNER OF MCGUIRE
STREET AND VAN ASCHE DRIVE FROM R-A, RESIDENTIAL
AGRICULTURAL TO C-2, THOROUGHFARE COMMERCIAL AND
C-3, CENTRAL COMMERCIAL
Attachments: 15-5209 EX A
15-5209 EX B
15-5209 CC reports
D. City Council Agenda Session Presentations:
D. 1 2015-0519
AGENDA SESSION PRESENTATION - ECONOMIC DEVELOPMENT
QUARTERLY REPORT
E. City Council Tour:
F. Announcements:
G. Adjournment
City or Fayetteville,Arkansas Page 8 Printed on 11/25/2015
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NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and
Old Business. Please wait for the Mayor to request public comment and then
come to the podium, give your name, address, and comments about the agenda
item. Please address only the Mayor. Questions are usually answered by the
Mayor, Aldermen or Staff after the public comment period is over. Please keep
your comments brief and respectful. Each person is only allowed one turn at the
microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council
Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City
Council pertaining to City Council meetings:
Agenda additions: A new item which is requested to be added to the agenda at a
City Council meeting should only be considered if it requires immediate City
Council consideration and if the normal agenda setting process is not practical.
The City Council may only place such new item on the City Council meeting's
agenda by suspending the rules by two-thirds vote. Such agenda addition shall be
heard prior to the Consent Agenda.
Consent Agenda: Consent Agenda items shall be read by the Mayor and voted
upon as a group without discussion by the City Council. If an Alderman wishes to
comment upon or discuss a Consent Agenda item, that item shall be removed and
considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the
Mayor and, if an ordinance, read by the City Attorney. City staff shall then present
a report. An agenda applicant (city contractor, rezoning or development applicant,
etc.) may present its proposal only during this presentation period, but may be
recalled by an alderman later to answer questions. Staff and applicants may use
electronic visual aids in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the
audience on all items of old and new business and subjects of public hearings. No
electronic visual aid presentations shall be allowed, but the public may submit
photos, petitions, etc. to be distributed to the City Council. If a member of the
public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than
9:00 a.m. on the day of the City Council meeting. Any member of the public shall
first state his or her name and address, followed by a concise statement of the
person's position on the question under discussion. Repetitive comments should
be avoided; this applies to comments made previously either to the City Council or
to the Planning Commission when those Planning Commission minutes have been
provided to the Aldermen. All remarks shall be addressed to the Mayor or the City
Council as a whole and not to any particular member of the City Council. No
person other than the Aldermen and the person having the floor shall be permitted
to enter into any discussions without permission of the Mayor. No questions shall
be directed to an Alderman or city staff member except through the Mayor.
City or Fayetteville,Arkansas Page 9 Printed on 11/25/2015
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Courtesy and respect.
All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or
derogatory remarks, reflections as to integrity, abusive comments and statements
about motives or personalities. Any member of the public who violates these
standards shall be ruled out of order by the Mayor, must immediately cease
speaking and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council
meetings, a 72 hour advance notice is required. For further information or to
request an interpreter,please call 479-575-8330.
A copy of the complete City Council agenda is available at www.fayetteville-ar.gov
or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas.
City or Fayetteville,Arkansas Page 10 Printed on 11/25/2015
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City of Fayetteville, Arkansas 113 West Mountai8Saftl 1 of 356
Fayetteville,AR 72701
- - (479)575-8323
Text File
File Number: 2015-0524
Agenda Date: 12/1/2015 Version: 1 Status:Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number:A.2
BALL PLAZA HOLDINGS,LLC:
A RESOLUTION TO APPROVE A TWO YEAR SUBLEASE AGREEMENT WITH BALL PLAZA
HOLDINGS, LLC FOR TEN PARKING SPACES LOCATED IN OFF-STREET PARKING
DEVELOPMENT DISTRICT LOT 7 FOR THE PURPOSE OF CONVERTING THE SPACES FROM
METERED PARKING TO FREE TWO HOUR PUBLIC PARKING AT A MONTHLY COST OF
$35.00 PER SPACE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a two year
sublease agreement with Ball Plaza Holdings, LLC for ten parking spaces located in Off-Street Parking
Development District Lot 7 for the purpose of converting those spaces from metered parking to free two
hour public parking at a monthly cost of$35.00 per space.
City of Fayetteville,Arkansas Page 1 Printed on 1172572015
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City of Fayetteville Staff Review Form
2015-0524
Legistar File ID
12/1/2015
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Melissa Elmore 11/5/2015 Parking&Telecommunications/
Chief of Staff
Submitted By Submitted Date Division/Department
Action Recommendation:
Staff recommends approving the Sublease Agreement with Ball Plaza Holdings, LLC. The term will be for two(2)
years. The City will convert ten (10) metered parking spaces in Lot 7 to free 2 hour parking in a 4 hour time frame.
Ball Plaza Holdings, LLC will pay rent of$35.00 per space per month. Spaces will remain 'Public Parking'.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Current Budget $
Funds Obligated $
Current Balance $
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget $
V20140710
Previous Ordinance or Resolution#
Original Contract Number: Approval Date:
Comments:
December 1,2015
CITY OF Final Agenda
Page 13 of 356
11
eevie
Sy ARKANSAS
CONTRACT REVIEW MEMO
TO: Mayor Lioneld Jordan
THRU: Peter Nierengarten, Sustainability & Resilience Department Director
FROM: Melissa Elmore, Parking Management
DATE: November 5, 2015
SUBJECT: Approve Sublease Agreement with Ball Plaza Holdings, LLC
RECOMMENDATION:
Staff recommends approving the Sublease Agreement with Ball Plaza Holdings, LLC. The term
of this Sublease Agreement will be for two (2) years.
BACKGROUND:
In March of 2015, Ball Plaza Holdings, LLC, requested approval from the Off-Street Parking
Development District#1 (the "District")to convert ten(10)metered parking spaces in their Lot 7
to free 2 hour parking during any 4 hour period. In exchange for the conversion of these ten (10)
metered parking spaces, Ball Plaza Holdings, LLC agreed to pay $35.00 per space per month.
Approval was given by the District through their acceptance of the Amendment 41 to Lease
Agreement between the City of Fayetteville and the District that was executed on October 30,
2015.
The Sublease Agreement provides for the City to convert ten (10) metered parking spaces in Lot
7 (Exhibit A) to free 2 hour parking during any 4 hour period, provide parking enforcement for
those spaces and collect the monthly rental amount of$350.00 from Ball Plaza Holding,LLC. The
spaces will remain `Public' parking. At the end of the two (2) years, unless an extension is
mutually agreed upon, the spaces will revert back to paid parking.
BUDGET/STAFF IMPACT:
There is no budget impact. The annual monthly rental of$4,200.00 will become a part of the `net
operating revenues' that are paid back to the District on a quarterly basis.
Mailing Address: PARKING MANAGEMENT
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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SUBLEASE AGREEMENT
This Agreement, made and entered into this day of 2015, by and
between the City of Fayetteville, Arkansas, a Municipal Corporation, 113 W. Mountain,
Fayetteville, Arkansas, as Sublessor, and Ball Plaza Holdings, LLC, 15 South Block Ave.
Suite 201, Fayetteville, AR 72701, as Sublessee, and Witnesseth:
1. Leased Premises. For and in consideration of the rents, covenants and
agreements herein entered into and agreed upon by Ball Plaza Holdings, LLC as
obligations to the City of Fayetteville,the City of Fayetteville lets,leases and demises unto
Ball Plaza Holdings, LLC, subject to the terms and conditions contained herein, the
following described property situated in Washington, County, Arkansas:
Ten(10) parking spaces,as set forth on Exhibit"A" attached hereto,located
in the Off-Street Parking Districts Lot 7, west of the Ball Plaza Building
between Meadow, Church, and Center Streets, a/k/a/ 185 West Meadow
Street, Fayetteville, Arkansas.
The same being a portion of the lands leased to the City of Fayetteville by the Off-Street
Parking Development Distract No. 1, to have and to hold said premises unto Ball Plaza
Holdings, LLC for and during the term herein stated, subject to the covenants, terms,
conditions and liens herein contained.
2. Term. This term shall commence on November 15, 2015, and shall extend for a
term of two (2) years, ending at midnight on November 14, 2017. The term of this lease
may be terminated early or extended only upon the mutual agreement of Ball Plaza
Holdings, LLC and the City of Fayetteville.
3. Rent. Ball Plaza Holdings,LLC agrees to pay to City of Fayetteville as rental for
the term of this lease the sum of$35.00 per space per month. Each monthly payment is due
in advance and payable on or before the first of each month. A late fee shall be imposed,at
the highest rate allowable by law, on all payments which are not received by City of
Fayetteville within five (5) business days from the due date.
4. Use. Ball Plaza Holdings, LLC agrees to use the lease premises only for the
purpose of vehicle parking for use by the general public,with the understanding that,upon
execution of this agreement,the parking spaces will be converted from metered parking to
unpaid parking for up to two hours during any four hour period. The City of Fayetteville
will provide parking enforcement for this parking area.
5. Improvements. Improvements to this parking area may only be made by, or
with the approval of, the Off-Street Parking Development Distract No. 1, which is the
owner of this lot, or by its successors or assigns.
1
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6. Assignment. Ball Plaza Holdings,LLC shall not assign this sublease or sublet the
leased premises without prior written consent of the City of Fayetteville. Consent for any
assignment or subletting shall only be considered at the same rates as established in
Paragraph 3 above. Any such assignment or subletting shall in no way relieve Ball Plaza
Holdings,LLC from liability for the obligation imposed by this lease. Ball Plaza Holdings,
LLC may only be released from liability by a specific written release executed by City of
Fayetteville.
7. Holdover. Ball Plaza Holdings,LLC hereby agrees that upon termination of this
lease by expiration or by earlier termination for any reason whatsoever,the parking spaces
will be converted back to metered parking. In the event Ball Plaza Holdings,LLC shall be
permitted by City of Fayetteville to hold over after the expiration or termination of this
lease, said holding over, in the absence of any written agreement to the contrary, shall be
construed as a tenancy from calendar month to calendar month at a monthly rental equal to
the rental for the last month paid under this lease, or as may be amended on the
anniversary of the term set forth in Paragraph 2 above. A month-to-month tenancy arising
by Ball Plaza Holdings, LLC's holding over under this paragraph may be terminated by
written notice from either party to the other party on or before the day on which any
monthly rent is due with termination not becoming effective until the day on which the
next following monthly rental would have otherwise become due.
8. Termination. The City of Fayetteville hereby reserves the right to terminate this
Sublease at any time during the term of this Sublease if payment of rent in accordance with
Paragraph 3 above is not received within five (5) business days from the due date. If the
sublease is terminated, the parking spaces will be immediately re-converted to metered
parking.
9. Non-Waiver. It is agreed that the failure of City of Fayetteville to invoke any of
the available remedies under this sublease or under law in the event of one or more
breaches or defaults by Ball Plaza Holdings,LLC under the lease shall not be construed as a
waiver of such provisions and conditions and shall not prevent City of Fayetteville from
invoking such remedies in the event of any future breach or default.
10. Succession. This lease agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, successors and assigns.
11. Severability. Each paragraph of this lease agreement is severable from all other
paragraphs. In the event any court of competent jurisdiction determines that any
paragraph or subparagraph is invalid or unenforceable for any reason, all remaining
paragraphs and subparagraphs will remain in full force and effect.
12. Interpretation. This lease agreement shall be interpreted according to and
enforced under the laws of the State of Arkansas.
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13. Entire Agreement. This lease agreement contains the entire agreement of both
parties hereto, and no other oral or written agreement shall be binding on the parties
hereto. This lease agreement supersedes all prior agreements, contracts and
understandings of any kind between the parties relating to the subject matter hereof. This
agreement may be executed in all or more counterparts,each of which shall be deemed an
original,but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals on the date first written above.
CITY OF FAYETTEVILLE: BALL PLAZA HOLDINGS, LLC
By: By: /—.o/ 64e�
LIONELD JORDAN, Mayor ���
Printed Name:
ATTEST: Title:
By:
SONDRA SMITH, City Clerk
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AMENDMENT #1 TO LEASE AGREEMENT
BE IT KNOWN TO ALL:
That the City of Fayetteville, Arkansas (the "City") and the Off-Street Parking
Devopment District o of�1-he_ City of Fayetteville, Arkansas (the "District"), on this
ib 4*Jay of 7l'JTS, hereby agree that their Lease Agreement of October 29,
2009, shall be amended by extending the term of the Lease Agreement retroactively from
October 30, 2014, for a term of one (1) year from the effective date of this Amendment as set
forth above, after which it shall automatically renew for four (4) additional one (1) year terms,
unless the parties, by mutual agreement, choose to amend or terminate the Lease Agreement
prior to the expiration of the then current term.
Ten (10) metered spaces adjacent to the Ball Plaza building, as shown in the attached
Exhibit "A", will be converted by the City to allow free public parking for up to two hours
during any four hour period from 8:00 am, until 6:00 p.m. on Monday through Friday. The City
of Fayetteville is responsible for collecting payment from Ball Plaza I loldings, LLC, which has
agreed to sublease the spaces and pay $35.00 per space per month for the conversion of the
metered spaces. Meters will be reinstalled by the City and free public parking will end for these
spaces two (2) years from the effective date of sublease unless Ball Plaza Holdings, LLC and the
City of Fayetteville, by mutual agreement, choose to extend or terminate the sublease before that
time, or if payment is not received by the City of Fayetteville in accordance with the sublease.
The parties agree and understand that this Amendment is supplemental to their Lease
Agreement of October 29, 2009, and that it does not alter, amend or abridge any of the rights,
obligations, or duties of the parties not expressly addressed herein.
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by
their authorized representative effective the date set forth herein above.
Off-Street Parking Development District /—Lilneld
yetteville, Arkansas
No. I of the City of Fayetteville,Arkansas
Chairman of the Board of Improvement 4n, ayor
WITNESS: ATTEST:
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December 1,2015
Final Agenda
Page 19 of 356
Exhibit A
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December 1,2015
Final Agenda
City of Fayetteville, Arkansas 113 West MountaiPSgS411 of 356
Fayetteville,AR 72701
- - (479)575-8323
Text File
File Number: 2015-0520
Agenda Date: 12/1/2015 Version: 1 Status:Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number:A. 3
C112M HILL ENGINEERS,INC.AMENDMENT NO. 7:
A RESOLUTION TO APPROVE AMENDMENT NO. 7 TO THE AGREEMENT FOR
OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY OF
FAYETTEVILLE, ARKANSAS AND C112M HILL ENGINEERS, INC. IN THE AMOUNT OF
$7,872,234.00 FOR SERVICES IN 2016
WHEREAS,the City Administration has concluded that utility engineering services can be more
efficiently delivered by City employees and desires to remove that from the scope of services to be
performed by CH2M HILL Engineers, Inc. ("CH2M"); and
WHEREAS, an incentive provision has been included in Amendment No. 7 whereby budget savings
are distributed 87.5%to the City and 12.5%to CH2M in order to encourage cost saving operations.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville,Arkansas hereby approves Amendment No.
7 to the Agreement for Operations, Maintenance and Management Services between the City of
Fayetteville,Arkansas and CH2M Hill Engineers, Inc. in the amount of$7,872,234.00 for services in
2016.
City of Fayetteville,Arkansas Page 1 Printed on 1172572015
December 1,2015
Final Agenda
Page 22 of 356
City of Fayetteville Staff Review Form
2015-0520
Legistar File ID
12/1/2015
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Tim Nyander 11/12/2015 Wastewater Treatment Plant/
Utilities Department
Submitted By Submitted Date Division/Department
Action Recommendation:
City Administration recommends approval of Contract Amendment No. 7 with CH2M Engineers, Inc. beginning
January 1, 2016 and ending December 31, 2016.
Budget Impact:
5400.XXXX.5328.00 Water/Sewer
Account Number Fund
04048.XXX CH21VI Hill Contract Expenses Project
Project Number Project Title
Budgeted Item? Yes Current Budget $ 7,872,234.00
Funds Obligated $
Current Balance $ 7,872,234.00
Does item have a cost? Yes Item Cost $ 7,872,234.00
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget $
V20140710
Previous Ordinance or Resolution# 93-14
Original Contract Number: 2305 Approval Date:
Comments:
December 1,2015
Final Agenda
CITY OF Page 23 of 356
a e evi le CITY COUNCIL AGENDA MEMO
YARKANSAS
MEETING OF DECEMBER 1, 2015
TO: Mayor and City Council
FROM: Tim Nyander, Utilities Director 7�
DATE: November 12, 2015
SUBJECT: Approval of Contract Amendment No. 7 with CH2M HILL Engineers, Inc.
beginning January 1, 2016 and ending December 31, 2016 with an annual cost
of$7,872,234.00 for 2016.
RECOMMENDATION:
City Administration recommends approval of Contract Amendment No. 7 with CH2M HILL
Engineers, Inc. beginning January 1, 2016 and ending December 31, 2016.
BACKGROUND:
When the original Noland WWTP upgrade was completed in 1987, the City contracted with OMI
(now CH2M)for wastewater treatment services. The scope of services provided by CH2M HILL
include: (1) operate and maintain the Noland and West Side Wastewater Treatment Plants
(W WTP); (2) operate and/or maintain 43 wastewater pump station sites; (3) administer the
City's NPDES discharge, air, stormwater, and other permits; (4) manage the City's biosolids
disposal program; (5) manage the City's industrial pretreatment program; (6) support the
SCADA (supervisory control and data acquisition system) network that monitors water and
wastewater facilities; (7) pursue operation economies, efficiencies, and permit compliance; and
(8) participate in the construction and post-construction work of the Wastewater System
Improvement Project (WSIP). In late 2009, the City underwent a rigorous selection process with
three competitive proposals. The selection committee selected CH2M HILL for a five year
contract and two subsequent five year extensions subject to City review and approval.
Contract Amendment No. 6 was implemented for 2015 which updated the scope of services to
include utility engineering services, and exercised the first of two available five-year extensions
of the overall contract beginning January 1, 2015. City staff has now reached the conclusion
that engineering services can be more efficiently delivered by City employees, so this scope has
been removed from the CH2M HILL contract for 2016. To encourage cost saving operations, the
contract contains an incentive provision whereby budget savings are distributed 87.5% to the
City and 12.5% to CH2M HILL. The overall contract price has decreased from the amended
total 2015 contract price by 0.4% or$30,308, due to the reduction in overall scope. The net
increase from 2015 to 2016 for the remainder of the scope is approximately 1.8% or $140,268
with much of this increase due to an anticipated 10% increase in the cost of electricity.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
December 1,2015
Final Agenda
Page 24 of 356
DISCUSSION:
Throughout the transition period created by the unforeseen departures of the City's Utility
Engineer and Utility Director in early 2014, CH2M HILL provided stable engineering support for
the Wastewater Utility. However, now that a new Utility Director has become firmly established
and his former Operations position backfilled with an experienced and competent individual, City
Staff is confident that these services can be more efficiently delivered with in-house personnel.
This Amendment No. 7 anticipates that the CH21VI HILL scope of services will return to the level
that existed prior to the recent transitional period.
BUDGET/STAFF IMPACT:
Funds are available within the 2016 Wastewater Treatment Plant operational budget.
ATTACHMENTS:
Staff Review Form
PO Request
Signed Contract Amendment No. 7
2
City of Fayetteville
( Requisition No.: 111/2016 Final Age Date: December 1,2 15 da
Purchase Order Request (PO)
(Nat a Purchase Order) 56
P.O Number:
All PO Requests shall be scanned to the Purchasing e-mail;Purchasing@Fayetteville-ar.gov.
Purchase shall not be made until an actual PO has been issued.
Vendor Vendor Mail 7Yes r- No Legistar#:
#: 20708 Name: CH2M Engineers,Inc.
2015-0520
FOB Point: Taxable
Address: 1500 International Dr. r- Yes r7 No Expected Delivery Date:
Zip Code: Ship to code: Quotes Attached
City: Spartanburg State: SC 29303 Fay r-Yes r- No
Requester: Cheryl Partain Requesters Employee#: Extension:
2548 8224
Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project.Sub# Inventory# Fixed Asset#
2016 Contract for Management of the
1 City's Wastewater Treatment Facilities 12 EA 94,866.58 1,138,399.00 5400.5100.5328.00 48048.510
Administration&SCADA
2 Noland W WTP Operations and 12 EA 174,941.67 2,099,300.00 5400.5110.5328.00 48048.511
Management Program
3 West Side W WTP Operations and 12 EA 94,617.92 1,135,415.00 5400.5120.5328.00 48048.512
Management Program
4 W WTP Lab&Industrial Pretreatment 12 EA 42,092.58 505,111.00 5400.5130.5328.00 48048.513
5 Lift Station Utility&Maintenance 12 EA 68,130.67 817,568.00 5400.5140.5328.00 48048.514
6 Fixed Fee 12 EA 11,656.00 139,672.00 5400.5100.5328.00 48048.510
7 Biosolids Management Site Program 12 EA 128,007.42 1,536,089.00 5400.5110.5328.00 48048.515
8 Lake Sequoyah Sediment Removal 12 EA 41,706.67 500,480.00 5400.5100.5328.00 48048.516
9 $0.00
10 $0.00
Shipping/Handling Lot $0.00
Special Instructions:
THIS IS A 2016 PO REQUEST FOR THE CH2M CONTRACT/cp Subtotal: $7,872,234.00
Tax: $0.00
Total: $7,872,234.00
Approvals:
Mayor: Department Director: Purchasing Manager:
Chief Financial Officer: Budget Director: IT Director:
Dispatch Manager: Utilities Manager: Other:
Revised 6/16/2014
December 1,2015
Final Agenda
Page 26 of 356
AMENDMENT NO.7 TO AGREEMENT
For
OPERATIONS,MAINTENANCE AND MANAGEMENT SERVICES
Between
CITY OF FAYETTEVILLE,ARKANSAS
And
CH2M HILL ENGINEERS, INC.
THIS AMENDMENT NO. 7 to the Agreement for Operations, Maintenance and Management Services
between the City of Fayetteville, Arkansas, Wastewater Treatment Facilities and its pertinent systems
dated December 15, 2009 (the "Agreement"), is made effective on the V day of January, 2016, by and
between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter "City of
Fayetteville")and CH2M HILL Engineers, Inc., (hereinafter"CH2M HILL")
NOW THEREFORE,the City and CH2M HILL hereby amend the Agreement as follows:
1. Appendix A is attached for informational purposes only.
2. Appendix B is attached for informational purposes only.
3. Appendix C is hereby deleted in its entirety and replaced with the attached Appendix C.
4. Appendix D is hereby deleted in its entirety and replaced with the attached Appendix D.
5. Appendix E is hereby deleted in its entirety and replaced with the attached Appendix E.
6. Appendix F is attached for informational purposes only.
7. Appendix G is hereby deleted in its entirety and replaced with the attached Appendix G.
8. Appendix H is hereby deleted in its entirety and replaced with the attached Appendix H.
9. Appendix I is attached for informational purposes only.
10. Appendix J is hereby deleted in its entirely and replaced with the attached Appendix J.
This Amendment No. 7, together with prior Amendments and the Agreement, constitutes the entire
agreement between the Parties and supersedes all prior oral and written understandings with respect to the
subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement
shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except
in writing signed by an authorized representative of the Parties.
1 of 2
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Page 27 of 356
The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures
below.
Officer have made and executed this Agreement as of the day and year first above written.
CH2M HILL ENGINEERS, INC. CITY OF FAYETTEVILLE, ARKANSAS
By: i. c• 0,"t-- By:
Name: Scott Neelley Name: Lioneld Jordan,Mayor
Title: Senior Designated Manager Title: Mayor
Date: 16 13� , 1. Date:
ATTEST:
By:
Name: Sondra Smith
Title: City Clerk
Date:
2of2
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Final Agenda
Page 28 of 356
Appendix A
LIST OF APPENDICES
Appendix A-List of Appendices
Appendix B -Definitions
Appendix C -Scope of Services
Appendix D-Compensation for Services
Appendix E - Location of Project
Appendix F - Environmental Permits and Project Characteristics
Appendix G- Industrial Waste Discharges and Monitoring Program
Appendix H-Vehicle and Mobile Equipment Description(Rolling Stock)
Appendix I-Base Fee Adjustment
Appendix J -Lake Sequoyah Dredging Project- Scope of Work
Appendix A - 1 of 1
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Page 29 of 356
Appendix B
DEFINITIONS
B.1 "Adequate Nutrients"means plant influent nitrogen, phosphorus and iron contents proportional to
BODS in the ratio of five (5) parts nitrogen, one(1) part phosphorus, and one half(0.5) part iron
for each one hundred (100)parts BODS.
B.2 "Base Fee" means all costs within the scope of the contract, on an annual basis, including direct
costs, labor, utilities, and other allocated costs.
B.3 `Biologically Toxic Substances" means any substance or combination of substances contained in
the plant influent in sufficiently high concentrations so as to interfere with the biological
processes necessary for the removal of the organic and chemical constituents of the wastewater
required to meet the discharge requirements of City of Fayetteville's NPDES permit. Biologically
toxic substances include but are not limited to heavy metals, phenols, cyanides, pesticides, and
herbicides.
B.4 "Capital Expenditures" means any expenditures for(1) the purchase of new equipment or facility
items that cost more than Ten Thousand Dollars ($10,000); or (2) major repairs which
significantly extend equipment or facility service life and cost more than Ten Thousand Dollars
($10,000); or(3)expenditures that are planned, non-routine and budgeted by City of Fayetteville.
B.5 "Cost" means the total of all costs determined on an accrual basis in accordance with generally
accepted accounting principles including but not limited to direct labor, insurance, labor
overhead, chemicals, materials, supplies, utilities, equipment, maintenance, repair, and outside
services.
B.6 "Electrical Evaluation" will be limited to amperage draws, winding resistance measurements,
thermographic evaluations,and current and voltage imbalance.
B.7 "Fixed Asset"means any tangible property that has a value of Five Thousand Dollars ($5,000) or
more and is depreciable. This excludes the repair/replacement parts that are components of a
greater fixed asset.
B.8 "Maintenance" means the cost of those routine and/or repetitive activities required or
recommended by the equipment or facility manufacturer or CH2M HILL to maximize the service
life of the equipment,vehicles,and facilities as listed in Appendix E.
B.9 "Out of scope" services will include "capital expenditures" (definition B.4 of this Appendix),
added or modified regulatory requirements (that are not contained in the applicable permits),
changes to improve efficiency and/or generate income, or other services not described in the
contract and requested by the City of Fayetteville. These services shall be performed as stated in
Appendix C. Should "Out of Scope Services" become a permanent and ongoing requirement,
CH2M HILL will submit a change of scope request within a reasonable amount of time in
accordance with Paragraph 1.6 of the Agreement.
B.10 "Project"means all equipment, vehicles,grounds and facilities described in Appendix E and
where appropriate, the management,operations and maintenance of such.
Appendix B - 1 of 2
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Page 30 of 356
B.1 1 "Repairs"means the cost of those non-routine/non-repetitive activities required for operational
continuity, safety,and performance generally due to failure or to avert a failure of the equipment,
sewer, vehicle, or facility or some component thereof; cost less than ten thousand dollars
($10,000); and are not included in definition B.4 of this Appendix. "Repairs'exclude cost of
repair parts caused by storm damage to the supervisory control and data acquisition(SCADA)
system.
Appendix B - 2 of 2