HomeMy WebLinkAbout2017-05-02 - Agendas - FinalCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Meeting Agenda - Final Agenda
Tuesday, May 2, 2017
5:30 PM
City Hall Room 219
City Council Meeting
Adella Gray Ward I
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Sarah Bunch Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City Council Meeting Meeting Agenda - Final Agenda May 2, 2017
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
1. 2017-0213
CH2M HILL ENGINEERS, INC: TEN (10) YEARS ACCUMULATIVE SAFETY AWARD
Attachments: CH2M HILL ENGINEERS, INC: TEN (10) YEARS ACCUMULATIVE SAFETY AWARD
Agenda Additions:
A. Consent:
A. 1 2016-0574
APPROVAL OF THE APRIL 18, 2017 CITY COUNCIL MEETING MINUTES.
A.2 2017-0215
SOUTH DELTA AVIATION, INC. THREE YEAR LEASE AGREEMENT:
A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH SOUTH
DELTA AVIATION, INC. FOR THE AIRPORT HANGAR AT 4568 SOUTH SCHOOL
AVENUE AND OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500
SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $4,200.00 PER MONTH
Attachments: SOUTH DELTA AVIATION, INC.
City of Fayetteville, Arkansas Page 2 Printed on 4/27/2017
City Council Meeting Meeting Agenda - Final Agenda May 2, 2017
A. 3
A. 4
A. 5
Nni'7_t»nl
T -N -T, INC. CHANGE ORDER NO. 3:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 3 TO THE CONTRACT WITH
T -N -T, INC. OF VAN BUREN, ARKANSAS IN THE AMOUNT OF $21,096.00 FOR
ROAD AND PARKING IMPROVEMENTS AT WILSON PARK, AND TO APPROVE A
BUDGET ADJUSTMENT
Attachments: T -N -T, INC. CHANGE ORDER NO. 3
BA T -N -T, INC. CHANGE ORDER NO. 3
2017-0209
FAYETTEVILLE DISTRICT COURT ACCESS CONTROL AND VIDEO SURVEILLANCE
SYSTEMS:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$30,000.00 RECOGNIZING REVENUE FROM THE COURT AUTOMATION FUND FOR
UPGRADES TO THE ACCESS CONTROL AND VIDEO SURVEILLANCE SYSTEMS
USED BY THE FAYETTEVILLE DISTRICT COURT
Attachments: FAYETTEVILLE DISTRICT COURT ACCESS CONTROL AND VIDEO SURVEILLANCE SYSTEMS
BA FAYETTEVILLE DISTRICT COURT ACCESS CONTROL AND VIDEO SURVEILLANCE
SYSTEMS
2017-0183
HAWKINS-WEIR ENGINEERS, INC.:
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES
AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO
EXCEED $71,820.00 FOR ENGINEERING SERVICES RELATED TO THE
ELIMINATION OF THE MASTERS SEWER LIFT STATION, AND TO APPROVE A
PROJECT CONTINGENCY IN THE AMOUNT OF $7,182.00
Attachments: HAWKINS-WEIR ENGINEERS, INC.
City of Fayetteville, Arkansas Page 3 Printed on 4/27/2017
City Council Meeting Meeting Agenda - Final Agenda May 2, 2017
A.6 2017-0199
WASHINGTON REGIONAL MEDICAL CENTER:
A RESOLUTION TO WAIVE AND RELEASE ALL RIGHTS OF FIRST REFUSAL
WITHIN PARAGRAPH 5.(C) OF THE REAL ESTATE CONVEYANCE AGREEMENT
OF OCTOBER 4, 2011 AND THE OCTOBER 13, 2011 QUIT CLAIM DEED
CONVEYING THE PROPERTY TO WASHINGTON REGIONAL MEDICAL CENTER
Attachments: WASHINGTON REGIONAL MEDICAL CENTER
A.7 2017-0216
UNIVERSITY OF ARKANSAS - RAZORBACK TRANSIT:
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT WITH THE UNIVERSITY
OF ARKANSAS - RAZORBACK TRANSIT WITH AUTOMATIC RENEWALS FOR UP
TO FOUR ADDITIONAL ONE YEAR TERMS IN AN ANNUAL AMOUNT OF
$250,000.00 FOR THE PROVISION OF PUBLIC TRANSIT SERVICES WITHIN THE
CITY OF FAYETTEVILLE
Attachments: UNIVERSITY OF ARKANSAS - RAZORBACK TRANSIT
A.8 2017-0214
CONDEMNATION LITIGATION SETTLEMENT AGREEMENT:
A RESOLUTION TO AUTHORIZE A SETTLEMENT AGREEMENT WITH DRAKE
STREET PROPERTY, LLC; 1155 PROPERTIES, LLC; AND RPMI
PROPERTIES-FAYETTEVILLE, LLC A/K/A RPMI PROPERTIES, LLC CONCERNING
CONDEMNATION LITIGATION FILED FOR THE WATER AND SEWER
RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT PROJECT BB0414 - INTERSTATE 49 AND
HIGHWAY 112 INTERCHANGE
Attachments: CONDEMNATION LITIGATION SETTLEMENT AGREEMENT
B. Unfinished Business: None
C. New Business:
City of Fayetteville, Arkansas Page 4 Printed on 4/27/2017
City Council Meeting Meeting Agenda - Final Agenda May 2, 2017
C. 1 2017-0217
BILL OF ASSURANCE AMENDMENT (354 N. DOUBLE SPRINGS RD./PINNACLE BANK):
AN ORDINANCE TO REPLACE A BILL OF ASSURANCE TO ALLOW THE
DEVELOPMENT OF THE 9.7 ACRE PARCEL AT 354 DOUBLE SPRINGS ROAD WITH
UP TO 9 ATTACHED DWELLINGS UNITS AND 35 SINGLE-FAMILY DETACHED
HOUSES
Attachments: AMENDMENT TO A BILL OF ASSURANCE (354 N. DOUBLE SPRINGS RD./PINNACLE BANK)
C.2 2017-0218
CULLERS SEWER EXTENSION:
A RESOLUTION TO APPROVE AN EXTENSION OF THE CITY'S SEWERAGE
SYSTEM BEYOND THE CITY LIMITS TO A PROPOSED DEVELOPMENT NEAR
HUGHMOUNT ROAD AND LIERLY LANE
Attachments: CULLERS SEWER EXTENSION
C.3 2017-0201
UNIVERSITY OF ARKANSAS SEFOR SEWER AGREEMENT:
A RESOLUTION TO APPROVE AN AGREEMENT WITH THE UNIVERSITY OF
ARKANSAS TO ACCEPT WASTEWATER FROM THE UNIVERSITY'S SOUTHWEST
EXPERIMENTAL FAST OXIDE REACTOR FACILITY INTO THE CITY'S SANITARY
SEWER SYSTEM FOR TREATMENT
Attachments: UNIVERSITY OF ARKANSAS SEFOR SEWER AGREEMENT
C.4 2017-0028
AMEND § 51.146 BACKFLOW PREVENTION:
AN ORDINANCE TO AMEND § 51.146 BACKFLOW PREVENTION OF THE
FAYETTEVILLE CODE TO MORE CLOSELY CONFORM TO THE LATEST
AMERICAN WATER WORKS ASSOCIATION AND ARKANSAS STATE PLUMBING
CODE
Attachments: BACKFLOW PREVENTION CODE REVISION
City of Fayetteville, Arkansas Page 5 Printed on 4/27/2017
City Council Meeting Meeting Agenda - Final Agenda May 2, 2017
C. 5
C. 6
C. 7
C. 8
')nI '7_t»nc
RZN 17-5728 (1640 S. HANSHEW RD./WM. LINDSEY):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 17-5728 FOR APPROXIMATELY 1.25 ACRES LOCATED AT 1640 S.
HANSHEW ROAD FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER
ACRE TO C-2, THOROUGHFARE COMMERCIAL
Attachments: RZN 17-5728 (1640 S. HANSHEW RD./WM. LINDSEY)
101 7_n')m
RZN 17-5733 (SE OF CROSSOVER RD. & HEARTHSTONE DR.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 17-5733 FOR APPROXIMATELY 1.79 ACRES LOCATED AT
SOUTHEAST CORNER OF CROSSOVER ROAD AND HEATHSTONE DRIVE FROM
R -O, RESIDENTIAL OFFICE, AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE TO NS -G, NEIGHBORHOOD SERVICES, GENERAL
Attachments: RZN 17-5733 (SE OF CROSSOVER RD. & HEARTHSTONE DR.)
2017-0204
VAC 17-5753 (SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR./CP PROPERTIES):
AN ORDINANCE TO APPROVE VAC 15-5753 FOR PROPERTY LOCATED AT
SOUTHEAST CORNER OF CROSSOVER ROAD AND HEARTHSTONE DRIVE TO
VACATE A PORTION OF A DRAINAGE EASEMENT AND A PORTION OF A UTILITY
EASEMENT
Attachments: VAC 17-5753 (SE CORNER OF CROSSOVER RD. & HEARTHSTONE DR./CP PROPERTIES)
2017-0211
FAYETTEVILLE COMMERCE PARK LAND SALE:
A RESOLUTION TO SELL ABOUT 5 ACRES OF LAND IN THE COMMERCE
DISTRICT TO AR -CANNA, LLC FOR $75,000.00 CONTINGENT ON AR -CANNA, LLC
RECEIVING A MEDICAL MARIJUANA CULTIVATION FACILITY LICENSE FROM
THE STATE OF ARKANSAS
Attachments: FAYETTEVILLE COMMERCE PARK LAND SALE - AR -CANNA, LLC
City of Fayetteville, Arkansas Page 6 Printed on 4/27/2017
City Council Meeting Meeting Agenda - Final Agenda May 2, 2017
D. City Council Agenda Session Presentations:
D. 1 2017-0212
AGENDA SESSSION PRESENTATION - FAYETTEVILLE URBAN FORESTRY ADVISORY
BOARD ANNUAL REPORT
Attachments: Urban Forestry Advisory Board 2017
E. City Council Tour:
F. Announcements:
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may appear and address the City Council on Unfinished Business, New Business, and
Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please
wait for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or
Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed to
the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or
others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being
considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an
agenda item.
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. City staff, City Council
members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation
of the agenda item.
City of Fayetteville, Arkansas Page 7 Printed on 4/27/2017
City Council Meeting Meeting Agenda - Final Agenda May 2, 2017
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. A simple majority of the City Council members, present and voting,
may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present
an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be
allowed; however, 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's 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 Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City
Council meetings, a 72 -hour advance notice is required. For further information or to request an interpreter,
please call 479-575-8330.
A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the
office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323.
All cell phones must be silenced and may not be used within the City Council Chambers.
City of Fayetteville, Arkansas Page 8 Printed on 4/27/2017
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0213
Agenda Date: 5/2/2017 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Presentation
Agenda Number: 1
CH2M HILL ENGINEERS, INC: TEN (10) YEARS ACCUMULATIVE SAFETY AWARD
City of Fayetteville, Arkansas Page 1 Printed on 4127/2017
CITY OF
T %1 Ile•
ay
ARKANSAS
TO:
Mayor Jordan
THRU:
Water, Sewer and Solid Waste Committee
Don Marr, Mayor's Chief of Staff
FROM:
Tim Nyander, Utilities Director
DATE:
April 14, 2017
SUBJECT:
CH2M Safety Award Recognition
STAFF MEMO
On January 17, 2017, the Arkansas Department of Labor and Arkansas
Workers' Compensation Commission recognized the CH21VI Fayetteville
team with the 10 -year Accumulative Years Safety Award. To achieve this
milestone, the CH21VI staff accumulated 10 years without a lost day away
from work due to a work-related injury or illness between September 21,
2006 and September 21, 2016.
CH21VI's adopted culture is achieved when their employees value the
Heath, Safety & Environment program and take responsibility for their own
behavior and for the behavior of every employee around them. When an
incident does occur, they seek continual improvement by evaluating the
causes, implementing corrective actions, and learning from their mistakes.
The Fayetteville Project has a safety committee, which consists of
employees and management, to execute the safety plan. The safety team
meets monthly to discuss safety concerns and updates at the project, and
often organizes training opportunities and celebrations to keep safety fun.
Congratulations to the CH21VI Team for their outstanding commitment to
Safety!
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas
Text File
File Number: 2016-0574
Agenda Date: 5/2/2017 Version: 1
In Control: City Council Meeting
Agenda Number: A. 1
APPROVAL OF THE APRIL 18, 2017 CITY COUNCIL MEETING MINUTES.
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Status: Agenda Ready
File Type: Minutes
City of Fayetteville, Arkansas Page 1 Printed on 4127/2017
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0215
Agenda Date: 5/2/2017 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 2
SOUTH DELTA AVIATION, INC. THREE YEAR LEASE AGREEMENT:
A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH SOUTH DELTA
AVIATION, INC. FOR THE AIRPORT HANGAR AT 4568 SOUTH SCHOOL AVENUE AND
OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE
FOR RENT IN THE AMOUNT OF $4,200.00 PER MONTH
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves a three year lease
agreement with South Delta Aviation, Inc., a copy of which is attached to this Resolution and made a
part hereof, for the airport hangar at 4568 South School Avenue and approximately 2,260.5 square feet
of office space in the Airport Terminal Building for rent in the amount of $4,200.00 per month.
City of Fayetteville, Arkansas Page 1 Printed on 4/27/2017
City of Fayetteville Staff Review Form
2017-0215
Legistar File ID
5/2/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Terry Gulley 4/14/2017 Aviation /
Transportation Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval and signature of the Mayor on a lease agreement with South Delta Aviation, Inc., 4248
South School Ave., Fayetteville, AR 72701 (479) 935-4891, for the corporate hangar at Drake Field known as 4568
South School Avenue, and for terminal office space.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Fund
Project Title
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
131 T
V le ay
ARKANSAS
MEETING OF MAY 2, 2017
TO: Mayor Lioneld Jordan
Fayetteville City Council
THRU: Don Marr, Chief of Staff
CITY COUNCIL AGENDA MEMO?
FROM: Terry Gulley, Transportation Services Director
DATE: April 14, 2017
SUBJECT: South Delta Lease Agreement
RECOMMENDATION:
Staff recommends approval and signature of the Mayor on a lease agreement between the City
of Fayetteville and South Delta.
BACKGROUND:
South Delta operates an aircraft brokering and repair business.
DISCUSSION:
South Delta currently leases two other corporate hangars on the field.
BUDGET/STAFF IMPACT:
This lease will provide $50,400.00 in revenue to the airport per year.
Attachments:
SRF
SRM
Corporate Hangar Lease Agreement
Exhibit A -Corporate Hangar Layout
Mauling Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
LEASE AGREEMENT
This LEASE AGREEMENT made this day of , 2017, by and
between the City of Fayetteville, Arkansas, hereinafter called "City", and South Delta Aviation,
4248 S. School Street, Fayetteville, AR 72701, 479-935-48910, hereinafter called "South Delta."
WHEREAS, City is the owner of an airport known as the Fayetteville Airport, Drake Field, herein
referred to as the "Airport"; and
WHEREAS, City is the owner of an aircraft hangar and office space at the Airport; and
WHEREAS, South Delta desires to lease said corporate aircraft hangar and office space,
NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein,
hereby agree as follows:
1. City leases to South Delta, and South Delta leases from City, the 18,750 sq. ft. corporate
aircraft hangar located at 4568 S. School Ave., Fayetteville, Arkansas, and approximately 2260.5
sq. ft. of office space in the Terminal Building located at 4500 S. School Ave, Fayetteville
Arkansas, as reflected on "Exhibit A" attached hereto and made a part hereof.
2. South Delta is granted the use, in common with others similarly authorized, of the airport,
together with all facilities, equipment, improvements, and services which have been, or may
hereafter, be provided at, or in connection with the Airport from time to time including, but not
limited to, the landing field, and any extensions hereof or additions thereto, roadways, runways,
ramps, aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids,
and all other conveniences for flying, landings and take -offs.
3. South Delta shall have at all times the full and free right in ingress to and egress from the
demised premises and facilities referred to herein for South Delta, its employees, customers,
passengers, guests, and other invitees. Such rights shall also extend to persons or organizations
supplying materials or furnishing services to South Delta.
4. Term: Subject to earlier termination as hereinafter provided, the initial term of this agreement
shall be for THREE YRS (3) year(s) commencing on the 3rd day of May , 2017, and
ending on the 2nd day of May, 2020.
This Lease Agreement may be terminated by either party with a sixty (60) day written notice.
5. Rent: South Delta agrees to pay the City for the use of the premises, facilities, rights, and
1
privileges granted hereunder the sum of. FOUR THOUSAND, TWO HUNDRED DOLLARS
PER MONTH, ($4,200.00) per month. Rent will increase in accordance with the CPI plus 1% after
the first and second year(s).
The initial lease payment is due and payable upon execution of this Lease Agreement, and all
subsequent monthly lease payments shall be payable in advance on, or before, the 1St day of each
month. In addition to any remedy available to it hereunder, the City may impose as additional
rentals a delinquency charge on all overdue payments, at the maximum rate allowed by law.
6. City shall maintain and keep in good repair so much of the Airport premises as are not under
the exclusive control of South Delta. South Delta shall, at the termination, surrender or forfeiture
of this lease, return said premises in same or better condition premises were at the beginning of
the lease, normal wear and tear excepted.
7. South Delta shall provide for and supply at its expense all janitor service with respect to the
demised premises, and shall pay for all utilities serving the demised premises, including, but not
limited to heat, light, gas, electricity, and water, sewer and trash removal.
8. Improvements: South Delta shall bear the cost of all improvements or additions made to the
interior or exterior of the building on the leased premises. No improvements or additions to any
part of the leased premises shall be made by South Delta without the prior written approval of the
Airport Manager, whose consent will not be unreasonably withheld. Any signs or antennas to be
erected on or attached to the leased premises must have the prior written approval of the Airport
Manager and conform to all City Ordinances.
9. Maintenance: The City shall be responsible only for major maintenance of the existing
equipment, i.e. replacement of heating unit and other equipment in place in the facility which
includes, roof, hangar door motors, exterior walls, exterior plumbing, paved ramp and paved
parking lot. The City agrees that if the roof or any part of the exterior walls or exterior plumbing
of said building thereof shall become defective or damaged at any time during the term due to
ordinary wear and tear and not due to negligence of South Delta, or South Delta's agents or
invites, upon notice from South Delta, the City will immediately cause repairs to be made and
restore the defective portions to good condition. If the damage is so extensive as to render such
building untenable, the rent payable hereunder shall be proportionally paid up to the time of such
damage and shall thenceforth cease until such time as the premises shall be fully restored. If the
demised premises are completely destroyed, City may reconstruct the hangar at the City's own
cost and the rent payable hereunder shall be adjusted as set forth above, or City may, at its option,
cancel this agreement, such cancellation to be effective as of the date the hangar was destroyed,
and the rent adjusted as set forth above. Routine maintenance of the hangar doors shall remain the
responsibility of the City. South Delta shall not make any alterations to the controls of the hangar
doors.
10. South Delta agrees to observe and obey City's Ordinances and Regulations with respect to use
of the demised premises and Airport; provided, however, such Ordinances and Regulations shall
be consistent with safety and with all city, county, and state rules, regulations, including all current
2
fire codes, and orders of the Federal Aviation Administration with respect to aircraft operations at
the Airport, and provided further, such Ordinances and Regulations shall be consistent with the
provisions of this agreement or the procedures prescribed or approved from time to time by the
Federal Aviation Administration with respect to the operation of South Delta's aircraft at the
Airport.
"The Minimum Standards for Fayetteville Executive Airport, Drake Field" herein referred to as
Airport Minimum Standards are made part of this lease by reference as if included word for word.
11. South Delta agrees that it shall use the premises for the implementation and conducting of an
aeronautical business activity. South Delta agrees that it shall use the premises only for the storage
of airplanes and materials and equipment necessarily related to the operation of said aeronautical
business activity and that no other vehicles, equipment or supplies shall be stored on the premises
unless expressly agreed to by the City. South Delta further agrees not to store any flammable
material on the demised premises, other than a limited supply of oils and agents necessary for
current aircraft maintenance and repair, or in any way endanger or violate the provisions of the
City's standard commercially available property insurance policy or the requirements of same.
Such violations shall constitute a material breach of this Agreement.
12. Hazardous Substance: South Delta shall not cause or permit any Hazardous Substance to
be used or stored on or in the Leased Premises without first obtaining the City's written consent.
If hazardous Substances are used, stored, generated, or disposed of on or in the Leased Premises
or if the Leased Premises or any other Airport property becomes contaminated in any manner for
which South Delta is responsible or legally liable, South Delta shall indemnify and hold harmless
the City, its officers, directors, agents, servants, and employees from any and all claims, damages,
fines, judgments, penalties, costs, liabilities, or losses including all reasonable costs for
investigation and defense thereof, (including but not limited to attorney's fees, court costs, and
expert fees, and without limitation, decrease in value of the Lease Premises, damages caused by
loss or restriction of rentable or usable space as a part of the Leased Premises arising during or
after the term hereof and arising as a result of that contamination by South Delta, South Delta
agents, employees, and invitees. This indemnification includes, without limitation, all cost
incurred because of any investigation of the Airport or any cleanup, removal, or restoration
mandated by a federal, state, local agency or political subdivision.
13. If the demised premises are partially damaged by fire or other casualty which is not due to the
negligence or fault of South Delta, said premises shall be repaired with due diligence by City at
City's expense. If the damage is so extensive as to render such building untenable, the rent payable
hereunder shall be proportionally paid up to the time of such damage and shall thenceforth cease
until such time as the premises shall be fully restored. If the demised premises are completely
destroyed, City may reconstruct the hangar at the City's own cost and the rent payable hereunder
shall be adjusted as set forth above, or City may, at its option, cancel this agreement, such
cancellation to be effective as of the date the hangar was destroyed, and the rent adjusted as set
forth above.
14. South Delta shall maintain in force during the Term and any extended term public liability
3
and property damage insurance in comprehensive form as reasonably may be required by the City
and specified in the Airport Minimum Standards. The insurance shall be issued by an insurer
licensed to do business in the State of Arkansas.
Concurrent with the execution of this Agreement, South Delta shall provide proof of insurance
coverage by providing a Certificate of Lessee's Insurance coverage, a copy of the declarations
page on the insurance policy, and a copy of all endorsements. The Certificates of Insurance, or
endorsements attached thereto, shall provide that; (a) insurance coverage shall not be canceled,
changed in coverage, or reduced in limits without at least thirty (30) days prior written notice to
the City: (b) the City and the Airport and their trustees, agents, officers, servants, and employees
are named as additional insured: (c) the policy shall be considered primary as regards to any other
insurance coverage the City may possess, including any self-insured retention or deductible the
City may have, and any other insurance coverage the City may possess shall be considered excess
insurance only; (d) the limits of liability required therein are on an occurrence basis.
15. South Delta agrees to indemnify City against any and all liabilities, losses, suits, claims,
judgments, fines, penalties, demands or expenses, including all reasonable costs for investigation
and defense thereof, (including but not limited to attorney's fees, court costs, and expert fees, for
injuries to persons or damage to property caused by South Delta's use or occupancy of the lease
premises; provided, however, that South Delta shall not be liable for any injury, damage or loss
arising from the negligence of City or its agents or employees; and provided further, that each
party shall give prompt and timely notice of any claim made or suit instituted which in any way
directly or indirectly affects or might affect either party, and each party shall have the right to
compromise and defend the same to the extent of its own interest. This clause shall not be
construed to waive that tort immunity as set forth under Arkansas Law.
16. South Delta agrees that it will not discriminate by segregation or otherwise against any person
or persons because of race, creed, color, religion, national origin, sex, marital status, or handicap
in the furnishing, or by refusing to furnish, to such persons the use of any facility, including any
and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall
require the furnishing to the general public of the use of any facility customarily furnished by the
City solely to tenants, their employees, customers, patients, client, guests, and invites.
17. Assigning, Subletting and Encumbering. South Delta shall not assign this Agreement in
whole or in part, nor sublease all or any part of the Leased Premises, nor permit other persons to
occupy said Leased Premises or any part thereof, not grant any license or concession for all or any
part of said Leased Premises, without the prior written consent of the Airport Manager, which
consent shall not be unreasonably withheld. Any consent by the Airport to an assignment or
subletting of this Agreement shall not constitute a waiver of the necessity of obtaining that consent
as to any subsequent assignment. Any assignment for the benefit of South Delta's creditors or
otherwise by operation of law shall not be effective to transfer or assign South Delta's interest
under this Agreement unless the Airport shall have first consented thereto in writing. Neither
South Delta's interest in this Agreement, not any estate created hereby in South Delta nor any
interest herein or therein, shall pass to any trustee or receiver or assignee for the benefit of creditors
or otherwise by operation of law except as may specifically be provided in the Bankruptcy Code.
4
If any of the corporate shares of stock of South Delta are transferred, or if any partnership interests
of South Delta are transferred, by sale, assignment, bequest, inheritance, operation of law, or
otherwise, so as to result in a change of the control, assets, value, ownership, or structure of South
Delta, same shall be deemed an assignment for the purposes of this Section 17 and shall require
the Airport's prior consent, and South Delta shall notify the Airport of any such change or
proposed change.
18. On the expiration or other termination of this lease South Delta's right to use the demised
premises shall cease, and South Delta shall vacate the premises without unreasonable delay. All
property installed, erected, or placed by South Delta in, on, or about the premises leased hereunder
shall be deemed to be personal property and shall remain the property of South Delta. South
Delta shall have the right at any time during the term of this agreement, or any renewal or extension
hereof, and for an additional period of fourteen (14) days after the expiration or other termination
of this agreement, to remove any or all of such property, subject, however, to South Delta's
obligation to repair all damage, if any, resulting from such removal. Any and all property not
removed by South Delta prior to the expiration of the aforesaid fourteen (14) day period shall
thereupon become a part of the land on which it is located and title hereto shall thereupon vest in
City.
19. City may enter the premises leased to South Delta at any reasonable time for any purpose
necessary or incidental to the performance of its obligations or South Delta's obligations
hereunder.
20. South Delta shall maintain the demised premises in a clean and orderly fashion at all times.
South Delta shall be responsible for the upkeep and mowing of the leased property.
21. South Delta shall not start or operate aircraft engines within the aircraft hangar leased hereby
and shall not allow such operations by any other person.
22. South Delta agrees that habitation of the hangar building or offices as a residence is prohibited.
23. Any notice or consent required by this Agreement shall be sufficient if sent by Certified Mail,
return receipt requested, postage paid, to the following address:
CITY OF FAYETTEVILLE
Airport Administration Office
4500 S. School Avenue, Suite F
Fayetteville, Arkansas 72701
SOUTH DELTA AVIATION
South Delta
4248 South School Street
Fayetteville, Arkansas 72701
Phone: (479) 718 -7642 Phone: (479) 935-4891
24. This agreement shall be construed under the laws of the State of Arkansas.
25. All the covenants, conditions, and provisions under this agreement shall extend to and bind
the legal representative, successors, and assigns of the respective parties hereof.
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above
written.
South Delta
By: All
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Title
ATTEST:
Title
CITY OF FAYETTEVILLE, ARKANSAS
C
Lioneld Jordan, Mayor
ATTEST
By:
,:1
Sondra Smith, City Clerk and Treasurer
4568 S School Ave
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0203
Agenda Date: 5/2/2017 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 3
T -N -T, INC. CHANGE ORDER NO. 3:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 3 TO THE CONTRACT WITH T -N -T,
INC. OF VAN BUREN, ARKANSAS IN THE AMOUNT OF $21,096.00 FOR ROAD AND
PARKING IMPROVEMENTS AT WILSON PARK, AND TO APPROVE 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. 3 to the contract with T -N -T, Inc. of Van Buren, Arkansas in the amount of $21,096.00 for
additional road and parking improvements at Wilson Park.
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.
City of Fayetteville, Arkansas Page 1 Printed on 4/27/2017
City of Fayetteville Staff Review Form
2017-0203
Legistar File ID
5/2/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
/
Ken Eastin 4/12/2017 Parks & Recreation
Parks & Recreation Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of Change Order #3 in the amount of $21,096 to Contract #2016-00000014 with T -N -T,
Inc. for the installation of additional select road base fill and a change in pavement surfacing from asphalt to fiber -
reinforced concrete for extended durability, and approval of a budget adjustment.
Budget Impact:
2250.520.9255-5806.00
4470.900.9470-5819.00
Account Number
13001.1601
16004.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Previous Ordinance or Resolution # 231-16
Original Contract Number: 2016-00000012
Comments:
Park Development Fund
Sales Tax Cap Imp
Fund
Wilson Park Grant Match
Park Paving Improvements
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 724,227.00
$ 583,598.00
140,629.00
$ 21,096.00
$ 30,777.00
150,310.00
Approval Date:
V20140710
CITY OF
%! 111 -le
Tay •
ARKANSAS
MEETING OF MAY 2, 2017
TO: Mayor Lioneld Jordan
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
Alison Jumper, Park Planning Superintendent
FROM: Ken Eastin, Park Planner II
DATE: April 10, 2017
SUBJECT: Approval of Change Order #3 in the amount of $21,096 to Contract #2016-
00000014 with T -N -T, Inc. for the installation of additional structural select
road base fill and a change in pavement surface materials for road and
parking improvements at Wilson Park, and approval of a budget adjustment
RECOMMENDATION:
Staff recommends approval of Change Order #3 in the amount of $21,096 to Contract #2016-
00000014 with T -N -T, Inc. for the installation of additional select road base fill and a change in
pavement surfacing from asphalt to fiber -reinforced concrete for extended durability, and
approval of a budget adjustment.
BACKGROUND:
The City of Fayetteville contracted with T -N -T, Inc. to construct new curb and gutter along both
sides of the westernmost entry drive off Prospect Street at Wilson Park and along the
northwestern most edge of the parking lot. The contractor was also to remove the existing
asphalt from the entry drive, compact the subsurface soils, install a 4" compacted gravel base,
lay new asphalt surfacing, and construct a new van -accessible parking space adjacent to the
playground.
Change Order #1 was requested to receive approval for a change in the contract scope in order
to include grading of a drainage swale into the lawn area on the north side of the western end of
the parking lot. This change was necessary to create a swale in the lawn that will contain and
direct runoff into an existing storm inlet. This will prevent continuation of a situation where the
drainage flows across Wilson Avenue and into a neighboring driveway and garage.
Change Order #2 was submitted after excavation of the existing asphalt drive began and
subsurface continues were discovered. Upon removal of the old asphalt, extensive clay soils
were encountered and the clay was totally saturated. Project specifications require compaction
of the immediate subgrade to a depth of 24". Due to the clay soils and high moisture conditions,
this compaction can not be accomplished. This has required complete removal of the existing
clay and replacement with select fill that will hold compaction, for a minimum depth of 24".
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Change Order #3 is requesting approval for the following contract changes:
1) Unforeseen subsurface conditions and excessive moisture have required removal of a
larger amount of encountered expansive clay, requiring replacement with a larger
amount of select fill than originally anticipated plus an additional 9 SY of class 7 base (+
$1,816).
2) Due to a change in the layout of the parking and driveway to protect trees and provide
safe turning radius for buses, additional curb and gutter is required to complete the new
design (+ $1,425).
3) Change order #1 added scope for grading a drainage swale into the adjacent lawn area
in order to prevent runoff from flowing across Wilson Avenue and into a neighboring
garage. The site's regrading will now direct runoff into a stormwater drain inlet. Change
order #1 included costs for the grading, but site restoration costs were not included. The
regrading resulted in an increase of 3,130 SF of site restoration at a unit cost of $4.00/
SF (+ $12,520).
4) Poor subsurface conditions encountered resulted in a reevaluation of the pavement
section. It has been determined that a fiber -reinforced concrete drive surface would
better support the anticipated traffic loads than asphalt. The current contract specifies a
2" asphalt surface course atop a 3" asphalt binder course for a total surface thickness of
5". For the greater strength and durability, Parks requests a change from the 5" thick
asphalt to a 6" thick fiber -reinforced concrete slab. This needed change will increase
the project cost by + $2,835)
5) Consideration of design alternatives resulting from the subsurface conditions
encountered and Council approval of Change Order 3 has caused a delay in work. The
contractor is requesting $2,500 for remobilization fees (+$2,500).
These changes are necessary to provide a firm and stable structural roadway subgrade
combined with a strong, durable fiber -reinforced concrete surface that will not be subject to
vertical pumping movement and subsequent cracking and accelerated deterioration from high
levels of subsurface moisture. In addition, the positive drainage conditions which direct runoff
into the existing storm drain preventing this drainage impact to neighboring properties.
BUDGET/STAFF IMPACT:
Total cost for Change Order #3 is $21,096. Approximately $218 currently remains in the
contingency budget for this project making a budget adjustment necessary. Unrecognized
Southwest Quadrant Park Land Dedication Funds in the amount of $30,777 are available and
being requested to be recognized. $20,878 of this is required for the revised budget. The
remaining $9,899 is requested as contingency.
Attachments:
Change Order #3 Form
Resolution 231-16
Budget Adjustment Form