Loading...
HomeMy WebLinkAbout2013-07-02 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting July 02, 2013 A meeting of the Fayetteville City Council will be held on July 02, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. 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: 1. Approval of the June 18, 2013 City Council meeting minutes. APPROVED 2. Bid #13-31 General Construction Solutions, Inc.: A resolution awarding Bid #13-31 and authorizing a contract with General Construction Solutions, Inc. in the amount of $71,980.00 for the construction of Improvements to Mount Sequoyah Gardens, and approving a project contingency of$7,198.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 145-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. American Society for the Prevention of Cruelty to Animals (ASPCA) Grant: A resolution authorizing acceptance of an American Society for the Prevention of Cruelty to Animals (ASPCA) Grant in the amount of$2,500.00 for the purchase of dog food for the Ranger's Pantry Pet Food Bank, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 146-13 4. Ranger's Pantry Pet Food Bank Donation Revenue: A resolution approving a budget adjustment in the total amount of$651.00 representing citizen donation revenue for the Ranger's Pantry Pet Food Bank. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 147-13 5. 2013 Curbside Value Partnership Recycling Marketing Grant: A resolution authorizing acceptance of a 2013 Curbside Value Partnership Education Recycling Marketing Grant in the amount of$10,000.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 148-13 6. 2013 Keep America Beautiful/Waste Management Grant: A resolution authorizing application for a 2013 Keep America Beautiful/Waste Management Grant in the amount of$10,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 149-13 7. Assistance to Firefighters Grant: A resolution authorizing acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount of $120,736.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 150-13 8. Meadow Street Municipal Parking Deck Revenue: A resolution approving a budget adjustment in the total amount of $8,000.00 to recognize additional revenue generated through operation of the Meadow Street Municipal Parking Deck. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 151-13 B. Unfinished Business: 1. Enact §116.02 Door to Door Solicitation at Private Residences: An ordinance to enact §116.02 Door to Door Solicitation Regulations for Private Residences into the Fayetteville Code. This ordinance was left on the Second Reading at the June 18, 2013 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5593 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. Public Hearing: 1. Highway 16 East Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Jay Stanley Baird, Robert N. and Linda J. Clay, McDonald, LLC, and Turn-Key Homes of Northwest Arkansas, LLC, needed for water and sewer improvements along State Highway 16 near the West Fork of the White River Bridge. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 152-13 D. New Business: 1. Bid #13-33 ARCO Excavation and Paving, Inc.: A resolution awarding Bid #13-33 and authorizing a contract with ARCO Excavation and Paving, Inc. in the amount of $434,945.00 for the demolition of the foundation and concrete slab at the former Tyson Building on Huntsville Road, approving a project contingency of $43,000.00, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 153-13 2. RZN 13-4384 (1315 N. Rupple Rd./Leisure Homes): An ordinance rezoning the property described in rezoning petition RZN 13-4384, for approximately 6.89 acres, located at 1315 North Rupple Road from RSF-7, Residential Single-Family, 7 units per acre, to RSF-8, Residential Single-Family, 8 units per acre and RMF-12, Residential Multi-Family, 12 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5594 3. VAC 13-4385 (867 N. College Ave./Pine Tree/Beacon Flats: An ordinance approving VAC 13-4385 submitted by Civil Design Engineering for property located at 867 North College Avenue to vacate two utility easements, a total of 2,489 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5595 4. Amend §97.070 Recreational Activities: An ordinance to amend §97.070 Recreational Activities at Lakes Fayetteville, Sequoyah and Wilson of the Fayetteville Code to allow extended hours, reduced fees for Veterans and other changes. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5596 5. U of A West Lease Agreement: A resolution approving a lease agreement with the University of Arkansas for City operation of the University's West Annex parking lot as a revenue producing off-street parking lot upon adoption and inclusion of the lot within the Dickson Street Entertainment District. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 154-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 6. Amend §72.58 Off-Street Parking Facilities; Rules and Rates: An ordinance to amend §72.58 Off-Street Parking Facilities; Rules and Rates (H) City parking lots and paid on-street parking spaces within the Entertainment District Parking Zone of the Fayetteville code to add the West Annex Parking Lot 53 located at 346 West Avenue leased from the University of Arkansas and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5597 7. Amend Chapter 72: An ordinance to amend several sections of Chapter 72 Parking Regulations of the Code of Fayetteville to clarify parking districts, enforcement times and fines. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5598 E. City Council Agenda Session Presentations: F. City Council Tour: G. Announcements: Adjournment: 7:10 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 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. 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 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: July 2,2013 Adjourn: '74'10 O, rK Subject: Roll Adams V--*, n , ^ Long Grayi Marsh Kinion ✓ Petty ✓ Tennant e/ Schoppmeyer ✓ Mayor Jordan / Subject: Motion To: Motion By: Seconded: Adams Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: July 2, 2013 Subject: Consent Motion To: Motion By: Seconded: Adams /Wn,o,& Long ✓ QJ[� Gray 7'Y ' Marsh ✓ Kinion ✓ Petty, ✓ lqs 13' �y1"13 Tennant +/ Schoppmeyer Mayor Jordan 7"D Subject: Motion To: Motion By: Seconded: Adams Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: July 2,2013 Subject: Enact §116.02 Door to Door Solicitation at Private Residences Motion To: 3AI av,"4v 04u— j �,U"°" Motion By: Seconded: B. 1 Adams ✓ v, Unfinished Long / ✓ Business Gray Marsh Kinion ✓P ✓ , Petty ✓ ✓ �/ Tennant ✓ ✓ v Schoppmeyer SUVI Mayor Jordan Subject: Motion To: Motion By: Seconded: Adams Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: July 2,2013 Subject: Highway 16 East Condemnation Motion To: rm rre- Motion By: Seconded: C. 1 Adams f Public Long ✓ Hearing Gray Marsh Kinion Petty ✓ Tennant ✓ Schoppmeyer [5a I Mayor Jordan 7-0 Subject: Motion To: Motion By: Seconded: Adams Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan City Council Meeting: July 2,2013 Subject: Bid#13-33 ARCO Excavation and avin ,Inc. Motion To: Motion By: K/ /oil Seconded: D. 1 Adams New Long Business Gray Q 6S Marsh j Kinion Petty Tennant Schoppmeyer 53 I Mayor Jordan 7-0 Subject: RZN 13-4384 (1315 N. Rupple Rd./Leisure Homes) Motion To: and haj 3�. / Motion By: a� �A✓v 6 L� Seconded: rt D.2 Adams New Long Business Gray ok 44 d,,L Marsh �/ ✓ Kinion Petty ✓" e® 9/ Tennant Vol, Schoppmeyer CJ Mayor Jordan �-U -r 1-0 City Council Meeting: July 2,2013 Subject: VAC 13-4385 (867 N. College Ave./Pine Tree/Beacon Flats Motion To: Arid 3 Y- Motion By: Seconded: D.3 Adams New Long ✓ �/ v/ Business Gray 5 Marsh ,/ ✓ f/ Kinion !y►.� ,� Petty ✓ ,.i ✓ Tennant ✓ ✓ `r Schoppmeyer Mayor Jordan 7-0 Subject: Amend §97.070 Recreational Activities Motion To: Motion By: Seconded: D. 4 Adams ✓ ✓ New Long Business Gray "SBw Marsh i/ / ✓ �.s• Kinion ✓ ✓ .O Petty Tennant ✓ of m✓ n Schoppmeyer 55g1� Mayor Jordan City Council Meeting: July 2,2013 Subject: U of A West Lease Agreement Motion To: Motion By: Seconded: D. 5 Adams New Long Business Gray Q,y%& Marsh Kinion Petty Tennant ✓ Schoppmeyer 13 Mayor Jordan 7-0 Subject: Amend 72.58 Off-Street Parking Facilities; Rules and Rates Motion To: A pr 4 p Motion By: nawt Seconded: d D. 6 Adams �/ ,/ ✓ New Long ✓ ✓ ✓ Business Gray Marsh f ✓ ✓ Kinion �/ ✓ ✓ Petty ✓ r� ✓ Tennant v ✓ ✓ Schoppmeyer CjSq Mayor Jordan -0 7-0 79 City Council Meeting: July 2,2013 Subject: Amend Chapter 72 Motion To: 11anv RIAJ Motion By: zY Seconded: /fin noid, D. 7 Adams New Long ✓ '� Business Gray tSAanfr Marsh ,/ r/ Kinion ✓ ✓ ✓ Petty ✓ d' ,/ Tennant ✓ ✓ '� Schoppmeyer 55RMayor Jordan Subject: Motion To: Motion By: Seconded: Adams Long Gray Marsh Kinion Petty Tennant Schoppmeyer Mayor Jordan Ta • ye e Ile Departmental Correspondence ARKANSAS LEGAL www.accessfayetteville.org DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attome DATE: July 3,2013 __�4 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of July 2,2013 1. Bid #13-31 General Construction Solutions, Inc.: A resolution awarding Bid #13-3 land authorizing a contract with General Construction Solutions, Inc. in the amount of $71,980.00 for the construction of Improvements to Mount Sequoyah Gardens, and approving a project contingency of$7,198.00. 2. American Society for the Prevention of Cruelty to Animals (ASPCA) Grant: A resolution authorizing acceptance of an American Society for the Prevention of Cruelty to Animals (ASPCA) Grant in the amount of$2,500.00 for the purchase of dog food for the Ranger's Pantry Pet Food Bank, and approving a budget adjustment. 3. Ranger's Pantry Pet Food Bank Donation Revenue: A resolution approving a budget adjustment in the total amount of$651.00 representing citizen donation revenue for the Ranger's Pantry Pet Food Bank. 4. 2013 Curbside Value Partnership Recycling Marketing Grant: A resolution authorizing acceptance of a 2013 Curbside Value Partnership Education Recycling Marketing Grant in the amount of$10,000.00, and approving a budget adjustment. 5. 2013 Keep America Beautiful/Waste Management Grant: A resolution authorizing application for a 2013 Keep America Beautiful/Waste Management Grant in the amount of$10,000.00. 6. Assistance to Firefighters Grant: A resolution authorizing acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount of$120,736.00, and approving a budget adjustment. 7. Meadow Street Municipal Parking Deck Revenue: A resolution approving a budget adjustment in the total amount of $8,000.00 to recognize additional revenue generated through operation of the Meadow Street Municipal Parking Deck. 8. Highway 16 East Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Jay Stanley Baird, Robert N. and Linda J. Clay, and McDonald, LLC, needed for water and sewer improvements along State Highway 16 near the West Fork of the White River Bridge. 9. Bid #13-33 ARCO Excavation and Paving, Inc.: A resolution awarding Bid #13-33 and authorizing a contract with ARCO Excavation and Paving, Inc. in the amount of $434,945.00 for the demolition of the foundation and concrete slab at the former Tyson Building on Huntsville Road, approving a project contingency of$43,000.00, and approving a budget adjustment. 10. Amend §97.070 Recreational Activities: An ordinance to amend §97.070 Recreational Activities at Lakes Fayetteville, Sequoyah and Wilson of the Fayetteville Code to allow extended hours,reduced fees for Veterans and other changes. 11. U of A West Lease Agreement: A resolution approving a lease agreement with the University of Arkansas for City operation of the University's West Annex parking lot as a revenue producing off-street parking lot upon adoption and inclusion of the lot within the Dickson Street Entertainment District. 12. Amend §72.58 Off-Street Parking Facilities; Rules and Rates: An ordinance to amend §72.58 Off-Street Parking Facilities; Rules and Rates (H) City parking lots and paid on-street parking spaces within the Entertainment District Parking Zone of the Fayetteville code to add the West Annex Parking Lot 53 located at 346 West Avenue leased from the University of Arkansas and to approve a budget adjustment. 13. Amend Chapter 72: An ordinance to amend several sections of Chapter 72 Parking Regulations of the Code of Fayetteville to clarify parking districts, enforcement rimes and fines. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye eelle Ward 1 Position —Sarah Marsh City Attorney Attorney Kit Williams Ward 2 Position —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting July 02, 2013 A meeting of the Fayetteville City Council will be held on July 02, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. 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: 1. Approval of the June 18, 2013 City Council meeting minutes. 2. Bid #13-31 General Construction Solutions, Inc.: A resolution awarding Bid #13-31 and authorizing a contract with General Construction Solutions, Inc. in the amount of $71,980.00 for the construction of Improvements to Mount Sequoyah Gardens, and approving a project contingency of$7,198.00. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. American Society for the Prevention of Cruelty to Animals (ASPCA) Grant: A resolution authorizing acceptance of an American Society for the Prevention of Cruelty to Animals (ASPCA) Grant in the amount of$2,500.00 for the purchase of dog food for the Ranger's Pantry Pet Food Bank, and approving a budget adjustment. 4. Ranger's Pantry Pet Food Bank Donation Revenue: A resolution approving a budget adjustment in the total amount of$651.00 representing citizen donation revenue for the Ranger's Pantry Pet Food Bank. 5. 2013 Curbside Value Partnership Recycling Marketing Grant: A resolution authorizing acceptance of a 2013 Curbside Value Partnership Education Recycling Marketing Grant in the amount of$10,000.00, and approving a budget adjustment. 6. 2013 Keep America Beautiful/Waste Management Grant: A resolution authorizing application for a 2013 Keep America Beautiful/Waste Management Grant in the amount of$10,000.00. 7. Assistance to Firefighters Grant: A resolution authorizing acceptance of an Assistance to Firefighters Grant from the Federal Emergency Management Agency in the amount of $120,736.00, and approving a budget adjustment. 8. Meadow Street Municipal Parking Deck Revenue: A resolution approving a budget adjustment in the total amount of $8,000.00 to recognize additional revenue generated through operation of the Meadow Street Municipal Parking Deck. B. Unfinished Business: 1. Enact§116.02 Door to Door Solicitation at Private Residences: An ordinance to enact §116.02 Door to Door Solicitation Regulations for Private Residences into the Fayetteville Code. This ordinance was left on the Second Reading at the June 18, 2013 City Council meeting. Left on the Second Reading C. Public Hearing: 1. Highway 16 East Condemnation: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Jay Stanley Baird, Robert N. and Linda J. Clay, McDonald, LLC, and Turn-Key Homes of Northwest Arkansas, LLC, needed for water and sewer improvements along State Highway 16 near the West Fork of the White River Bridge. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 D. New Business: 1. Bid #13-33 ARCO Excavation and Paving, Inc.: A resolution awarding Bid #13-33 and authorizing a contract with ARCO Excavation and Paving, Inc. in the amount of $434,945.00 for the demolition of the foundation and concrete slab at the former Tyson Building on Huntsville Road, approving a project contingency of $43,000.00, and approving a budget adjustment. 2. RZN 13-4384 (1315 N. Rupple Rd./Leisure Homes): An ordinance rezoning the property described in rezoning petition RZN 13-4384, for approximately 6.89 acres, located at 1315 North Rupple Road from RSF-7, Residential Single-Family, 7 units per acre, to RSF-8, Residential Single-Family, 8 units per acre and RMF-12, Residential Multi-Family, 12 units per acre. 3. VAC 13-4385 (867 N. College Ave./Pine Tree/Beacon Flats: An ordinance approving VAC 13-4385 submitted by Civil Design Engineering for property located at 867 North College Avenue to vacate two utility easements, a total of 2,489 square feet. 4. Amend §97.070 Recreational Activities: An ordinance to amend §97.070 Recreational Activities at Lakes Fayetteville, Sequoyah and Wilson of the Fayetteville Code to allow extended hours, reduced fees for Veterans and other changes. 5. U of A West Lease Agreement: A resolution approving a lease agreement with the University of Arkansas for City operation of the University's West Annex parking lot as a revenue producing off-street parking lot upon adoption and inclusion of the lot within the Dickson Street Entertainment District. 6. Amend §72.58 Off-Street Parking Facilities; Rules and Rates: An ordinance to amend §72.58 Off-Street Parking Facilities; Rules and Rates (H) City parking lots and paid on-street parking spaces within the Entertainment District Parking Zone of the Fayetteville code to add the West Annex Parking Lot 53 located at 346 West Avenue leased from the University of Arkansas and to approve a budget adjustment. 7. Amend Chapter 72: An ordinance to amend several sections of Chapter 72 Parking Regulations of the Code of Fayetteville to clarify parking districts, enforcement times and fines. E. City Council Agenda Session Presentations: F. City Council Tour: G. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 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. 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 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A.2 Bid#13-31 General Construction Solutions, Inc. Page 1 of 12 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2013 by and between the City of Fayetteville, Arkansas (hereinafter called CITY OF FAYETTEVILLE) and General Construction Solutions. Inc. (herein after called CONTRACTOR). CITY OF FAYETTEVILLE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of the replacement of an existing asphalt roadway/access drive, the installation of a pre-engineered arbor structure (provided by others), and the construction of a concrete and native stone slab, an 18-inch native stone seat wall, a colored concrete apron, ADA accessible parking, connecting sidewalks, tree planting and associated site work at Mf. Sequoyah Gardens and all items indicated in the Drawings and Specifications. Article 2. PROJECT MANAGER. The Project has been designed by City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 will be hereinafter called PARKS AND RECREATION DEPARTMENT PROJECT MANAGER and who is to act as CITY OF FAYETTEVILLE's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work for Construction of Mt. Sequoyah Gardens Improvements shall be substantially completed within 90 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.6 & C of the General Conditions within 120 consecutive calendar days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. CITY OF FAYETTEVILLE and CONTRACTOR recognize that time is of the essence of the Agreement and that CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and City of Fayetteville Bid 13-31, Construction -Mt. Sequoyah Gardens Improvements Page 1 of 8 July 2, 2013 A.2 Bid#13-31 General Construction Solutions, Inc. Page 2 of 12 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by CITY OF FAYETTEVILLE, CONTRACTOR shall pay CITY OF FAYETTEVILLE Two hundred and fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY OF FAYETTEVILLE shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. For all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. City of Fayetteville Bid 13-31, Construction -Mt. Sequoyah Gardens Improvements Page 2 of 8 July 2,2013 A.2 Bid#13-31 General Construction Solutions, Inc. Page 3 of 12 PAYMENT ITEMS Genual Construction Solutions,Inca ITEM It DESCRIPTION UNIT EST.OTY, UNITPRICE TOTAL 1 Mobilization not to exceed 5%of prolect bid L.S. 1 $3,000. $3,000.00 2 goods and insurance L.S. 1 $3,0M $3,000. Demolition,removal and disposal of approx.550 CF of existing asphalt driveway and approx. 3 1,915 CF of xi base L.S. 1 $5.460.00 S5,460.00 Site preparation-including this,protection fencing,has planking,straw,wattle,straw bales and 4 concrete washout LS. 1 sai $5.850.001 5 1-114-inch Sch.40 electrical conduit for future li htin -compete in olace L.F. 185 $11.14 $2060.00 e Unoassifiedaxravadan C.V. W $16.25 $975.00 7 Im ftd hillside C.V. 70 $26.93 $1,885,00 8 Class 7 base TON 185 $39.00 $7215.00 9 Fivefoot wide fiber reinforced concrete sidewalk flinch thickness S.Y. 60 $57.67 S3.46000 10 1 Concrete aroor slab 5-inch thickness S.Y. 25 $137.40 $3435.00 11 Native Bastone for arbor slab S.F. 215 $9.74 $209500 12 Native stone will l&inchx t&inch LF. 32 $187.19 $5990.00 13 colored concretes con S.Y. 20 $142.75 $2855.00 14 Installation of pres,encinecabol prior(provided by others -com lets in ofiew or details L.S. 1 $5,160.00 $5,150.0 15 1&inch consists flush cam winch thickness S.Y. 75 $50A01 $3.780.00 18 &inch concrete residential driveway approach-comete in place per details S.F. 370 $5.03 1860.00 17 3 nch asphalt S.Y. 320 $16.88 S5,400.00 16 &inch concrete apron at narlh end of drive-com late In place per details S.F, 160 $3.28 $52500 19 &inch stanGmtl concrete curb and putter LF, 105 $12.33 $1 295.00 20 Partin .1i and ADA symbol L.S. 1 $300.00 $300.00 21 &c le rack-com Tete in place pardetails P?., 1 $975.00 $975.00 22 Trees-complete in place per details including water FA. 6 $375.00 $2250.00 23 Site restoration-inclutlin 4-inch depth topsail.wlldfbwer seetl straw and water S.F. 1225 WAS $1165.00 24 Site restoration-inclutlin 441 depth topsoil,buffalo crass seatl strew and water S.F, 1035 $1.92 $1990.00 TOTAL BID AMOUNT $71,980.00 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.13 of the General Conditions. City of Fayetteville Bid 13-31, Construction -Mt. Sequoyah Gardens Improvements Page 3 of 8 July 2, 2013 A.2 Bid#13-31 General Construction Solutions, Inc. Page 4 of 12 Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in the General Conditions. 5.1. Progress Payments. CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC-14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.6.5 & 14.02.D of the General Conditions. 95 percent of Work completed (with the balance of 5 percent being retainage), If Work has been 50 percent completed as determined by the PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, CITY OF FAYETTEVILLE, on recommendation of PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to CITY OF FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.1) of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PARKS AND RECREATION DEPARTMENT PROJECT MANAGER shall determine, or CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.13.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.6 & C of the General Conditions, CITY OF FAYETTEVILLE shall pay City of Fayetteville Bid 13-31, Construction -Mt. Sequoyah Gardens Improvements Page 4 of 8 July 2, 2013 A.2 Bid#13-31 General Construction Solutions, Inc. Page 5 of 12 the remainder of the Contract Price as recommended by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER as provided in said paragraphs 14.07.6 & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce CITY OF FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following representations: 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the City of Fayetteville Bid 13-31, Construction -Mt. Sequoyah Gardens Improvements Page 5 of 8 July 2, 2013 A.2 Bid#13-31 General Construction Solutions, Inc. Page 6 of 12 Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given PARKS AND RECREATION DEPARTMENT PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY OF FAYETTEVILLE and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement(pages 1 to 8, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.7. Specifications consisting of Divisions 1 through 32 as listed in table of contents thereof. 7.8. Addenda numbers 1 to 2, inclusive. 7.9. One set of drawings (not attached hereto) consisting of: a cover sheet and additional sheets numbered two through twelve with each sheet bearing the following general title: Construction - Mt. Sequoyah Gardens Improvements. 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1. Notice to Proceed 7.10.2 All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 at seq. above are attached to this Agreement (except as expressly noted otherwise above). City of Fayetteville Bid 13-31, Construction -Mt. Sequoyah Gardens Improvements Page 6 of 8 July 2, 2013 A.2 Bid#13-31 General Construction Solutions, Inc. Page 7 of 12 There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. CITY OF FAYETTEVILLE and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City contract and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, CONTRACTOR 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. 8.7. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project. Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non- payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. City of Fayetteville Bid 13-31, Construction - Mt. Sequoyah Gardens Improvements Page 7 of 8 July 2, 2013 A.2 Bid#13-31 General Construction Solutions, Inc. Page 8 of 12 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to CITY OF FAYETTEVILLE and PARKS AND RECREATION DEPARTMENT PROJECT MANAGER, and one counterpart has been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by CITY OF FAYETTEVILLE and CONTRACTOR or identified by PARKS AND RECREATION DEPARTMENT PROJECT MANAGER on their behalf. This Agreement will be effective on 2013 (which is the Effective Date of The Agreement). CITY OF FAYETTEVILLE: CONTRACTOR By: By: Mayor [CORPORATE SEAL] [CORPORATE SEAL] Attest Attest If a Corporation, attest by the Secretary. Address forgiving notices Address forgiving notices (If CONTRACTOR is a corporation, attach evidence of authority to sign.) City of Fayetteville Bid 13-31, Construction-Mt. Sequoyah Gardens Improvements Page 8 of 8 July 2, 2013 SOS Online Filing System - Articles of Incorporation Page Ad�tt _ 1 Genera Construction Solutions, Inc. Page 9 of 12 The undersigned acting as incorporators of a corporation under the ARKANSAS BUSINESS CORPORATION ACT (ACT 958 OF 1987), adopt the following Articles of Incorporation of such Corporation: First: The name of the Corporation is: GENERAL CONSTRUCTION SOLUTIONS, INC. Must contain the words "Corporation", Incorporated", "Company", "Limited", or the abbreviation "Corp.", "Inc.", "Co.," or "Ltd." or words or abbreviations of like import in another language. Second: The number of shares which the Corporation shall have the authority to issue is: 100 share(s). The par value of each share is 1 The designation of each class, the number of shares of each class, or a statement that the shares of any class are without par value are as follows: No. of Series Par Value Per Share Or Statement Shares Class (if any) That Shares Are Without Par Value 100 A $1.00 Third: The street address of the initial registered office of this Corporation shall be located at: Street Address 1695 ELECTRIC AVE. City: SPRINGDALE State: AR ZIP: 72764- and the name of the initial registered agent of this Corporation at that address is: WES TAYLOR Fourth: The name and address of each Incorporator is as follows: mhtml:file://\\sbserver\Company\Asset Management\Entity Corporate Docu... 9/1/2011 SOS Online Filing System -Articles of Incorporation Page Wd f3;1 Genera Construction Solutions, Inc. Page 10 of 12 Name 1 WES TAYLOR Address 1 1695 ELECTRIC AVE., SPRINGDALE, AR 72764 Name 2 DAVID FISHER Address 2 PO BOX 570 BENTONVILLE, AR 72712 Name 3 Address 3 Fifth: The nature of the business of the Corporation and the object or purposes proposed to be transacted, promoted or carried on by it, are as follows: (a) The primary purpose of the Corporation shall be: CONSTRUCTION. (b) To conduct any business enterprise not contrary to law. (¢) To exercise all of the powers enumerated in Section 4-27-302 of the Arkansas Business Corporation Act. Sixth: Executed this 25th day of January, 2010 Signature: DAVID FISHER Title: INCORPORATOR (Pres.,other officer,Chairman of the Board or by Incorporator pending elections of corporate officers) mhtml:file://\\sbserver\Company\Asset Management\Entity Corporate Docu... 9/1/2011 A.2 Bid#13-31 General Construction Solutions, Inc. Page 11 of 12 Corporate Name: GENERAL CONSTRUCTION SOLUTIONS, INC. Contact Person: WES TAYLOR Street Address or P.O. Box Number 1695 ELECTRIC AVE City: SPRINGDALE State: AR ZIP: 72764- Telephone Number: 479-530-3577 E-mail Address: WTAYLOR@BASICCONSTRUCTION.US DAVID FISHER Signature of Incorporator,Officer or Agent for the Corporation