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HomeMy WebLinkAbout2013-07-16 - 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 16, 2013 A meeting of the Fayetteville City Council will be held on July 16, 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: 1. 2012 Audit Report—Paul Becker, Finance and Internal Services Director Agenda Additions: 1. Arkansas Highway Commission — Highway 265 Improvement Project: A resolution to thank the Arkansas Highway Commission for the Highway 265 Improvements Project and to request that full precautions for watershed protection are taken adjoining Lake Fayetteville Park. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 155-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A. Consent: 1. Approval of the July 02, 2013 City Council meeting minutes. APPROVED 2. H & H Directional Boring, Inc.: A resolution awarding Bid #13-35 and approving a construction contract with H & H Directional Boring, Inc. in the amount of$217,000.00 for bores across the White River to repair water main damage, approving a $20,000.00 contingency and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 156-13 3. Bid #13-29 Donelson Construction, Co.: A resolution to award Bid #13-29 and approve the contract with Donelson Construction Company, LLC in the amount of $195,050.00 plus a contingency of$19,505.00 for Asphalt Micro-surfacing of city streets. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 157-13 4. Garver, LLC Amendment Number 2: A resolution to approve Amendment Number 2 to the contract with Garver, LLC for construction phase services for the Frisco Trail extension project in the additional amount of$109,100.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 158-13 5. Internet Crimes Against Children Task Force Grant: A resolution authorizing acceptance of the second continuation subgrant of the non-matching 2010 Internet Crimes Against Children Task Force Grant in the amount of$11,824.19, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 159-13 6. 2012-2013 Edward Byrne Memorial Justice Assistance Grant: A resolution authorizing acceptance of a continuation of the 2012-2013 Edward Byrne Memorial Justice Assistance Grant for funding of the Fourth Judicial District Drug Task Force for the 2013-2014 grant period in the total amount of$197,333.59. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 160-13 7. George Nunnally Chevrolet of Bentonville: A resolution approving the purchase of seven (7) Chevrolet Tahoes from George Nunnally Chevrolet of Bentonville, pursuant to a state procurement contract, in the total amount of$175,651.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 161-13 8. Center Point Contractors, Inc. Change Order No. 1: A resolution approving Change Order No. 1 to the contract with Center Point Contractors, Inc. to remove construction of a fire suppression system resulting in a $33,000.00 cost reduction to the City for the project and approving cancellation of a $33,000.00 promissory note from NFlight Technology, Inc. issued to secure its payment obligation for construction of the system, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 162-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B. Unfinished Business: None C. New Business: 1. Bid #13-34 Boulder Construction, Inc.: A resolution to award Bid #13-34 and approve a construction contract with Boulder Construction, Inc. in the amount of$1,415,423.95 plus a project contingency of$70,771.20 for the construction of the Frisco Trail extension and to approve a budget adjustment in the amount of$1,248,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 163-13 2. VAC 13-4402 (2111 Martin Luther Mug Boulevard/Panda Express): An ordinance approving VAC 13-4402 submitted by Lore] Hoffman for property located at 2111 Martin Luther King Boulevard to vacate a portion of a water and sewer easement, a total of 0.01 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5599 3. VAC 13-4421 (100 W. Dickson Street/Collier's Drug Store): An ordinance approving VAC 13-4421 submitted by Karen King for property located at 100 West Dickson Street to vacate a 15-foot wide alley located on the northern portion of the Collier's Drug Store site. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5600 4. ADM 13-4420 (Oakbrooke PZD Phase 1): An ordinance amending a Residential Planned Zoning District entitled R-PZD 05-1463 Oakbrooke Phase 1, to revise the concept plan and allow the construction of an alley to serve Lots 1-17. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5601 5. ADM 13-4397 (Oakbrooke PZD Phase HI): An ordinance amending a Residential Planned Zoning District entitled R-PZD 09-4397 Oakbrooke Phase III, to revise the concept plan and zoning criteria, reducing the number of dwelling units in Planning Area I from 28 to 24 and in Planning Area III from 76 to 58, and adjusting alley ways. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5602 6. National Revenue-Neutral Carbon Fee and Dividend Support: A resolution to support a National Revenue-Neutral Carbon Fee and Dividend in order to help slow climate change. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 164-13 D. City Council Agenda Session Presentations: E. City Council Tour: Tri Cycle Farms—July 22, 2013 —5:30 p.m. The Council will meet at Tri Cycle Farms to begin the tour. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 F. Announcements: Adjournment: 7:15 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 16,2013 Adjourn: 71`15 P^, Subject: Roll Long Gray r/ Q(dtA�,,,. Marsh adm ' Kinion W°& Petty r Tennant Schoppmeyer Adams Mayor Jordanj Subject: d✓ /QRCcu( �f�r� /r✓C c`� ��wfeA an 4� 014/s Motion To: add k 91 Motion By: Seconded: Long Gray � /v Marsh Kinion Petty ✓' �/ Tennant Schoppmeyer �/ N Adams Mayor Jordan l .0 5 v� City Council Meeting: July 16, 2013 Subject: Consent Motion To: Motion By: Seconded: AftG Long / in,uto Gray ✓ a PF�OeJ Marsh ✓ Kinion paa,aj Petty ✓ Tennant ✓ I?j Schoppmeyer Adams Mayor Jordan Subject: Motion To: Motion By: Seconded: Long Gray Marsh Kinion Petty Tennant Schoppmeyer Adams Mayor Jordan City Council Meeting: July 16,2013 Subject: Bid #13-34 Boulder Construction, Inc. Motion To: Motion By: Seconded: C. 1 Long ✓ New Gray Business Marsh Kinion P aAAo Petty /~ Tennant Schoppmeyer Adams G�SZ+� C-)s&d- n I Mayor Jordan �k' -7-o Subject: VAC 13-4402 (2111 Martin Luther King Boulevard/Panda Express) Motion To: and 3rd &Ae Motion By: rta.. Seconded: n C. 2 Long ✓ ✓ New Gray / Business Marsh ✓ ,/ ✓ Kinion ✓ / ✓ Petty ✓ ✓ ✓ PTennant ./ ✓� Schoppmeyer Adams 6�qoj Mayor Jordan City Council Meeting: July 16, 2013 Subject: VAC 13-4421 (100 W. Dickson Street/Collier's Drug Store) Motion To: P Motion By: e n O Seconded: n C. 3 Long ✓ ✓ f New Gray ✓ ✓ U MarshKinionPetty dTennantSchoppmeyerAdamsMayor Jordan Subject: ADM 13-4420 (Oakbrooke PZD Phase 1) Motion To: r Motion By: Seconded:, C. 4 Long f f ✓ New Gray I,-,- Business /Business Marsh Kinion ✓ W1, ✓ Petty ✓ ✓ ,✓ Tennant Schoppmeyer Adams +�i t�SyvS�„f O I Mayor Jordan City Council Meeting: July 16,2013 Subject: ADM 13-4397 (Oakbrooke PZD Phase I1I) Motion To: RMI 3rd Pfaff Motion By: Seconded: C. 5 Long New Gray ✓ ✓ Business Marsh �✓ ✓ ✓ Kinion Petty Tennant ,/ `� ✓� Schoppmeyer '� ✓ Adams f 5l�b Mayor Jordan '-0 Subject: National Revenue-Neutral Carbon Fee and Dividend Support Motion To: ro Motion By: 24 Seconded: C. 6 Long New Gray f Business Marsh Kinion e✓ Petty Tennant Schoppmeyer Adams i — I Mayor Jordan • aye evl a Departmental Correspondence ARKANSASLEGAL etteville. • • DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Kit Williams, City Attorney --� DATE: July 17,2013 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of July 16, 2013 1. Bid #13-35 H & H Directional Boring, Inc.: A resolution to award Bid #13-35 and approve a construction contract with H&H Directional Boring, Inc. in the amount of $217,000.00 for bores across the White River to repair water main damage, plus a $20,000.00 contingency and the attached budget adjustment. 2. Bid #13-29 Donelson Construction, Co.: A resolution to award Bid #13-29 and approve the contract with Donelson Construction Company, LLC in the amount of $195,050.00 plus a contingency of$19,505.00 for Asphalt Micro-surfacing of city streets. 3. Garver, LLC Amendment Number 2: A resolution to approve Amendment Number 2 to the contract with Garver, LLC for construction phase services for the Frisco Trail extension project in the additional amount of$109,100.00. 4. Internet Crimes Against Children Task Force Grant: A resolution authorizing acceptance of the second continuation subgrant of the non-matching 2010 Internet Crimes Against Children Task Force Grant in the amount of$11,824.19, and approving a budget adjustment. 5. 2012-2013 Edward Byrne Memorial Justice Assistance Grant: A resolution authorizing acceptance of a continuation of the 2012-2013 Edward Byrne Memorial Justice Assistance Grant for funding of the Fourth Judicial District Drug Task Force for the 2013-2014 grant period in the total amount of$197,333.59. 6. George Nunnally Chevrolet of Bentonville: A resolution approving the purchase of seven (7) Chevrolet Tahoes from George Nunnally Chevrolet of Bentonville, pursuant to a state procurement contract, in the total amount of$175,651.00. 7. Center Point Contractors, Inc. Change Order No. 1: A resolution approving Change Order No. 1 to the contract with Center Point Contractors, Inc. to remove construction of a fire suppression system resulting in a $33,000.00 cost reduction to the City for the project and approving cancellation of a $33,000.00 promissory note from Might Technology, Inc. issued to secure its payment obligation for construction of the system,and approving a budget adjustment. 8. Bid #13-34 Boulder Construction, Inc.: A resolution to award Bid #13-34 and approve a construction contract with Boulder Construction, Inc. in the amount of $1,415,423.95 plus a project contingency of$70,771.20 for the construction of the Frisco Trail extension and to approve a budget adjustment in the amount of$1,248,000.00. 9. National Revenue-Neutral Carbon Fee and Dividend Support: A resolution to support a National Revenue-Neutral Carbon Fee and Dividend in order to help slow climate change. 10. Arkansas Highway Commission Highway 265 Improvement Project: A resolution to thank the Arkansas Highway Commission for the Highway 265 improvement project and to request that full precautions for watershed protection are taken adjoining Lake Fayetteville park. 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 16, 2013 A meeting of the Fayetteville City Council will be held on July 16, 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: 1. 2012 Audit Report—Paul Becker, Finance and Internal Services Director Agenda Additions: A. Consent: 1. Approval of the July 02, 2013 City Council meeting minutes. 2. H & H Directional Boring, Inc.: A resolution to approve a construction contract with H & H Directional Boring, Inc. in the amount of $217,000.00 for bores across the White River to repair water main damage, plus a $20,000.00 contingency and the attached budget adjustment. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #13-29 Donelson Construction, Co.: A resolution to award Bid #13-29 and approve the contract with Donelson Construction Company, LLC in the amount of $195,050.00 plus a contingency of$19,505.00 for Asphalt Micro-surfacing of city streets. 4. Garver, LLC Amendment Number 2: A resolution to approve Amendment Number 2 to the contract with Garver, LLC for construction phase services for the Frisco Trail extension project in the additional amount of$109,100.00. 5. Internet Crimes Against Children Task Force Grant: A resolution authorizing acceptance of the second continuation subgrant of the non-matching 2010 Internet Crimes Against Children Task Force Grant in the amount of$11,824.19, and approving a budget adjustment. 6. 2012-2013 Edward Byrne Memorial Justice Assistance Grant: A resolution authorizing acceptance of a continuation of the 2012-2013 Edward Byrne Memorial Justice Assistance Grant for funding of the Fourth Judicial District Drug Task Force for the 2013-2014 grant period in the total amount of$197,333.59. 7. George Nunnally Chevrolet of Bentonville: A resolution approving the purchase of seven (7) Chevrolet Tahoes from George Nunnally Chevrolet of Bentonville, pursuant to a state procurement contract, in the total amount of$175,651.00. 8. Center Point Contractors, Inc. Change Order No. 1: A resolution approving Change Order No. 1 to the contract with Center Point Contractors, Inc. to remove construction of a fire suppression system resulting in a $33,000.00 cost reduction to the City for the project and approving cancellation of a $33,000.00 promissory note from NFlight Technology, Inc. issued to secure its payment obligation for construction of the system, and approving a budget adjustment. B. Unfinished Business: None C. New Business: 1. Bid #13-34 Boulder Construction, Inc.: A resolution to award Bid#13-34 and approve a construction contract with Boulder Construction, Inc. in the amount of $1,415,423.95 plus a project contingency of $70,771.20 for the construction of the Frisco Trail extension and to approve a budget adjustment in the amount of$1,248,000.00. 2. VAC 13-4402 (2111 Martin Luther King Boulevard/Panda Express): An ordinance approving VAC 13-4402 submitted by Lorel Hoffman for property located at 2111 Martin Luther King Boulevard to vacate a portion of a water and sewer easement, a total of 0.01 acres. 3. VAC 13-4421 (100 W. Dickson Street/Collier's Drug Store): An ordinance approving VAC 13-4421 submitted by Karen King for property located at 100 West Dickson Street to vacate a 15-foot wide alley located on the northern portion of the Collier's Drug Store site. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. ADM 13-4420 (Oakbrooke PZD Phase 1): An ordinance amending a Residential Planned Zoning District entitled R-PZD 05-1463 Oakbrooke Phase 1, to revise the concept plan and allow the construction of an alley to serve Lots 1-17. 5. ADM 13-4397 (Oakbrooke PZD Phase III): An ordinance amending a Residential Planned Zoning District entitled R-PZD 09-4397 Oakbrooke Phase I11, to revise the concept plan and zoning criteria, reducing the number of dwelling units in Planning Area I from 28 to 24 and in Planning Area III from 76 to 58, and adjusting alley ways. 6. National Revenue-Neutral Carbon Fee and Dividend Support: A resolution to support a National Revenue-Neutral Carbon Fee and Dividend in order to help slow climate change. D. City Council Agenda Session Presentations: E. City Council Tour: TO Cycle Farms—July 22, 2013 —5:30 p.m. The Council will meet at Tri Cycle Farms to begin the tour. F. 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 y� H&H Directional Boring, Inc. fT is (` .VfEC:�',`Qft9A &Air IM 1 of SECTION 0500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND H & H DIRECTIONAL BORING, INC. THIS AGREEMENT is dated as of the day of in the year 2013 by and between the CITY OF FAYETTEVILLE and H & H DIRECTIONAL BORING, INC.. 1. The H & H DIRECTIONAL BORING, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: FEMA PROJECTS—STEEL PIPE ENCASEMENTS 2. The H & H DIRECTIONAL BORING, INC. shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. The H & H DIRECTIONAL BORING, INC. shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO PROCEED and completed and ready for final payment within 90 calendar days. The H & H DIRECTIONAL BORING, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $500 for each calendar day thereafter that the WORK is not complete. 4. The H & H DIRECTIONAL BORING, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the BID PROPOSAL. 5. The term CONTRACT DOCUMENTS shall mean and include the following: 5.1 Invitation to Bid 5.2 Information for Bidders 5.3 Supplemental Information for Bidders 5.4 Bid Proposal 5.5 Bid Bond 5.6 Agreement Between City of Fayetteville and H &H Directional Boring, Inc. 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual 5.13 Addenda Numbers 0 to 0 . 5.14 Change Orders 0500.doc 1 A.2 H&H Directional Boring, Inc. 2 of 6. The CITY OF FAYETTEVILLE shall pay the H & H DIRECTIONAL BORING, INC. in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 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 of Fayetteville contracts 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. This contract must be interpreted under Arkansas Law. 0500.doc 2 A.2 H&H Directional Boring, Inc. 3 of IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and H & H DIRECTIONAL BORING, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and two counterparts have 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 Engineer on their behalf. OWNER CONTRACTOR CITY OF FAYETTEVILLE H&H DIRECTIONAL BORING, INC. BY BY '.W Mayor Lioneld Jordan Chad Haney, President [CORPORATE SEAL] [CORPORATE SEAL] ATTEST ATTEST - d L'� Address for giving notices: Address for giving notices: 113 W.Mountain 1609 Mally Wagnon Road Fayetteville,AR 72701 Fayetteville,AR 72701 License No. 009182 Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 0500.doc 3 A.2 H&H Directional Boring, Inc. 4 of (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 0500 0500.doc 4 A.8 (7/8/2013)City Clerk-Re:Tentative Agenda and Staff Calendar Chane Order Na.1 Page 1 .._.._ ,.4,d ..l�7C:Gdt,'� i,4 CeOyoc4,v� 1of4 �-6JV�QyiW�� From: James Nicholson To: City Clerk Date: 7/8/2013 8:32 AM Subject: Re: Tentative Agenda and Staff Calendar CC: Barbara Fell; Jason Kelley; Ray Boudreaux; Terry Gulley Hello Dee-Our item on the next agenda,#8 on the consent agenda requires a budget adjustment included in the packet per the Budget Division,and the resolution wording to reflect the approval of the BA.The BA has been sent for signature of the Transportation Dept head,then to be forwarded to the Budget Division for approval. Please let us know if there are any additional actions we need to take at this time.Thank you for your assistance. James Nicholson, Financial Coordinator Fayetteville Executive Airport/Drake Field 479-718-7642 office 479-718-7646 fax jnicholson@ci.fayetteville.ar.us TDD(Telecommunications Device for the Deaf)479-521-1316 On the web: http://www.acoessfayetteville.org/govemment/aviation/index.cfm "Like"us on facebook! http://www.facebook.com/DrakeFeldAirport >>>City Clerk 7/5/2013 9:26 AM >>> Attached is a copy of the Tentative Agenda for the July 16,2013 City Council meeting and the Staff Calendar for the week of July 8, 2013. You may also view the agenda by clicking on the link provided below. http•//accessfavetteville granicus com/GeneratedAgendaViewer php?view id=2&event id=324 If you have any questions please feel free to contact our office at the number listed below. Have a great day! City of Fayetteville Office of the Gly Clerk 113 W.Mountain Fayetteville,AR 72701 479-575-8323 dtv derk@—O.fayetteville.anus TDD(Telecommunications Device for the Deaf):(479)521-1316 A.8 Center Point Contractors, Inc. Change Order No. 1 2 of RESOLUTION NO. A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH CENTER POINT CONTRACTORS, INC. TO REMOVE CONSTRUCTION OF A FIRE SUPPRESSION SYSTEM RESULTING IN A $33,000.00 COST REDUCTION TO THE CITY FOR THE PROJECT AND APPROVING CANCELLATION OF A $33,000.00 PROMISSORY NOTE FROM NFLIGHT TECHNOLOGY, INC. ISSUED TO SECURE ITS PAYMENT OBLIGATION FOR CONSTRUCTION OF THE SYSTEM, AND APPROVING A BUDGET ADJUSTMENT 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 Change Order No. 1 to the contract with Center Point Contractors, Inc. to remove construction of a fire suppression system resulting in a $33,000.00 cost reduction to the City for the project and further approves cancellation of a $33,000.00 promissory note from NFlight Technology, Inc. issued to secure its payment obligation for construction of the system. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution as Exhibit"A". PASSED and APPROVED this 16th day of July, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.8 Center Point Contractors, Inc. City of Fayetteville,Arkansas Change Order No. 1 Budget Adjustment Form 3 of 4 v1z.o7za Budget Year Division: Aviation Request Date Adjustment Number 2013 Department: Transportation Services 7/16/2013 BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION To revise the project budget in conjuction with Change Order#1 to the Contract with Centerpoint Contractors Inc which eliminates the Fire Protection Sprinkler System contract line item due to the Lessee's request. Prepared By: James Nicholson _ Division He Date Reference: Jnichoison Budget Director Date Budget&Research Use Only '] i3 Type: A B C D E P Department D' ctor Date O` 7-$-2,6(7, General Ledger Date Finance Director Date Q , � cpa 1cLM 7-8 Xb13 Posted to General Ledger �Chie Staff / y Date Initial Date _ _ (�.ti— Checked/Verified or ate Initial Date TOTAL BUDGET ADJUSTMENT (33,000) (33,000) Increase/(Decrease) Project.Sub Account Name Account Number Expense Revenue Number Pymts by property owners 5550.0955.4420.00 RE (33,000) 12011 . 1 Building costs 5550.3960.5804.00 Di (33,000) 12011 . 1 -- - — EXxHIBIT J:\James\2013\BUDGET\BudgetAdjustments\BAForm_2012_HangarOfficeAdditionDeleteSprinkler 070513 1 oft A.8 Center Point Contractors, Inc. Change Order No. 1 4 of City Council Meeting Minutes July 2,2013 Page 1 of 13 Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan �yfT 1le Ward 1 Position 2—Sarah Marsh Ci Attorney Kit Williams 17ayve e T 1 Ward2 Position 1 —Markew PettyCity Y Ward 2 Position 2—Matthew Pe Ci Clerk Sondra Smith Ward 3 Position l—Justin Tennant Ty ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long City of Fayetteville Arkansas City Council Meeting Minutes July 02, 2013 A meeting of the Fayetteville City Council was 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. Mayor Jordan called the meeting to order. PRESENT: Alderman Sarah Marsh, Mark Kinion, Matthew Petty, Justin Tennant, Martin Schoppmeyer, Rhonda Adams, Alan Long, &, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Alderman Adella Gray Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports and Discussion Items: None Agenda Additions: None Consent: Approval of the June 18, 2013 City Council meeting minutes. Approved 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes July 2,2013 Page 2 of 13 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. Resolution 145-13 as recorded in the office of the City Clerk. 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. Resolution 146-13 as recorded in the office of the City Clerk. 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. Resolution 147-13 as recorded in the office of the City Clerk. 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. Resolution 148-13 as recorded in the office of the City Clerk. 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. Resolution 149-13 as recorded in the office of the City Clerk. 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. Resolution 150-13 as recorded in the office of the City Clerk. 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. Resolution 151-13 as recorded in the office of the City Clerk. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes July 2,2013 Page 3 of 13 Alderman Kinion moved to approve the Consent Agenda as read. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. Unfinished Business: 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. Alderman Adams moved to suspend the rules and go to the third and final reading. Alderman Tennant seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. City Attorney Kit Williams read the ordinance. Alderman Tennant: I would like to thank the citizens that contacted me. It has been overwhelmingly positive. The only negative feedback I received was from the newspaper and I understand that it was perceived that we were running into their revenue. I believe the council did a good job avoiding that with the changes that we made. I want to thank staff and City Attorney Williams for making the changes to the age requirement. City Attorney Kit Williams: I have to change that tonight and I have a proposal. Alderman Tennant: I believe these changes are good changes and the spirit of the law stays intact. I hope we can discuss this tonight and pass this in the interest of protecting our citizens from people doing this the wrong way. Mayor Jordan: Do we start with an amendment? City Attorney Kit Williams: We can. It is basically amending subsection I, permits waived for political and religious free speech and for Fayetteville children through the high school senior status. Council was of the mind set that all youth in Fayetteville through high school should be exempt and not have to go through background checks and get permits and that is what I have endeavored to do with this amendment. Mayor Jordan: As I understand it, it allows children to go door to door without a permit, correct? City Attorney Kit Williams: Yes, they can go door to door without a permit. Alderman Tennant: I do not think the people we are trying to stop are school age children. I believe this fits in the spirit of the law. Mayor Jordan asked for any public comment on the amendment? 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes July 2,2013 Page 4 of 13 Alderman Tennant moved to waive permit requirements for all Fayetteville children through high school senior status from the ordinance. Alderman Marsh seconded the motion. Upon roll call the motion passed 7-0. Alderman Gray was absent. Mayor Jordan: We have the amended ordinance before us. Do we have comments from the council? Do we have public comment on the ordinance? Brian Smith, representing the Northwest Arkansas Times: I was here two weeks ago and I would like to thank the City Council for being open minded to what we proposed. I believe the changes will help the City of Fayetteville and not hurt existing business. Mayor Jordan and Alderman Tennant: Thank you. Mayor Jordan: Does the council have any final comments? Alderman Adams: Who does a citizen call for enforcement? Chief Greg Tabor, Fayetteville Police Department: This will be a city ordinance and would be a misdemeanor. If we received a call that someone was violating the ordinance and it was not happening in our presence, then there is not a lot we can do with enforcement at that moment. We would take a report and submit it to the City Prosecutor for a decision to be made. If it was happening in our presence when we arrived, then we would be able to issue the person a citation for violation of the ordinance. City Attorney Kit Williams: That is correct and if they do submit a report to the City Prosecutor it would be good evidence because they would also get a statement from the homeowners that complained and charges could be filed. One other issue of this is administration and you may want to speak to Jeremy Pate in our Planning Department. Alderman Adams: When you receive a phone call and the dispatcher sends an officer and people are walking on the street, maybe with a clipboard in their hand, what are the policies of the Police Department in approaching these people? Chief Tabor: The dispatcher would try to get all the pertinent information relating to race and clothing description. When an officer encountered a person matching the description, then an officer would stop, identify that person and make them aware of what the ordinance says. City Attorney Kit Williams: This is done for any minor crimes or suspected minor crimes. The police have the right to stop and question someone. If they look like a solicitor, then the permit would be asked for. Alderman Adams: Thank you very much. Jeremy Pate, Director of Development Services: We will create an application process for this principal permit and for all the peddlers and solicitors also. We discussed at the last meeting 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes July 2,2013 Page 5 of 13 about the criminal background checks that would have to be submitted to our office and would expect that as part of the application process. We are used to issuing permits and that part will be simple to administer. We will have to monitor the workload in terms of our staffing and how long it takes to turn around a permit like that. Issuing the stickers, we will have to find out what the cost is and if we have to get those printed or if we will simply buy in bulk. Other ones that we have seen throughout the other cities actually have their logo on it. Alderman Adams: I did suggest at the last meeting that we make some kind of printable form available on the website. Right now anyone that buys a sign that says no solicitors and puts it on their door; no one is supposed to go to the door, correct? Jeremy Pate: Correct. This doesn't preclude you from doing that. If it says no soliciting, then it doesn't matter if the city gives it to you or if you buy it on your own, it is still the same. Alderman Adams: We aren't creating anything we don't already do; we are just causing a license and enforcement. The sticker that people put in their window does not have to conform to any standard from the city or cause us to have a matching no soliciting sign? Jeremy Pate: I think some individuals like to have the City of Fayetteville behind that and feel like they are more protected if it is a City of Fayetteville no soliciting. Alderman Tennant: Part of my original point of this is if someone from another city comes to this city, with the intent of saying they are selling something and have no intention of actually providing the product, they now have to take a step that we didn't have them do before when going door to door. This will deter some people because they have to register. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Gray was absent. Ordinance 5593 as recorded in the office of the City Clerk Public Hearing: 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. Mayor Jordan Opened the Public Hearing 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting Minutes July 2,2013 Page 6 of 13 City Attorney Kit Williams: I should note for the record, we have now settled with Turn-Key Homes of Northwest Arkansas, LLC. We are no longer seeking condemnation with them and in fact we have an amended resolution that was provided. David Jurgens, Utilities Director: The Highway Department is replacing the bridge across the West Fork of the White River on Highway 16. As a result, they are requiring us to move our water line which is hanging off the side of the existing bridge and the sewer line that is on the approaches where the new bridge will be located. This project was accelerated on the Highway Departments schedule and as a result we have to work on an accelerated schedule as well. The Highway Department has been putting significant pressure on us to get our construction under way. We started the easement acquisition process earlier this year and we have been in contact with all the residents. There are three we do not think we will get resolved in the next three months to meet the Highway Departments schedule, but we continue to stay in contact with everyone. There was no public comment. Mayor Jordan Closed the Public Hearing City Attorney Kit Williams: We will continue to negotiate with the land owners and we have been successful in the past and we hope to continue to resolve these things, short of court. This gives us the opportunity to obtain possession so that construction is not slowed down. Alderman Kinion moved to approve the resolution. Alderman Long seconded the motion. Upon roll call the resolution passed 7-0. Alderman Gray was absent. Resolution 152-13 as recorded in the office of the City Clerk. New Business: 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. David Jurgens: The building is gone and the next step is to remove the concrete slab and the foundation. We need to remove the concrete and masonry material and any remaining debris from the sight. This is in preparation for Kum &Go to be able to commence their specific design work and plans for their development on the sight and to restore the rest of the sight to where it can be more attractive and be a functional piece of land. David Jurgens then continued to discuss the bids for this project. Alderman Petty: What happens to material? Would we be able to potentially use it for sub base and road construction, or is the contractor taking the material for their use as part of the bid? 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316