HomeMy WebLinkAbout82-20 RESOLUTIONOF F.ATE 7-,
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 82-20
File Number: 2020-0148
DUKE REAL PROPERTIES LLC:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SELL APPROXIMATELY 5 ACRES OF
CITY PROPERTY LOCATED AT 2512 SOUTH INDUSTRIAL DRIVE TO DUKE REAL
PROPERTIES, LLC FOR $80,000.00
WHEREAS, Duke Technologies is a Fayetteville headquartered company currently operating on Deane
Solomon Road under a conditional use permit and the move to an I-2 zoned parcel will allow the
company to operate by right under this zoning classification; and
WHEREAS, Duke Technologies specializes in research and development of alternative fuels wishes to
expand its headquarters and research facilities with the construction of four buildings comprised of an
office, laboratory, shop, and pyrolysis center; and
WHEREAS, the proposed project would lead to the hiring of workers with average wages above the
state and national averages, meets one of the Fayetteville First Plan's targeted industry sectors,
Specialized Technologies, and is supported by the Fayetteville Chamber of Commerce; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Land Sale
Agreement (attached to this Resolution and made a part hereof) for the sale of about 5 acres of City
property in fee simple located at 2512 South Industrial Drive to Duke Real Properties, LLC for the amount
of $80,000.00, finds that the property is not needed for municipal purposes and should not be
rezoned, and authorizes Mayor Jordan to sign the Land Sale Agreement, general warranty deed, and
Page t Printed on 314120
File Number.- 2020-0148
Resolution 82-20
any other documents necessary to effectuate this sale.
PASSED and APPROVED on 3/3/2020
Attest: ` JI1911tt/i0
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Kara Paxton, City Clerk Trea-Fe- 5;p S
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Page 2 . Printed on 314120
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0148
Agenda Date: 3/3/2020 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: A. 10
DUKE REAL PROPERTIES LLC:
File Type: Resolution
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SELL APPROXIMATELY 5 ACRES OF
CITY PROPERTY LOCATED AT 2512 SOUTH INDUSTRIAL DRIVE TO DUKE REAL
PROPERTIES, LLC FOR $80,000.00
WHEREAS, Duke Technologies is a Fayetteville headquartered company currently operating on Deane
Solomon Road under a conditional use permit and the move to an 1-2 zoned parcel will allow the company to
operate by right under this zoning classification; and
WHEREAS, Duke Technologies specializes in research and development of alternative fuels wishes to expand
its headquarters and research facilities with the construction of four buildings comprised of an office, laboratory,
shop, and pyrolysis center; and
WHEREAS, the proposed project would lead to the hiring of workers with average wages above the state
and national averages, meets one of the Fayetteville First Plan's targeted industry sectors, Specialized
Technologies, and is supported by the Fayetteville Chamber of Commerce; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Land Sale
Agreement (attached to this Resolution and made a part hereof) for the sale of about 5 acres of City property in
fee simple located at 2512 South Industrial Drive to Duke Real Properties, LLC for the amount of $80,000.00,
finds that the property is not needed for municipal purposes and should not be rezoned, and authorizes Mayor
Jordan to sign the Land Sale Agreement, general warranty deed, and any other documents necessary to
effectuate this sale.
City of Fayetteville, Arkansas Page 1 Printed on 3/4/2020
City of Fayetteville Staff Review Form
2020-0148
Legistar File ID
3/3/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Devin Howland 2/13/2020 ECONOMIC DEVELOPMENT (050)
Submitted By Submitted Date Division / Department
Action Recommendation:
APPROVAL OF A RESOLUTION AUTHORIZING MAYOR JORDAN TO SIGN A LAND SALE AGREEMENT WITH DUKE REAL
PROPERTIES LLC FOR THE SALE OF 5 ACRES OF CITY -OWNED COMMERCE PARK LAND FOR $80,000
Account Number
Project Number
Budgeted Item? No
Does item have a cost?
Budget Adjustment Attached?
Budget Impact:
Current Budget
Funds Obligated
Current Balance
No Item Cost
NA Budget Adjustment
Remaining Budget
Fund
Project Title
I
0
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 3, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Devin Howland, Director of Economic Vitality
DATE: February 11, 2020
CITY COUNCIL MEMO
SUBJECT: SALE OF 5 ACRES OF CITY -OWNED COMMERCE PARK LAND TO DUKE
REAL PROPERTIES, LLC
RECOMMENDATION:
City Staff is recommending approval of a land sale contract with Duke Real Properties LLC, a
facet of Duke Technologies, for the sale of 5 acres of land owned by the City of Fayetteville at
2512 S. Industrial Drive for a purchase price of $80,000.
BACKGROUND:
The property before the City Council for its consideration to sell is five acres of a 24 -acre parcel
(parcel 765-16578-001). This parcel is a part of a larger network of City -owned commerce park
land that is reserved for the purpose of economic development. The City was approached by
Duke Technologies last year, they expressed interest in potentially acquiring the property for
an upcoming expansion.
DISCUSSION:
Duke Technologies is a Fayetteville headquartered company currently operating on Dean
Solomon Road under a conditional use permit. The move to an 1-2 zoned parcel in the
Fayetteville Commerce District brings the opportunity for by -right operation of their business in
an appropriate zoning classification. The company which specializes in research and
development of alternative fuels is in the process of expanding its headquarters and research
facilities. Their new campus will consist of four buildings comprised of an office, lab, shop, and
pyrolysis center.
Other economic factors:
• Current Full Time Employees: 14
• Net New Employment: 14
• Average Salary: $50,000
• Average Hourly Wage: $24
• New Payroll: $700,000+
• Capital Investment into facilities and equipment: $2,500,000
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The average hourly wage of $24 per hour does exceed the minimum living wage for the region.
Staff also wanted to note that a key reason for the company's interest in this specific parcel was
its proximity to the St. Paul Trail.
The attached land sale agreement was reached through negotiations between the City of
Fayetteville and Duke Real Properties LLC. The agreement outlines the sale of approximately
five acres of property at a cost of $16,000 per acre with an option to purchase an additional five
acres within 12 months after the transfer of title.
City Code 34.27 establishes requirements regarding public notice and procedure for the sale of
real property owned by the City of Fayetteville. City staff has performed all necessary public
notification procedures in compliance with the ordinance (documentation attached).
NOTE ON POTENTIAL EDA GRANT:
Duke Technologies interest in the property began months before the Fayetteville Chamber of
Commerce discovered the grant opportunity with the Economic Development Administration. As
stated in the City's recent letter to Duke Technologies, and reflected in the Land Sale
Agreement, if the City does not secure and or the Fayetteville City Council does not approve
acceptance of a grant to build the road in the Commerce District, Duke Technologies shall have
to build the industrial access drive to the south west corner of the parcel- maintaining an original
condition from the City's initial response in August of 2019. The access easement has also been
adjusted from 30-40 feet to accommodate the potential sidewalk added by the City Council.
BUDGET/STAFF IMPACT:
$80,000 in revenue from the sale of the property will be paid to the fund that maintains
ownership of the land.
Attachments:
Land Sale Contract
Offer Letter
City of Fayetteville Response to Offer Letter
Additional Letter from the City of Fayetteville
Letter of Support from the Fayetteville Chamber of Commerce
Proof of Public Notification
Location Map
2
LAND SALE AGREEMENT
THIS LAND SALE AGREEMENT ("Agreement") is made and entered into by and
between the City of Fayetteville, Arkansas, a municipal corporation of the State of Arkansas
(hereinafter "Fayetteville") and Duke Real Properties, LLC, a limited liability organized pursuant
to the laws of the State of Arkansas ("Purchaser").
For valuable consideration, the receipt and adequacy of which are hereby acknowledged,
Fayetteville and Purchaser agree as follows:
TERMS AND CONDITIONS
l.Sale
Subject to the terms and conditions of this Agreement, Fayetteville agrees to sell and
Purchaser agrees to purchase certain real property located in the Fayetteville Commerce District
consisting of approximately five (5) acres as generally shown on the map attached as Exhibit A
and as shall be more particularly described in a survey obtained by Purchaser within thirty (30)
days of execution of this Agreement and approved by Purchaser and Fayetteville (the
"Development Site").
In exchange for the Purchase Price, at the closing, Fayetteville shall execute and deliver a
general warranty deed to Purchaser which shall convey the Development Site to Purchaser subject
to existing easements and rights of way of record.
The Development Site shall be located immediately to the east of a 35 -foot utility easement
in favor of Arkansas Western Gas Company, now known as Black Hills Energy. Fayetteville shall
retain ownership of the land subject to the utility easement and shall grant to Purchaser in the
general warranty deed an easement for ingress and egress at one point along South Industrial Drive.
Access across the utility easement shall be subject to approval by Black Hills Energy or its
successor..
The Development Site shall include access easements in favor of Fayetteville, its
successors and assigns, the general public, and any future owners of the remaining property
identified in the Washington County land records as Parcel Nos. 765-16578-001, 765-15312-001
and 765-16578-000. A 40 -foot access easement shall extend from the northwest corner of the
Development Site to the southwest corner of the Development Site. Fayetteville has applied for a
federal Economic Development Administration grant for the purpose of constructing a road within
the access easement that will connect South Industrial Drive to South City Lake Road. If the grant
is approved, Fayetteville shall bear the entire cost of constructing the road.
If the grant is not approved, Purchaser agrees to construct a driveway to Fayetteville's
specifications from the cul-de-sac at the end of South Industrial Drive along the western property
line to a stub -out at the southwest corner of the Development Site. Construction of the driveway
(including approval by Fayetteville) shall be completed prior to the issuance of a final certificate
of occupancy. Any further driveway extension shall be the responsibility of Fayetteville or the
future developer of the remaining property to the south.
The Development Site may include access easements in favor of Fayetteville, its successors
and assigns, the general public, and any future owners of the Option Land. As a condition to
closing, the parties agree to enter into an agreement pursuant to which Purchaser will grant a 15 -
foot access easement that shall extend from the southwest corner to the southeast corner as shown
in Exhibit A; provided however, if Purchaser shall also purchase the Option Land, such 15 foot
access easement will not be required by Fayetteville.
2. Option to Purchase Additional Property/Right of First Refusal
Purchaser shall have the option to purchase the land owned by Fayetteville immediately
east of the Development Site totaling approximately five (5) acres as generally described on
Exhibit B and as shall be more particularly described in a survey obtained and approved by
Purchaser prior to closing (the "Option Land"). The sale of the Option Land shall be upon the
same terms and conditions and for the same gross purchase price as the Development Site. The
option to purchase the Option Land shall be set forth in a separate Option Agreement to be agreed
upon by Fayetteville and Purchaser prior to closing. The option to purchase shall expire twelve
(12) months after the transfer of title to the Development Site from Fayetteville to Purchaser.
3. Purchase
In consideration of the sale of the Development Site, Purchaser shall pay to Fayetteville at
closing the gross purchase price of EIGHTY THOUSAND DOLLARS ($80,000.00) (the
"Purchase Price") which shall be subject to adjustment as set forth in this Agreement. The
Purchase Price shall be paid as follows:
A. Earnest Money deposit: An earnest money deposit in the amount of TWO
THOUSAND FIVE -HUNDRED DOLLARS ($2,500.00) shall be paid by Purchaser to
Fayetteville at the time this Agreement, signed by Purchaser, is submitted to Fayetteville for
approval (the "Earnest Money"). The Earnest Money shall be held by the title insurance company
selected to issue the title insurance required by this Agreement. If the purchase and sale is
consummated, this Earnest Money deposit shall be applied to the Purchase Price at closing. If
Fayetteville or Purchaser exercises its option to terminate the Agreement pursuant to paragraphs
4, 9 -or 10, this Earnest Money deposit shall be refunded in full. If the transaction is not
consummated for any other reason, the Earnest Money deposit shall be refunded less Fayetteville's
actual incurred out-of-pocket costs, if any, of obtaining the owner's title insurance policy and title
insurance commitment.
B. Balance: The remaining balance of the Purchase Price in the amount of
SEVENTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($77,500.00) shall be paid to
Fayetteville at the closing subject to adjustments as set forth in this Agreement.
4. Closing Date and Place
Closing shall occur within one hundred twenty (120) days following the date this
Agreement has been executed by both parties unless extended by mutual agreement of the parties
in writing. The Closing shall occur at the offices of the title insurance company selected to issue
the title insurance required by this Agreement. In the event that Purchaser shall not have obtained
all approvals necessary for Purchaser's intended use of the Development Site for its facility
including approvals of the large-scale development permit and other plats and approvals by
Fayetteville, Purchaser may defer Closing hereunder during such time as approvals and/or permits
are pending review by Fayetteville or any other reviewing authority. If Purchaser does not receive
such approvals, Purchaser may terminate this Agreement without penalty, being entitled to a return
of its earnest money, or proceed under this Agreement to accept the property without development
plans approved by Fayetteville.
The obligation of Purchaser to close pursuant to this Agreement shall be subject to the
satisfaction of the following conditions precedent to the satisfaction of Purchaser in its discretion:
(a) the survey and legal description of the Development Site, the Option Land, and all easements
required by this Agreement; (b) the terms and conditions of the option agreement with respect to
the Option Land; (c) the terms and conditions of all easements required by this Agreement; (d) the
title insurance and all instruments identified in the title insurance including all liens, restrictions,
easements, rights of way, and other encumbrances affecting the Development Site and the Option
Land; (e) environmental assessments as referenced in this Agreement; (f) any approvals necessary
for Purchaser's intended use of the Development Site for its facility including approvals of the
large scale development permit and other plats and approvals by Fayetteville; (g) the form of the
general warranty deed referenced in this Agreement; (h) the approval of the access granted across
the utility easement referred to in paragraph 1 of this Agreement from Black Hills Energy and any
other necessary persons; (i) any other conditions expressly referenced in this Agreement; 0) the
development plan and construction budget for the completion of the facility for Purchaser's
intended use; (k) financing upon reasonable terms and conditions; and (1) all closing documents
required by the title insurance company or otherwise.
Date of Possession
Possession of the Development Site shall be delivered to Purchaser on the Closing date
free of any tenancies or other third party possessory rights.
6. Title Insurance
Fayetteville shall order a title commitment on the Development Site, as soon as practicable
following the full execution of this Agreement, through a title insurance company selected by
Fayetteville and acceptable to Purchaser. If the report on title, binder or commitment discloses
any defects in title (other than liens or encumbrances of a definite or ascertainable amount which
may be paid at closing), Fayetteville shall have thirty (30) days from the date of Purchaser's notice
of such defects to make a good faith effort to cure such defects and to furnish a report showing the
defects cured or removed. If such defects are not cured within thirty (30) days, Purchaser may
terminate this Agreement or may, at its election, take title subject to any such defects. The cost of
the title insurance commitment and the cost of the owner's title insurance policy shall be borne by
Fayetteville. The cost of any lender's title insurance policy and extended owner's title insurance
coverage shall be borne by Purchaser. The title insurance policy shall be subject to the approval
of Purchaser in its discretion. All easements, rights of way, and other encumbrances shall be
subject to the approval of Purchaser in its discretion.
7. Deed and Other Documents
Prior to the closing of this Agreement, Purchaser shall obtain a survey at its sole cost
containing a legal description of the Development Site as well as the legal description of the access
easements described in Section 1 of this Agreement as shown in the map attached as Exhibit A.
The survey and the legal descriptions shall be satisfactory to Purchaser in its discretion.
On the Closing date, Fayetteville shall convey marketable and insurable title to the
Development Site by general warranty deed, free and clear of all liens, restrictions, and
encumbrances except as provided in this Agreement and approved by Purchaser, subject only to
current real estate taxes, if any (to be apportioned between the parties) and existing easements
approved by Purchaser. Purchaser and Fayetteville shall equally share the cost a reasonable closing
fee imposed by the closing agent employed by parties. The expense of revenue stamps shall be
equally divided between the parties. All recordings fees for the deed and other documents that
need to be filed shall be equally divided between the parties. All other closing costs shall be
allocated between the parties in the same manner as customarily allocated by the title insurance
company to issue the title insurance required by this Agreement.
date.
8. Risk of Loss
Risk of loss as to the Development Site shall remain with Fayetteville until the Closing
9. Purchaser's Due Diligence
Purchaser may enter upon the Development Site to conduct any surveying, testing or
inspection it deems necessary to ensure the Development Site will be appropriate for the
construction and use for its facility. If Purchaser discovers any problems that would adversely
impact its development and use of the Development Site for its facility, Purchaser shall notify
Fayetteville which is granted sixty (60) days to remediate any problem. Fayetteville may also
terminate this Agreement without penalty rather than remediating any problem or issue discovered
by Purchaser. Likewise, if Fayetteville does not remediate the problem to the satisfaction of
Purchaser within the time allowed by this Agreement, Purchaser may terminate this Agreement
without penalty, being entitled to a return of its earnest money, or proceed under this Agreement
to accept the property without resolution of the problem.
10. Large Scale Development Approval
Purchaser shall, at its sole cost and expense, prepare a Large Scale Development plat of
the Development Site and obtain any and all approvals necessary for Purchaser `s intended use of
the Development Site for its facility. Fayetteville shall reasonably cooperate with Purchaser in
Purchaser's request for development approval of its facility. Purchaser must present its
development proposal through the normal City process and follow the Unified Development Code
requirements.
Purchaser may defer Closing hereunder during such time as its Development plat and
approvals are pending review by Fayetteville, and if such are not approved, Purchaser may
terminate this Agreement without penalty, being entitled to a return of its earnest money, or
proceed under this Agreement to accept the property without development plans approved by
Fayetteville.
Purchaser agrees to construct, at its expense, a driveway to Fayetteville's specifications
from the cul-de-sac at the end of South Industrial Drive along the western property line to a stub -
out at the southwest corner of the Development Site. Construction of the driveway (including
approval by Fayetteville) shall be completed prior to the issuance of a final certificate of
occupancy. Any further driveway extension shall be the responsibility of Fayetteville or the future
developer of the remaining property to the south.
Any future purchaser of property owned by Fayetteville to the south or east of the
Development Site shall have the right, at their expense, to construct a driveway for access to their
property through the access easement along the western property line of the Development Site. If
the driveway has already been constructed at the time Purchaser is ready to proceed with its
development, Purchaser shall be responsible for any costs associated with constructing a curb cut
to Fayetteville's specifications for access from the driveway to the interior of the Development
Site or for additional improvements to the driveway. Purchaser shall agree not to block or
otherwise prevent access to the remaining property by Fayetteville or any future owner of property
currently owned by Fayetteville.
11. Compensation to Fayetteville if Development Site is Sold Within 10 Years
Purchaser is aware that the Development Site is being sold by Fayetteville at a discount of
approximately $4,000.00 per acre below its normal selling price. If any portion of the
Development Site conveyed by this Agreement is sold by Purchaser within the first five (5) years
of the date of closing, an independent appraisal of the value of the Development Site shall be
performed to segregate the actual sales price between that allocable to the raw land as acquired by
Purchaser, and that allocable to the improvements subsequently added by Purchaser. Purchaser
shall pay 75% of the increase in appraised value of the raw land of the Development Site (with
prorated sales cost deducted) to Fayetteville. Purchaser shall pay Fayetteville 40% of the increase
in appraised value of the land (with prorated sales costs deducted) for any sales after five (5) years
until ten (10) years from the closing date.
12. Notices
Notices required by this Agreement shall be in writing and shall be delivered to:
Duke Real Properties, LLC
ATTN: Michael D. Ackerson
2434 Deane Solomon
Fayetteville, Arkansas 72703
City of Fayetteville
ATTN: Mayor's Office
113 W. Mountain Street
Fayetteville, AR 72701 72701-6083
13. Authority
Each of the parties represent and warrant that they are authorized to enter into this
Agreement and that execution hereof will bind the entities to this Agreement.
14. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute one and the same agreement.
15. Facsimile
For purposes of executing this Agreement, a facsimile signature shall be as effective an as
actual signature.
16. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State
of Arkansas.
17. Survival
The representations, warranties, and agreements of the parties contained herein shall
survive the closing date.
18. No Waivers
The waiver by either party hereto of any condition or the breach of any term, covenant or
conditions herein contained shall not be- deemed to be a waiver of any other condition or of any
subsequent breach of the same or of any other term, covenant or condition herein contained.
19. Time of Essence
, Time is of the essence in this Agreement.
M. Invalidity
If for any reason any term or provision of this Agreement shall be declared void and
unenforceable by any court of law or equity, it shall only affect such particular tern or provision
of this Agreement and the balance of this Agreement shall remain in full force and effect and shall
be binding upon the parties hereto.
21. Complete Agreement
All understandings and agreements heretofore existing between the parties are merged into
this Agreement that alone fully and completely expresses their agreement. This Agreement may
be changed only in writing signed by both of the parties hereto and shall apply to and bind the
successors and assigns of each of the parties hereto and shall not merge with the deed delivered to
Purchaser at closing.
22. Environmental Assessment
Purchaser may perform such tests and studies as Purchaser may deem necessary or
appropriate to determine the environmental condition of the Development Site, such tests and
studies to include, without limitation, so-called "Phase I" environmental site assessments and such
additional testing, including so-called "Phase II" environmental site assessments, as determined
by Purchaser to be necessary in Purchaser's discretion. As a condition of closing pursuant to this
Agreement, all tests, studies, assessments, audits and reports shall confirm the absence of any and
all forms of environmental surface, subsurface, groundwater and/or other contamination and shall
in all other respects acceptable to Purchaser. Fayetteville hereby represents and warrants to
Purchaser that, to the best of its knowledge, the Development Site is not contaminated with any
chemical, material or substance to which exposure is prohibited, limited or regulated by any
federal, state, county, local or regional authority or which is known to pose a hazard to health and
safety and that the Development Site has never been used for a landfill, dump site, storage of
hazardous substances, or by a manufacturer of any product or for any other industrial use.
Date: a -//-202-U
DUKE REAL PROPERTIES, LLC
By:
teve Byars, Manager
WITNESS:
By:
Date: 3- 3 —�O),O
CITY OF F YETTEVILLE,
ARKANS2 l"1
Y
Li neld Jor ,Mayor
ATTEST:
By:
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Exhibit A
Development Site
Exhibit B
Option Land
DocuSign Envelope ID: 4F2D2B1 E -3138 -4247 -A516 -82A587438409
The Osage Group
ftfts,�RIM Ust° 915N Walton Blvd, Suite A Bentonville, AR 72712
craia@jziveemhull.com 479 273 5454 479 236 1053
8/14/19
The Honorable Lioneld Jordan, Mayor
113 West Mountain
Fayetteville, AR 72703
Dear Mayor Jordan,
As my client's representative, 1 am pleased to submit this letter of intent to purchase a piece of
City owned property in the Fayetteville Commerce District for expansion and consolidation of
corporate offices, laboratories and biofuels research and development. The parent company is
Duke Technologies, a Fayetteville - based company.
The property under consideration is 10 acres of land in the commerce district. Close on
western most five acres by January 2020 @$80,000 and a 12 month option to purchase
the remaining five (5) acres @$80,000.. Parcel # 765-16578-001 2512 S Industrial
Dr. 10 acres out of the 24 acres. The buyer entity will be an Arkansas Limited Liability
Company to be named. A survey will be required at sellers expense. The average price
is $16,000 per acre ($160,000.00 total).
Particular attention is requested regarding the trail system access to the subject property, as the
master plan for the R&D facilities campus will include fitness and worker healthfulness.
Supporting data on the company, preliminary job creation estimates and planned development has
been shared with the staff.
We look forward to executing a formal purchase agreement under the supervision of the City
Attorney, a 90 day due diligence period and closing by years end.
Special thanks are in order to Ms. Chung Tan of your staff and Mr. Steve Clark with -the
Fayetteville Chamber.
Respectfully submitted this 14`' day of August, 2019.
DocuSignnedby:
Rid
Principal Broker
OFFICE OF THE MAYOR
8/19/2019
Craig Hull, CCIM
Principal Broker
The Osage Group
915 N Walton Blvd, Suite A
Bentonville, AR 72712
Dear Mr. Hull,
Thank you for your letter of intent on behalf of Duke Technologies, expressing their interest in purchasing
five acres of City -owned land (Parcel # 765-16578-001 at 2512 S Industrial Drive) by January, 2020, with the
option to purchase an additional five -acres within twelve months.
This City -owned land is reserved for economic -development opportunities and the purchase price of
$16,000 per acre represents a reduction for that purpose. As such, the City will require the buyer to
complete a survey at their expense. We are interested in proceeding by presenting a Land Sale Agreement
to the Fayetteville City Council that will reflect the following conditions:
1. The Development Site shall be located immediately to the east of a 35 -foot utility easement in
favor of Black Hills Energy. The City shall retain ownership of the land subject to the utility
easement and shall grant Duke Technologies one access point along South Industrial Drive. Access
across the utility easement shall be subject to approval by Black Hills Energy;
2. The Development Site shall include access easements in favor of the City of Fayetteville, its
successors and assigns, the general public, and any future owners of the remaining property
identified;
a. A 30 -foot access easement shall extend from the northwest corner of the Development
Parcel to the southwest corner, and a 15 -foot access easement shall extend from the
southwest corner to the southeast corner as shown in Exhibit A.
3. Duke Technologies shall be required to obtain a survey within thirty days of the execution of the
Land Sale Agreement;
4. Duke Technologies shall be required to build a driveway to City specifications within the access
easement from the northwest corner of the Development Parcel to the southwest corner of the
Development Parcel;
5. If the property to the south is purchased and the new owner is ready to develop before Duke
Technologies, that owner may, at its own cost, build the driveway from South Industrial Drive,
through the Duke Technologies property, to other property on the interior of this parcel;
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
6. Duke Technologies will have first right of refusal on the additional five acres owned by the City
immediately to the east of the site for twelve months. The land subject to this right of first refusal is
described as follows:
a. From the northeast corner of the Development Site due south to the southeast corner of
the Development Site then due east to the property line of Parcel No. 765-16578- 001, then
due north to the northeast corner of Parcel No. 765-16578- 001, then due west to the
point of beginning.
7. Compensation to the City of Fayetteville if Development Site is sold within ten years, given the
discount of $4,000 per acre;
8. Other conditions will be included in the Land Sale Agreement.
Land Sale Agreements are subject to approval by the Fayetteville City Council. If a Land Sale Agreement that
is amendable to both parties is signed by Duke Technologies, a minimum of a fifteen -day public notification
period will begin per City of Fayetteville Ordinance 34.27- Sale of Municipally Owned Real Property, before
the item is considered by the Fayetteville City Council.
Since this land is reserved for economic development purposes, can you please provide the following
information:
1. Total payroll of new R&D facility?
2. Capital investment into the new R&D facility is estimated to be $2,000,000, is this correct?
This information will be presented to the City Council when the economic impact of the project is discussed
during their consideration of the Land Sale Agreement.
Lastly, pertaining to your inquiry regarding access to the Saint Paul Trail from the Parcel: a connection that
would cross the existing utility easement will be evaluated during the development review process.
Typically, trail connections are encouraged.
Regards,
45v,cL�� tJ vv 4*7,.,,
Susan Norton
Director of Communications
City of Fayetteville
CC: Don Marr, Chief of Staff
Devin Howland, Director of Economic Vitality
OFFICE OF THE MAYOR
February 3, 2020
Craig Hull, CCIM
Principal Broker
The Osage Group
915 N Walton Blvd, Suite A
Bentonville, AR 72712
Re: City of Fayetteville Commerce Park Land
Dear Mr. Hull,
This letter is a follow up from my previous letter to you on August 19, 2019. 1 wanted to
update you on a potential impact to the commerce park land (Parcel # 765-16578-001
at 2512 S. Industrial Drive) Duke Technologies expressed interest in purchasing last
year.
On January 21, 2020 the Fayetteville City Council authorized City staff to apply for a
grant with the Economic Development Administration which would construct a road
within the Industrial Access Easement shown on the original Exhibit A of the property. I
have attached Resolution 38-20 for your review, which shows this potential road and
sidewalk.
We are also needing to adjust the current access easement of 30 feet to 40 feet to
accommodate this new road.
Should the City receive the grant award from the Economic Development Administration
and acceptance of the grant be approved by the Fayetteville City Council, the City will
construct the road within the access easement on the parcel. In the event the City does
not receive the grant or if the Fayetteville City Council does not vote to accept the grant,
Duke Technologies shall be required to build a driveway to City specifications within the
access easement from the northwest corner of the Development Parcel to the
southwest corner of the Development parcel, per condition four of our letter to you on
August 19, 2019.
If you are agreeable to these alterations, please let us know and we will work with the
City Attorney's Office to reflect these revisions in the Land Sale Contract. All other
conditions outlined in our response letter remain in effect.
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
Land Sale Agreements are subject to approval by the Fayetteville City Council. If a Land
Sale Agreement that is amenable to both parties and is signed by Duke Technologies, a
minimum of a 15 -day public notification period will begin per City of Fayetteville
Ordinance 34.27- Sale of Municipally Owned Real Property, before the item is
considered by the Fayetteville City Council.
Regards,
Susan Norton
Chief of Staff, City of Fayetteville
CC: Blake Pennington, Assistant City Attorney
Devin Howland, Director of Economic Vitality
Attachments: Resolution 38-20
Exhibit A
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 38-20
File Number: 2019-0897
ECONOMIC DEVELOPMENT ADMINISTRATION:
A RESOLUTION TO AUTHORIZE AN APPLICATION FOR AN 80/20 MATCHING GRANT FROM
THE ECONOMIC DEVELOPMENT ADMINISTRATION IN THE AMOUNT OF $2,225,268.00 FOR
THE CONSTRUCTION OF A ROAD FROM INDUSTRIAL DRIVE TO CITY LAKE ROAD, AND
TO AUTHORIZE MAYOR JORDAN TO SIGN A FUNDING COMMITMENT 'LETTER
CONFIRMING THAT THE CITY HAS MATCHING FUNDS AVAILABLE IN THE AMOUNT OF
$556,317.00
WHEREAS, the construction of a road from Industrial Drive to City Lake Road, at a total estimated
cost of $2,781,585.00, would allow a significant amount of landlocked City property in the Commerce
District to be developed; and
WHEREAS, the Fayetteville Chamber of Commerce, working with the Northwest Arkansas Economic
Development District, has identified an 80/20 matching Economic Development Administration grant for
which the City can apply; and
WHEREAS, staff recommends utilizing Economic Development Bond funds approved by Fayetteville
voters for the City's 20% match in the estimated amount of $556,317.00; and
WHEREAS, the Economic Development Administration requires a funding commitment letter to be
included in the grant application stating the City's matching funds are available, unencumbered, and
dedicated to this project in the event the City is awarded the grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1 Printed on 1122!20
File Number. 2019-0897
Resolution 38-20
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes an application
for an 80/20 matching Economic Development Administration grant application for $2,225,268.00 for the
construction of a road and sidewalk from Industrial Drive to City Lake Road with the 20% match to
be funded by City of Fayetteville economic development bond funds.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to
sign a funding commitment letter that will be included in the grant application stating that the City's
matching funds in the amount of $556,317.00 are available, unencumbered, and dedicated to this project
in the event the City is awarded the grant.
PASSED and APPROVED on 1/21/2020
Page 2
Attest:
K
��\,.•' GIT Y � ;,4J!.%
.�
Kara Paxton, City Clerk Treash FAYf1?EV,LLE: z=
. -q NS P5 , `-I'
Citi ••...•.
,C Ni Co
Printed on 1122120
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0897
Agenda Date: 1/21/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 3
ECONOMIC DEVELOPMENT ADMINISTRATION:
A RESOLUTION TO AUTHORIZE AN APPLICATION FOR AN 80/20 MATCHING GRANT FROM
THE ECONOMIC DEVELOPMENT ADMINISTRATION IN THE AMOUNT OF $2,225,268.00 FOR
THE CONSTRUCTION OF A ROAD FROM INDUSTRIAL DRIVE TO CITY LAKE ROAD, AND TO
AUTHORIZE MAYOR JORDAN TO SIGN A FUNDING COMMITMENT LETTER CONFIRMING
THAT THE CITY HAS MATCHING FUNDS AVAILABLE IN THE AMOUNT OF $556,317.00
WHEREAS, the construction of a road from Industrial Drive to City Lake Road, at a total estimated cost of
$2,781,585.00, would allow a significant amount of landlocked City property in the Commerce District to be
developed; and
WHEREAS, the Fayetteville Chamber of Commerce, working with the Northwest Arkansas Economic
Development District, has identified an 80/20 matching Economic Development Administration grant for which
the City can apply; and
WHEREAS, staff recommends utilizing Economic Development Bond funds approved by Fayetteville voters
for the City's 20% match in the estimated amount of $556,317.00; and
WHEREAS, the Economic Development Administration requires a funding commitment letter to be included in
the grant application stating the City's matching funds are available, unencumbered, and dedicated to this
project in the event the City is awarded the grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes an application for an
80/20 matching Economic Development Administration grant application for $2,225,268.00 for the
construction of a road and sidewalk from Industrial Drive to City Lake Road with the 20% match to be funded
by City of Fayetteville economic development bond funds.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign a
funding commitment letter that will be included in the grant application stating that the City's matching funds in
City of Fayetteville, Arkansas Page 1 Printed on 1/22/2020
File Number. 2019-0897
the amount of $556,317.00 are available, unencumbered, and dedicated to this project in the event the City is
awarded the grant.
City of Fayetteville, Arkansas Page 2 Printed on 1/228020
OFFICE OF THE MAYOR
January 22, 2020
Mr. Jorge Ayala, Regional Director
Economic Development Administration
Austin Regional Office
903 San Jacinto Blvd, Suite 206
Austin, TX 78701-4037
Dear Mr. Ayala:
Re: Availability of Local Matching Funds
I am writing to affirm that the City of Fayetteville has $556,317.00 in matching funds available,
unencumbered, and dedicated for the grant in which we are applying for through the Economic
Development Administration.
These funds will be utilized as detailed in the grant proposal. Should you have any further
questions regarding the matching funds, please do not hesitate to contact me.
Sinc ly,
Lioneld Jc
Mayor
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
City of Fayetteville Staff Review Form
2019-0897
Legistar File ID
1/21/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Devin Howland 12/31/2019 ECONOMIC DEVELOPMENT (050)
Submitted By Submitted Date Division / Department
Action Recommendation:
APPROVAL OF A RESOLUTION AUTHORIZING MAYOR JORDAN TO APPLY FOR AN 80/20 MATCHING GRANT WITH
THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR $2,084,720 AND SIGN A FUNDING COMMITMENT LETTER
FOR QUESTION SIX BOND FUNDS.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact: ,
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance I $ -
Item Cost
Budget Adjustment
Remaining Budget
D
V20160321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 21, 2020
TO:
Mayor and City Council
THRU:
Don Marr, Chief of Staff
FROM:
Devin Howland, Director of Economic Vitality
DATE:
December 30, 2019
CITY COUNCIL MEMO
SUBJECT: A Resolution authorizing Mayor Jordan to apply for an 80/20 matching
grant with the Economic Development Administration and sign a funding commitment
letter for question six bond funds.
RECOMMENDATION: —
Staff is recommending approval of a resolution authorizing Mayor Jordan to apply for an 80/20
matching grant with the Economic Development Administration (EDA) and sign a funding
commitment letter.
BACKGROUND:
The Fayetteville Chamber of Commerce, as the City's economic development contractor, has
identified the lack of "shovel ready" parcels as a key challenge for the past several years,
particularly within our Commerce District. Staff concurs with the challenge, as many other
shovel ready parcels exist and continue to be developed throughout the region in other
municipalities, available City owned sites in the commerce district have become increasingly
limited.
City -owned land in the Commerce District is reserved for the purpose of economic
development. This land is for sale at $20,000 an acre to existing businesses looking to expand
in Fayetteville or new businesses considering locating here. One major benefit of municipally
owned land within the commerce park, is the ability to reserve this land for projects which offer
employment opportunities that meet a living wage and align with our targeted industry sectors,
outlined in the Fayetteville First Economic Development Plan.
In the past, staff reviewed several requests to extend Borick Drive between S. City Lake Road
and S. Armstrong, two challenges were identified:
1. Cost: the 4,004 L.F. road would have cost an estimated $3.5M
2. Environmentally Sensitive areas: Parcel: 765-16578-000 (13.1 acres) and Parcel: 765-
15271-000 (10.5 acres)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
However, the Fayetteville Chamber of Commerce and City staff have identified a unique
opportunity to open a significant amount of land locked City -owned commerce park land and
negate both previously identified concerns.
DISCUSSION:
The Fayetteville Chamber of Commerce, working with the Northwest Arkansas Economic
Development District, has identified a pool of Economic Development Administration funding
which Fayetteville can apply for. Traditionally, EDA grants are not eligible in Fayetteville given
the City not meeting guidelines given job totals and income ranges.
The grant request is to construct 2,472 L.F. of road from Industrial Drive to City Lake Road at
the following cost breakdown:
ITEM
COST
Construction
$2,200,000
Engineering
$330,000
NWAEDD Administrative Fee
$75,900
Total Grant Ask
$2,605,900
City of Fayetteville 20% Contribution
$521,180
EDA 80% Contribution
$2,084,720
City of Fa etteville's cost per foot
$210.83
The City of Fayetteville's cost is $521,180, representing 20% of the project cost. Staff is
recommending utilizing Question 6 "Economic Development" Bond funding to cover the City's
portion for the match. The amount represents 16% of the total Question 6 funds, ensuring the
remaining 84% of the funds can be utilized for workforce development and job skill training
opportunities, as outlined in the ordinance. If the grant is awarded, the City would receive
$2,084,720 from the Economic Development Administration.
As depicted in Exhibit A (attached) the proposed road would travel south off the cul-de-sac on
Industrial drive for roughly 1,250 feet, then turns west and goes roughly 1,100 feet connecting
with S. City Lake Road. Staff reviewed eight different alignment options and chose the proposed
alignment for the following reasons:
1. Primarily benefits City -owned Commerce Park Land;
2. Does not go near environmentally sensitive areas to the east;
3. Opens roughly 46 acres of City -owned Commerce Park Land.
The City of Fayetteville will also be conducting an environmental impact analysis before
applying for the grant- given the proximity to environmentally sensitive areas and to meet
guidelines set forth by the Economic Development Administration.
The Economic Development Administration also requires a funding commitment letter to be
included in the grant application (Exhibit B) stating funds are available in the event of being
awarded the grant.
BUDGET/STAFF IMPACT:
If the grant is awarded the City of Fayetteville will be responsible for $521,180 in Question 6
"Economic Development" Bond Funds.
The Environmental assessment which will be conducted as part of the grant submission will cost
$12,000. In the event of the grant not being awarded, staff feels there is a great deal of value in
having this environmental assessment completed given on-going efforts to recruit new
employers to our commerce district.
Attachments:
Exhibit A: Road Alignment Map
Exhibit B: Draft Funding Commitment Letter
Exhibit C: Environmental Narrative Requirements
Exhibit D: Preliminary Engineering Report Requirements
Exhibit E: Chamber of Commerce Letter of Support
Exhibit F: Flood Plain Map
IN
OFFICE OF THE MAYOR
January 21, 2020
Mr. Jorge Ayala, Regional Director
Economic Development Administration
Austin Regional Office
903 San Jacinto Blvd, Suite 206
Austin, TX 78701-4037
Availability of Local Matching Funds
Dear Mr. Ayala':
I am writing to affirm that the City of Fayetteville has $521,180 in matching funds available,
unencumbered, and dedicated for the grant in which we are applying for through the Economic
Development Administration.
These funds will be utilized as detailed in the grant proposal. Should you have any further
questions regarding the matching funds, please do not hesitate to contact me.
Last Updated January 23, 2014 EDA Environmental
Narrative Requirement
Environmental Narrative Requirements
The National Environmental Policy Act (NEPA) requires Federal agencies to assess the expected
environmental impacts associated with proposed federal actions. Per EDA Directive 17.02-2; EDA must
ensure that "proper environmental review of program activities takes place, that there is a proper balance
between the goals of economic development and environmental enhancement, and that adverse
environmental impacts are mitigated or avoided to the extent possible".
In order to comply with NEPA requirements, the applicant must submit, in its application package,
information detailing the present environmental condition of the project area and how the project will
impact environmental resources in and around the project area.
The Applicant must provide detailed, comprehensive information for the:
1. site(s) where the proposed project facilities will be constructed and the surrounding areas affected
by its operation; and
2. areas to be affected by any primary beneficiaries of the project.
The information submitted must be sufficient to evaluate all reasonable alternatives to the proposed
project, the direct and indirect environmental impacts, as well as the cumulative impacts on the
environment as defined in the Council on Environmental Quality (CEQ) regulations for implementing
NEPA set out at 40 C.F.R. 1500-1508. The level of detail should be commensurate with the complexity
and size of the project, and the magnitude of the expected impact. Relevant, recently completed
environmental impact documentation (assessments, impact statements, etc) for activities in the region in
which the proposed project will be located may be included along with the environmental narrative.
Applicants must provide information on all the items identified below in their application for EDA
assistance. Applicants must provide a detailed explanation for any area in which the applicant asserts that
an item is not applicable to a project. Applicants are encouraged to contact their designated Economic
Development Representative or the applicable EDA Regional Environmental Officer with questions
(please see the EDA website for contact information).
Several issues discussed in the environmental narrative below may require consultation with other State
or Federal agencies before EDA's final approval of an award (for example, the State Historic
Preservation Agency or the U.S. Fish and Wildlife Service). While EDA does not require that
applicants complete such consultations before submitting an application, applicants should be
aware that in the event their project is selected for funding, the applicant will be expected to
proceed with consultations in an expeditious manner. EDA expects applicants to be prepared to
submit all required information to the appropriate agencies upon receipt of a Non -Binding
Commitment letter.
APLLICANTS MUST PROVIDE INFORMATION ON THE FOLLOWING ITEMS IN THE
ENVIRONMENTAL NARRATIVE:
Note: Applicants must provide all information requested below. Although EUA strnngl), recommends following theformat
of ibis template, other formats will be acceptedprnvided that the narrative contains all. required information.
Last Updated January 23, 2014 EDA Environmental
Narrative Requirement
A. BENEFICIARIES.
Identify any existing businesses or major developments that will benefit from the proposed
project, and those that will expand or locate in the area because of the project.
B. PR=CT.DESCRIPTION
1. Proposed Construction
Describe the project construction components in detailed, quantifiable terms. Describe the
project location, proposed construction methods, and schedule. Sutnmari2e the environmental
resources that would be impacted by the project. See the mock example below for the level of
specificity expected by EDA:
The Crty of i r proposing to construct a 3.0 -inch (in) water kne which would be
constructed within an exiling SO foot City of right-of-way (ROW) and measure 1,220
linear feet (N. The project is located witlrin Township 39N, Range 10E, Section 24 in the City of
County, [[[SlateJJ�: The projecl would be constructed over a three-month period
from April June 2011. Construction of this pmject would entail trenching a 1 ft wide by 3 ft. deep ditch
and ilidaft the 30 -in. pipe within the existing ROW. Total land disturbance will be 2.1 acres.
The construction 4?1449 arra would be located entitely within the existing'ROW. Best Management
J%i&6e (BMP) would be implemented including the inslallalion of straw bales and silt fences to
minimize impacts to storm water. Consftvatvn would only occur from 7 am -5 pm to minimize noise
impacts in the project areas. Minor maintenance would occur during the operation of the waterline, but
would not entail arryground disturbing actiirifici: The waterline would birect a paluffrihe emergent
wetland in two placer and result in the impact of 0.10 acre of wetland.
As an exhibit to this Narrative, provide a topographical map of the project area and a site map
(with legends) displaying the project location and boundaries, existing and proposed project
components and location of all sites and/or companies benefiting from the proposed project.
The documents should be of sufficient clarity for adequate interpretation of the Applicant's
intentions.
2. Alternative to the Proposed Project
Provide a detailed description of alternative actions that were considered during the project
planning but were not selected (e.g., alternative locations, designs, other projects having similar
benefits, or a "no project" alternative). Explain why this project/site was selected as the preferred
alternative with respect to other choices. Provide detail on why others alternatives were rejected
(e.g. did not meet the purpose and need of the project, implicated more environmental impacts
than the proposed action).
3. Mitigation
Describe methods to be employed to reduce adverse impacts from construction, such as noise,
dust generation, soil erosion, and'siltation. List all mitigation measures that would be
implemented to minirnize impacts to environmental resources from project implementation.
C. HIST.ORIC/ARCHEOLOGICAL RESOURCES
Identify any known historic/archeological resources within the project site(s) or area of potential
effect that are either listed on the National Register of Historic Places or considered to be of local
or State significance and perhaps eligible for listing on the National Register. Discuss the
potential impacts of the project on culturally significant resources and provide a determination as
2
0
Last Updated January 23, 2014 EDA Environmental
Narrative Requirement.
to whether there will be: no historical properties/culture resources present; no historical
properties/culture resources adversely affected; or historical properties/culture resources
adversely impacted.
Provide a list of Tribal Historic Preservation Officers (THPO), Tribal Leaders, and other
interested parties to be consulted with, as well as any comments already obtained from these
parties. This can be obtained from the State Historic Preservation Officer (SHPO), Native
American organizations, or online. The National Association of Tribal Historic Preservation
Officers maintains a database of currently recognized THPOs. In addition, the Advisory Council
on Historic Preservation (ACHP) and the National Park Service both has information on
THPOs.
Applicants will be required to provide the relevant SHPO with information about the project and
request that the SHPO submit comments on the proposed project to the appropriate EDA
Regional Office prior to final approval of any award. Note that the applicant is not required
to contact the SHPO until directed to do so by EDA. If comments from the SHPO have
already been received, they should be attached along with copies of the information provided to
the SHPO, The following information will be required for the SHPO to review the project:
a. a narrative description of the project's elements and its location;
b. a map of the area surrounding the•project, which identifies the project site,
adjacent streets and other identifiable objects, and the Area of Potential Effect;
C. line drawings or sketches of the project;
d. photographs of the affected properties if building demolition or renovation is
involved; and
e. an archeological survey and report if one has been prepared.
D. AFFECTED131MRONMEN T':
For the resource areas identified below, indicate potential direct, indirect, and cumulative impacts
from proposed project activities and specify proposed measures to mitigate probable impacts.
1. Affected Area
Describe the general project area, including topography, historic land usages, unique geological
features, and economic history. Provide site photographs if available.
2. Shorelines, Estuaries, Beaches and Dunes
Identify any shorelines, beaches, dunes, or estuaries within or adjacent to the project site(s).
Indicate whether the project is located within a designated coastal zone subject to the Coastal
Zone Management Act. Information on coastal zone boundaries is available on the National
Oceanic and Atmospheric Administration's (NOAA) website at www:noa`a.g0k., Also indicate if
there are any proposed overwater structures that could impact navigable waters.
3. Wetlands
Identify any wetlands within or adjacent to the project site(s). If available, provide an on-site
wetland/waters delineation performed in accordance with the 1987 (or current version) U.S.
3
Last Updated January 23, 2014 EDA Environmental
- Narrative Requirement
Army Corps of Engineers Wetland Delineation Manual, as amended. If the delineation has
received a preliminary or final Jurisdictional Determination from the U.S. Army Corps of
Engineers (USACE), please provide the determination. Provide a determination of effects
including the amount of jurisdictional waters affected by type (e.g. 1.1 acres of palustrine
emergent wetlands would be impacted by the proposed project).
If wetlands, streams, or navigable waters may be impacted, it is recommended that Applicants
contact USACE concerning any jurisdictional waters resources. Include any correspondence or
comments from USACE related to the project's impacts as an exhibit to the environmental
narrative as part of the application for EDA assistance.
4. Floodplain
Provide a FEMA floodplain map (with the map number and effective date) displaying the project
location and boundaries, existing'and proposed project components, and location of all sites
and/or companies benefiting from the proposed project. The document should be of sufficient
clarity for adequate interpretation of the applicant's intentions. Floodplain maps can be viewed
and printed from FEMA's website at vvww;fetiia my: If FEMA floodplain maps do not exist in
the project area, provide a letter from a Professional Engineer regarding the presence or absence
of a 100 -year flood plain. The narrative should also indicate whether the Applicant's community
participates in the National Flood Plain Insurance Program.
5. Vegetation and Wildlife Resources
Identify native vegetation and wildlife found in the project area or its immediate vicinity.
Describe the amount and type of vegetation in the project area and indicate the impact to
vegetation if removed (e.g., 1.2 acres of early successional native hardwood forest).
Identify any designated State and National Parks, National Wildlife Refuges, or National Game
Preserves located on or in the vicinity of the proposed project activities.
Identify any Wilderness Areas, as designated or proposed under the Wilderness Act, or wild or
scenic rivers, as designated or proposed under the Wild and Scenic Rivers Act, that are located on
or in the vicinity of the proposed project activities.
6. Endangered Species
Provide a list of all threatened, endangered, and candidate species located in the project area and
its immediate vicinity. Identify these species' potential or existing habitat, and critical habitat
designations in the project area. Critical habitat designations and lists of protected species by
county are generally available on the U.S. Fish and Wildlife Services (USFWS) website. If an
Effect Determination or Biological Assessment has been completed for any of the species listed,
please provide them. Applicants may refer to the most recent USFWW Endangered Species
Consultation Handbook for effect determination definitions.
Applicants should include any correspondence with the USFWS that exists related to their
proposal for EDA investment assistance as an exhibit to the Environmental Narrative. For
projects with possible impacts to marine/coastal species, provide and correspondence with the
National Marine Fisheries Service (NMFS).
7. Land Use and Zoning
Describe the present formal zoning designation and current land use of the specific project site
and adjacent land parcels. The areas include: the site of construction activities, adjacent areas,
4
Last Updated January 23, 2014 EDA Environmental
Narrative Requirement
and areas affected by the primary beneficiaries. Land uses to be considered include, but are not
limited to, industrial, commercial, residential, agriculture, recreational, woodlands, tnines/quarries,
and open spaces. Please indicate if the project is located entirely within a city limit.
Identify agriculture land parcels designated as "prime/unique agriculture lands" by the U.S.
Department of Agriculture (USDA) under the Federal Farmlands Protection Act or a local
equivalent. Additional information may be found at the USDA's Natural Resources
Conservation Service website.
8. Solid Waste Management
Indicate the types and quantities of solid wastes to be produced by the project facilities and
primary beneficiary. Describe local solid waste collection and disposal methods and the expected
useful life of the disposal facility.
Indicate if recycling or resource recovery programs are currently being use or will be used in the
future.
9. Hazardous or Toxic Substances
Describe any toxic, hazardous, or radioactive substances that will be utilized or produced by the
proposed project facilities and primary beneficiaries.
Describe the manner in which these substances will be stored, used, or disposed.
Complete and sign one "Applicant Certification Clause" for each co -applicant (see Appendix A).
If a recent Phase I of Phase II Environmental Site Assessment has been performed, please
provide a copy.
10. Water Resources
Describe surface and underground water resources at or near the project site(s) and any impacts
of the project to these. If groundwater will be used, is the aquifer in overdraft and /or
adjudicated? If there will be discharges to surface water, is the receiving surface water body listed
on the U.S. Environmental Protection Agency's (EPA) Section 303(d) list of impaired waters? Is
a National Pollution Discharge Elimination System (NPDES) permit required for any discharges
to surface waters? Indicate if the proposed project is located within an area mapped by the EPA
as sole source aquifer recharge area (maps and further information are available on EPA's website
at www:.e1 a,g Describe any induced changes in local surface water runoff patterns, and the
status of storm water discharge permit processes (if applicable).
11. Water Supply and Distribution System
Indicate the source, quality, and supply capacity of local domestic and industrial/commercial
water resources, and the amount of water that project facilities and primary beneficiaries are
expected to utilize. Applicants should note whether the water that is being supplied is in
compliance with the Safe Drinking Water Act, and if not, what steps are being taken to ensure
compliance.
12. Wastewater Collection and Treatment Facilities
Describe all domestic class or process wastewater or other discharges associated with the project
facilities and its primary beneficiaries, and the expected composition and quantities to be
discharged either to a municipal system or to the local environment.
Describe the wastewater treatment facilities available for processing the additional effluent and
indicate their design capacities and current loading (both daily average and peak), and their
adequacy in terms of degree and type of treatment required. Indicate all discharges that will
Last Updated January 23, 2014 EDA Environmental
_ Narrative Requirement
require' on-site pre-treatment. Applicants should note whether the wastewater treatment plant is
in violation of the Clean Water Act, and if so, what steps are being taken to ensure compliance.
If local treatment and sewer systems are or will be inadequate or overloaded, describe the steps
being taken for necessary improvements and their completion dates.
13. Environmental justice (Executive Order 12898)
Applicants should describe whether the proposed project will result in disproportionate adverse
human health or environmental impacts relative to minority and low income populations.
Sufficient detail should be provided to enable EDA to determine whether the project will comply
with Executive Order 12898.
14. Transportation (Streets, Traffic and Parking)
Briefly describe the local street/road system serving the project site(s) and describe any new
traffic patterns that may arise because of the project. Indicate if land use in the vicinity, such as
residential, hospital, school, or recreational, will be affected by these new traffic patterns.
Indicate if any existing capacities of these transportation facilities will be exceeded as a direct or
indirect result of this project implementation, particularly in terms of car and truck traffic, and
what the new Level of Service designation will be.
15. Air Quality
Indicate types and quantities of air emissions (including odors) to be produced by the project
facilities and its primary beneficiaries, and any measures proposed to mitigate adverse impacts.
Indicate the impact that the project would have on greenhouse gas emissions.
Is the proposed project site classified as a "non -attainment" area for any criteria pollutants? If so,
what are those pollutants? Indicate any local topographical or meteorological conditions that
hinder the dispersal of air emissions.
16. Noise Pollution
Will operation of project facilities or primary beneficiaries' facilities increase Iocal ambient noise
levels? If yes, indicate the estimated levels of increase, and the areas and sensitive receptors (e.g.,
residences) to be affected.
17. Permits ,
Identify any Federal, State, or local permits of an environmental nature needed for the project
(e.g., USACE, US Environmental Protection Agency (EPA), Coastal Zone
Management/Shoreline Management, Air Quality, State Environmental Policy Act, NPDES, etc.)
and the status of any such permits. Attach copies of any such permits and all associated
correspondence, including the permit applications.
18. Public Notification/Controversy
Provide evidence of the community's awareness of the project, such as newspaper articles or
public notification and/or public meetings, as applicable.
If a formal public hearing has been held, attach a copy of the transcript.
Fully describe any public controversy or objections which have been made concerning this
proposed project and discuss steps taken to resolve such objections.
6
Last Updated January 23, 2014 EDA Environmental
Narrative Requirement
19. Direct, Indirect, and Cumulative Effects
Please list projects (public and private) that have occurred or will occur in the past, present, and
future in and around the project area that could result in significant cumulative or indirect
impacts when considered in aggregate with the proposed EDA project. Cumulative impacts
result from the incremental impacts of a proposed action when added to other past, present and
reasonable foreseeable future actions (40 C.F.R. Section 1508.7). Indirect impacts are those that
are caused by a proposed action, but that may occur later in time or farther removed in distance,
relative to the primary impacts of the proposed action (40 C.F.R Section 1508.7)
Applicants should identify the direct and indirect effects of the proposed action; which resources,
ecosystems, and human communities are affected; and which effects on these resources are
important from a cumulative effects perspective.
7
Last Updated January 23, 2014 EDA Environmental
Narrative Requirement
E. LIST OF ATTACHMENTS
The following checklist is a list of required and optional attachments to the Environmental
Narrative as described in the sections above. The items listed in the optional section may be
required by EDA at a later date to complete the project review and selection process, so it is
recommended that you provide them now if they are currently available to expedite decision-
making. While the documents listed below are the most common required to make
determinations of compliance with all environmental requirements, EDA reserves the right to
request additional items that are not listed below when necessary.
Applicants are not required to contact other governmental agencies for environmental or
historical resources consultation until directed by EDA, though any interagency coordination
letters that may be currently available should be provided. EDA expects that all Applicants
whose projects are selected for a Non -Binding Commitment letter wiMproceed with
consultations in an expeditious manner. As such, Applicants should have the required
information prepared for submission immediately upon notification of selection by EDA.
If you determine that your project may affect environmental or historical resources, you may
contact the appropriate Regional Environmental Officer to determine if early interagency
consultation is appropriate.
Checklist of Required Environmental Documents that must be submitted with Applica
oUSGS topographic map(s) and site map(s) (see Section B1)
o FEMA floodplain map with map number (see D4)
oAppendix A: Applicant Certification Clause (See D9)
thecklist of Optional knii nitental Docugieht!§ thA should be'siiyIbitted with Abi&Ation if
available (will expedite review and selection pocess)--
o SHPO/THPO and Tribal leader comments and copy of submittals (see Section C)
o Site photographs (see Section DI) .
o Coastal Zone consistency determination (see D2)
o Wetland delineation and/or Jurisdictional Determination (see 133)
oPreliminary wetland info (see D3)
o U.S. Army Corps of Engineers comments, Section 404 Permit, Section 10 Permit, and/or
Water Quality Certification (401 approval) (see D3)
o Biological Assessment and/or survey for federally protected species (see D6)
o Correspondence with US Fish and Wildlife Service and/or National Marine Fisheries
Service (see 136)
o Natural Resources Conservation Service determination of Prime Farmland, Form AD -
1006, if applicable (see D7)
oPhase I and Il Environmental Site Assessment (see 139)
o Sole Source Aquifer review by US Environmental Protection Agency, if applicable (see
D10)
o Other federal, state and local environmental permits (see D17)
o Copies of public notices, public hearing minutes, etc. (see D18)
8
Last Updated January 23, 2014 EDA Environmental
Narrative Requirement.
All References refer to applicable Environmental Compliance section of Form ED -900, App/rcin[ibn for
EDA Assistance. Applicants should carefully review the applicable FFO for unique requirements for each
individual grant competition.
0
Last Updated March 3, 2013 EDA 1'relimisrary_ Eri�iiieeiri�g;Repon Regriiremems
Overview
EDA is required to complete an engineering review for all construction and design projects before
making an award. FDA's Application Form (Form ED-900,Ap�/ieptfon forEDAAsszctanee) and
related forms require Applicants to provide key information about the proposed construction and
design projects to enable EDA to compete its requisite reviews.
All applications for construction and design assistance must complete the Preliminary
Engineering Report (PER). The following outline provides more detailed information on these
requirements in order to assist Applicants in preparing their application.
Preliminary Engineering Report Requirements
In order to be considered for assistance, all construction and design applications must include a PER
that at a minimum provides the following information:
1. ..�esetilition of:Projet Comioiies:-Provide a general description of all project components
involved in the project. Indicate where the project involves the construction of new facilities or
the renovation or replacement of existing ones. Describe each of the project components in
terms of dimensions, quantities, capacities, square footage, etc..
2.-. i ...: T .-......:.:...:. -..... ;
_....:.....r... :.......
.1 •statement::'vetYFvttsr;the�nrnreefrmm�?�nnntc rTpci-nho�i t'tn:'tii'P Pi?titn�sPri�n�..ianAt•r+neo ri»:c�c�a:l.
Engineering reports that describe project components that are inconsistent with the EDA
investment project description in Section A.2 of Form ED -900 will not be considered valid.
3.-Sketehes of's6ietriarics':sN6w-4 Eth general+ lavogf`anil'lbca r
B:5`'of Form ED`900:ili4ti iovii3e'&—hbinic jastlfication fo= the pjiect ' f_a_nv Rough
dimensions and quantities for major project components should be shown and labeled on the
drawings. Drawings should clearly identify the project components that are being proposed.
Applicants are encouraged to clarify such drawings, for example, through color coding, labeling,
and other appropriate methods.
4. .A fe;fs!W*- iliiy of the project, including a review of the existing
conditions and noting particular features, alignments, and. events affecting construction of
project components.
5. The proposed:method.otconstbiction Indicate whether construction procurement shall be
done through competitive bid or other method. Indicate if any portion of the project is to be
done by design/build, construction management at risk, by the applicant's own forces, or
whether a third party construction.manager will be used. If an alternate construction
procurement method (other than traditional design/bid/build with sealed competitive bid
process) is proposed, a construction services procurement plan must be provided to EDA for
approval in accordance with EDA's regulation at 13 C.F.R. 305.6(x).
6. The number of construction. confracts'aritici�. If multiple contracts are proposed, provide a
description of the project components included in each contract. If separate contracts are
Last Updated March 3, 2013 EDA Preliminary Engineering Repod Requirements
anticipated for demolition or site work, the budget information cost classification should reflect
the estimated costs for these components. If project phasing is proposed, a project phasing
request must be provided to EDA for approval per EDA's regulation at 13 C.F.R. 305.9(a).
7. :A cutre it detailed-constructib eosi estiixiate.for eachof ihe;project components, showing
quantities, unit prices, and total costs. Provide a basis for the determination of construction
contingencies.
8. '&khd-bqdz9t"&s.cogtJ.foz zeal prii i rt ctju sii on; the A i ilicant fihoulii �iicl'iide a currerif:
faii marker value ap�raisal completed by a certified appraiser for the property to be purchased.
9. :i1 lisfof all 'petrrits zeiuired for their�icised ptiijeei a»d fheiur'cuierit stafus. Identify all
permits required; include the timeline to obtain the permits and discuss how the permitting
relates to the overall project schedule. If the project crosses a railroad tight -of -way or is within a
railroad right-of-way, provide an explanation of any permitting or approvals that may be
required from the railroad or other authority and the timeframe for obtaining these permits or
approvals.
10. •Ari o'Se6ll estiniateii �roj&i •sal edulb, including the number of months for each of the
following:
i. design period;
ii. period of time to obtain required permits;
iii. period of time to obtain any required easements of rights-of-way;
iv. solicitation of bids and awarding of contracts, and
V. construction period.
9KR�RqMEM
F A Y E T T E V I L L E
December 31, 2019
Mayor'Lioneld Jordan
Fayetteville City Council
113 W. Mountain St.
Fayetteville, AR 72701
Dear Mayor Jordan and Council Aldermen,
I strongly support the submission of the Federal Grant application through the Northwest Arkansas
Economic Development District for a road extension in the Commerce District. This grant for $2,605,900
will only require a 20% match by the City or $521,180. The Economic Development bond's first use will
generate an immediate 500% return and open over 40 acres for small to medium scale light manufacturing
facilities in Fayetteville.
The Chamber requests approval of the resolution to
• Apply for the grant
Mayor Jordan to sign a funding commitment letter
Conduct Environmental Study
The estimated costs are listed below
• Construction: $2,200,000
• Engineering (15%): $330,000
• Administrative/NWAEDD (3% of Construction and Engineering): $75,900
• Total Grant Ask: $2,605,900
• City of Fayetteville 20% Match: $521,180
This project supports the City's economic development goals as outlined in our contract. The type jobs
typical of the Commerce District pay well above the City average and therefore improves the standard of
living for all Fayetteville and Northwest Arkansas residents. By creating the opportunity for expansion in
the Commerce District, we also create access to higher paying jobs for our citizens who live nearby. This
project contributes to the sustainability of a manufacturer base in Fayetteville.
Thank you for your consideration,
Steve Clark
President and Chief Exectutive Officer
Fayetteville Chamber of Commerce
21 W. Mountain St., Ste. 300 72701
Fa�ettevillear.com
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CL
CHAMBER
FAY ETTEVI LLE
February 5, 2020
Mayor Lioneld Jordan
Fayetteville City Council
113 W. Mountain St.
Fayetteville, AR 72701
Dear Mayor Jordan and Council Aldermen,
The Fayetteville Chamber of Commerce, acting as the Economic Development agency for the City of
Fayetteville strongly supports the land sale within the Commerce District to Duke Technologies, LLC. This
company is a privately held company headquartered in Fayetteville and owned by a long-term resident.
They perform research on biofuels technology and license this production technology to renewable fuel
industry outside the area. It should be noted that no production is performed in Fayetteville. Their
research is focused on the conversion of biomass and oil to fuel and lubricants, they are a Green Business
Incubator. Their existing plant in Fayetteville is not a primary production facility, it does proof of concept
and process improvement and technology development, their new facility will operate as does their
existing facility.
Duke Technologies, LLC will be expanding its operation and footprint in Northwest Arkansas. Their current
facility on Deane Solomon road in Fayetteville will close. The company will build a new facility/campus,
their current first choice is in the Fayetteville Commerce District. This new facility will sit on 5 to 10 acres
and will have four structures built over time. The four building will consist of an office, lab, shop and small
pyrolysis center. Duke will hire up to 14 net new employees over a 12 to 24 -month period with average
salaries in the $50K range, generating over $700K in net new payroll. The company will invest an
estimated $2.5M, with $0.5M of that in equipment. Once this expansion is completed, it is assumed the
Huntsville location will no longer be needed, but there will be no job loss as all current employees primarily
work from the Fayetteville location.
Thank you for your consideration,
Steve Clark
President and Chief Exectutive Officer
Fayetteville Chamber of Commerce
21 W. Mountain St., Ste. 300 72701
CERTIFICATE OF MAILING
I hereby certify that a true and correct copy of the attached written notice was placed in
the U.S. mail, first-class, postage prepaid this 12 day of February 2020 and addressed
as follows:
SEE ATTACHED LIST
_Devin Howland
(name of person completing the mailing)
(signature of person completing the mailing)
City File No. /Name: ADM 20-7032
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CITY OF
FAYETTEVILLE
ARKANSAS
February 12, 2020
Public Notice- Sale of municipally owned real property
Dear property owner,
Please be aware that the Fayetteville City Council will consider a resolution to sell five acres of
municipally owned land (parcel: 765-16578-001) to Duke Real Properties LLC for $80,000.
In the fall of 2019, Duke Technologies, approached the City about purchasing five acres of City -owned
commerce park land, in the Fayetteville Commerce District, for the purpose of expansion. The company,
which is currently located on Dean Solomon Road, plans to build their new headquarters and research
and development facility on the property. The Mayor recommends selling approximately five acres of
property to Duke Real Properties LLC for the purpose of economic development.
This possible sale will be considered by the City Council during it's 5:30 p.m. meeting on March 3, 2020
in Room 219 of City Hall, located at 113 W. Mountain Street.
If you wish to learn more about this proposed sale, please contact Devin Howland, Director of Economic
Vitality at 479.575.8221. You are also invited to attend the March 3, 2020 City Council meeting and
make comments when the resolution is presented for the City Councils consideration.
Sincerely,
Devin Howland
Director of Economic Vitality
City of Fayetteville, Arkansas
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
I, Devin Howland, attest that the above sign was posted on February 12, 2020 adjacent
to Industrial Dr.
Sincerely,
Devitt Howland
Director of Economic Vitality
City of Fayetteville, Arkansas
City File No./Name. ADM 20-7032
Howland, Devin
From:
Harrison, Andy
Sent:
Thursday, February 13, 2020 12:34 PM
To:
Howland, Devin
Cc:
Bertram, Becca
Subject:
FW: draft ad for March 3 City Council
Devin - Here's the email from the paper with the cost of the ad if that helps any.
Becca — when this affidavit shows up would you forward it to Devin please?
Thank you.
Andy Harrison
Development Coordinator
Planning Division
125 W. Mountain
City of Fayetteville, Arkansas 72701
aharrison anfavetteville-ar.gov)
T 479.575.8267 1 F 479.575.8202
Website I Facebook I Twitter I Instaaram I YouTube
~ CITY OF
FAYETTEVILLE
ARKANSAS
From: Cathy Wiles [mailto:cwiles@nwadg.com]
Sent: Thursday, February 13, 202012:03 PM
To: Harrison, Andy <aharrison@fayetteville-ar.gov>
Subject: RE: draft ad for March 3 City Council
Hi Andy, this is set to run Monday 2/17 cost 53.30
Enjoy you day off!
Cathy
Cathy Wiles
Classified Sales Manager I cwiles@nwadg.co
479-571-6421100
Northwest Arkansas Democrat -Gazette www.nwadg.com
Our community. Our paper.
212 N. East Ave. Fayetteville, AR 72701
From: Harrison, Andy (mailto:aharrisoni
Can you please set this ad to run in the Monday, Feb 17 edition? Thank you.
Andy Harrison
Development Coordinator
Planning Division
125 W. Mountain
City of Fayetteville, Arkansas 72701
aharrison(aa-)fayetteville-ar.clov)
T 479.575.8267 1 F 479.575.8202
Website I Facebook I Twitter I Instagram I YouTube
~ CITY OF
FAYETTEVILLE
ARKANSAS
NOTICE OF PUBLIC HEARING
A meeting of the City of Fayetteville City Council will be held on March 3, 2020 at 5:30 p.m., in room
219, Fayetteville Administration Building at 112 W. Mountain Street, Fayetteville, Arkansas, 72701. The
following item is required to be published in the local newspaper pursuant to the Code of Ordinances of
the City of Fayetteville and will be heard at the March 3, 2020 Fayetteville City Council Meeting.
ADM 20-7032: SALE OF MUNICIPALLY OWNED REAL PROPERTY):
Submitted by CITY STAFF for property located EAST of 2435 INDUSTRIAL DRIVE. The Fayetteville City
Council is considering the sale of 5 acres it owns EAST OF 2435 INDUSTRIAL DRIVE to Duke Real
Properties LLC. The proposed use of the property is a research and development company. The possible
sale will be considered by the City Council during its March 3, 2020 meeting at 113 W. Mountain Street,
Room 219.
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October 15, 2020
Mr. Michael D. Ackerson
Duke Real Properties, LLC
2434 Deane Solomon
Fayetteville, AR 72703
RE: Extension of Closing Date
Dear Mr. Ackerson:
Section 4 of the contract Duke Real Properties, LLC entered into with the City for the purchase of
5 acres in our Commerce District provides that the closing will be held within 120 days of the date
the contract was executed unless an extension is agreed to in writing by the parties.
In order to allow additional time to obtain a survey which is needed for lot split approval I would
propose an extension of the closing deadline to November 30, 2020. If you are in agreement,
please sign below.
/Sincerely,
at/t
/
t.� ,
l':ipneld Jordan
Mayor
Agreed to by'
, Manager
Duke ReaLeroperties, LLC
Date: /0/36 2 a 2 u
Paul Libertini
Submitted By
City of Fayetteville Staff Review Form
2020-0076
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Change Order #4 with
Crossland Heavy Contractors
1/22/2020 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
APPROVAL OF CHANGE ORDER #4 (FINAL) WITH CROSSLAND HEAVY CONTRACTORS, INC. FOR IMPROVEMENTS TO
RUPPLE ROAD FROM W. STARRY NIGHT VIEW TOW. MOUNT COMFORT ROAD IN THE AMOUNT OF (-$96,997.35).
Budget Impact:
4470.800.8835-5809.00 Sales Tax Capital Improvement
Account Number
06035.3100
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Fund
Rupple Rd (BF Lane to Mt. Comfort)
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 3,892,196.00
$ 3,515,079.00
$ 377,117.00
$ (96,997.35)
$ 474,114.35
V20180321
Purchase Order Number: 2017-00000800 Previous Ordinance or Resolution # 271-17
Change Order Number:
Original Contract Number:
Comments:
4
2017-00000041
Approval Date:
1/28/2020
asift CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor Jordan
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Paul Libertini, Staff Engineer
DATE: January 22, 2020
SUBJECT: Approval of Construction Change Order #4 (Final)
Rupple Road — Starry Night View to Mt. Comfort Road
STAFF MEMO
RECOMMENDATION:
Staff recommends approval of Change Order #4 (Final) which will decrease the contract amount
by (-$96,997.35).
BACKGROUND:
On December 19, 2017, the City Council approved a contract with Crossland Heavy
Contractors, Inc. for construction of the improvements to Rupple Road from Starry Night View to
Mt. Comfort Road. The contract amount was $5,574,726.35, with a contingency amount of
$418,104.00.
DISCUSSION:
Change Order #4 is the final construction change order for this project which reconciles the
overruns and underruns of final bid item quantities requried to complete this project including
the adjustment of weather days. The total of the Change Order #4 results in a reduction to the
contract of (-$96,997.35).
BUDGET/STAFF IMPACT:
This project is funded by the Transportation Bond Program.
Attachments:
Change Order #4 (Final)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
C7KANSAS DEPARTMENT
AR
OF TRANSPORTATION
The Honorable Lioneld Jordan
Mayor of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Dear M�IF
ARKANSAS DEPARTMENT OF TRANSPORTATION
ARDOT.gov I IDriveArkansas.com I Scott E. Bennett, P.E., Director
PROGRAM MANAGEMENT DIVISION
10324Interstate 30 1 P.O. Box 2261 Little Rock AR 72203-2261 1 Phone: 501.569.2262 1 Fax:501.569.2623
February 4, 2020
Re: Job 040657
F.A.P. STPU-9142(36)
W. Starry Night View-W. Mount Comfort
Rd. (N. Rupple Rd.) (Fayetteville) (S)
Washington County
Reference is made to Change Order Number 4 recently submitted for the subject Federal -aid
project. We hereby concur in the changes, and a signed copy of the change order is enclosed for
your use. Approval of this change order does not indicate a change in federal funding for this
project.
If you have any questions, please contact Carlos Meredith at (501) 569-2481.
Sincerely,
Enclosure
c: Construction — Chuck Holland
Transportation Planning and Policy
District 4
Resident Engineer #43
Job 040657 'D' File
Mr. Jeff Hawkins, Northwest Arkansas Regional Planning Commission
CELIORATIN4
ONE HUNDRED YEARS
swn 3rYwUSAtem rn : nia
construction Contract Change Order
Project:
Change Ordw No. 4
W. Starry NigM View- W. Mount Comfort Rd. (N. Rupple Rd.) (Fayetteville)
Fayetteville, AR
Oerver Job No. OOD47100 F A P STPU-9142 :I6 Job 040657
Date PEaparad: October 73. 2018
, Jeff Webb. PE
Owner:
C ly of Fayetteville
Contrutar:
113 W Mo.rtsin Street
Cmasland Heavy Cnntroctos, Inc,
F evlae. AR 72701
501 5. East Avenue
CokxnGrs, KS 66725
rlptbn atWork Included In Confined
Construction of 1,aW LF. of roe wdh raised median, 102 L F of a rel , co ""u"l on a'essm"'d0d earthwork end dwymil tNuot cub and ear. adewak shared
use Paths trad6
Changes and Reasons Orderedetc)
( List IndhAdual Chang" an: A 8. C, O,
A Recocile PrO)W Calendar Days end all Rems Add t2 additional Calendar Days fry Weather tivough eM of August 2019,
44nlracl Days Svmmarv'
Original: 300 days
COa1: 45 dsys
CO#2 16 days
COs3: 70 days
C01114. 12 days
otal• 445 days
Asadments Recanpashon
Contract
6ld
ems
Bid
Urtit
OnjwW
Contract
Ravwed
Revised
Original
Revised
C
Aem
of
I
Contract
I
Unit
Contract
Unit
Contract
Contract
No.
Dssaqxinr
Measure
Ouantity
Price
Quill"
Price
Coat
Cost
A
ALL
ALL See Attached.
1
$5,574,632.65
1
S5477.635.50
_
S5.674.63285
S5,477,535.50
9(1.00
S0.oa
$0.00
S0.00 --
S0 00
SG OO
111100
S0.00
.-
SummetlonolCoei
i6,674,632.96
fbr477,l73.60
Eat{melad Project Cost
Not Coetfor it" C
M,n7.3a
Tim�+9e
Eetnlated Pr Coat
Coosa Sort OlgaOriginal
O^P� Contract dam)
Icages,
June 1a, 2016
Contract Amount�.97472&35
Prev ly Approved Changes (563.60i
(r
ed
Previously Approved Qlarges {calendar days)
300
133
13J
This Change Order (taa,91117.35)
Ad4DorW Corsrac Time The Change Order (calendar days)
12
New Contract Amount s6,477,676.So
SErpmtded Tuns (calendar mri)
New ConalAXI m C Date
Septemoer 6, 2019
THIS AGREEMENT IS SUBJECT TO ALL
C
T PROVISIONS AND PREVIOII FJ:3S
ISSUED FOR REASONS
INDICATED AFIM 11
Erfightw, Gera
Project Manager 10/23/19
_ Erq_uws Slpetue
TdU--
ACCEPTE08r _
-- ---- _ _---
_.-
CONTRACTOR
Project Manager 10/24/19
_ CaYr s S
APPROVED ay
Tilt Dale
ow MER O/'C
c� allTz%,�
Ole, 1/28/2020
MA I'i a
Dab
APPROVED 8Y
ArDOT
Arkansas Department
FEB 0 4 2020
d Tnsnsaprtation
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W 479.527 W,'
2039E
W Ww.GINKUSA(OT
CELEBRATING
ONE NUNOREO VEARS ICV
1919 l019 -.
Construction Contract Change Order
Project:
Change Order No. 4
W. Starry Night View— W Mount Comfort Rd. (N. Ripple Rd.) (Fysttevils)
Fayetteville. AR
Date Prepared: October 23, 2019
Garver Job No. 09/347100 F.AP. STPLI.21421391 Job 040657
Prepared by Jett Webb, PE
Owner.
Contractor:
City of Fayetteville
Crossland Heavy Contractors, Inc.
113 W. Mountain Street
501 S. East Avenue
Fayetteville, AR 7270'.
Columbus. KS 66725
Description of Work Included in Contract
Construction of 1.800 L.F. of roadway with raised mediae '.82 L F. of a new brid22 constri-cb.on of associated earthwork and channelizationcurb and gutter sidewalk, shared
use paths (trails),
Changes and Reasons Ordered (List Individual Changes as: A, B, C, D, etc.)
A. Recocile Project Calendar Days and all items. Add 12 additional Calendar Days for Weather through end of August 201, 9.
Contract Days Sommanr
Original. 300 days
COM1: 45 days
Cii 18 days
COe3: 70 days
COe4: 12 days
Total: 445 days
ABachrnents. Reconciliation
Bid
Bid
Unit
Original
Contract
Revised
Revised
Original
Revised
Contract
Item
hem
of
Contract
Unit
Contract
Unit
Contract
Contract
Changes
No.
Description
Measure
Quantity
Price
Quantity
Price
Cost
Cost
A.
ALL
ALL. See Attached.
-
1
$5.574.632.85
1
$5,477,635.50
$5,574,632.85
$5,477,635.50
$0.00
$0'Do
$0.00
$0.00
$0 00
$0.00
$0 00
$0.00
Summation of Cost
$5,574,612.85
$5,477,635.50
Net Cost for this Change Order
1$96,997.35)
Estimated Project Cost
Time Change
Estimated Proect Cos'
Contract Start Date
Original Contract Time (calendar days)
June 18 2018
30C
Original Contract Amount $5,574,726.35
Previously Approved Changes ($93.50)
Previously Approved Changes (calendar days)
133
This Change Order ($96,997.35)
Additional Contract Time This Change Order (calendar days)
12
New Contract Amount $5.477,635.50
Suspended Time (calendar days)
New Construction Completer Date
September 6 2019
THIS AGREEMENT IS SUBJECT TO ALL ORIGINAL CONTRACT
PROVISIONS AND PREVIOUS CHANGE ORDERS
ISSUED FOR REASONS
INDICATED ABOVE y / /rG7�
Engineer: Garver L�Jp/ffLl
Project Manager 10/23/19
En ineer's Si afore
Title Date
ACCEPTED BY
CONTRACTOR
Project Manager 10/24119
Contra is Si nature
Title Date
APPROVED BY
OVYNER
.0 ��
off— 1/28/2020
��G� rs Si nat
Title Date
APPROVED BY
ArDOT
Arkansas Department
of Transportation ArDOTs Sig tore
Title Date
INVOICE NUMBER: 16
RECONCILIATION
TO: 09/30/1s
W. STARRY NIGHT VIEW - W. MOUNT
COMFORT
RD. (N. RUPPLE RD.)
BID
BID
ORIGINAL CONTRACT
CONTRACT UNIT
REVISED
CONTRACT
QUANTITY
AMOUNT DEVIATION FROM CONTRACT CONTRACT
ITEM
NUMBER
ITEM
DESCRIPTION
UNIT
QUANTITY
PRICE
QUANTITY
TO -DATE
TO -DATE
(UNITS)
(AMOUNT) AMOUNT
1
Roadway Construction Control
LS
1.00 $
25,000.00
1.00
1.00
$
25,000.00
0.00 $
$
25,000.00
2
Trench & Excavation Safety
LS
1.00 $
1,000.00
1.00
1.00
$
1,000.00
0.00 $
$
1,000.00
3
Systems
Clearing, Grubbing, and
LS
1.00
1.00
1.00
0.00
96,000.00
4
Demolition
Unclassified Excavation (Plan
CY
11,824.00
$
9.00
12,824.00
12,824.00
$
115,416.00
0.00
$
$ 115,416.00
5
Quantity)
Embankment Construction
CY
33,167.00 $
12.75
34,167.00
34,167.00
$
435,629.25
0.00 $
$ 435,629.25
6
(Plan Quantity)
Undercut Excavation
CY
2,000.00 $
10.50
2,000.00
530.70
$
5,572.35
(1,469.30) $
(15,427.65) $
21,000.00
7
Rock Excavation
CY
500.00 $
90.00
195.00
46.50
$
4,185.00
(148.50) $
(13,365.00) $
17,550.00
8
Subgrade Preparation (Plan
SY
10,238.00 $
2.75
10,238.00
10,238.00
$
28,154.50
0.00 $
$
28,154.50
9
Quantity)
4" Topsoil Placement (Yard
SY
29,205.00 $
4.25
29,205.00
29,205.00
$
124,121.25
0.00 $
$
124,121.25
10
Areas)
Undercut & Stone Backfill
Ton
5,000.00 $
34.50
0.00
0.00
$
$
-
20,947.50
0.00 $
7.50 $
$
47250 $
_
20,475.00
11
18" Class III R.C. Pipe
LF
295.00 $
63.00
325.00
332.50
274.00
$
22,468.00
0.00 $
$
22,468.00
12
24" Class III R.C. Pipe
LF
274.00 $
831.00 $
82.00
74.00
274.00
710.00
710.00
$
52,540.00
0.00 $
- $
52,540.00
13
14
30" Class III R.C. Pipe
36" Class III R.C. Pipe
LF
LF
786.00 $
117.00
786.00
791.50
$
92,605.50
5.50 $
643.50 $
91,962.00
15
53"04" Class III R.C. Elliptical
LF
229.00 $
140.00
229.00
225.00
$
31,500.00
(4.00) $
(560.00) $
$
32,060.00
4,000.00
16
18" R.C. Flared End Section
EA
8.00 $
500.00
8.00
8.00
$
4,000.00
0.00 $
$
$
3,250.00
17
24" R.C. Flared End Section
EA
5.00 $
650.00
5.00
5.00
$
3,250.00
0.00
18
53"x34" R.C. Elliptical Flared
EA
1.00 $
1,500.00
1.00
1.00
$
1,500.00
0.00 $
$
1,500.00
19
End Section
4' Drop Inlet (Type MO)
EA
1.00 $
3,150.00
1.00
1.00
$
3,150.00
0.00 $
1.00 $
$
4,300.00 $
3,150.00
21,500.00
20
5' Drop Inlet (Type MO)
EA
5.00 $
4,300.00
5.00
6.00
2.00
$
$
25,800.00
11,000.00
0.00 $
- $
11,000.00
21
6' Drop Inlet (Type MO)
EA
2.00 $
3.00 $
5,500.00
4,900.00
2.00
3.00
3.00
$
14,700.00
0.00 $
$
14,700.00
22
23
5' Junction Box (Type MO)
4' Drop Inlet Extension
EA
EA
8.00 $
1,200.00
8.00
8.00
$
9,600.00
0.00 $
$
9,600.00
24
8' Drop Inlet Extension
EA
8.00 $
2,000.00
8.00
8.00
$
16,000.00
0.00 $
$
$
16,000.00
2,600.00
25
12' Drop Inlet Extension
EA
1.00 $
2,600.00
1.00
1.00
$
2,600.00
0.00 $
26
Channel Excavation (Plan
CY
1,270.00 $
11.50
1,270.00
1,270.00
$
14,605.00
0.00
$
$
14,605.00
27
Quantity)
Concrete Channel Paving
SY
440.00 $
39.00
440.00
440.00
$
17,160.00
0.00 $
244.00 $
$
8,235.00 $
17,160.00
118,125.00
28
Erosion Control Fabric
SY
3,500.00 $
3,127.00 $
33.75
9.25
3,500.00
3,127.00
3,744.00
3,114.59
$
$
126,360.00
28,809.96
(12.41) $
(114.79) $
28,924.75
29
30
4" Aggregate Base Course
8" Aggregate Base Course
SY
SY
10,238.00 $
8.50
10,238.00
10,285.60
$
87,427.60
47.60 $
404.60 $
87,023.00
31
Asphalt Concrete Hot Mix
Ton
2,250.00 $
71.00
2,250.00
1,778.35
$
126,262.85
(471.65) $
(33,487.15) $
159,750.00
32
Binder Course (ACHMBC)
Asphalt Concrete Hot Mix
Ton
1,200.00
$
89.00
1,200.00
1,740.51
$
154,905.39
540.51
$
48,105.39 $
106,800.00
33
Surface Course (ACHMBC)
Asphalt Concrete Hot Mix
Ton
100.00
100.00
17.73
(82.27)
Patching for Maintenance of
$
200.00
$
3,546.00
$
(16,454.00) $
20,000.00
34
Traffic
Concrete Curb and Gutter
LF
5,687.00 $
12.50
5,687.00
5,367.00
$
67,087.50
(344.52 $
(1,702.89 $
,293.50
35
411 Thick Concrete Sidewalk
SY
1,158.00 $
38.25
1,158.00
1,202.52
$
45,996.39
44.30 $
1,145.20 $
$
44,440.00
4
442.00
36
6" Thick Concrete Sidewalk
SY
10.00 $
44.00
10.00
13.30
$
585.20
3.15 $
56.15 $
582.20
$
37
Concrete Driveway Aprons
SY
77.00 $
1,161.00 $
46.00
21.50
77.00
1,161.00
133.15
958.00
$
$
6,124.90
20,597.00
(203.00) $
4,364.50
(4,364.50) $
4,961.50
24,961.50
38
39
Asphalt Driveway
Aggregate Base Course
SY
SY
183.00 $
15.00
292.00
292.00
$
4,380.00
0.00 $
_ $
4,380.00
40
Driveway
Seeding and Mulching
Acre
11.00 $
3,200.00
11.00
6.44
$
20,608.00
(4.56) $
(14,592.00) $
35,200.00
41
Solid Sod
SY
5,900.00 $
5.50
5,900.00
560.00
$
3,080.00
(5,340.00) $
(29,370.00) $
32,450.00
42
Additional Watering
MG
700.00 $
5.50
700.00
0.00
$
-
(700.00) $
$
(3,850.00) $
(120.00) $
3,850.00
360.00
43
Mailbox Supports (single)
EA
3.00 $
120.00
3.00
3.00
2.00
2.00
$
$
240.00
240.00
(1.00)
(1.00) $
(120.00) $
360.00
44
45
Mailboxes
4" Pavement Marking
EA
LF
3.00 $
9,250.00 $
120.00
1.45
9,250.00
13,973.95
$
20,262.23
4,723.95 $
6,849.73 $
13,412.50
46
(Thermoplastic)
6" Pavement Marking
LF
743.00 $
1.45
743.00
761.92
$
1,104.78
18.92 $
27.43 $
1,077.35
47
(Thermoplastic)
12" Pavement Marking
LF
724.00 $
11.50
724.00
845.00
$
9,717.50
121.00 $
1,391.50 $
8,326.00
48
(Thermoplastic)
Payment Symbols (Yield Line)
SF
12.00 $
52.00
12.00
15.00
$
780.00
3.00 $
156.00 $
624.00
49
(Thermoplastic)
Pavement Symbols (Arrow)
EA
15.00 $
466.00
15.00
14.00
$
6,524.00
(1.00) $
(466.00) $
6,990.00
50
(Thermoplastic)
Pavement Symbols (ONLY)
EA
12.00 $
400.00
12.00
11.00
$
4,400.00
(1.00) $
(400.00) $
4,800.00
51
(Thermoplastic)
4" Pavement Marking
LF
849.00 $
4.50
849.00
689.00
$
3,100.50
(160.00) $
(720.00) $
3,820.50
52
(Reflectorized Paint)
Pavement Marking Removal
SF
196.00 $
1.45
196.00
96.00
$
139.20
(103.00) $
(100.00) $
200.20
53
Street Sign Installation
EA
16.00 $
700.00
16.00
19.00
$
13,300.00
3.00 $
2,100.00 $
$
30,000.00
54
Erosion Control
LS
1.00 $
30,000.00
1.00
1.00
$
30,000.00
0.00 $
$
$
10,000.00
10,000.00
55
Traffic Control and
LS
1.00 $
10,000.00
1.00
1.00
$
10,000.00
0.00
Maintenance
2019-09-30 Pay Estimate 16 Ar00T Job
No. 040657 Final.xtsm
Page 1 of 4
RECONCILIATION
W. STARRY NIGHT VIEW - W. MOUNT COMFORT RD. (N. RUPPLE RD.)
INVOICE NUMBER: 16
TO: 09/30/19
BID
BID
ORIGINAL CONTRACT
REVISED
ITEM
ITEM
CONTRACT
UNIT
CONTRACT
QUANTITY
AMOUNT
DEVIATION FROM
CONTRACT CONTRACT
NUMBER
DESCRIPTION
UNIT
QUANTITY
PRICE
QUANTITY
TO -DATE
TO -DATE
(UNITS)
(AMOUNT)
AMOUNT
56
Mobilization (not to exceed 5 % LS
1.00 $
102,500.00
1.00
1.00
$ 102,500.00
0.00
$ - $
102,500.00
of contract price)
57
Barbed Wire Fence
LF
2,119.00 $
7.25
2,119.00
1,954.00
$ 14,166.50
(165.00)
$ (1,196.25) $
15,362.75
58
Wood Privacy Fence
LF
200.00 $
27.00
200.00
0.00
$ -
(200.00)
$ (5,400.00) $
5,400.00
59
Gates for Wood Privacy Fence
LF
20.00 $
42.00
20.00
0.00
$ -
(20.00)
$ (840.00) $
840.00
60
Temporary Fencing
LF
2,119.00 $
7.25
2,119.00
1,918.00
$ 13,905.50
(201.00)
$ (1,457.25) $
15,362.75
61
Cast -in -Place Detectable
SF
118.00 $
18.00
118.00
110.50
$ 1,989.00
(7.50)
$ (135.00) $
2,124.00
Warning Panel
62
Handicap Access Ramp
SY
87.00 $
34.00
87.00
98.56
$ 3,351.04
11.56
$ 393.04 $
2,958.00
63
Project Sign
EA
2.00 $
850.00
2.00
2.00
$ 1,700.00
0.00
$ - $
1,700.00
64
Cold Milling Asphalt Pavement
SY
1,600.00 $
8.00
1,600.00
2,711.09
$ 21,688.72
1,111.09
$ 8,888.72 $
12,800.00
65
Tree Protection Fencing
LF
400.00 $
2.00
400.00
302.00
$ 604.00
(98.00)
$ (196.00) $
800.00
66
Trail Sign Installation
EA
1.00 $
1,900.00
1.00
1.00
$ 1,900.00
0.00
$ $
1,900.00
67
Concrete Island
SY
197.00 $
44.00
197.00
197.00
$ 8,668.00
0.00
$ $
8,668.00
68
4" Thick Concrete Trail
SY
2,614.00 $
39.00
2,614.00
2,660.34
$ 103,753.26
46.34
$ 1,807.26 $
101,946.00
69
6" Thick Concrete Trail
SY
20.00 $
43.00
20.00
21.30
$ 915.90
1.30
$ 55.90 $
860.00
70
Gravity Block Retaining Wall
SF
341.00 $
55.00
341.00
341.00
$ 18,755.00
0.00
$ - $
18,755.00
#1 (Plan Quantity)
71
Gravity Block Retaining Wall
SF
2,546.00 $
55.00
2,546.00
2,546.00
$ 140,030.00
0.00
$ $
140,030.00
#2 (Plan Quantity)
72
Gravity Block Retaining Wall
SF
4,701.00 $
55.00
4,701.00
4,701.00
$ 258,555.00
0.00
$ $
258,555.00
#3 (Plan Quantity)
73
Gravity Block Retaining Wall
SF
6,018.00 $
55.00
6,018.00
6,018.00
$ 330,990.00
0.00
$ $
330,990.00
#4 (Plan Quantity)
74
Pipe Underdrain
LF
800.00 $
7.00
800.00
800.00
$ 5,600.00
0.00
$ $
5,600.00
75
5'x5' Special Deep Drop Inlet
EA
4.00 $
9,800.00
4.00
4.00
$ 39,200.00
0.00
$ $
39,200.00
76
TxT Special Deep Drop Inlet
EA
1.00 $
12,000.00
1.00
1.00
$ 12,000.00
0.00
$ $
12,000.00
77
4'x5' Reverse Throat Inlet
EA
3.00 $
4,000.00
3.00
3.00
$ 12,000.00
0.00
$ $
12,000.00
78
Modify Existing 5' Deep Drop
EA
1.00 $
2,500.00
1.00
1.00
$ 2,500.00
0.00
$ $
2,500.00
Inlet
79
Decorative Fence
LF
1,600.00 $
65.00
1,600.00
1,498.00
$ 97,370.00
(102.00)
$ (6,630.00) $
104,000.00
80
Decorative Gravel (6" Depth)
SY
356.00 $
14.00
356.00
356.00
$ 4,984.00
0.00
$ $
4,984.00
81
Bridge Construction Control
LS
1.00 $
22,000.00
1.00
1.00
$ 22,000.00
0.00
$ $
22,000.00
82
Unclassified Excavation for
CY
409.00 $
60.00
409.00
409.00
$ 24,540.00
0.00
$ $
24,540.00
Structures - Bridge
83
Rock Excavation for Structures
CY
97.00 $
160.00
97.00
157.50
$ 25,200.00
60.50
$ 9,680.00 $
15,520.00
- Bridge
84
Class S Concrete - Bridge
CY
495.00 $
522.00
495.00
495.00
$ 258,390.00
0.00
$ - $
258,390.00
85
Class S(AE) Concrete - Bridge
CY
410.00 $
588.00
413.00
413.00
$ 242,844.00
0.00
$ - $
242,844.00
86
Class 2 Protective Surface
SY
1,717.00 $
4.50
1,717.00
1,380.00
$ 6,210.00
(337.00)
$ (1,516.50) $
7,726.50
Treatment
87
Reinforcing Steel - Bridge
LB
55,570.00 $
0.85
55,570.00
55,570.00
$ 47,234.50
0.00
$ $
47,234.50
(Grade 60)
88
Epoxy Coated Reinforcing
LB
120,670.00 $
0.90
121,590.00
121,590.00
$ 109,431.00
0.00
$ $
109,431.00
Steel (Grade 60)
89
Transitional Approach Railing
EA
4.00 $
3,500.00
4.00
4.00
$ 14,000.00
0.00
$ $
14,000.00
90
Structural Steel in Plate Girder
LB
373,280.00 $
1.88
373,280.00
373,280.00
$ 701,766.40
0.00
$ $
701,766.40
Spans (M270-GR. 50W)
91
Elastomeric Bearings
CUIN
12,192.00 $
2.45
12,192.00
12,192.00
$ 29,870.40
0.00
$ $
29,870.40
92
Silicone Joint Sealant
LF
141.00 $
52.00
141.00
141.00
$ 7,332.00
0.00
$ $
7,332.00
93
Filter Blanket
SY
262.00 $
8.00
262.00
204.30
$ 1,634.40
(57.70)
$ (461.60) $
2,096.00
94
Dumped Riprap
CY
272.00 $
58.00
272.00
352.41
$ 20,439.78
80.41
$ 4,663.78 $
15,776.00
95
Steel Piling (HP 12X53)
LF
165.00 $
73.00
165.00
209.00
$ 15,257.00
44.00
$ 3,212.00 $
12,045.00
96
Metal Bridge Railing (Type H2)
LF
179.00 $
67.00
179.00
179.00
$ 11,993.00
0.00
$ - $
11,993.00
97
Preboring
LF
110.00 $
250.00
110.00
165.00
$ 41,250.00
55.00
$ 13,750.00 $
27,500.00
98
Textured Coating Finish
SY
393.00 $
8.25
863.00
863.00
$ 7,119.75
0.00
$ - $
7,119.75
99
Concrete Channel] Paving with
SY
60.00 $
140.00
60.00
60.00
$ 8,400.00
0.00
$ $
8,400.00
Vertical Retaining Walls
U1
Construction Staking for Water
LS
1.00 $
7,750.00
1.00
1.00
$ 7,750.00
0.00
$ $
7,750.00
& Sewer
U2
Traffic Control and
LS
1.00 $
1,500.00
1.00
1.00
$ 1,500.00
0.00
$ $
1,500.00
Maintenance for Water &
Sewer
U3
Wastewater Bypass Pumping
LS
1.00 $
9,000.00
1.00
1.00
$ 9,000.00
0.00
$ $
9,000.00
U4
Bonds & Insurance
LS
1.00 $
8,000.00
1.00
1.00
$ 8,000.00
0.00
$ $
8,000.00
U5
Trench & Excavation Safety
LS
1.00 $
3,500.00
1.00
1.00
$ 3,500.00
0.00
$ $
3,500.00
Systems for Water & Sewer
U6
Erosion Control for Water &
LS
1.00 $
7,500.00
1.00
1.00
$ 7,500.00
0.00
$ $
7,500.00
Sewer
U7
Dewatering
LS
1.00 $
11,500.00
1.00
1.00
$ 11,500.00
0.00
$ $
11,500.00
U8
Mitigation Dam
EA
2.00 $
1,500.00
2.00
0.00
$ -
(2.00)
$ (3,000.00) $
3,000.00
U9
Clearing, Grubbing, and
LS
1.00 $
7,500.00
1.00
1.00
$ 7,500.00
0.00
$ - $
7,500.00
Demolition for Water & Sewer
U10
Undercut and Backfil] for Water CY
50.00 $
31.00
50.00
0.00
$ -
(50.00)
$ (1,550.00) $
1,550.00
& Sewer
2019-09-30 Pay Estimate 16 ArDOT Job No. 040657 Final.x]sm Page 2 of 4
RECONCILIATION
W. STARRY NIGHT VIEW - W. MOUNT COMFORT RD. (N. RUPPLE RD.)
INVOICE NUMBER: 16
TO: 09/30/19
BID
BID
ORIGINAL CONTRACT
REVISED
ITEM
ITEM
CONTRACT
UNIT
CONTRACT
QUANTITY
AMOUNT
DEVIATION FROM CONTRACT CONTRACT
NUMBER
DESCRIPTION
UNIT
QUANTITY
PRICE
QUANTITY
TO -DATE
TO -DATE
(UNITS)
(AMOUNT)
AMOUNT
U11
Rock Excavation for Water &
CY
500.00 $
225.00
500.00
455.04
$ 102,384.00
(44.96) $
(10,116.00) $
112,500.00
Sewer
U12
Flowable Fill for Abandoned
LF
1,435.00 $
9.00
1,435.00
174.00
$ 1,566.00
(1,261.00) $
(11,349.00) $
12,915.00
Pipelines
U13
Backfill Density Test
EA
10.00 $
170.00
10.00
0.00
$ -
(10.00) $
(1,700.00) $
1,700.00
U14
Sewer Service Line
LF
50.00 $
22.00
50.00
0.00
$ -
(50.00) $
(1,100.00) $
1,100.00
U15
Connect Sewer Service
EA
1.00 $
325.00
1.00
1.00
$ 325.00
0.00 $
- $
325.00
U16
10" PVC Sewer Line
LF
239.00 $
51.00
239.00
173.00
$ 8,823.00
(66.00) $
(3,366.00) $
12,189.00
U17
4' ID Manhole, 0' to 6' Depth
EA
3.00 $
2,250.00
3.00
3.00
$ 6,750.00
0.00 $
- $
6,750.00
U18
4' ID Manhole Additional
VF
6.00 $
220.00
6.00
3.10
$ 682.00
(2.90) $
(638.00) $
1,320.00
Depth, Over 6'
U19
Demolish Existing Manhole
EA
1.00 $
1,100.00
1.00
1.00
$ 1,100.00
0.00 $
$
1,100.00
U20
Reinforced Flexible Coupling
EA
1.00 $
190.00
1.00
1.00
$ 190.00
0.00 $
$
190.00
U21
Modify Sewer Invert
EA
1.00 $
500.00
1.00
1.00
$ 500.00
0.00 $
$
500.00
U22
24" Bored Steel Encasement
LF
135.00 $
840.00
135.00
135.00
$ 113,400.00
0.00 $
$
113,400.00
for Water Line
U23
Fire Hydrant Assembly
EA
2.00 $
4,600.00
2.00
2.00
$ 9,200.00
0.00 $
$
9,200.00
U24
12"Ductile Iron Water Line
LF
1,840.00 $
98.00
1,840.00
1,794.00
$ 175,812.00
(46.00) $
(4,508.00) $
180,320.00
(Class 350)
U25
8" Ductile Iron Water Line
LF
95.00 $
85.00
95.00
95.00
$ 8,075.00
0.00 $
- $
8,075.00
(Class 350)
U26
Ductile Iron Fittings
EA
1,865.00 $
11.00
1,865.00
1,494.00
$ 16,434.00
(371.00) $
(4,081.00) $
20,515.00
U27
12"x12" Tapping Sleeve &
EA
2.00 $
6,900.00
2.00
2.00
$ 13,800.00
0.00 $
- $
13,800.00
Valve
U28
12" Gate Valve
EA
1.00 $
2,650.00
1.00
0.00
$ -
(1.00) $
(2,650.00) $
2,650.00
U29
Water Meter Setting
EA
2.00 $
940.00
2.00
2.00
$ 1,880.00
0.00 $
- $
1,880.00
U30
Water Service Line
LF
172.00 $
25.00
172.00
140.00
$ 3,500.00
(32.00) $
(800.00) $
4,300.00
U31
Cut & Cap Existing 6" AC
EA
4.00 $
1,400.00
4.00
1.00
$ 1,400.00
(3.00) $
(4,200.00) $
5,600.00
Water Line
U32
Cut & Cap Existing 12" PVC
EA
1.00 $
1,800.00
1.00
1.00
$ 1,800.00
0.00 $
- $
1,800.00
Water Line
U33
Concrete Test
EA
2.00 $
150.00
2.00
0.00
$ -
(2.00) $
(300.00) $
300.00
U34
Core Drill & Connect to Existing EA
1.00 $
1,000.00
1.00
1.00
$ 1,000.00
0.00 $
$
1,000.00
Manhole
U35
Adjust Existing Manhole to
EA
1.00 $
2,150.00
1.00
1.00
$ 2,150.00
0.00 $
$
2,150.00
Finished Grade
U36
Abandon Existing Manhole
EA
1.00 $
900.00
1.00
1.00
$ 900.00
0.00 $
$
900.00
U37
2" BlowoffAssembly
EA
1.00 $
3,500.00
1.00
0.00
$ -
(1.00) $
(3,500.00) $
3,500.00
U38
Adjust Existing Valve Box to
EA
2.00 $
500.00
2.00
2.00
$ 1,000.00
0.00 $
- $
1,000.00
Finished Grade
U39
24" Open Cut Steel
LF
71.00 $
195.00
71.00
100.00
$ 19,500.00
29.00 $
5,655.00 $
13,845.00
Encasement for Water Line
CO-1.1
Electrical Handhole, 11"x18",
EA
0.00 $
1,379.00
1.00
0.00
$ -
(1.00) $
(1,379.00) $
1,379.00
Type PG
CO-1.2
Galvanized Rigid Steel
LF
0.00 $
21.00
450.00
433.00
$ 9,093.00
(17.00) $
(357.00) $
9,450.00
Conduit, Trade Size 1"
CO-1.3
Galvanized Rigid Steel
LF
0.00 $
19.00
280.00
207.00
$ 3,933.00
(73.00) $
(1,387.00) $
5,320.00
Conduit, Trade Size 2"
CO-1.4
Coated Galvanized Rigid Steel
LF
0.00 $
25.00
240.00
30.00
$ 750.00
(210.00) $
(5,250.00) $
6,000.00
Conduit, Trade Size 2"
CO-1.5
PVC Schedule 40 Conduit,
LF
0.00 $
22.00
50.00
0.00
$ -
(50.00) $
(1,100.00) $
1,100.00
Trade Size 1"
CO-1.6
PVC Schedule 40 Conduit,
LF
0.00 $
27.00
50.00
0.00
$
(50.00) $
(1,350.00) $
1,350.00
Trade Size 2"
CO-1.7
PVC Schedule 80 Conduit,
LF
0.00 $
16.00
100.00
0.00
$
(100.00) $
(1,600.00) $
1,600.00
Trade Size 1"
CO-1.8
PVC Schedule 80 Conduit,
LF
0.00 $
31.00
50.00
0.00
$ -
(50.00) $
(1,550.00) $
1,550.00
Trade Size 2"
CO-1.9
Electrical Junction Box in
EA
0.00 $
546.00
6.00
6.00
$ 3,276.00
0.00 $
$
3,276.00
Parapet Wall
CO-1.10
Furnish and Install Anchor
LS
0.00 $
2,134.00
1.00
1.00
$ 2,134.00
0.00 $
$
2,134.00
Bolts for Light Poles
CO-1.11
16" Open Cut Steel
LF
0.00 $
185.00
20.00
20.00
$ 3,700.00
0.00 $
$
3,700.00
Encasement for Water Line
CO-1.12
Gas Line Relocation
LF
0.00 $
40.74
390.00
390.00
$ 15,888.60
0.00 $
$
15,888.60
Excavation
CO-1.13
12" Butterfly Valve
EA
0.00 $
3,191.90
3.00
3.00
$ 9,575.70
0.00 $
$
9,575.70
CO-1.14
12" Swivel Adapter
EA
0.00 $
1,357.35
2.00
2.00
$ 2,714.70
0.00 $
$
2,714.70
CO-2.1
24"x38" Class II R.C. Pipe
LF
0.00 $
131.00
121.00
121.00
$ 15,851.00
0.00 $
$
15,851.00
CO-3.1
Refurbish Existing Metal Cattle
Each
0.00 $
9,338.00
1.00
1.00
$ 9,338.00
0.00 $
$
9,338.00
Guard and Install New
Concrete Footings and Floor
CO-3.2
Light Fixture, Type A, with Pole
Each
0.00 $
6,612.00
6.00
6.00
$ 39,672.00
0.00 $
$
39,672.00
on Bridge
CO-3.3
Electrical Handhole, 11" x 18",
Each
0.00 $
1,609.00
2.00
2.00
$ 3,218.00
0.00 $
$
3,218.00
Type PG
2019-09-30 Pay Estimate 16 ArDOT Job No. 040657 Final.xlsm Page 3 of 4
RECONCILIATION
INVOICE NUMBER: 16
W. STARRY NIGHT VIEW - W. MOUNT COMFORT RD. (N. RUPPLE RD.)
TO:
09/30/19
BID
BID
ORIGINAL CONTRACT
REVISED
ITEM
ITEM
CONTRACT
UNIT
CONTRACT
QUANTITY
AMOUNT
DEVIATION FROM CONTRACT
CONTRACT
NUMBER
DESCRIPTION UNIT
QUANTITY
PRICE
QUANTITY
TO -DATE
TO -DATE
(UNITS)
(AMOUNT)
AMOUNT
CO-3.4
PVC Schedule 40 Conduit, LF
0.00 $
29.00
880.00
880.00
$ 25,520.00
0.00
$
$ 25,520.00
Trade Size 2"
CO-3.5
PVC Schedule 80 Conduit, LF
0.00 $
46.00
50.00
50.00
$ 2,300.00
0.00
$
$ 2,300.00
Trade Size 2"
CO-3.6
No. 8 AWG Copper Conductor LF
0.00 $
2.00
3,560.00
3,560.00
$ 7,120.00
0.00
$
$ 7,120.00
CO-3.7
No. 6 AWG Copper Conductor, LF
0.00 $
7.00
10.00
10.00
$ 70.00
0.00
$
$ 70.00
Bare
CO-3.8
No. 3 AWG Copper Conductor LF
0.00 $
4.00
180.00
180.00
$ 720.00
0.00
$
$ 720.00
CO-3.9
Electrical Service Equipment Each
0.00 $
7,148.00
1.00
1.00
$ 7,148.00
0.00
$
$ 7,148.00
Pedestal
CO-3.10
New Electrical Service Each
0.00 $
1,071.00
1.00
1.00
$ 1,071.00
0.00
$
$ 1,071.00
TOTALS
5,477,635.50
5,574,632.85
Difference from Contract:
(96,997.35)
2019-09-30 Pay Estimate 16 ArDOT Job No. 040657 Final.xlsm Page 4 of 4
Duke Real Properties LLC
City of Fayetteville Staff Review Form
2020-0924
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Devin Howland 10/20/2020 ECONOMIC DEVELOPMENT (050)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff is recommending authorizing Mayor Jordan to sign an extension of closing date letter for Duke Real Properties
LLC.
Budget Impact:
Account Number
Project Number
Budgeted Item? No Current Budget
Funds Obligated
Current Balance
Does item have a cost? No
Budget Adjustment Attached? NA
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
5 -
5
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 82 .2,0
Change Order Number: Approval Date: 10-22-2020
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Lioneld Jordan, Mayor
THRU: Susan Norton, Chief of Staff
FROM: Devin Howland, Director of Economic Vitality
DATE: October 20, 2020
STAFF MEMO
SUBJECT: Staff is recommending authorizing Mayor Jordan to sign of closing date
letter for Duke Real Properties LLC
RECOMMENDATION:
Staff is recommending authorizing Mayor Jordan to sign of closing date letter for Duke Real
Properties LLC.
BACKGROUND:
On March 3, 2020 the Fayetteville City Council authorized a resolution selling 5 acres of City -
owned commerce park land to Duke Technologies LLC. While the original contract required the
closing to take place within 120 days of the contract being executed by Mayor Jordan, Duke
Technologies has requested multiple extensions due to the pandemic.
DISCUSSION:
This is the second extension of the closing date Duke Technologies has requested. Staff has
recommended working with Duke and giving them all the time, they need to close of the
property. Like many businesses, Duke has felt the negative impacts of the pandemic and staff is
excited the group is still on track to build their new facility.
The extension moves the closing date to November 30, 2020.
*Mayor Jordan's signature is only needed on the page immediately following this staff memo.
The other item is the original agenda packet for reference.
BUDGET/STAFF IMPACT:
None.
Attachments:
Closing Extension Letter
Original 2020-0148 Legislative Packet
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
October 15, 2020
Mr. Michael D. Ackerson
Duke Real Properties, LLC
2434 Deane Solomon
Fayetteville, AR 72703
RE: Extension of Closing Date
Dear Mr, Ackerson:
Section 4 of the contract Duke Real Properties, LLC entered into with the City for the purchase of
5 acres in our Commerce District provides that the closing will be held within 120 days of the date
the contract was executed unless an extension is agreed to in writing by the parties.
In order to allow additional time to obtain a survey which is needed for lot split approval I would
propose an extension of the closing deadline to November 30, 2020. If you are in agreement,
please sign below.
Sincerely,
Lirrneld Jordan
Mayor
Agreed to by
Manager
Duke ReaUroperties, LLC
S�e�e. 1lc�j �,q rc
Date: a Zu
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 82-20
File Number: 2020-0148
DUKE REAL PROPERTIES LLC:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SELL APPROXIMATELY 5 ACRES OF
CITY PROPERTY LOCATED AT 2512 SOUTH INDUSTRIAL DRIVE TO DUKE REAL
PROPERTIES, LLC FOR $80,000.00
WHEREAS, Duke Technologies is a Fayetteville headquartered company currently operating on Deane
Solomon Road under a conditional use permit and the move to an [-2 zoned parcel will allow the
company to operate by right under this zoning classification; and
WHEREAS, Duke Technologies specializes in research and development of alternative fuels wishes to
expand its headquarters and research facilities with the construction of four buildings comprised of an
office, laboratory, shop, and pyrolysis center; and
WHEREAS, the proposed project would lead to the hiring of workers with average wages above the
state and national averages, meets one of the Fayetteville First Plan's targeted industry sectors,
Specialized Technologies, and is supported by the Fayetteville Chamber of Commerce; and
NOW, THEREFORE, 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 the Land Sale
Agreement (attached to this Resolution and made a part hereof) for the sale of about 5 acres of City
property in fee simple located at 2512 South Industrial Drive to Duke Real Properties, LLC for the amount
of $80,000.00, finds that the property is not needed for municipal purposes and should not be
rezoned, and authorizes Mayor Jordan to sign the Land Sale Agreement, general warranty deed, and
Page f Printed on Y*20
File Number: 2020-0148
Resolution 82-20
any other documents necessary to effectuate this sale.
PASSED and APPROVED on 3/3/2020
Page 2
Attest:
Rh
A, • G I l Y
�V
PAY" •�
Kara Paxton, City Clerk Treas'• v� ;
11
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