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HomeMy WebLinkAbout2021-12-28 - Agendas - TentativeCity of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, December 28, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Vacant Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda December 28, 2021 Zoom Information: City Council Agenda Session ** 12/28/21 @ 4:30 PM Webinar ID: 872 4422 3989 Public Registration Link: https://us06web.zoom.us/webinar/register/WN_TGYAdVDcTtym-m cQl Rr3lQ Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2021-1069 ELECTION OF VICE MAYOR 2. 2021-1070 REPORT OF FIREMEN'S AND POLICEMEN'S PENSION AND RELIEF FUND 3. 2021-1071 MONTHLY FINANCIAL REPORT A. Consent: A.1 2021-1041 APPROVAL OF THE DECEMBER 14, 2021 SPECIAL CITY COUNCIL MEETING AND THE DECEMBER 21, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 2 Printed on 1212912021 City Council Agenda Session Tentative Agenda December 28, 2021 A.2 2021-0969 OZARK TENNIS ACADEMY, LLC (OTA): A RESOLUTION TO AUTHORIZE AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND OZARK TENNIS ACADEMY, LLC TO PROVIDE TENNIS PROGRAMS FOR FAYETTEVILLE RESIDENTS IN 2022, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS AT A TOTAL ESTIMATED COST OF $61,000.00 A.3 2021-1035 BID # 20-58 KING ELECTRICAL CONTRACTORS, INC. - 2019 STREET IMPROVEMENT BOND AND PARK IMPROVEMENT BOND PROJECT: A RESOLUTION TO APPROVE A PROPOSAL FROM KING ELECTRICAL CONTRACTORS, INC. IN THE TOTAL AMOUNT OF $218,125.00, PURSUANT TO BID # 20-58, FOR ELECTRICAL SERVICES ASSOCIATED WITH THE SQUARE LIGHTING AND ELECTRICAL IMPROVEMENTS PROJECT AND THE DOWNTOWN WALKABILITY PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND AND PARK IMPROVEMENT BOND PROJECT A.4 2021-1011 SEVEN HILLS HOMELESS CENTER: A RESOLUTION TO APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER TO PROVIDE FUNDING ASSISTANCE IN THE AMOUNT OF $40,000.00 FOR MAINTENANCE AND REPAIRS AT THE WALKER FAMILY RESIDENTIAL COMMUNITY COMPLEX IN 2022 City of Fayetteville, Arkansas Page 3 Printed on 1212912021 City Council Agenda Session Tentative Agenda December 28, 2021 A.5 A.6 A.7 2021-1020 BURNS AND MCDONNELL ENGINEERING COMPANY, INC. AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. I TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $42,764.00 FOR DESIGN SERVICES ASSOCIATED WITH A PROJECT TO ADDRESS SCOUR AT THE SOUTH ARMSTRONG AVENUE BRIDGE OVER TOWN BRANCH 2021-1033 CROSSLAND HEAVY CONTRACTORS, INC. CHANGE ORDER NO. 2 - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO APPROVE CHANGE ORDER NO. 2 WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $502,949.80 FOR THE SAIN STREET EXTENSION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT 2021-1030 BLACK HILLS ENERGY ARKANSAS, INC. MIDTOWN CORRIDOR PROJECT UTILITY WORK - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO APPROVE A UTILITY WORK AGREEMENT WITH BLACK HILLS ENERGY ARKANSAS, INC. IN THE AMOUNT OF $93,765.40 FOR UTILITY RELOCATIONS ASSOCIATED WITH THE MIDTOWN CORRIDOR PROJECT ALONG PORTER ROAD AND DEANE STREET, AND TO APPROVE A BUDGET ADJUSTMENT- 2019 STREET IMPROVEMENT BOND PROJECT City of Fayetteville, Arkansas Page 4 Printed on 1212912021 City Council Agenda Session Tentative Agenda December 28, 2021 A.8 A.10 2021-1031 BLACK HILLS ENERGY ARKANSAS, INC. MIDTOWN CORRIDOR PROJECT EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY A 25 FOOT WIDE GENERAL UTILITY EASEMENT FOR UTILITY RELOCATIONS ASSOCIATED WITH THE MIDTOWN CORRIDOR PROJECT ALONG PORTER ROAD AND DEANE STREET AT THE POLICE HEADQUARTERS AND FIRE STATION SITE 2021-1028 2022 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES IN 2022 IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED 2021-1034 ARKANSAS DEPARTMENT OF AERONAUTICS (ADA) GRANT: A RESOLUTION TO AUTHORIZE AN APPLICATION FOR AND ACCEPTANCE OF AN ARKANSAS DEPARTMENT OF AERONAUTICS GRANT IN THE AMOUNT OF $144,685.00 FOR REIMBURSEMENT OF THE CITY'S MATCHING PORTION OF A 90/10 FEDERAL AVIATION ADMINISTRATION GRANT USED FOR ENERGY EFFICIENCY IMPROVEMENTS AT THE AIRPORT TERMINAL, AND TO APPROVE A BUDGET ADJUSTMENT CONTINGENT UPON RECEIPT OF THE GRANT FUNDS City of Fayetteville, Arkansas Page 5 Printed on 1212912021 City Council Agenda Session Tentative Agenda December 28, 2021 A.11 A.12 A.13 A.14 2021-1037 HAWKINS-WEIR ENGINEERS, INC. AMENDMENT NO.5: A RESOLUTION TO APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $110,710.00 FOR CONSTRUCTION OBSERVATION AND PROJECT MANAGEMENT SERVICES ASSOCIATED WITH THE BENSON MOUNTAIN PRESSURE PLANE IMPROVEMENTS PROJECT 2021-1040 BID #21-80 CALDWELL TANKS, INC.: A RESOLUTION TO AWARD BID #21-80 AND AUTHORIZE A CONTRACT WITH CALDWELL TANKS, INC. IN THE AMOUNT OF $1,155,000.00 FOR THE CONSTRUCTION OF THE BENSON MOUNTAIN ELEVATED WATER STORAGE TANK IMPROVEMENTS PROJECT, ASSOCIATED SITE IMPROVEMENTS AND DEMOLITION OF THE EXISTING TANK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $231,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 2021-1022 RIGGS CAT MINI -EXCAVATOR: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A CATERPILLAR MINI -EXCAVATOR FROM RIGGS TRACTOR COMPANY FOR THE AMOUNT OF $72,260.34 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT 2021-1023 P&K EQUIPMENT JOHN DEERE 5075 TRACTOR: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A JOHN DEERE 5075 TRACTOR FROM P&K EQUIPMENT IN THE AMOUNT OF $40,963.22, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT City of Fayetteville, Arkansas Page 6 Printed on 1212912021 City Council Agenda Session Tentative Agenda December 28, 2021 A.15 2021-1024 WILLIAMS TRACTOR INC.: A RESOLUTION TO APPROVE THE PURCHASE OF FOUR HUSTLER SUPER Z MOWERS FROM WILLIAMS TRACTOR, INC. IN THE TOTAL AMOUNT OF $38,902.00, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT A.16 2021-1025 RIGGS CAT 420 BACKHOE: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A CATERPILLAR 420 BACKHOE FROM RIGGS TRACTOR COMPANY IN THE AMOUNT OF $112,193.77 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT B. Unfinished Business: B.1 2021-0952 RZN-2021-076 (5295 W. WEDINGTON RD./NWA CUSTOM HOMES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-076 LOCATED AT 5295 WEST WEDINGTON DRIVE FOR APPROXIMATELY 2.43 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO NS-G, NEIGHBORHOOD SERVICES -GENERAL AND RI-U, RESIDENTIAL INTERMEDIATE -URBAN At the December 21, 2021 City Council meeting this ordinance was left on the first reading. City of Fayetteville, Arkansas Page 7 Printed on 1212912021 City Council Agenda Session Tentative Agenda December 28, 2021 B.2 2021-0983 APPEAL RZN-2021-077 (SOUTH & EAST OF DOT TIPTON RD. & DOUBLE SPRINGS RD./SMALL FISH, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-077 LOCATED SOUTH AND EAST OF DOT TIPTON ROAD AND DOUBLE SPRINGS ROAD FOR APPROXIMATELY 39.88 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE At the December 21, 2021 City Council meeting this ordinance was left on the second reading. C. New Business: CA 2021-1021 P & K EQUIPMENT WEIDENMANN SUPER 600: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE PURCHASE OF A WEIDENMANN SUPER 600 FROM P&K EQUIPMENT IN THE AMOUNT OF $42,500.00 PLUS APPLICABLE TAXES C.2 2021-1027 RPZD-2021-005 (1032 S. RAZORBACK RD./THE RETREAT AT FAYETTEVILLE): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 2021-0005 FOR APPROXIMATELY 13.65 ACRES LOCATED AT 1032 SOUTH RAZORBACK ROAD City of Fayetteville, Arkansas Page 8 Printed on 1212912021 City Council Agenda Session Tentative Agenda December 28, 2021 C.3 2021-1032 RZN-2021-079 (2978 N. OLD MISSOURI RD./KEENAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-079 LOCATED AT 2978 NORTH OLD MISSOURI ROAD FOR APPROXIMATELY 4.88 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL CA 2021-1039 AMEND § 151.01 DEFINITIONS, § 164.19 ACCESSORY DWELLING UNITS (ADU) AND §164.22 CLUSTER HOUSING DEVELOPMENT: AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, § 164.19 ACCESSORY DWELLING UNITS (ADU) AND §164.22 CLUSTER HOUSING DEVELOPMENT OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO AMEND REQUIREMENTS FOR ACCESSORY DWELLING UNITS C.5 2021-1098 ADOPT THE 2022 RULES OF ORDER AND PROCEDURE: A RESOLUTION TO ADOPT THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL FOR 2022 Proposed Agenda Additions 2021-1099 AMEND THE RULES OF ORDER AND PROCEDURE: A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL CONCERNING PUBLIC COMMENTS D. City Council Agenda Session Presentations: City of Fayetteville, Arkansas Page 9 Printed on 1212912021 City Council Agenda Session Tentative Agenda December 28, 2021 D.1 2021-1072 AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER ENERGY REPORT, PETER NIERENGARTEN E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 10 Printed on 1212912021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1069 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: 1. ELECTION OF VICE MAYOR File Type: Appointment City of Fayetteville, Arkansas Page 1 Printed on 1212912021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1070 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Report Agenda Number: 2. REPORT OF FIREMEN'S AND POLICEMEN'S PENSION AND RELIEF FUND City of Fayetteville, Arkansas Page 1 Printed on 1212912021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1071 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: 3. MONTHLY FINANCIAL REPORT File Type: Report City of Fayetteville, Arkansas Page 1 Printed on 1212912021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1041 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.1 File Type: Minutes APPROVAL OF THE DECEMBER 14, 2021 SPECIAL CITY COUNCIL MEETING AND THE DECEMBER 21, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 1212912021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0969 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 OZARK TENNIS ACADEMY, LLC (OTA): A RESOLUTION TO AUTHORIZE AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND OZARK TENNIS ACADEMY, LLC TO PROVIDE TENNIS PROGRAMS FOR FAYETTEVILLE RESIDENTS IN 2022, WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS AT A TOTAL ESTIMATED COST OF $61,000.00 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 agreement between the City of Fayetteville, Arkansas and Ozark Tennis Academy, LLC, Inc. to provide tennis programs for Fayetteville residents in 2022, with automatic renewals for up to four additional one year terms at a total estimated cost of $61,000.00 to be paid entirely through participant registration fees. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Lee Farmer Submitted By City of Fayetteville Staff Review Form 2021-0969 Legistar File ID 01/04/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/13/2021 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an agreement with Ozark Tennis Academy, LLC (OTA) to administer tennis programs in 2022. This funding is included in the Parks and Recreation General Fund Budget that was approved by City Council on December 7, 2021. Budget Impact: 1010.520.5220-5315.00 General Account Number Fund N/A N/A Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 61,000.00 $ 61,000.00 $ 61,000.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Alison Jumper, Parks, Natural Resources and Cultural Affairs Director FROM: Lee Farmer, Recreation Superintendent DATE: December 13, 2021 SUBJECT: RFP 21-08: Tennis Program Services RECOMMENDATION: Staff recommends approval of an agreement with Ozark Tennis Academy, LLC (OTA) to administer tennis programs in 2022. BACKGROUND: Parks and Recreation worked with Purchasing on RFP 21-08 for the selection of a tennis instruction provider, and RFP 21-08 was sent to known tennis instruction providers in the area and publicly advertised on September 26, 2021. The selection criteria were based on qualifications, experience, proposed work method, past performance, and proposed fees for services. OTA was selected as the tennis instruction provider for Parks and Recreation tennis programs on November 29, 2021 by the RFP selection committee. DISCUSSION: Parks and Recreation will offer youth classes, group lessons, private lessons and camps in 2022. Youth Classes will be offered seasonally in ten -week sessions on weekday evenings. OTA will also offer group and private lessons to players of all ages and skill levels. These lessons will be scheduled through Parks and Recreation facility reservation platform. OTA will also facilitate Tennis Camp as part of Parks and Recreation's Be Active Summer Camp Program. Parks and Recreation will register all the participants through registration software, and OTA will receive monthly payments equaling 85% of program registration for the tennis instruction. BUDGET/STAFF IMPACT: The expense for these tennis instruction programs will be completely recouped with registration fees and instruction service fees will be funded through the Parks and Recreation General Fund Budget. Attachments: Staff Review Form RFP 21-08, Submittal — Ozark Tennis Academy RFP 21-08, Vote Tally Tennis Program Services Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 21-08, Tennis Program Services DEADLINE: Tuesday, November 16, 2021 before 2:00 PM, local time Pre -Proposal Conference: Thursday, October 28, 2021 at 2:00 PM, local time PURCHASING MANAGER: JONATHAN SMITH, jonsmith a@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Sunday, 1011772021 REQUEST FOR PROPOSAL RFP 21-08, Tennis Program Services No late proposals shall be accepted RFP's shall be submitted in sealed envelopes labeled with the project number and name as well as the name and address of the firm. All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Official. Name of Firm: Contact Person: A o) Title:�.�LYI- E-Mail. I"" � �,- Phone: Business Address: ��-(- City:_-lZ .� =�lL I�l- State: Zip: r) Signature: Date: City of Fayetteville, AR RFP 21-08, Tennis Program Services Page 1 of 20 City of Fayetteville RFP 21-08, Tennis Program Services SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. City of Fayetteville, AR RFP 21-08, Tennis Program Services Page 18 of 20 Corporate Name of Firm:��,�� Primary Contact: A-\4° � c r C, t Title of Primary Contact: 4F ai;Cz Phone#1(cell preferred): t --'Y_- C= z Phone#2: E-Mail: Address: C-c-,r- ry-)-r—c--� HLP C-, -C--tC2L" C.r`aC`s 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same i me appropriate aianK iistea nerein. r-mure to do so may su vendor to disaualitication. ADDENDUM NO. ( SIGNATURE AND PRINTED NAME I DATE ACKNOWLEDGED I S. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: PHYSICAL ADDRESS: City of Fayetteville, AR RFP 21-08, Tennis Program Services Page 19 of 20 MAILING ADDRESS: PRINTED NAME: PHONE: '�, FAX: E-MAIL: 2 SIGNATURE: TITLE: YYi l DATE: City of Fayetteville, AR RFP 21-08, Tennis Program Services Page 20 of 20 OZARK TENNIS ACADEMY CITY OF FAYETTEVI LLE TENNIS COMPLEX PROPOSAL CONTENTS About Ozark Tennis Academy OTA Team for City of Fayetteville Tennis Complex Proposed Programming Court Usage Split for Program Why Ozark Tennis Academy? Parting Shot OTA Staff Bios Resumes: - Matias De Genaro - Beau Basham City of Fayetteville Tennis Complex Proposal from Ozark Tennis Academy About Ozark Tennis Academy Ozark Tennis Academy was founded in January 2006 by Christy and Jared Ward, USPTA Elite teaching professionals. In 2021, OTA was acquired by Carmen De Genaro, Matias De Genaro and Beau Basham. For the first half of its existence, it was exclusively junior -based, becoming one of the powerhouse programs in the state of Arkansas. Over 50 of their students have been ranked in the top 10 in the state, while more than 20 have cracked the top 100 in the Southern Section. They have also coached over 30 individual state champions, and currently have 3 Nationally ranked. In 2011, OTA was chosen to direct the Bentonville Parks and Recreation program out of the newly built Memorial Park Tennis Complex. This expansion has seen them run adult and junior programs for every experience level, host USTA tournaments, and manage an over- growing staff of highly respected coaches, including Matias De Genaro and Beau Basham. Matias took over as Director and Beau as Head Pro in 2016, continuing to lead OTA and the City of Bentonville forward with the same focus on community that has been at the heart of their programs for over a decade. Ozark Tennis Academy Team for City of Fayetteville Tennis Complex Carmen De Genaro - Management Executive/Communications Coordinator Site Director and High Performance Coach - Matias De Genaro Site Director and Head Coach- Beau Basham Staff Pros - John Doohan, Matt Tabler, Ben Allison, Rodrigo Martinez and Seth Grady Ozark Tennis Academy Owners - Carmen and Matias De Genaro, and Beau Basham Advisors: Juan Pablo Vidour, Christy and Jared Ward Matias De Genaro joined the OTA family in 2015. Originally from Argentina, he spent 9 years coaching in Spain, the last five as the Director of Tennis at Club de Campo Santa Barbara. He played professionally, reaching ATP rankings of 845 in singles and 624 in doubles. Since his playing career ended, he has been a training partner for 2 players who are currently ranked in the Top 100 in the world (and another in the Top 135) and have played in Grand Slam Tournaments. As a coach certified in both the Spanish system (RPT) and as a USPTA Elite Professional, he has worked with a woman who reached WTA rankings of 591 in singles and 535 in doubles. When he left Spain, Matias was coaching the #1 ranked U14 boy in the country, the #15 ranked U16 boy, and the #77 ranked U16 boy. Currently, he is the lead coach for some players who are top 100 in the Southern Section: - Darby Allison - 67 in Girls 14s - Mercedes Merino - 35 in Girls 12s - Hayden Shoemake - 29 in Boys 16s (Currently playing tennis at Citadel University at South Carolina) - Brooke Killingsworth - 2 in Girls 16s, Top 72 in the country (Currently playing tennis at Wake Forest University at North Carolina) This success has helped Ozark Tennis Academy program become recognized as one of the top junior programs in the South. Beau Basham is the longest tenured OTA coach on staff, joining as an assistant in 2013. He was one of the top ranked juniors in Arkansas growing up and ranked Top 50 in the Southern Section. He went on to play for the University of Arkansas - Ft. Smith on a full scholarship. Upon finishing his playing career, he immediately began to work as a teaching professional. Prior to joining the OTA family, he was coaching at the Central Arkansas Junior Tennis Academy, where he not only taught lessons and drills, but also traveled with junior players all over the South. He arrived at OTA as an assistant, quickly rose to one of the lead coaches, before taking on Head Pro duties when Jared and Christy handed over the reins of the program. Beau has been connected to the growth of the Bentonville Parks and Recreation program in a major way, and his continued efforts have provided a link to OTA's past, while guiding the Bentonville Parks and Recreation program into an increasingly brighter future. For a program to experience the type of growth that the Fayetteville Parks and Recreation has seen, there has to be a high degree of professional expertise. As importantly, however, is a corresponding level of organization that allows those coaching abilities to shine. With the OTA team, there is an impressive infrastructure already in place: Matias, Beau and Carmen manage the staff, schedule, and program direction, while John, and Matt have all had integral instruction roles. Ben runs the summer camps, Carmen keeps players (and parents) informed, does the books and - along with Matias and Beau - lends counsel on topics ranging from program direction to scheduling to staff management. While Matias and Beau have provided the leadership and structure to allow the program to flourish, it has truly been a team effort, and every current member of the staff has contributed. Considering the experience and familiarity that each has with the Parks and Recreation program, there is simply no other teaching professional (or team of professionals) more equipped to continue the success at Fayetteville. OZARK TENNIS ACADEMY Proposed Programming Adult Tennis: - Playing opportunities through leagues, USTA Team Tennis (matches and optional team practices), USTA tournaments, and open play. - Training options through group drills and private (or semi -private) lessons. - Health and fitness with Cardio Tennis. Beginner/Intermediate Junior Tennis: - Full spectrum of age division lessons, utilizing the ROGY training methods as recommended by the United States Tennis Association (USTA). o 4-5 year olds - Foam or Red ball, 36' court 0 6-8 year olds - Red ball, 36' court 0 9-10 year olds - Orange ball, 60' court 0 11+ year olds -Green or Yellow ball, 72' court Playing options through USTA Junior Team Tennis and open play. Fun events such as summer camps, socials, and other special events. Advanced Junior Tennis: This covers more advanced tournament (or tournament prep) players from ages 6-18. It incorporates the same USTA system, but with more vigorous training and playing schedules. The bulk of playing opportunities for this level of player requires traveling to various areas of the state/South. Still includes fun events such as summer camps, socials, and other special events. Camps: - Spring Break Camp - Summer Camps: 1. June 27-30 2. July 18-21 Pickleball: - Pickleball is a paddle/racquet sport that combines the elements of badminton, tennis and ping-pong. The game is easy for beginners to learn. - Leagues - Tournaments - Privates Court Usage The basic premise is to work with the existing structure, while continuing to grow the program to reflect the needs of an evolving Wilson Park community. This is a peak -season schedule; the winter session - and Sundays throughout the year - will include daily Open/Reserved court time, Team Tennis (adult and/or junior), and drills/lessons for both Adults and Juniors. Reserved court time will generally be for USTA Adult Team Tennis. School year (Late March -May & Late August -October) Monday -Friday: 7am-3pm - Adult time almost exclusively - leagues, USTA Team Tennis, lessons, drills, Cardio Tennis, open and reserved play 3-6pm - Junior Time almost exclusively - Beginner through Advanced drills and lessons 6-8:30pm - Blend of programming, to include Open/Reserved court time, Adult leagues, and drills/lessons for both Adults and Juniors Saturday: 7am-8:30pm - Blend of programming, to include Open/Reserved court time, Team Tennis (adult and/or junior), and drills/lessons for both Adults and Juniors Summer (June -Late August) Monday -Saturday: 7am-1pm - Blend of programming, to include Open/Reserved court time, Adult Leagues, Team Tennis (adult and/or junior), and drills/lessons for both Adults and Juniors; and camps. 1pm-5pm - Open play almost exclusively 5-8:30pm - Blend of programming, to include Open/Reserved court time, Adult Leagues, Team Tennis (adult and/or junior), and drills/lessons for both Adults and Juniors Sundays (Late March -October) 7am-8:30pm - Blend of programming, to include Open/Reserved court time, Team Tennis (adult and/or junior), and drills/lessons for both Adults and Juniors Split for Program OTA - 90% of gross profit for all oncourt programming (lessons, drills, and leagues) - 90% of net profit for tournaments and camps - Responsible for teaching materials (balls, baskets, teaching aids, etc) and payment for coaches - Lessons, drills and leagues can be based off of the charge to the customer, but tournaments and camps require prizes, awards, food, and additional staff, so they need to be split after the costs are calculated Fayetteville Parks and Recreation - 10% of gross profit for all oncourt programming (lessons, drills, and leagues) - 10% of net profit for tournaments and camps Behind the numbers Here is an important amount to consider: - $0 - Amount the City of Fayetteville would have to pay for a complete coaching team. OTA's capacity to teach multiple lessons/drills is very large and limitless. We have always been able to keep up with demand no matter how large a task or growth of a program. In addition, the numbers for the Fayetteville Parks and Recreation program have continued to grow year after year with Ozark Tennis Academy running it. Junior drills, adult drills, summer camps, and private lessons are just some of the options that we are continuing to offer year after year. In the end, with Matias and Beau continuing to oversee operations, and with the staff responsible for those numbers returning intact, Ozark Tennis Academy is the only team that can claim to continue the success of the Tennis Complex program and have the empirical data to support that claim. Why Ozark Tennis Academy? First and foremost, we are a team. Carmen De Genaro, Matias De Genaro and Beau Basham oversee the entire company. Matias is the Director and lead High Performance coach, Beau is the Director and Head Pro, Ben runs summer camps (and younger juniors year-round), Carmen is our management executive and communications coordinator while Matt, and John, have all been with the program for a minimum of 5 years. Recently we added Rodrigo Martinez to our team. When the program grows - or coaches move on - and more help is needed, Parks and Recreation will not have a moment of concern, as we will always make sure that we are staffed with capable and qualified coaches that meet city approval. We are professional. Our coaches understand that players come to us because we have a good reputation. We have a good reputation not just because of our level of expertise, but also because we are on time, dependable, and customer service oriented. We are knowledgeable. All our permanent staff have at the very least played collegiate tennis. More importantly - because good players have not always proven to be good coaches - 5 of our coaches have gone through the USPTA certification. Some programs lean on club level players, former/current high school players, or even former college players with no coaching credentials to run their programs, but we have higher expectations for OTA. We are fun. While we take our jobs seriously and want to do the best we can to help our players each and every time we step onto the court, we also strive to remember one very important thing: tennis is a game! We enjoy each other, we enjoy our jobs, and that enthusiasm spills over, helping create a welcoming, open environment. Parting Shot The Mission Statement on our website reads: At OTA, we are Family. We work hard and manage our time to reach our goals. We have FUN! We believe in ourselves, our teammates, and the OTA Way. We give ourselves space to dream. And then we put our dreams into action. So yes, we are an expert, professional, fun -loving team. But above all we value family. It starts with our coaches, extends to our players, and ends up creating a community that has meaning. Building this type of community at the Memorial Park Tennis Complex has been significant to our program and carries more meaning for us than it would for others. For all of the coaches, the relationships developed with each other and all of our players is very real and incredibly important. For us, Northwest Arkansas is not just a place to work - it's home. Family. Hard work. Fun. Belief. Dreams. Action. It is the OTA Way. Ozark Tennis Academy Staff Bios Originally from Argentina, Matias has spent 9 years coaching in Spain, the last five at Club de Campo Santa Barbara. He played professionally, reaching ATP rankings of 845 in singles and 624 in doubles. Since his playing career ended, he has been a training partner for 2 players who are currently ranked in the Top 100 in the world (and another in the Top 135), and have played in Grand Slam Tournaments. As a coach certified in both the Spanish system (RPT) and as a USPTA Elite Professional, he has worked with a woman who reached WTA rankings of 591 in singles and 535 in doubles. When he left Spain, Matias was coaching the #1 ranked U14 boy in the country, the #15 ranked U16 boy, and the #77 ranked U16 boy. Beau Basham was one of the top ranked juniors in Arkansas, and ranked Top 50 in the Southern Section. Like Christy, he was the recipient of the Hershal Friday Award presented by the Arkansas Tennis Association to the top junior in the state. He went on to play for the University of Arkansas - Ft. Smith on a full scholarship. Upon finishing his playing career, he immediately began a career as a teaching professional. Beau has taught players of all ages as a teaching pro at Fort Smith Athletic Club and Fianna Hills Country Club. He also taught for a summer in Maine at Camp Mataponi, as well as a summer in New South Wales, Australia under former Arkansas National Champion Peter Doohan. Prior to joining the OTA family, he was coaching at the Central Arkansas Junior Tennis Academy, where he not only taught lessons and drills, but also traveled with junior players all over the South. Matt Tabler hails from an entire OTA family! Older brother Martin and younger sister Mallory also came through the program, both top -ranked Arkansas juniors who went on to play college tennis. Matt was a 3-time state champion at BHS, winning the 7A doubles title as a sophomore, and the overall doubles title as a senior. He attended UA-Ft Smith, where he was named All -Conference as a freshman. In addition to being an OTA summer coach, Matt has taught 3 years at the Tiger Tennis Academy at Ouachita Baptist University. John Doohan has been playing tennis his whole life after being trained by his father, Peter Doohan, who is the 1982 NCAA Doubles National Champion. John was the top ranked 18s junior in both singles and doubles. In 2011, John was ranked number 1 Arkansas Men's Open Doubles. John currently holds an NTRP of 5.0. John has taught junior and adult drills as well as summer camps for Pinnacle Country Club in Rogers Arkansas and the Nelson Bay Tennis Center in New South Wales, Australia, before joining the tennis staff for Bentonville Parks and Recreation. John has also spent time as an assistant Pro at the Fianna Hills Country Club and the Fort Smith Country Club teaching private tennis lessons to all ages. Ben Allison played collegiate tennis at Hardin Simmons University, Abilene Texas, prior to joining the US Navy in 1994. He has an Undergraduate Degree in Elementary Education from West Texas A&M University and a Masters Degree in Education Administration from Wayland Baptist University. Ben coached for 10 years in Texas and Colorado, winning multiple Regional and State Tennis Titles at the High School level (both in Teams and Individuals competition). REP",-- Seth Grady attended Missouri Baptist University in the fall of 2017. Started playing as a freshman and played all 3 years while he was there. During his last year, he was team captain, and lead his team to semi finals in their regional conference. 1h. Prior to attending college, Seth trained at Ozark Tennis Academy under Beau and Matias. He has been playing tennis for the last 8 years and have a lot V '' ' .. _ `I of experience and expertise to share. Rodrigo Martinez was born in Argentina where he coached, mentored and volunteer in different tennis academies: -Anguilla Tennis Academy as a Summer Instructor / Mentor Olivos Tennis Club Buenos Aires, Argentina -Don Torcuato Tennis Don Torcuato, Argentina - Alejandro Echague He also coached in Venezuela and Brasil: -Altamira Tennis Club Caracas, Venezuela - Jorge Andrews -Esporte Clube Pinheiros Sao Paolo, Brasil - Armando Cornejo Carmen De Genaro is responsible for the day in, day out operations of Ozark Tennis Academy. Her tasks include communicating with coaches, coordinating and scheduling lessons, as well as, answering emails/calls about programming. Carmen also handles all billing, invoicing, and accounting for the business. Her education is business focused and has helped prepare her to carry out the many roles of her position. As the general liaison for OTA, Carmen s love of helping people shines through in her daily interactions with players and parents. She is a "jack of all trades" and is dedicated to managing OTA with passion and enthusiasm! Advisors Juan Pablo Vidour Academy and Tennis Director JP Vidour was born and raised in Rosario, Argentina. During his tennis career, he was ranked Top 20th Junior Player in Argentina. He toured South America and Europe playing ITF futures events. After his tennis travels in Europe, he was awarded a full tennis scholarship to Shorter University where he served as Captain of the Men s Tennis team. His highest ranking in college was 15th in the nation, and he was awarded All American. He received a B.A and MBA degree from Shorter. He is a highly qualified USPTA certified Level 1 coach and certified in Sports Science. For the last 13 years, JP has developed top level Jr. Players in Georgia many of which have gone on to play at the college/pro level. Christy and Jared Ward Christy and Jared will continue to be involved as consultants. Matias De Genaro Certifications 2015 USPTA Elite Certification 2015 RPT Certification (Spain) Professional 2005-2009 Club de Campo Santa Barbara Valencia, Spain experience Staff Pro ■ Organized and taught adult clinics. ■ Taught private lessons to all ages. 2000-2015 Escuela de Tenis del Club de Campo Santa Barbara Director ■ Create lesson plans and lesson schedules for all players and coaches ■ Travel to tournaments all over the country ■ Manage staff to cover all programming, including any and all necessary training Individual Coach ■ Jenny Kryvoruchko"s private coach (Ranking WTA 650) during 2009 and 2010 ■ Pablo Caffarena"s private coach (Spanish Absolute Ranking 600) 2011- 2015 2015-present Ozark Tennis Academy/Bentonville Parks & Rec Bentonville, AR Director ■ Teach private lessons and group drills to all ages. • Create lesson plans and lesson schedules for entire program ■ Travel to tournaments all over the country ■ Manage and train staff Individual Coach • Brooke Killingsworth — #2 in Southerns Girls 16s, #72 Nationally • Hayden Shoemake — #36 in Southerns Girls 16s, #932 Nationally • Darby Brandon — #36 in Southerns Girls 12s, #258 Nationally Playing Experience ■ Ranking ATP singles: 865 ■ Ranking ATP doubles: 624 ■ Played International Club Tennis for: Argentina: Club Harrods Gath y Chaves (2002) Club Banco Provincia (2003) France: Sarcelles Tennis Club (de 2004 a 2007) La Roche Posay (2008) Italy: Club River, Venecia. (2008) Beau Basham Education Certifications Professional experience 2006 - 2009 Alma High School 2009 - 2011 University of Arkansas- Fort Smith Business Major 2011 - 2013 University of Arkansas 2016 USPTA Professional Certification Alma, AR Fort Smith, AR Fayetteville, AR 2008 — 2009 Fort Smith Athletic Club Fort Smith, AR Assistant Pro ■ Taught junior clinics. ■ Taught private lessons to all ages. 2010-2011 Fianna Hills Country Club Fort Smith, AR Head Pro Assistant • Helped organize and run junior camps • Taught private and group lessons to all ages Summer 2012 Nelson Bay Country Club Head Pro Assistant • In charge of court maintence • Taught high level juniors. • Helped run social events. NSW, Australia Playing Experience References . Taught adult lessons. 2012-2013 Central Arkansas Tennis Academy Little Rock, AR Head Coach ■ Taught advanced junior lessons and clinics ■ Traveled with juniors to tournaments all across the South 2013-2016 Ozark Tennis Academy Bentonville, AR Coach ■ Taught adult and junior clinics ■ Taught adult and junior privates ■ Traveled across the South with advanced juniors ■ In charge of junior clinics at local schools and parks 2016-Present Ozark Tennis Academy Bentonville, AR Co -Director ■ In charge of running USTA adult and junior tournaments. ■ Help manage coaching staff and lesson plans. ■ Help with the scheduling of all programming. ■ Teach adults and juniors of all ages. ■ Part of a state championship team for Alma High School, won state singles titles his freshman & senior year. ■ In USTA play he was ranked #1 in the state in 18s in singles. He reached top 50 in the South his last year of junior tennis. ■ In 2009 he won the Hershal Friday Award, the highest award in Arkansas junior tennis. ■ Full scholarship to University of Arkansas -Fort Smith. Where he played #2 and #3 singles as a sophomore, before transferring to the University of Arkansas to focus on academics. ■ NTRP 5.0 Randy Hollis, Owner of Fort Smith Athletic Club- 918-906-3667 Peter Doohan, Former NCAA national champion. Reached #1 ATP ranking in doubles and top 50 in the world in singles. 011-61-466-626-943 Bryan Colton, Owner of Central Arkansas Tennis Academy and Stuttgart Tennis Academy — 870-405-7697 i AIRK Rh. M b u SELECTION COMMITTEE — VOTING RESULTS Selection Description: RFP 21-08, Tennis Program Services Selection Committee Date/Time: 11/29/2021 at 1:30 PM via Teams Firms are listed alphabetical order. Overall RANK f Ozark Tennis Academy 1st 1111(4) 2nd NA 3rd NA 1st ranked firm: 2nd ranked firm: 3rdrraannkkeedd firm: OVERALL RANK SUMMARY SCORING Ozark Tennis Academy NA NA Tallied by zwtW — Jo athan Smith, Purchasing Age Date: /l l �% l Z.02/ -ff Andr Foren, Purcha anager Dat l ILoZ/ Ozark Tennis Academy Agreement with City of Fayetteville The City of Fayetteville (City) and the Ozark Tennis Academy, LLC (OTA) hereby enter into this Agreement concerning the Fayetteville Tennis Program. This Agreement is subject to the following conditions: 1. OTA shall utilize Wilson Park Tennis Complex for programming, league play and tournaments at times preapproved by the City's Parks and Recreation Department. Such usage shall not be construed as a right of exclusive use. OTA shall not assign right of use to any other individual or organization without the approval of City. 2. The initial term of this contract shall be from January 1, 2022 - December 31, 2022. The initial term of the agreement shall be for one (1) year. However, the Agreement shall automatically renew each year on January 1" for four (4) consecutive one (1) year terms unless either Party gives the other Party notice of its desire to modify or terminate the Agreement at least sixty (60) days prior to the January 151 renewal date. Notice shall be effective upon receipt. 3. OTA is responsible for providing coaches for all lessons, classes, etc. and maintaining the desired instructor to participant ratio. Any and all possible conflicts or interruptions should be communicated to City immediately. 4. OTA is required to provide a seasonal schedule to City for group lessons, programs and tournaments. This schedule should include exactly which courts will be in use for each calendar day of the season. Any changes made to the schedule must be submitted to Parks and Recreation 24 hours in advance. 5. OTA shall designate one contact person that communicates schedules and court maintenance needs to the City. OTA will contact Dean Rawlings (479.444.3474) for needs or questions directed to City Parks and Recreation. If there are concerns or suggestions concerning the tennis program or facility including problems affecting play or the safety of participants, OTA shall notify City staff immediately. 6. OTA's agents, employees, and instructors will act professionally while instructing tennis programs and arrive properly dressed in approved tennis shirts. OTA's agents, employees, and instructors will show respect for players, coaches, spectators, general public, and City staff by being courteous and considerate without sacrificing fairness. Disputes will be handled calmly and respectfully with assistance from City. 7. It is the decision of OTA whether programming will continue when inclement weather affects the courts. OTA will inform the City in a timely manner of their decision, when possible, so that City staff may assist with informing program participants. 8. The City will administer all participant registration through its registration software and administer all promotion/marketing materials for tennis programs. 9. Consideration for this contract shall be City's payment to OTA of 85% of all gross revenue which shall be remitted no later than the 10th of each month. The payment will include a detailed report that includes participation numbers by category, gross revenue received, and amount owed to OTA. 10. OTA shall be responsible for carrying its own general liability insurance covering those involved with the program, including administration, coaches, participants, spectators and any other personnel utilized in the organization and running practices, meets, tournaments and other special events. A current copy of OTA's liability insurance certificate shall be filed at the City's Parks and Recreation Department office. 11. OTA is responsible for completing background checks on all coaches and administration of the program on an annual basis. Background checks apply to all staff over 18 years of age. 12. Not an Agent. It is understood that OTA is not acting as an agent for the City and the City's sovereign immunity does not extend to OTA's acts or omission. OTA agrees to indemnify, defend, and hold harmless the City of Fayetteville from claims and damages as a direct or indirect result of OTA's use of the sites/facilities. No word, clause, phrase or paragraph shall be construed to waive that tort immunity as set forth under Arkansas law. 13. This agreement may be terminated by either party with 60-day written notification by the City or OTA. 14. Notices required by this Agreement shall be sent to: Cif of Fayetteville; Lee Farmer 1455 S. Happy Hollow Rd Fayetteville, AR 72701 Ozark Tennis Academy LLC Matias De Genero 802 SW Greenworld St. Bentonville, AR 72712 IN WITNESS WHEREOF, this Agreement has been duly executed by the Parties as of the day and year first written above. CITY OF FAYETTEVIL LE, ARKANSAS Lioneld Jordan, Mayor Kara Paxton, City Clerk -Treasurer Ozark Tennis Academy, LLC �1 a enero, Owner Address Li -A--) -:A2i �S .'2 Phone Number City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1035 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 BID # 20-58 KING ELECTRICAL CONTRACTORS, INC. - 2019 STREET IMPROVEMENT BOND AND PARK IMPROVEMENT BOND PROJECT: A RESOLUTION TO APPROVE A PROPOSAL FROM KING ELECTRICAL CONTRACTORS, INC. IN THE TOTAL AMOUNT OF $218,125.00, PURSUANT TO BID # 20-58, FOR ELECTRICAL SERVICES ASSOCIATED WITH THE SQUARE LIGHTING AND ELECTRICAL IMPROVEMENTS PROJECT AND THE DOWNTOWN WALKABILITY PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND AND PARK IMPROVEMENT BOND PROJECT WHEREAS, on October 20, 2020, the City Council awarded Bid # 20-58 and authorized a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services on an on -call basis for up to five years. 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 a proposal from King Electrical Contractors, Inc. in the total amount of $218,125.00, pursuant to Bid # 20-58, for electrical services associated with Square Lighting and Electrical Improvements Project and the Downtown Walkability Project, and further approves a contingency in the amount of $20,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2021-1035 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/16/2021 Submitted Date Action Recommendation: PARKS & RECREATION (520) Division / Department A resolution to approve a proposal from King Electrical Contractors, Inc. in the total amount of $218,125, pursuant to Bid #20-58, for electrical services associated with the Square Lighting and Electrical Improvements Project and the Downtown Walkability Project, to approve a project contingency in the amount of $20,000, and to approve a budget adustment. Budget Impact: 4602.860.7214-5809.00 Streets Project 2019 Bonds 4605.860.7520-5806.00 Parks Project 2019 Bonds 2250.520.9255-5806.00 Parks Development Account Number Fund 46020.7214.3000 Streets Project - Downtown Walkability 46050.7520.3000 Parks Project - Neighborhood Park Improvements 02001.7520 Lights of the Ozarks - Square Lighting Project Number Project Title Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: 2020-393 -Engineering Element Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 147,055.00 $ 58,055.56 $ 88,999.44 $ 238,125.00 $ 238,125.00 $ 88,999.44 V20210527 Previous Ordinance or Resolution # 258-20; 39-21 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Assistant Public Works Director CITY COUNCIL MEMO FROM: Byron Humphry, Park Maintenance Superintendent DATE: December 16, 2021 SUBJECT: Square Lighting Improvements RECOMMENDATION: A resolution to approve a proposal from King Electrical Contractors, Inc. in the total amount of $218,125, pursuant to Bid #20-58, for electrical services associated with the Square Lighting and Electrical Improvements Project and the Downtown Walkability Project, to approve a project contingency in the amount of $20,000, and to approve a budget adjustment. BACKGROUND: The Downtown Square lighting and electrical service was last renovated in 2008 and included new streetlights on the exterior of the square, bollard lighting in gardens, and better distribution of electrical service to accommodate the Lights of the Ozarks display. Since that renovation, much has changed with the electrical and lighting requirements around the square. The use of LED lighting for both Lights of the Ozarks and streetlights decreased the amount of electrical service required in some areas whereas the popularity of food trucks and street vendors has increased the demand for larger service in other areas. In addition, the Old Post Office building has changed ownership and use, now as a restaurant, requiring better pedestrian lighting and visibility for the interior sidewalks to create a safer and more inviting nighttime environment. The 2019 Parks Bond Program included $85,000 to upgrade the electrical service around the square to accommodate food trucks and vendors, eliminating the need for noisy generators. The project also called for enhanced lighting within the Square Gardens to highlight the gardens and the Old Post Office building. Engineering Elements was selected to design the electrical and lighting improvements for $8,000. Phase 1 of this project, improving the electrical infrastructure for vendors, was completed in the Spring of 2021 (Resolution 39-21). This included 16 power pedestals installed around the exterior of the square with 50 amp and 20 amp services that are available for use by the public and street vendors. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The second phase of the project will focus on the addition of lighting within the gardens and along the interior sidewalk to increase safety and visibility for pedestrians. The Transportation Committee met on December 29, 2020, to determine if the lighting of the sidewalk with streetlights met the goals and funding of the Downtown Sidewalk/Walkability Improvements Bond Project. The committee asked staff to investigate a more decorative lighting design with a focus on highlighting the gardens and Old Post Office with lights in an artistic manner that allows for color and brightness control which could vary based on seasons or events and also provide ample lighting to accommodate safe pedestrian usage. Staff worked with Engineering Elements and King Electric to modify the existing design to accommodate the committee recommendation. The modified design was presented to the Transportation Committee on June 29, 2021. The Transportation Committee approved of the new design and voted to pay for the direct lighting on the sidewalk (bollard lights) from the Transportation bond and to pay for half of the indirect lighting (uplights). BUDGET/STAFF IMPACT: The total cost of phase two of this project, to add direct lighting on the sidewalk and indirect lighting for the landscaping, with King Electric is $218,125 with a project contingency of $20,000. The direct pathway bollard lighting ($48,839) will be funded from the Transportation bond. The up lights for the landscaping with be split between the Transportation bond ($81,958), the Neighborhood Parks Square Lighting project ($80,000) and the Square Lighting Park Bond Project ($7,328). A budget adjustment is included with this council item. Purchase Order Detail Account Project Amount 4602.860.7214-5809.00 46020.7214.3000 $130,797 4605.860.7520-5806.00 46050.7520.3000 $7,328 2250.520.9255-5806.00 02011.7520 $80,000 Total $218,125 Attachments: King Electric Proposal Resolution 258-80 Resolution 39-21 KING ELECTRICAL CONTRACTORS, INC. 2145 WEST MOORE LANE FAYETTEVILLE, AR 72704 479-443-0006 FAX 479-443-2594 Email: gordon@ckingelectric.net PROPOSAL TO: PHONE DATE City Of Fayetteville December 10, 2021 Attn: Byron Humphry JOB NAME Fayetteville Square Garden Lighting Upgrade Phase 2 Layout #4 JOB DESCRIPTION See attached scope sheet We have seen Four (4) addendum(s) or revision(s) or clarification(s) Contractor's License #0063870422 Bollard Lighting $47,890.00 U 1 Flood Lighting $166,000.00 ADD for payment and performance bond $4,235.00 PROPOSAL GOOD FOR 30 DAYS. MANUFACTURER PRICE TOTAL BID DOLLARS: INCREASES WILL REQUIRE RE -QUOTE. MATERIAL PRICE $213,890.00 INCREASES GREATER THAN 10% WILL REQUIRE A RE -QUOTE. TERMS: PAYMENT DUE UPON RECEIPT OF INVOICE AUTHORIZED SIGNATURE A FINANCE CHARGE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS OF .0833% PER MONTH. ALL ATTORNEY FEES WILL BE COLLECTED ON PAST DUE - ACCOUNTS. / C Gordon Ray Project Mana er / Estimator THE ABOVE PRICES SPECIFICATIONS AND CONDITIONS ACCEPTANCE SIGNATURE ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. KING ELECTRICAL CONTRACTORS Scope Sheet Fayetteville Square Garden Lighting Upgrade Phase 2 12/3/2021 Inclusions 1. Wiring per plans Division 26 electrical. No electrical specifications provided. Lighting fixture wiring and installation per plans dated 4/29/2021 sheets E2.2, and COF conduit pathway routing plan. COF will furnish and install all conduit and junction boxes. 2. Furnish and install B1, B2, B3 and U1 landscape flood light fixtures per the lighting fixture schedule on sheet E2.2. 3. Lighting contactor CT2 and controls. 4. Hoffman cabinet for Lumen touch controls and equipment. 5. Permit and inspection fees as required. 6. Hand digging for bollard bases and U1 pipe stanchions. 7. Excavations backfilled with existing dirt and tamped. 8. Equipment Connections: none. 9. Taxes. 10. Fire caulking. 11. Division 26 excavations dirt or spoils removal from site. Exclusions 1. Payment, Bid or Performance Bond. 2. Overtime labor. 3. No additional panels, disconnects, or transformers. 4. No U1 light fixture building up lighting, U2 and no Al or LT building tape lighting fixtures. 5. COF will furnish and install all conduit and junction boxes. 6. Any equipment, material, or labor delays due to COVID-19 infections, government or CDC recommended or required quarantine, restrictions, or policies. 7. Material price escalations greater than 10%. This will require a re -quote. 8. Any project delays or additional cost due to shipping, material, component supply chain issues, shortages, and availability. 9. Manufactures quoted price escalations will require a re -quote. 10. Engineering services, stamps, or plans. 11. Liquidated damages. 12. Furnishing or installing wiring and equipment for Fire Alarm, Phone, Data, CATV, VOIP, POS, Fiber Optic, CCTV, Security, Access control, Audio, and Video systems. 13. Allowances or unit prices. 14. Electrical System coordination and/or Arc Flash investigation, studies, calculations or reports. 15. Access panels for electrical equipment. 16. Demolition/debris or trash removal from site. 17. Cutting, painting, penetrations, backing or repair & patching of concrete, asphalt, walls, ceiling, roof or floors for electrical conduit & equipment. 18. Back filling Division 26 excavations with classified rock. 2 19. Any type of rock excavation. 20. Landscaping or repair due to Division 26 excavation. 21. Seismic bracing for fixtures or gear. 22. Transformer or housekeeping pads. 23. Backboards. 24. Cutting millwork for electrical raceway, wiring or devices. 25. Formed or finished concrete. 26. Asbestos or hazardous material abatement. 3 { of FaYEr'e � • 7 i i'PKaµS �S 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 258-20 File Number: 2020-0818 BID 420-58 AUSTIN KING, INC. D/BIA KING ELECTRICAL CONTRACTORS: A RESOLUTION TO AWARD BID #20-58 AND AUTHORIZE A CONTRACT WITH AUSTIN KING, INC. D/BIA KING ELECTRICAL CONTRACTORS FOR ELECTRICAL SERVICES ON AN ON -CALL BASIS FOR A TERM OF ONE YEAR WITH AN AUTOMATIC RENEWAL FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteviile, Arkansas hereby authorizes awards Bid #20-58 and authorizes a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services on an on -call basis for a term of one year with an automatic renewal for up to four additional one year terms. PASSED and APPROVED on 10/20/2020 Page 1 Attest: `*,'rLERk <<1n��trrrrrr r0,-7 • G Kara Paxton, City Clerk Treasurys .9 �FI•;r`AS Printed on 10121120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 _1 _ Text File File Number: 2020-0818 Agenda Date: 10/20/2020 Version: 1 Status. Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A.7 BID #20-58 AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS: A RESOLUTION TO AWARD BID #20-58 AND AUTHORIZE A CONTRACT WITH AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS FOR ELECTRICAL SERVICES ON AN ON -CALL BASIS FOR A TERM OF ONE YEAR WITH AN AUTOMATIC RENEWAL FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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 awards Bid 920-58 and authorizes a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services on an on -call basis for a term of one year with an automatic renewal for up to four additional one year teens. City of Fayetteville, Arkansas Page ! Printed on 10/19/2020 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 39-21 File Number: 2020-1154 BID # 20-58 KING ELECTRICAL CONTRACTORS, INC. - 2019 PARK IMPROVEMENT BOND PROJECT: A RESOLUTION TO APPROVE A PROPOSAL FROM KING ELECTRICAL CONTRACTORS, INC. IN THE TOTAL AMOUNT OF $50,050.00, PURSUANT TO BID # 20-58, FOR ELECTRICAL SERVICES ASSOCIATED WITH THE SQUARE LIGHTING AND ELECTRICAL IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,005.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENT BOND PROJECT WHEREAS, on October 20, 2020, the City Council awarded Bid # 20-58 and authorized a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services on an on -call basis for up to five years. 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 a proposal from King Electrical Contractors, Inc. in the total amount of $50,050.00, pursuant to Bid # 20-58, for electrical services associated with Square Lighting and Electrical Improvements Project, and further approves a contingency in the amount of $5,005.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 2/2/2021 Page 1 Printed on 213121 Resolution: 39-21 File Number. 2020-1154 Attest: GOER K ���,��y' � • U T Y 0�;�9J,G rri Kara Paxton, City Clerk TreasureF FAYE�EV/t' i`�y'•;�gNSAs ••' •�' Page 2 Printed an 213121 City of Fayetteville, Arkansas 113 West Mountain Street w Fayetteville, AR 72701 (479)575-8323 i : Text File File Number: 2020-1154 Agenda Date: 2/2/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.2 BID # 20-58 KING ELECTRICAL CONTRACTORS, INC. - 2019 PARK IMPROVEMENT BOND PROJECT: A RESOLUTION TO APPROVE A PROPOSAL FROM KING ELECTRICAL CONTRACTORS, INC. IN THE TOTAL AMOUNT OF $50,050.00, PURSUANT TO BID # 20-58, FOR ELECTRICAL SERVICES ASSOCIATED WITH THE SQUARE LIGHTING AND ELECTRICAL IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,005.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENT BOND PROJECT WHEREAS, on October 20, 2020, the City Council awarded Bid # 20-58 and authorized a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services on an on -call basis for up to five years. 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 a proposal from King Electrical Contractors, Inc. in the total amount of $50,050.00, pursuant to Bid # 20-58, for electrical services associated with Square Lighting and Electrical Improvements Project, and further approves a contingency in the amount of $5,005.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 2/3/2021 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2020-1154 Legistar File ID 2/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/12/2021 Submitted Date Action Recommendation: PARKS & RECREATION (520) Division / Department Staff recommends approval of a proposal, based on the City contract for electrical service established by Resolution No 258-20, from Austin King, Inc D/B/A King Electric in the amount of $50,050 with a project contingency in the total of $5,005 for electrical services associated with the Square Lighting and Electrical Improvements project. Also, approval of a subsequent budget adjustment. Budget Impact: 4605.860.7520-5806.00 4605 - Parks Project 2019 Bonds Account Number Fund Neighborhood Park Impvs. 46050.7520.3000 Square Lighting & Electrical Project Number Budgeted Item? . Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Project Title $ 10,888.00 $ 10,887.50 $ 0.50 $ 55,055.00 $ 55,055.00 $ 0.50 V20180321 Purchase Order Number: 2020-393 -Engineering Element! Previous Ordinance or Resolution # 258-20: RFQ 20-01. #15 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF ilk) FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 2, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks and .Recreation Director FROM: Byron Humphry, Park Maintenance Superintendent DATE: January 12, 2021 SUBJECT: Square Electrical Improvements RECOMMENDATION: Staff recommends approval of a proposal, based on the City contract for electrical service established by Resolution No 258-20, from Austin King, Inc D/B/A King Electric in the amount of $50,050 with a project contingency of $5,005 for a total of $55,055 for electrical services associated with the Square Lighting and Electrical Improvements Park Bond Project. Also, approval of a subsequent budget adjustment. BACKGROUND: The Downtown Square lighting and electrical service was last renovated in 2008 and included new streetlights on the exterior of the square, bollard lighting in gardens, and better distribution of electrical service to accommodate the Lights of the Ozarks display. Since that renovation, much has changed with the electrical and lighting requirements around the square. The use of LED lighting for both Lights of the Ozarks and streetlights decreased the amount of electrical service required in some areas whereas the popularity of food trucks and street vendors has increased the demand for larger service in other areas. In addition, the Old Post Office building has changed ownership and use, now as a restaurant, requiring better pedestrian lighting and visibility for the interior sidewalks to create a safer and more inviting nighttime environment. The 2019 Parks Bond Program included $85,000 to upgrade the electrical service around the square to accommodate food trucks and vendors, eliminating the need for noisy generators. The project also called for enhanced lighting within the Square Gardens to highlight the gardens and the Old Post Office building. Engineering Elements was selected to design the electrical and lighting improvements (RFQ 20-01, Selection #15) for $8,000. DISCUSSION: The Downtown Square Gardens project, to enhance the garden lighting and improve the electrical infrastructure for vendors, will be split into two phases. This proposal is to complete the first phase which is to install power receptacles around the exterior of the, square to Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 accommodate vendors. Currently, the only power available for vendors is to utilize the same power supply for the Lights of the Ozarks. This power supply is on a timer and is only active when the lights are on at night. Allowing vendor use is very difficult for staff to manage and still maintain ample power for the lighting supply which has resulted in vendors using noisy generators or trying to share power with the light display. This project will provide new 50-amp and 20-amp service for vendors that is on a separate power grid from the light display where electricity will always be available. The second phase of the project will focus on the addition of lighting within the gardens and along the interior sidewalk to increase safety and visibility for pedestrians. The Transportation Committee met on December 29, 2020to determine if the lighting of the sidewalk with streetlights met the goals and funding of the Downtown Sidewalk/Walkability Improvements Bond Project. The committee asked staff to investigate a more decorative lighting design with a focus on highlighting the gardens and Old Post Office with lights in an artistic manner that allows for color and brightness control which could vary based on seasons or events and also provide ample lighting to accommodate safe pedestrian usage. Staff is currently working on the electrical design for this phase. BUDGET/STAFF IMPACT: ` 11 The total cost of phase one of this project, to add vendor electrical power, with King Electric is $50,050 with a project contingency of $5,005 and will be funded from the Neighborhood Parks Square Lighting and Electrical Park Bond Project. A budget adjustment is included with this council item. Attachments: King Electric Proposal Resolution 258-80 Engineering Elements Agreement KING ELECTRICAL CONTRACTORS 2145 WEST MOORE LANE FAYETTEVILLE AR 72704 479-443-0006 FAX 479-443-1719 Email: tim@ckingelectric.net PROPOSAL TO: PHONE DATE Byron Humphry 1-11-2021 JOB NAME Fayetteville Square Power for Flower Beds JOB DESCRIPTION This price is to install power for the 50amp pedestals that are provided by the city and the 20amp pedestals provided by the city. This includes pulling new wire and to separate the panels as per drawings Mat. $28,050.00 Labor $22,000.00 PROPOSAL GOOD FOR 30 DAYS DOLLARS: $ 50,050.00 TERMS: PAYMENT DUE UPON RECEIPT OF INVOICE AUTHORIZED SIGNATURE A FINANCE CHARGE WILL BE CHARGED ON ALL PAST DUE ACCOUNTS OF .0833% PER MONTH. ALL Tim Edwards ATTORNEY FEES WILL BE COLLECTED ON PAST DUE ACCOUNTS. THE ABOVE PRICES SPECIFICATIONS AND CONDITIONS ACCE ANCE SI URE ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 258-20 File (dumber: 2020-0818 BID #20-58 AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS: A RESOLUTION TO AWARD BID #20-58 AND AUTHORIZE A CONTRACT WITH AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS FOR ELECTRICAL SERVICES ON AN ON -CALL BASIS FOR A TERM OF ONE YEAR WITH AN AUTOMATIC RENEWAL FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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 awards Bid #20-58 and authorizes a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services on an on -call basis for a term of one year with an automatic renewal for up to four additional one year terms. PASSED and APPROVED on 10/20/2020 Attest: ``,�1t1t111r1/r7�� GLERK,�!�,. 01.0 Kara Paxton, City Clerk Treasuret::; ; F`1, ;,�,, Page 1 Printed on 10121120 City of Fayetteville, Arkansas Text File File Number: 2020-0818 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Agenda Date: 10/20/2020 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A.7 BID #20-58 AUSTIN KING, INC. D/B/A KING ELECTRICAL CONTRACTORS: A RESOLUTION TO AWARD BID #20-58 AND AUTHORIZE A CONTRACT WITH AUSTIN KING, INC. DB/A KING ELECTRICAL CONTRACTORS FOR ELECTRICAL SERVICES ON AN ON -CALL BASIS FOR A TERM OF ONE YEAR WITH AN AUTOMATIC RENEWAL FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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 awards Bid #20-58 and authorizes a contract with Austin King, Inc. d/b/a King Electrical Contractors for electrical services on an on -call basis for a term of one year with an automatic renewal for up to four additional one year terms. City of Fayetteville, Arkansas Page 1 Printed on 10/19/2020 Engineering Elements, PLLC 2458 E. Joyce Blvd; Suite I Fayetteville; Adonsas 72703 Phone (479) 695-1333 Fax: (479) 251-7982 April 28, 2020 Ms. Andrea Foren City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: Square Garden Lighting and Power Improvements Fayetteville, Arkansas Ms. Foren, I am pleased to propose electrical engineering services to you for the above referenced project. This proposal is based on the preliminary information I received from Mr. Wade Abernathy and from a conference call that occurred on April 28, 2020. It is my understanding that this project will consist of new lighting at the interior of the Square including walkway lighting, garden lighting and accent lighting on the Old Post Office. Our services will include standard basic engineering services consisting of preliminary design and design development, contract documents, bidding assistance, submittal review and construction observation. This level of services will pertain to the following systems as our part of the work. ' MEP Services: Our services include the following standard engineering services: a. Preliminary Design and Design Development. Two design review meetings are planned to evaluate design and light fixture selections. b. Contract Documents c. Bidding Assistance d. Value Engineering Process e. Submittal Review and Construction Observation. Scope of Systems Designed: The above -listed services will apply to the electrical systems listed below. Electrical: i. Exterior site lighting systems including walkway lighting, landscape lighting and building accent lighting. Specific care will be given to the selection of fixture characteristics such as lamp color temperature, aesthetics, camera mounting options and control systems. All new lighting shall feature LED lamp technology. ii. New lighting controls. Options will be explored and considered prior to final specification such as astronomical clock timers and wireless apps. Controls will include a hand -off -auto switch for manual override of lighting systems. iii. Electrical power distribution system for all new fixtures including conduit, wiring and overcurrent protection. iv. Additional electrical service capacity and service panelboards as necessary. V. General purpose power for vendor and food truck connection. Location and amperage of new receptacles will be reviewed and defined with City. vi. Empty conduit system for Owner furnished equipment where necessary. This includes new cameras provided under a separate contract. vii. Cost estimates for construction. 3. Fee: The fee for the above described services is proposed as a Fixed Fee of Eight Thousand Dollars ($8,000) for our portion of the work plus any reimbursable expenses attributed to the project. Additional services that you may request will be provided on an hourly basis utilizing the following hourly rates: Principal Engineer $165 Project Engineer $135 Designer $80 Administration $50 If this proposal is acceptable please sign in the space provided and return a copy for my files. If you have any questions or need additional information, please contact me. Sincerely, Shane R. Lanning, P Engineering Eleme s, PLLC 2 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division PARKS & RECREATION (520) /Org2 2021 (BY) I Requestor: Byron Humphry Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a proposal, based on the City contract for electrical service established by Resolution No 258 20, from Austin King, Inc D/B/A King Electric in the amount of $50,050 with a project contingency in the total of $5,005 for electrical services associated with the Square Lighting and Electrical Improvements project. Also, approval of a subsequent budget adjustment. COUNCIL DATE: 2/2/2021 LEGISTAR FILE ID#: 2020-1154 Ke'vi vL'Spr&nW-4" 1212312020 4:17 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE GLDATE: CHKD/POSTED: 2/2/2021 TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20201112 Account Name 4605.860.7520-5806.00 50,050 - 46050 7520.3000 EX Improvements - Park 4605.860.7520-5911.99 4605.860.7999-5899.00 5,005 - (55,055) - 46050 46050 7520.3000 EX 7999 EX Contingency - Capital Project Unallocated - Budget H:\Budget Adjustments\2021_Budget\City Council\02-02-2021\2020-1 154 BA Square Lighting 1 of 1 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 PARKS &RECREATION (520) 2021 Requestor: Byron Humphry BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A resolution to approve a proposal from King Electrical Contractors, Inc. in the total amount of $218,125, pursuant to Bid #20-58, for electrical services associated with the Square Lighting and Electrical Improvements Project and the Downtown Walkability Project, to approve a project contingency in the amount of $20,000, and to approve a budget adjustment. RESOLUTION/ORDINANCE COUNCIL DATE: 1 /4/2022 LEGISTAR FILE ID#: 2021-1035 Hovy 3lack� 12/16/2021 9:59 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 1/4/2022 CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20211122 Account Name 4602.860.7214-5809.00 130,797 - 46020 7214.3000 EX Improvements - Street 4605.860.7520-5806.00 4602.860.7214-5911.99 5,005 - 20,000 - 46050 7520.3000 EX 46020 7214.3000 EX Improvements - Park Contingency -Capital Project 4605.860.7520-5911.99 4602.860.7999-5899.00 (5,005) - (150,797) - 46050 7520.3000 EX 46020 7999 EX Contingency -Capital Project Unallocated - Budget H:\Budget Adjustments\2022_Budget\CITY COUNCIL\01-04-22\2021-1035 BASquare Lighting King ElectricalAsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1011 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.4 SEVEN HILLS HOMELESS CENTER: A RESOLUTION TO APPROVE A CONTRACT WITH SEVEN HILLS HOMELESS CENTER TO PROVIDE FUNDING ASSISTANCE IN THE AMOUNT OF $40,000.00 FOR MAINTENANCE AND REPAIRS AT THE WALKER FAMILY RESIDENTIAL COMMUNITY COMPLEX IN 2022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a contract with Seven Hills Homeless Center to provide funding assistance in the amount of $40,000.00 for maintenance and repairs at the Walker Family Residential Community complex in 2022. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Matthew Cabe Submitted By City of Fayetteville Staff Review Form 2021-1011 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/16/2021 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of a Contract with Seven Hills Homeless Center in the amount of $40,000 for the 2022 fiscal year to provide funding assistance for capital repairs at the Walker Family Residential Community Facility and Grounds. 4470.140.8900-5400.00 Account Number 18004.1 Budget Impact: Sales Tax Capital Improvements Fund 7-Hills Walker Family Residential Facility Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Project Title $ 40,000.00 40,000.00 $ 40,000.00 Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Paul Becker, Chief Financial Officer Wade Abernathy, Director of Bond Projects and Facilities FROM: Matthew Cabe, Building and Facilities Maintenance Manager DATE: December 9, 2021 SUBJECT: Approval of a contract in the amount of $40,000 with Seven Hills Homeless Center at the Walker Family Residential Community Facility. RECOMMENDATION: A Resolution to approve a contract with Seven Hills Homeless Center in the amount of $40,000 for the 2022 fiscal year for capital improvements at the Walker Family Residential Community. BACKGROUND: Each year since 2017 the City Council has passed resolutions approving contracts to provide funding assistance for repairs at the Walker Family Residential Community. As in previous years, Seven Hills and Facilities Management have outlined several items for repair or replacement to help support their programs. Items identified for fiscal year 2022 include replacement of interior doors and flooring in the dormitory, completion of interior window trim in the dormitory, and installation of additional exterior and street lighting to increase site security. DISCUSSION: A request for capital improvements at the WFRC was included in the 2022 CIP budget approved by City Council. The amount of that request totaled $40,000. The contract provides for the disbursement of this appropriation upon evidence of a contract or purchase commitment for work as approved by the Facilities & Building Maintenance Manager. This will ensure that the projects funded will be those identified and agreed upon by both Seven Hills and the City. It is also recommended that Seven Hills generally follow the selection rules for third party contracts that the City follows. BUDGET/STAFF IMPACT: This project is funded by Sales Tax Capital Improvement funds. Attachments: Contract with Seven Hills Homeless Center Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACT FOR BUILDING REPAIR AND MAINTENANCE_ Between the City of Fayetteville, Arkansas and Seven Hills Homeless Center THIS CONTRACT is made by and between the City of Fayetteville, Arkansas ("City") and Seven Hills Homeless Center ("Seven Hills"), and the parties agree as follows: Term. The term of this contract shall begin January 4, 2022 and end December 31, 2022. 2. City of Fayetteville's Rights and Responsibilities. a. City shall provide the amount of $40,000.00 for building repair and maintenance subject to the following conditions: i. Funds shall be used only for items critically needed as identified and approved by the City's Director of Bond Projects and Facilities. ii. City may disburse funds prior to commencement of a repair or maintenance project only upon a request that is supported by a valid contract or purchase order with a third party vendor on as needed basis approved in writing by the City's Director of Bond Projects and Facilities or the City's Chief Financial Officer. iii. City may reimburse Seven Hills for completed repair or maintenance work that was approved in writing prior to commencement of the work by the City's Director of Bond Projects and Facilities or the City's Chief Financial Officer. iv. Repair and maintenance work funded by the City shall be limited to the Walker Family Residential Community complex. b. City, through its Purchasing Division, will be available for consultation by Seven Hills to ensure City policies for quotes and bids are followed correctly. 3. Seven Hills Homeless Center's Rights and Responsibilities. a. Seven Hills shall comply with the City's purchasing policies for contracts and expenditures of $1,000.00 or more, including: i. Obtaining at least three written quotes for any contract or expenditure between $1,000.00 and $20,000.00; and ii. Advertising for bids for any contract or expenditure over $20,000.00. b. Seven Hills shall use the funds provided by the City only for the uses set forth in paragraph 2 above. c. Seven Hills shall submit quarterly reports (due no later than March 31, June 30, September 30 and December 31, 2022) to the City's Director of Bond Projects and Facilities detailing: i. The status of repair and maintenance projects being funded by the City; and ii. A full accounting of the funds received by Seven Hills from the City pursuant to this contract through the date of the report. d. Seven Hills shall run its facilities and programs in an appropriate manner and shall continue to provide the same level of services to the community as has been provided during year prior to the execution of this contract. e. Seven Hills shall promptly notify the -City of any repair or maintenance issues of which it becomes aware during the term of this contract. 4. Contract Amendments. Changes, modifications or amendments to the scope, price or fees dictated by this Contract shall not be allowed without a prior formal Contract amendment approved by the Mayor and the City Council of Fayetteville and by the authorized agent of Seven Hills Homeless Center in advance of the change. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth below. SEVEN HILLS HOMELESS CENTER A) I-,- L)b"-- MM Williams. Chief Executive Officer CITY OF FAYETTEVILLE, ARKANSAS Lioneld Jordan, Mayor Date: [ A - y - z-1 Date: ATTEST: Kara Paxton, City Clerk -Treasurer City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1020 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.5 File Type: Resolution BURNS AND MCDONNELL ENGINEERING COMPANY, INC. AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $42,764.00 FOR DESIGN SERVICES ASSOCIATED WITH A PROJECT TO ADDRESS SCOUR AT THE SOUTH ARMSTRONG AVENUE BRIDGE OVER TOWN BRANCH 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 Mayor Jordan to sign Amendment No. 1 to the Professional Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc. in the amount of $42,764.00 for design services associated with a project to address excessive scour at the South Armstrong Avenue bridge over Town Branch. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 City of Fayetteville Staff Review Form 2021-1020 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 12/15/2021 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract amendment with Burns and McDonnell Engineering Company, Inc. in the amount of $42,764 (total contract amount $62,754) for engineering design services to address excessive scour associated with Town Branch Bridge at S Armstrong Ave pursuant to selection RFQ 21-01 selection 10. 4470.621.8810-5314.00 Account Number 02108.2101 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Budget Impact: 02108 Other Drainage Improvements Fund Town Branch At Armstrong Bridge Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 356,917.00 $ 105,331.96 ? 251,585.04 $ 42,764.00 208,821.04 V20210527 2021-343 Previous Ordinance or Resolution # N/A 2021-0000030 Approval Date: Comments: Original contract under $20k and approved administratively. CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer CITY COUNCIL MEMO DATE: December 15, 2021 SUBJECT: Approval of a contract amendment with Burns and McDonnell Engineering Company, Inc. in the amount of $42,764 (total contract amount $62,754) for engineering design services to address excessive scour associated with Town Branch Bridge at S Armstrong Ave pursuant to selection RFQ 21-01 selection 10 RECOMMENDATION: Staff recommends Approval of a contract amendment with Burns and McDonnell Engineering Company, Inc. in the amount of $42,764 (total contract amount $62,754) for engineering design services to address excessive scour associated with Town Branch Bridge at S Armstrong Ave pursuant to selection RFQ 21-01 selection 10. BACKGROUND: The bridge in question appears to have been in place since at least 1978 according to aerial photography. This bridge receives annual inspections from ARDOT similarly to all bridges within the area. The bridge has been experiencing scour for quite some time, however, recent rains seem to have accelerated this scour. DISCUSSION: Due to the increase in scour under the bridge over the past few years, ARDOT has placed the bridge on their scour critical list. This requires the City to perform an inspection of the scour after every rain event that causes the stream gauge to exceed 10.83 feet in height. This is obviously a short-term monitoring program with the need of a more permanent solution to address the scour that has occurred and prevent further scour in the future. As such staff recommends approval of a contract with Burns and McDonnell Engineering Company in order to develop construction documents to restore the banks and eliminate scour. Burns McDonnell completed some preliminary work under the original contract to analyze the bridge and determine feasible solutions which can be found within this packet along with the revised agreement. This original work was under $20,000 and approved administratively. This amendment is a continuation of that work to aid in the design of the repairs. The design will be accomplished through a combination of consulting services and staff design. Burns McDonnell Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 will mainly be handling the design specific to the bridge structure and scour. Staff will be handling the administrative items and ancillary portions of the design such as maintenance of traffic. Construction funding has been proposed as a CIP project within the 2022 budget. BUDGET/STAFF IMPACT: The design for this project is proposed to be paid for with CIP funds, project 02108 Other Drainage projects. Attachments: Contract Amendment 1 Preliminary Report BURNS & X MEDONNELL AMENDMENT No. 1 AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT Date: 11/29/2021 THIS AMENDMENT modifies the Agreement dated May 12. 2021 made by and between Burns & McDonnell Engineering Company, Inc., (hereinafter called ENGINEER), and City of Fayetteville, Arkansas acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) for the following Project: Armstrong Ave Bridge over Town Branch. For good and valuable consideration, the sufficiency of which is acknowledged, the parties agree to make the following changes to their Agreement. 1. The parties agree that the ENGINEER's Scope of Services is amended as follows: The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2. The following adjustments are made to the ENGINEER's compensation: The lump sum authorized for this Amendment No. 1 is $42,764. Justification of costs and fees is included in Appendix B attached hereto and made part of this Agreement. 3. The time for completion of ENGINEER's Services is adjusted as follows: The provisions of this Amendment have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Amendment. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is described in Appendix A. 4. Other changes to the Agreement, if any, are stated below: None 5. The terms of this AMENDMENT supersede any contrary terms of the Agreement. This AMENDMENT will be deemed a part of, and be subject to, all other terms and conditions of the Agreement. Except as modified above, the Agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT the day and year first written above. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES. AE-6 FORM CITY OF FAYETTEVILLE, ARKANSAS 0 Name: Lioneld Jordan Title: Mavor ATTEST: By: Name: Title: City Clerk BURNS & MCDONNELL ENGINEERING COMPANY, INC. Digitally signed by - Steven Beam By: Data• 2021 i P ni Name: Steven Beam Title: Business Manager AE-6 FORM BURNS MEDONNELL APPENDIX A TO AMENDMENT NO. 1 PROFESSIONAL ENGINEERING SERVICES AGREEMENT SCOPE OF SERVICES PROJECT DESCRIPTION The City of Fayetteville (Owner) plans to conduct engineering for the rehabilitation of the embankment slopes and structural steel pile for the intermediate bents on the Armstrong Road bridge over Town Branch. Bridge inspection reports performed by ARDOT has listed these items as Priority C-Important. The proposed project amendment will be to provide support for development of the construction documents to rebuild the embankment slopes, repair/protect the intermediate bent piles, remove and replace expansion joints, placement of epoxy polymer overlay and paint the steel beams. Phase It: Construction Documents Items not included in this Phase are: A. Geotechnical investigation B. Environmental studies and investigations C. Construction observation Task 1— Project Management/Administration Provide the management functions required to complete the scope of work. Tasks include: A. Correspondence with the City B. Quality control/quality assurance reviews C. Scheduling and assignment of personnel resources D. Monitoring of work progress E. Invoicing for work performed F. Providing project status updates to the City outlining work performed during the invoicing period, upcoming work activities, and outstanding actions required by the City. G. Assist City with pre -bid and respond to questions. Task 2 — Kickoff Meeting Have a brief meeting with team members to discuss the project scope. Topics/Tasks include: A. Safety B. Scope of services C. Plan details and layout D. Schedule Task 3 — Plan Details, Project Manual, Cost Estimate and Permits Activities performed by the City: A. Hydraulic analysis and scour B. Field survey C. Plans a. Cover sheet and index b. General plan and elevation sheet i. Includes erosion control and striping details c. Maintenance of traffic sheets d. General notes sheet (City to prepare sheet) i. Excluding painting and polymer overlay notes e. General quantities sheet (City to prepare- sheet) i. Includes signage, erosion control, gabions, filter fabric, flowable fill, granular material. ii. Excludes concrete, reinforcing steel, structural steel, joints, polymer overlay, painting. f. Embankment repairs and details D. Project manual a. Excludes necessary special provisions for pile strengthening, expansion joint replacement, polymer overlay or painting. E. Permits Activities performed by BMCD: A. Embankment repair material review and collaboration. B. Plans a. General notes sheet (City to prepare sheet) i. Includes painting and polymer overlay notes. b. General quantities sheet (City to prepare sheet) i. Includes concrete, reinforcing steel, structural steel, joints, polymer overlay, painting. c. Pile strengthening and encasement sheet d. Expansion joint replacement sheet C. Applicable special provisions D. Construction cost estimate E. Review entire plan set F. Bid services a. Including pre -bid meeting and responding to questions. b. Excludes advertisement, bid package review, concurrence of bids, letter of recommendation etc. Task 4 — Deliverables The deliverables for the project will be: A. Notes as stated above B. Quantities as stated above C. Pile strengthening and encasement sheets D. Expansion joint replacement sheet E. Construction Cost Estimate Appendix B - Justification of Costs and Fees November 29, 2021 Armstrong Ave Bridge over Town Branch City of Fayetteville Phase H: Construction Documents TASK 'Task 1 - Project ManagementfAdministration Correspondence with the City Quality control/quality assurance reviews Invoicing for work performed Bid services (pre -bid, respond to questions etc.) 'Task 2 - Kickoff Meeting Kickoff Meeting 'Task 3 - Plans, Proj. Manual, Cost Est. Embankment Material Review Plans General Notes (1 Sheet, City) BMCD (Painting and polymer ov General Quantities (1 Sheet, City) BMCD (Conc., rebar, str. steel, j p. overlay, painting) Pile Strengthening and Encaseme Expansion Joint Replacement (1 S Project Manual (City) SPs for p. overlay (BMCD) Construction Cost Estimate (BMCD) Review entire plan set 'Task 4 - Deliverables Address comments Sign and seal Miscellaneous Site visit egory - Description - Project Manager - Senior Engineer :E - Staff Engineer ;H - Technician AN - Administrative Assistant MANHOURS PM 'r_: erlay notes) 4 oints, 8 nt (2 Sheets, BMCD) 16 heet, BMCD) 14 1 6 6 4 2 4 TOTAL MH - Phase II: 2 101 LABOR COSTS Rate MH Amount $241.00 2 $482 $206.00 101 $20,806 $169.00 70 $11,830 $169.00 48 $8,112 $126.00 12 $1,512 Subtotal Labor Costs $42,742 1 of 2 Appendix B - Justification of Costs and Fees November 29, 2021 Armstrong Ave Bridge over Town Branch City of Fayetteville Phase ❑: Construction Documents EXPENSES ITEM Quantity Unit Rate Amrnmt iPrinting (8 1/2 x 11) 0 each $0.08 $0 (Printing (11 x 17) 0 each $0.35 $0 (Plotting (22 x 34) 0 each $1.35 $0 (Mileage (1 trip @ 40 miles) 40 mile $0.560 $22 !Lodging each $88.00 $0 Meals (per day) each $25.00 $0 $0.00 $0 Subtotal Expenses $22 TOTAL COSTS - Phase II: Construction Documents $42,764 BASIS OF ESTIMATE Description 2 of 2 SOUTH ARMSTRONG AVENUE BRIDGE OVER TOWN BRANCH � EMBANKMENT REHABILITATION _ AND PILE ANALYSIS SUBMITTED TO CITY OF FAYETTEVILLE AUGUST 13, 2021 TABLE OF CONTENTS ExecutiveSummary..............................................................................................1 1.0 Hydraulic Data...........................................................................................1-1 2.0 Intermediate Bent Piles..........................................................................2-1 3.0 Conclusions & Recommendations........................................................3-1 Appendix A - Channel Profile Measurements Appendix B - General Plan and Elevation Appendix C - Construction Cost Estimate Appendix D - ARDOT Inspection Report Appendix E - References LIST OF FIGURES Figure1-1: Drainage Area......................................................................................................1-1 Figure 2-1: Corrosion and Section Loss at Bent 3, Pile 5..........................................2-1 Figure 2-2: Corrosion and Section Loss at Bent 2, Pile 1.........................................2-2 Figure 2-3: Corrosion and Section Loss at Bent 2, Pile 2........................................2-2 Figure 2-4: Impact Damage at Bent 2, Pile 3...............................................................2-3 Figure 2-5: Impact Damage at Bent 2, Pile 3.............................................................. 2-4 LIST OF TABLES Table 1-1: Peak Streamflow Data.......................................................................................1-2 Table 2-1: Intermediate Bent Pile Section Losses........................................................2-1 Index and Certification Burns & McDonnell Recommendation Report for South Armstrong Avenue Bridge over Town Branch Project No. 134045 Report Index (hapter Number 1.0 (hapter Title Number of Pages Hydraulic Data 2 2.0 Intermediate Bent Piles 4 3.0 Conclusions & Recommendations 1 Appendix A Channel Profile Measurements 2 Appendix B General Plan and Elevation 2 Appendix C Construction Cost Estimate 1 Appendix D AFOOT Inspection Report 12 Appendix E References 1 Certification I hereby certify, as a Professional Engineer in the state of Arkansas, that the information in this document was assembled under my direct personal charge. This report is not intended or represented to be suitable for reuse by the City of Fayetteville or others without specific verification or adaptation by the Engineer. �g'rA?6 OFAR AS �+ O LICENSE PROFESSIONAL. 0 LfNGIN� 0 No.17 72 a 4 t(13/20Pe � MICHP o f BURNS MSDONNELL" Travis M. Rapp (AR-17472) BMcD Engineer, P.E. (state & license) Date: August 13, 2021 City of Fayetteville Index and Certification Executive Summary The City of Fayetteville hired Burns & McDonnell to perform an embankment study and pile structural analysis for the South Armstrong Avenue Bridge over Town Branch. The existing bridge was built in 1972 and is a 108-foot long three span (32.42'-40.33'-34.67') continuous composite rolled beam structure that is skewed 45 degrees. The bridge has a 25,-0', clear roadway width with a raised 5'-2" wide sidewalk along the east side and is supported by five beam lines spaced at 6'-6". The end and intermediate bents are founded on structural steel H- piles. In 2019 the average daily traffic (ADT) was 3,700 vehicles per day.' Bent and pile labeling shown in this report coincides with the naming convention used in the last inspection report included in Appendix D. It is our understanding that the City's goal for this report is to provide recommendations that will extend the bridge's service life. BURNSM�DONNELL" City of Fayetteville Executive Summary 1 1.0 Hydraulic Data The watershed for Town Branch was delineated at the South Armstrong Avenue bridge location by using the USGS StreamStats web application.' This produces a drainage area of 11.8 square miles. Figure 1-1 shows the boundaries and limits for the drainage area. Figure 1-1: Drainage Area 4124 93¢6 892 3321 4292 3883 180 y_ - 8T] 84 - - 3311 ?�4T .... .. 882 e76 r2k I I 265 .• 388] �� _ 2— 2111 t YJyr 661 z] 141 50 r f1, 350 `1 ll A /J f iV 75 5�/ 33e zlor aQ3 6ao Fury rttw:ir 222a r6A8 - 3329 ,99 d 8644 195 16,995 all 141 6] a12�� JJ Farmingtong 1- 55 6 f 10L' - 5 -1 I.I 255 1412 2121 213 2250 265 169 141 211 I'..1., i16. _ 25 - 55 51 134 2251 264 1]0 254 4164 256 Drake 69 41 az s3 _ u3 2253 fidd3218 = 165 28824 25] x 4163.3 5 Greenland 2198 46 202 265 12 16i 2212 During the site visit, vertical measurements were taken from the top of sidewalk curb along the east side of the bridge to the groundline below. These measurements were taken at 10-foot intervals to determine the channel profile at the bridge. These measurements and resulting channel profile are provided in Appendix A. The bridge has a USGS stream gage attached to it. Historical data' was referenced from the gage to determine velocities at peak flow for the last six years. Flow rates and gage heights were given from the stream gage information. At a given gage height the channel profile at the bridge was utilized to calculate the area of the open channel. Once complete, velocities were determined by implementing the continuity equation (Q = VA). All pertinent information is displayed in Table 1-1. BURNSM�DONNELL` City of Fayetteville Hydraulic Data 1-1 In addition to the stream gage data, peak flow rates for the 2% and 1% Annual Change (50 and 100-year, respectively) events were derived by using the USGS StreamStats web application.2 This data is provided in Table 1-1 as well. Table 1-1: Peak Streamf low Data Water Year Date Gage 2015 2015-12-27 18.59 4,840c 1,310.9 3.7 2017 2017-04-29 19.12 5,260c 1,311.4** 4.0 2018 2018-05-03 15.50 2,850 1,036.0 2.8 2019 2019-06-23 18.19 4,550 1,292.9 3.5 2020 2020-01-11 16.42 3,370 1,120.5 3.0 2% Annual Chance (50-Year) N/A N/A 9,890 1,311.4** 7.5 Event 1% Annual Chance (100-Year) N/A N/A 12,200 1,311.4** 9.30 Event C - All or part of the record attected by Urbanization, Mining, Agricultural changes, Channelization, or other. * - Values computed by Burns & McDonnell. ** - Maximum waterway opening. Research performed by Freeman and Fischenich4 indicates that gabion baskets can be used in stream applications where flows exceed velocities of 20 feet per second. The calculated velocities of Town Branch after peak flow events are less than that threshold, and it is our recommendation to form and place gabion basket walls along each end bent. Additionally, flowable select material shall be used as backfill behind the walls to fill voids and areas underneath the end bents. Implementing this strategy will prevent any backfill from washing away or becoming displaced during periods of heavy flow. Being proactive will minimize further undermining of the end bents. If conditions worsen, repairs will be more involved. Additional detail about these recommendations is provided in Section 3.0. BURNSM�DONNELL" City of Fayetteville Hydraulic Data 1-2 2.0 Intermediate Bent Piles The most recent bridge inspection report indicated that corrosion and section loss of the intermediate bent piles near the normal water surface elevation was a concern. While on - site, the piles were documented with photos and caliper measurements. Section losses were confirmed, and an additional pile was identified with heavy section loss at Bent 2, Pile 2. Table 2-1 depicts the section loss at the various intermediate bent piles. Table 2-1: Intermediate Bent Pile Section Losses Figure 2-1: Corrosion and Section Loss at Bent 3, Pile 5 BURNSMSDONNELL" City of Fayetteville Intermediate Bent Piles 2-1 Figure 2-2: Corrosion and Section Loss at Bent 2, Pile 1 Figure 2-3: Corrosion and Section Loss at Bent 2, Pile 2 BURNSMSDONNELL" City of Fayetteville Intermediate Bent Piles 2-2 An analysis was performed to determine the structural adequacy of the intermediate bent piles. The results conclude that the piles can withstand localized section loss of up to 32% before posting of load or strengthening would be necessary. Three piles raise concern, in particular Bent 2, Pile 2 which has section loss estimated to be 40%. Corrective action such as strengthening should be considered for this pile. To preserve the structural section of the remaining H-piles, it is recommended to encase the bottom exposed regions of the piles (up to the first lateral angle bracing) within concrete webwalls. Load ratings were calculated for both HS-20 and H-20 design trucks. From the analysis it was determined that the H-20 loading was sufficient and did not control. Inventory and operating ratings corresponding to the HS-20 loading were 31 tons and 51 tons, respectively. An inventory rating is defined as live load which can safely utilize an existing structure for an indefinite period of time. An operating rating is defined as the maximum permissible live load to which the structure may be subjected. Allowing unlimited numbers of vehicles to use the bridge at operating level may shorten the life of the bridge. During our site visit we observed one additional item not included in the prior inspection report; this was the northernmost flange of Bent 2, Pile 3 has been damaged due to impact. One of the previous embankment repairs at Bent 1 has failed and a portion of the concrete within that repair slid and/or toppled down the embankment and came to rest after striking the pile. Figure 2-4 and Figure 2-5 show the condition of the affected pile. No immediate concerns arise from this damage. Figure 2-4: Impact Damage at Bent 2, Pile 3 BURNSM�DONNELL" City of Fayetteville Intermediate Bent Piles 2-3 Figure 2-5: Impact Damage at Bent 2, Pile 3 BURNS &MSDONNELL City of Fayetteville Intermediate Bent Piles 2-4 3.0 Conclusions & Recommendations Based on the observations and analysis described herein, we have the following recommendations. 1. Strengthen Bent 2, Pile 2. This could entail welding of structural steel plate to the existing web and flanges that is of sufficient length to extend 12 inches in each direction beyond the region of section loss. 2. If Bent 2, Pile 2 is not strengthened, the bridge should be load posted for 31 tons (inventory) or 51 tons (operating) depending upon the City's posting policy. 3. Reconstruct the bridge embankments using gabion baskets at the end bents and tie them back to the fill upstream and downstream of the bridge. Removal of all previous embankment repairs prior to placing the gabion basket wall is recommended. The embankment scour has progressed to the point of concern because the existing bridge is no longer of adequate length for current stream flows, and the embankments under the bridge are transforming to take a similar shape to that of the upstream and downstream channel banks. This may not be a permanent solution, but it will extend the life of the bridge. 4. Encase the existing steel H-pile columns at the intermediate bents within a concrete webwall to mitigate any further section loss. The webwall should extend in height from 12" below the existing groundline up to the bottom of the lowest level of angle bracing. If section loss exceeds 32%, strengthening the pile is still required even if encased in concrete. 5. Remove the large tree that is wedged on the intermediate bents on the upstream side of the bridge. This large blockage will capture additional debris increasing the lateral load on the intermediate bents and redirecting flow from the center of the channel to the banks increasing erosion potential. The findings at Bent 2, Pile 2 are concerning and repairs are warranted; however, the bridge is not in imminent danger of collapse. We do recommend that the City establish a plan of action to address the pile section loss regardless of whether or not the embankments are reconstructed. Upon final decision of repairs, strengthening Bent 2, Pile 1 and Bent 3, Pile 5 should also be considered. The extents of proposed repairs can be viewed on the "General Plan and Elevation" sheet shown in Appendix B. The overall project cost is estimated to be $179,970. A breakdown of the cost estimate is shown in Appendix C. Any references provided within the body of this report are documented in Appendix E. BURNSMSDONNELL` City of Fayetteville Conclusions & Recommendations 3-1 Appendix A - Channel Profile Measurements or o° 0� �77Zr �c `o 13'-6" . 10'-0.1 10'-0.1 10'-0.1 10'-0.1 10-0" 10-0" 10-0" 10-0" 10-0" 10-0" 10-0" 1� -- 1-7----------- /�--------------- /------------ —7iY -- 7 i/ i/ 17H- /"%/ 4y/ /y/ / H H// /// Sidewalk / H/, H, Hi // A // _��_T/-----------_ /----------- - - - - --- -------------- —- - - - - Bent No. 1 Bent No. 2 PLAN Bent No. 3 Bent No. 4 CTI'Y OF FAYETTEVILLE SEAL ORIGINAL 1IGNAn1RE ON FE.E V U cnC Q C) 0 W J J Top of Sidewalk Curb 1 L IIC -M - - --III - - —III- _ - IIC - - HE - - 1 - - 31 - -ill - - - III - - IE - - ➢L - - -M - - -31 - - - III - - - IIC - - E - - ]Q - - Al - - -31 - - - III- IL - - ➢L - - -1 -1Ill -rm-- -�--- - - - - -- rr - -- - -- - - --- - - - F7 - - - - - - - --- , o _ Ti Ti = II11 n II `i' II 11 II II 11 II N � II 11 II a II 11 11 11 II N 11 11 Existing II II o 0 II 11 II II Groundline II II s II II II II II II II II II II a II II II II d H H 13'-6" I 10-0" I 10-0" I 10'-0" I 10'-0" I 10'-0" I 10'-0" I 10'-0" I 10'-0" I 10'-0" I 10'-0" 1 10'-0" ELEVATION CHANNEL PROFILE MEASURE- MENTS DRAWNBY: DATE: JGS 612021 CHECKED BY: DATE: TMR 612021 DESIGNED BY: DATE: JGS 6/2021 scwce: ioa,�vNrBEa: 1"= 10' 1 134045 BR-01 Appendix B - General Plan and Elevation Existing Concrete Repairs to be Removed, typ. 117 T — / H / / ///H / 2 45°i { Y P //H / r / • — // H Approx. 0.38 miles to E. 15th St. H BEGIN BRIDGE PLAN o° 0� U 3 Proposed Concrete Webwall, typ. U Proposed Gabion Basket Wall, typ. O a Pile 1, /ii1 — _---—— — — — — —— — t --- /— -- / _ yp- — H— �/ — — o 3 / / 0 0 / / Pile 4 / typ / / Pile 5, typ. Total Length of Bridge 109' 6"= 107'-5" Continuous Composite Rolled Beam Unit (32.42'-40.33'-34.67') Pile 2, // H typ. /rj/ / Approach Pile 3, // /// / Slab, typ. typ. H / /// / Approx. 0.23 miles _ to Pump Station Rd. / H/// 1 ' - 0'/""_ END BRIDGE Cr OF FAYETTEVILLE SEAL NOTES Utilities are not shown. Skew not shown in "ELEVATION" for clarity. O Place on Filter Blanket and Backfill with Flowable Select Material. O2 Strengthen pile. ORIGINAL SIGNA= ON FILE W J J Proposed Gabion Basket Wall, typ. Raised Concrete Curb with Guardrail Plowable Select Material, typ. ` 1 0 C HE - - --III- - -III- - - II - � - - I - 31 - -III - - - III-- _ IE - ➢L - - -M - - -31 - - -III- - - IIC - - E - - -E - — Al - - -II - - III- - - IL - - ➢C - - 70 -1Ill - - - I_ llf—_=_ __T-—__�—_—_*—_--0(__ —_—T=_�__—IIF--III--T-417 =11f ==ll-=---_—_I—_ t7_�ltl-- — — — — — — — — — — — a Ti Ti U III II II II II 0� Existing Concrete 11 II 11 Existing II Groundline 11 Proposed Concrete Webwall, typ. II II II II 11 II Repairs to be II 11 11 \\\ 11 II Removed, typ. II 11 II 11 II II II II II a 1 1 — 1 HP10x42 Piles II HP10x42 Piles 1 — 1 i Bent No. 1 Bent No. 2 HP12x53 Piles, typ ELEVATION Bent No. 3 Bent No. 4 GENERAL PLAN AND ELEVATION DRAWNBY: DATE: JGS 6/2021 CHECKED BY: DATE: TMR 612021 DESIGNED BY: DATE: JGS 6/2021 scwce: ioa,�vNrBEa: 1"= 10' 1 134045 BR-02 Appendix C - Construction Cost Estimate PAY ITEM NO. 201 PAY ITEM NAME CLEARING QUANTITY 1 LS UNIT COST $5,000 TOTAL COST $5,000 201 GRUBBING 1 LS $2,000 $2,000 206 FLOWABLE SELECT MATERIAL 116 CUYD $150 $17,400 601 MOBILIZATION 1 LS $20,000 $20,000 629 GABIONS 341 CUYD $270 $92,070 802 CLASS S CONCRETE - BRIDGE 35.40 CUYD $1,000 $35,400 816 FILTER BLANKET 100 SQYD $6 $600 821 MODIFICATION OF EXISTING BRIDGE STRUCTURE (BRIDGE NO. 19976) 1 LS $7,500 $7,500 $179,970 Appendix D - ARDOT Inspection Report _ Bridge #19976(Underwater type 2, Routine) Armstrong Avenue over Town Creek - Wash. Co. KANSAS DEPARTMENT V.�F TRANSPORTATION Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 S-1':ry Y4�,lu a4 '`#r. � •�'�. I f� �2�`� �'?�� :x ��r. 7,10 . _ '-'- - .s '••rv--,r• - 1. .4.. - = •. Latitude:36.04339, Long itude:-94.13611 Route:2070 Section:00 Log:O Arnold Road ID:72xSARMSTR0NGAVEx3xA, Arnold Log mile:0.366 Dist. 04, Washington County _ Bridge #19976(Underwater type 2, Routine) VARK.?RANSPORTATION Armstrong Avenue over Town Creek - Wash. Co. ANSAS DEPARTMENT Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 0.4 MI SOUTH SH 16 SUMI11ERSEY k til+ North St E North st LLEY CITYPARK NORTH SEQUIWAH W Mapre st MOUNT NOR6 IIVI ITY University of IECHTS Arkansas tl8b BREEZY HEaGIiTS W Center St Fayetteville SEOLQYAH PREiERVE FAIR PARK 16 IENNINGSPLUSr �unlsvilJe Rd TER CEOARPOINT ARCADLA CONDOS 266 Fiyette Junction III FALYETTEVILLE INDUSTRIAL PARK FAYETTEVILLE 71 COUNTRYCLU13 t Kill MASTERS AR STONE MOUNTAIN v z WTl%WVSTONE9RIOGE tC 57 8 STARK DRLYE CANVAS KIHX! AIN DAMID Ill VILLAGE DEl CRUCENT LAKE SEOLICY WACO- pant Ln LV bing ROBINSON Drake Field Copyright ©2020 MicrdstkFAN� suppliers. All rights rase v F ATFS 36.04339,-94.13611 _ Bridge #19976(Underwater type 2, Routine) VARK.?RANSPORTATION Armstrong Avenue over Town Creek - Wash. Co. ANSAS DEPARTMENT Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 Maintenance Needs Date Reported: 04/18/2012 Priority: C - Important Type of Work: Repair Status: Monitor Component: Deficiency Description The channel embankment adjacent to the north and south abutments - There is significant embankment erosion adjacent to both abutments with earth settlement under both abutment caps. Earth settlement has exposed the piling. Exposed piling have active corrosion with up to 1/8" section loss during this inspection. Concrete collars placed adjacent to the abutments in the past as an erosion countermeasure are undermined. Remarks There is significant embankment erosion adjacent to both abutments with earth settlement under both abutment caps. Earth settlement has exposed the piling. Exposed piling have active corrosion with up to 1/8" section loss during this inspection. Concrete collars placed adjacent to the abutments in the past as an erosion countermeasure are undermined. s There is significant embankment erosion adjacent to both abutments with earth settlement under both abutment caps. Earth settlement has exposed the piling. Exposed piling have active corrosion with up to 1/8" section loss during this inspection. Concrete collars placed adjacent to the abutments in the past as an erosion countermeasure are undermined. V KANSAS DEPARTMENT TRANSPORTATION Bridge #19976(Underwater type 2, Routine) Armstrong Avenue over Town Creek - Wash. Co. Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 There is significant embankment erosion adjacent to both abutments with earth settlement under both abutment caps. Earth settlement has exposed the piling. Exposed piling have active corrosion with up to 1/8" section loss during this inspection. Concrete collars placed adjacent to the abutments in the past as an erosion countermeasure are undermined. South embankment erosion at abutment 2. V KANSAS DEPARTMENT TRANSPORTATION Date Reported: 04/18/2012 Priority: C - Important Type of Work: Repair Status: Monitor Component: Miscellaneous Bridge #19976(Underwater type 2, Routine) Armstrong Avenue over Town Creek - Wash. Co. Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 Deficiency Description The expansion joint assemblies at the North and South bridge ends - The expansion joint anchorage is loose at both abutments. Both joints are noisy and have movement during live load impacts. The joint seals are in place but leak water and debris on the abutments and the ends of the beams. Remarks The expansion joint anchorage is loose at both abutments. Both joints are noisy and have movement during live load impacts. V KANSAS DEPARTMENT TRANSPORTATION Date Reported: 04/18/2012 Priority: D- Routine Type of Work: Repair Status: Open Component: Deck Bridge #19976(Underwater type 2, Routine) Armstrong Avenue over Town Creek - Wash. Co. Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 Deficiency Description Deck - The driving surface of the deck has sealable cracking in all spans. Remarks Span 2-Transverse cracking. .t jt- aIN Span 1, left lane-Maperacking. _ Bridge #19976(Underwater type 2, Routine) Armstrong Avenue over Town Creek - Wash. Co. KANSAS DEPARTMENT V'�'F TRANSPORTATION Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 Span 2-Transverse cracking. _ Bridge #19976(Underwater type 2, Routine) Armstrong Avenue over Town Creek - Wash. Co. ANSAS DEPARTMENT V.?RANSPORTATION Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 Date Reported: 02/27/2014 Priority: C - Important Type of Work: Repair Status: Monitor Component: Substructure Deficiency Description Substructure - Steel Piling at Bents #2 and 3 have no paint system with active corrosion and section loss at the base of bents. Piling typically have 1 /8" section loss at this inspection at or near the normal water elevation. The most extreme areas are the flanges at bent #3, pile #5 with 5/16" section loss with 3/16" remaining section, and bent #2, pile #1 which has knife edge section loss and are reduced in width by 1/2". Remaining thickness ranges from 1/4" down to 3/16" at the normal water elevation. Remarks Bent #2, pile #1-Section loss to flange. Section loss to pile flange. V KANSAS DEPARTMENT TRANSPORTATION Bridge #19976(Underwater type 2, Routine) Armstrong Avenue over Town Creek - Wash. Co. Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 Bent #2, pile 1-Knife edge section loss to flange. _ Bridge #19976(Underwater type 2, Routine) Armstrong Avenue over Town Creek - Wash. Co. KANSAS DEPARTMENT V'�'F TRANSPORTATION Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 Date Reported: Priority: Type of Work Status: Component: 02/08/2018 C - Important Repair Open Superstructure Deficiency Description Superstructure - There is active corrosion forming in the ends of the beams over the abutments where the expansion joints leak water on the superstructure. The most noteworthy example is at Bent # 4, Beam # 3. The bottom flange is reduced to 7/16" adjacent to the bearing at this inspection. The sole plates have heavy deterioration, section loss and pack rust. The majority of the superstructure has freckled rust showing through the paint system. Remarks � =j .'s4 r,` t- �.•� .yam �i Span 3, beam 1 @ abutment 2-Pack rust 3/16" Span 3, beam 3 @ abutment 2-Corrosion. section loss. tigy V KANSAS DEPARTMENT TRANSPORTATION Bridge #19976(Underwater type 2, Routine) Armstrong Avenue over Town Creek - Wash. Co. Location: 0.4 MI SOUTH SH 16 Team Lead: Bob McEntyre Inspection Date: February 19, 2020 Date Reported: 02/19/2020 Priority: B - Pressing; 6 month completion goal Type of Work: Clean Status: Open Component: Channel Deficiency Description Channel - The channel has a large tree wedged against bents #2 and #3. Remarks The channel has a large tree wedged against bents #2 and #3. Appendix E - References 1. ARDOT System Information & Research Division, 2019, Average Daily Traffic data available on the World Wide Web (ARDOT Interactive ADT Web APP) , accessed June 22, 2021, at URL https://ardot.maps.arcgis.com/apps/webappviewer/index.html?id=8deb09579210490bafb97 bd03c3c0792 2. U.S. Geological Survey, 2021, The StreamStats program for Arkansas, online at http://water.uscis.ciov/osw/streamstats/arkansas.html, accessed on June 22, 2021. 3. U.S. Geological Survey, 2021, National Water Information System data available on the World Wide Web (USGS Water Data for the Nation), accessed June 22, 2021, at URL https://nwis.waterdata.usgs.gov/nwis/peak?site_no=07048495&agency cd=USGS&format=h tml 4. Freeman, G. E., and Fischenich, J.C. (2000). "Gabions for Streambank Erosion Control," EMRRP Technical Notes Collection (ERDC TN-EMRRP-SR-22), U.S. Army Engineer Research and Development Center, Vicksburg, MS. https://apps.dtic.mil/sti/pdfs/ADA378403.pdf BURNS N MCDONNELL,M CREATE AMAZING. 6S76 Lynch's Prairie Cove, Suite B Springdale, Arkansas 72762 burnsmcd.com City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1033 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 CROSSLAND HEAVY CONTRACTORS, INC. CHANGE ORDER NO.2 - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO APPROVE CHANGE ORDER NO.2 WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $502,949.80 FOR THE SA1N STREET EXTENSION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 STREET IMPROVEMENT BOND PROJECT WHEREAS, on December 1, 2020, the City Council passed Resolution No. 304-20 approving a contract with Crossland Heavy Contractors, Inc. for the construction of the Sain Street Extension Project; and WHEREAS, Change Order 2 will include the addition of a roundabout and utility relocations. 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 Mayor Jordan to sign Change Order No. 2 to the contract with Crossland Heavy Contractors, Inc. in the amount of $502,949.80 to provide for the addition of a roundabout and utility relocations associated with the construction of the Sain Street Extension Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing Federal Aid funds received from the Arkansas Department of Transportation. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 City of Fayetteville Staff Review Form 2021-1033 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Paul Libertini 12/15/2021 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: A Resolution to approve Change Order #2 to the construction contract with Crossland Heavy Contractors, Inc. in the amount of $502,949.80 for the Sain Street Extension project and to approve a budget adjustment recognizing Federal -aid funds received from the Arkansas Department of Transportation in the amount of $402,359.84. The City's 20% match of $100,589.96 will come from the Street Project 2019 Bond Fund. Budget Impact: 4470.800.8835-5809.00 4602.860.7213-5809.00 Sales Tax Capital Improvements Streets Project 2019 Bonds Account Number Fund 06035.7213 Sain Street Extension 46020.7213 Sain Street Extension (2019 Bond Project) Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 5,142,120.00 $ 4,714,123.67 $ 427,996.33 $ 502,949.80 $ 502,950.00 427,996.53 V20210527 Purchase Order Number: 2020-00000784 Previous Ordinance or Resolution # 304-20 Change Order Number: Original Contract Number: Comments: 2 2020-00000085 Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director/City Engineer FROM: Paul Libertini, Staff Engine�05ty DATE: December 15, 2021 SUBJECT: Sain Street Extension — Change Order #2 - Roundabout RECOMMENDATION: Staff recommends City Council approval of Change Order #2 to the construction contract with Crossland Heavy Contractors, Inc. in the amount of $502,949.80 and the attached Budget Adjustment. BACKGROUND: On March 30,2021, the roundabout proposal was presented to and approved by the City Council Transportation Committee (See attached staff memo & exhibits). As part of the 2019 Bond projects, the City will be improving the Millsap Road and College Avenue intersection as well as designing and constructing a new roadway which will connect Sain Street to Millsap Road. A roundabout will better serve the anticipated traffic flow that will utilize the new Sain Street Extension in lieu of a standard "T-intersection". DISCUSSION: Revised construction plans are complete and have been reviewed by both the City and ARDOT. The next step is to obtain the City Council's approval and the Mayor's signature on the change order documents. Staff has discussed the proposed revision with the Program Management Division of the ARDOT Little Rock Headquarters and they have verbally agreed that federal -aid funds could be used for this change order. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: This project is based on an Agreement of Understanding with the Arkansas Department of Transportation (ARDOT) in which the Department will use federal -aid funds to pay 80% of the contract amount and the City will pay a 20% match. The proposed Budget Amendment will recognize $402,359.84 of federal -aid funds for ARDOT's 80% share of the change order and will utilize $100,589.96 from the Streets Project 2019 Bonds Fund. Attachments: Change Order #2 Staff Memo to Transportation Committee dated 3/24/2021 Exhibits Budget Adjustment Change Order Date of Issuance: December 9.2021 Project: 040688 Sain St. Contract: Effective Date: Date of Approval by Council Owner: City of Fayetteville I Owner's Contract No.: 20-83 Contractor: Crossland Heavy Construction Date of Contract: 02.02.2021 Engineer's Project No.: 152131 No. 2 The Contract Documents are modified as follows upon execution of this Change Order: Description: Adds Items to contract (see attached unit price exhibit) reflective of the addition of a mini -roundabout at the intersection of Backage St. and Sain St. along with associated connection to the south and utility relocations. Attachments (list documents supporting change): Crossland Heavy Request for Pricing- Mini Roundabout document w/ pricing and CPM Schedule (dated 12.03.21) NICE Generated Spreadsheet- Change Order #2 Pricing Summary CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: 7 Working days ® Calendar days Substantial completion (days or date): 12.28.21 $4,380,859.87 Ready for final payment (days or date): 02.26.22 [Increase] [Deemase] from previously approved [!nor -easel [Doer -ease] from previously approved Change Orders Change Orders No. 1 to No. 1: No. 1 to No. 1: Substantial completion (days): 0 days $ 10,290.50 Ready for final payment (days): 0 days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial completion (days or date): 12.28.21 $ 4,391,150.37 Ready for final payment (days or date): 02.26.22 [Increase] [Dee-1-ease] of this Change Order: [Increase] [Peer -ease] of this Change Order: Substantial completion (days or date): 171 days $ 502,949.80 Ready for final payment (days or date): 171 day_ Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial completion (days or date): 06.17.22 $ 4,894,100.17 Ready for final payment (days or date): 08.16.22 RECO By: ,�_-- n weer (Authorized Signature) Date: 12.09.21 ACCECD: Owner (Aut orized 'gnature) Date: Z / ACCEPTED: By: Contractor (Authorized Signature) Date: 12/09/21 EJCDC C-941 Change Order Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. PaEe 1 of 1 Section 00680-1 CHANGE ORDER #2 PRICING SUMMARY SAIN STREET -VANTAGE DRIVE EXTENSION, ROUNDABOUT City of Fayetteville, Arkansas PROJECT # 040688 DECEMBER 2021 McCLELLAND NSULTING10"CE, nmammm ENGINEERS, INC. NEW ITEMS TO BE .. . .. Bid Item # Revised Quantity Unit DESCRIPTION UNIT PRICE Price Extended 38A 150 LF Modified Type A Curb and Gutter $ 71.06 $ 10,659.00 38B 175 LF Type B1 Mountable Curb (Splitter Islands) $ 25.56 $ 4,473.00 38C 151 LF 12" Ribbon Curb (Mini -roundabout) $ 69.44 $ 10,485.44 38D 65 LF Type B2 Mountable Curb (Splitter Island) $ 59.84 $ 3,889.60 38E 145 LF Type B3 Mountable Curb (Raised Aprons) $ 47.38 $ 6,870.10 39A 607 SY 10' Concrete Walk $ 94.50 $ 57,372.00 42A 4 EA Bike Lane Transitions, Complete $ 2,538.63 $ 10,154.52 58A 3 EA "YIELD" Pavement Symbol (Thermoplastic) $ 462.90 $ 1,388.70 58B 30 LF Triangular Yield Line (Thermoplastic) $ 30.86 $ 925.80 66A 3 EA Illuminated Collapsible Bollard & Light Base, Complete & Operational $ 5,387.29 $ 16,161.87 66B 201 SY Intergrally Colored Stamped Concrete (Slitter Islands and Aprons) $ 267.49 $ 53,646.61 66C 60 SY 26' Diameter Mountable Center Island, Complete $ 351.38 $ 21,082.80 66D 49 EA Glass 360 Degree Reflective Curb Markers $ 70.94 $ 3,476.06 66E 31 LF 2' wide Concrete Swale with 6" Curb $ 187.84 $ 5,823.04 66F 647 LF Furnish and Install Conduit; 1 1/2" SCH 40, in trench $ 18.58 $ 12,021.26 66G 9 EA Furnish and Install Pullbox $ 806.03 $ 7,254.27 66H 6 EA Type S2 LED Illumination Fixture and Pole; 30' Pole, Foundation, Pole Wiring, Fuses and Ancillary Equipment included; Complete $ 7,967.64 $ 47,805.84 661 647 LF 3#8 AWG THWN Conductors, Installed $ 12.01 $ 7,770.47 66J 1 EA Service Point Assembly (Roadway Lighting; including Utility costs, Primary Service Conduit, Secondary Service Conduit and Conductor, and Switched Load Pedistal, Installed Complete $ 21,842.05 $ 21,842.05 66K 1 LS U of A Parking Lot Lighting (per RFI #8) $ 9,674.50 9674.5 143 2 EA 4' Diameter Sanitary Sewer Manhole, 0-6 Feet Deep $ 5,788.84 $ 11,577.68 144 3 VF 4' Diameter Sanitary Sewer Manhole, Extra Depth over 6 feet Deep $ 350.18 $ 1,050.54 145 166 LF 8" PVC SDR-26 Sewer Main $ 134.07 $ 22,255.62 146 80 CY Class 7 Backfill under Pavement, for S.S. Main $ 78.14 $ 6,251.20 ADDED LINE ITEMS TOTAL $ 353,911.97 QUANTITY CHANGES FORCONTRACT Bid Item # Quantity Change Unit DESCRIPTION UNIT PRICE Price Extended 1 1 LS Act 291, 1993 Trench and Excavation Safety Systems $ 661.57 $ 661.57 2 1 LS Traffic Control and Maintenance $ 7,268.91 $ 7,268.91 3 1 LS Erosion Control $ 7,601.47 $ 7,601.47 4 1 LS Mobilization; Not to Exceed 5% of Total Bid $ 44,321.54 $ 44,321.54 5 1 LS Clearing, Grubbing and Demolition $ 19,236.32 $ 19,236.32 6 690 CY Select Fill (Plan Quantity) $ 11.00 $ 7,590.00 7 2,275 CY Excavation (Plan Quantity) $ 6.00 $ 13,650.00 8 150 CY Embankment (Plan Quantity) $ 9.50 $ 1,425.00 9 0 CY Rock Excavation (Allowance) $ 105.00 $ - 10 280 SY 4" Topsoil Placement $ 4.00 $ 1,120.00 11 940 SY Subgrade Preparation (Plan Quantity) $ 1.20 $ 1,128.00 12 138 CY Undercut and Backfill (Allowance) $ 21.50 $ 2,967.00 13 200 TON Rock Backfill (Sta 24+50 to 31+14, per Geotech Report Recommendation) $ 26.00 $ 5,200.00 14 125 SY Geogrid Fabric, TX160 (Sta. 24+50 to Sta. 31+16) $ 6.00 $ 750.00 15 100 SY Filter Fabric (Between Rock Backfill and Select Fill/Class 7 Base, Sta. 24+50 to Sta. 31+16) $ 2.00 $ 200.00 16 233 LF 18" RCP, Class III $ 65.00 $ 15,145.00 17 -208 LF 24" RCP, Class III $ 73.00 $ (15,184.00) 18 37 LF 30" RCP, Class III $ 86.00 $ 3,182.00 Bid Item # Quantity Change Unit DESCRIPTION UNIT PRICE Price Extended 19 0 LF 4' x 2' RC Box Culvert (Includes Geogrid TX5) $ 368.00 $ - 20 11 LF 4' x 3' RC Box Culvert (Includes Geogrid TX5) $ 340.00 $ 3,740.00 21 2 EA 4' Curb Inlet $ 5,005.00 $ 10,010.00 22 -2 EA 5' Curb Inlet $ 5,708.00 $ (11,416.00) 23 -3 EA Curb Inlet Extensions (4') $ 1,423.00 $ (4,300.00) 24 3 EA Curb Inlet Extensions (8') $ 2,846.00 $ 8,600.00 25 1 EA 4' Junction Box $ 5,150.00 $ 5,150.00 26 1 EA 5' Junction Box $ 5,870.00 $ 5,870.00 27 0 EA Reverse Throat Inlet Top (EX 1) $ 3,340.00 $ - 28 0 EA Junction Box Top $ 2,890.00 $ 29 -20 LF Trench Drains $ 670.00 $ (13,400.00) 30 -1 EA Trench Drain Inlet Box $ 5,335.00 $ (5,335.00) 31 0 EA Wingwalls, Headwalls and Appertenances for 4' by 3' RC Box Culvert $ 10,050.00 $ 32 0 EA Wingwalls, Headwalls and Appertenances for 4' by 2' RC Box Culvert $ 7,760.00 $ - 33 65 TON 2" ACHM Surface Course $ 102.50 $ 6,662.50 34 50 TON 3" ACHM Binder Course $ 90.00 $ 4,500.00 35 940 SY 6" Class 7 Base $ 10.50 $ 9,870.00 36 451 LF Standard Concrete Curb and Gutter $ 14.25 $ 6,426.75 37 -40 LF Modified Curb and Gutter $ 16.75 $ (670.00) 38 0 LF 1' Wide Valley Gutter $ 16.75 $ 39 -335 SY (4" Depth) 5' Concrete Sidewalk $ 48.00 $ (16,080.00) 40 0 SY Concrete Stairs, U of A Campus $ 179.00 $ - 41 40 SY Handicap Ramp Concrete $ 65.00 $ 2,592.78 42 11 EA Truncated Dome Panels $ 170.00 $ 1,870.00 43 48 SY 6" Thick Concrete Driveway Approach and Sidewalk (includes 6" Class 7 Base) $ 67.00 $ (3,216.00) 44 0 SY Concrete Driveway (includes 6" Class 7 Base) $ 67.00 $ - 45 28 TON 3" Asphalt Driveways (includes 6" Class 7 Base) $ 382.00 $ 10,696.00 46 -0.25 ACRE Seeding & Mulching (Beyond ROW in Field/Flood Plain) $ 2,600.00 $ (650.00) 47 690 SY Sodding (ROW & Greenspace) $ 5.00 $ 3,450.00 48 -330 LF 4" Solid Striping, Yellow or White (Thermoplastic) $ 1.39 $ (458.70) 49 9S LF 4" Double Solid, Yellow or White(Thermoplastic) $ 2.23 $ 211.85 50 -105 LF 4" Skip Striping (Thermoplastic) $ 1.39 $ (145.95) 51 75 LF 4" Dotted or Dashed Striping (Thermoplastic) $ 1.39 $ 104.25 52 -371 LF 8" Solid Striping, White or Yellow (Thermoplastic) $ 2.23 $ (827.33) 53 129 LF 8" Dashed Striping (Thermoplastic) $ 2.23 $ 287.67 54 0 SF Non -Slip Reflective Paint, Green $ 22.28 $ - 55 -7 LF 12" Stop Bar (Thermoplastic) $ 5.57 $ (38.99) 56 2 EA Turning & Directional Arrow Pavement Symbols (Thermoplastic) $ 362.00 $ 724.00 57 0 EA Helmeted Bicyclist and Arrow Markings (Thermoplastic) $ 557.00 $ - 58 0 EA "ONLY" Pavement Symbol (Thermoplastic) $ 418.00 $ - 59 360 LF Crosswalks, White (Thermoplastic) $ 5.57 $ 2,005.20 60 0 LF Crosswalks, Green (Non -Slip Reflective Paint) $ 5.57 $ - 61 13 EA Various Street Signs (as indicated on Pavement Marking & Signage and iSignalization Plans) $ 284.00 $ 3,692.00 62 0 EA I Project Signs $ 836.00 $ - 63 1 LS North Drainage Channel $ 2,850.00 $ 2,850.00 64 0 LS Relocate Regions Bank Monument Sign, STA. 42+80 $ 5,600.00 $ - 65 0 EA Light Fixture (Type A)- for Bridge $ 7,250.00 $ 66 0 LF Handrail (Wingwalls, Headwalls and Retaining Walls) $ 79.00 $ 134 0 LF Install 1-Inch Copper Coated Water Service Line $ 31.00 $ 135 0 EA Water Meter $ 1,600.00 $ 136 0 EA Valve Box Adjustments To Proposed Grade $ 419.00 $ 137 0 EA Install Fire Hydrant Assembly $ 7,260.00 $ 138 0 LS Water and Sanitary Sewer Trench Excavation Safety $ 500.00 $ 139 0 LS Water and Sanitary Sewer Erosion Control $ 1,800.00 $ 140 0 EA Adjust Rim Elevation of Existing Sewer Manhole, Less than 18" $ 1,200.00 $ 141 0 1 EA jAdjust Rim Elevation of Existing Sewer Manhole, Greater than 18" $ 1,850.00 $ - EXISTING ITEM QUANTITY CHANGE TOTAL $ 149,037.84 Grand Total- Roundabout- CO#2 $ 502,949.80 CROSSLAND HEAVY CONTRACTORS 040688- Sain Street Extension 705 S. Lincoln St. Lowell, AR 72745 to 1479.347.7960 December 3, 2021 McClelland Consulting Engineers, INC. Eric Anderson — Engineer of Record Subject: 040688 — Sain Street Extension (Fayetteville) (S) RE: Request for Pricing- Mini Roundabout Mr. Anderson, Per your request, we are providing unit pricing and a request for contract time to be added to the current 040668 contract. We based our pricing and time for completion per the construction documents shared by yourself, labeled "ROUNDABOUT REVISION SET — 100%", stamped and dated 09/09/2021 by yourself. Please take the following clarifications into consideration when reviewing our proposal documents enclosed: Lead Time/Procurement Time Consideration: • Illuminated Collapsible Bollards; 6 — 8 weeks from approval • Type S2 LED Illumination Fixture and Pole; 8 — 10 weeks from approval • Quazite Junction Boxes; 8 — 10 weeks from approval • Service Point Assembly — Pedestal; 36 weeks from approval As of now we do not foresee any conflicts with the schedule and other items to be added in this change order. Current Market Pricing: Please take into consideration the rapidly changing escalation of construction material pricing due to a plethora of reasons, mainly being supply chain related. Just within the local market we are seeing significant costs increases for raw materials such as aggregates and concrete, in addition to the trucking of said materials rising as well. Another consideration we ask to be thought of is the status of the labor market in this region, which not only affects us as the General Contractor, but the subcontractors who are at their capacity for work, which in turn leads to premium pricing. This especially is shown in our concrete related scopes in which we are unable to self - perform the proposed work and the competitive pricing we received back from the subcontractor's came back above the engineer's estimate. We did our due diligence in finding competitive pricing for the additional scopes and thoroughly believe the costs presented are consistent with all the factors we are facing in today's market. www.heavycontractors.com LTR-112 CROSSLAND HEAVY CONTRACTORS 040688- Sain Street Extension 705 S. Lincoln St. Lowell, AR 72745 to 1479.347.7960 Contract Days: Considering the long lead time for the Service Point Assembly Pedestal as shown above, we are requesting contract days with the assumption temporary provisions, or an engineered solution will allow us to substantially complete the project without the mentioned pedestals. Clearly the day's presented and said lead time would not equate without an assumption of sorts. Per the attached CPM schedule, we are requesting a revised substantial completion date of 06/17/2022. The above request for the changing of substantial completion from 12/28/2021 to 06/17/2022 results in an addition of (171) calendar days added to the subcontract. We feel this is an equitable amount of time considering the critical path of the project was delayed due to the re- design starting on 05/30/21, as documented with previous schedule updates and my letter sent on 07/12/2021 claiming such delay in writing. If you have any questions, please do not hesitate to contact me at (620) 778-8581 Respectfully, CROSSLAND HEAVY CONTRACTORS Drew Dwyer Project Manager FnclnsurPs- • Proposal of Unit Prices • CPM Schedule www.heavycontractors.com LTR-112 CROSSLAND HEAVY CONTRACTORS 040688- Sain Street Extension 705 S. Lincoln St. Lowell, AR 72745 tel 479.347.7960 Unit Price Exhibit Item # Spec. Revised Est. Unit Reference Quantity DESCRIPTION UNIT PRICE Price Extended 1 1 LS Act 291, 1993Trench and Excavation Safety Systems $ 661.57 $ 661.57 2 604 1 LS Traffic Control and M aintenance $ 7,268.91 $ 7268.91 3 621 1 LS Erosion Control $ 7,60147 $ 760147 4 601 1 LS M obilization; Not to Exceed 5% of Total Bid $ 44,32154 $ 4432154 Subtotal = ::::::::i EARTHWORKS STORM DRAINAGE BASE & PAVING CONSTRUCTION 38A 201 1 150 LS LF Clearing, Grubbing and Demolition M odified Type A Curb and Gutter $ 19,236.32 $ 19,236.32 $ 7t06 $ 1D,659.00 38B 175 LF Type B1 M ountable Curb (Splitter Islands) $ 25.56 $ 4,473.00 38C 151 LF 12"Ribbon Curb (Mini -roundabout) $69A4 $1D,485A4 38D 65 LF Type B2 Mountable Curb (Splitter Island) $ 59.84 $ 3,889.60 38E 145 LF Type B3 Mountable Curb (Raised Aprons) $ 47.38 $ 6,870.10 39A 607 SY ID'Concrete Walk $ 94.50 $ 57,361.50 42A 4 EA Bike Lane Transitions, Complete $2538.63 $10,154.52 58A 3 EA "YIELD" Pavement Symbol (Thermoplastic) $ 462.90 $ 1388.70 58B 30 LF Triangular Yield Line (Thermoplastic) $ 30.86 $ 925.80 63 SP-16 1 LS North Drainage Channel $ 8000.00 $ 8,000.00 66A 3 EA Illuminated Collapsible Bollard& Light Base, Complete & Operational $5387.29 $16,16187 66B 201 SY IntergrallyColored Stamped Concrete (Slitterlslandsand Aprons) $267A9 $53,765A9 66C 60 SY 26' Diameter M ountable Center Island, Complete $ 351.38 $ 21,082.80 66D 49 EA Glass 360 Degree Reflective Curb M arkers $ 70.94 $ 3,476.06 66E 31 LF 2' wide Concrete Swale with 6" Curb $ 187.84 $ 5,823.04 66F 647 LF Furnish and Install Conduit; 1 12" SCH 40, in trench $ 18.58 $ 12,02126 66G 9 EA Furnish and Install Pullbox $ 806.03 $ 7,254.27 66H 6 EA Type S2 LED Illumination Fixture and Pole; 30' Pole, Foundation, Polewiring, Fuses and Ancillary Equipment included; Complete $ 7967.64 $ 47,805.84 661 647 LF 3#8AWGTHWN Conductors, Installed $ 12.01 $ 7,770.47 66J 1 EA Service Point Assembly (Roadway Lighting; including Utilitycosts, Primary Service Conduit, Secondary Service Conduit and Conductor, and Switched Load Pedistal, Installed Complete $21842.05 $21,842.05 66K 1 LS U of A Parking Lot Lighting - RFI08 $ 9674.50 $ 9,674.50 • $ 0.00 140 2 EA 4'Diameter Sanitary Sewer M anho le, 0-6 Feet Deep $5,788.84 $11,577.68 141 3 VF 4' Diameter Sanitary Sewer M anho le, Extra Depth over6feet Deep $350.18 $1,050.54 142 U6 LF 8" PVC SDR-26 Sewer Main $134.07 $22,255.62 143 80 CY Class 7 Backfill under Pavement, for S.S. Main $ 78.14 $ 6,25120 www.heavycontractors.com LTR-112 CITY OF ._ FAYETTEVILLE ARKANSAS TO: City Council Transportation Committee THRU: Chris Brown, Public Works Director/City Engineer FROM: Paul Libertini, Staff Engineer DATE: March 24, 2021�p SUBJECT: Sain Street Extension — Roundabout Change Order RECOMMENDATION: STAFF MEMO Staff is asking for the support of the Transportation Committee in moving forward with a design change to add a roundabout to the construction contract presently underway to build the Sain Street Extension project. BACKGROUND: On December 1, 2020, the City Council approved Resolution 304-20 which authorized a contract with Crossland Heavy Contractors, Inc. in the amount of $4,380,859.87 for the construction of the Sain Street Extension project, and further approves a project contingency in the amount of $438,086.00. The City Council also approved Resolution 305-20 which authorized Supplemental Agreement No. 2 to the contract with Burns & McDonnell Engineering Company, Inc. in an amount not to exceed $294,086.00 for construction management services including survey control, construction observation, materials testing, and engineering management associated with the Sain Street Extension project. Supplemental Agreement No. 2 includes construction phase design modifications as a task to be used as needed during the construction project. As far back as 2016, the City has been looking at different alternatives with the Sain Street Extension to connect to the flyover, improve the Millsap Road intersection by reconfiguration, and provide a side street connection to Millsap Road to help improve the functionality of the existing Millsap intersection with College Avenue. These concepts were presented at a Public Meeting on February 14, 2017. In 2019, the 71B Corridor Plan was approved which also illustrates aside street connection from Sain Street to Millsap Road (see attachments). The construction of the proposed side street is critical in providing a better connection to Millsap in order to improve the level of service at the Millsap and College intersection. The lack of any additional Federal funding available for this project has prevented the City moving forward with a design contract for the side street. DISCUSSION: At this time, Engineering staff would like to move forward with a design change order to the existing construction project to modify the proposed intersection with the University of Arkansas (UA) driveway and convert it to a small roundabout. Lindsey & Associates has presented some concepts for building apartments on either side of Sain Street. In discussions with Lindsey, they have agreed to re -design the layout of the apartment driveways to connect to the proposed roundabout. Engineering suggests that we utilize the existing contract with Burns & McDonnell to design the roundabout and submit it to the Arkansas Department of Transportation (ARDOT) as a Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 change order to the construction project which would be eligible to use the existing Federal funding with a 20% City match. This would prevent the future demolition and reconstruction of a portion of the newly constructed Sain Street to build the proposed roundabout and side street to connect to Millsap Road. Staff is also planning to pursue a contract amendment to the design contract with Burns & McDonnell to create an initial 30% design of the proposed side street to determine the right-of-way (r/w) limits. The City could then acquire the required r/w as funding becomes available without paying for a full design at this time. This item will be presented to the Committee at a later date. BUDGET/STAFF IMPACT: The design and construction of the proposed roundabout can be accomplished under the existing funded contracts and contract contingency. Attachments: Sain Street Long -Term Improvement Concepts Sain Street Near -Term Improvement Concepts Three Alternatives for Side Street Connection 71 B Corridor Concept 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ► k _ - +' R/w / •-C. \� i .d - •`M' : d , '• ► Fin/ a 1 t uE uE _ /w •. d • - • r d . IIII _ - __ uE ♦° — — — —/ 1' m _ _ — — — R/W IIII- -------- — _---- --- - IIII'd' • ? _ a- � IIII I d • d • d d 9, ` - �` � • � r j Q w __ _ w IIII • J — d 4. 1 . d t p IIII _ . - M i - El SAIN ST. i 7. Ar .• I R/•vd R/w d — ------ R--1 1000 _-� s , I — — — — _ _ _ _ _ _ _ _ — — — — — — — UFO 1 F / �' I II '~ 1 1 aA • i .. -I ! v [ (Y 4 / UFO UFO. 1 ♦ r r ' . . Af loe lee 10 14 Mo 0 30' 60' •'� j �, 1� / • SCALE IN FEET ►: + m D 4 too moor ,I r r UNIVERSITY OF ARKANSAS . ;ter+► :} OFFICE OF THE REGISTRAR L r w UPTOWN CAMPUS WEST I m a 4� - r , J;r, '7 UNIVERSITY OF ARKANSAS r 03 1 .. GA GAS , G •I 3 4. V _r + f� ti err I4 ` o E Ca7 - r • • r + E GAS GFcS GAS GAS 2 mop LL ;•" } I N 1• • co .. s Ilk _ � EA U - 1 �+ o ��i • ' I \ a J � \ •TCE Ll _AL I ---------------;----- -- IL \ I — — ——� — ------ • GAS GAS S , K i� I r------- GAS s ---- ►• J' t, r- GAS vt v COLDWELL BANKER \ H BANK OF \\ Q w Z ARKANSAS (D - - I \ I I w -- ; \ �— p J 'A z I t " X S J r - \ �__ _ BURNS + \ ° i I,� � `MMONNELL I -, •4 \ � I •�,'' � `a` ter' f r,:' I I _ — ----- I + + \ I I I , I Q + - II I I 6576 LYNCH'S PRAIRIE COVE, STE B SPRINGDALE, AR 72762 • 3�1 I —------_--------- 301 ` I I I I �, \\`�� "Cl- * �, • + + R + R/W date detailed AA Tr'I I w �cE ��\\\\ R/w R/ _ 11 /29/2021 TRN N 301 OH II R w w designed checked �I o --- �I� I R/W R w w w w , AHB SRB L o _% OHE o MIL SAP,RD. 1 it' I "4 ,A1 As GAS- - MILLSAP RD. GAs _ • l R� S E - _ OHE MILLSAP/COLLEGE. I R/W INTERSECTION SS = �y I — — — o i � , ' G S GAS — IMPROVEMENTS 0 a — 0 iv R/w /w f GAS S 1 -- — TCE • x ►�/ W r TCE ,rl I TCE �y — — — — — — — TCE — ------ - I \ I r TICE l w I . y n A project contract � I ` I I I I ..r t �' ' . ' , . , I ; • ' 136268 P w . 1 RAISING I { x°J + CANE'S I �w I �' - VALVOLINE � � '� x �; �� A&- � l . •. City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number ENGINEERING (621) 2022 (BY) /Org2 Requestor: Paul Libertini BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Resolution to approve Change Order #2 for the Sain Street Extension project in the amount of $502,949.80 for the construction of a roundabout in lieu of a "T-intersection" and to approve a budget adjustment recognizing Federal -aid funds received from the Arkansas Department of Transportation in the amount of $402,359.84 for the construction phase of this project. The City's 20% match of $100,589.96 will come from the Street Project 2019 Bond Fund. RESOLUTION/ORDINANCE COUNCIL DATE LEGISTAR FILE ID# 1/4/2022 2021-1033 }f oil y 31ac1� 1211612021 3:04 PM Budget Director TYPE: JOURNAL #: GLDATE: CHKD/POSTED: Date D - (City Council) 1/4/2022 TOTAL Account Number 402,360 402,360 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20211122 Account Name 4470.800.8835-5809.00 402,360 - 06035 7213 EX Improvements - Street 4470.800.8835-4309.00 4602.860.7213-5809.00 - 402,360 100,590 - 06035 46020 7213 7213 RE EX Federal Grants - Capital Improvements - Street 4602.860.7999-5899.00 (100,590) - 46020 7999 EX Unallocated - Budget H:\BudgetAdjustments\2022—Budget\CITY COUNCIL\01-04-22\2021-1033 BA Sain St Ext CO2.x1sm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1030 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.7 BLACK HILLS ENERGY ARKANSAS, INC. MIDTOWN CORRIDOR PROJECT UTILITY WORK - 2019 STREET IMPROVEMENT BOND PROJECT: A RESOLUTION TO APPROVE A UTILITY WORK AGREEMENT WITH BLACK HILLS ENERGY ARKANSAS, INC. IN THE AMOUNT OF $93,765.40 FOR UTILITY RELOCATIONS ASSOCIATED WITH THE MIDTOWN CORRIDOR PROJECT ALONG PORTER ROAD AND DEANE STREET, AND TO APPROVE A BUDGET ADJUSTMENT- 2019 STREET IMPROVEMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a utility work agreement, a copy of which is attached to this Resolution, with Black Hills Energy Arkansas Inc. in the amount of $93,765.40 for utility relocations associated with the Midtown Corridor Project along Porter Road and Deane Street at the Police Headquarters and authorizes Mayor Jordan to sign the agreement. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-1030 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/16/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an agreement with Black Hills Energy Arkansas, Inc. in the amount of $93,765.40 for utility relocations associated with the Midtown Corridor Project along Porter Road and Deane Street at the Police Headquarters site and approval of a budget adjustment. 4602.860.7218-5809.00 Account Number 46020.7218.1000 Budget Impact: 4602 - Street Projects 2019 Bonds Fund Streets Projects - Midtown Corridor Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title $ 632,172.00 $ 592,128.46 40,043.54 $ 93,765.40 $ 93,766.00 40,044.14 V20210527 Previous Ordinance or Resolution # Approval Date: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: December 14, 2021 CITY COUNCIL MEMO SUBJECT: Black Hills Energy Agreement for Utility Relocations for the Midtown Corridor project at Porter and Deane RECOMMENDATION: Staff recommends approval of an agreement with Black Hills Energy Arkansas, Inc. in the amount of $93,765.40 for utility relocations associated with the Midtown Corridor Project along Porter Road and Deane Street at the Police Headquarters site. BACKGROUND: The Midtown Corridor is a project in the 2019 Bond Program and includes several different components. Along Porter Road and Deane Street from the interstate to Garland Avenue the project includes street improvements with a new roundabout at the intersection of Porter Road and Deane Street, drainage improvements and separated pedestrian and bicycle facilities. The street, drainage pedestrian, and bicycle improvements will continue along Sycamore Street from Garland Avenue to the Razorback Greenway. From the Greenway to Woodland Jr. High, the project will include multi -use trail construction along the Poplar Street alignment. Finally, a connection to the south from Poplar Street to Gregory Park will be designed as part of this contract. The City Council approved a design contract with Olsson Associates, Inc. in November of 2019. DISCUSSION: The portion of the project along the frontage of the Police Headquarters and new Fire Station (Porter and Deane) will be constructed as the first phase of this project. During the development of the construction plans, Black Hills Energy identified portions of their natural gas system outside of the city right of way that will need to be relocated in order to construct this project. Black Hills Energy has provided a proposal of $93,765.40 for this relocation. BUDGET/STAFF IMPACT: These utility relocations are funded by the 2019 Transportation Bond Program. This portion of the Midtown Corridor Project is currently estimated at $4,300,000. Attachments: Black Hills Agreement Black Hills Cost Estimate Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AMAMW Black Hills Energy UTILITY WORK AGREEMENT (DEVELOPER) Developer: City of Fayetteville Developer's Address: 113 West Mountain St. Fayetteville, AR 72701 Job Location: Intersection of Porter Rd and Deane St, Fayetteville, AR This Utility Work Agreement ("Agreement") is made and entered into this 8th day of December 2021, by and between City of Fayetteville (hereinafter referred to as "Developer"), and Black_ Hills Energy Arkansas, Inc. d/h/al Black Hills Energy (hereinafter referred to as "Black Hills"). WHEREAS Developer proposes to make certain improvements at the location designated above, and as a result of such improvements, Black Hills must adjust, enhance, locate, observe, and/or relocate certain of its existing facilities, or construct additional facilities; and WHEREAS, in connection with Developer's proposed improvements, Developer wishes Black Hills to do the following. - The proiect to begin at GPS 36.086361,-94.190483. Where Black Hills will tie onto the existing 4" steel pipeline. From that tie-in point, Black Hills will extend 4" steel pipe West for approx. 1500'. staying within the designated utility easement. The newly installed 4" steel will tie back into existing 4" steel at GPS 36.088498, -94.192726. The existing 4" steel pipeline will be abandoned in place. -(hereinafter referred to as the "Work"); and WHEREAS, such Work is shown in detail in Black Hills' plans, sketches, estimate of cost, and specifications (when applicable), which are attached to this Agreement and made a part hereof; and WHEREAS, Developer agrees to pay for the cost of such Work to the extent herein agreed upon. Imprr wv ql fe with energy www.blackhillsenergy.com HAK* Hills Energy NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND OTHER VALUABLE CONSIDERATION HEREIN ACKNOWLEDGED, DEVELOPER AND BLACK HILLS AGREE AS FOLLOWS: 1. Where applicable hereunder by reason of new utility occupancy or crossing of Developer's property, Developer hereby grants to Black Hills an easement or license to install and operate utility facilities on or across Developer's property as shown on the approved plans or sketch maps attached hereto and made a part hereof. Prior to Black Hills beginning the Work, Developer will, at no cost to Black Hills, furnish Black Hills with all necessary easements, rights of way and permits. Those easements, rights of way and permits shall release Black Hills from any and all claims for damage done to streets, land, fences, and crops arising out of the performance of the Work. 2. Where applicable hereunder by reason of new construction on existing utility rights of way, Black Hills hereby grants to Developer the right to use for Developer's purposes the lands within the limits of the improvement project limits on or across which Black Hills holds a valid property interest antedating Developer's rights which were subsequently acquired in the same lands, and which property rights Black Hills shall retain so long as Black Hills, its successors or assigns continues such use and occupancy and does not abandon, and thereby release, such property interest to Developer through removal of facilities in performing the Work or by subsequent removal of facilities for Black Hills' convenience; and Developer hereby agrees that Black Hills, by granting said right and by said continued joint use and occupancy, does not waive any future claim for reimbursement for any costs as may be eligible for reimbursement by reason of such prior property interest, nor does Black Hills waive any other legal or property right held under the laws or Constitution of the State of Arkansas or the United States. 3. In the event that future construction, reconstruction, expansion, relocation, rehabilitation, betterment, maintenance, or other work on the facilities owned and operated by either Developer or Black Hills in the area jointly occupied or used under either or both Paragraphs 1 or 2 of this Agreement will disturb, detrimentally affect, interfere, or be inconvenient to the facilities or responsibilities of either party, the parties hereto shall reach agreement in writing as to locations, extent, and methods of such work before the work is undertaken. In a case of emergency, and where immediate action is necessary for the protection of the public and to minimize damage to or loss of investment in the property of Developer or of Black Hills, either party hereto may, at its own responsibility and risk, make any necessary emergency repairs, and shall notify the other party hereto of such action as soon as practicable. 2 Black Hills Energy 4. The estimated cost of the Work is $93,765.40. After it has completed the Work, Black Hills will bill Developer for the actual cost of the Work. Developer shall pay such invoice within 30 days of Developer's receipt of the invoice. . 5. Black Hills will perform the Work, as described on the first page of this Agreement. Black Hills will endeavor to perform the Work within a reasonable time period, subject to applicable laws, rules and regulations of governmental authorities, and subject to any delay occasioned by lack of right of way, availability of materials and supplies, force majeure or events or conditions of whatsoever nature reasonably beyond Black Hills' control, and further conditioned upon the receipt of all required approvals and consents in form and substance acceptable to Black Hills. Black Hills shall not be obligated to commence the Work unless and until, at no cost to Black Hills, all necessary easements and rights of way have been executed, acknowledged and delivered to Black Hills in a form acceptable to Black Hills. 6. Title to and ownership of facilities which are the subject of the Work shall forever be and remain exclusively and unconditionally vested in Black Hills. Developer understands, acknowledges and agrees that Developer shall have no title to, interest in, or ownership of those facilities. 7. It is mutually agreed by the parties hereto that the provisions of this Agreement pertaining to property rights, right of way occupancy permission, access for servicing when applicable, and joint use of rights of way shall continue in full force and effect from the date of this Agreement, and shall be perpetually binding upon each party, and its representatives, successors and assigns. 8. Developer and Black Hills acknowledge that there are no agreements or understandings, either written or oral, between the parties related to the Work, other than as set forth in this Agreement, and that this Agreement (including any attachments hereto) contains the entire agreement between the parties regarding the Work. 9. This Agreement shall be governed in accordance with the laws of the State of Arkansas, the rules and regulations of the Arkansas Public Service Commission, and the Tariff of Black Hills. In the event of a conflict between this Agreement and any such laws, rules, regulations or Tariff, such laws, rules, regulations or Tariff shall control. 10. In the event either party is required to initiate litigation to enforce the terms and conditions of this Agreement, then the initiating party shall have the right to recover itscosts and expenses of such litigation, including reasonable attorney fees, from the other party. 3 Mack NitsE►wrgy 11. Developer acknowledges that it has been afforded an opportunity to have its attorney review and explain the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their duly authorized representatives on the date stated above. BLACK HILLS ENERGY ARKANSAS INC. CITY OF FAYETTEVILLE By: UW By: .. Its: Its: LT Federal Tax I.D. No.: G! City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2021 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of an agreement with Black Hills Energy Arkansas, Inc. in the amount of $93,765.40 for utility relocations associated with the Midtown Corridor Project along Porter Road and Deane Street at the Police Headquarters site and approval of a budget adjustment. RESOLUTION/ORDINANCE COUNCIL DATE: 1 /4/2022 LEGISTAR FILE ID#: 2021-1030 }f o-ll y 31ac1� 12/16/2021 8:53 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 1/4/2022 CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20211122 Account Name 4602.860.7218-5809.00 93,766 - 46020 7218.1000 EX Improvements - Street 4602.860.7999-5899.00 (93,766) 46020 7999 EX Unallocated - Budget H:\Budget Adjustments\2022_Budget\CITY COUNCIL\01-04-22\2021-1030 BA Black Hills Midtownxlsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1031 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.8 File Type: Resolution BLACK HILLS ENERGY ARKANSAS, INC. MIDTOWN CORRIDOR PROJECT EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY A 25 FOOT WIDE GENERAL UTILITY EASEMENT FOR UTILITY RELOCATIONS ASSOCIATED WITH THE MIDTOWN CORRIDOR PROJECT ALONG PORTER ROAD AND DEANE STREET AT THE POLICE HEADQUARTERS AND FIRE STATION SITE 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 Mayor Jordan to convey a 25 foot wide general utility easement for utility relocations associated with the Midtown Corridor Project along Porter Road and Deane Street at the Police Headquarters and Fire Station Site. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-1031 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/16/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends dedication of a 25' wide utility easement for utility relocations associated with the Midtown Corridor Project along Porter Road and Deane Street at the Police Headquarters and Fire Station site. 4602.860.7218-5809.00 Account Number 46020.7218.1000 Budget Impact: 4602 - Street Projects 2019 Bonds Fund Streets Projects - Midtown Corridor Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title $ 632,172.00 $ 592,128.46 40,043.54 Previous Ordinance or Resolution # Approval Date: 40,043.54 V20210527 —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: December 15, 2021 CITY COUNCIL MEMO SUBJECT: Dedication of a Utility Easement for Utility Relocations for the Midtown Corridor project at Porter and Deane RECOMMENDATION: Staff recommends dedication of a 25' wide utility easement for utility relocations associated with the Midtown Corridor Project along Porter Road and Deane Street at the Police Headquarters and Fire Station site. BACKGROUND: The Midtown Corridor is a project in the 2019 Bond Program and includes several different components. Along Porter Road and Deane Street from the interstate to Garland Avenue the project includes street improvements with a new roundabout at the intersection of Porter Road and Deane Street, drainage improvements and separated pedestrian and bicycle facilities. The street, drainage pedestrian, and bicycle improvements will continue along Sycamore Street from Garland Avenue to the Razorback Greenway. From the Greenway to Woodland Jr. High, the project will include multi -use trail construction along the Poplar Street alignment. Finally, a connection to the south from Poplar Street to Gregory Park will be designed as part of this contract. The City Council approved a design contract with Olsson Associates, Inc. in November of 2019. DISCUSSION: The portion of the project along the frontage of the Police Headquarters and new Fire Station (Porter and Deane) will be constructed as the first phase of this project. During the development of the construction plans, Black Hills Energy identified portions of their natural gas system outside of the city right of way that will need to be relocated in order to construct this project. The City needs to provide a 25' wide utility easement to accommodate this relocation across the PD and Fire Station site. BUDGET/STAFF IMPACT: The dedication of this easement has not impact to the project budget. Attachments: Utility Easement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Project: Porter/Deane Improvements Parcel No.: 765-13553-001 Tract No.: 10 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the Black Hills Energy Arkansas, Inc., an Arkansas corporation, hereinafter called GRANTEE, with its address at 655 E. Millsap Rd., Suite 104, Fayetteville, AR 72703, as well as other public utilities authorized to operate within the below -described property, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for the purpose of construction, maintenance, repair and/or replacement, enlargement and operations of general utilities including water and/or sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or lines, traffic signal poles and equipment, and appurtenances thereto, but said easement shall not be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Warranty Deed: 2020-1794) Part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Five (5), Township Sixteen North (T16N), Range Thirty West (R30W), 5th Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of said Forty -acre tract, thence North 02°53'34" East 482.76 feet to a point, thence South 87°06'26" East 25.52 feet to a set iron rebar with cap C.O.F. #1514 and being the point of beginning; thence North 02°55'49" East 492.01 feet to a set iron rebar with cap C.O.F. #1514; thence North 02'03'18" East 119.01 feet to a set iron rebar with cap C.O.F. #1514; thence South 88'27'16" East 693.03 feet to a set iron rebar with cap C.O.F. #1514, thence South 02°42'30" West 728.21 feet a set iron rebar with cap C.O.F. #1514; thence North 89°45'23" West 528.27 feet to a set iron rebar with Cap C.O.F. #1514 and the beginning of a curve to the right, said curve having a radius of 225.15 feet and a central angle of 29°26'14"; thence along the curve an arc distance of 115.68 feet to a point, said point having a chord bearing and distance from the beginning of the curve of North 73°08'41" West 114.41 feet, said point also being the beginning of a compound curve to the right, said compound curve having a radius of 104.84 feet and a central angle of 64°40'28", thence along the compound curve an arc distance of 118.34 feet to the point of beginning bearing a chord bearing and distance from the point of compound North 26°29'40" West 112.61 feet, containing 11.600 acres, more or less, and all the adjoining portions of existing roadway in and along Porter Road and Deane Street to become right-of-way to the City of Fayetteville. EXCEPT All of the New Right -of -Way described in the plat entitled, "New Right of Way and General Utility Easement Plat", as prepared by Olsson, Inc.; duly recorded in the Washington County Circuit Clerk's Office in Book 24, at Page 345, and being more particularly described as follows: A NEW RIGHT OF WAY ACROSS THE WESTERLY AND SOUTHERLY SIDES OF PARCEL NO. 765-13553-001, LOCATED IN THE SOUTHWEST QUARTER(SW1/4) OF THE SOUTHWEST QUARTER(SW1/4) OF SECTION 5, TOWNSHIP 16 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: COMMENCE AT THE FOUND 5/8" REBAR AT THE SOUTHWEST CORNER OF SAID 40 ACRE TRACT AND RUN THENCE NORTH 02°53'34" EASTALONG THE WEST LINE OF SAID 40 ACRE TRACT A DISTANCE OF 482.76 FEET; THENCE LEAVING SAID WEST LINE SOUTH 87006'26" EAST A DISTANCE OF 25.52 FEET TO A FOUND 5/8" REBAR ON THE EXISTING EASTERLY RIGHT OF WAY LINE OF PORTER ROAD, SAID EASTERLY RIGHT OF WAY LINE BEING THE WEST LINE OF SAID PARCEL NO.765-13553-001, FOR THE "TRUE POINT OF BEGINNING" OF THIS DESCRIPTION; THENCE NORTH 02°55'49" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 492.01 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 02°03'18" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 119.01 FEET TO A FOUND 5/8" REBAR AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE SOUTH 88°27'16" EAST, ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 28.65 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 03°43'18" WEST A DISTANCE OF 130.00 FEET; THENCE SOUTH 02°37'15" WEST A DISTANCE OF 283.40 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 214 FEET, A CHORD BEARING OF SOUTH 15°56'22" EAST, A CHORD DISTANCE OF 160.00 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 163.99 FEET; THENCE LEAVING SAID CURVE SOUTH 38°19'48" EAST A DISTANCE OF 169.42 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 541, A CHORD BEARING OF SOUTH 63°19'18" EAST, A CHORD DISTANCE OF 45.63 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 47.11 FEET; THENCE LEAVING SAID CURVE SOUTH 89°13'05" EASTA DISTANCE OF 209.32 FEET; THENCE SOUTH 77°10'59" EAST A DISTANCE OF 37.74 FEET; THENCE SOUTH 89°20'43" EAST A DISTANCE OF 215.81 FEET TO THE EAST LINE OF SAID PARCEL; THENCE SOUTH GENERAL UTILITY EASEMENT Page 2 02°42'30" WEST ALONG SAID EAST LINE A DISTANCE OF 11.58 FEET TO A FOUND 5/8" REBAR ON THE NORTH RIGHT OF WAY OF DEANE STREET AT THE SOUTHEAST CORNER OF SAID PARCEL; THENCE LEAVING SAID EAST LINE NORTH 89°45'23" WEST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 528.27 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 2251 , A CHORD BEARING OF NORTH 73°08'41" WEST, A CHORD DISTANCE OF 114.41 FEET, THENCE ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE A DISTANCE OF 115.68 FEET TO THE BEGINNING OF ANOTHER CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 105 FEET, A CHORD BEARING OF NORTH 26°29'40" WEST, A CHORD DISTANCE OF 112.16 FEET, THENCE LEAVING THE PREVIOUS CURVE, ALONG SAID RIGHT OF WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 118.34 FEET TO THE POINT OF BEGINNING, CONTAINING 47,925 SQUARE FEET OR 1.10 ACRES, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION: A permanent utility easement being the West 25.00 feet and the South 25.00 feet of Grantor's above described property, being more particularly described as follows: BEGINNING atthe intersection of the East Right -of -Way line of N. Porter Road, as now established by the plat duly recorded in the Washington County Circuit Clerk's Office in Book 24, at Page 345, and the North line of said Grantor's property; thence departing said East Right -of -Way line S88°27'18"E along the North line of said Grantor's property a distance of 25.02 feet; thence departing said North line S03143'18"W a distance of 130.70 feet; thence S02°37'15"W, a distance of 283.93 feet to a beginning of a curve to the left; said curve having a Radius of 188.82 feet, a Chord Bearing of S15°49'00"E, a Chord Distance of 141.88 feet, thence along the arc of said curve a distance of 145.45 feet; thence departing said curve S38° 19'48"E, a distance of 169.32 feet to the beginning of a curve to the left; said curve having a Radius of 29.00 feet, a Chord Bearing of S63°09'23"E, a Chord Distance of 24.35 feet, thence along the arc of said curve a distance of 25.13 feet; thence departing said curve S89°13'14"E, a distance of 211.73 feet; thence S77°10'59"E, a distance of 37.72 feet; thence S89°20'43"E, a distance of 214.05 feet to the East line of said Grantor's property; thence S02°44'03"W along said East line, a distance of 25.02 feet to the Southeast corner of said Grantor's property, said point being in the North Right -of -Way line of W. Deane Street, as now established by the plat duly recorded in the Washington County Circuit Clerk's Office in Book 24, at Page 345; thence departing said East line, along said North Right -of -Way line the following four (4) courses: N89°20'43"W, a distance of 215.81 feet; thence N77ol0'59"W, a distance of 37.74 feet; thence N89°13'14"W, a distance of 209.32 feet to a beginning of a curve to the right; said curve having a Radius of 54.00 feet, a Chord Bearing of N63°19'18"W, a Chord Distance of 45.63 feet, thence along the arc of said curve a distance of 47.11 feet to a point in the said East Right -of -Way line of N. Porter Road; thence departing said curve, along said East Right -of -Way line the following four (4) courses: 1\13819'48"W, a distance of 169.42 feet to a beginning of a curve to the right; said curve having a Radius of 213.82 feet, a Chord Bearing of N15°56'22"W, a Chord Distance of 160.00 feet, thence along the arc of said curve a distance of 163.99 feet; thence departing said curve NO2°37'15"E, a distance of 283.40 feet; thence NO3o43'18"E, a distance of 129.99 feet to the POINT OF BEGINNING. Containing 30,395 square feet or 0.710 acres, more or less, and subject to any rights -of -way, easements, and restrictions of record. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all lines and/or cables, to a sufficient depth so as not to interfere with cultivation of soil. The Grantor agrees not to erect any buildings or structures in said permanent easement except those for the baseball complex. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12021. CITY OF FAYETTEVILLE, ARKANSAS, A municipal corporation GENERAL UTILITY EASEMENT Page 3 By: ATTEST: Kara Paxton, City Clerk Treasurer Lioneld Jordan, Mayor ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON [Seal] BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Kara Paxton, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk Treasurer of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12021 MY COMMISSION EXPIRES: Notary Public i rr+rnir� Found Nail 28.6' N03043'18"E 129.99'00 I I I i I j I — i I o I � IM N I Utility Easement POINT OF BEGINNING Parcel 765-13553-000 ROW Existing Right -of -Way lin S88°27'18"E University of Arkansas Existing Property Line �25.02' Ex. 15.0' Utility Easement Book 24, Page 345 S03°43'18"W 130.70' ' Ex. Gas Easement �- File No. 97070535 I� ICY) 00 East R/W of N. N Porter Road as per Book 24, Page 345 1 4I 25.0' Utility Easement c� M I I-- containing 30,935± sq. ft. or 0.710± ac. o� o_ o I Lu z I to I� I M IM I NI to I zl IC/) MATCHLINE - SEE SHEET 2 OF 2 Easement Tract: Porter #10 Parcel 765-13553-001 City of Fayetteville Book 2020, Page 1974 This sketch is not a boundary survey. It is intended to show the configuration of a proposed utility easement. It should not be used to locate property lines and does not meet the Standards for Property Boundary Surveys. Project no: 019-3988 EASEMENT DRAWING - STREET IMPROVEMENT - PORTER ROAD Drawn by: DRC PARCEL NO. 765-13553-001 Date: 12.009.2021 CITY OF FAYETTEVILLE I %�� 0' 40' 80' 160' SCALE IN FEET Ojer � TEL 479.4413.3404Fayetteville, AR 703 EXHIBIT 1 of 2 i Frrr=nin � I % o� I a6 z I I I R=213.82' L=163.99' CB=N15°56'22"W CH=160.00' 0' 40' 80' 160' SCALE IN FEET MATCHLINE - SEE SHEET 1 OF 2 r� East R/W of N. I7—Porter Road as per Book 24, Page 345 \��R=188.82' L=145.45' CB=S15°49'00"E CH=141.88' R=54.00' L=47.11' CB=N63°19'18"W CH=45.63' __________� Utility Easement ROW Existing Right -of -Way line FI' Existing Property Line Ex. 20.0' Utility Easement Book 24, Page 345 / J Easement Tract: Porter #10 Parcel765-13553-001 / City of Fayetteville / Book 2020, Page 1974 i R=29.00' L=25.13' CB=S63°09'23"E CH=24.35' S89° 13'14"E N89013' 14"W W. Deane Street (Variable Width R/W) North R/W of W. Deane St. as per Book 24, Page 345 I I L, L� I I I I 25.0' Utility Easement containing 30,935± sq. ft. I I or 0.710± ac. 211.73' 209.32' N77010'59"W 37.74' This sketch is not a boundary survey. It is intended to show the configuration of a proposed utility easement. It should not be used to locate property lines and does not meet the Standards for Property Boundary Surveys. Project no: 019-3988 EASEMENT DRAWING - STREET IMPROVEMENT - PORTER ROAD Drawn by: DRC PARCEL NO. 765-13553-001 Date: 12.09.21 CITY OF FAYETTEVILLE S77°10'59"E I S02°44'03"W 37.72' I 25.02' S89°20'43"E �_ 214.05' \ N89°20'43"W ' 215.81' - Ex. Gas Easement j File No. 97070535 Found 60d nail - 312 East OIer� TEL 479.4413.3404Fayetteville, AIR 703 o cn o m cY i L L co Q �4- O 1 L U j 0- D c @ E a)06M 2 LO Q M (DCn C co O >- wr, a)M u)o E� @rnE2 oW �N z a) — N Lu X U w a 0 EXHIBIT 2of2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1028 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.9 2022 OSHER LIFELONG LEARNING INSTITUTE: A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS FOR THE UNOCCUPIED BANQUET AREA IN THE AIRPORT TERMINAL BUILDING TO BE USED BY THE OSHER LIFELONG LEARNING INSTITUTE TO CONDUCT CLASSES IN 2022 IN THE AMOUNT OF $25.00 FOR EACH DAY THE SPACE IS USED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a lease agreement with the Board of Trustees of the University of Arkansas for the unoccupied banquet area in the Airport Terminal building to be used by the Osher Lifelong Learning Institute to conduct its classes from January 1, 2022 through December 31, 2022, in the amount of $25.00 for each day the space is used. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Summer Fallen Submitted By City of Fayetteville Staff Review Form 2021-1028 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/14/2021 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville and the University Osher Lifelong Learning Institute for classes from January 1, 2022 through December 31st, 2022. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4TH, 2022 TO: Mayor Lioneld Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Summer Fallen, Airport Director DATE: December 14, 2021 CITY COUNCIL MEMO SUBJECT: University of Arkansas Osher Lifelong Learning Institute Lease Agreement for 2022 RECOMMENDATION: Staff recommends approval and signature of the Mayor on a lease agreement between the City of Fayetteville and the University of Arkansas Osher Lifelong Learning Institute from January 1st, 2022 through December 31st, 2022. BACKGROUND: The University of Arkansas Osher Lifelong Learning Institute was founded by the Bernard Osher Foundation and provides affordable education opportunities to its members. DISCUSSION: The University of Arkansas Osher Lifelong Learning Institute requests space in the Airport Terminal Building to conduct classes for 2022. The space occupied by Osher consists of 3,924 square feet. If we had a permanent aeronautical tenant, this space would be leased for $7.00 per square foot on a yearly basis, however we have not had any inquiries for this space for the last several years. Osher has expressed interest in a permanent lease, but has to get U of A approval, which thus far has not been forthcoming. Due to their continued interest, we have agreed to lease them the space for a daily fee of twenty-five dollars, with the understanding that they will have to vacate if a permanent tenant is procured. This arrangement has worked well in the past, with FEMA using this space for a claim center due to the flooding in April 2017. Osher has allowed us to use their furnishings, tables, and chairs when other groups have used this space when classes were not being taught. This agreement has been successful for both the Airport and Osher while providing some funds for utilities and displaying our airport and its services to a section of the public that would not normally be exposed to the Fayetteville Municipal Airport. BUDGET/STAFF IMPACT: The University of Arkansas Osher Lifelong Learning Institute will pay rent of $25 per day to use the space based on the Airport's standard meeting room rental rate. ATTACHMENTS: Staff Review Form City Council Memo Lease Agreement Exhibit A Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Lease Agreement between The City of Fayetteville, Arkansas And University of Arkansas, OSHER Lifelong Learning Institute The purpose of this Lease Agreement is to establish an agreement between the City of Fayetteville, Arkansas ("City") and the Board of Trustees of the University of Arkansas, acting for and on behalf of the University of Arkansas, OSHER Lifelong Learning Institute ("OLLI") for the use of space available in the City's Drake Field terminal building to conduct classes for the Fall 2022 semesters. 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by OLLI as obligations to the City, the City Iets, leases and demises unto OLLI, subject to the terms and conditions contained herein, the following described property situated in Washington, County, Arkansas: Drake Field Terminal Building banquet area. 2. Term. This term shall commence on January 1, 2022, and shall end on December 31, 2022. The term of this lease may be terminated early by the City without cause only upon sixty (60) days prior written notice. The term of this lease may be extended only upon the mutual agreement of OLLI and the City. 3. Rent. OLLI agrees to pay to City of Fayetteville as rental for the term of this lease the sum of $25.00 for each day it uses the Leased Premises. OLLI is not required to use the Leased Premises for any minimum number of days each month. The Airport Administration Office will prepare an invoice following the end of each calendar month based on the number of days the Leased Premises are used by OLLI. Each monthly payment is due on or before the last day of the month in which the invoice is received. A late fee shall be imposed, at the highest rate allowable by law, on all payments which are not received by City of Fayetteville within sixty (60) business days from the due date. 4. Use. OLLI agrees to use the lease premises for classes, seminars or other events during regular operating hours of the Airport Terminal, which are 6:00 a.m .a. 10:00 p.m. Monday through Friday and 8:00 a.m - 8:00 p.m Saturday through Sunday. OLLI shall coordinate with the Airport Administration Office if the Leased Premises are required after 4:00 p.m Monday through Thursday or at any time Friday through Sunday. Classes and events shall be scheduled through the Airport Administration Office at least two weeks in advance. OLLI will notify the Airport Administration Office of any cancelled classes as soon as possible. An OLLI staff member or representative will be present at the beginning of a day's classes to set up needed items and at the end of the day to clean up. OLLI is not required to dismantle or move its tables and chairs at the end of the day unless notified by the Airport Administration Office. 5. Preemptive Use or Access by the City. OLLI acknowledges that the Transportation Security Administration may require use of the Leased Premises for certain chartered flights that may interfere with OLLI's use. In the event of such preemption, the Airport Administration Office will make every effort to locate an alternative site at no additional cost to OLLI but makes no guarantees. OLLI shall not be responsible for the payment of rent for any days the Leased Premises are unavailable for a previously scheduled class or event, nor shall the City be liable to OLLI for any costs or expenses involved in rescheduling or relocating a class when the Leased Premises are required for use by the Transportation Security Administration or for maintenance issues. 6. Access to Airport Terminal Amenities. OLLI staff shall have access to the attached unused kitchen area to store tables and chairs for its classes and events and OLLI further agrees that its tables and chairs may be used by the City or other organizations utilizing the Leased Premises at times not scheduled for OLLI's use. OLLI understands that this area is not secured at times when the Terminal Building is open to the public. The City also agrees to allow storage of media and other electronic equipment in the secured closet area in the Airport Terminal storage room as space allows. OLLI agrees that the City shall not be responsible for theft or damage of any OLLI property that is stored at the Airport Terminal. The restrooms near the post office are available for OLLI use. OLLI agrees to provide toilet paper, paper towels and other supplies as needed for the restrooms to cover faculty, staff, student and guest use. 7. Restricted Areas. Access by OLLI faculty, staff, students and guests to the Airport Flight Line (including but not limited to the a ran runway, hangars is strictly 1roh;bited OLLI faculty, staff, students and guests shall not enter any offices, rooms or areas not specifically designated for their use in paragraphs 4 and 6 above. This includes, but is not limited to, the flight planning area, pilot lounge areas, TV lounge and beverage station. OLLI staff and students are not allowed the use the restrooms in the lobby area. OLLI staff and students will not gather or loiter in the Airport Terminal lobby area and shall enter into the Leased Premises as expeditiously as possible. 8. Parking. OLLI faculty, staff, students and guests will park only in the third row of the Drake Field parking lot furthest from the Airport Terminal. This area is identified in the map attached as Exhibit A. 9. Cleaning and Maintenance. The City shall provide regular janitorial and maintenance services for the Leased Premises. 10. Assignment. OLLI shall not assign this lease or sublet the Leased Premises without prior written consent of the City of Fayetteville. Consent for any assignment or subletting shall only be considered at the same rates as established in Paragraph 3 above. Any such assignment or subletting shall in no way relieve OLLI from liability for the obligations imposed by this lease. OLLI may only be released from liability by a specific written release executed by the City. 11. Holdover. OLLI hereby agrees that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, it will remove its property from the Airport Terminal immediately. 12. Termination. The City hereby reserves the right to terminate this lease at any time during the term of this lease if payment of rent in accordance with Paragraph 3 above is not received within five (5) business days from the due date. If the lease is terminated, OLLI will remove its property from the Airport Terminal immediately. 13. Non -Waiver. It is agreed that the failure of City to invoke any of the available remedies under this lease or under law in the event of one or more breaches or defaults by OLLI under the lease shall not be construed as a waiver of such provisions and conditions and shall not prevent the City from invoking such remedies in the event of any future breach or default. 14. Succession. This lease agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 15. Severability. Each paragraph of this lease agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 16. Interpretation. This lease agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 17. Entire Agreement. This lease agreement contains the entire agreement of both parties hereto, and no other oral or written agreement shall be binding on the parties hereto. This lease agreement supersedes all prior agreements, contracts and understandings of any kind between the parties relating to the subject matter hereof. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall.constitute one and the same instrument. CITY OF FAYET'TEVILLE: By: LIONELD JORDAN, Mayor ATTEST: By: KARA PAXTON , City Clerk BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR AND ON BEHALF OF THE UNIVERSITY OF ARKANSAS, OSHER LIFELONG LEARNING INSTITUTE Digitally signed by Whitney Smith Agency }� l7f&UP r�ri fficial, on behalf of the Board of Printed Name: 1J, Trustees of the University ., i..r..:r; `w.L ..�,•r._> of7iPK3Yf5'3'S;'SCtingtor and on behalf of the University TItle: of Arkansas, Fayetteville .....,.,,p.y07 15:30:46 -06'00' Exhibit A OLLI Designated Parking Area City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1034 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.10 ARKANSAS DEPARTMENT OF AERONAUTICS (ADA) GRANT: A RESOLUTION TO AUTHORIZE AN APPLICATION FOR AND ACCEPTANCE OF AN ARKANSAS DEPARTMENT OF AERONAUTICS GRANT IN THE AMOUNT OF $144,685.00 FOR REIMBURSEMENT OF THE CITY'S MATCHING PORTION OF A 90/10 FEDERAL AVIATION ADMINISTRATION GRANT USED FOR ENERGY EFFICIENCY IMPROVEMENTS AT THE AIRPORT TERMINAL, AND TO APPROVE A BUDGET ADJUSTMENT CONTINGENT UPON RECEIPT OF THE GRANT FUNDS 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 Arkansas Department of Aeronautics Grant in the amount of $144,685.00 for the reimbursement of the City of Fayetteville's matching portion of a 90/10 Federal Aviation Administration Grant used for energy efficiency improvements at the Drake Field Airport Terminal, and further authorizes Mayor Jordan to execute any documents necessary to accept the grant funds. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, accepting the grant funds upon receipt. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Summer Fallen Submitted By City of Fayetteville Staff Review Form 2021-1034 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2021 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: Staff requests approval for the Aviation Division to apply for and accept an Arkansas Department of Aeronautics (ADA) grant application in the amount of $144,685.00, and to process a budget adjustment to accept the funds upon grant award from the ADA. This ADA grant will reimburse the City's 10% share of the 90-10 Federal Aviation Administration (FAA) grant used to fund design and construction of the FYV Improve Terminal Building (Energy Efficiency Improvements) project at Fayetteville — Drake Field. Budget Impact: 5550.760.3960-4302.00 Airport Account Number Fund 32002.2020 Terminal Improvement Project Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? Yes Budget Adjustment $ 144,685.00 Remaining Budget 144,685.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # 223-20 Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Terry Gulley, Transportation Services Director FROM: Summer Fallen, Airport Director DATE: December 15, 2021 CITY COUNCIL MEMO SUBJECT: FYV Improve Terminal Building (Energy Efficiency Improvements) — Arkansas Department of Aeronautics Grant Application and Approval of a Budget Adjustment RECOMMENDATION: Staff requests approval for the Aviation Division to apply for and accept an Arkansas Department of Aeronautics (ADA) grant application in the amount of $144,685.00, and to process a budget adjustment to accept the funds upon grant award from the ADA. This ADA grant will reimburse the City's 10% share of the 90-10 Federal Aviation Administration (FAA) grant used to fund design and construction of the FYV Improve Terminal Building (Energy Efficiency Improvements) project at Fayetteville — Drake Field. BACKGROUND: The HVAC in the terminal building at Fayetteville — Drake Field Airport is original to the building, which was constructed in 1978. Since that time, the terminal building has underdone numerous renovations including, but not limited to repurposing of the baggage handling area into a meeting room, removal of the commercial kitchen and restaurant, addition of a pilot lounge, and the enclosure of a large portion of the original open lobby to make additional offices for airport personnel and outside business which moved into the facility. These renovations have led to an inefficient patchwork HVAC system with outdated controls. In 2017, the Airport Division received a Federal Aviation Administration (FAA) grant to perform an energy assessment of the terminal building. The assessment recommended replacement of both the HVAC system and the boilers in the terminal building. In 2018, the Airport Division received an Arkansas Department of Aeronautics (ADA) grant to replace the boiler system. In the same year, the Airport Division also updated the Airport's five-year Capital Improvements Plan (CIP) with the FAA to include a full replacement of the HVAC system in the terminal building, including ductwork and controls. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 On November 22, 2019, Fayetteville — Drake Field was selected by the FAA to receive supplemental appropriation in the amount of $1,125,000 for the proposed HVAC Replacement project. This funding was outside of the typical FAA funding allowances, and Fayetteville — Drake Field was one of only 133 Airports in the US to receive the grant. This project was approved at the September 2020 City Council meeting. Construction is now complete, and the Airport Division can receive reimbursement for the City's 10% share of the FAA eligible project cost. BUDGET/STAFF IMPACT: FYV Improve Terminal Building (Energy Efficiency Improvements) — Final Project Financials Administration and Other Costs: $2,750.00 Design and Bidding Services: $109,800.00 (Garver Task Order 13) Construction Phase Services : $55,000.00 (Garver Task Order 14) Construction (C.R. Crawford) $1,288,217.00 TOTAL: $1,455,767.00 Attachments: Staff Review Form City Council Memo ADA Grant Application Resolution 223-20 FAA: $1,302,173.00 ADA: $144,685.00 City: $8,909.00 TOTAL: $1,455,767.00 CITY OF FAYETTEVILLE ARKANSAS December 15, 2021 Jerry Chism Arkansas Department of Aeronautics 2315 Crisp Drive Hangar 8 Little Rock, AR 72202 Re: Fayetteville — Drake Field Airport (FYV) Improve Terminal Building — Energy Efficiency Improvements Application for Airport Aid Dear Mr. Chism: The City of Fayetteville appreciates the continued partnership of the Arkansas Department of Aeronautics in improving Fayetteville- Drake Field. In continuation of this partnership, we are pleased to submit to you this enclosed application for state airport aid. Within the past year, Fayetteville — Drake Field has utilized an FAA AIP grant to complete energy efficiency improvements to the terminal building. The terminal building was constructed in 1978 and many of the original building systems are aging and outdated. This project completely replaced the terminal HVAC with a new system designed to meet the latest local and state adopted building codes and energy guidelines. Exterior window glazing was also replaced to further improve energy efficiency of the terminal building. These improvements will result in reduced energy consumption and costs and align with the City's commitment to environmental stewardship. We respectfully request consideration of this matching grant for the amount of $144,685.00 (10% match of the FAA grant amount) on the upcoming agenda. We greatly appreciate your consideration of this grant. Please call me or Adam White with Garver if you have any questions or comments. Sincerely, The Honorable Lioneld Jordan Mayor City of Fayetteville Attachments: State Airport Aid Application Final Project Budget Final Form SF-271 Executed Grant Agreement Cc: Adam White. Garver State Airport Aid Application — Page The City/Gou*ty-of Fayetteville , herein called "Sponsor", hereby makes application to the Arkansas Department of Aeronautics for State funds pursuant to Act 733 of 1977, for the purpose of aiding in financing a project for the development of a municipal airport located in the city of Fayetteville Arkansas, Washington county. Date of Request: December 15, 2021 Name of Airport: Fayetteville — Drake Field (FYV) Name and address of City/ sponsoring request: City of Fqyetteville 113 W. Mountain Street Fayetteville, AR 72701 Phone Number: 479-575-8330 Fax Number: 479-585-8257 Name and address of Engineering Firm (if applicable): Garver 2049 E. Joyce Blvd. Suite 400 Person to Contact about project: Summer Fallen Airport Director Fayetteville — Drake Field Phone Number: 479-718-7642 Cell Number: Fax Number: 479-718-7646 Contact Person: Adam White Fayetteville, AR 72703 Phone/Fax Number: 479-527-9100 Describe the work to be accomplished: This project included energy efficiency improvements to the FYV Terminal buildina identified in a 2018 EnerQv Assessment and Enizineerina Renort. Improvements included complete replacement of the full HVAC system including a new chiller, air handlers, duct work and piping, variable speed heatingpump, digital control system and exhaust fans. Exterior window glazing was replaced along with a portion of storefront at the east building Additional miscellaneous interior improvements were completed including new ceiling tiles throughout the terminal atrium and extending partition walls to enclose the administration offices. State and Local Project Costs: Please indicate: O 50-50% Match O 80-20% Match O 90-10% Match O 100% Total Cost of Project_ Local Share/Funds Local Share/In-Kind— State Share Federal AIP Projects: AIP Number: 3-05-0020-048-2020 O 95-5% Match * o 90-10% Match Total Cost of Project: Federal Share: State Share: Local Share: 1.455.767.00 $1,302,173.00 $144,685.00 $8,909.00 7-1-18 State Airport Aid Application — Page 2 Provide the information listed below as it applies to your project: Funding: Source of Funds: FAA (90%) ADA ,10% City(Remainder) Source of In -Kind Services: N/A Estimated starting date of project: August 2020 Estimated completion date of project: September 2021 Project will be for: New Airport Existing Airport Is land to be leased or purchased? N/A Description of land and cost per acre: N/A Provide the Federal AIP Grant Number (if applicable): 3-05-0020-048-2020 State Legislators for your area: State Senator: Gre Lg eding State Representative: Denise Garner 7-1-18 State Airport Aid Application — Page 3 The sponsor agrees to furnish the Arkansas Department of Aeronautics a copy of the legal instrument affecting use of the property for an airport. In application for a new landing site or expansion of existing facility, the FAA Form 7480-1, Notice of Landing Area Proposal, must be approved by the FAA before review for grant can be made by the State. Applications for hangar construction or renovation funds must include a signed lease agreement. This agreement must be in compliance with all FAA grant assurances. The application must be based on bids and include a calculated return oninvestment. No land, hangars, or buildings purchased with State Grant funds may be sold or disposed of without State Aeronautics Commission prior approval. All requests for sale or disposal of property will be considered on an individual case basis. No hangar (funded by a grant from the Department of Aeronautics) shall be used for non -aviation purposes without State Aeronautics Commission prior approval. All requests for non -aviation use will be considered on a case -by -case basis. Failure to receive prior approval from A.D.A. concerning land and/or building use could result in the commission requesting grant refund from the Sponsor. Additionally, all hgr/building grant applications must include proof of insurance coverage. No airport accepting State Grant funding may issue an Exclusive Rights lease. All applications for navigational aids (such as NDB or ILS) must have FAA site approval before a state grant can be approved. All Grant applications involving Federal Airport Improvement Program (AIP) funding must be accompanied by the approved FAA grant agreement with grant number assigned. If this project is approved by the Arkansas Department of Aeronautics, and is accepted by the sponsor, it is agreed that all developments and construction shall meet standard FAA construction practices as outlined in the specifications of this agreement. Runways, Taxiways, Parking Ramps, etc. shall have a base and a thickness that will accommodate the weight of aircraft expected to operate at this airport. All grant applicants (City and/or Countv) are totally responsible for compliance with all Federal. State. County. and City laws. Statutes. Ordinances. Rules. Regulations. and Executive Orders concerning contracts and purchases for which this grant is approved and issued. It is understood and agreed that the sponsor shall start this project immediately upon award of grant. It is also agreed that this project shall be completed within one year from the date of acceptance of this grant by the Arkansas Department of Aeronautics. Applications for extension will be entertained if circumstances beyond the sponsor's control occur. Amendment requests are to be made only under extraordinary circumstances. Funds will be disbursed according to Department procedures and final inspection of completed project (See payment instruction page). Payment of grant funds are contingent upon the Department's annual appropriation. IN WITNESS WHEREOF, the sponsor has caused this Application for State Airport Aid to be duly executed in its name, this day of , 2022 . The Honorable Lioneld Jordan Name of Sponsor Authorized Signature Manor Title 7-1-18 FAYETTEVILLE - DRAKE FIELD AIRPORT IMPROVE TERMINAL BUILDING - ENERGY EFFICIENCY IMPROVEMENTS FINAL PROJECT BUDGET ITEM SPEC. ESTIMATED UNIT EXTENDED NO. NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 ALL DIVISIONS Improve Terminal Building LS 1 I $1,153,182.00 $1,153,182.00 2 010700 / 010720 Bonds LS 1 $9,603.00 $9,603.00 3 SP-C-01 Insurance LS 1 $8,908.00 $8,908.00 4 230800 HVAC Commissioning LS I 1 $25,270.00 $25,270.00 5 N/A Ceiling Grid Repairs SF 9,000 $3.89 $35,010.00 I 6 N/A Wall Patching, Repairs, and Painting SF 335 I $116.00 $38,860.00 7 CO1.01 South Mechanical Domestic Water Confilict LS 1 $1,230.00 $1,230.00 8 CO1.02 Damper Cover at Rock Wall Penetrations LS 1 I $710.00 $710.00 9 CO1.03 Ceiling Adjustments for Meeting Room Steel LS 1 i $5,485.00 $5,485.00 Clearance 10 CO1.04 Additional Duct Installation - Administration LS 1 $2,800.00 $2,800.00 Area 11 CO1.05 Fire Dampers at Discovered Fire Wall LS �I I F12 CO1.06 Heat Trace at Chiller LS 1 I 13 CO1.07 Mini Split Power and Lighting Rework LS - 14 CO2.01 (Boiler Rebate Credit LS TOTAL CONSTRUCTION COST (BASE BID; NO DEUDCTIVE ALTERNATES TAKEN) $1,584.00 $4,466.00 $2,865.00 ($1,756.00) $1,584.00 $4,466.00 $2,865.00 ($1,756.00) $1,288,217.00 ADMINISTRATION EXPENSES $2,750.00 GARVER TASK ORDER (DESIGN) $109,800.00 GARVER TASK ORDER (CONSTRUCTION) $55,000.00 TOTAL PROJECT COST $1,455,767,00 NON-AIP ELIGIBLE ITEMS UNIT EST. QTY UNIT PRICE AMOUNT 3 SP-C-01 Insurance LS 1 $8,908.00 $8,908.00 TOTAL PROJECT COST (AIP ELIGIBLE) $1,446,859.00 PROJECT FUNDING FEDERAL AVIATION ADMINITRATION (90%) $1,302,173.00 ARKANSAS DEPARTMENT OF AERONAUTICS (10%) $144,685.00 CITY OF FAYETTEVILLE REMAINDER $8,909.00 TOTAL FUNDING $1,455,767.00 GARVER OUTLAY REPORT AND REQUEST FOR REIMBURSEMENT FOR CONSTRUCTION PROGRAMS Approved Modified SF-271 1. Type of Request Final 2. Basis of Request Cash 3. Federal Agency and Organizational Element to 4. Federal Grant or Other Identifying Number Assigned by Federal Agency Which Report is Submitted (To report multiple grants, use FFR Attachment) 3-05-0020-048-2020 FAA/ACE-610 5. PARTIAL PAYMENT REQUEST 6. EIN 7. FINANCIALAIN 8. PERIOD OF THIS REQUEST 2020 Final 71-6018462 From: F 1/30/2020 To:11/12/2021 9. Recipient Organization (Name and complete address including Zip code) Name: City of Fayetteville Streetl: 4500 S School Avenue, Suite F City/State Fayetteville, AR Street2: County: Washington Zip Code 72701-8016 Province: N/A Country: US:United States 10. PAYEE (Where check is to be sent if different than item 9) Name: Streetl: City/State Street2: County: Zip Code Province: N/A Country: US:United States 11. STATUS OF FUNDS (Calculated Based On Time Period In Box 8) Classification PROGRAMS [a] FUNCTIONS [b] ACTIVITIES [c] TOTAL (Cumulative Costs) Previous Payments Current Payments Later Payments ADMINISTRATIVE EXPENSE $ 2,750.00 $ - $ - $ 2,750.00 PRELIMINARY EXPENSE $ - $ - $ - $ - LAND, STRUCTURES, RIGHT-OF-WAY $ - $ - $ - $ - ARCHITECTURAL ENGINEERING BASIC FE $ 109,800.00 $ - $ - $ 109,800.00 OTHER ARCHITECTURAL ENGINEERING F $ - $ - $ - $ - PROJECT INSPECTION FEES $ 55,000.00 $ - $ 55,000.00 LAND DEVELOPMENT $ - $ - $ - $ - RELOCATION EXPENSES $ - $ - $ - $ RELOCATION PAYMENTS TO IND. & BUS. $ - $ - $ - $ DEMOLITION AND REMOVAL $ - $ - $ - $ - CONSTRUCTION AND PROJECT IMPROVER1 $ 1,288,217.00 $ - $ 1,288,217.00 EQUIPMENT $ - $ - $ - $ - MISCELLANEOUS $ - $ - $ - $ - n. Total to date (sum a thru m) $ 1,455,767.00 $ - $ - $ 1,455,767.00 o. Deductions for program income $ 8,908.00 $ - $ 8,908.00 p. Net to date (line n minus line o) $ 1,446,859.00 $ - $ - $ 1,446,859.00 q. Federal share to date $ 1,302,173.10 $ - $ - $ 1,302,173.10 r. Rehab. grants (100% reimb.) $ - $ - $ - $ - s. Total Federal share (sum q and r) $ 1,302,17 ..10 $ - $ 1,302,173.00 t. Federal payments prev.requested $ 1,302,17u. An Amount requested for reimb.$ v. project's physical completion% 100.00% 0.00% 12. Certification: By signing this report, I certify that it is true, complete, and accurate to the best of my knowledge. I am aware that any false, fictitious, or fraudulent information may subject me to criminal, civil or administrative penalties. (U.S. Code, Title 18, section 1001) a. RECIPIENT Name:'The Honorable Lioneld Jordan Title: Mayor Phone 479-575-8830 I Email Address: Signature: Date Signed: b. REPRESENTATIVE CERTIFYING TOLINE 11V Name Adam White, P.E. Title: Project Manager Phone 479-527-9100 Email Address: ATWhite@GarverUSA.com Signature: Date Signed: 12/15/2021 Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0004), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. U.S. Department of Transportation Arkansas/Oklahoma FAA ASW-630 Airports District Office 10101 Hillwood Parkway Federal Aviation Fort Worth, TX 76177 Administration August 19, 2020 Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mayor Jordan: Please find the following electronic Airport Improvement Program (AIP) Grant Offer, No. 3-05-0020- 048-2020 at Drake Field in Fayetteville, Arkansas. This letter outlines expectations for success. Please read and follow the instructions carefully. To properly enter into this agreement, you must do the following: a. The governing body must provide authority to execute the grant to the individual electronically signing the grant; i.e. the sponsor's authorized representative. b. The sponsor's authorized representative must execute the grant, followed by the attorney's certification, no later than September 11, 2020 in order for the grant to be valid. c. You may not make any modification to the text, terms or conditions of the grant offer. d. The grant offer must be digitally signed by the sponsor's legal signatory authority and then the grant offer will be routed via email to the sponsor's attorney. Once the attorney has digitally attested to the grant, an email with the executed grant will be sent to all parties. Subject to the requirements in 2 CFR §200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you drawdown and expend these funds within four years. We will be monitoring your progress to ensure proper stewardship of these Federal funds. You are expected to submit payment requests for reimbursement of allowable incurred Droiect exDenseS consistent with Droiect Droeress. Should you fail to make draws on a regular basis, your grant may be placed in "inactive" status which will impact future grant offers. Until the grant is completed and closed, you are responsible for the following: Delphi eInvoicing — Attach (upload) an invoice summary with each electronic grant payment request. Guidance and examples can be found in the AIP Grant Payment and Sponsor Financial Reporting Policy at: http://www.faa.gov/airports/aip/grant_payments/media/AIP-Grant-Payment-Sponsor- Financial-Reporting-Policy.pdf • Submitting FAA Form 5370-1, Construction Progress and Inspection Report, due within 10 days of the end of each quarter until construction is complete. • Submitting a signed and dated SF-271, Outlay Report and Request for Reimbursement for Construction Programs, due 90 days after the end of each federal fiscal year in which this grant is open. • A signed and dated SF 425, Federal Financial Report, due 90 days after the end of each federal fiscal year in which this grant is open. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR part 200. Subpart F requires non -Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. Once the project is complete and all costs are determined, we ask that you close the project without delay and submit the final closeout report documentation as required by your Region/Airports District Office. Femi Adeoye, P.E, 817-222-5986, is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Glenn Boles Glenn Boles (Aug 19, 2020 11:35 CDT) Glenn A. Boles, Manager Arkansas/Oklahoma Airports District Office 3-05-0020-048-2020 QW0 U.S. Department of Transportation Federal Aviation Administration GRANTS AGREEMENT Part I - Offer Federal Award Offer Date August 19, 2020 Airport/Planning Area Drake Field Airport (FYV) Grant Number 3-05-0020-048-2020 Unique Entity Identifier 134398903 TO: City of Fayetteville (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated July 31, 2020, for a grant of Federal funds for a project at or associated with the Drake Field Airport, which, by reference, is part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Drake Field Airport (herein called the "Project") consisting of the following: Improve/Rehabilitate Terminal Building (HVAC) which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. § 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. § 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated March 2014, as applied and interpreted consistent with the FAA Reauthorization Act of 2018 (see 2018 FAA Reauthorization grant condition.), (b) and the Sponsor's acceptance of this Offer; and, (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided. 3-05-0020-048-2020 THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $1,305,778. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $ 0 for planning $ 1,305,778 airport development or noise program implementation; and, $ 0 for land acquisition. Period of Performance. The period of performance begins on the date the Sponsor formally accepts this agreement. Unless explicitly stated otherwise in an amendment from the FAA, the end date of the period of performance is 4 years (1,460 calendar days) from the date of formal grant acceptance by the Sponsor. The Sponsor may only charge allowable costs for obligations incurred prior to the end date of the period of performance (2 CFR § 200.309). Unless the FAA authorizes a written extension, the sponsor must submit all project closeout documentation and liquidate (pay off) all obligations incurred under this award no later than 90 calendar days after the end date of the period of performance (2 CFR § 200.343). The period of performance end date does not relieve or reduce Sponsor obligations and assurances that extend beyond the closeout of a grant agreement. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Indirect Costs - Sponsor. Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies, and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report to the FAA any disengagement from performing the project that exceeds three months. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the assurances which are part of this agreement. 3-05-0020-048-2020 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 11, 2020, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 10. United States Not Liable for Damage or Iniury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 11. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently athttp://www.sam.gov). B. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/SAM/pages/public/index.isf. 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority tc increase the maximum obligation does not apply to the "planning" component of condition No. 1. 3-05-0020-048-2020 The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this agreement. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in everycontract. 17. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects if funds are available; C. May be increased by not more than 15 percent for land project if funds are available. 18. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program specific audit in accordance with 2 CFR part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Provide one copy of the completed audit to the FAA if requested. 19. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: A. Verify the non-federal entity is eligible to participate in this Federal program by: Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting individual or firm are not excluded or disqualified from participating. B. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions (e.g. Sub -contracts). C. Immediately disclose to the FAA whenever the Sponsor (1) learns they have entered into a covered transaction with an ineligible entity or (2) suspends or debars a contractor, person, or entity. 20. Ban on Texting While Driving. 4 3-05-0020-048-2020 A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant orsubgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 21. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this award, Sponsor must submit to the Federal Aviation Administration an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this grant award. The airport sponsor may not make any expenditure under this award until project work addressed under this award is removed from an approved PFC application by amendment. 22. Exhibit "A" Property Map. The Exhibit "A" Property Map dated 01/25/2011, is incorporated herein by reference or is submitted with the project application and made part ofthis grant agreement. 23. Employee Protection from Reprisal. A. Prohibition of Reprisals — 1. In accordance with 41 U.S.C. § 4712, an employee of a grantee or subgrantee may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub -paragraph (A)(2), information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal office or employee responsible for oversight of a grant program; v. A court or grand jury; vi. A management office of the grantee or subgrantee; or vii. A Federal or State regulatory enforcement agency. 3-05-0020-048-2020 3. Submission of Complaint — A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 4. Time Limitation for Submittal of a Complaint — A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisaltook place. 5. Required Actions of the Inspector General — Actions, limitations, and exceptions of the Inspector General's office are established under 41 U.S.C. §4712(b). 6. Assumption of Rights to Civil Remedy — Upon receipt of an explanation of a decision not to conduct or continue an investigation by the Office of Inspector General, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §4712(c). 24. 2018 FAA Reauthorization. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on April 3, 2014. On October 5, 2018, the FAA Reauthorization Act of 2018 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the Act is at https://www.congress.gov/bill/115th- congress/house-bil I/302/text. SPECIAL CONDITIONS 25. Small Airport Fund. This grant includes funding from the Small Airport Fund. 0 3-05-0020-048-2020 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Glenn Boles Glenn Boles (Aug 19, 2020 11:35 CDT) (Signature) Glenn A. Boles (Typed Name) Manager, AR/OK Airports District Office (Title of FAA Official) 3-05-0020-048-2020 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct.' Dated September 16,2020 City of Fayetteville (Name of Sponsor) Lioneld Jordan Lioneld Jordan (Sep 16, 2020 08:57 CDT) (Signature of Sponsor's Authorized Official) By: Lioneld Jordan (Typed Name of Sponsor's Authorized Official) Title: Mayor (Title of Sponsor's Authorized Official) ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 3-05-0020-048-2020 CERTIFICATE OF SPONSOR'S ATTORNEY I, Kit Williams , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Arkansas . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property no t owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at September 16,2020 By: Kit Williams Kit Williams (Sep 16, 2020 12:57 CDT) (Signature of Sponsor's Attorney) IAy 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 233-20 File Number: 2020-0729 BID NO.20-61 FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FUNDS: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT ACCEPTING A 90/10 MATCHING GRANT FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $1.305.778.00 FOR THE AIRPORT TERMINAL IMPROVEMENTS PROJECT. TO AWARD BID NO.20-61 AND AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH C.R. CRAWFORD CONSTRUCTION, LLC IN THE AMOUNT OF $1,289,873.00 FOR CONSTRUCTION OF THE TERMINAL IMPROVEMENTS, TO AUTHORIZE THE MAYOR TO EXECUTE TASK ORDER NO. 14 WITH GARVER. LLC IN THE AMOUNT OF $55,000.00 FOR CONSTRUCTION PHASE SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY TH£ CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute a grant agreement accepting a 90110 matching grant from the Federal Aviation Administration in the amount of$1.305,778.00 for the Airport Terminal Improvements Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby awards Sid No. 20-61 and authorizes Mayor Jordan to sign a contract with C.R. Crawford Construction, LLC in the amount ❑f $1.289.973.00 for construction oFthe terminal improvements. Section 3: That the City Council of the City of Fayetteville. Arkansas hereby authorizes Mayor Jordan to execute Task Order No. 14 with Garver, LLC in the amount of $55,000.00 for construction please services associated with the Terminal Improvements Project. Papa 1 Pri►ded on W1fi 4 Resolul on 233-20 File Number 2020-0729 Section j: Chat the City Council of the City of Fayetteville. Arkansas hereby approves a budget ad}ustinent. a copy of which is attached to this Resolution. PASSED and APPROVED on 9/15/2020 Attest: If I J C1iYnX,.9d,�. •G rn Kart 11axton. City Clerk Treasurer = ' Page 2 Printed on 9JI6120 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number AIRPORT SERVICES (760) 2022 (BY) /Org2 Requestor: Dee McCoy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff requests approval for the Aviation Division to apply for and accept an Arkansas Department of Aeronautics (ADA) grant application in the amount of $144,685.00, and to process a budget adjustment to accept the funds upon grant award from the ADA. This ADA grant will reimburse the City's 10% share of the 90-10 Federal Aviation Administration (FAA) grant used to fund design and construction of the FYV Improve Terminal Building (Energy Efficiency Improvements) project at Fayetteville — Drake Field. COUNCIL DATE: 1 /4/2022 LEGISTAR FILE ID#: 2021-1034 Hovy 3lack� 1211712021 3:02 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 1/4/2022 RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - - v.20211122 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5550.760.3940-4999.99 - (144,685) RE Use Fund Balance - Current 5550.760.3960-4302.00 - 144,685 32002 2020 RE State Grants - Capital H:\Budget Adjustments\2022_Budget\CITY COUNCIL\01-04-22\2021-1034 Airport Terminal Impr ADA portion.xlsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1037 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.11 HAWKINS-WEIR ENGINEERS, INC. AMENDMENT NO. 5: A RESOLUTION TO APPROVE AMENDMENT NO. 5 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $110,710.00 FOR CONSTRUCTION OBSERVATION AND PROJECT MANAGEMENT SERVICES ASSOCIATED WITH THE BENSON MOUNTAIN PRESSURE PLANE IMPROVEMENTS PROJECT WHEREAS, on October 3, 2017, the City Council passed Resolution No. 206-17 approving a Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. for the engineering services related to the Goshen and Benson Water Tank Improvements; and WHEREAS, Amendment No. 5 to the contract with Hawkins -Weir Engineers, Inc. will provide the funds necessary for Hawkins -Weir to oversee the contractor's work in the field, provide help with change orders as necessary, conduct quality control testing, and properly survey and certify the completed work. 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 Mayor Jordan to sign Amendment No. 5 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $110,710.00 for construction observation and project management services associated with the Benson Mountain Pressure Plane Improvements Project. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-1037 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/16/2021 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends the approval of Amendment No. 5 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $110,710.00 for construction observation and project management services associated with the Benson Mountain Water Storage Tank Improvements project. Budget Impact: 5400.720.5600-5314.00 Water and Sewer Account Number Fund 10006.1 Benson Mountain Pressure Plane Upgrades Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 681,152.00 $ 521,595.82 $ 159,556.18 $ 110, 710.00 48,846.18 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer CITY COUNCIL MEMO DATE: December 16, 2021 SUBJECT: Hawkins -Weir Engineers, Inc. Amendment No. 5 — Construction Phase Services for the Benson Mountain Water Storage Tank Improvements Project RECOMMENDATION: Staff recommends the approval of Amendment No. 5 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $110,710.00 for construction observation and project management services associated with the Benson Mountain Water Storage Tank Improvements project. BACKGROUND: The Benson Mountain Water Storage Tank Improvements Project consists of the replacement of an aging water storage standpipe and constructing a new 100,000-gallon elevated water storage tank. This construction project is being publicly bid as Bid# 21-80. DISCUSSION: This contract amendment will provide the funds necessary for Hawkins -Weir to oversee the contractor's work in the field, provide help with RFI's or change orders as necessary, conduct quality control testing, and properly survey and certify the completed work. The overall engineering contract will increase to $391,200.00 with this amendment. BUDGET/STAFF IMPACT: Funds are available within the Benson Mountain Pressure Plane Upgrade account (10006). Attachments: Amendment No. 5 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AMENDMENT NO.5 To THE AGREEMENT For PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND HAWKINS-WEIR ENGINEERS, INC. In accordance with the AGREEMENT For PROFESSIONAL ENGINEERING SERVICES for the Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements (HW Project No. 2017076), dated October 3, 2017, between the City of Fayetteville, Arkansas (hereinafter called Owner) and Hawkins - Weir Engineers, Inc. (hereinafter called Engineer), Owner hereby authorizes Engineer to proceed with engineering services as modified by this Amendment No. 5. SECTION 1— SCOPE OF SERVICES 1.1 Amendment No. 5 is for construction management services for the Benson Mountain Elevated Water Storage Tank Improvements (Task 9) associated with Owner's Project No. 21-80. Task 9 services are detailed in the Engineer's attached Scope of Services dated December 1, 2021. SECTION 2 — TIME OF SERVICE 2.1 The scope of services as defined above is based on addressing the Task 9 services within a 360- calendar day construction Contract Time in 2022 for the Owner's Project No. 21-80. Engineer will proceed with providing the services set forth herein immediately upon execution of this Authorization by all parties. Amendment No. 5 Page 1 of 2 December 1, 2021 SECTION 3 — COMPENSATION 3.1 Owner shall compensate Engineer for providing the services set forth herein in accordance with the terms of the Agreement. Total payment for Scope of Services described herein shall not exceed One Hundred Ten Thousand Seven Hundred Ten and 00/100 Dollars ($110,710.00) without written approval of Owner. These additional services adjust the Agreement's not to exceed fee to $357,280.00, and adjusts the not to exceed reimbursable expenses to $33,920.00. Attachments: Scope of Services dated December 1, 2021 Fee Proposal dated December 1, 2021 Standard Hourly Billing Rate Structure, effective August 15, 2021 Certificate of Liability Insurance (2 Pages) AUTHORIZATION BY: CITY OF FAYETTEVILLE, ARKANSAS Honorable Lioneld Jordan, Mayor Date: ACCEPTED BY: HAWKINS-WEIR ENGINEERS, INC. By: � "t V e Brett D. Peters, P.E. President and CEO Date: % 2 / 2 / 20 21 Amendment No. 5 Page 2 of 2 December 1, 2021 Appendix A Amendment No. 5 Scope of Services Win to Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements CITY OF City of Fayetteville, Arkansas FAYETTEVILLE City of Fayetteville Project No. 21-80 ARKANSAS December 1, 2021 Task Description Task 9 — Construction Management — Benson Mountain Elevated Water Storage Tank Improvements 1. Conduct Pre -Construction Conference with the Owner and Contractor a. Prepare Meeting Summary b. Field survey to reestablish control monumentation and stake easement limits 2. Provide periodic observation during construction 3. Conduct up to two (2) progress meetings a. Prepare Meeting Summaries 4. Prepare, review, and coordinate the dissemination of construction documentation including material submittals, testing results, field orders, and change orders as directed by the Owner 5. Review the Contractor's constructed quantities and prepare monthly pay requests for the Owner's approval 6. Conduct as -built surveys of the complete water system improvements 7. Coordinate and conduct a final inspection with the Contractor and the Owner, and prepare a punch list of deficient construction items for the Contractor to address 8. Prepare record drawings of the completed project and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner's archives 2017076\Appendix A Amendment 5 Scope of Services 120121.docx Page 1 of 1 HN Amendment No. 5 - Fee Proposal Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements City of Fayetteville, Arkansas Project No. 2017076 December 1, 2021 Task 9 - Construction Management - Benson Mountain Elevated Water Storage Tank Improvements Task 1. Conduct Pre -Construction Conference with the Owner and Contractor a) Prepare Meeting Summary b) Field survey to reestablish control monumentation and stake easement limits 2. Provide periodic observation during construction 3. Conduct up to two (2) progress meetings a) Prepare Meeting Summaries 4. Prepare, review, and coordinate the dissemination of construction documentation including material submittals, testing results, field orders, and change orders as directed by the Owner 5. Review the Contractor's constructed quantities and prepare monthly pay requests for the Owner's approval 6. Conduct as -built surveys of completed water system improvements 7. Coordinate and conduct a final inspection with the Contractor and the Owner, and prepare a punch list of deficient construction items for the Contractor to address 8. Prepare record drawings of the completed project and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner's archives TOTAL HOURS= SUBTOTALCOST= Engr VII Engr V Engr III Insp I Surveyor Tech III Tech I GPS Survey Total Hours 4 2 2 2 10 2 4 6 2 8 10 8 24 24 800(1) 856 4 8 4 4 20 8 8 16 4 72 16 8 24 124 24 24 48 4 8 2 8 22 4 8 2 4 4 22 8 8 16 32 24 160 48 834 4 16 64 16 1,166 $4,680 $25,600 $6,240 $54,210 $360 $1,200 $3,520 $2,800 $98,610 (1) Based on 360-calendar day Contract Time (330-calendar days until substantial completion, and 30-calendar days until final completion thereafter). Periodic construction observation is based on 8-hours per day (Monday through Friday) during the construction of the below grade improvements (assumed at 60-calendar days) and based on approximately 2-hours per day (Monday through Friday) for the remaining 300-calendar days through the final completion date. Reimbursable Expenses and Subconsultant Fees Item Description I Total 1. JOutside Services Mid -South Tank Consultants - Critical Phase Tank Inspection 1 $12,100 Engineering Services Summary Task 9 - Construction Management - Benson Mountain Elevated Water Storage Tank Improvements $98,610 Reimbursable Expenses and Subconsultant Fees $12,100 Total Engineering Fee - Not To Exceed $110,710 .' CITY OF FAYETTEVILLE ARKANSAS 2017076\Scope of Services and Fee Proposal - Benson Tank Improvements Construction Management 120121.xlsx Engineer Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins -Weir Engineers, Inc. Effective August 15, 2021 through August 13, 2022"' Engineer VII $ 195 Per Hour Engineer VI $ 175 Per Hour Engineer V $ 160 Per Hour Engineer IV $ 145 Per Hour Engineer III $ 130 Per Hour Engineer II $ 115 Per Hour Engineer I $ 90 Per Hour Engineering Technician Designer II $ 110 Per Hour Designer I $ 75 Per Hour Technician IV $ 85 Per Hour Technician III $ 75 Per Hour Technician II $ 65 Per Hour Technician I $ 55 Per Hour Field Technician - Field Inspector Resident Project Representative (RPR) Inspector II Inspector I Field Surveying GPS Survey Surveyor Administrative Business Manager Expert Witness Preparation Testimony, less than 1/2 day Testimony, per Day $ 120 Per Hour $ 75 Per Hour $ 65 Per Hour $ 175 Per Hour $ 90 Per Hour $ 85 Per Hour At Engineer's Hourly Rate $1,000 $ 2,000 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services Express Delivery, Field Supplies, Testing, Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle(2) $0.56 per mile effective 1/1/21 Reproduction: Outside printing service Actual Cost In-house printing Letter Copy - B&W $ 0.10 Per Copy Letter Copy - Color $ 0.75 Per Copy 22 x 34 Size Copy - B&W $ 3.00 Per Copy 22 x 34 Size Copy - Color $10.00 Per Copy 11 x 17 Size Copy - B&W $ 1.50 Per Copy 11 x 17 Size Copy - Color $ 5.00 Per Copy CD Copy $ 5.00 Per Copy Binding $ 1.00 Each (1) Billing Rates are reviewed and adjusted annually in August. Regardless, any adjustment in Billing Rates will not impact previously negotiated Not To Exceed (NTE) fee amounts without a formal Contract Amendment. (2) To be adjusted periodically to current IRS mileage rate. All Billings are due upon receipt unless prior arrangements for payment have been made. Client#: 53866 HAWKWEIR ACORDTM CERTIFICATE OF LIABILITY INSURANCE MIDDrf 10/0DATE (MM/DD/YYYY) 312021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 NAME: Trudy Henry PHONE 770-552-4225 FAX 866-550-4082 A/C, No, Ext : A/C, No E-MAIL ADDRESS: aceccertificates@greyling.com Iln com y • INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Sentinel Insurance Company 11000 INSURED INSURER B : Hartford Ins Co of the Midwest 37478 Hawkins -Weir Engineers, Inc. P.O. Box 648 INSURER C Van Buren, AR 72957 INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 20SBWZM2676 11/01/2021 11/01/2022 EACH OCCURRENCE $1 000000 PREMISES E.occcurence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECTPRO- LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OPAGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY 20UEGNM6289 11/01/2021 11/01/202 COEaMBINEDccidentSINGLELIMIT a $ 1r OOOrOOO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 20SBWZM2676 11/01/2021 11/01/2022 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 DED X RETENTION $10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? FW (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 20WEGPV0830 11/01/2021 11/01/2022 X PER OTH- E.L. EACH ACCIDENT $500OOO E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT s500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project# 2017076, Goshen Water Storage Tank & Pump Station/Benson Standpipe City of Fayetteville, Arkansas is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. ILO] a.aluaL"e11IIRS : Lai na: IAI19LeagWeIIIL•Jc City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1&2111V ACORD 25 (2016/03) 1 of 1 #S2921294/M2881746 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THEN2 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 11/16/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amanda Palmer BXS Insurance PO Box 251510 PHONE FAX AIC No Ext : 501-614-1571 A/C No): 501-614-1447 ADDRESS: amanda.palmer@bxsi.com Little Rock AR 72225- INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Hartford Insurance Company of MidW 37478 INSURED HAWKENG-01 INSURER B : Hawkins -Weir Engineers, Inc. P.O. Box 648 INSURER C : INSURER D Van Buren AR 72957 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 1105546896 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE TCLAIMS-MADE1:1 PREM SESOEa occur RENTEante $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO - POLICY ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability 380HO38729221 7/11/2021 7/11/2022 Each Claim Limit $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project # 2017076, Goshen Water Storage Tank & Pump Station / Benson Standpipe CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville 113 West Mountain Street Fayetteville AR 72701 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1040 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.12 BID #21-80 CALDWELL TANKS, INC.: A RESOLUTION TO AWARD BID #21-80 AND AUTHORIZE A CONTRACT WITH CALDWELL TANKS, INC. IN THE AMOUNT OF $1,155,000.00 FOR THE CONSTRUCTION OF THE BENSON MOUNTAIN ELEVATED WATER STORAGE TANK IMPROVEMENTS PROJECT, ASSOCIATED SITE IMPROVEMENTS AND DEMOLITION OF THE EXISTING TANK, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $231,000.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #21-80 and authorizes Mayor Jordan to sign a contract with Caldwell Tanks, Inc., a copy of which is attached to this Resolution, in the amount of $1,155,000.00 for the construction of the Benson Mountain Elevated Water Storage Tank Improvements Project, and further approves a project contingency in the amount of $231,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-1040 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/21/2021 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid #21-80 and approving a construction contract with Caldwell Tanks, Inc. in the amount of $1,155,000.00 for construction of a new elevated water storage tank, associated site improvements, and demolition of the existing tank. Staff also recommends approval of a project contingency in the amount of $231,000.00, and approval of a budget adjustment. 5400.720.5600-5808.00 Account Number 10006.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: Water and Sewer Fund Benson Mountain Pressure Plan Project Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 681,152.00 $ 632,305.82 48,846.18 $ 1,386,000.00 $ 1,386,000.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer DATE: December 21, 2021 CITY COUNCIL MEMO SUBJECT: Bid #21-80, Caldwell Tanks, Inc. — Construction Contract for Benson Mountain Elevated Water Storage Tank Improvements RECOMMENDATION: Staff recommends awarding Bid #21-80 and approving a construction contract with Caldwell Tanks, Inc. in the amount of $1,155,000.00 for construction of a new elevated water storage tank, associated site improvements, and demolition of the existing tank. Staff also recommends approval of a project contingency in the amount of $231,000.00, and approval of a budget adjustment. BACKGROUND: On December 14th, 2021 the City of Fayetteville accepted sealed competitive bids for the Benson Mountain Elevated Water Storage Tank Improvements project. Caldwell Tanks, Inc. submitted the lowest bid. All bids are shown here: Caldwell Tanks, Inc. $1,155,000.00 Maguire Iron, Inc. $1,445,600.00 Phoenix Fabricators & Erectors, Inc. $1,315,671.00 DISCUSSION: This project will remove the aging and undersized water standpipe (35,000 gal) serving the Benson Mountain Pressure Plane and will construct a new, larger elevated water storage tank (100,000 gal) to better meet system demands in this vicinity. These improvements were recommended in the City's Water Master Plan by Olsson, Inc. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: This project is eligible for utilization of impact fee funds. Funds will be moved from the Water Impact Fee and Sanitary Sewer Rehabilitation accounts to the Water System Rehabilitation account to cover the costs of this project. Attachments: Project Vicinity Map Certified Bid Tab, Bid #21-80 Submittal Agreement Benson Pressure Plane Improvements Vicinity Map I NT CITY OF FAYETTEVILLE ARKANSAS BID TABULATION BID 21-80, CONSTRUCTION - BENSON WATER TANK DEADLINE: TUESDAY, DECEMBER 14, 2021 BEFORE 2 PM, LOCAL TIME CERTIFICATION OF FUNDS Certified Funds $ 1,500,000.00 25%Additional Allowance Allowed Per State Law $ 375,000.00 Maximum Award Amount $ 1,875,000.00 Caldwell Tanks, Inc. Maguire Iron, Inc. Phoenix Fabricators and Erectors, LLC TOTAL BASE BID (ALL BID SCHEDULES) $ 1,155,000.00 $1,445,600.00 $1,315,671.00 Caldwell Tanks, Inc. Maguire Iron, Inc. Phoenix Fabricators and Erectors, LLC Bid Schedule Bid Schedule 1 TotalCost TotalCost TotalCost Number H1-1 Performance and Payment Bond $4,400.00 $30,000.00 $16,500.00 #1-2 Mobilization $55,000.00 $70,000.00 $50,000.00 H1-3 Construction Erosion Control $1,500.00 $6,000.00 $5,000.00 #1-4 Site Preparation and Grading $3,500.00 $18,000.00 $15,000.00 #1-5 Clearing and Grubbing $3,000.00 $17,000.00 $17,000.00 #1-6 OSHA Trench Safety $2,000.00 $3,000.00 $3,000.00 #1-7 Improvements as shown in the Plans and stated in the Specifications $1,019,870.00 $1,224,340.00 $1,131,771.00 ti1-8 Demolish Existing 35,0000-Gallon Benson Mountain Standpipe $30,000.00 $13,700.00 $13,500.00 ti1-9 Construct Gravel Access Drive (8" Thickness) $19,680.00 $39,360.00 $36,900.00 #1-10 Undercut Gravel Access Drive and Backfill with Oversize Rock $8,250.00 $12,000.00 $12,500.00 k1-11 Remove Gravel Access Drive and Restore with Seed, Fertilize, and Mulch $6,300.00 $11,200.00 $14,000.00 k1-12 Install Temporary 20' Gate Assembly and Remove following Construction $1,500.00 $1,000.00 $500 CITY OF FAYETTEVILLE ARKANS ARKANSAS Bid 21-80, Construction - Benson Water Tank - Bid 21-80, Construction - Benson Water Tank Project Overview Project Details Reference ID Bid 21-80, Construction - Benson Water Tank Project Name Bid 21-80, Construction - Benson Water Tank Project Owner Jonathan Smith Project Type ITB Department Purchasing Budget $0.00 - $0.00 The City of Fayetteville is accepting sealed bids from properly licensed firms for the construction of the 100,000-gallon Benson Mountain Multi - Project Description Column Elevated Water Storage Tank with related site improvements and demolition of the existing 35,000-gallon Benson Mountain Standpipe. All questions should be addressed to Jonathan Smith, Sr. Purchasing Agent at jonsmith@fayetteville-ar.gov. Open Date Nov 14, 2021 12:00 AM CST Close Date Dec 14, 2021 2:00 PM CST Highest Scoring Supplier Caldwell Tanks, Inc. Seal status Score 100 pts CITY OF FAYETTEVILLE ARKANS ARKANSAS Requested Information Unsealed on Unsealed by Bid Bond Dec 14, 2021 2:11 PM CST Jonathan Smith Required Signature Forms Dec 14, 2021 2:11 PM CST Jonathan Smith AR Secretary of State Filing # Dec 14, 2021 2:11 PM CST Jonathan Smith Arkansas Contractor's License Dec 14, 2021 2:11 PM CST Jonathan Smith Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or Dec 14, 2021 2:11 PM CST Jonathan Smith while in contract, with any public entity as defined in §25- 1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Bid 21-80 Bid Table (BT-470S) Dec 14, 2021 2:11 PM CST Jonathan Smith Conflict of Interest # Declaration of Conflict of Interest You have been chosen as a Committee member for this Evaluation. Please read the following information on conflict of interest to see if you have any problem or potential problem in serving on this committee. ## Code of Conduct All information related to submissions received from Suppliers or Service Providers must be kept confidential by Committee members. ## Conflict of Interest No member of a Committee shall participate in the evaluation if that Committee member or any member of his or her immediate family: * has direct or indirect financial interest in the award of the contract to any proponent; * is currently employed by, or is a consultant to or under contract to a proponent; * is negotiating or has an arrangement concerning future employment or contracting with any proponent; or, * has an ownership interest in, or is an officer or director of, any proponent. Please sign below acknowledging that you have received and read this information. If you have a conflict or potential conflict, please indicate your CITY OF FAYETTEVILLE ARKANS ARKANSAS conflict on this acknowledgment form with information regarding the conflict. I have read and understood the provisions related to the conflict of interest when serving on the Evaluation Committee. If any such conflict of interest arises during the Committee's review of this project, I will immediately report it to the Purchasing Director. Name Date Signed Has a Conflict of Interest? Jonathan Smith Dec 14, 2021 2:11 PM CST No CITY OF FAYETTEVILLE ARKANS ARKANSAS Questions and Answers C & G Land Service Clearing and undercut LINDA LEWIS, Nov 29, 2021 10:02 AM CST Just to clarify, in one paragraph it states that cleared material can be burned if a permit is obtained ahead of time, in another it states that material will be hauled off. Can material cleared be burned onsite? If undercut is called for, can it be wasted onsite? Jonathan Smith, Nov 29, 2021 10:36 AM CST Your question has been added to the list and will be answered when we issue addendum 1. Modern Fence and Supply Fencing on Bid Table Hunter Van Dusen, Nov 19, 2021 11:57 AM CST The only Fencing mentioned on the Bid Table is the 20' temp gate Though other sheets show fencing and gate at the new Tank site. Will this be added later or be part of award winners bidding with Subs? Jonathan Smith, Nov 19, 2021 1:29 PM CST Your question has been added to the list and will be answered when we issue addendum 1 shortly after our pre -bid meeting next week. CITY OF FAYETTEVILLE ARKANS ARKANSAS Public Notices Bid 21-80, Addendum 1 Jonathan Smith, Nov 29, 2021 2:49 PM CST Addendum 1 has been posted. This addendum was used to answer all questions submitted to the Purchasing Division as well as to provide a complete list of everyone who attended the pre -bid meeting last week. Bid 21-80, FILE 07 -Addendum 2 Jonathan Smith, Dec 06, 2021 9:05 AM CST Addendum #2 has been posted for Bid 21-80. Items in this addendum are technical in nature and were generated based on internal discussions about safety and communications at the tower. CITY OF FAYETTEVILLE ARKANS ARKANSAS Internal Discussions No messages wxcaxsnsVILLE Approvals No approval requests CITY OF .V FAYETTEVILLE ARKANSAS Submissions Supplier I Date Submitted Phoenix Fabricators and Dec 14, 2021 7:14 AM Erectors, LLC i CST Caldwell Tanks, Inc. Maguire Iron, Inc. Dec 14, 2021 12:08 PM CST Dec 14, 2021 1:47 PM CST Name Email Confirmation Code Phoenix Fabricators vicki.gossel@phoenixtank.com MTc5ODYz Eric Monske emonske@caldwelltanks.com MTgwMD10 Shannan Ellefson ellefsons@maguireiron.com MTgwMDk2 CITY OF .V FAYETTEVILLE ARKANSAS Project Criteria Criteria Points I Description Total Lump Sum Bid Price 100 pts I Total Lump Sum Bid Within Certified Funds Pass/Fail I Total base bid must be within 125% of certified funds. Total 100 pts CITY OF .V FAYETTEVILLE ARKANSAS Scoring Summary Active Submissions Total Total Lump Sum Bid Price Within Certified Funds Supplier I 1100 pts 1100 pts Pass/Fail Caldwell Tanks, Inc. 1 100 pts 100 pts ($1,155,000.00) Pass Phoenix Fabricators and Erectors, 87.79 pts 87.79 pts ($1,315,671.00) Pass LLC Maguire Iron, Inc. 1 79.9 pts 79.9 pts ($1,445,600.00) 1 Pass OR aKKAK TEVILLE sas Proposal Scores Phoenix Fabricators and Erectors, LLC - Scoring Summary Evaluation Group 1 - Main Evaluation Total Total Lump Sum Bid Price Reviewer / 100 pts / 100 pts Amanda Beilfuss - - Andrea Foren - Jonathan Smith 87.79 pts $1,315,671.00 Average: $1,315,671.00 i Calculated: 87.79 pts 87.79 pts ($1,315,671.00) Within Certified Funds Pass/Fail Pass Pass i Pass CITY OF .V FAYETTEVILLE ARKANSAS CITY OF .V FAYETTEVILLE ARKANSAS Caldwell Tanks, Inc. - Scoring Summary Evaluation Group 1 - Main Evaluation Total Total Lump Sum Bid Price Reviewer / 100 pts / 100 pts Amanda Beilfuss - - Andrea Foren - Jonathan Smith 100 pts $1,155,000.00 Average: $1,155,000.00 1 Calculated: 100 pts 100 pts ($1,155,000.00) Within Certified Funds Pass/Fail Pass Pass 1 Pass CITY OF .V FAYETTEVILLE ARKANSAS Maguire Iron, Inc. - Scoring Summary Evaluation Group 1 - Main Evaluation Total / 100 pts - - Total Lump Sum Bid Price / 100 pts - Reviewer Amanda Beilfuss Andrea Foren Jonathan Smith 79.9 pts Average: $1,445,600.00 $1,445,600.00 1 Calculated: 79.9 pts 79.9 pts ($1,445,600.00) Within Certified Funds Pass/Fail Pass Pass 1 Pass OR aKKAK TEVILLE sas Proposal Score Comments Phoenix Fabricators and Erectors, LLC - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer Score Reason Jonathan Smith 87.79 pts ($1,315,671.00) Within Certified Funds - Reviewer Scores Reviewer Score Reason Jonathan Smith Pass Meets the requirement(s) Comments Total Base Bid Comments Below Certified amount. CITY OF .V FAYETTEVILLE ARKANSAS Caldwell Tanks, Inc. - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer Score Jonathan Smith 100 pts ($1,155,000.00) Within Certified Funds - Reviewer Scores Reason Comments Total Base Bid Reviewer Score Reason Comments Jonathan Smith I Pass I Meets the requirement(s) I Below the Certified Funds OR aKKAK TEVILLE sas Maguire Iron, Inc. - Scoring Comments Total Lump Sum Bid Price - Reviewer Scores Reviewer I Score Jonathan Smith 179.9 pts ($1,445,600.00) Within Certified Funds - Reviewer Scores Reason Reviewer Score Reason Comments Total Base Bid Comments Jonathan Smith I Pass I Meets the requirement(s) I Below the Certified amount. CITY OF .V FAYETTEVILLE ARKANSAS CITY OF FAYETTEVILLE ARKANS ARKANSAS Signatures Name Signatures Jonathan Smith Digitally signed by Jonathan (Project Owner) Jonathan Smith Smith Date: 2021.12.15 09:48:36-06'00' Amanda Beilfuss Digitally signed by Amanda (Evaluator) Amanda Beilfuss Beilfuss Date: 2021.12.20 15:30:53-06'00' Andrea Foren (Evaluator) Jonathan Smith (Evaluator) Andrea Foren Digitally signed by Andrea Foren Date: 2021.12.20 15:29:30-06'00' Jonathan Smith Digitally signed by Jonathan Smith Date: 2021.12.15 09:48:58-06'00' City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tani: Improvements SECTION 00410 — BID BONI) KNOW ALL ML?N BY fI IESFI l'R1_;S1 NTS: that we Caldwell T;ankti Inc. 4000 Tower Road Louisville, KY 40219 --_._ as Principal, hereinafter called the Principal, and Great American Ir1suranCe Comp mY— 301 Est a4th Street -- ---_._ -__ ------- Cincinnati, 01145202 a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 1 13 West Mountain Street Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the sum 01 Five Percent of' 'I'of al Bid Amount------- ---------- -- _..__ __...-_ - --_ _._.... -- Dollars (S5`%) of Bid A1110ur1t ), for the I�rtyntent of which surrr, _ well and truly to be trade, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WI-ILRLAS, Principal has submitted a Bid for: Benson Mountain Elevated Water Storage Tank Improvements, Bid 21-80, Construction. NOW, TIIC,REFORF", if the Owner shall accept the Bid of Principal and the Principal sllall enter into a Contract with the Owner In accordance with the terms of'such Bid, and give such Bond of Bonds as may be specified in the Bidding or Contract Documents with good and sufficient st.tfety for the faithful perforrnanc-e oi' such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hercol' between the amount specified in said Bid and such larger amount fof which the Owi-ler may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of December 2021 00 110-Bid Bond 00410-1 November M.) I City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00410 - BID BOND (continued) PRINCIPAL Caldwell Tanks. Inc. Byil� (Signature) Eric W. Monsker Sales Manager (Type or print) SURETY Great American Insurance Company By (Signature) Cherie Brewer (Type or print) ATTORNEY -IN -FACT Cherie Brewer - Jo n % ar trad By !/ (Sign�yuurre�i Jt16fn Mark Strader (Type or print) This Bond shall be accompanied with Attorney-in-Fact's authority from Surety \J'C' t A T 4s SEAL) .0- �'. SEAL /'G�SrVILLE; END OF SECTION 00410 (CORPORATE SEAL) j' o 00410-Bid Bond 00410-2 November 2021 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET * CINCINNATI, OHIO 45202 f 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE POWER OF ATTORNEY No. 0 21502 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power PHILIP D. ANDERTON ALL OF ALL BRIAN CRAWFORD LOUISVILLE, $100,000,000 NED BOOKER KENTUCKY CHERIE BREWER JOHN MARK STRADER This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1ST day of FEBRUARY 1 2021 Attest GREAT AMERICAN INSU ANCE COMPANY 0i." Assistant Secretary Divisional Senior rice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK VICARIO (977-377-2405) On this 1ST day of FEBRUARY 2021 , before me personally appeared MARK VICARIO, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSAN A KOHORST notary Pubilc State Ohio wm�"' of My Comm, Expires May 18, 2025 This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of GreatAmerican Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 14th day of December 2021 Assistant Secretary~� C1029AH (03/20) City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM Contract Name: Benson Mountain Elevated Water Storage Tank Improvements Bid Number: 21 - 80, Construction BID TO: Owner: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 BID FROM: Bidder: Caldwell Tanks, Inc. 4000 Tower Road Louisville, KY 40219 ARTICLE I- INTENT 1.01 The undersigned Bidder proposes an agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2- TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. 2.02 The undersigned bidder, having examined the specifications and contract documents, and being fully advised as to the extent and character of the work, propose to furnish all equipment and to perform all labor and work necessary for the completion of the work described by and in accordance with the specifications and contacts for the following prices. 00400-Bid Form 00400-1 November 2021 City of Fayetteville, Arkansas Benson M011ntaln Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) ARTICLE 3- BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date 11/29/2021 12/6/2021 DOCUMENT 00400-BID FORM (continued) B. Bidder has visited the Site, City or Utilities and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, or furnishing of sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. 00400-Bid Form 00400-2 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) F. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to retrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder of - over Owner. L. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 00400-Rid Form 00400-3 November 2021 City olTayetteville. Arkansas Benson Mountain Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) ARTICLE 4- BID PRICE Bidders are required to provide pricing for all line items. The City intends to award this contract to the lowest qualified responsive responsible bidder based on the total base bid as long as the base bid amount falls within the amount of funds certified for the project plus 25%. In the event no bid falls within the amount of funds certified for the project plus 25%, all bids shall be rejected and become confidential. Bidder shall complete the Work in accordance with the Contract Documents for the price(s) indicated on the UNIT PRICE BID SCHEDULE. The UNIT PRICE BID SCHEDULE shall be completed using the Bonfire software as directed in the Invitation to Bid. The City intends to award to the lowest responsive responsible bidder based on the evaluation of the sum of Schedule]. ARTICLE 5- CONTRACT TIMES 5.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment within the number of calendar days indicated in the Agreement. 5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. ARTICLE 6- BID CONTENT 6.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of a cashier's check from a financial institution located in the State of Arkansas or a Bid Bond and in the amount of Five Percent of Total Bid Amount Dollars ($ 5% of Total Bid Amount ) B. A tabulation of Subcontractors and other persons and organizations required to be identified in this Bid. 00400-Bid Form 00400-4 November 2021 City of Fayetteville. Arkansas Benson Mountain Flevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) ARTICLE 7- COMMUNICATIONS 7.01 Communications concerning this Bid shall be addressed to the Bidder as follows: Caldwell Tanks, li 4000 Tower Road Louisville, KY 40219 Email salesRcaldwelltanks.com Phone No. (502)964-3361 Fax No. (502) 966-8732 ARTICLE 8- TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. ARTICLE 9- CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE 9.01 Contractor's Assurances. As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the company) bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each sub -contract awarded in excess of $10,000 and I will furnish a similar statement fiom each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. LABOR STANDARDS I will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance. I will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts in excess of $2.000. 00400-Bid Form 00400-5 November 2021 City of Fayetteville. Arkansas Benson Mountain Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) OSHA REQUIREMENTS I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. PROCUREMENT PROHIBITIONS As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION I certify that to the best of my knowledge and belief that the company that I represent and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that 1 will obtain a similar certification for each subcontract awarded in excess of $25,000. 00400-Bid Form 00400-6 November 2021 City of Fayetteville, Arkansas Benson Mowvnin Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) 9.02 Execution/Signatures for Contractor Assurances above. Bid and Bid Form: SUBMITTED on December 14 , )0 21 Arkansas State Contractor License No. 0028840422 If Bidder is: An Individual Name (type or (Individual's Signature) Doing business Business addre: Phone Email A Partnership Partnership Name : (Signature of general partner -attach evidence of authority to sign) Name (type or Business addrl Phone No: Fax No. Email Address: 00400-Bid farm 00400-7 November 10? 1 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements DOCUMENT 00400-BID FORM (continued) A Corporation or Corporate entity including Limited Liability Company (LLC) Corporation Name : Caldwell Tanks, Inc. (SEAL) State of Incorporation: Kentucky Type (General Business, Professional, Service, Limited Liability): General Business l/ (Signature -attach evidence of authority to sig% Name (type or printed): Eric W. Mousse Title: Sales Manager ' of Corporate Secretary) E. Business address: 4000 Tower Road Louisville, KY 40219 Phone No: (502)964-3361 Fax No. (502)966-8732 Email Address: sales@caldwelltanks.com END OF DOCUMENT 00400 stuunttq `SELL 7,q'''•,,� i C,ORPOPA ' rF :Z= `A 00400-Rid Form 00400-8 November 1021 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that CALDWELL TANKS, INC., Louisville, Kentucky, a Kentucky Corporation, has constituted and appointed, and does constitute and appoint the persons named below as its true and lawful Attorneys -in -Fact, to execute proposals for the sale of materials or the construction of work, to make contracts for same, and execute Surety Bonds to be used in connection therewith: KEVIN J. GALLAGHER WILLIAM A. STETZLER PATRICK A. SMITH SHANNON MCKAMEY ERIC W. MONSKE CONRAD R. SPANGLER, III This appointment is made in accordance with Article V, Section 1 of the By -Laws of the Corporation as amended January 16, 1986, and still in full force and effect. �MI"JAT1'PIS�WHEREOF, CALDWELL TANKS, INC. has caused these presents to be signed b �i j resident, ant'it�,corporate seal to be thereunto affixed and duly attested by its Secretary this 4th dWf Iy�2g1r z ATTEST: SEAL A TANKS, INC. (SEAL) '%�/S V I L 1 E '`��\ BY: - TK. an Harvey STATE OF KENTUCKY ) Presi i SS: COUNTY OF JEFFERSON ) LOU* ,,,day of May, 2021, before me personally appeared K. Ryan Harvey, President of CALDWEI,. a�,4VKS II�Sy avho being duly sworn, said he resides in the state of Kentucky; that he is President at`CALiUWL�Is�RNK-5, INC., the Corporation described in and which executed the foregoing instrument' that h�cr�" the Ckporate seal; that it was so affixeA by order of th Board of Directors of said Corporation, aO that"he;sigied his name thereto as President of sa' Co ati n by like authority. (SEAL) ��'� UB L IL -" � ? BY: Caroly . E. Burke STATE OF KE K`�����' Notary Public, State at Large " " ) SS: MY COMMISSION EXPIRES 9/25/2023 COUNTY OF JEFFERSON ) I, David E. Bartley, Secretary of CALDWELL TANKS, INC. do hereby certify that the above and foregoing i���� Ve and correct copy of the Power of Attorney executed by CALDWELL TANKS, INC., wNctl�i�stl dfull force and effect. fIVITNESB'WH EOF, I have signed this certificate at Louisville, K ntucky, this day of- 7, AT02� (SEAL) SEAL BY: �0 •.' avid E. Bartley, Secret /��'��ISVILC'-_ � Caldwell Tanks Inc. City of Fayetteville, Arkansas CITY OF Purchasing Division —Room 306 " FAY E T T E Y I L L E 113 W. Mountain Fayetteville, AR 72701 /� R K k N 5 A5 Phone: 479.575.8258 .8258 1W TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 21-80, Construction — Benson Water Tank DEADLINE: Tuesday, December 14, 2021 before 2:00 PM, Local Time CCEPTABLE DELIVERY METHODS: (1) City's third -party bidding platform, OR (2) Sealed and delivered directly to the City of Fayetteville as instructed in the advertisement PURCHASING AGENT: Jonathan Smith jonsmith@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 11/14/2021 & 11/21/2021 INVITATION TO BID Bid 21-80, Construction — Benson Water Tank No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, Bonfire, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Caldwell Tanks, Inc. Contact Person: Eric W. Monske Title: Sales Manager E-Mail: sales@caldwelltanks.com Phone: (502) 964-3361 Business Address: 4000 Tower Road City: Louisville Signature: City of Fayetteville, AR Bid 21-80, Construction — Benson Water Tank Page 1 of 14 L TA t.`......!mfilcky Zip: 40219 CORPORgT;�, 1•, �[�ate: December 14, 2021 SEAL .' /S VI LLe s\s. CITY OF IjS FAYETTEVILLE ffARKANSAs Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. Fq 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery appointment with the City Purchasing Division. X Upload 5% bid bond to the City's electronic bidding platform (preferred) OR attach bid bond with physical submittal and setting up an in -person delivery appointment with the City Purchasing Division. ❑R All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. X-1. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the location listed below. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/citvoffavetteviIlear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. All bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72701 Additional Information Required • List of Subcontractors: Submit form on Bonfire or attach if submitting a physical bid • AR Secretary of State Filing: 100058306 or submit on the City's electronic bidding platform • Arkansas Contractor License#: 0028840422 or submit on the City's electronic bidding platform • Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Submit on City's electronic bidding platform (preferred), OR circle applicable answer: YES r NO City of Fayetteville, AR Bid 21-80, Construction— Benson Water Tank Page 2of14 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT Contract Name: Benson Mountain Elevated Water Storage Tank Improvements Bid 21-80, Construction Date: December 14 . 20 21 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Caldwell Tanks, Inc. Name _ Eric W. Monske, Sales Manager Address — _ 4000 Tower Road, Louisville, KY 40219 Principal Office 4000 Tower Road, Louisville, KY 40219 Corporation, LLC, partnership, individual, joint venture, other Corporation Arkansas State General Conti -actor's License Number 0028840422 (Type or legibly print) For a Bidder (Contractor) to be considered as Qualified, the Contractor mast satisfy all insurance, financial, and bonding requirements of the City of Fayetteville. The Contactor must also provide documentation with the bid to document: The Contractor's successful completion of five contracts similar in scope to this City of Fayetteville Bid. The Contractor shall have executed work for municipalities operating water distribution facilities with a minimum of three (3) projects equaling or exceeding five hundred thousand dollars ($500,000) for installation of the product(s) bid. Work for developers and commercial site work will not be considered as permissible work experience. Acceptable documentation of these minimum installations must be submitted to the City of Fayetteville attached to this section. In accordance with Arkansas Procurement Law, a Contractor may use the combined experience of its owners or senior executive staff to satisfy the experience requirement, or the combined amount of experience of the key personnel that will be responsible for satisfying the experience requirement. 00140-Bidder Qualifications 00140-1 November 2021 Ciq' of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank lrnprovements SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) EXPERIENCE STATEMENT MANDATORY 1. Bidder has been engaged as a General Contractor in construction for 134 years and has performed work of the nature and magnitude of this Contract for 134 years. Bidder has been in business under its present name for 52 years. 2, The Contactor must also provide documentation with the bid to document the Contractor's successful experience with the following: a. The Contactor must also provide documentation with the bid to document the Contractor's successful completion of five contracts similar in scope to this City of Fayetteville Bid. 3. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) 4. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 5. Has Bidder ever failed to complete any project? if so, state when, where, and why. No 6. Bidder normally performs the following work with his own forces: The design, fabrication and erection of an elevated water storage tank. 7. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): See attached 8. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: Surety: Great American Insurance Company, 301 East Fourth Street, Cincinnati„ OH 45202 Agent: Sterling Thompson Company, 3006 EastPoint Parkway, Louisville, KY 40223 00140-Bidder Qualifications 00140-2 November 202E City of Fayetteville. At Benson Mountain Elevated Water Storage Tank Improvements SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) 9. Bidder's Workmen's Compensation Experience Modifier Factor is: FINANCIAL STATEMENT (IF REQUESTED) A. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide to the City of Fayetteville the following additional information: Bidder possesses adequate financial resources as indicated by the following: I. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judpment Creditors Where Docketed and Date Amount a. See attached $ b. g 00140-Bidder Qualifications 00140-3 November 2021 City of Fayetteville. Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00140 — BIDDER'S QUALIFICATION STATEMENT (continued) Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: December 14 2021 Name of Organization: Caldwell Tanks, Inc. By Eric W. Monske ((Type or lea' Fy prin (Signature) Title Sales Manager (Type or legibly print) (OFFICIAL SEAL) \\1LL 1Uuuttii ate..• ••'�'�rs,': r) J pORPQ/t gr� , Z i(A. SQL :y �.�: /'�tt/11111111�� If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation or LLC, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed. Contractor shall attach evidence of authority of signature. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and authority to sign. END OF SECTION 00140 00140-Bidder Qualifications 00140-4 November 2021 2 2 CAIDWEU Since 1887 Water - Energy - Industrial BIDDER'S QUALIFICATION STATEMENT Similar Proiects: See attached listing of Double Ellipsoidal style tanks completed by Caldwell Tanks. Projects under Contract: See attached listing of Contracts under Construction for Double Ellipsoidal style tanks. See attached listing of Double Ellipsoidal style tanks completed by Caldwell Tanks. Construction Experience of Key Individuals: K. Ryan Harvey President 23 years Admin/Engineering Kevin J. Gallagher Vice President 26 years Sales/Engineering Tony Burke Director -Engineering 33 years Engineering David Francis Director -Operations 29 years Civil Construction Michael R. Shaffer Director -Steel Construction 24 years Steel Construction Wilson Frazier Director -Environmental Health & Safety 32 years Safety Scott McIntire Director -Quality Assurance 40 years Project Management Quality Assurance Resumes available upon request Judgements, Claims, Arbitration/Lawsuits: Acting as a general contractor, Caldwell Tanks completes approximately two hundred (200) construction projects annually. In the course of completing these contracts, we issue approximately 700 subcontracts and will engage subcontractors for about 25% of the work such as electrical, foundation, fencing, site work, etc. On occasions, disputes and claims arise. On very rare occasions, arbitration or other legal remedies will settle disputes and claims. At the present time, there are approximately a dozen active claims or disputes pending settlement through legal channels or otherwise. For the past five years, the total dollar amount of disputed claims has never exceeded 1/2 of 1 percent of annual dollar volume. 4000 Tower Road Louisville, KY 40219 P: 502-964-3361 F: 502-966-8732 57 East Broad Street Newnan, GA 30263 P: 770-253-3232 F: 770-251-9253 CAIDWEU CCA2 �� DOUBLE ELLIPSOIDAL ELEVATED WATER TANKS DATE CAPACITY LOCATION/OWNER ENGINEER COMPLETED 100M Elevated City of Kermit Parkhill, Smith & Cooper 10/21 165' HWL Kermit, TX Lubbock, TX $433,000.00 (432) 586-3468 Zack Dawson (806) 473-2200 100M Elevated Madison County PWSD No. 1 Taylor Engineering, LLC 06/21 65' HWL Fredericktown, MO Farmington, MO $537,000.00 (573) 783-3460 Timothy D. Robbs (573)756-9226 100M Elevated Long Creek Water Association Engineering Service 8/20 120' HWL Meridian, MS Richland, MS $453,000.00 Meridian, MS Scott Litchfield Sheila Williams, PE (601)693-3096 (601)939-8737 100M Elevated Rattlesnake Ridge Water Dist. Kentucky Engineering Group, PLLC 5/20 81' HWL 3563 State Hwy. 1661 (OFF SR 7) 161 North Locust Street $485,000.00 Grayson, KY 41143 Varsailles, KY 40383 Bill Gilbert James C. Thompson, PE (606)474-7570 (859)251-4127 100M Elevated Edinburg Domestic Water System Calvert-Spradling Engineers 8/19 144'6" HWL Carthage, MS West Point, MS $428,000.00 Leake Co., MS Todd Thorton Stanley Spradling, PE (601)267-0355 (662)494-7101 100M Elevated Buffalo Trail Water Association Cann -Tech, LLC 6/18 111'6" HWL Mays Lick, KY Lawrenceburg, KY $509,000.00 Sardis, KY Dick Clary Matt Baker, PE (606)763-6516 (502)859-0907 100M Elevated Southern Iowa Rural Water Assoc. Garden & Associates, Ltd. 11/17 100'3" HWL Creston, IA Oskaloosa, IA $448,000.00 Adair Co., IA Dan McIntosh Mark J. Fincel, PE (641)782-5744 (641)672-2526 100M Elevated Big V Water Association Cook Coggin Engineers, Inc. 2/17 153' HWL Booneville, MS Tupelo, MS $474,000.00 Jurgen Hellriegel Nick Brawner (662)728-6901 (662)842-7396 100M Elevated Eastern Heights Water Works Professional Engineering 11/16 178' HWL Amite, LA Baton Rouge, LA $786,000.00 Jonathan Watts David Colson, PE (985)748-8488 (225)769-2810 100M Elevated Red River County WSC Hayter Engineering, Inc. 10115 141'6" Clarksville, TX Paris, TX $572,000.00 John Ragsdill Moses Ogolla (903)427-2891 (903)785-0303 CONFIDENTIAL SAL-FRM-05 SIMILAR PROJECTS Approved: 9/6/2018 Page 4 of 7 Rev 0 Contracts under construction CAL- V%T Since 1887 Water - Energy - Industrial Capacity/Tank/HWL Owner Engineer 75000 DE 100' HWL RATTLESNAKE RIDGE WATER DISTRICT E-8757 GRAYSON KY 75000 DE 118' HWL TOWN OF TAYLORTOWN E-9048 PINEHURST NC 75000 DE 130' HWL EMERALD COAST UTILITY SERVICES, INC. E-9006 EGLIN AFB FL 75000 DE 130' HWL CORNA KOKOSING CONSTRUCTION COMPANY E-9007 WESTERVILLE OH 75000 DE 143' HWL CITY OF MINNETONKA BEACH E-8987 MINNETONKA BEACH MN 100000 DE 114'3" HWL PATOKA WATER COMPANY, INC. E-9069 TASWELL IN Completion/Amount KENTUCKY ENGINEERING GROUP, PLLC VERSAILLES KY $460,000.00 (859) 251-4127 LKC ENGINEERING, PLLC ABERDEEN NC $859,000.00 (910)420-1437 AMERICAN STATES UTILITY SERVICES, IN EGLIN AFB FL $925,000.00 (770)528-3881 SANDS DECKER ENGINEERS & SURVEYOR COLUMBUS OH $720,000.00 STANTEC MINNEAPOLIS MN $1,127,000.00 (651)636-4600 MIDWESTERN ENGINEERS, INC. LOOGOOTEE IN $608,020.00 (812) 295-2800 C(Ch1LDDVWEU Since 1887 Water Energy - Industrial Capacity/Tank/HWL Owner Engineer 100000 DE 129' HWL CITY OF DUDLEY E-9084 DUDLEY GA 100000 DE 163'6" HWL SOUTH LOWNDES WATER ASSOCIATION, INC. E-9114 CRAWFORD MS 100000 DE 96' HWL CITY OF LOGAN E-8693 LOGAN OH 125000 DE 139' HWL CITY OF PAVO E-9009 PAVO GA 150000 DE 105'3" HWL VILLAGE OF SANDOVAL E-9083 SANDOVAL IL 150000 DE 124' HWL NORTH LEE COUNTY WATER ASSOCIATION E-9062 SALTILLO MS Monday, December 13, 2021 Completion/Amount T.R. LONG ENGINEERING, PC HINESVILLE GA $662,000.00 (912)352-0005 CALVERT-SPRADLING ENGINEERS, INC. WEST POINT MS $694,000.00 (662)494-7101 STANTEC CONSULTING SERVICES, INC. LOGAN OH $614,000.00 (740)380-2828 WATKINS & ASSOCIATES, LLC TIFTON GA $687,000.00 (229)388-8823 J.T. BLANKINSHIP, INC. MURPHYSBORO IL $1,273,000.00 (618)687-1771 COOK COGGIN ENGINEERS, INC. TUPELO MS $813,000.00 (662)842-7381 C(Ch1LDDVWEU Since 1887 Water Energy - Industrial Capacity/Tank/HWL Owner Engineer Completion/Amount 150000 DE 140' HWL VILLAGE OF LA RUE GPD ASSOCIATES E-8999 LA RUE OH AKRON OH $990,000.00 (330)572-2193 150000 DE 140' HWL MOUNT OLIVE WATER ASSOCIATION WGK, INC. E-8630 BOLTON MS CLINTON MS $716,000.00 (601)925-4444 150000 DE 170' HWL MUD CREEK WATER ASSOCIATION PRECISION ENGINEERING CORPORATION E-9060 PONTOTOC MS OXFORD MS $647,000.00 (662)234-8539 150000 DE 75'6" HWL MONROE COUNTY WATER DISTRICT STIGALL ENGINEERING ASSOCIATES, INC. E-8384 TOMPKINSVILLE KY NASHVILLE TN $474,634.00 (615)460-7515 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that CALDWELL TANKS, INC., Louisville, Kentucky, a Kentucky Corporation, has constituted and appointed, and does constitute and appoint the persons named below as its true and lawful Attorneys -in -Fact, to execute proposals for the sale of materials or the construction of work, to make contracts for same, and execute Surety Bonds to be used in connection therewith: KEVIN J. GALLAGHER WILLIAM A. STETZLER PATRICK A. SMITH SHANNON MCKAMEY ERIC W. MONSKE CONRAD R. SPANGLER, III This appointment is made in accordance with Article V, Section 1 of the By -Laws of the Corporation as amended January 16, 1986, and still in full force and effect. �MI"JAT1'PIS�WHEREOF, CALDWELL TANKS, INC. has caused these presents to be signed b �i j resident, ant'it�,corporate seal to be thereunto affixed and duly attested by its Secretary this 4th dWf IycP2g1r z ATTEST: SEAL A TANKS, INC. (SEAL) '��/SVIL1 E' BY: - "'// �t'�` K. an Harvey STATE OF KENTUCKY ) Presi i SS: COUNTY OF JEFFERSON ) LOU* ,,,day of May, 2021, before me personally appeared K. Ryan Harvey, President of CALDWEI,. a�,4VKS II�Sy avho being duly sworn, said he resides in the state of Kentucky; that he is President at`CAL•�UWL�Is�RNK-5, INC., the Corporation described in and which executed the foregoing instrument' that h�cr�" the Ckporate seal; that it was so affixeA by order of th Board of Directors of said Corporation, aO that"he;sigied his name thereto as President of sa' Co ati n by like authority. (SEAL) ��'� UB L \( -" � ? BY: Caroly . E. Burke STATE OF KE K`�����' Notary Public, State at Large " " ) SS: MY COMMISSION EXPIRES 9/25/2023 COUNTY OF JEFFERSON ) I, David E. Bartley, Secretary of CALDWELL TANKS, INC. do hereby certify that the above and foregoing i���� Ve and correct copy of the Power of Attorney executed by CALDWELL TANKS, INC., wNctl�i�stl dfull force and effect. (IVITNESS'WH�EOF, I have signed this certificate at Lq 2I—Z (SEAL) % , . SEAL BY: avid E. Bartley, Secret ��'�.,ISVIL�-"c;��`` Caldwell Tanks, *Inc., 30'-0" TANK DIAMETER 100,000 GALLON CAPACITY BALCONY "R2" w w "R1" z 0 zQ o "S1„ w I � -04 Q N w "63" c� _ " 62" "RR2" MATERIAL THICKNESS o ~ CONTAINER: "CO2" "BR2" 0o J »R2„ 1/4„ z w "ST1" "RR1" „R1„ 1/4" Ld "sill 1/4" o U "BY 1 /4„ w o O » B2" 1/4" IL O ~ "BR1„ RISER 1/4" 0 o TOWER: ul COLUMNS DIAMETER: 20" "CO2": 1/4" (THICKNESS) "C01 ": 1 /4" (THICKNESS) 48" DIA. WET RISER STRUT ELEVATION „ST1: W6x2o BRACE RODS "BR2": 1" "BR1 DESIGN PARAMETERS DESIGN PER AWWA D100-11 AND PROJECT SPECIFICATIONS. ALL ACCESSORIES TO BE INCLUDED PER SPECIFICATIONS. SIZES AND THICKNESSES SUBJECT TO CHANGE WITH CALDiWELL FINAL DESIGN. Since 1887 SITE CLASS: C Water - Energy - Industrial SEISMIC LOAD - SS=22.0% Si =9.6% GOSHEN, AR 100,000 GALLON DOUBLE ELLIPSOIDAL TANK WIND LOAD - 90 MPH 4 BATTERED COLUMNS (0.75" IN 12") BY. BRK TITLE: BID SKETCH DIAMETER AT TOP OF FOUNDATION - 37'-8 3/8" DATE: DRAWING NO.: 12/01 /21 BID 228 QUANTITIES: (TOTAL FOR 4 COLUMNS) o 3'-2" x 3'-11" TAN. x RAID. WIDTH CONCRETE — 15 CU. YDS. REINFORCEMENT — 1,200 LBS. #5 DOWELS �(16) w �(6) #4 TIES LL `9 � o w ( 5) #4 BARS Q n EQ. SPA. EA. WAY O O Y I � U (5) #6 BARS EQ. SPA. EA. WAY 6'-3" SQUARE FOOTING PEDESTAL SECTION NOTES: THE PROJECT GEOTECHNICAL ENGINEER SHALL INSPECT AND APPROVE SUBGRADE PRIOR TO STEEL OR CONCRETE PLACEMENT. FOUNDATION IS SUBJECT TO CHANGE WITH FINAL DESIGN. SUBGRADE PREPARATION AND BACKFILL PER PROJECT GEOTECHNICAL REPORT AND SPECIFICATIONS. REINFORCING STEEL QUANTITIES DO NOT ACCOUNT FOR LAPS, BENDS, HOOKS, ETC. DESIGN PARAMETERS DESIGN PER AWWA D100-11 AND PROJECT SPECIFICATIONS. ANCHOR BOLT CIRCLE DIA. — 37'-8 318" SUBJECT TO CHANGE WITH FINAL DESIGN. SEISMIC LOAD — SS= 18.0% Si = 9.8% CALDMVELL BASIC WIND SPEED — 90 MPH Water - Energy5 inee tr87 - Industrial NET ALLOWABLE BEARING CAPACITY — 6,500 PSF GOSHEN, AR 100,000 GALLON DOUBLE ELLIPSOIDAL TANK CONCRETE STRENGTH — 4,000 PSI BY: TITLE: BRK COLUMN PIER DETAIL REINFORCING STEEL PER ASTM A615 GR. 60. DATE:12/8/21 DRAWING NO.: BID 228 0 5'-2" SQ. SLAB QUANTITIES: CONCRETE — 4 CU. YDS. o Q Y REINFORCEMENT — 300 LBS. C. W ~ = (6) ##4 BARS w 0 0 w EA. FA. EQ. SPA. J ( 6) ##4 BARS z Q EA. FA. EQ. SPA. J Q o ( 6) ##5 BARS EA. FA. EQ. SPA. o CD �T • • e o 0 6'-2" SQUARE FOOTING CENTER PIER SECTION ( 2 ) WALLS REQUIRED NOTES: THE PROJECT GEOTECHNICAL ENGINEER SHALL INSPECT AND APPROVE SUBGRADE PRIOR TO STEEL OR CONCRETE PLACEMENT. FOUNDATION IS SUBJECT TO CHANGE WITH FINAL DESIGN. SUBGRADE PREPARATION AND BACKFILL PER PROJECT GEOTECHNICAL REPORT AND SPECIFICATIONS. REINFORCING STEEL QUANTITIES DO NOT ACCOUNT FOR LAPS, BENDS, HOOKS, ETC. DESIGN PARAMETERS DESIGN PER AWWA D100-11 AND PROJECT SPECIFICATIONS. SUBJECT TO CHANGE WITH FINAL DESIGN. SEISMIC LOAD — SS= 18.0% Sl = 9.8% � v= LWELL BASIC WIND SPEED — 90 MPH Water - Energys,t -Indduu strriaig l NET ALLOWABLE BEARING CAPACITY — 6,500 PSF GOSHEN, AR 100,000 GALLON DOUBLE ELLIPSOIDAL TANK CONCRETE STRENGTH — 4,000 PSI BY: TITLE: BRK CENTER PIER DETAIL REINFORCING STEEL PER ASTM A615 GR. 60. DATE:12/8/21 DRAWING NO.: BID 228 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank t,nprovements SECTION 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: Benson Mountain Elevated Water Storage Tank Improvements, Bid 21-80, Construction. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name Expected Percentage and Address or Value Designate Work Ozark MTN. Construction 1002 Artis Lane Civil Construction Conway, AR 72034 $300,000 Viking Industrial Painting 8790 F St., Suite 629 Field Coatings Omaha, NE 68127 $110,000 Brothers Electric Electrical 16649 Payne Road Conroe, Texas 77302 $90,000 Iseler Demolition, Inc. Demolition 6996 Ronjoy PI PO B_ox 185 $30,000 Port Hope, MI 48468 NOTE: This form must be submitted in accordance with the Instructions to Bidders. Caldwell Tanks, Inc. 1idder's name (type or print) Bidder's name (signature) Eric W. Monske, Sales Manager December 14, 2021 Date END OF SECTION 00430 V4.: pORPORq, Z =;<o.SEAL GAS .......••• Nl' ,: 00430-List of Subcontractors 00430-1 November 2021 Responses Success: All data is valid! Bid 21-80, Total Base Bid Success: All values provided #1-1 Performance and Payment Bond 1 LS $ 4,400.00 $ 4,400.00 LS $ 55,000.00 $ 55,000.00 Success: All values provided #1-2 Mobilization 1 LS $ 1,500.00 $ 1,500.00 Success: All values provided #1-3 Construction Erosion Control 1 LS $ 3,500.00 $ 3,500.00 Success: All values provided #1-4 Site Preparation and Grading 1 LS $ 3,000.00 $ 3,000.00 Success: All values provided ■ #15 Clearing and Grubbing 1 LS $ 2,000.00 $ 2,000.00 Success: All values provided #1-6 OSHA Trench Safety 1 Construction of the 100,000-Gallon Benson Success: All values provided #1-7 Mountain Elevated Water Storage Tank Improvements as shown in the Plans and stated 1 LS $ 1,019,870.00 $ 1,019,870.00 in the Specifications LS $ 30,000.00 $ 30,000.00 Success: All values provided #1-8 Demolish Existing 35,0000-Gallon Benson Mountain Standpipe 1 SY $ 16.00 $ 19,680.00 Success: All values provided #1-9 Construct Gravel Access Drive (8" Thickness) 1230 CY $ 33.00 $ 8,250.00 Success: All values provided #1.10 Undercut Gravel Access Drive and Backfill with Oversize Rock 250 SY $ 9.00 $ 6,300.00 Success: All values provided #1-11 Remove Gravel Access Drive and Restore with Seed, Fertilize, and Mulch 700 EA $ 1,500.00 $ 1,500.00 Success: All values provided #1.12 Install Temporary 20' Gate Assembly and Remove 1 following Construction 12/15/21, 9:06 AM Back to Project Proposal Data Bid 21-80, Construction - Benson Water Tank - Proposal Data Show/Hide 4 Search Supplier AR Secretary of State Arkansas Contractor's Pursuant Arkansas Code Annotated §25-1-503, the Filing # License # currently boycott Israel and will not boycott Israel r or while in contract, with any public entity as define contractor decides to boycott Israel, the contractor writing. Caldwell Tanks, Inc. 0028840422 Yes Scorecard Open... Maguire Iron, Inc. 0130400521 Yes Scorecard Open... Phoenix Fabricators and Erectors, LLC 0034100421 Yes Scorecard Open... 6 https://fayettevi I I e-a r. bonfi rehu b.com/projects/54718/proposal Data City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: Benson Mountain Elevated Water Storage Tank Improvements Contract No.: 21-80, Construction THIS AGREEMENT is dated as of the day of in the year 20_ by and between The City of Fayetteville, Arkansas and Caldwell Tanks, Inc. (hereinafter called Contractor). ARTICLE 1- WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Agreement includes, but is not limited to: A. Construction of the 100,000-gallon Benson Mountain Multi -Column Elevated Water Storage Tank with related site improvements and demolition of the existing 35,000- gallon Benson Mountain Standpipe. 1.02 The Contractor agrees to perform the work described in the Contract Documents and comply with the terms therein for the amounts shown in the Bid Proposal. Refer to Section 00400- Bid Form for quantifies. 1.03 Any use of a third party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. 1.04 Contractor is responsible for obtaining all applicable permits. The fees for City of Fayetteville (only) issued permits shall be waived. 1.05 The Contract may include work in City of Fayetteville right-of-way, ARDOT (State) right-of- way, railroad right-of-way and in General or Utility Easements. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by Hawkins -Weir Engineers, Inc. Hawkins - Weir Engineers, Inc. assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in connection with completion of the Work in accordance with the Contract Documents. 00500-Agreement 00500-1 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 2.02 The City of Fayetteville assumes all duties and responsibilities, and has the rights and authority assigned to The City of Fayetteville as Owner in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestone, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR COMPLETION AND FINAL PAYMENT: A. The Work shall be substantially completed within 330 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment within 30 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred and Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Seven Hundred and Fifty Dollars ($750.00) for each 00500-Agreement 00500-2 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the Contract estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the Contract Documents. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. Further, there shall be no changes to the scope and/or contract documents without prior written approval of the Engineer of Record and the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units 00500-Agreement 00500-3 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. 00500-Agreement 00500-4 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) B. Contractor has visited the Site(s) and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00500-Agreement 00500-5 November 202I City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in this Agreement and in the GENERAL CONDITIONS: l . This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. a. The Performance and Payment Bond shall be one hundred percent (100%). b. The Contractor shall file the Performance, Payment and Warranty Bonds at the Washington County Clerk's office prior to providing a file marked copy of the filed Performance, Payment and Warranty Bonds to the Owner or Engineer. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in Table of Contents of Project Manual. 00500-Agreement 00500-6 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) 7. Drawings consisting of a cover sheet and sheets as listed in the Table of Contents thereof (Drawings), with each sheet bearing the following general title: Benson Mountain Elevated Water Storase Tank Improvements 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, 00500-Agreement 00500-7 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. 00500-Agreement 00500-8 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on Date of the Agreement. CONTRACTOR: Caldwell Tanks, Inc. By: Kevin J. (Type or Iegj* print) Title: Vice President 20 , which is the Effective CITY OF FAYETTEVILLE By: Lioneld Jordan (Type or legibly print) (Signature) Title: Mayor Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and tNUU such entity is petm�ttZfi jj_pgtVdta work in the State of Arkansas. U i pORPORgt� ., Zs —•-, :0 = iz _.0404 i i, i = (SEAL) Attest Nk/ v— t — Attest 00500-Agreement 00500-9 November 2021 City of Fayetteville, Arkansas Benson Mountain Elevated Water Storage Tank Improvements SECTION 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR (continued) Address for giving notices Address for giving notices 4000 Tower Road 113 W. Mountain St. Louisville, KY 40219 License No. #0028840412 Agent for Service of process Cogency Global, Inc. 1215 Twin Lakes Drive Little Rock, AR 72205 (Type or legibly print) (Signature) Fayetteville, AR 72701 Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity Approved as to Form: or LLC, attach evidence of authority to sign.) By: Attorney For: END OF SECTION 00500 00500-Agreement 00500-10 November 2021 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number WATER SEWER (720) 2022 (BY) /Org2 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment is needed in the Benson Mountain Pressure Plane project for costs associated with the construction contract for the Benson Mountain Elevated Water Storage Tank Improvements. Contract includes construction of a new elevated water storage tank, associated site improvements and demolition of the existing tank. Budgeted Impact Fee Funds will be utilized for this project. Budgeted funds from the Impact Fee Project are being moved to cover the cost for the construction of the tank, associated site improvements and the demolition of the old tank COUNCIL DATE: 1 /4/2022 LEGISTAR FILE ID#: 2021-1040 }f o-ll y 31ac1� 12/21 /2021 9:20 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: 1/4/2022 TOTAL Account Number 2,772,000 2,772,000 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20211122 Account Name 5400.720.5600-5808.00 1,386,000 - 10006 1 EX Improvements - Water Line 5400.720.5600-6602.30 2300.720.9300-7602.40 - 1,386,000 1,386,000 - 10006 07002 1 RE 2001.1 EX Transfer from Fund - Impact Fee Transfers To Funds - Water & Sewer Func 2300.720.9300-4999.99 - 1,386,000 RE Use Fund Balance - Current H:\BudgetAdjustments\2022-Budget\CITY COUNCIL\01-04-22\2021-1040 BA Benson Mtn Water Tank Caldwell contractAsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1022 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.13 RIGGS CAT MINI -EXCAVATOR: File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF A CATERPILLAR MINI -EXCAVATOR FROM RIGGS TRACTOR COMPANY FOR THE AMOUNT OF $72,260.34 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT 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 the purchase of a Caterpillar 304 Mini -Excavator from Riggs Tractor Company for the amount of $72,260.34 plus any applicable tax and freight charges, pursuant to a Sourcewell cooperative purchasing contract. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Sara Combs Submitted By City of Fayetteville Staff Review Form 2021-1022 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A Resolution to authorize the purchase of one mini -excavator using Sourcewell Cooperative Contract pricing in the total amount of $72,260.34 through Riggs CAT. Budget Impact: 9700.770.1920-5802.00 Shop Account Number Fund 02076.2020 Backhoes/Loaders Project Number Project Title Budgeted Item? Yes Current Budget $ 253,159.00 Funds Obligated $ 61,319.41 Current Balance I $ 191,839.59 Does item have a cost? Yes Item Cost $ 72,260.34 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 119,579.25 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS W MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Terry Gulley, Public Works Assistant Director FROM: Sara Combs, Fleet Operations Superintendent DATE: December 15, 2021 SUBJECT: Purchase of a Caterpillar 304 Min Ex CITY COUNCIL MEMO RECOMMENDATION: Council approves the purchase of one mini -excavator using Sourcewell Cooperative Contract pricing in the total amount of $72,260.34 through Riggs CAT. BACKGROUND: Unit 698 is a 2012 Caterpillar 420E Backhoe with 13.5/15 points and has exceeded it's life expectancy. Water & Sewer has determined that a mini -excavator would perform the duties needed better than a backhoe. This is significantly less expensive! DISCUSSION: A Caterpillar 304 Mini -Excavator available for the Sourcewell contract price of $72,260.34 through Riggs Caterpillar of Springdale, AR. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted for this purchase. This item was presented to the December 1411, 2021 Equipment Committee. Attachments: Quote Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Quote Quote 154263-01 Riggs November 19, 2021 CITY OF FAYETTEVILLE 1525 S HAPPY HOLLOW RD FAYETTEVILLE, Arkansas 72701-7258 Attention: Sara Combs RE: 154263-01 Dear Sara Combs, We are pleased to quote the following for your purchase consideration. One (1) New Caterpillar Model: 304 Compact Radius Excavator with all standard equipment in addition to the additional specifications listed below: STOCK NUMBER: Order SERIAL NUMBER: TBD YEAR: 2022 SMU: SELL PRICE NET BALANCE DUE BEFORE TAX BALANCE Pricing pursuant to terms of Sourcewell Cooperative Contract #032119CAT F.O.B/TERMS: Fayetteville WARRANTY Standard Warranty: 24 Months / 2000 Hours Premier (total machine) $72,260.34 $72,260.34 $72,260.34 Thank you for your interest in Riggs CAT and Caterpillar products for your business needs. This quotation is valid for 30 days, after which time we reserve the right to re -quote. If there are any questions, please do not hesitate to contact me. Sincerely, Steve Smith Machine Sales Representative Riggs CAT Steves@jariggs.com +1 (479) 601-1330 Accepted by Will accept an approved PO in place of signature on Signature Page 1 of 3 Quote Quote 154263-01 One (1) New Caterpillar Model: 304 Compact Construction Equipment with all standard equipment in addition to the additional specifications listed below: STANDARD EQUIPMENT POWERTRAIN - Cat C1.7T diesel engine - -U.S. EPA tier 4 final - -EU stage V - -ISO 9249/EEC 80/1270 - -Rated net power 34.1 kW - -2,400 rpm - ISO 9249/EEC 80/1269 - -Electronic engine, turbo, DOC (diesel - oxidation catalyst) - Automatic engine idle - Automatic engine shut-off - Automatic swing brake - Automatic two speed travel - Fuel and water separator with indicator - Radial seal, double element air filter - with restrictions indicator - HYDRAULICS - Smart tech electronic pump - Variable displacement piston pump - Load sensing & flow sharing hydraulics - Power on demand - Hydraulic temperature monitoring - Accumulator - certified ELECTRICAL - 12 volt electrical system - 85 ampere alternator - 650 CCA maintenance free battery - Battery disconnect - Circuit breaker - Ignition key stop switch - Signaling/warning horn - Work lights - -Cab, boom left - -Courtesy safety light OPERATOR ENVIRONMENT - Sealed and pressurized unitized cab - Operator sound pressure 72 dB(A) ISO6396 - Integrated lower front window - Rear window emergency exit - Radio - bluetooth, USB, aux, mic - 12V power socket - Ergonomic joystick control levers - Adjustable wrist rests - Pattern changer - Color LCD monitor - -Fuel level, coolant temperature and - warning indicator - -Maintenance and machine monitoring - -Performance & machine adjustments - -Numeric security code - -Multiple languages - -Hour meter - -Jog dial control interface - Coat hook - Cup holder - Hydraulic lockout controls - Literature holder - Molded footrests - Removable washable floor mat - Retractable florescent "high - visibility" seat belt - Travel control pedals with hand levers - Utility space for mobile phone - skylight - mounting bosses for top & front guards FLUIDS - Extended life coolant - 37C - Hydro advanced hydraulic oil OTHER STANDARD EQUIPMENT - Cat key with passcode option - Locks on external enclosure doors - Lockable fuel cap - Beacon socket - Ecology drain - engine oil - Side by side engine & hydraulic - oil cooler - Stick steer mode - Cruise control mode - Power on demand - Rear reflectors - Roll-over protective structure (ROPS) - (ISO 12117-2) - Product Link PL243 (regulations apply) - Auxiliary hydraulic lines - -1-way and 2-way (combined function) - -Auxiliary line quick disconnects - -Adjustable auxiliary flow - -Continuous flow - -Adjustable auxiliary relief - Thumb ready stick - Page 2 of 3 Quote Quote 154263-01 MACHINE SPECIFICATIONS 304 MINI EXCAVATOR CAT C1.7 ENGINE, 48 HP ALARM, TRAVEL LINKAGE BUCKET W/LIFTING EYE PRESSURIZED CAB, WITH HEAT AND A/C BOOM, SWING HOLDER, GREASE GUN AUTO ENGINE IDLE / SHUTDOWN CRUISE CONTROL STICK STEER CONTROL AUTO 2 SPEED TRAVEL STICK, LONG, 2- AUX, ANGLE BLD LINES, BOOM LINES, STICK TRACK, 14", RUBBER BELT LIGHTS, LED, FRONT AND REAR BELT, SEAT, 3" RETRACTABLE MONITOR NEXT GEN, COLOR LCD RADIO, BLUETOOTH/USB/AUX/MIC PRODUCT LINK, CELLULAR PL243 COUNTERWEIGHT, EXTRA, 500LBS BLADE, ANGLE, BOLT ON CUTTING EDGE MIRROR, CAB, RIGHT REAR MIRROR, CAB CONTROL, QUICK COUPLER LINES, QC, LONG STK COUPLER, PG, HYDRAULIC BUCKET -HEAVY DUTY, 18" BUCKET -HEAVY DUTY, 24" PINS, BUCKET, 40MM HYDRAULIC HAMMER, 134S TOOL, MOIL, B4 Page 3 of 3 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1023 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.14 P&K EQUIPMENT JOHN DEERE 5075 TRACTOR: A RESOLUTION TO AUTHORIZE THE PURCHASE OF A JOHN DEERE 5075 TRACTOR FROM P&K EQUIPMENT IN THE AMOUNT OF $40,963.22, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT 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 the purchase of a John Deere 5075 Tractor from P&K Equipment in the amount of $40,963.22 plus any applicable sales tax and freight charges, pursuant to a Sourcewell cooperative purchasing contract. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Sara Combs Submitted By City of Fayetteville Staff Review Form 2021-1023 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A Resolution to authorize the purchase of one John Deere 5075 Tractor using Sourcewell Cooperative Contract pricing in the total amount of $40,963.32 through P&K Equipment of Springdale, AR Budget Impact: 9700.770.1920-5802.00 Shop Account Number Fund 02083.2019 Tractors and Mowers Project Number Project Title Budgeted Item? Yes Current Budget $ 229,388.00 Funds Obligated $ 20,618.12 Current Balance I $ 208,769.88 Does item have a cost? Yes Item Cost $ 40,963.32 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 167,806.56 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS W MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Terry Gulley, Public Works Assistant Director FROM: Sara Combs, Fleet Operations Superintendent DATE: December 15, 2021 SUBJECT: Purchase of a one John Deere 5075 Tractor CITY COUNCIL MEMO RECOMMENDATION: Council approves the purchase of one John Deere 5075 Tractor using Sourcewell Cooperative Contract pricing in the total amount of $40,963.32 through P&K Equipment of Springdale, AR BACKGROUND: Unit 5005 is a 2008 John Deere 5325 Tractor that has 14.6/15 points and has exceeded it's life expectancy. DISCUSSION: A John Deere 5075 Tractor is available for the Sourcewell contract price of $40,963.32 through P & K Equipment of Springdale, AR. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected for this purchase. This item was presented to the December 1411, 2021 Equipment Committee. Attachments: Quote Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 aJOHN DEERE A Purchase Order or Letter of Intent is required for all orders. To expedite the delivery of equipment, the below information must be included on your Purchase Order or Letter of Intent. Vendor: Deere & Company ❑ 2000 John Deere Run Cary, NC 27513 ❑ Contract name and number ❑ Signature ❑ Shipping address ❑ Billing address ❑ Membership number (if applicable) For any questions, please contact: Brad Wright P & K Equipment, Inc. 907 West Henri De Tonti Blvd Springdale, AR 72762 Tel: 479-306-4020 Fax: 479-306-4015 Email: bwright@pkequipment.com ❑ Tax exempt certificate (if applicable). Must be made out to Deere & Company. If information is not included, the Purchase Order or Letter of Intent will be returned. The John Deere Government Sales Team aJOHN DEERE Quote Id: 25644262 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 Delivering Dealer: Brad Wright ,PK E Q U I P M E N T OJOHN DEERE ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: P & K Equipment, Inc. 907 West Henri De Tonti Blvd Springdale, AR 72762 479-306-4020 springdale@pkequipment.com Prepared For: CITY OF FAYETTEVILLE TRANSPORT P & K Equipment, Inc. 907 West Henri De Tonti Blvd Springdale, AR 72762 springdale@pkequipment.com Proposal For: Quote Prepared By: Brad Wright bwright@pkequipment.com Date: 18 November 2021 Confidential Offer Expires: 31 March 2022 aJOHN DEERE ,PK E Q U I P M E N T OJOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER: Deere & Company P & K Equipment, Inc. 2000 John Deere Run 907 West Henri De Tonti Blvd Cary, NC 27513 Springdale, AR 72762 FED ID: 36-2382580; DUNS#: 60-7690989 479-306-4020 springdale@pkequipment.com Quote Summary Prepared For: Delivering Dealer: CITY OF FAYETTEVILLE TRANSPORT P & K Equipment, Inc. 1525 S HAPPY HOLLOW RD Brad Wright FAYETTEVILLE, AR 72701 907 West Henri De Tonti Blvd Business: 479-444-3494 Springdale, AR 72762 Phone: 479-306-4020 bwright@pkequipment.com Thank you - we appreciate your business! Quote ID: 25644262 Created On: 18 November 2021 Priceslisted includeall applicable bonuses&rebates. Last Modified On: 18 November 2021 Expiration Date: 31 March 2022 WARRANTY INFORMATION: FORNEW EQUIPMENT, PLEASESEETHE MANUFACTUFERSWARRANTYSTATEMENT FORDEfAILS. FORUSED EQUIPMENT, EQUIPMENT ISSOLD "AS -IS' WITH NO WAF;F'ANTIESOTHER D(PFESSED OR I M PLI ED. By signing below, the customer acknowledges that he/she has received a copy of the operator's manual for new equipment. Equipment Summary Selling Price Qty Extended JOHN DEERE 5075M $ 40,963.32 X 1 = $ 40,963.32 PowrReverserTM Utility Tractor Contract: AR Ag Tractors Sourcewell PA 4600046128 (PG OC CG 22) Price Effective Date: November 17, 2021 Equipment Total $ 40,963.32 * Includes Fees and Non -contract items Quote Summary Equipment Total $ 40,963.32 Trade In SubTotal $ 40,963.32 Est. Service $ 0.00 Agreement Tax Total $ 40,963.32 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 40,963.32 Salesperson : X Accepted By: X Confidential aJOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ,PK E Q U I P M E N T OJOHN DEERE ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: P & K Equipment, Inc. 907 West Henri De Tonti Blvd Springdale, AR 72762 479-306-4020 springdale@pkequipment.com Salesperson : X Confidential Accepted By: X JOHN DEERE Selling Equipment Quote Id: 25644262 Customer Name: CITY OF FAYETTEVILLE TRANSPORT ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ,PK E Q U I P M E N T ® JOHN DEERE ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: P & K Equipment, Inc. 907 West Henri De Tonti Blvd Springdale, AR 72762 479-306-4020 springdale@pkequipment.com JOHN DEERE 5075M PowrReverserTM Utility Tractor Hours: Stock Number: Contract: AR Ag Tractors Sourcewell PA 4600046128 (PG Selling Price OC CG 22) $ 40,963.32 Price Effective Date: November 17, 2021 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 251 FPY 5075M PowrReverserTM 1 $ 62,240.00 22.00 $ 13,692.80 $ 48,547.20 $ 48,547.20 Utility Tractor Standard Options - Per Unit 183B Less JDLinkTm Hardware 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 185A JDLinkTM Connectivity 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 0202 United States 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 0409 English Operators Manual 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1380 PowrReverserTM 16F/16R 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 40 km/h 1799 Less Loader Prep Package 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 2010 Standard Isolated Open 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Operator Station 2100 Mechanical Suspension seat 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 2400 Less Instructional Seat 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 2500 Less Rear View Mirrors 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 3020 Vertical Exhaust 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 3325 2 Mechanical Stackable 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Rear SCV 3420 2 Stackable Mid SCVs with 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Mechanical Joystick control 3820 Two Speed PTO - 540/540E 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4010 Mechanical Rear Hitch 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Control 4110 Telescoping Draft Links with 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Ball End - Category 2 4160 LH Only Adjustment Lift Link 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4210 Mechanical Center Link with 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Ball Ends - Category 2 Confidential aJOHN DEERE Selling Equipment Quote Id: 25644262 Customer Name: CITY OF FAYETTEVILLE TRANSPORT ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580; DUNS#: 60-7690989 ,PK E Q U I P M E N T OJOHN DEERE ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: P & K Equipment, Inc. 907 West Henri De Tonti Blvd Springdale, AR 72762 479-306-4020 springdale@pkequipment.com 4420 LH & RH Stabilizer Bar 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 5192 19.5L-24 In. 10PR R4 Bias 1 $-2,297.00 22.00 $-505.34 $-1,791.66 $-1,791.66 5999 No Rear Tire Brand 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Preference 6020 2WD Front Axle 1 $-6,834.00 22.00 $-1,503.48 $-5,330.52 $-5,330.52 6113 11 L - 15 In. 8PR F3 (Truck 1 $-2,515.00 22.00 $-553.30 $-1,961.70 $-1,961.70 Type) Bias 6799 No Front Tire Brand 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Preference Standard Options Total $ $-2,562.12 $-9,083.88 $-9,083.88 -11,646.00 Dealer Attachments/Non-Contract/Open Market JL JL 1 TIRE EXCHANGE 1 $ 1,500.00 0.00 $ 0.00 $ 1,500.00 $ 1,500.00 Dealer Attachments Total $ 1,500.00 $ 0.00 $ 1,500.00 $ 1,500.00 Value Added Services Total $ 0.00 $ 0.00 $ 0.00 Confidential City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1024 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.15 WILLIAMS TRACTOR INC.: File Type: Resolution A RESOLUTION TO APPROVE THE PURCHASE OF FOUR HUSTLER SUPER Z MOWERS FROM WILLIAMS TRACTOR, INC. IN THE TOTAL AMOUNT OF $38,902.00, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT 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 purchase of four Hustler Super Z mowers from Williams Tractor, Inc. in the total amount of $38,902.00, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Sara Combs Submitted By City of Fayetteville Staff Review Form 2021-1024 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of four Hustler mowers using Sourcewell Cooperative Contract pricing in the total amount of $38,902.00 through Williams Tractor of Fayetteville, AR. Budget Impact: 9700.770.1920-5802.00 Account Number 02083.2022 Shop Fund Tractors and Mowers Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title $ 204,000.00 $ 8,898.00 I $ 195,102.00 $ 38,902.00 156.200.00 V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS W MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Terry Gulley, Public Works Assistant Director FROM: Sara Combs, Fleet Operations Superintendent DATE: December 15, 2021 SUBJECT: Purchase of a four Hustler Mowers CITY COUNCIL MEMO RECOMMENDATION: Council approves the purchase of four Hustler mowers using Sourcewell Cooperative Contract pricing in the total amount of $38,902.00 through Williams Tractor of Fayetteville, AR. BACKGROUND: Unit 5088 is a 2016 Kubota Riding Mower with 14.9/15 points. Unit 5071 is a 2016 Kubota Riding Mower with 14.9/15 points. Parks Maintenance Division also has two 2022 approved expansions. DISCUSSION: Utilizing Sourcewell contract pricing through Williams Tractor of Fayetteville, AR the City has available: two Hustler Super Z mowers for $10,629.00, one Hustler Super S 48" Stand -on Mower for $7,578.00, and one Super Z 54" Side Discharge mower for $10,066 for a total of $38,902.00 BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected for this purchase. This item was presented to the December 141", 2021 Equipment Committee. Attachments: Quote Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Williams Tractor, Inc. 2501 SHILOH DRIVE P. O, BOX 1346 FAYETTEV ILL E, ARKANSAS 72702.1346 Phone 4791442-82a4 FAX 4791442.6013 Email: dowilliams@williamstractor.com City of Fayetteville Attn:Sara November 18, 2021 Please accept the following Sourcewell (062117-HTE)pricing for Hustler Commercial ZTR mowers. 1. 2022 Hustler Super Z 60" Rear Discharge -FX850 Kawasaki engine with 14mph drive speed -VX4 7ga Rear Discharge Commercial Deck Sale Price for (2) *please add any applicable sales tax Thank you for considering Hustler Turf and Williams Tractor Tim Bailey $10629.00 each Williams Tractor, Inc. 2501 SHILOH DRIVE P D. Box 1346 FAYETTEVILLE, ARKANSAS 72702.1346 Phone 4791442-8284 FAX 4791442.6013 Email: dawilliarns@williamstractor.cam City of Fayetteville Attn:Sara December 7, 2021 Please accept the following Sourcewell (062117-HTE)pricing for Hustler Commercial ZTR mowers. 1. 2022 Hustler Super Z 54" side discharge deck -FX850 Kawasaki engine Sale Price 2. 2022 Hustler Super S 48" Stand -on side discharge -FX691 Kawasaki engine Sale Price *please add any applicable sales tax Thank you for considering Hustler Turf and Williams Tractor Tim Bailey $10,066.00 each $7578.00 each City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1025 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.16 RIGGS CAT 420 BACKHOE: File Type: Resolution A RESOLUTION TO AUTHORIZE THE PURCHASE OF A CATERPILLAR 420 BACKHOE FROM RIGGS TRACTOR COMPANY IN THE AMOUNT OF $112,193.77 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT 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 the purchase of a Caterpillar 420 Backhoe from Riggs Tractor Company in the amount of $112,193.77 plus any applicable taxes and freight charges, pursuant to a Sourcewell Cooperative purchasing contract. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Sara Combs Submitted By City of Fayetteville Staff Review Form 2021-1025 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A Resolution to authorize the purchase of one Caterpillar 420 Backhoe using Sourcewell Cooperative Contract pricing in the total amount of $112,193.77 through Riggs CAT. Budget Impact: 9700.770.1920-5802.00 Shop Account Number Fund 02076.2022 Backhoes/ Loaders Project Number Project Title Budgeted Item? Yes Current Budget $ 565,000.00 Funds Obligated $ - Current Balance Fs 65,000.00 Does item have a cost? Yes Item Cost $ 112,193.77 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 452,806.23 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Terry Gulley, Public Works Assistant Director FROM: Sara Combs, Fleet Operations Superintendent DATE: December 15, 2021 SUBJECT: Purchase of a Caterpillar 420 Backhoe CITY COUNCIL MEMO RECOMMENDATION: Council approves the purchase of one Caterpillar 420 Backhoe using Sourcewell Cooperative Contract pricing in the total amount of $112,193.77 through Riggs CAT. BACKGROUND: Unit 6002 is a 2013 Caterpillar 420 Backhoe with 13/15 points and has exceeded its life expectancy. DISCUSSION: A Caterpillar 420 Backhoe is available for the Sourcewell contract price of $112,193.77 through Riggs Cat of Springdale, AR. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted and collected for this purchase. This item was presented to the December 1411, 2021 Equipment Committee. Attachments: Quote Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Quote Quote 154265-01 November 19, 2021 CITY OF FAYETTEVILLE 1525 S HAPPY HOLLOW RD FAYETTEVILLE, Arkansas 72701-7258 Attention: Sara Combs RE: 154265-01 Dear Sara Combs, We are pleased to quote the following for your purchase consideration. One (1) New Caterpillar Model: 420 Backhoe Loader with all standard equipment in addition to the additional specifications listed below: STOCK NUMBER: Order SERIAL NUMBER: TBD YEAR: 2022 SMU: SELL PRICE EXT WARRANTY NET BALANCE DUE BEFORE TAX BALANCE Pricing pursuant to terms of Sourcewell Cooperative Contract # 032119 CAT F.O.B/TERMS: Fayetteville WARRANTY Standard Warranty: 12 Month/Unlimited Hours Full Machine Extended Warranty: 36 MO / 5000 HR PT + Hyd + Tech $112,193.77 Included $112,193.77 $112,193.77 Thank you for your interest in Riggs CAT and Caterpillar products for your business needs. This quotation is valid for 30 days, after which time we reserve the right to re -quote. If there are any questions, please do not hesitate to contact me. Sincerely, Steve Smith Machine Sales Representative Riggs CAT Steves@jariggs.com +1 (479) 601-1330 Accepted by Will accept an approved Purchase order in place of signature on Signature Page 1 of 3 Quote Quote 154265-01 One (1) New Caterpillar Model: 420 Backhoe Loader with all standard equipment in addition to the additional specifications listed below: STANDARD EQUIPMENT BOOMS, STICKS, AND LINKAGES - BACKHOE - - 14'4" Center pivot backhoe - 4.3 Meters - - Boom and swing transport locks - - Pilot operated backhoe and - electro hydraulic stabilizer controls - - Street type stabilizer shoes - - Anti -drift hydraulics (boom, stick, - and E-stick) - - Cat Cushion Swing(tm) system - LOADER - - Single Tilt Loader - - Lift cylinder brace - - Self -leveling loader with single - lever control - - Return -to -dig - (automatic bucket positioner) - - Transmission neutralizer switch - - Bucket level indicator POWERTRAIN - - Water separator - - Thermal starting aid system - - Dry type axial seal air cleaner with - integral precleaner - - Automatic dust ejection system - - Filter condition indicator - - Hydraulically boosted multi -plate - wet disk brake with dual pedals & - interlock - - Differential lock - - Torque converter - - Transmission -four speed manual shift - - Neutral safety switch - - Spin -on filters for - Fuel - Engine oil - Transmission oil - - Outboard Planetary Rear Axles - - Diesel particulate filter - - Hydrostatic power steering HYDRAULICS --Pilot hoe and mechanical loader- controls - -Load sensing, variable flow system - with 43 gpm (162 L/min) axial piston - pump - - 6 micron hydraulic filter - - Caterpillar XT-3 hose - - Hydraulic oil cooler - - Pilot control shutoff switch - - Flow -sharing hydraulic valves - - Hydraulic suction strainer - ELECTRICAL - - 12 volt electrical start - - Horn, front and rear - - Backup alarm - - Hazard flashers/turn signals - - Halogen head lights (2) - - Halogen rear flood lights (2) - - Stop and tail lights - - Audible system fault alarm - - Key start/stop system - - 850 CCA maintenance free battery - - Battery disconnect switch - - External Power Receptacle (12v) - - Diagnostic ports for engine and - machine Electronic Control Modules OPERATOR ENVIRONMENT - - Interior rearview mirror - - ROPS canopy, Rear Fenders - - 2-inch (50mm) retractable seat belt - - Tilt steering column - - Steering knob - - Hand and foot throttle - - Automatic Engine Speed Control - - One Touch Low Idle - - Floor mat and Coat Strap - - Lockable storage area - - Air suspension seat - FLUIDS - - Antifreeze - Extended Life Coolant - -20F (-30C) OTHER STANDARD EQUIPMENT - -Standard Storage Box - -Transport tie -down points - -Ground line fill fuel tank with - 42.3 gal (160L) capacity & 5 gal (19L) - diesel exhaust fluid - -Rubber impact strips on radiator - guard --CD-ROM Parts Manual - - Safety Manual - - Operations and Maintenance Manual - - Lockable hood - - Tire Valve Stem Protection Page 2 of 3 Quote Quote 154265-01 MACHINE SPECIFICATIONS 420 BACKHOE LOADER COUNTERWEIGHT, 1015 LBS WORKLIGHTS (8) HALOGEN LAMPS ENGINE, CAT C3.6 (105 HP) HYDRAULICS, MP, 6FCN/8BNK, ST AIR CONDITIONER STICK, EXTENDABLE CAB, DELUXE w/ AIR RIDE SEAT POWERTRAIN 4WD/AUTOSHIFT , 6 SPEED DISPLAY, LCD AUTOMATIC ENGINE SPEED CONTROL w/ one touch low idle LINES, COMBINED AUX, E-STICK (extra lines for aux attachments) RIDE CONTROL COLD WEATHER PACKAGE, 120V PRODUCT LINK, CELLULAR, PLE643 AUTO -UP STABILIZERS SEAT, DELUXE FABRIC, AIR RIDE JOYSTICK CONTROL w/ pattern changer LOADER BUCKET -MP, 1.3 YD3 (clam shell) CUTTING EDGE, TWO PIECE TIRES, 340 80-18/500 70-24, MX (Michelin) CAT CUSHION SWING SYSTEM TILT / TELESCOPIC STEERING STABILIZER PADS, FLIP -OVER BUCKET -HEAVY DUTY, 24" HIGH AMBIENT COOLING PACKAGE DRIVE SHAFT GUARD PLATE GROUP - BOOM WEAR Page 3 of 3 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0952 Agenda Date: 1/4/2022 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 RZN-2021-076 (5295 W. WEDINGTON RD./NWA CUSTOM HOMES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-076 LOCATED AT 5295 WEST WEDINGTON DRIVE FOR APPROXIMATELY 2.43 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO NS-G, NEIGHBORHOOD SERVICES -GENERAL AND RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to NS-G, Neighborhood Services -General and RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 City of Fayetteville Staff Review Form 2021-0952 Legistar File ID 12/21/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 12/3/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000076: Rezone (5295 W. WEDINGTON RD./NWA CUSTOM HOMES, INC., 437): Submitted by HALL ESTILL LAW FIRM for properties located at 5295 W. WEDINGTON DR. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain 2 parcels with approximately 2.43 acres. The request is to rezone approximately 0.62 acres to NS-G, NEIGHBORHOOD SERVICES -GENERAL and approximately 1.81 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 21, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Gretchen Harrison, Planner DATE: December 3, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000076: Rezone (5295 W. WEDINGTON RD./NWA CUSTOM HOMES, INC., 437): Submitted by HALL ESTILL LAW FIRM for properties located at 5295 W. WEDINGTON DR. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain 2 parcels with approximately 2.43 acres. The request is to rezone approximately 0.62 acres to NS-G, NEIGHBORHOOD SERVICES -GENERAL and approximately 1.81 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: The Planning Commission and city staff recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located in west Fayetteville on the south side of W. Wedington Drive about one mile west of N. Rupple Road. The subject property is a residential lot containing approximately 1.81 acres; is zoned R-A, Residential Agricultural; and currently has one single- family dwelling on site that was built in 1958. The property has about 100 feet of frontage along Wedington and is surrounded by low -density, residential and agricultural land, with the exception of the property to the east where subdivision construction is underway. The property to the east was rezoned to NS-G, Neighborhood Services -General, and RI-U, Residential Intermediate - Urban, last year with a Bill of Assurance. The Bill of Assurance limited density to eight units per acre, dictated a street stub out to the east and west, and removed residential uses from the portion zoned NS-G. Request: The request is to rezone parcel 765-07377-000 from R-A, Residential -Agricultural, to NS-G, Neighborhood Services — General, and rezone parcel 765-16191-000 from R-A to RI-U, Residential Intermediate — Urban. Public Comment: Prior to the Planning Commission, staff received one phone call inquiry about the proposal, but the member of the public did not issue any specific comments or concerns with the request. No public comment was offered at the hearing. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Compatibility: The subject property is largely surrounded by low -density, single-family, residential and agricultural land. However, the adjacent property to the east is currently being developed as a two-family residential subdivision with a commercial lot fronting W. Wedington Drive. Staff feels comfortable supporting the request given the long-term land use plans for the area, the compatibility with the adjacent property to the east, and the restrictions placed on development near protected streams, hydric soils, and floodplains. The subject area is located on a fully improved Regional Link street, W. Wedington Drive, which has a design service volume of 17,600 vehicles per day, leading staff to conclude that the existing infrastructure can absorb an increased vehicle load, particularly since the two nearest, most recent traffic counts indicate an average daily count of 11,000 near N. Pershing Street to the west and 15,000 near N. Broyles Avenue to the east. Even with some commercial uses, NS-G is considered by code to be a residential -oriented zoning district. NS-G also offers more variety in terms of land use and lot configuration than in single-family residential districts, as it requires a build -to zone and offers a limited number of commercial uses by -right. The location along Wedington makes some commercial activity appropriate and limiting the extent of the NS-G zoning to parcel 765-07377- 000 reduces the scope of the request. Placing RI-U zoning to south of that property allows for a gradual approach to the site, and provides potential walkable amenities to any new residential development that should come through in the portion zoned RI-U. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is primarily designated as a Residential Neighborhood Area, which encourages a wide variety of housing types and low -intensity non-residential uses intended to serve the surrounding neighborhood. Given the subject area's location along W. Wedington Drive, staff finds that the by -right, non-residential uses permitted in NS-G are aligned with the long-term land use designation for this area. Although the infill matrix score is low, staff finds that the area and its infrastructure can support future development. While a portion of the site is designated as a Natural Area, staff finds that there are regulations in place for protected streams, hydric soils, and floodplain that will limit the impact on natural resources associated with any future development. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 2-4 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response • Near Sewer Main (W. Wedington Dr. and through property) • Near Water Main (W. Wedington Dr.) • Near Paved Trail (Wedington Trail) DISCUSSION: At the November 22, 2021 Planning Commission meeting, a vote of 6-0-0 forwarded the request of NS-G, Neighborhood Services -General, and RI-U, Residential Intermediate -Urban, to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Sparkman seconded. Discussion largely centered on the compatibility with the development under construction to the east, and the proposal's consistency with future land use plans and goals. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2021-000076 Rezone request for NWA Close Up View CS R-A Subject Property Regional Link Trail (Proposed) Planning Area �- - - Fayetteville City Limits r, , L J WEDINGTON,DR -----' ----------_------------------- ProF Feet 0 75 150 300 450 600 1 inch = 200 feet Al RSF-4 NORTH Zoning Acres NS-G 0.6 RI-U 1.8 Total 2.4 RZN-2021-000076 EXHIBIT 'B' 765-07377-000 LEGAL DESCRIPTION: LOT 1, KJELDSEN'S SUBDIVISION, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN ON PLAT RECORD 1 AT PAGE 10 OF THE WASHINGTON COUNTY RECORDS, LESS AND EXCEPT THAT PORTION OF SAID LOT 1 DEEDED TO THE ARKANSAS STATE HIGHWAY COMMISSION BY WARRANTY DEED FILE 2005-37032 OF THE WASHINGTON COUNTY RECORDS, ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 PER PLAT RECORD 1 AT PAGE 10; THENCE ALONG THE EAST LINE OF SAID LOT 1, S02°27'11"W A DISTANCE OF 16.46 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND AHTD MONUMENT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 16 (WEST WEDINGTON DRIVE); THENCE CONTINUING S02°27'11"W A DISTANCE OF 283.54 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 AND A FOUND 5/8 INCH REBAR; THENCE LEAVING SAID EAST LINE AND ALONG THE SOUTH LINE OF SAID LOT 1, N87027114"W A DISTANCE OF 99.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1 AND A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF SAID LOT 1, N02026'43"E A DISTANCE OF 283.24 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 16 (WEST WEDINGTON DRIVE) AND A FOUND AHTD MONUMENT; THENCE LEAVING SAID WEST LINE AND ALONG SAID SOUTHERLY RIGHT OF WAY LINE, S87037'31"E A DISTANCE OF 99.74 FEET TO THE POINT OF BEGINNING, CONTAINING 0.65 ACRES (28,260 SQUARE FEET), MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS OR RESTRICTIVE COVENANTS OF RECORD OR FACT. rlo=I[.'�IL.!108181I; SURVEY DESCRIPTION: PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4), OF SECTION NINETEEN (11), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 11, SAID POINT BEING AN IRON PIN WITH CAP AS SHOWN ON PROPERTY LINE ADJUSTMENT AND TANDEM LOT SPLIT PLAT BY BLEW & ASSOCIATES, P.A., BUCKLEY D. BLEW, AR PLS 1532, SURVEY FILE 2018-8079 OF THE WASHINGTON COUNTY RECORDS; THENCE ALONG THE EAST LINE OF SAID NW 1/4 OF THE SE 1/4, N02024'54"E A DISTANCE OF 89.92 FEET TO THE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN WITH CAP "BLEW 1532"; THENCE LEAVING SAID EAST LINE, N78003'15"W A DISTANCE OF 261.28 FEET TO A SET IRON PIN WITH CAP "PLS 1156" AND THE POINT OF BEGINNING; THENCE N44042'26"W A DISTANCE OF 135.83 FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE N02026'43"E A DISTANCE OF 760.01 FEET TO A SET IRON PIN WITH CAP, "PLS 1156 TO THE SW CORNER OF LOT 1, KJELDSEN'S SUBDIVISION; THENCE ALONG SAID SOUTH LINE, S87027'14"E A DISTANCE OF 99.70 FEET TO A FOUND 5/8" REBAR AT THE SE CORNER OF KJELDSEN'S SUBDIVISION; THENCE LEAVING SAID SOUTH LINE S02°27'11"W A DISTANCE OF 852.20 FEET TO THE POINT OF BEGINNING, CONTAINING 1.84 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD OR FACT. CITY OF I FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Gretchen Harrison, Planner MEETING DATE: November 22, 2021 Updated with results from 11/22/21 PC hearing. SUBJECT: RZN-2021-000076: Rezone (5295 W. WEDINGTON RD./NWA CUSTOM HOMES, INC., 437): Submitted by HALL ESTILL LAW FIRM for properties located at 5295 W. WEDINGTON DR. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain 2 parcels with approximately 2.43 acres. The request is to rezone approximately 0.62 acres to NS-G, NEIGHBORHOOD SERVICES -GENERAL and approximately 1.81 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2021-000076 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000076 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in west Fayetteville on the south side of W. Wedington Drive about one mile west of N. Rupple Road. The subject property is a residential lot containing approximately 1.81 acres; is zoned R-A, Residential Agricultural; and currently has one single- family dwelling on site that was built in 1958. The property has about 100 feet of frontage along Wedington and is surrounded by low -density, residential and agricultural land, with the exception of the property to the east where subdivision construction is underway. The property to the east was rezoned to NS-G, Neighborhood Services -General, and RI-U, Residential Intermediate - Urban, last year with a Bill of Assurance. Surrounding land uses and zoning are listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential/Agricultural R-A, Residential -Ag ricultural South Single -Family Residential/Agricultural R-A, Residential -Ag ricultural East Single -Family Residential NS-G, Neighborhood Services -General; RI-U, Residential Intermediate -Urban; and R-A, Residential -Agricultural West Single -Family Residential/Agricultural R-A, Residential -Agricultural Request: The request is to rezone parcel 765-07377-000 from R-A, Residential -Agricultural, to NS-G, Neighborhood Services — General, and rezone parcel 765-16191-000 from R-A to RI-U, Residential Intermediate — Urban. Public Comment. Staff received one inquiry about this item from a neighboring property owner, but no public comment has been offered as of writing this report. INFRASTRUCTURE: Streets: The subject area has frontage along W. Wedington Drive. Wedington is a fully improved Regional Link street with asphalt paving, curb and gutter, and multi -use trail. Any street improvements required in these areas will be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at the time of development. Water: Public water is available to the subject area. An existing 18-inch water main is present on the south side of W. Wedington Avenue. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present running east and west across the middle of the subject property. An existing 12-inch sanitary sewer main is present running east and west across the south side of the subject property. Drainage: Any additional improvements or requirements for drainage will be determined at the time of development. Hydric soils and a protected stream are present on the property, and a portion of the property lies within a FEMA floodplain. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property, a statement from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Streamside Protection Zones generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50 feet wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. A floodplain development review will be required at the time of permit or plan submittal. This will restrict the type of development and impact in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 7, located at 835 N. Rupple Rd., protects this site. The property is located approximately 1.2 miles from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request Tree Preservation: The current zoning district, Residential -Agricultural, requires 25% minimum canopy preservation. The proposed zoning districts, Neighborhood Services — General and Residential Intermediate — Urban, require 20% and 15% minimum canopy preservation, respectively. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as a Residential Neighborhood Area and Natural Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multi -family, and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity, non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Natural Areas consist of lands approximating or reverting to wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation, or value as an environmental resource. A Natural Area designation should encourage a development patten that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates an average score of 2- 4 for this site with a weighted score of 3_5 at the highest level. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #7, 835 N. Rupple Road) • Near Water Main (W. Wedington Drive) • Near Sewer Main (W. Wedington Drive) • Near Paved Trail (W. Wedington Drive) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The subject property is largely surrounded by low - density, single-family, residential and agricultural land. However, the adjacent property to the east is currently being developed as a two-family residential subdivision with a commercial lot fronting W. Wedington Drive. Staff feels comfortable supporting the request given the long-term land use plans for the area, the compatibility with the adjacent property to the east, and the restrictions placed on development near protected streams, hydric soils, and floodplains. The subject area is located on a fully improved Regional Link street, W. Wedington Drive, which has a design service volume of 17,600 vehicles per day, leading staff to conclude that the existing infrastructure can absorb an increased vehicle load, particularly since the two nearest, most recent traffic counts indicate an average daily count of 11,000 near N. Pershing Street to the west and 15,000 near N. Broyles Avenue to the east. Even with some commercial uses, NS-G is considered by code to be a residential -oriented zoning district. NS-G also offers more variety in terms of land use and lot configuration than in single-family residential districts, as it requires a build -to zone and offers a limited number of commercial uses by -right. The location along Wedington makes some commercial activity appropriate and limiting the extent of the NS-G zoning to parcel 765-07377-000 reduces the scope of the request. Placing RI-U zoning to south of that property allows for a gradual approach to the site, and provides potential walkable amenities to any new residential development that should come through in the portion zoned RI-U. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is primarily designated as a Residential Neighborhood Area, which encourages a wide variety of housing types and low -intensity non-residential uses intended to serve the surrounding neighborhood. Given the subject area's location along W. Wedington Drive, staff finds that the by -right, non-residential uses permitted in NS-G are aligned with the long-term land use designation for this area. Although the infill matrix score is low, staff finds that the area and its infrastructure can support future development. While a portion of the site is designated as a Natural Area, staff finds that there are regulations in place for protected streams, hydric soils, and floodplain that will limit the impact on natural resources associated with any future development. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: With a current zoning designation of R-A and a future designation as a Residential Neighborhood Area, staff finds that the property is currently under -zoned. A combined rezoning to NS-G and RI-U would allow for an increase in density and help meet the long-term land use plans for the area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from R-A to NS-G and RI-U could increase traffic along W. Wedington Road. However, Wedington is a fully improved Neighborhood Link street with asphalt paving, off-street bike lanes, curb and gutter, and sidewalk along the property's frontage. Any traffic generated by future development on this site would be absorbed by the existing infrastructure. Given the limited size of the property and the number of units possible, staff does not believe that rezoning will appreciably increase traffic danger along Wedington. Any street improvements, if necessary, will be determined at the time of development review. Any non-residential uses on the site could also increase traffic in the area, but the by -right commercial uses permitted in NS-G are limited in nature. Staff also feels that placing an RW zoning district near NS-G will allow for potential walkability. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the subject area from R-A to NS-G and RW would increase the population density on the site. However, the property has adequate access to water, sewer, and other public services that would eliminate the need for costly extensions or limited services associated with development on the city's periphery. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000076 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: November 22, 2021 O Tabled ® Forwarded O Denied with a recommendation of approval. Motion: Belden Second: Sparkman Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 —District R-A, Residential -Agricultural o §161.12 — District RI-U, Residential Intermediate — Urban o §161.19 — NS-G, Neighborhood Services —General • Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half '/2 (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the front feet (zero lot line) is property line and a line 25 permitted on one interior feet from the front side, provided a property line. maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." HALL LSrTILL. ATTORNEYS AT LAW October 12, 2021 VIA PORTAL DELIVERY City of Fayetteville Planning Commission and Planning Department 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Rezoning of Parcels # 765-07377-000 & #765-16191-000 Dear To Whom It May Concern: Robert K.Rhoads 75 N. East Ave., Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 rrhoads@hallestill.com This letter is in regard to rezoning parcel 765-07377-000 from its current designation of R- A to NS-G and parcel number 765-16191-000 from R-A to RI-U. I represent the owners of said parcels. These properties are on the west side of Wedington Road. The adjacent property directly east of these two tracks were both recently rezoned NS-G and RI-U. Residential neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, row houses, multi -family and accessory dwelling units. The RI-U district is designed to pen -nit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible and in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. Further the NS-G district is considered to be in a line with future land use plans for this area and does offer the advantage of a build -to -zone and additional flexibility in uses as opposed to strictly residential single-family districts. Further by placing the RI-U behind or south of the NS-G zoning allows for a gradient approach to the site, and provides walkable amenities to any residential development that should come through. With the use of residential neighborhood design principles as well as RI-U zoning guidelines and NS-G guidelines we feel that the proposed rezoning is in line with future land use and very compatible to that use as well as the city's development goals and will not unreasonably effect or conflict in an adverse way the surrounding land uses. Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com City of Fayetteville Planning Commission and Planning Department October 12, 2021 Page 2 Sincerely yours, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. obert K. Rhoads RKR:slt 5040452.1:008683.00001 I hereby consent to have Robert K. Rhoads represent me in this request. I am the owner of parcel number 765-07337-000. NWA Custom Home By: Dakota Riggins I hereby consent to have Robert K. Rhoads represent me in this request. I am the owner of parcel number 765-16191-000. Riggin RZN-2021-000076 Rezone request for NWA Close Up View CS R-A Subject Property Regional Link Trail (Proposed) Planning Area �- - - Fayetteville City Limits r, , L J WEDINGTON,DR -----' ----------_------------------- ProF Feet 0 75 150 300 450 600 1 inch = 200 feet Al RSF-4 NORTH Zoning Acres NS-G 0.6 RI-U 1.8 Total 2.4 RZN-2021-000076 NWA Custom Homes Current Land Use A& NORTH W Single-Family Residential - Q i CO - l `n ` -- r WEDINGTONDR - i` Subject Property - Mixed Use Residential F- ,� Y �'Y Regional Link Neighborhood Link Trail (Proposed) Planning Area g Fayetteville City Limits Single Family Residential Feet 0 112.5 225 450 675 1 inch = 300 feet Single Family Residential Zone AE F '' 12�5.9 B Zone Zone AE �e �. ' � fo FEMA Flood Hazard Data too -Year Floodplain Floodway RZN-2021-000076 Future Land Use NWA Custom Homes NORTH w CANNONDALE _Z DR = , ----- co ---------------------Z LU IQ LU L a I Cl) I � I LC) - - - - - - - - - I `-------------------•..--...------ --- �W WEDINGTON,D------------�------------ ---------------------- Subject Property city Neighborhood I I I Residential 6. I Neighborhood I ' CLEVENGER-DR I i'gCKETT OR Regional Link Neighborhood Link Planning Area Fayetteville City Limits Trail (Proposed) Feet TUMBLEWEED ST Q I I z I � HOMESPUN DR CIO M City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood Rural Residential 1 inch = 400 feet Urban Center City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0983 Agenda Date: 1/4/2022 Version: 1 Status: Second Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.2 APPEAL RZN-2021-077 (SOUTH & EAST OF DOT TIPTON RD. & DOUBLE SPRINGS RD./SMALL FISH, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-077 LOCATED SOUTH AND EAST OF DOT TIPTON ROAD AND DOUBLE SPRINGS ROAD FOR APPROXIMATELY 39.88 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to RSF-2, Residential Single Family, 2 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 SMALL FISH P.O. Box 4794 Fayetteville, AR 72702 479.871.4835 To whom it may concern: November 29, 2021 We are requesting to re -zone the listed parcel at 6061 W Dot Tipton Road, Fayetteville, AR 72704 as well as connecting parcels 765-16202-150, 765-16202-600, 765-16202-500, 765-16202-550, 765-16202-450 and 765-20489-100 from their current zoning of R-A to RSF-2. This land sits inside the limits of the city of Fayetteville and is already surrounded by RSF-1, RSF- 2, RSF-4, RMF-6 and close proximity to RSF-8. It is currently an agricultural zone island inside city limits yet is already has 8" water and 8" sewer lines and city sewer life station all on site. This proposed RSF-2 zoning provides a suitable low density residential zoning that maintains the character of its surroundings and meets the council goal for this land area as specified in Plan 2040 that show this region to be designated as Residential Neighborhood area. We appreciate your consideration in this matter. Justin Cullers Owner, Small Fish, LLC CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 21, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jessie Masters, Development Review Manager Jonathan Curth, Development Services Director FROM: Ryan Umberger, Senior Planner DATE: December 3, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000077: Rezone (SOUTH & EAST OF DOT TIPTON RD. & DOUBLE SPRINGS RD./SMALL FISH, LLC., 474/475): Submitted by JUSTIN CULLERS for properties located SOUTH & EAST OF DOT TIPTON RD. & DOUBLE SPRINGS RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain approximately 39.88 acres. The request is to rezone the properties to RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE. RECOMMENDATION: The Planning Commission and City staff recommend denial of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject area includes seven parcels totaling approximately 39.88 acres. The area in question is located on the south side of W. Tipton Rd. near its intersection with N. Double Springs Rd. The subject properties are zoned R-A, Residential Agricultural and are currently undeveloped. A portion of the rezoning request is adjacent to Farmington City limits. Previous rezoning requests have been considered for the same group of properties. A 2008 Planned Zoning District request sought to construct 182 single-family dwelling units divided into three residential planning areas and include 3.5 acres of public pedestrian trails and green space. The overall proposed density for the project was 4.55 units per acre. Staff and the Planning Commission recommended denial, with the City Council ultimately approving the proposal. In 2015, the City Council reverted the property to its R-A designation once the PZD expired with no development. Another request, in 2020, sought to rezone the property to RSF-4, Residential Single-family, 4 Units per Acre. Staff and the Commission again recommended denial with commissioners citing concerns about density and the project's location on the outskirts of town. The 2020 request was not appealed to Council. Request: The request is to rezone the property from R-A, Residential Agriculture to RSF-2, Residential Single-family, 2 Units per Acre. The applicant did share a specific development intent but suggested the rezoning would serve as a suitable transition from the more densely zoned properties to the north. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Under State statute 14-56-306(B), a zoning map amendment that is proposed in one municipality on land adjoining the boundary of another municipality is subject to the consideration of both. The western portion of the subject property abuts Farmington's city limits. Accordingly, prior to recordation of an ordinance to rezone the subject property, it shall be considered and approved by the City of Farmington. Public Comment: Prior to the Planning Commission, staff received public comment in opposition to the requested rezoning. The neighbors' concerns centered around issues associated with increased density including traffic, drainage, and the loss of the rural character of the area. One specific drainage concern suggested that water draining from Dot Tipton Rd. to a pond on the subject property inundated homes during typical storm events. At the meeting two members of the public spoke with mixed opinions about the request. Speakers suggested they were partially supportive of the request based on a lot configuration provided at the meeting, provided that their concerns about exterior landscaping near property lines and drainage were addressed. Land Use Compatibility: Staff finds the request to be generally compatible with the adjoining land uses. This site, on the west side of Fayetteville, is surrounded by large rural residential lots and agricultural land at very low densities. Properties along N. Double Springs Rd. and to the east and west are composed of residential lots that are generally a few acres in size. The area is experiencing pressure for development and RSF-2 would likely result in lots that are of a size that is smaller but perhaps not significantly different than that of the surrounding properties. Staff acknowledges, though, that the total size of the area proposed to be rezoned may result in a lot configuration that is out of place with the immediately surrounding rural character of the area. Rezoning and development under the proposed density could result in a subdivision that may be appropriate at a later date, however, it is not supported by adequate levels of infrastructure or services currently. Land Use Plan Analysis: Staff has concerns that the rezoning does not align with several of the primary Goals of City Plan 2040. The request is not considered infill or revitalization and rezoning to RSF-2 is incompatible with aims to discourage suburban sprawl. The subject area is at the furthest west extent of city limits with little proximity to City services. Fayetteville's long-range plans discourage sprawl by supporting revitalization nearer to the urban center and by limiting growth on the edges of the city. The subject area lacks non-residential services and employment centers which would likely result in increased automobile dependence. This condition also contrasts the City's goal of growing a livable transportation network. Whereas other properties in the area are situated to connect to existing street grids, this site is only adjacent to W. Dot Tipton and N. Double Springs Roads, both of which are largely unimproved. Further, RSF-2 is restricted to single-family dwellings by -right which limits variety in housing stock and diminishing opportunities to create attainable housing. The subject area is designated as a Residential Neighborhood Area on the City's Future Land Use Map. Residential Neighborhood Areas are intended to support a wide variety of housing types of appropriate scale and context. Single-family zoning districts prohibit a mix of residential uses and densities including two-, three- , and four -family dwellings. Attainable housing is jeopardized by both the limitation of housing variety and the orientation toward vehicular travel. Given the considerations above, staff does not support the proposal, but finds that future development may be appropriate as services and amenities extend towards this portion of the City's periphery. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 0-3 for this site. The following elements of the matrix contribute to the score: • Near Park (Harmony Pointe Park) • Near Water Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) • Near Sewer Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) DISCUSSION: At the November 22, 2021 Planning Commission meeting, a vote of 2-4-0 failed to forward the request to City Council with a recommendation of approval. Commissioner Winston made the motion and Commissioner Sparkman seconded. Commissioners in favor of and opposed to the rezoning expressed mixed opinions about the request. Discussion involved the perceived compatibility with the neighboring property. Commissioners were generally cautious due to concerns with lack of nearby amenities, contribution to suburban sprawl and limited connectivity to prominent thoroughfares. Two members of the public spoke at the meeting as described above. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2021-000077 Close Up View RSF-4 i M it PUBLIC 1211 N C7 _Z R a RSF-2 N W .:J m I O a Small Fish, LLC Z -O Q } Q O 1� W W ILL w ? _ z 0 Q o m O N IRISH BEND DR v III DOT TIPTON'RD---­&— Subject Property Neighborhood Link Planned Neighborhood Link Feet ff Planned Residential Link - - ' Planning Area 0 145 290 580 870 1,160 �- - -� - - 1 inch = 400 feet �- - -i Fayetteville City Limits RSF-1 W a Wm 'R ■1 A& NORTH Residential -Agricultural RSF-1 RSF-2 RSF-4 RMF-6 Legal Description Parent Tract (Parcels # 765-16202-150, #765-16202-650. #765-16202-600, #765-16202-500 #765-16202-550. #765-16202-450 & #765-20489-100) YANtNI IKALI IYAKI FI07IM-IW.Y4rIX.qu,xiariv�u�vrv,nnm,u�w•irv�n�vriv��w�,w.niw�iv�vra�,���iw,,..•...,. 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TRACTf APARTOF111GSOMW57QUARTER Of 7HE HORTHW'ESTQUARTEROF SECTON 14,TOW'NSI TIP 16 h'ORTII,RANGE31WEST,WASHMGTONCDUNTY,ARRAN.9AS,IHNO MOREPhR11CGIARLY Of SINIB®AS FOI L0W5,T0 W'IT;BEGINNING AT APOIMWII(71f3 NRPIiW9 E SS,OP fROMSHE $OUMLAST CORNEROF$ADFORTY ACREiRACiAND RUM THENCE99 91fW7I33T, THENCEN0W08'JS"E IN12 TOTHECENTIRLME OF DOT HPTONROAD, GWNNCEALONG$AID CFMERLJNLN891R76"E70901',7F ENCELfAVR GRiDCBMERLINES00 087R'WS77dl',TNfNCEN89 S4'21"ESSI,BPTUAN VINGRERAkTHE1dCFS011'09"W 51S.9WT0111EPOIMOF BECIWNG, CDMAIMNG I1.1NACRES,MQRBORLESS.SUNKITOTHATPORTIONINDOTEUROADMASIERSIROE` MAN R10MgF•WAYONTHEN4IRIHSIDE OPREAfiNDFSCRIBEDTFACfAMISUBRCETOALLODIEWEASW MSANORKJVF•WAYOFRECOR➢, CITY OF i FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Ryan Umberger, Senior Planner MEETING DATE: November 22, 2021 SUBJECT: RZN-2021-000077: Rezone (SOUTH & EAST OF DOT TIPTON RD. & DOUBLE SPRINGS RD./SMALL FISH, LLC., 474/475): Submitted by JUSTIN CULLERS for properties located SOUTH & EAST OF DOT TIPTON RD. & DOUBLE SPRINGS RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contain approximately 39.88 acres. The request is to rezone the properties to RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE. RECOMMENDATION: Staff recommends denial of RZN-2021-000077. RECOMMENDED MOTION: "I move to deny RZN-2021-000077." BACKGROUND: The subject area includes seven parcels totaling approximately 39.88 acres. The area in question is located on the south side of W. Tipton Rd. near its intersection with N. Double Springs Rd. The subject properties are zoned R-A, Residential Agricultural and are currently undeveloped. A portion of the rezoning request is adjacent to Farmington City limits. Previous rezoning requests have been considered for the same group of properties. A 2008 Planned Zoning District request sought to construct 182 single-family dwelling units divided into three residential planning areas and include 3.5 acres of public pedestrian trails and green space. The overall proposed density for the project was 4.55 units per acre. Staff and the Planning Commission recommended denial, with the City Council ultimately approving the proposal. In 2015, the City Council reverted the property to its R-A designation once the PZD expired with no development. Another request, in 2020, sought to rezone the property to RSF-4, Residential Single-family, 4 Units per Acre. Staff and the Commission again recommended denial with commissioners citing concerns about density and the project's location on the outskirts of town. The 2020 request was not appealed to Council. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Large Lot Residential R-A, Residential Agricultural / RSF-1, Residential Single- family, 1 Units per Acre South Large Lot Residential RSF-1, Residential Single-family, 1 Units per Acre / RSF-2, Residential Single-family, 2 Units per Acre East Large Lot Residential RSF-1, Residential Single-family, 1 Units per Acre West Large Lot Residential RSF-1, Residential Single-family, 1 Units per Acre / Farmington City Limits Request: The request is to rezone the property from R-A, Residential Agriculture to RSF-2, Residential Single-family, 2 Units per Acre. The applicant did share a specific development intent but suggested the rezoning would serve as a suitable transition from the more densely zoned properties to the north. Under State statute 14-56-306(B), a zoning map amendment that is proposed in one municipality on land adjoining the boundary of another municipality is subject to the consideration of both. The western portion of the subject property abuts Farmington's city limits. Accordingly, prior to recordation of an ordinance to rezone the subject property, it shall be considered and approved by the City of Farmington. Public Comment: Staff has received public comment in opposition to the requested rezoning. The neighbors' concerns center around issues associated with increased density including traffic, drainage, and the loss of the rural character of the area. A specific drainage concern suggested that water draining from Dot Tipton Rd. to a pond on the subject property inundated homes during typical storm events. INFRASTRUCTURE: Streets: The subject area has frontage onto W. Dot Tipton Rd. and about 180 feet of frontage along N. Double Springs Rd. Both streets are partially improved Residential Link streets with asphalt paving and open ditches. Additionally, the property is bisected both north -south and east -west by Master Street Plan planned streets, but no plans exist to construct these connections. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 8-inch water main is present on the south side of W. Dot Tipton Road and continues south through the subject property. An existing 8-inch water main is present along N. Double Springs Road on the west side. An existing 6-inch water main is available on the south side of parcel 765-20489-100 at the end of a private road on parcel number 765- 16225-400. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present on the south side of W. Dot Tipton Road and continues south through the subject property. Fire: Station 7, located at 835 N. Rupple, protects the site. The property is located approximately 2.7 miles from the fire station with an anticipated drive time of approximately 7 minutes using existing streets. The anticipated response time would be approximately 9.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property is within the Hillside -Hilltop Overlay District or FEMA floodplain. There are no protected streams on the property. Hydric soils appear to be present on portions of the subject area. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It is important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Tree Preservation: The proposed RSF-2, Residential Single-family, 2 Units per Acre requires 20% minimum canopy preservation. The current zoning districts, R-A, Residential Agricultural requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood areas encourage highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 0 and 3 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 3. The following elements of the matrix contribute to the score: • Near Park (Harmony Pointe Park) • Near Water Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) • Near Sewer Main (N. Double Springs Rd. and south of W. Dot Tipton Rd.) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the request to be generally compatible with the adjoining land uses. This site, on the west side of Fayetteville, is surrounded by large rural residential lots and agricultural land at very low densities. Properties along N. Double Springs Rd. and to the east and west are composed of residential lots that are generally a few acres in size. The area is experiencing pressure for development and RSF-2 would likely result in lots that are of a size that is smaller but perhaps not significantly different than that of the surrounding properties. Staff acknowledges, though, that the total size of the area proposed to be rezoned may result in a lot configuration that is out of place with the immediately surrounding rural character of the area. Rezoning and development under the proposed density could result in a subdivision that may be appropriate at a later date, however, it is not supported by adequate levels of infrastructure or services currently. Land Use Plan Analysis: Staff has concerns that the rezoning does not align with several of the primary Goals of City Plan 2040. The request is not considered infill or revitalization and rezoning to RSF-2 is incompatible with aims to discourage suburban sprawl. The subject area is at the furthest west extent of city limits with little proximity to City services. Fayetteville's long- range plans discourage sprawl by supporting revitalization nearer to the urban center and by limiting growth on the edges of the city. The subject area lacks non-residential services and employment centers which would likely result in increased automobile dependence. This condition also contrasts the City's goal of growing a livable transportation network. Whereas other properties in the area are situated to connect to existing street grids, this site is only adjacent to W. Dot Tipton and N. Double Springs Roads, both of which are largely unimproved. Further, RSF-2 is restricted to single-family dwellings by -right which limits variety in housing stock and diminishing opportunities to create attainable housing. The subject area is designated as a Residential Neighborhood Area on the City's Future Land Use Map. Residential Neighborhood Areas are intended to support a wide variety of housing types of appropriate scale and context. Single-family zoning districts prohibit a mix of residential uses and densities including two-, three-, and four -family dwellings. Attainable housing is jeopardized by both the limitation of housing variety and the orientation toward vehicular travel. Given the considerations above, staff does not support the proposal, but finds that future development may be appropriate as services and amenities extend towards this portion of the City's periphery. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is not sufficient justification for rezoning the property to RSF-2. Conflicts with the Future Land Use Map and City Plan 2040's goals suggest that a rezoning is not justified at this time. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from R-A to RSF-2 may appreciably increase traffic to this location due to the number of vehicle trips associated with increased residential uses. The area lacks a diverse transportation network as there is no sidewalk or trail connectivity and the main routes to and from the property are along streets that are largely unimproved. Double Springs Road, which would likely facilitate most regional traffic, can support volumes up to 6,000 vehicle trips per day according to the Master Street Plan. In 2016, ArDOT recorded approximately 3,900 AADT about a half -mile north of the site. Staff finds traffic issues may be compounded given that future residents will need to utilize vehicle travel for most goods and services. Development of the area may improve internal connectivity though. The Master Street Plan shows a planned Neighborhood Link and Residential Link to intersect in the middle of the property. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to RSF-2 will lead to an increased density over the current R-A zoning. Adequate water and sanitary sewer services exist on - site which would support a residential development. The property lies within the Farmington School District. Farmington Schools have not provided comment. In terms of emergency service, the Fire Department has commented that this property is beyond the response time goal for both engines and ladder trucks. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: Staff finds the development proposal to be premature considering the context of the surrounding area. Staff acknowledges development along Double Springs Rd. will eventually be appropriate but cannot be accommodated with the current level of services and amenities. RECOMMENDATION: Planning staff recommends denial of RZN-2021-000077. PLANNING COMMISSION ACTION: Required YES Date: November 22, 2021 O Tabled O Forwarded O Denied Notion: (Second: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 - District R-A, Residential -Agricultural o §161.07 - District RSF-2, Residential Single -Family - Two (2) Units Per Acre • Request letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.03 - District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Unit 36 Outdoor Music Establishments Wireless communications facilities Clean technologies Unit 42 (C) Density. Units per acre One-half ('/z) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 12 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17 161.06 District RSF-2, Residential Single -Family — Two (2) Units Per Acre (A) Purpose. To provide a single-family dwelling transition zone between single-family neighborhoods that have developed with larger lot sizes (1 acre and over) and areas that have developed with smaller lot sizes (8,000 square feet), and to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (C) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (D) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (E) Density Units per acre 1 2 (F) Bulk and Area Regulations. Lot width minimum 100 feet Lot area minimum 17,860 square feet Land area per dwelling unit 17,860 square feet (G) Setback Requirements. Front Side Rear 30 feet 15 feet 30 feet (H) Building Height Regulations. Building Height Maximum 1 3 stories (1) Building Area. None. (Code 1991, §160.045; Ord. No. 3792, §4, 5-17-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." S � ' A Z 2 H� NORTHWEST 9GCt A R N . ��o �� off OUIL010 • 0 Ladies and Gentlemen of the Planning Commission, We are requesting a rezoning for the submitted property from its current zoning of R-A to RSF- 2. Though this property sits toward the outer limits of Fayetteville its current zoning has created an island in the city. As it sits, it is surrounded by more dense zonings including RSF-1 to the East, Southeast and West, RSF-2 adjacent to the South, and RSF-4 and RMF-6 to the North and Northwest. We feel that the RSF-2 rezoning would both serve as a suitable and natural transition from the more dense zonings to the North and the make the property more congruent with its surroundings. Sincerely, Justin Cullers Small Fish, LLC Umberger, Ryan To: Planning Shared Subject: RE: Dot Tipton Rd -----Original Message ----- From: Alison Ashworth [mailto:aashworth@sdale.org] Sent: Sunday, November 07, 2021 1:11 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Dot Tipton Rd CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern: Please consider my request to vote NO on the planned subdivision proposal on Dot Tipton Road in Fayetteville. The west side of Fayetteville is being inundated with new developments but our current infrastructure does not support the increased number of people. I would welcome a discussion to use this area for something other than more homes! I Concerned citizen, Alison Ashworth Sent from my Whone Umberger, Ryan To: Planning Shared Subject: RE: Opposition of Rezoning RA to RSF-2 From: Karee Dowty [mailto:kareedowty@gmail.com] Sent: Saturday, November 06, 2021 10:54 AM To: Planning Shared <planning@favetteville-ar.gov> Subject: Opposition of Rezoning RA to RSF-2 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Members of the City of Fayetteville Planning Division, My name is Karee Dowty and I am writing to let you know of my strong opposition to the rezoning of the 40 acres on Dot Tipton Road from RA to RSF-2. Just last year, another developer tried to have this land rezoned to RSF-4 and I hope the committee's opinion has not changed since then. If I recall correctly, during last September's meeting, you stated this was outside of the "mayor's box" and therefore would not be approved for development as there are plenty of areas available for development closer to town. More importantly to myself and my neighbors, is the strain that an additional 80 houses would put on this area. If you will take the time to drive out to this area and see where the property is located you will see that the tiny country road cannot possibly handle the addition of 80 homes and at least 160 more cars traveling on it daily. It is not wide enough in many areas for 2 cars to safely pass at the same time. Also, development of this land will create a drainage problem for the 4-5 landowners whose property backs up to this land. We are concerned about the traffic, sewage, storm water runoff, and many other infrastructural issues. In addition to these issues, there is the concern for our environment, many animals call that 40 acres home. How is Fayetteville supposed to "stay funky" if we keep turning all these beautiful areas that make us so unique into more subdivisions? I'm not opposed to growth, but this area isn't right for it. Thank you for taking the time to read my email and I hope you will listen to the residents who already live in this area. We all moved here because we wanted to live in a rural area, we do not want it developed and it should not be done. Umberger, Ryan To: Planning Shared Subject: RE: Dot Tipton -----Original Message ----- From: Kristal Joy Wyatt [mailto:kjwyatt7@rocketmail.com] Sent: Sunday, November 07, 2021 11:24 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Dot Tipton CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please do NOT allow tract housing Double springs & Dot Tipton !! So many reasons Please. I am registered voter ! Kristal joy 479-301-6760 www.ewatkinsjr.com www.gingerdoss.com Music That Makes You Better Umberger, Ryan To: Planning Shared Subject: RE: Regarding rezoning on double springs From: Matthew CarlsonfmaiIto:MatthewHCarlson@outlook.com Sent: Sunday, November 07, 2021 12:46 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Regarding rezoning on double springs CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I live at 6087 w. Irish bend drive. I received a letter that the vacant lot adjacent to my property was up for a rezoning vote to increase the number of houses per acre from 4 to 8. I am writing to express my disagreement with this rezoning. First and foremost, parking will be an issue. My neighborhood has very quiet, wide streets with street parking. The new developments that are being built all have narrow "no parking" streets. I don't need people in a high density housing development parking in front of my house, delaying my mail delivery, crowding the street, and increasing traffic on my quiet residential street. The city council allowed two new subdivisions to be built. Neither one has street parking, and neither one has adequate parking. If you go down Sabine Pass into the new subdivision, the drive ways are not long enough to accommodate a pickup truck. Cars are constantly blocking the sidewalk and protruding into the street. I worry that those in the new development will use my street as a parking lot. My POA has rules against repeated street parking but they are only enforceable against residents. Second, traffic is already a major concern. Wedington and MLK are both parking lots as it is, persimmon is a raceway, and 54th is too narrow as it is. The streets couldn't handle 160+ more cars on them every day. We already have trouble with cars using Persimmon as a through street and speeding. The speed limit is never enforced by our police. I have never once seen a traffic stop in our neighborhood and the city has failed to address our concerns regarding speeding on persimmon. I am concerned that my quiet, dead end street will soon become a dangerous shortcut through the neighborhood. At the very least, I would prefer if Irish Bend remained a dead end street to reduce traffic in our neighborhood and encourage the use of main streets rather than residential streets. Last, I am extremely concerned about crime. We live in a safe, quiet neighborhood. I don't need a high density housing development turning my street into the next Betty Jo. I want to know what the city's plan is to reduce response time, increase patrols, and address the increase in crime that is sure to come with this kind of housing. I am concerned that this new development will destroy the quaint, quiet character that we love about our neighborhood. I also worry about the open space being over -developed. There are currently a lot of wildlife that occupy the field. There are eight deer that bed in the tree line and occupy the field every single morning and afternoon that would be uprooted. There are also armadillo, racoons, and opossum. In addition, Killdeer birds use the gravel in the field as nests. I worry that if this area is developed at 8 houses per acre, the wildlife that depends on that open space will be uprooted. I am looking forward to your responses, and I ask that the city council please vote against the rezoning and keep the current 4 homes per acre. Thanks, Matthew Carlson Get Outlook for Android Umberger, Ryan To: Curth, Jonathan Subject: RE: Roads and traffic From: Tracy Bacile [mailto:tracybacile@gmail.com] Sent: Monday, November 08, 2021 5:41 PM To: Planning Shared <planning@favetteville-ar.gov> Subject: Roads and traffic CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. How will the planning commission handle the added traffic for Double Springs, Sellers road, 54th Street and Broyles Road as all of us try to get on hwy 62 and 64 bypass access? Are you planning to add turn lanes and shoulders on these roads? Also, there is a plan to allow 80 single family homes on Dot Tipton. On the corners, this is a gravel one lane road. How are you fixing that since there are homes right on the road? Seems like the city needs to thing about and fix the roads before approving this many more vehicles on congested roads. RZN-2021-000077 One Mile View - Neighborhood Link 1 ■ Planned Neighborhood Link ff Planned Residential Link - - - Trail (Proposed) Fayetteville City Limits Planning Area 0 Now CIO a _Z R (L U) w J - _ Plai 0 Fay -� Small Fish, LLC 0.125 RSF-2 0.25 NORTH WE 0.5 Miles RSF-8 PERSIM Subject Property ■ ■ ■ ■ ■ ■ ■ ■ 1 RSF-1 zoning General Inau - RESIDENTIAL SINGLE-FAMILY E%T12 RACTION RI-U COMMERCIAL RI-12 Resitlenfiel-Office �NSL �ResitlenYel-AgnculWrel =C-2 F. RSF-1 FORM BASED DISTRICTS RSF-2 Gownrown Core R. UMan Tborough— RSF-1 Main Street Center R. Oownrown General RSF-18 --nit, Services RESIDENTIAL MULTWAMILY Neigbb.ffi- Services RMFL NeigbborM1oW Con—t.n F-12 PLANNED ZONING DISTRICTS RMF-15 = Commercial, Intlastrial. Res d-.1 RMF"2I INSTITUTIONAL �-11 _P1 INDUSTRIAL 11 He C.—rual antl Light Intlastrial RZN-2021-000077 Close Up View RSF-4 i M it PUBLIC 1211 N C7 _Z R a RSF-2 N W .:J m I O a Small Fish, LLC Z -O Q } Q O 1� W W ILL w ? _ z 0 Q o m O N IRISH BEND DR v III DOT TIPTON'RD---­&— Subject Property Neighborhood Link Planned Neighborhood Link Feet ff Planned Residential Link - - ' Planning Area 0 145 290 580 870 1,160 �- - -� - - 1 inch = 400 feet �- - -i Fayetteville City Limits RSF-1 W a Wm 'R ■1 A& NORTH Residential -Agricultural RSF-1 RSF-2 RSF-4 RMF-6 FEMA Flood Hazard Data Neighborhood Link 100-Year Floodplain Planned Neighborhood Link Feet Floodway ■ ■ i Planned Residential Link 0 180 360 720 1,080 1,440 � 'Planning Area 1 inch = 500 feet L _ _ j Fayetteville City Limits RZN-2021-000077 Small Fish, LLC Future Land Use NORTH 1 Q ; �Q Z J U) Q rx W 0 LIMERICK�WAY v co cn W O CD I � O w IIO ir Q ~ z LL wL _ N m OJ PUBLIC 1211 Q --IRISH BEND DR U I Subject Property {� Residential I Neighborhood Iui .:J m Neighborhood Link Planned Neighborhood Link ■ ■ Planned Residential Link I_ _ _i Planning Area i_ _ _i Fayetteville City Limits Feet 0 145 290 580 DOT-TIPTON'RD ■ ■ ■ ■ ■ ■ ■ ■ ■ 870 1,160 1 inch = 400 feet City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1021 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 P & K EQUIPMENT WEIDENMANN SUPER 600: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE PURCHASE OF A WEIDENMANN SUPER 600 FROM P&K EQUIPMENT IN THE AMOUNT OF $42,500.00 PLUS APPLICABLE TAXES WHEREAS, during staff s research to find a verticutter to maintain the City's Bermuda athletic field turf, it was determined that only the Weidenmann Super 600 has the size and capabilities to adequately handle the work. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby finds the above circumstances make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive bidding and approves the purchase of a Weidenmann Super 600 from P&K Equipment in the amount of $42,500.00 (plus any applicable taxes). City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Sara Combs Submitted By City of Fayetteville Staff Review Form 2021-1021 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/15/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: An ordinance waiving the requirements of formal competitive bidding for the purchase of a Weidenmann Super 600 in the discounted amount of $42,500 through P & K Equipment of Springdale, AR. Budget Impact: 9700.770.1920-5802.00 Shop Account Number Fund 02080.2022 Other Vehicles/ Equipment Project Number Project Title Budgeted Item? Yes Current Budget $ 457,500.00 Funds Obligated $ 16,590.00 Current Balance I $ 440,910.00 Does item have a cost? Yes Item Cost $ 42,500.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 398,410.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS W MEETING OF JANUARY 4, 2022 TO: Mayor and City Council THRU: Terry Gulley, Public Works Assistant Director FROM: Sara Combs, Fleet Operations Superintendent DATE: December 15, 2021 CITY COUNCIL MEMO SUBJECT: Purchase of a heavy-duty sweeper and mower RECOMMENDATION: An ordinance waiving the requirements of formal competitive bidding for the purchase of a Weidenmann Super 600 in the discounted amount of $42,500 through P & K Equipment of Springdale, AR. BACKGROUND: A Weidenmann Super 600 is a heavy-duty verticutter, turf sweeper, and mower in one machine. During our research to find a verticutter to adequately maintain our Bermuda athletic field turf, we could not find another comparable item that was of similar size, nor that could perform the multiple duties this item can. This item is an attachment that is able to not only verticut, but also fraise and flail mow and collect the clippings, as well as other debris. There are many other types of attachments that can verticut, mow or sweep, but this is the only item that can perform all duties with a 5.9 cubic yard hopper. DISCUSSION: This purchase is one of the approved 2022 expansion requests. There are no other like items in the City currently. Fleet recommends an ordinance waiving the requirements of formal competitive bidding for the purchase of a Weidenmann Super 600 in the discounted amount of $42,500 through P & K Equipment of Springdale, AR. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted for this purchase. This item was presented to the December 1411, 2021 Equipment Committee. Attachments: Quote Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 aJOHN DEERE Quote Id: 25723608 Prepared For: CITY OF FAYETTEVILLE TRANSPORT Prepared By: Brad Wright P & K Equipment, Inc. 907 West Henri De Tonti Blvd Springdale, AR 72762 Tel: 479-306-4020 Fax: 479-306-4015 Email: bwright@pkequipment.com ,PK E Q U I P M E N T OJOHN DEERE Date: 06 December 2021 Confidential Offer Expires: 30 December 2021 aJOHN DEERE ,PK E Q U I P M E N T OJOHN DEERE Quote Summary Prepared For: Prepared By: CITY OF FAYETTEVILLE TRANSPORT Brad Wright 1525 S HAPPY HOLLOW RD P & K Equipment, Inc. FAYETTEVILLE, AR 72701 907 West Henri De Tonti Blvd Business: 479-444-3494 Springdale, AR 72762 Phone: 479-306-4020 bwright@pkequipment.com Thank you - we appreciate your business! Quote Id: 25723608 Created On: 06 December 2021 Priceslisted includeall applicable bonuses&rebates. Last Modified On: 06 December 2021 Expiration Date: 30 December 2021 WARRANTY INFORMATION: FORNEW EQUIPMENT, PLEASESEETHE MANUFACTUFERSWARRANTYSTATEMENT FORDETAILS. FORUSED EQUIPMENT, EQUIPMENT IS SOLD "AS IS' WITH NO WAFPANTI ES EITHER DCPRESSBD OR I M PLI ED. By signing below, the customer acknowledges that he/she has received a copy of the operator's manual for new equipment. Equipment Summary Selling Price Qty Extended WIEDENMANN SUPER 600 $ 42,500.00 X 1 = $ 42,500.00 Equipment Total $ 42,500.00 Quote Summary Equipment Total $ 42,500.00 SubTotal $ 42,500.00 Est. Service Agreement Tax $ 0.00 Total $ 42,500.00 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 42,500.00 Salesperson : X Accepted By : X Confidential aJOHN DEERF Selling Equipment Quote Id: 25723608 Customer: CITY OF FAYETTEVILLE TRANSPORT WIEDENMANN SUPER 600 Hours: 0 Stock Number: Code Description 1 WIEDENMANN SUPER 600 PT#2750043 om Freight Other Charges Total Suggested Price -A Cu Customer Discounts Total ,PK E Q U I P M E N T OJOHN DEERE Selling Price $ 42,500.00 Qty Unit Extended 1 $ 47,000.00 $ 47,000.00 Other Charaes 1 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 48,500.00 s $-6,000.00 $-6,000.00 Confidential City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1027 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.2 RPZD-2021-005 (1032 S. RAZORBACK RD./THE RETREAT AT FAYETTEVILLE): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED R-PZD 2021-0005 FOR APPROXIMATELY 13.65 ACRES LOCATED AT 1032 SOUTH RAZORBACK ROAD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves R-PZD 2021-0005 as described in Exhibits "A", `B", and "C" attached to the Planning Division's Agenda Memo which allows the development of 10.04 acres for 16 multi -family units and 3.61 acres for tree preservation, detention, and outdoor recreation. Section 2: This C-PZD approval is subject to the following conditions as set forth in Exhibit "C": 1. Revise the PZD booklet and plans to clarify the acreage for each planning area. 2. Parkland dedication must be reviewed by the Parks and Recreation Advisory Board with the associated development. 3. Any proposed lots without frontage shall provide adequate access for water, sewer, and emergency services. 4. Proposed streets shall meet minimum 2040 Master Street Plan requirements for Residential Link Streets; additional variances may be needed for alternative street sections. 5. Proposed fire apparatus access roads shall meet requirements as stated by the applicable fire codes. 6. A traffic impact study (TIS) shall be provided at the time of development proposal. 7. A statement from an environmental professional regarding the presence of wetlands must be provided at the time of development proposal. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 File Number: 2021-1027 Section 3: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning criteria change provided in Section 1 above. City of Fayetteville, Arkansas Page 2 Printed on 1212912021 City of Fayetteville Staff Review Form 2021-1027 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 12/17/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RPZD-2021-000005: Residential Planned Zoning District (1032 S. RAZORBACK RD./THE RETREAT AT FAYETTEVILLE, 560): Submitted by BATES & ASSOCIATES, INC. for property located at 1032 S. RAZORBACK RD. The property is zoned 1-1, LIGHT INDUSTRIAL & HEAVY COMMERCIAL and contains approximately 13.65 acres. The request is to rezone the properties to RPZD, RESIDENTIAL PLANNED ZONING DISTRICT. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: December 17, 2021 CITY COUNCIL MEMO SUBJECT: RPZD-2021-000005: Residential Planned Zoning District (1032 S. RAZORBACK RD./THE RETREAT AT FAYETTEVILLE, 560): Submitted by BATES & ASSOCIATES, INC. for property located at 1032 S. RAZORBACK RD. The property is zoned 1-1, LIGHT INDUSTRIAL & HEAVY COMMERCIAL and contains approximately 13.65 acres. The request is to rezone the properties to RPZD, RESIDENTIAL PLANNED ZONING DISTRICT. RECOMMENDATION: City staff and Planning Commission recommend approval of RPZD-2021-000004 as shown in the attached Exhibits `A', `B', and `C'. Upon further consideration of the language in Exhibit `C' staff proposes amending the language of condition #7 to, "A statement from an environmental professional regarding the presence of wetlands will be evaluated at the time of a development proposal." in order to more accurately reflect the condition of hydric soils on site. BACKGROUND: The subject property is in south Fayetteville, east of Razorback Road, and roughly 800 feet south of its intersection with W. Martin Luther King Jr. Boulevard. The subject property is composed of two parcels that encompass approximately 13.65 acres. The site is largely undeveloped with the exception of a large storage building near its frontage. The Santa Fe Pacific Corporation has a railroad that runs through the southwest corner of the property. Significant vegetation is present throughout most of the site with the exception of the area developed with the storage facility and where overhead power lines are present near the southeast corner of the property. In addition to the tree canopy, the area is on the west slope of a hill where grades exceed 14%. Roughly 2.7 acres of the property fall within the Hilltop Hillside Overlay District, largely near the crest of the hill. Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District with two planning areas, described as follows: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Planning Area #1 — 10.04 acres: This planning area is intended for multi -family residential development. The area would be developed with 16 multi -family buildings, a clubhouse/leasing office, and four story parking structure. A total of 142 units are proposed to be located on 10.04 acres for a total density of 10.4 units per acre. Use Units 1 — City- wide uses by right, 12a — Limited business, 12b — General business, and 26 Multi -family dwellings are permitted by -right, Use Unit 2 — City-wide uses by conditional use permit is allowed by conditional use permit. Setbacks include a front build -to zone 0-25 feet inside front property lines, side setbacks of 8 feet, and rear setbacks of 10 feet. The applicant proposes bulk and area regulations including a lot width minimum of 70 feet, lot area minimum of 7,000 square feet, and 4,000 square feet of land area per dwelling unit. Also proposed is a maximum building height of five stories with stepback requirements that limit portions of the building within 10 feet of the public right-of-way to two stories and portions 10-20 feet to three stories. Buildings cannot exceed 50% of the total lot area, not including driveways or paving. Planning Area #2 — 3.61 acres: This planning area is intended to be designated for tree preservation, detention, and outdoor recreation. Use Unit 1 is the only by -right use proposed and Use Unit 2 would be permitted by conditional use permit. Setbacks are proposed to be 35 feet for front property lines, 20 feet on the sides, and 35 feet in the rear. Structures in Planning Area 2 are limited to 25 feet in height and buildings cannot exceed 50% of the total lot area, not including driveways or paving. The stated purpose of the request is to allow for the development of five -bedroom units to meet the market demands for the development while minimizing impact to the site. Land Use Compatibility: Staff finds that the proposal is generally compatible with surrounding land uses. The area is largely undeveloped to the north and south of the property with the exception of a university -owned parking lot. Multi -family residences flank the subject area to the east and west, though there is a major thoroughfare and significant terrain between those developments. Roughly 2.7 acres of the subject property falls within the Hillside Hilltop Overlay District (HHOD) which indicates a level of sensitivity should be maintained as the site is developed. Accordingly, the applicant proposes tree preservation areas for areas along the east and south property lines, where much of the HHOD is present. To the east a stub out of W. Stadium Drive extends to the property line which the applicant proposes to tie into and create a connection to S. Razorback Road. A 10-foot-wide side -path trail is present along the property's frontage which connects to the Tsa-La-Gi trail, providing access to the regional trail network. Bus stops for both transit operators are located within a '/2 mile of the subject property which would allow future residents to access the city by non -vehicular means. Land Use Plan Analysis: Staff finds that the request is mostly consistent with the Future Land Use Map designation for the area and the City's adopted land use policies. The Future Land Use Map (FLUM) designates the area as a City Neighborhood Area which encourage dense, mixed -use development. Though the Planned Zoning District would only allow residential uses by -right, the property's proximity to the University of Arkansas and businesses along W. Martin Luther King Jr. Boulevard support staff's opinion that dense residential development is appropriate at this location. When considering if the development meets the goals in City Plan 2040 staff finds the proposal to be mixed. The infill score for this site is moderate to high, which is consistent with Goal #1 in City Plan 2040 which is to make infill development a priority. Conversely, the lack of integrated commercial or mixed use planning areas run counter to Goal #3, to make compact and connected development the standard. Staff finds, though, the absence of mixed uses in this case is largely offset by the proximity to the existing commercial development along W. Martin Luther King Jr. Boulevard. Regarding the Enduring Green Network, no part of this property falls within the designation. That being said, the PZD zoning includes a higher standard for tree preservation that the existing industrial designation. Combined with the HHOD, portions of this property will be required to preserve up to 30% tree canopy where currently only 15% is required outside of the HHOD. On the balance of considerations, staff finds the proposed PZD to be compatible and consistent with existing land uses and adopted land use plans. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from 5-9. The elements vary by the area of the property being considered, and include the following: • Adequate Fire Response • Near Sanitary Sewer Main (8-inch main along S. Razorback Road) • Near Water Main (8-inch main along S. Razorback Road & 6-inch main along W. Stadium Drive) • Near Public School (Fayetteville High School) • Near Paved Trail (Tsa-La-Gi Trail) • Near Public Park (World Peace Wetland Prairie) • Near Razorback Bus Stop (Route 48) • Near ORT Bus Stop (Route 20) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the November 8, 2021 Planning Commission meeting, the item was tabled by the Planning Commission until the meeting scheduled for November 22nd. Commissioners requested that the applicant revise the PZD packet to provide more details on building elevations and the parking deck, along with elements that may create a more compatible request. In the intervening time the applicant included additional detail on architectural features, by -right non-residential uses in Planning Area 1, on -site amenities for residents. At the November 22, 2021 Planning Commission meeting, the item was tabled by the Planning Commission until the meeting scheduled for December 13th. Commissioners requested that the applicant revise the PZD packet to provide elevations for the clubhouse/parking deck, detail on the proposal's amenities, topography and retaining wall locations/height, additional variation in housing types, and integration of non-residential uses. The applicant revised the document to include revised elevations and the location of retaining walls on the plat. At the December 13, 2021 Planning Commission meeting voted to forward the item to City Council with a recommendation of approval with a vote of 8-0-0. Commissioner Belden made the motion and Commissioner Garlock seconded. Commissioners appreciated the incorporation of commercial uses into the development and suggested the revised elevations ensured the development met a PZD consideration for good civic design and efficiency. No public comment was offered at each of the three Planning Commission meetings. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C • City Attorney's Memo • Planning Commission Staff Report with RPZD Booklet 0 LEGAL DESCRIPTION: PARCEL #765-14830-000 & PORTION OF PARCEL #765-14833-000 EAST OF THE RAILROAD RIGHT- OF-WAY: A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87°22'50"W 1318.36', THENCE S02°44'10"W 531.02', THENCE S87°22'50"E 60.56' TO A POINT ON THE EAST RIGHT-OF-WAY OF HIGHWAY #112, AS PER THE AHTD RIGHT-OF-WAY PLANS FOR JOB #040399, MARKING THE TRUE POINT OF BEGINNING, AND RUNNING THENCE S87°22'50"E 762.80' TO AN EXISTING REBAR, THENCE S02°39'40"W 787.15' TO AN EXISTING REBAR, THENCE N87°28'50"W 597.01' TO A POINT ON THE EAST RIGHT- OF-WAY OF THE SANTA FE PACIFIC CORPORATION RAILROAD RIGHT-OF-WAY, AS PER A WARRANTY DEED FILED IN BOOK 100 AT PAGES 22-24 IN THE RECORDS OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, THENCE ALONG SAID EAST RIGHT-OF-WAY THE FOLLOWING: N32°13'50"W 34.98', ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1091.65' FOR A CHORD BEARING AND DISTANCE OF N23°22'53"W 271.42', N15°26'03"W 170.52', ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1207.16' FOR A CHORD BEARING AND DISTANCE OF N16°46'11"W 85.68' TO AN EXISTING AHTD ALUMINUM RIGHT-OF-WAY MONUMENT AT THE INTERSECTION OF SAID EAST RAILROAD RIGHT-OF-WAY AND THE EAST RIGHT-OF-WAY OF SAID HIGHWAY #112, THENCE LEAVING SAID EAST RAILROAD RIGHT-OF-WAY ALONG SAID EAST HIGHWAY RIGHT-OF-WAY THE FOLLOWING: N26°54'19"E 93.76' TO AN EXISTING AHTD ALUMINUM RIGHT-OF-WAY MONUMENT, N13°55'39"E 96.41' TO AN EXISTING AHTD ALUMINUM RIGHT-OF-WAY MONUMENT, N01°07'29"E 92.63' TO THE POINT OF BEGINNING, CONTAINING 13.40 ACRES, MORE OR LESS. AND ALSO: THE PORTION OF PARCEL #765-14833-000 LYING WEST OF THE RIGHT-OF-WAY OF THE SANTA FE PACIFIC CORPORATION RAILROAD, BEING A PART OF A SIX ACRE TRACT IN THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87°22'50"W 1318.36', THENCE S02°44'10"W 531.02', THENCE S87°22'50"E 823.36' TO AN EXISTING REBAR, THENCE S02°39'40"W 787.15' TO AN EXISTING REBAR, THENCE N87°28'50"W 717.08' TO A POINT ON THE WEST RIGHT-OF-WAY OF THE SANTA FE PACIFIC CORPORATION RAILROAD RIGHT-OF-WAY, AS PER A WARRANTY DEED FILED IN BOOK 100 AT PAGES 22-24 IN THE RECORDS OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, MARKING THE TRUE POINT OF BEGINNING, AND RUNNING THENCE N87°28'50"W 108.29' TO AN EXISTING AHTD ALUMINUM RIGHT-OF-WAY MONUMENT ON THE EAST RIGHT-OF-WAY OF HIGHWAY #112 MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AS PER THE AHTD RIGHT-OF-WAY PLANS FOR JOB #040399, THENCE ALONG SAID RIGHT-OF-WAY NO2°45'14"E 224.24' TO THE INTERSECTION OF SAID EAST HIGHWAY RIGHT- OF-WAY AND SAID WEST RAILROAD RIGHT-OF-WAY, THENCE LEAVING SAID EAST HIGHWAY RIGHT-OF-WAY ALONG SAID WEST RAILROAD RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1191.65' FOR A CHORD BEARING AND DISTANCE OF S23°04105"E 248.62, TO THE POINT OF BEGINNING, CONTAINING 0.25 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. THE ABOVE DESCRIBED TRACT CONTAINING IN AGGREGATE 13.65 ACRES, MORE OR LESS. Conditions of Approval: 1. Revise the PZD booklet and plans to reflect the following: a. Revise the booklet to clarify acreage for each Planning Area; 2. Parkland dedication must be reviewed by PRAB with the associated development; 3. Any proposed lots without frontage shall provide adequate access for water, sewer, and emergency services; 4. Proposed streets shall meet minimum 2040 Master Street Plan requirements for Residential Link Streets; additional variances may be needed for alternative street sections; 5. Proposed fire apparatus access roads shall meet requirements as stated by all applicable fire codes; 6. Traffic Impact Study (TIS) shall be provided at the time of development proposal; 7. A statement from an environmental professional regarding the presence of wetlands must be provided at the time of development proposal. 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Planning Commission CC: Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager Ryan Umberger, Senior Planner FROM: Blake Pennington, Assistant City Attorne DATE: December 8, 2021 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Requirements for Planned Zoning District applications and factors that may be considered by the Planning Commission Regulations governing Planned Zoning Districts are found in § 161.35 of the Unified Development Code. PURPOSE OF PLANNED ZONING DISTRICTS § 161.35(B) provides that "[t]he intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and development whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development... As you can see, the City Council's policy is that PZDs do not have to contain mixed uses and single -purpose PZDs should not be denied solely because they are single -purpose. REQUIREMENTS FOR PZD APPLICATIONS To be considered for rezoning to a PZD, § 161.35(A) of the UDC says an applicant must meet the following requirements: 1) the land must be I within the city limits (or associated with a concurrent annexation request); and 2) there shall be no minimum or maximum tract size for a PZD application. The PZD application itself must contain, at a minimum, the following self - designed zoning regulations: • "[Z]oning standards and a specific master plan." § 161.35(C)(1) • The use units from Chapter 162 the applicant wishes to apply to the property. § 161.35(C)(2) • Density limitations for residential areas. § 161.35(C)(3) • Provisions regarding building setbacks. § 161.35(C)(4) • Provisions regarding building height. § 161.35(C)(5) • Provisions regarding building areas/ lot coverage. § 161.35(C) (6) The UDC does not require an applicant to include elevations or site plans, although these are often included and incorporated into the final PZD booklet. Even though a condition is usually added requiring the developer to generally comply with the designs and elevations they have submitted, these designs will undergo a thorough review later when development plans are submitted to ensure compliance with the UDC's minimum requirements - including Urban Residential Design Standards and other design requirements that may be applicable to the project. SUMMARY OF GENERAL CONSIDERATIONS FOR A REZONING REQUEST The Planning Commission and City Council may legally consider the following factors in all rezoning applications: 1. Compatibility with adjacent zones (avoiding spot zoning) 2. Public opposition that is logical and reasonable 3. Traffic (safety and congestion) 4. Safety and Fire protection 5. Good civic design and efficiency 6. Adequacy of public facilities (sewage, water, streets) 7. Noise 8. Litter 9. Decrease in value of adjoining land 10. Appropriate and best use of land 11. City's need or lack of need for more land to be zoned as requested 12. City Plan 2040 objectives The 12thfactor to be considered is the City Plan 2040 objectives. It is obviously only one of many legal rezoning considerations and should not be over emphasized to trump other rezoning factors. Other sub -factors, such as the infill score, exist within City Plan 2040 and, while those are helpful tools, the Planning Commission should not totally rely on any one factor. "A land use plan is meant to be just that - a plan. It is not to be legally binding on the city. Even Mr. Castin, a witness for appellant, views the purpose of a development plan as being one for serving as a guideline and not to be binding." Taylor v. City of Little Rock, 266 384,583 S.W.2d 72, 73 (1979). The primary rezoning consideration is compatxbilify with neighboring parcels however, all the other zoning factors should be considered, if relevant including the PZD factors adopted by the City Council described below. SPECIFIC CONSIDERATIONS FOR PZD APPLICATIONS § 161.35(B) provides that the City Council (and, therefore, the Planning Commission) may consider any of the following factors in review of a Planned Zoning District application": (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. I (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No Negative Impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open Space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10) Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11) Recognized Zoning Consideration. Whether any other recognized zoning consideration would be violated in this PZD. The Planning Commission should not expect an applicant to satisfy every single factor as though this is a checklist. These factors, along with the general considerations summarized above, may be considered if relevant to the application before you. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Ryan Umberger, Senior Planner MEETING: December 13, 2021 SUBJECT: RPZD-2021-000005: Residential Planned Zoning District (1032 S. RAZORBACK RD./THE RETREAT AT FAYETTEVILLE, 560): Submitted by BATES & ASSOCIATES, INC. for property located at 1032 S. RAZORBACK RD. The property is zoned 1-1, LIGHT INDUSTRIAL & HEAVY COMMERCIAL and contains approximately 13.65 acres. The request is to rezone the properties to RPZD, RESIDENTIAL PLANNED ZONING DISTRICT. RECOMMENDATION: Staff recommends forwarding PZD-2021-000005 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward PZD-2021-000005 to City Council with a recommendation of approval, with conditions as outlined by staff." NOVEMBER 8, 2021 PLANNING COMMISSION MEETING: On November 8t", the item was tabled by the Planning Commission until the meeting scheduled for November 22"d. Commissioners requested that the applicant revise the PZD packet to provide more details on building elevations and the parking deck, along with elements that may create a more compatible request. In the intervening weeks the applicant revised the document to include: Additional detail on architectural features; Non-residential uses in Planning Area 1; and Amenities for residents NOVEMBER 22, 2021 PLANNING COMMISSION MEETING: On November 22"d, the item was tabled by the Planning Commission until the meeting scheduled for December 13t". Commissioners requested that the applicant revise the PZD packet to provide elevations for the clubhouse/parking deck, detail on the proposal's amenities, topography and retaining wall locations/height, additional variation in housing types, and integration of non-residential uses. The applicant revised the document to include: • Revised elevations • Retaining wall locations BACKGROUND: The subject property is in south Fayetteville, east of Razorback Road, and roughly 800 feet south Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 1 of 40 of its intersection with W. Martin Luther King Jr. Boulevard. The subject property is composed of two parcels that encompass approximately 13.65 acres. The site is largely undeveloped with the exception of a large storage building near its frontage. The Santa Fe Pacific Corporation has a railroad that runs through the southwest corner of the property. Significant vegetation is present throughout most of the site with the exception of the area developed with the storage facility and where overhead power lines are present near the southeast corner of the property. In addition to the tree canopy, the area is on the west slope of a hill where grades exceed 14%. Roughly 2.7 acres of the property fall within the Hilltop Hillside Overlay District, largely near the crest of the hill. Surrounding land uses and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped RMF-24, Residential Multi -family, 24 Units per Acre South Baum Walker Stadium 1-2, General Industrial; RMF-24, Residential Multi- Parking/Undeveloped family, 24 Units per Acre East The Vue Apartments RMF-24, Residential Multi -family, 24 Units per Acre CPZD, Commercial Planned Zoning District; 1-1, West Retail/Multi-family Residential Light Industrial and Heavy Commercial; UT, Urban Thoroughfare Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District with two planning areas, described as follows: Planning Area #1 — 10.04 acres: This planning area is intended for multi -family residential development. The area would be developed with 16 multi -family buildings, a clubhouse/leasing office, and four story parking structure. A total of 142 units are proposed to be located on 10.04 acres for a total density of 10.4 units per acre. Use Units 1, 12a, 12b, and 26 are permitted by -right, Use Unit 2 is allowed by conditional use permit. Setbacks include a front build -to zone 0-25 feet inside front property lines, side setbacks of 8 feet, and rear setbacks of 10 feet. The applicant proposes bulk and area regulations including a lot width minimum of 70 feet, lot area minimum of 7,000 square feet, and 4,000 square feet of land area per dwelling unit. Also proposed is a maximum building height of five stories with stepback requirements that limit portions of the building within 10 feet of the public right-of-way to two stories and portions 10-20 feet to three stories. Buildings cannot exceed 50% of the total lot area, not including driveways or paving. Planning Area #2 — 3.61 acres: This planning area is intended to be designated for tree preservation, detention, and outdoor recreation. Use Unit 1 is the only by -right use proposed and Use Unit 2 would be permitted by conditional use permit. Setbacks are proposed to be 35 feet for front property lines, 20 feet on the sides, and 35 feet in the rear. Structures in Planning Area 2 are limited to 25 feet in height and buildings cannot exceed 50% of the total lot area, not including driveways or paving. The stated purpose of the request is to allow for the development of five -bedroom units to meet the market demands for the development while minimizing impact to the site. Public Comment: Staff has received no public comment regarding the request INFRASTRUCTURE: Streets: The property has frontage onto S. Razorback Road, a fully improved Regional High -Activity Link Street with asphalt paving, sidewalk, greenspace, curb, and gutter. A stub -out of W. Stadium Drive is present on the property to the east. W. Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 2 of 40 Stadium Drive is a partially improved Residential Link Street with asphalt paving, on -street parking, sidewalk, curb, and gutter. Water: Public water is available to the subject property. An 8-inch water main extends from S. Razorback Road and a 6-inch main extends from W. Stadium Drive. Sewer: Sanitary Sewer is available to the subject property. There is an 8" sewer stub -out at Razorback Road. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the subject area lies within a FEMA floodplain, there is no protected stream present in the subject area, and there are no hydric soils on the property. A portion of the subject area lies within the Hillside -Hilltop Overlay District which carries associated restrictions that will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. Fire: Station 6, located at 990 S. Hollywood Ave., protects this site. The property is located approximately 0.9 miles from the fire station with an anticipated drive time of approximately 3 minute using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request. Tree Preservation: The proposed PZD, Planned Zoning District requires 25% minimum canopy preservation. The current zoning district, 1-1, Heavy Commercial and Light Industrial requires 15% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from 5-9. The high score translates to a weighted score of 11.5 at the Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 3 of 40 highest level. The elements vary by the area of the property being considered, and include the following: • Adequate Fire Response • Near Sanitary Sewer Main (8-inch main along S. Razorback Road) • Near Water Main (8-inch main along S. Razorback Road & 6-inch main along W. Stadium Drive) • Near Public School (Fayetteville High School) • Near Paved Trail (Tsa-La-Gi Trail) • Near Public Park (World Peace Wetland Prairie) • Near Razorback Bus Stop (Route 48) • Near ORT Bus Stop (Route 20) • Appropriate Future Land Use (City Neighborhood Area) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds that the proposal is generally compatible with surrounding land uses. The area is largely undeveloped to the north and south of the property with the exception of a university -owned parking lot. Multi -family residences flank the subject area to the east and west, though there is a major thoroughfare and significant terrain between those developments. Roughly 2.7 acres of the subject property falls within the Hillside Hilltop Overlay District (HHOD) which indicates a level of sensitivity should be maintained as the site is developed. Accordingly, the applicant proposes tree preservation areas for areas along the east and south property lines, where much of the HHOD is present. To the east a stub out of W. Stadium Drive extends to the property line which the applicant proposes to tie into and create a connection to S. Razorback Road. A 10-foot-wide side - path trail is present along the property's frontage which connects to the Tsa- La-Gi trail, providing access to the regional trail network. Bus stops for both transit operators are located within a % mile of the subject property which would allow future residents to access the city by non -vehicular means. Land Use Plan Analysis: Staff finds that the request is mostly consistent with the Future Land Use Map designation for the area and the City's adopted land use policies. The Future Land Use Map (FLUM) designates the area as a City Neighborhood Area which encourage dense, mixed -use development. Though the Planned Zoning District would only allow residential uses by - right, the property's proximity to the University of Arkansas and businesses along W. Martin Luther King Jr. Boulevard support staff's opinion that dense residential development is appropriate at this location. When considering if the development meets the goals in City Plan 2040 staff finds the proposal to be mixed. The infill score for this site is moderate to high, which is consistent with Goal #1 in City Plan 2040 which is to make infill development a priority. Conversely, the lack of integrated commercial or mixed use planning areas run counter to Goal #3, to make compact and connected development the standard. Staff finds, though, the absence of mixed uses in this case is largely offset by the proximity to the existing commercial development along W. Martin Luther King Jr. Boulevard. Regarding the Enduring Green Network, no part of this property falls within the designation. Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 4 of 40 That being said, the PZD zoning includes a higher standard for tree preservation that the existing industrial designation. Combined with the HHOD, portions of this property will be required to preserve up to 30% tree canopy where currently only 15% is required outside of the HHOD. On the balance of considerations, staff finds the proposed PZD to be compatible and consistent with existing land uses and adopted land use plans. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning is justified due to the current industrial zoning's inconsistency with the FLUM and increasing incompatibility with the surrounding properties as redevelopment occurs. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed PZD will increase traffic, and possibly to a significant degree. However, the site has access to Razorback Road, a fully improved Regional High -Activity Link street. The proposed zoning would allow residential development to occur in a way that is likely to increase traffic volume, but it is unlikely that traffic danger or congestion would be appreciably increased. Conversely, the property's location on a trail that connects directly to the University of Arkansas campus and downtown Fayetteville affords non - motorized transportation alternatives that are further complimented by nearby transit service. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: While some industrial uses have very intense demand on infrastructure, rezoning the property from industrial to residential uses may increase the load on other public services like Fire and Police. In staff's opinion this will not represent an undesirable amount. The site has access to water, sewer, and street frontage on a major thoroughfare which are basic prerequisites for urban development. The Fayetteville Public School district, Police and Fire Departments have expressed no objections to the proposal. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 5 of 40 Finding: N/A Sec. 161.35. Planned Zoning Districts (PZD) (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single -purpose or mixed -use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11)Recognized zoning consideration. Whether any other recognized zoning consideration would be violated in this PZD. Findings: As outlined in previous findings, staff finds that the proposal is generally in line with the factors that may be considered with a Planned Zoning District. The proposed PZD is particularly well suited to meet the flexibility, harmony, open space, and natural feature tenets of the ordinance. RECOMMENDATION: Staff recommends forwarding PZD-2021-000005 to City Council, with a recommendation of approval, with conditions as outlined below. Conditions of Approval: 1. Revise the PZD booklet and plans to reflect the following: a. Revise the booklet to clarify acreage for each Planning Area; 2. Parkland dedication must be reviewed by PRAB with the associated development; Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 6 of 40 3. Any proposed lots without frontage shall provide adequate access for water, sewer, and emergency services; 4. Proposed streets shall meet minimum 2040 Master Street Plan requirements for Residential Link Streets; additional variances may be needed for alternative street sections; 5. Proposed fire apparatus access roads shall meet requirements as stated by all applicable fire codes; 6. Traffic Impact Study (TIS) shall be provided at the time of development proposal; 7. A statement from an environmental professional regarding the presence of wetlands must be provided at the time of development proposal. Planning Commission Action Meeting Date: December 13, 2021 Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • Applicant Request Letter • PZD Booklet • Site Plan • Elevations • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map O Forwarded O Tabled O Denied Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 7 of 40 Bates & Associates.inc. Civil Engineering • Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. / Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 September 28, 2021 City of Fayetteville Planning Staff 113 W Mountain Street Fayetteville, Ar 72701 RE: The Retreat at Fayetteville The Retreat at Fayetteville is being presented as a Master Development Plan PZD. The project is located on South Razorback Road approximately 1,000 feet south of Martin Luther King Jr. Boulevard. Stadium Drive dead -ends at the property boundary in the northeast of the site. Currently a warehouse facility is in use on the property. The site is currently divided by an existing rail line to the southwest of the site and a 100' power easement through the southeast of the site. The remainder of the site is wooded. The proposed use is for a student housing community including 16 residential buildings, a clubhouse/leasing office and 4 story parking structure. The residential buildings are 3 story and contain a mixture of 4 and 5 bedroom units. Please refer to the architectural elevations in this submittal for details. The reason for this PZD request is to include five bedroom units to meet the market demands for the development while minimizing the impact to the site. Jake Chavis, E.I. Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 8 of 40 THE RETREAT AT FAYETTEVILLE LAND USE & ZONING PZD FAYETTEVILLE, ARKANSAS December 3, 2021 Owner: ARKA, Inc. 1601 Pump Station Road Fayetteville, AR 72701 Developer: LCD Acquisitions, LLC 315 Oconee Street Athens, GA 30601 PREPARED BY: Bates 1 ■ Associates, I nc_ Civil Engin" ing ':�_:- Surveying 7230 S. Pleasant Ridge Dr. / Fayetteville, AR 72703 PH: 479-442-9350 * FAX: 479-521-9350 Page I 1 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 9 of 40 A. CURRENT OWNERSHIP OF PROPERTY AND REPRESENTATIVE The current owner of the property is ARKA, Inc. The developer of the property is LCD Acquisitions, LLC. The representative for this project is Bates & Associates, Inc. B. SUMMARY (SCOPE, NATURE, AND INTENT) The Retreat at Fayetteville is being presented as a Master Development Plan PZD. The project is located on South Razorback Road approximately 1,000 feet south of Martin Luther King Jr. Boulevard. Stadium Drive dead -ends at the property boundary in the northeast of the site. Currently a warehouse facility is in use on the property. The site is currently divided by an existing rail line to the southwest of the site and a 100' power easement through the southeast of the site. The remainder of the site is wooded. The proposed use is for a student housing community including 16 residential buildings, a clubhouse/leasing office and 5 story parking structure. The residential buildings are 3 story and contain a mixture of 4- and 5-bedroom units. Please refer to the architectural elevations in this submittal for details. The reason for this PZD request is to include five -bedroom units to meet the market demands for the development while minimizing the impact to the site. C. GENERAL PROJECT CONCEPT 1) Street and Lot Lam The overall property will face west toward Razorback Road, and a new public street running through the site east to west. The buildings themselves will face onto new privates drives, which are shown on the site plan. 2) Site Plan Please refer to the attached plans. 3) Buffer Areas The two buildings close to Razorback Road and the buildings along the new public street will be set behind a 15' landscape buffer and within the 25' build to zone. 4) Tree Preservation Tree Preservation will be set aside within a proposed tree preservation easement that will be dedicated with the approval of this project. Page 12 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 10 of 40 5) Storm Water Detention Areas Storm water detention will be accounted for in an on -site detention pond. Details and design data will be provided with the Large -Scale Development plan. 6) Undisturbed Natural Areas This total area of the proposed development is 13.65 acres. 2.86 acres of the project is located within the HHOD area, and 10.79 acres are non-HHOD. The required tree preservation area is 3.3 acres. (30% of the 2.86 acres and 25% of the 10.79 acres). The tree preservation area proposed with this development is 1.89 acres. The 1.41 acres that are below the required area will be mitigated. The mitigation is due to the steep terrain, large utility easement through the site and the railroad tracks. 7) Existing and Proposed Utility Connections and Extensions Existing sewer and water are located along Razorback Road. The sewer and water will be extended from razorback road along the new proposed street and will provide service connections to the new buildings along with fire protection 8) Development and Architectural Design Standards Architectural design standards will meet those set forth by the City of Fayetteville with regards to architectural detailing. The architectural design will meet the original intent of the development. 9) Building Elevations Building elevations are included as part of this submittal and will meet the residential design standards. D. PROPOSED DEVELOPMENT PHASING AND TIMEFRAME 1) PZD Zoning & Large -Scale Approval .................................... 2021-2022 Once the PZD Zoning is approved, Large Scale plans will be submitted for planning review. Once the LSD is approved by planning commission, a grading permit will be applied for, and construction will start shortly after grading permit approval. Phase I: There will only be one (1) Phase to this development. All portions of the PZD in Phase I are planned to be under construction at the same time when grading and building permits are approved. Page 13 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 11 of 40 E. PROPOSED PLANNING AREAS This PZD will have two planning areas. One will be multi -family, and the other will have no proposed buildings or parking. It will be set aside for tree preservation, green space and detention. F. PROPOSED ZONING AND DEVELOPMENT STANDARDS Planning Area #1: Multi -family Residential Purpose: The purpose of this Planning Area is to permit and encourage the development of apartment buildings. This density will be 142 units on 10.04 acres, which will have a density of 14 units/acre. The PZD will also allow five -bedroom units in the development. The PZD will allow up to five unrelated persons to occupy the dwelling. Land Use Designation: 1. Permitted Uses Unit 1 City-wide uses by right Unit 26 Multi -family Dwellings Unit 12a Limited Business Unite 12b General Business 2. Conditional Uses 11 Unit 2 1 City-wide uses by conditional use permit 3. Density Acreage 10.04 acres (PA 1) Number of Dwelling 142 Units Units Density 14.14 units/acre 4. Bulk and Area Regulations Multi -family Dwellings Lot width minimum 70' Lot area minimum 7,000 sf Land area per dwelling unit 4,000 square feet Page 14 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 12 of 40 5. Setback Requirements Front Side Rear 25' Build -to -Zone 8' 10, 6. Building Height Regulations Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single-family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. 7. Building Area Area occupied by all buildings shall not exceed 50% of the total lot area and does not include driveways or paving. Site Planning 8. Screening and Landscaping The screening and landscaping will be provided as set forth in the City of Fayetteville Unified Development Code. 9. Parking All parking shall comply with chapter 172, for multi -family residential requirements of the City of Fayetteville Unified Development Code. Page 15 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 13 of 40 10. Architectural Design Standards Conceptual architectural elevations have been provided along with this document. All buildings will have materials consistent with those proposed in this submittal along with a copy of these documents. The buildings shall meet the residential design standards. In order to provide a variety in form and design, one (1) building type may not be utilized more than three (3) times in a development. Each building type shall be differentiated by variations in materials, colors and roof forms. If alternative design standards are requested a variance will be required at time of development submittal. 11. Signage Signs shall be permitted and approved and shall be installed in accordance with Chapter 174 of the Unified Development Code. Planning Area #2: Open/Green Spaces Purpose: The purpose of this Planning Area is to create land designated for tree preservation, detention, and outdoor recreation. Land Use Designation: 1. Permitted Uses 11 Unit 1 I City-wide uses by right 2. Conditional Uses 11 Unit 2 1 City-wide uses by conditional use ermit 3. Density Acreage 3.61 acres Number of Dwelling 0 Units Units Density 0 units/acre 4. Bulk and Area Regulations Lot width minimum None Lot area minimum None Page 16 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 14 of 40 5. Setback Requirements (build to zone) Front Side Rear 35' 20' 35' 6. Height Restrictions: Structures in this planning area are limited to a building height of 25 feet. * *All separate structures require a minimum 10' separation from structures (eave-to-eave) on both sides. Buildings are subject to minimum building separation, fire wall ratings, etc. in accordance with building code. 6. Building Area Area occupied by all buildings shall not exceed 50% of the total lot area and does not include driveways or paving. Site Planning 7. Screening and Landscaping The screening and landscaping will be provided as set forth in the City of Fayetteville Unified Development Code. 8. Parking All parking shall comply with chapter 172, for multi -family residential requirements of the City of Fayetteville Unified Development Code. 9. Architectural Design Standards Conceptual architectural elevations have been provided along with this document. All buildings will have materials consistent with those proposed in this submittal along with a copy of these documents. The buildings shall be constructed consistent with the elevations and provided. 10. Signage Signs shall be permitted and approved and shall be installed in accordance with Chapter 174 of the Unified Development Code Page 17 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 15 of 40 G. MASTER DEVELOPMENT PLAN AS COMPARED TO CURRENT ZONING REQUIREMENTS Existing Zoning Proposed Zoning 1-1 (Heavy Commercial & Light Industrial) PZD: PA-1 (Multi -family Apartments) Permitted Uses Unit 1 City-wide uses by right Unit 1 City-wide uses by right Unit 2 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agricultural Unit 13 Eating places Unit 12a Limited Business Unit 16 Shopping goods Unit 12b General Business Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 26 Multi -Family Dwellings Unit 27 Wholesale bulk petroleum storage facilities with underground storage Unit 32 Clean technologies Conditional Uses Unit 2 City-wide uses by conditional use permit Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small site Unit 20 Commercial recreation, large site Unit 3 Public protection and utility facilities Unit 28 Center of collecting recyclable materials Unit 36 Wireless Communications Facilities Unit 38 Mini -storage units Unit 43 Animal boarding and training Density Units per acre none Acreage 10.04 acres Dwelling Units 142 Units Units per acre 14 Bulk and Area Regulations Lot width Minimum Three or More none 70 feet Lot Area Minimum Three or more none 7,000 square feet Land area per Dwelling unit none 4,000 sf Setback Requirements Front 25/50 feet 25' Build -to -Zone Side 10/50 feet 8 feet (See notes on 10' separation) Rear 25 feet 10 feet See notes on 10' separation) Building Height Maximum 2 2 stories/3 stories/5 stories' Building Area none On any lot, the area occupied by buildings shall not exceed 60% Buildable Street Frontage Minimum Buildable Street Frontage none 25% of lot width Page 18 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 16 of 40 A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single-family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. Page 19 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 17 of 40 Existing Zoning Proposed Zoning 1-1 (Heavy Commercial & Light Industrial) PZD: PA-2 (Open / Green Space) Permitted Uses Unit 1 City-wide uses by right Unit 1 City-wide uses by right Unit 2 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agricultural Unit 13 Eating places Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 27 Wholesale build petroleum storage facilities with underground storage Unit 32 Clean technologies Conditional Uses Unit 2 City-wide uses by conditional use permit Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small site Unit 20 Commercial recreation, large site Unit 3 Public protection and utility facilities Unit 28 Center of collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 43 Animal boarding and training Density Units Per Acre 0 Units per acre 0 Bulk and Area Regulations Lot width Minimum Three or More none none Lot Area Minimum Three or more none none Setback Requirements Front 25/50 feet 35 feet Side 10/50 feet 20 feet Rear 25 feet 35 feet Height Re uirements Building Height Maximum 2 � 25' Building Area none On any lot, the area occupied by buildings shall not exceed 50% Buildable Street Frontage Minimum Buildable Street Frontage none 30% of lot width Page 110 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 18 of 40 Analysis of the Site Characteristics No environmentally hazardous, sensitive, or natural resource areas have been found on this site. H. RECREATION FACILITIES There will be 1.89 acres of tree preservation area, a clubhouse and a pool. I. REASON FOR REZONING REQUEST The reason for this Conceptual PZD request is to provide a project that will provide a means for creating a successful and viable student housing community which will be in alignment with other current developments in the area. This Conceptual PZD will provide the highest and best use for this site. The PZD will also allow five -bedroom units in the development. The PZD will allow up to five unrelated persons to occupy the dwelling. J. RELATIONSHIP TO THE EXISTING AND ADJACENT LAND USES The property to the north, south and east is zoned RMF-24 and CPZD to the west, so a multi -family zoning would be consistent with the surrounding zones. K. COMPLIANCE WITH CITY OF FAYETTEVILLE PLAN 2040 The future land use map on this property has been designated for City Neighborhood. This PZD proposal will be fulfilling an original intent for this property. Goal #1 - Appropriate infill and revitalization the highest priority This project will continue building around an already established multi -family area. Installed infrastructure is adjacent to the project. Developing the property in this way will meet the City's future land use plan and be similar to the development in the surrounding area. Goal #2 - Discourage suburban sprawl There will be no additional sprawl associated with this development. Streets, paving and all the utility infrastructure will be installed with this project. Goal #3 — Make compact, complete & connected development the standard This development is adjacent to a regional link and will provide cross connection from the W Stadium Drive to Razorback Road. The development will provide the traditional town feel due to the several amenities within walking distance of this project including restaurants, Baum Stadium and the University of Arkansas. Page 111 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 19 of 40 Goal #4 - Grow a livable transportation network This development will construct several sidewalks which will provide connection to existing trails, bus routes and businesses. A new public street is also proposed to provide cross connection. Goal #5 - Assemble and enduring-reen network A tree preservation area dedicated to the City of Fayetteville and its residents will add to the City's green network. Goal #6 - Create attainable housing This development will promote housing for students attending the University of Arkansas, who significantly impact the city's growing economy. L. TRAFFIC STUDY A traffic study has been conducted for The Retreat at Fayetteville. Access to the site is proposed via the extension of Stadium Drive to S. Razorback Road with a connection to the east to an existing section of Stadium Drive. The Stadium Drive extension is proposed to be constructed to intersect S. Razorback Road approximately 220 feet south of an existing HAWK pedestrian traffic signal and approximately 130 feet north of an existing railroad spur track crossing S. Razorback Road. Capacity and level of service analysis was performed for existing traffic conditions and for projected 5-year traffic conditions (with and without the site development) for the AM and PM peak hours for the study intersections of Martin Luther King Jr. Boulevard and Stadium Drive and S. Razorback Road and the proposed Stadium Drive extension. The conclusion of traffic operational findings associated with this study is that additional traffic expected to be generated by the proposed approximate 594 tenant off -campus student housing residential development can be accommodated by the existing adjacent roadways and proposed Stadium Drive extension to S Razorback Road without discernable impact on traffic flow in the vicinity. M. IMPACTS ON CITY SERVICES There are no significant impacts to city services associated with this project. Water and sewer are existing along Razorback Road and W Stadium Drive. The development will loop the water main between Stadium Drive and Razorback Road which will improve the system. Waste will be managed by dumpsters. Page 112 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 20 of 40 N. STATEMENT OF COMMITMETS 1) Dedication of Public Facilities Most of the utility infrastructure installed with this project will be dedicated to the City of Fayetteville. The remainder will be private service lines to the buildings. 2) On or Off -Site Improvements The development of on or off -site infrastructure necessary to serve this project shall be completed along with the construction of this project. 3) Natural Resources and Environmentally Sensitive Areas There are no known natural resources or environmentally sensitive areas on this site. 4) Fire Protection This project will be served by the Fayetteville Fire Department. The nearest fire station is on Hollywood Avenue. 5) Other Commitments Imposed by the City There are currently no other commitments imposed by the city. 6) Parks, trails, and Open Space Commitments Tree Protection will be committed to as required by the City of Fayetteville ordinances governing said protections, whether through on - site save areas, off -site tree save areas or payment of the fee in lieu. 7) Proposed Preliminary Building elevations Conceptual architectural elevations are provided as part of this submittal. Page 113 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 21 of 40 O. DEVELOPMENT STANDARDS, CONDITIONS, AND REVIEW GUIDELINES 1) Screening and Landscap n The development shall meet the requirements of Chapter 177: Landscape regulations. 2) Traffic and Circulation All traffic and circulation will comply with the City of Fayetteville standards for curb cuts, traffic and circulation. 3) Parking Standards Parking will be provided in garages underneath some of the units, parking lots and a parking garage. 4) Perimeter Treatment To the east and south, buffers of tree preservation are proposed. The remaining treatment will follow the landscape code UDC 177. 5) Sidewalks Sidewalks will be designed and constructed along all adjacent public streets and in the interior of the site to promote walkability. 6) Streetlights Streetlights will be added at intersections and at intervals of no more than 300'. 7) Water Water lines will be designed and constructed in accordance with the City of Fayetteville Water & Sewer Specifications. 8) Sewer Sewer lines will be designed and constructed in accordance with the City of Fayetteville Water & Sewer Specifications. Page 114 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 22 of 40 9) Streets and Drainage A new Street is proposed to connect W. Stadium Drive and Razorback Road. There will also be a detention pond associated with the project. All street and drainage design will be in accordance with the City Street Specifications and Drainage Manual. 10) Construction of Non -Residential Facilities A clubhouse is proposed with this project. The clubhouse will meet all the City's required architectural standards (UDC 166.25). 11) Tree Preservation Tree preservation will be dedicated as part of the large-scale development for this property per UDC 167. 12) Architectural Design Standards Conceptual architectural elevations have been provided along with this document. All buildings will have materials consistent with those proposed in this submittal along with a copy of these documents. The buildings shall be constructed consistent with the elevations and provided. 13) Signagee Signage will be utilized in accordance with City of Fayetteville standards and be in accordance with UDC 174. 14) View Protection We are not anticipating that any improvements to this property will impact views of surrounding properties. 15) Covenants, Trusts and Homeowner Associations There are no covenants, trusts or Homeowner Associations governing the property. Page 115 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 23 of 40 16) Intent/Purpose of PZD ordinance: The PZD Ordinance provides this project with the ability to create a planned development. Utilizing PZD's allows for slight modifications to traditional setbacks, lot widths, and lot area minimums. The R-PZD Ordinance is intended to accommodate mixed -use or clustered residential developments and to accommodate single -use residential developments that are determined to be more appropriate for a PZD application than a general residential zone. (City of Fayetteville Zoning Regulations CD161.23(C)). This development encourages a variety and flexibility in land development, and land use for predominately residential areas and is consistent with the city's General Plan and the orderly development of the city. This R-PZD will provide a framework for an effective relationship between different land uses and activities. Page 116 Planning Commission December 13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 24 of 40 u4 O O 0 CD CD N a Q co CD CD N 01 CJ U1 N 0 T CD N C) 5 CO N THE RETREAT AT FAYETTEVILLE GENERAL PROV1510N5L T,l PH All WORKMEN PLAN G IT =Y, IF IN, ANZAN ALL FAYETTEVILLE, ARKANSAS IP»ANZINIT ED Z01NING 11USI OPMENT P»A1NlS� VICINITY MAP N.T.S. NORTH CITY CONTACT INFORMATION ME CONTRACTOR IS RESPONSIBLE TO CONTACT EACH DISCIPLINE BELOW AND REQUEST A CERTIFICATE OF OCCUPANCY INSPECTION AND MPROVAL AT LEAST A WEEK IN ADVANCE: BUILDING SAFETY MATTHEW CABS 575-8229 MCASEWfAYETTENLLE-M GOV QUIN MONPSON 575-8252 QTHOMPEONWFAYETIENLLE-ANMX D JG1 A ENMEEMNG JONAMAN ELY 575-8206 JELYWFAYETHENLLE-ARGOV JOSH BOCCACC10 757-8206 JBOCCACCIORFAYETTENLLE-AR.GOV FIRE BRIAN GLOAT 718-76M BSLOATWFAYETTENLLE-AR.GOV N BACKROW PREV£NTON RANDY BOLINGER 575-AM2 RBOLINGERWFC-TENLIE-AR.GOV NERR OPERATIONS JAYCE BRANSON 684-4723 JBRANSONWFAYETTENILE-AR.GOV �$ OWNERSHIP OF DOGUNENTS 4 C) PLANNING JONATHAN CORM 575-8267 JCURMWFAYETTENLLE-AR.GOV d o BYm JES9CA MASTERS 575-8239 JMASTERSMFAYETTEMIJE-AR. i AND THE YEAS AFID Of51GN5 NLORPORdifD F. NMBERGER 575-8237 RUMBERGERWFAYETTEVIIJE-ARGOV 9 Of£6INONAL SERVICES. 15 i SIDEWPLK MUCK RUT ERFORD 575-8291 CRUMERFORDAWAYETTENLLE-AR.GOV A S50LIATES. Lc..Are 15 HIT RECYCIJ I AND TRASH GREW COOK 575-8397 ACOORWFAYETTENLJE-ARGOV ��-' mf PROPERTY OfTBAIEs 0 MEE & LANDSCAPE JOHry SCOTT as-3470 JSCOTMFAYETTENLIE-AR.GOV To BE USED. IN WHOLE OR PART, FOR ANY OTHER PROJECT ^ MELISSA EVANS 444-3486 MEVANS®FAYETTENIIE-AIGGOV & ASSOCIT MEBS, NO. AUMOR ZARAB OF BARS + / BGO_482�899 Ln UTILITY5 % 5AEETY NOTICE TO CONTRACTOR ENGINEER'S NOTICE TO CONTRACTOR CABLE: COX COMMUNICATIONS G AS: S URCEGAS IN dcGORDANU — GEnERAUT ACCEPTED IONSTRUGTON THE EWENCC AND LOGATON OF ANY UNDERGROUND TRILBY 4901TEVS. T8th ST N MIKE KITE S. THE CONTRACTOR WILL IF SOLELY N0 PRfS OR STRWTLARU BHOWN ON THUFNLABL ORECORS.ARE 4901 S. 48th STREET P.O. BOX 13288 LONPLSRLr RETY OF THEAU PER OHS AND P OP THY J SITE. BEST Of C d SEARCH of TER dRE NO RECORDS. OF mf $HONE: (47 AR 72762 FAYETTEVILLE, AR 72701 c sdPfn of a1 PER OHS drvD PROPERTY DJRxG afsr of OLR rcrvowLmu THERE RE rvo fzlsTHw Lm11R5 PHONE (479) 717-3724 PHONE: (479) 575-1424 PERFOo GONTIN O- N0 HOW Bf LIMBER iOONORMdL WWI — E%LfPi d5U5HOWN UH THESE DRAWINL5 dND WE �LiEU NO coorvLRrlruo sLr �ocnnon an me5e walimHE cs T GIT ORRACTOR 15 ELECTRIC: SWEPGO TELEPHONE: AT&T REQUIRED To TAKE DUE MEWITIIONARY MEASURES To ADAM KEETH JEFF HAMILTON THE D.RY OF THE fNCNffR TO CONDUCT LONSTRU EN T ERE — -I SHOWN. dNI ALL OTHER LNfS R RfvWw w mf cONTRACTOR5 PfRfoP.nNHcf Is xo no� or RfcoRD oR nor snowx Ory nf5f DRdxmc 101 W TOWNSHIP RD 1133 E. HAROLD ST 8 xT4M To INGULTU RBVIEW of mf d0f0udcr Of7mf MEMFcdnon of THER LOCATOR x ERE _ PRIOR THE FAYETTEVILLE, AR 72703 FAYETTEVILLE, AR 72703 OnTRALTOR'I SdrE N11-5. R 1 NEAR ME —OB of ERE ACTUAL PGRTON of THEIR WEAT. To PHONE: (479) 973-2300 PHONE: (479) 442-3107 IUHSiRULTON SRf, iY INDEX OF DRAWING5 01 COVER 5MEET 02 ZONING + DEVELOPMENT 5TANDARD5 03 MA5TER DEVELOPMENT + PHA5E PLAN PLAT PACE III PROJECT SIZE ADDRESS — S IAZU 11 RD FAYETIENLJE, N2 727M ZONING CLASSIFICATON: 1-1 (EXITING) PM OP—D) PROPOSED USE MULT-FAMILY TOTAL SITE AREA: 1365 ACRESB BUILDING HEIGHT: 30' MAX OWNER: ARIA HNC 1601 E PUMP STATION RD FAYETTEVILLE, AN 72701 PHONE: EMNE OEVELOPEN. LCO ACOUISITI LLC 355 ONErA ST. SUIT: DIED niHENS, GA YJ601 ENALJ ONJUKYMEOORLANOMARKPROPERTIES.CON ENGINEER/SURVEYOR: BATES & AROOClATES. INC. 7230 S PLEASANT RIDGE DR. FAYETTENLLE. AR 7D7GD PHONE: (479) H2-9350 EMAIL GEORWBATESNIN COM ENGINEER: W&A ENGINEERING 355 ONETA ST, SUITE DOOR AMEND, GA 30601 PHONE: (INNO 310-OAOR EMAIL BROUNEYWLYAENGINEERINGDOLH ARCHITECT. EaE ARCHITECTURE 297 PRINCE AVENUE, SUITE 28-B AMENS, GA 30601 6) 0 PHONE: (7050-1330 EMAIEKAMIINA&ENEARCHITECTURE.COM NILES -TON ASwCIATES. INC 3060 PEA FREE RD NW, UNIT 600 AnANTA, GA 3o3D5 CANNON REm0IDs CURG5EGINI E% L CREYNOIDSWNIUSBOLTON CON OCOPLRTCN BCATCN: A OR "AE' AS OETERED BYRTY SIHE NATLATE'GN. BROOD IN'LUCYSURANCE PROGRAM ROOD INSURANCE RATE MAP FOR WADSHINGTON COUNTY, (FIRM PANE RESDENTAL BUIDNG NFORMATION ARKANSAs. L/05-2i0F. DATED 05/16/2008) �PRUPUUUGENERAL RGRVE 15-UNIL / 60-BEDROOM BUILDING 3 THE SUERGRQUND MATION SHORN FNG BEEN LOCATE FltOM 40-UNIT / 48-BEDROOM BUILDIxC 4 DECO SURVEY INLORYAnON AND E%ISTING ORAPoNCS ME 5-UNIT / 16-BEDROOM BUILDING I SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND 18-UNIT / 21-6EDROOM BUILDING 3 UFUMES SHOWN ARE IN THE EXACT LOCATION INDICATED. 1-UNIT / 20-BEDROUN BUILDING I ALTHOUW ME SURVEYOR DOES CERnh THAT THEY ARE LOCATED 10-UNIT / 25-BE.- BUILDING 2 n1en�cC RATELY A. POSSIM£ FROM INFORMATION AV�e BI£, ME Boom (MULTI -FAMILY I PER ffDRoouT NTPL NUMBER IF BEDROOMS: 585 PEMSNG P.11 -/I PER' 585 SCHARE FOOTAGE CO PoMMUNItt CENTER: GF BRED CiA PARKING REWIRED: 5 TOTAL PARKING REQUIRED: 599 (RETAL - MAx1 PER 2w s.F. DF LPAT SQUARE FOOTAGE CO RETAIL AREA: 100E GFA MAAMUM SPACES ALLOWED: 9 PARKING A OFF MEET ARASTANDARD 1RD SPACES: 1 OFFS1REEi MA PRONOEO. GARAGE SPACES: 46 PARKING DECK siAN04R0 SPACES: 345 PARKING RA EDNRONDEO e TOTL PARKING PROVIDED 609 WMOTORCT /SCOOTER PARK NG (/25 OFFnREET SPACES): TOTAL OFFI BEET SPACES: 194 M RCYCIE/sGGGTEEAIKNPROIDED R PARKING REWIRED: 8 BIOLYOLEYCIEKSCOOTER 30 DINEGWNGNUWT51 9 TOT& DWEWNG UNI1S 1. BIKE RACKS REQUIRED: 5 BIKE RACKS FRONDED: 5 JOR i 59 STE AREA — SO FT.(1365 ACa/-) OSS SITE AREA AFTER R OENCATON 1-1 SUFT 12.85 AC + -OVE ) 117 ED.FT. (47G1%) (6.04 AC a/ -)OP 52 SO. FT. (5299C) DE. TIC Sn xG AREA INFO uAT N: BULLRING ffM FRONT "N:NCI: FRONT (QUOININC A OR R D DISTRIIC Soil FRONT (ADJOINING C. 4 OR P DISTRICTS) SIR SIDE (ADJURING A OR R DISTRICTS) Soft SIDE (ADJOINING C, I, OR P DISTRICTS) Ion REAR 25ff PROPDSED PZD: FRONT 25ff Bi.Z. SIDE: BY REAR 01 & PORTON OF PARCEL g765-14833-000 EAST OF N6M2'5o"W 131836', THENCE w214'10-W 531.02', THENCE SBT22'50-E EDEV TO APOFRGNT_N ON MEAY EAST RJO6T-OF AN Y FIR, AS PER THE PH g040399, MARKING ME TRUE POINT OF BEGINNING. AND RUNNING THENCE 1BT22'S0"E 712.80' TO AN EXISTING REBAR, THENCE w239'40"W 78I15'TO AN EMSTNG REBAR, THENCE NBT285PW RES— FOR A C 526'05'W 170`. 1207,16' FOR A C EXISTING AHN Al MO EAST RRJLU HIGHWAY W112, M POINT OF BEGINNING. CONTAINING 1340 ACRES. MORE OR LESS AMID AM ME PURFOR OF EL W765-lM33-OD) LING WEST OF T RIGHT-OF-WAY ff THE SMU FE PAUFIC CORPORATION RAILROAD, BEINI PART OF A SIX ACRE TRACT IN THE SOUTHWEST CORNER OF ME NORME QUARTER OF THE NORTHEAST QUARTER OF SECTON 20, TOWNSHIP 16 NO NGE JO WEST, WASHINGTON COUNTY, ARKMOAS, BEING MORE PARTCUI DESCRIBER As FULOWS TO-WT: COMMENCING AT ME NORTHEAST CORN SAID FORTY ACRE TRACT AND RUNNING THENCE NB7R2'50'W 131836. TH GO2 10'W 53102'. THENCE—22'501 82336TO AN EXISTING REBAR THENCE S02'39'40"W 787,15' TO AN EA— REBAR. THENCE HIM 50" 717,08' TO A PUNT ON ME NEST RIGHT-0E-WAY OF THE SANTA FE PAR CORPORATION RAILROAD RIGHT-OF-WAY, AS PER A WARRANTY GEED FILE BON 100 AT PACES 22-24 IN ME RECORDS OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, MARKING THE TRUE POINT Po MORNING, ANO RUN THENCE HIM 50'W 108.29' TO AN EMSTNG MM ALUMINUM RIGHT -OF - MONUMENT ON THE EAST RIGHT-OF-WAY OF HIGHWAY #112 MARKING ME SQUMWEST CORNER CO SAY FIFTY ACRE TRACT, AS PER THE ALTO RIGHT-OF-WAY PUNS FOR JOB pO4OJ9B MENC£ ALONG END GHT-Of CONTAINING 025 ACRES, MIKE OR LESS SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD, ME ABOVE DESCRIBED MACT CONTAINING IN AGGREGATE 13.65 ACRES, MORE OR LESS $ ARK�HY�AS REGISTERED y PROFESSIONAL � ENGINEER cFOT No. Rio p`� REY M OI Z �ylN OF AU O„ �r- 0ISo <aa ui ui NY J J ~ N > U Q N r 0 W 1 < C7 = Q Z N Q L LL1 Ld Q w U xLjj ¢ LJ d u- L v �n 0�_ �q 01 T STANDARD SPACES: ADA PRONDED: PACES: DECK STANDARD SPAT PARKING REQUIRED: EARNING PROVIDED: CD CD 0 N "� 01 rn v _ w 3 N O TI3 pN O 5 I 7 1000 BEA s 599 1000 BEA 4 194 11 46 345 e 604 194 9 THE RETREAT AT FAYETTEVILLE 3 QUARTERS PROPERTY INVESTORS LLC 6 FRAT:W'S MANAGELIENT LLC 9 CONAGRA FOODS PACKAGED FOODS LLC 11 UNIVERSITY CF ARKANSAS Ij CITY OF FAA— 331 SOOUEL - STE 100 PO ASSET BOX 913 111 CONAGRA DR BOARD OF TRUSTEES 1 MOUNTAIN ST SANTA CRUZ, CA 95062 ROGERS, AR 72757 OMAHA, NE fi8102 321 AOMINISTRATON BLDG FAR T1EMq£, AN ]2I01-6083 PARCEL /165-14837-000 PARCEL V65-1D099-003 PARCEL MY65-14B45-D00 FAYETIENLI£, AR 72I01 A GELS n65-1483]-001. ZONED: CPZD ZONED: RMF-24 ZONED: RMF-24 PARCEL /I65-14046-G00 p7 fi5-11035-SSG' ZONED: 1-2 17111.31-000 4) APRTIOE PRKANSAS LLC )) GLARY PROPERTY MARAGEMENT LLC 10) SANTA FE PACIFIC CORPORATOR -ED: N/A-RMF-24 6. PoV£R OR STE 402 S. N HIGHLAND A. Coo BURUNGTON N—DEN SANTA FE FAIETTENBOX EW'AllOD PARK. NJ 07407 LLE, AR — 2) ARKANSAS STALE HIGHWAY CO PARCELS /J65-14834-001. PARCEL /Z65-10099-004 qtT WU . 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D3c4 CD C � C7 CO q CD m =3 m o v n 3 CD ° P 3 o NON. Ov `.� c0 j 7 north along West Stadium Drive 32-6 With balconies and covered entry porch 32-6 With balconies and covered entry porch Key Plan PZD Meeting 3 PZD Meeting 2 View 3 Looking southwest along West Stadium Drive N_ O 0 oQildings shown from left to right: (OJT n �. �DCD (a CD cc CD m � CD o v Q 3 o 3 O T (D N 3 N v CD CO 7 14-5 With balconies covered entry porch. 14-4a With covered entry porch and center brick wall projection and shed roof Key Plan PZD Meeting 3 PZD Meeting 2 View 4 Looking N o Buildings shown from left to right: CD v o (D� (71 n D. D3c4 m (D C � q CD C� CDCD= m o v n 3 d w 3 o m oN. v � southeast along West Stadium Drive 14-4b With a single balcony and covered entry porch 31-6 With boxed gable wall detail and covered entry porch 14-5 With balconies and covered entry porch I Key Plan PZD Meeting 3 PZD Meeting 2 View 5 Looking northeast along West Stadium Drive N O 0 oEgildings shown from left to right: o (D 3 cn C-) D. D3c4 m q � C� CDCD=3 (D o a) n 3 ro d P 3 o NON. v � 31-6 With boxed gable wall detail and covered entry porch 31-5 With balconies and covered entry porch Key Plan PZD Meeting 3 PZD Meeting 2 View 6 Looking N_ 0 4ildings shown from left to right: v (OJT n �. �D3� CDCD cc m � CD o v Q 3 W3 O T 3 N - � O N O (O 7 west along West Stadium Drive 14-4b With wall projection and covered entry porch 31-5 With balconies and covered entry porch 32-4 With balconies and covered entry porch Key Plan III 4� , -� y �N 1�~ • wig �'S• r = "•� •:rx% ti .' _...�...�• _ _ - ' i L J }. View 8 Looking northeast from the south side of the development • • ,� PZD Meeting 3 PZD Meeting 2 View 9 Looking N_ O 0 oEoildings shown from left to right: (OJT n �. �DCD (Q CD cc CD m � CD o v Q 3 oWi 3 O T (D N N v 3 o O (O 7 southeast along West Stadium Drive 14-5 With balconies and covered entry porch 14-4a With covered entry porch and center brick wall projection and shed roof Key Plan Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 37 of 40 PZD-2021-000005 Close Up View Regional Link - High Activity I Hillside -Hilltop Overlay District The Retreat at Fayetteville R-O i Subject Properties Planning Area L _ _� Fayetteville City Limits 0 75 150 — — Shared -Use Paved Trail — — — Trail (Proposed) 1-1 Feet 300 450 600 1 inch = 200 feet IJ %. A& NORTH IIII� RMF-24 1-1 Heavy Commercial and Light Industrial IIII� 1-2 General Industrial Residential -Office IIII� Urban Thoroughfare IIIIIIIIIIIIIIIICommercial, Industrial, Residential Planning Corrlmission r,,.-& �13, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 38 of 40 PZD-2021-000005 The Retreat at Fayetteville _ Current Land Use NORTH id 1 i r Undeveloped R ■ .1� I R �F � Q l U r3 Q. { i Multi -Family Residential ' W Multi -Family Reside r p ntial ,'; Subject Properties 03 O �' a Q � r tE i Undeveloped/Parking for Baum Stadium try Mir FEMA Flood Hazard Data 100-Year Floodplain Regional Link - High Activity Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 ' Planning Area 1 inch = 300 feet ' Fayetteville City Limits L _ _ , Planning Co mission 3, 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 39 of 40 PZD-2021-000005 Future Land Use The Retreat at Fayetteville NORTH w � Q ' v� z 70 c w ------ — 7 MARTIN LUTHER y �• KING JR BLVD `7 W 11 1 rc z0 1 1 1 1 Urban Cente -----._ !! i j - - �— ___INDIAN TRL _ 1 _ 1 1 � PMIMETFj� p 1 1 Civic i 1 1 InstitutionalROCHIE I Y 1 N I Q g N,p jl Q STADIUMiDR —BAUM DR — Non -Municipal Government Neighborhood Link Regional Link - High Activity Planning Area Fayetteville City Limits - - - Trail (Proposed) 0 145 290 A V Feet 580 870 1 inch = 400 feet Y Industrial City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban Center Planning Cc ssion 2021 Agenda Item 9 PZD-21-000005 Retreat at Fay. Page 40 of 40 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1032 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 RZN-2021-079 (2978 N. OLD MISSOURI RD./KEENAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-079 LOCATED AT 2978 NORTH OLD MISSOURI ROAD FOR APPROXIMATELY 4.88 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to NS-G, Neighborhood Services -General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 1212912021 City of Fayetteville Staff Review Form 2021-1032 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 12/17/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000079: Rezone (2978 N. OLD MISSOURI RD./KEENAN, 253/254): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 2978 N. OLD MISSOURI RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 4.88 acres. The request is to rezone 1.12 acres to NS G, NEIGHBORHOOD SERVICES. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director DATE: December 17, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000079: Rezone (2978 N. OLD MISSOURI RD./KEENAN, 253/254): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 2978 N. OLD MISSOURI RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 4.88 acres. The request is to rezone 1.12 acres to NS-G, NEIGHBORHOOD SERVICES. RECOMMENDATION: The Planning Commission and City staff recommend approval of the request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The proposed rezoning request is for approximately 1.12 acres of a larger 4.88 parcel located in northeast Fayetteville, one lot north of N. Old Missouri Road's intersection with E. Old Wire Road. The property is largely undeveloped, with its defining feature being the Keenan Treehouse, an 80-foot house visible above the site's tree canopy. A less -apparent characteristic of the property is a 36-inch water main that bisects the property from north to south. The property's low -density single-family zoning designation appears to have been in place since the property's 1967 annexation, and exists today as RSF-4, Residential Single-family, 4 Units per Acre. Request: The request is to rezone a portion of the property, totaling approximately 1.12 acres, from RSF-4, Residential Single-family, 4 Units per Acre to NS-G, Neighborhood Services — General. The intent is to use the extents of the existing NS-G zoning to the north as a guide and the large, buried water transmission line as a boundary between densities and land uses. That said, the applicant has not shared a specific plan other than to develop this area similarly to property zoned NS-G to the north, which is itself currently undeveloped. Public Comment: Staff has received inquiries about the request, but no comment in opposition or favor of the proposal. Land Use Compatibility: Staff finds the proposed zoning to be compatible with the variety of surrounding land uses, both existing and potential. The NS-G zoning district is intended to serve as both a means to encourage small-scale mixed use into residential areas and to introduce purely nonresidential or medium density residential developments in to existing or single use neighborhoods. NS-G allows residential structures of no more than three stories, no more than Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 four attached units, and heightened setbacks when adjacent to a single-family property. Similarly, nonresidential units are subject to the same height and setback standards while also being limited to 8,000 square feet for commercial uses. On the subject property, these standards will encourage development closer to N. Old Missouri Road where it can complement the nonresidential, institutional, and attached residential housing already present on the street. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map designation of this property as a City Neighborhood Area. The NS-G zoning district at this location will encourage a pattern of development that includes an expectation that buildings will address the street and non-residential uses be located along major corridors. A mixture of residential and commercial uses is typical in the traditional urban pattern that informs the City Neighborhood Area designation, and NS-G offers this at a smaller scale and lower intensity more fitting for an established part of Fayetteville. In an infill area like the subject property, it is appropriate to establish entitlements that promote compact, complete, and connected neighborhoods as a foundation to reducing vehicle trips and leveraging existing infrastructure. Staff finds rezoning to NS-G will encourage an environment that is appealing to pedestrians and reduce the visual impact of parking areas. Further, as a property outside the Hillside -Hilltop Overlay district, with no hydric soils, no protected streams, and no FEMA floodplain, the site presents an ideal opportunity for appropriately scaled development outside of designated sensitive areas. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6-7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N. Crossover Rd.) • Near Sewer Main (E. Wilkins PI.) • Near Water Main (N. Old Missouri Rd.) • Near School (Butterfield Elementary) • Near City Park (Gulley Park) • Near Paved Trail (Niokaska Trail) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the December 13, 2021 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Canada seconded. Commissioners commented on the large numbers of homes in the area with limited access to goods and services without driving to College. Additionally, it was asserted that developing the property may improve overall walkability in the area. No public comment was made at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2021-000079 Close Up View O 4 3 NN O R-O O � � HS•PL - NS-G OP WIRE RD , Neighborhood Link Trail (Proposed) Planning Area ;- - - Fayetteville City Limits Keenan Subject Property Remain RSF-4 Feet 0 75 150 300 450 1 inch = 200 feet RSF-4 M. N-2021-000079 EXHIBIT 'A' NORTH Zoninq Acres NS-G 1.1 RSF-4 3.6 Total 4.7 RZN-2021-000079 EXHIBIT 'B' LEGAL DESCRIPTIONS PARCEL #765-16065-018 A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 36 TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S47°39'53"W 934.56 FEET AND S47°19'01"W 108.42 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE S47°19'01"W 927.89 FEET TO THE NORTHEASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 3 COURSES: N11°30'52"W 191.94 FEET; N13°31'05"W 242.54 FEET; N14°27'45"W 35.17 FEET; THENCE LEAVING SAID RIGHT OF WAY ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 75°00'11", HAVING A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEARS N39°58'50"E 30.44 FEET; THENCE N77°28'55"E 485.33 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH 29°58'42", HAVING A RADIUS OF 175.00 FEET, AND WHOSE LONG CHORD BEARS N62-29'34"E 90.52 FEET; THENCE N47°30'13"E 157.03 FEET; THENCE S42°29'47"E 142.81 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 4.96 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. AREA TO BE RE -ZONED AS NS-G: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, BEING MORE PAR5TICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S47°39'53"W 934.56 FEET; S47°19'01"W 108.42 FEET; N42°29'47"W 142.81 FEET; S47°30'13"W 157.03 FEET; ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 175.00 FEET AND A CHORD BEARING AND DISTANCE OF 362°29'34"W 90.52 FEET; AND S77°28'55"W 266.98 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 00°23'24", HAVING A RADIUS OF 1364.56 FEET, AND A CHORD BEARING AND DISTANCE OF S12°53'45"W 9.29 FEET; THENCE S10°16'42"W 100.98 FEET; THENCE S08°47'24"W 52.15 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 12°37'42", HAVING A RADIUS OF 968.96 FEET, AND A CHORD BEARING AND DISTANCE OF S16°06'17"W 213.13 FEET; THENCE S28°43'07"W 40.89 FEET; THENCE S22°50'03"W 27.37 FEET; THENCE S23°36'51"W 55.19 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 3 COURSES: N11°30'52"W 138.64 FEET; N13°31'05"W 242.54 FEET; N14°27'45"W 23.77 FEET; THENCE LEAVING SAID RIGHT OF WAY S87°14'50"E 83.57 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 25°31'32", HAVING A RADIUS OF 150.00 FEET, AND A CHORD BEARING AND DISTANCE OF N79°59'24"E 66.27 FEET; THENCE N67°13'38"E 59.92 FEET; THENCE N04°33'25"E 28.59 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 01°39'55", HAVING A RADIUS OF 608.69 FEET, AND A CHORD BEARING AND DISTANCE OF N05°23'23"E 17.69 FEET; THENCE N77°28'55"E 22.49 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 1.12 ACRES OR 48,858 SQUARE FEET, MORE OR LESS. AREA TO REMAIN RSF-4: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, BEING MORE PARSTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S47°39'53"W 934.56 FEET AND S47°19'01"W 108.42 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE S47°19'01"W 927.89 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY N11°30'52"W 53.30 FEET; THENCE LEAVING SAID RIGHT OF WAY N23°36'51"E 55.19 FEET; THENCE N22°50'03"E 27.37 FEET; THENCE N28°43'07"E 40.89 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 12°37'42", HAVING A RADIUS OF 968.96 FEET, AND A CHORD BEARING AND DISTANCE OF N16°06'17"E 213.13 FEET; THENCE N08°47'24"E 52.15 FEET; THENCE N10°16'42"E 100.98 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 00°23'24", HAVING A RADIUS OF 1364.56 FEET, AND A CHORD BEARING AND DISTANCE OF N12°53'45"E 9.29 FEET; THENCE N77°28'55"E 266.98 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 29°58'42", HAVING A RADIUS OF 175.00 FEET, AND A CHORD BEARING AND DISTANCE OF N62°29'34"E 90.52 FEET; THENCE N47°30'13"E 157.03 FEET; THENCE S42°29'47"E 142.81 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 3.60 ACRES OR 156,962 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. 1p".- - TO: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE City of Fayetteville Planning Commission Jonathan Curth, Development Services Director December 13, 2021 (Updated with Planning Commission Results) SUBJECT: RZN-2021-000079: Rezone (2978 N. OLD MISSOURI RD./KEENAN, 253/254): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 2978 N. OLD MISSOURI RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 4.88 acres. The request is to rezone 1.12 acres to NS-G, NEIGHBORHOOD SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2021-000079 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN-2021-000079 to City Council with a recommendation for approval." BACKGROUND: The proposed rezoning request is for approximately 1.12 acres of a larger 4.88 parcel located in northeast Fayetteville, one lot north of N. Old Missouri Road's intersection with E. Old Wire Road. The property is largely undeveloped, with its defining feature being the Keenan Treehouse, an 80 foot house visible above the site's tree canopy. A less -apparent characteristic of the property is a 36-inch water main that bisects the property from north to south. The property's low -density single-family zoning designation appears to have been in place since the property's 1967 annexation, and exists today as RSF-4, Residential Single-family, 4 Units per Acre. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped NS-G, Neighborhood Services, General; RSF-4, Residential Single -Family, 4 Units per Acre South Oak Manor Christian Church RSF-4, Residential Single -Family, 4 Units per Acre East Oak Manor Christian Church RSF-4, Residential Single -Family, 4 Units per Acre First Church of the Nazarene; R-O, Residential Office; West Two-family Residential RSF-4, Residential Single-family, 4 Units per Acre; RI-12, Residential Intermediate, 12 Units per Acre Request: The request is to rezone a portion of the over all property, totaling approximately 1.12 acres, from RSF-4, Residential Single-family, 4 Units per Acre to NS-G, Neighborhood Services — General. The intent is to use the extents of the existing NS-G zoning to the north as a guide and the large, buried water transmission line as boundary between densities and land uses. That Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 1 of 15 said, the applicant has not shared a specific plan other than to develop this area similarly to property zoned NS-G to the north, which is itself currently undeveloped. Public Comment: Staff has received inquiries about the request, but no comment in opposition or favor of the proposal. INFRASTRUCTURE: Streets: The subject area has frontage along N. Old Missouri Road, a partially improved Neighborhood Link street with asphalt paving, curb and gutter and sidewalk along the west side of the street. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 6-inch water main is present on the west side of N. Old Missouri Road. Additionally, a 36-inch transmission main crosses the property, but is not accessible for connection. Sewer: Sanitary Sewer is not immediately available to the subject area. The nearest sanitary sewer main is approximately 200 feet to the southwest. Drainage: No part of the parcel lies within the Hillside Hilltop Overlay District (HHOD), a FEMA designated floodplain, a Streamside Protection Zone, or in an area of hydric soils. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Station 5, located at 2979 N. Crossover Road, protects this site. The property is located approximately 1.3 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. This is within the response time goal of 6 minutes for an engine and the 8-minute response time goal for a ladder truck. Police: The Police Department did not express any concerns with this request. Tree Preservation: The proposed zoning district of NS-G, Neighborhood Services -General requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single-family, 4 Units per Acre requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone primarily as a City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 2 of 15 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a mixed score of 6-7 for this site, with a weighted score of 7_5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N. Crossover Rd.) • Near Sewer Main (E. Wilkins PI.) • Near Water Main (N. Old Missouri Rd.) • Near School (Butterfield Elementary) • Near City Park (Gulley Park) • Near Paved Trail (Niokaska Trail) • Appropriate Future Land Use (City Neighborhood) • Within Master Plan Area (Fayette Junction Neighborhood Plan) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed zoning to be compatible with the variety of surrounding land uses, both existing and potential. The NS-G zoning district is intended to serve as both a means to encourage small-scale mixed use into residential areas and to introduce purely nonresidential or medium density residential developments in to existing or single use neighborhoods. NS-G allows residential structures of no more than three stories, no more than four attached units, and heightened setbacks when adjacent to a single-family property. Similarly, nonresidential units are subject to the same height and setback standards, and are limited to 8,000 square feet for commercial uses. On the subject property, these standards will encourage development closer to N. Old Missouri Road where it can complement the nonresidential, institutional, and attached residential housing already present on the street. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map designation of this property as a City Neighborhood Area. The NS-G zoning district at this location will encourage a pattern of development that includes an expectation that buildings will address the street and non- residential uses be located along major corridors. A mixture of residential and commercial uses is typical in the traditional urban pattern that informs the City Neighborhood Area designation, and NS-G offers this at a smaller scale and lower intensity more fitting for an established part of Fayetteville. In an infill area like the subject property, it is appropriate to establish entitlements that promote compact, complete, and connected neighborhoods as a foundation to reducing vehicle trips and leveraging existing infrastructure. Staff finds rezoning to NS-G will encourage an environment that is appealing to pedestrians and reduce the visual impact of parking areas. Further, as a property outside the Hillside -Hilltop Overlay district, with no hydric soils, no protected streams, and no FEMA floodplain, the site presents an ideal opportunity for appropriately -scaled development outside of designated sensitive areas. Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 3 of 15 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to NS-G. The compatibility of the request with adjacent properties and the general alignment of the request with the Future Land Use Map and City Plan 2040's goals suggest a rezoning to allow limited nonresidential and more diverse residential development at this location is suitable and justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The property's location between multiple streets that connect to nearby major corridors suggests traffic to and from this property will be dispersed, thereby limiting congestion. Similarly, four accidents have been reported between 2015-2019 along this property's approximately 500-foot frontage of N. Old Missouri Road. Expanding further, none of the accidents reported over the same period, from E. Rolling Hills Drive to the north to N. Old Wire Road in the south have indicated injury. Combined, these factors suggest to staff that there is not a present traffic danger nor reason to anticipate one. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to NS-G undoubtably carries an associated potential to increase population density, as NS-G increases the allowed density from four to 18 units per acre. With immediate access to water and sanitary sewer in near proximity, staff does not anticipate a need for lengthy main extensions that may pose a heightened maintenance issue into the future. Additionally, staff has received no comment from the Fayetteville School District. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000079 to the City Council with a recommendation of approval. Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 4 of 15 PLANNING COMMISSION ACTION: Required YES Date: December 13, 2021 O Tabled ® Forwarded O Denied (Motion: Belden, recommending approval (Second: Canada j Vote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre o §161.19 — Neighborhood Services -General • Request letter • Zoning Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 5 of 15 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 1 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 6 of 15 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 13 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 7 of 15 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b I General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 1 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None Mailing Address: Planning Commission 113 W. Mountain Street www.fayette9flfW_V.�d� , 2021 Fayetteville, AR 72701 Agenda Item 22 RZN-21-000079 Keenan Page 8 of 15 (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the feet (zero lot line) is front property line and a permitted on one line 25 feet from the interior side, provided a front property line. maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 13 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 9 of 15 JORGENSEN +ASSOCIATES Civil Engineering Surveying November 23, 2021 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Kennan Rezoning RZN-2021-000079 Request Letter This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: 124 W Sunbrldge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Fax: 479.582.4807 www.jorgensenassoc.com a. 765-16065-018 (JTK Trust) 4.88 acres but we are looking to rezone only 1.20 acres. B. Currently this property is zoned RSF-4. The reason for the requested NSG (Neighborhood Services General) zoning is to develop the site similar to the NSG north of it. C. The properties to the north are zoned NSG, to the east is RSF-4, South is RSF-4, and to the west there are numerous properties nearby that are zoned RI-12, RSF-4 & R-o FF-24 which are similar zonings in use and intensity. We feel the proposed use of NSG will not adversely impact adjacent land uses and is in close proximity to adequate roads for ingress and egress. It would be an adequate use for this area. D. Existing water and sewer already installed to serve these lots. E. We feel the requested zoning is in line with the goals of the City Plan 2030 for rezoning and development. F. NSG fits in to similar properties in the area. G. Numerous Roads in close proximity and will have ample capacity to carry the traffic. H. The potential to increase the population density in this area as a result of this rezoning would not undesirably increase load on public services. I. NSG is an appropriate zoning for this area. Please review this application and let us know if there are any questions that we may be able to answer. Thanks. Jorgensen + Associates Planning Commission December 13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 10 of 15 N Z N 0 O (p 3 (Q 4 Q CD C CID CID W O 7 3 NO N N N 1. CURRENT ZONING: NS-G & RI 2. PARCEL NUMBER: 765-1609-018. 3. OWNER & DEVELOPER: JTK MUST; JAMES T. & JAMES F. KEENAN -2978 NORTH OLD MISSOURI ROAD, FAWIFTENMU, ARE 4. ROTATION BASED ON ARKANSAS STALE PLANE GRID NORTH ZONE (NAD83). 5. BOUNDARY BASED ON CONCURRENT PLAT FOR JAMES KEENAN FILED AS INSTRUMENT #024A-00000251. 6. THIS PROPERTY IS NOT AFFECTED BY ME 100 YEAR ROOD PLAIN AS PER FIRM #05143CO210F DATED MAY 16, 2008. 7. CITY PLAT BOOK PAGE 253 & 254 RZN-2021-000079 Zoning Exhibit N GRAPHIC SCALE ( IN FEET ) W E 1 inch = 50 ft S F 765-16065-020 (ZONING: RSF4) 765-16065-020 (ZONING: RSF-4) NE CORNER SW 1/4, NE 1/4 36-17-30 FOUND STONE POINT OF COMMENCEMENT ALL DESCRIPTIONS Qom- a/ PARCEL#765-16065-018 37 765-16665-020 & AREA TO REMAIN RSF-4 P` L: (ZoxING: RSF-4) R: 17^a/ / 75.05.00' (ZO9-000 Pl'98' (ZONING: flSF-4) 765-16065-120 I (N 77 28.5'4 a 'y (ZONING: NI 2249. POINT OF BEGINNING P AREA TO BE RE -ZONED NS-G PL' L=9.29' a L=1].69' R=1364.56' P�P19586R=608.fi9' �m / 'n t1\ L: 32.73' R=15000 5' S9< / 'Lp�'11 R: 25.00' lON\N SbN \335 I TOWER a \q 4 71' I GPSFx '..I n d4: N14 2 'a5"W F9�i°i4'Sa'u9 g 3]'' 35.17' ��mf \1is IO` A 765-11111-000 1 u (ZONING: RI & R-0) t ]65-160fi0 R- (ZONING'. RSF-0d R-O) G p 9\1!j AWN 1 7 v f _ 1 p e y\Y O A 765-16061-1261 I (ZONING: RT-12) A Propoed to NS-G I ]OWING: 1-100 1 (ZONING: RT-12) 1/1X`/S' ]fi5-1fi061-101 (ZONING; RT-12) 1 36-17-30 Part Of 765-16059-ON NE 1/4 SW 1/4 X (ZONING: RSH) SWCORNER ' SW1/4, NE1/4 3'I7-30 FOUND STONE 765-16051-U00 S BONING: RSF4) PARCEL #765-16065-018 215,929 SO. FEET± 4.96 ACRES -_ 765-16059-OW (ZONING: RSFA) PARCEL #765-16065-018 APART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, PART OFTHE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 36 TOWNSHIP 17 NORTH, RANGE 3O WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AN FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF THE SAID SCUTHV/EST QUARTER OFTHE NORTHEAST QUARTER, AND RUNNING S4T'39'SM 934.56 FEET AND S4719'01N! 108.42 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE 54i19015V ENS9 FEET TO THE NORTHEASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY ME FOLLOWING 3 COURSES; N111052W 191.94 FEET; N13'31'C5'W 242 54 FEET: N142745W 35.1] FEET: THENCE LEAVING SAID RIGHT OF WAY ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 75'OV11', HANNG A RADIUS OF 25.00 FEET, AND WHOSE LONG CHORD BEAR$ N39'H50"E UG44 FEET; THENCE N771855"E 485.33 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH 29-5642, HAVING A RADIUS OF 175.00 FEET, ANO WHOSE LONG CHORD BEARS N6219N'E 90.52 FEET; THENCE N47-30'13E 15].03 FEET; THENCE S4219'47'E 142.81 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 4.96 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. AREA TO BE HEZONEDAS NS-G: APART OF THE SOUTHWEST QUARTER OF THE NORTHEAST OUARTER, A PART OF THE NORTHEAST QUARTER OF ME SOUTHWEST QUARTER AND APART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, ALL IN BECTON 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, BEING MORE PAR5TICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OFTHE NORTHEAST DUARTER, AND RUNNING S4rM'S3V 934.56 FEET; S47'1901'W 100 42 FEET; N4219'47'W 142.81 FEET', S47'30'1 NW 157,03 FEFT; ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 175.00 FEET AND A CHORD BEARING AND DISTANCE OF-29'34'4N 90.52 FEET; AND 577-2855"W 266.98 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE ALONG A CURVE TURNING TO THE LEFT, THROUGH AN ANGLE OF 00-2324" HAVING A RADIUS OF 1364.56 FEET, AND A CHORD BEARING AND DISTANCE OF SI2'53'45"W 929 FEET; THENCE SI016'42"W 100.98 FEET; THENCE S08"4724W 52.15 FEET; THENCE ALONG A CURVE TURNING TO THE RIGHT, THROUGH AN ANGLE OF 12'3T42', HAVING A RADIUS OF 968.96 FEET. AND A CHORD BEARING AND DISTANCE OF S16°06'17W 213.13 FEET; THENCE 52W4397V 40.89 FEET; THENCE 522'5G03"W 27.37 FEET; THENCE 523"3651 V/ 5519 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 3 COURSES: N11'30'S2"W 138.64 NET, El Y31.05V 242.54 FEET; N14'2745"W 2-FEET THENCE LEAVING SAID RIGHT OF WAY SB7°14'S9E 83.57 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 25-3132", HAVING A RADIUS OF 150.00 FEET, AND A CHORD BEARING AND DISTANCE OF N79S924'E 66.27 FEET; THENCE N67-1338E 59.92 FEET; THENCE N0413'25E 28.59 FEET; THENCE ALONG A CURVE TURNING TOME RIGHT, THROUGH AN ANGLE OF 01-3955", HAVING A RADIUS OF 608.69 FEET, AND A CHORD BEARING PND DISTANCE OF N05-23231 17,69 FEET; THENCE N77-28'55"E 22.49 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 1.12 ACRES OR 48,858 SQUARE FEET. MORE OR LESS. AREA TO REMAIN RSF.4: A PART OF THE SOUTHWEST QUARTER OF THE NOR EAST QUARTER, A PART OF THE NORTHEAST OUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE SOUTHEAST GUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 36 TOWNSHIP 17 NORTH RANGE 30 WEST WASHINGTON COUNTY BEING MORE PAR5TICULADLY DESCRIBED AS FOLLOWS'. COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND RUNNING S4T39'53W 934.56 FEET AND G4 9-01'W 108.42 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE S47.19.01 V 927 89 FEET TO THE EASTERN RIGHT OF WAY OF OLD MISSOURI ROAD, AND RUNNING ALONG END RIGHT OF WAY N11°3052"W 53.30 FEET; THENCE LEAVING SAID RIGHT OF WAY N23'36511E 55.19 FEET', THENCE N22-5903-E 27.37 FEET; THENCE N28'43O7'E 40.89 FEET; THENCE ALONG A CURVE TURNING TO ME LEFT, THROUGH MANGLE OF 121742', HAVING A RADIUS OF 968,96 FEET, AND A CHORD BEARING AND DISTANCE OFN16°O6'1TE 213.13 FEET; THENCE N08°4)R4'E 52.15 FEET; THENCE N10'16'42-E 100.98 FEET; THENCE ALONG A CURVETURNING TO THE RIGHT, THROUGH AN ANGLE OF OV23'24', HAVING A RADIUS OF 1364.56 FEET, AND A CHORD BEARING AND DISTANCE OF N12-63'RST 9.29 FEET; THENCE N-855-E 266.98 FEET; THENCE ALONG A CUM TURNING TO THE LEFT, THROUGH MANGLE OF 29'5842", HAVING A RADIUS OF 175.00 FEET, AND A CHORD BEARING AND DISTANCE OF N62°29'34'E 90.52 FEET; THENCE N47'3913'E 157.03 FEET', THENCE S42-2947E 142.81 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 3.60 ACRES OR 156,962 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. RZN-2021-000079 One Mile View ROLLING jt ILLS DR Keenan 0 0.125 0.25 0.5 Miles TOWNSHIP ST Regional Link Neighborhood Link Planned Neighborhood Link — — — Shared -Use Paved Trail - - - Trail (Proposed) �- - -, Fayetteville City Limits Planning Area Planning Area Fayetteville City Limits ■ ■ RSF-4 NORTH 1 Y } ARE RD f. QLU O�O o� I a� 1 m 1 / 'd I AlI Subject Property / RPZD / O / N ! N Z O n do i op o. Zoning RESIDENTIAL SINGLE-FAMILY Y Genera In .-I EXTRACTION NI-G E-1 Ri-u COMMERCIAL Ritz Res noe�ofnae W NB-L C Resitlentiel-ggriaulturel title C- RSF-.5 �C3 RSF-t FORM BASED DISTRICTS RSF-Y Co re RBF4 ur rougnfnre RSF-1 �Mal�n 9Treet Center RSF-s �oowmown Generni RSF-ta cororonmry servmes RES ID ENTIAL MULTIFAMILY Neignoomootl Services Nel:'—ftotl Conservntlon tl PLANNED ZONING DISTRICTS RIF-24 .ro rnn I tln ,W R-tlent. INS R.F-4o PITUTIONAL INDUSTRIAL Planning Co ro ronI— Lgntntl,WW m 3. ssion 2021 Agenda Item 22 RZN-21-000079 Keenan Page 12 of 15 RZN-2021-000079 Keenan Close Up View Subject Property] �'FIC• n � t Proposed RSF-4 N S-G PL ti RI-1 2 t OLD WIRE Rp` Neighborhood Link Trail (Proposed) Planning Area ;- - - Fayetteville City Limits Feet 0 75 150 300 450 1 inch = 200 feet RSF-4 M. A& NORTH Zoninq Acres NS-G 1.1 RSF-4 3.6 Total 4.7 Planning n,. ssion 2021 Agenda Item 22 RZN-21-000079 Keenan Page 13 of 15 RZN-2021-000079 Current Land Use Institutional Keenan NORTH Undeveloped Subject Property^^. Single Family Residential D WIRE R� Single Family Residential it Neighborhood Link Planned Neighborhood Link Feet - - - Trail (Proposed) 0 112.5 225 450 675 Planning Area 1 inch = 300 feet L — — ' Fayetteville City Limits FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Conlmission ^ p1owbop13, 2021 Agenda Item 22 RZN-21-000079 Keenan Page 14 of 15 RZN-2021-000079 Future Land Use FURMAN ST— ROLLING HILI QgkC41, N Q 2 O 2 )Q Q 2 C.) OQ U �Q Neighborhood Link Planned Neighborhood Link Planning Area �- - -, Fayetteville City Limits Trail (Proposed) Civic and Private Open Space 0 145 290 Keenan ♦' Residential Neighborhood F r z STRAVV. O?,1 OLD WIRERO \STANWYK�D I OR �•( GROVE CIRBONNE O � r m Feet 580 870 1,160 1 inch = 400 feet NORTH Natural City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center ssion 2021 Agenda Item 22 RZN-21-000079 Keenan Page 15 of 15 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1039 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: CA AMEND § 151.01 DEFINITIONS, § 164.19 ACCESSORY DWELLING UNITS (ADU) AND §164.22 CLUSTER HOUSING DEVELOPMENT: AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, § 164.19 ACCESSORY DWELLING UNITS (ADU) AND § 164.22 CLUSTER HOUSING DEVELOPMENT OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO AMEND REQUIREMENTS FOR ACCESSORY DWELLING UNITS WHEREAS, the regulatory requirements placed by the City of Fayetteville on Accessory Dwelling Units (ADUs) have resulted in a continuation of permitted or constructed units lower than staff anticipated and well below the potential to meaningfully impact housing options; and WHEREAS, many property owners are looking for sources of income to pay mortgages and rising property taxes, and ADUs can serve this purpose while also contributing to the citywide variety of housing options in otherwise low -density areas; and WHEREAS, ADUs can promote incremental increases in housing and density and complement existing housing stock in term of scale and impact and can also afford existing property owners the opportunity to stay in their homes and not disrupt the fabric of the overall community; and WHEREAS, these amendments, which the Planning Commission forwarded to the City Council with a unanimous vote recommending approval, will allow increased flexibility in the ADU development standards to encourage additional use of this housing type throughout the city, thereby increasing access to affordable and attainable housing types. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by repealing the definition of "Accessory Use or structure" and enacts a new definition as follows: "Accessory use or structure. A use or structure on the same lot with, of a nature and size of 50% or less, and customarily incidental and subordinate to, the principal use or structure. An accessory dwelling is not subject to the 50% size limit in relation to a principal use or structure." City of Fayetteville, Arkansas Page 1 Printed on 1212912021 File Number: 2021-1039 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by repealing the definition of "Dwelling, accessory (zoning, supplemental zoning)" and enacting a new definition as follows: "Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a single- or two-family structure." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (D)(4) in § 164.19 Accessory Dwelling Units (ADU) by changing the maximum number of detached ADUs from "one (1)" to "two (2)" as follows: "(4) Maximum Number of Accessory Dwelling Units per Lot. A maximum of two (2) detached and one (1) attached or interior accessory dwelling unit provided the combined square footage does not exceed 1,200 square feet." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (D)(7)(b) in § 164.19 Accessory Dwelling Units (ADU) and enacts a new (D)(7)(b) as follows: "(b) An attached accessory dwelling unit may occupy a basement, first or second story of a principal dwelling unit." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (E)(7) in § 164.22 Cluster Housing Development and enacts a replacement (E)(7) as follows: "(7) Accessory Dwelling Units. Accessory dwelling units are permitted in cluster housing developments by conditional use. Where a cluster housing development is permitted as a conditional use, accessory dwelling units may be requested within the same application.' City of Fayetteville, Arkansas Page 2 Printed on 1212912021 City of Fayetteville Staff Review Form 2021-1039 Legistar File ID 1/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 12/17/2021 LONG RANGE PLANNING (634) Submitted By Submitted Date Division / Department Action Recommendation: ADM-2021-000070: Administrative Item: (Amend UDC Chapter 164 - Accessory Dwelling Units): Submitted by CITY STAFF AND THE PLANNING COMMISSION. The proposed code change would amend requirements for ADUs allowing three ADU's per property, ADU's in association with duplexes, ADU roof lines higher than the property's principal structure, ADU's as a conditional use in cluster housing developments, and removing the size limit related to the principal structure. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JANUARY 4, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director Fayetteville Planning Commission DATE: December 17, 2021 CITY COUNCIL MEMO SUBJECT: ADM-2021-000070: Administrative Item: (Amend UDC Chapter 164 - Accessory Dwelling Units): Submitted by CITY STAFF AND THE PLANNING COMMISSION. The proposed code change would amend requirements for ADUs allowing three ADU's per property, ADU's in association with duplexes, ADU roof lines higher than the property's principal structure, ADU's as a conditional use in cluster housing developments, and removing the size limit related to the principal structure. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to §151.01, Definitions, §164.19, Accessory Dwelling Units, and §164.22 Cluster Housing Development, of the Unified Development Code, as described within this report. BACKGROUND: Beginning in 2008, Fayetteville enacted an ordinance to address housing needs and encourage appropriate infill through accessory dwelling unit (ADU) construction. Initial efforts met with limited success, as measured by the small number of ADUs. Between 2008 and 2018, 1-2 ADU applications were made annually. The primary reasons identified for this included the original ordinance's requirement for separate utility metering, deed restriction mandating the owner would live on the property, and minimum parking standards, regardless of ADU size. Subsequently, in 2018 the City Council repealed the 2008 ordinance and replaced it. Along with numerous other changes, deed restrictions were removed, parking standards were loosened, shared utility metering was allowed, and up to two ADUs were permitted with a single-family detached home. These changes saw an increase in ADU permits and construction, with the average annual number of permitted units increasing to nine. However, these still represent a small proportion of the housing needs within Fayetteville. With adoption of City Plan 2040, Fayetteville's comprehensive plan, the overall goal to "create opportunities for attainable housing" and the specific objective to "make housing relatively more affordable by influencing cost of living items" were affirmed. Reducing restrictions on the ability to creatively build infill housing, including various types of ADUs, can increase the availability of different types of housing stock through lower up -front costs for construction and property Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 acquisition. This, in turn, may lower the cost of rental units citywide, and especially in already developed, walkable downtown areas. DISCUSSION: The regulatory requirements placed by the City of Fayetteville on ADUs have resulted in a continuation of permitted or constructed units lower than staff anticipated and well below the potential to meaningfully impact housing options. Staff has seen the lack of affordable and flexible housing play out in real time while working through the short-term rental ordinance coupled with the supply -chain and affordability issues highlighted during the COVID-19 pandemic. Many property owners are looking for sources of income to pay mortgages and rising property taxes, and ADUs can serve this purpose while also contributing to the citywide variety of housing options in otherwise low -density areas. With well over half of Fayetteville zoned exclusively for single-family homes, ADUs can promote incremental increases in housing and density and complement existing housing stock in term of scale and impact. ADUs can afford existing property owners the opportunity to stay in their homes and not disrupt the fabric of the overall community. The proposed ordinance revisions represent a continuation of the gradual easing in Fayetteville's ADU standards that began in 2008. At that time, the onerous requirements summarized above hamstrung ADU construction. The adopted changes in 2018 reduced regulation, but clearly not to the extent anticipated, as demonstrated by permit numbers averaging 9 ADUs a year. This amendment represents a next step, with changes including: • Revise the definition of an "accessory use or structure" to exempt accessory dwelling units from the size limit in relation to a property's principal dwelling. • Revise the definition of "dwelling, accessory" to permit accessory dwelling unit construction in association with 2-family dwellings. • Allow three accessory dwellings, two detached and one attached, per lot. • Remove the height limitation on second -story attached accessory dwellings where the roofline may exceed that of the principal dwelling. • Permit accessory dwelling units as a conditional use within cluster housing developments where they are currently prohibited. Ultimately, the focus of this revision is to allow increased flexibility in the ADU development standards to encourage additional use of this housing type throughout the city, thereby increasing access to affordable and attainable housing types. At their October 25, 2021 meeting, the Planning Commission expressed concern that the amendment staff proposed did not reflect the full extent of issues identified by the Long -Range Committee. Additional changes were outlined to staff before the item was tabled to afford time to make revisions. At the subsequent public hearing on November 8, 2021, the Planning Commission evaluated the amendment described above before forwarding to the City Council, recommending approval. Commission Belden made the motion to forward with Commission Canada providing the second. A vote of 9-0-0 followed. Discussion was held on all aspects of the amendment, with particular focus on potential revisions to the off-street parking requirements for ADUs. Ultimately the Commission determined that the current standard for one off-street space for units over 800- square feet is appropriate. No public comment was made at either Planning Commission meeting or the preceding Long -Range Committee meetings. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Proposed Ordinance Amendment in Strikeout/Highlight 151.01 Definitions EXHIBIT `A' ADM-2021-000070 A Accessory use or structure. A use or structure on the same lot with, of a nature and size of 50% or less, and customarily incidental and subordinate to, the principal use or structure. An accessory dwelling is not subject to the 50% size limit in relation to a principal use or structure. la Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a single- or two-family structure. 164.19 Accessory Dwelling Units (ADU) (C) (1) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to serve the accessory dwelling unit. (D) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards for administrative approval by the Zoning and Development Administrator. Prior to approval of an accessory dwelling unit, the Zoning and Development Administrator shall find that: (4) Maximum Number of Accessory Dwelling Units per Lot. A maximum of two (2) detached and one (1) attached or interior accessory dwelling unit provided the combined square footage does not exceed 1,200 square feet. (7) Building Height and Stories. (b) An attached accessory dwelling unit may occupy a basement, first or second story of a principal dwelling unit. CI 164.22 Cluster Housing Development (E) Zoning Regulations. The parent tract prior to development shall conform to the zoning criteria of the underlying zoning district. (7) Accessory Dwelling Units. Accessory dwelling units are permitted in cluster housing developments by conditional use. Where a cluster housing development is permitted as a conditional use, accessory dwelling units may be requested within the same application. 151.01 Definitions Proposed Ordinance Amendment in Strikeout/Highlight A Accessory use or structure. A use or structure on the same lot with, of a nature and size of 50% or less, and customarily incidental and subordinate to, the principal use or structure. An accessory dwelling is not subject to the 50% size limit in relation to a principal use or structure. la Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a single- or two-family structure. (Code 1965, §§13A-1; 13B-1; 17B-7(a0, 19-24, 1713-2; App. A, Art. 17; App. B, §1; App. C, Art. 1, §D; Ord. No. 1509, 8-8-66; Ord. No. 1747, 6-20-70; Ord. No. 1790, 3-15-71; Ord. No. 1801, 6-21-71; Ord. No. 1859, 3-20-72; Ord. No. 1893, 12-19-72; Ord. No. 1998, 5-7-74; Ord. No. 2581, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 2753, 8-18-81; Ord. No. 2789, 1-18-82; Ord. No. 2934, 8- 2-83; Ord. No. 2948, 9-20-83; Ord. No. 3011, 6-5-84; Ord. No. 3024, 8-21-84; Ord. No. 3231, 12-2-86; Ord. No. 4024, §2, 3-28- 87; Ord. No. 3298, 10-6-87; Code 1991, §§98.60, 118.01, 150.02, 156.001, 156.065, 158.03, 158.35, 159.04, 160.002, 160.096(A), 160.121, 161.06, 162.02, 163.02; Ord. No. 3551, 6-4-91; Ord. No. 3138, 11-5-85; Ord. No. 3165, 2-4-86; Ord. No. 3699, §2, 4-20-93; Ord. No. 3780, §1, 4-19-94; Ord. No. 3794, §1 5-17-94; Ord. No. 3870, §1, 4-1-94; Ord. No. 3895, 6-20-95; Ord. No. 3901, §1, 2, 7-5-95; Ord. No. 3908, §1, 7-18-95; Ord. No. 3970, §1, 7-18-95; Ord. No. 3913, §1, 8-1-95; Ord. No. 3963, §1, 4-16-96; Ord. No. 3970, §1, 5-7-96; Ord. No. 3971, §1, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, 8-18-98; Ord. No. 4127, 12-15-98; Ord. No. 4178, 8-31-99; Ord. No. 4226, 2-15-00; Ord. No. 4285, 1-2-01; Ord. No. 4321, 6-19-01; Ord. No. 4340, 10-2-01; Ord. 4714, 6-21-05; Ord. No. 4817, 1-03-06; Ord. No. 4847, 3-7-06; Ord. No. 4855, 4-18-06; Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5056, 9-04-07; Ord. No. 5128, 4- 15-08; Ord. No. 5206, 12-16-08; Ord. No. 5238, 5-5-09; Ord. No. 5296, 12-15-09; Ord. No. 5304; 1-19-10; Ord. No. 5312, 4-20- 10; Ord. No. 5313, 4-20-10; Ord. No. 5327. 6-1-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5348, 9-7-10; Ord. No. 5375, 12-21-10; Ord. No. 5453, 10-18-11; Ord. No. 5490, 4-3-12; Ord. No. 5526 9-18-12; Ord. No. 5559, 01-03-13; Ord. No. 5592, 06-18-13; Ord. No. 5634, 11-05-13; Ord. No. 5653, 01-21-14; Ord. No. 5679, 4-15-14; Ord. No. 5735, 1-20-15; Ord. No. 5793, 8-18-15; Ord. No. 5866, §1, 4-5-16; Ord. No. 5888, §1, 6-21-16; Ord. No. 5901, §1, 9-6-16; Ord. No. 5951, §1, 2-7-17; Ord. No. 5986 , §3, 7-6-17; Ord. No. 6015 , §2, 11-21-17; Ord. No. 6087 , §1, 9-4-18; Ord. No. 6245 , §1, 10-15-19; Ord. No. 6350 , §2(Exh. A), 8-18-20; Ord. No. 6407 §1, 1-19-21; Ord. No. 6427, §§1(Exh. B), 2, 4-20-21; Ord. No. 6440, §1, 5-18-21; Ord. No. 6442, §7(Exh. G), 6-1-21; Ord. No. 6446, §2(Exh. A), 6-15-21) Editor's note(s)-Ord. No. 6427, § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 164.19 Accessory Dwelling Units (ADU) (A) Purpose. Accessory dwelling units are allowed in certain situations to: • Create new housing units while respecting the character and pattern of small scale traditional town form; • Increase the housing stock of existing neighborhoods in a manner that is compatible with established massing, scale, and development patterns; • Allow more efficient use of existing housing stock and infrastructure; • Provide a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; and • Provide a broader range of accessible and more attainable housing. (B) Intent. Planning staff shall evaluate the following criteria for the review and approval of an accessory dwelling unit application: (C) (1) ; ;The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to serve the accessory dwelling unit. (2) A two (2) story accessory dwelling unit shall limit the major access stairs, decks, entry doors, and major windows to the walls facing the principal dwelling, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard shall be minimized. (3) The orientation and location of buildings, structures, open spaces and other features of the site should protect and maintain natural resources including significant trees and shrubs to the extent feasible and minimize alteration of natural land forms. Building profiles, location and orientation should relate to natural land forms. (D) Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards for administrative approval by the Zoning and Development Administrator. Prior to approval of an accessory dwelling unit, the Zoning and Development Administrator shall find that: (1) Maximum Square Feet. The accessory dwelling unit(s) shall not be greater than 1,200 square feet of habitable space per lot. (2) Zoning. The accessory dwelling unit shall comply with all underlying zoning requirements including but not limited to building area, bulk and area, and setbacks with the exception of density limits. (3) Parking. For accessory dwelling unit(s) with individual or combined habitable space greater than 800 square feet, one (1) parking space shall be provided on -site. Required parking for the accessory dwelling unit is in addition to the required parking for the principal dwelling unit. On -street parking may be counted towards the total parking requirement where it is allowed in the public right-of-way adjacent to the subject property. (4) Maximum Number of Accessory Dwelling Units per Lot. A maximum of two (2) GRe-(1) detached and one (1) attached or interior accessory dwelling unit provided the combined square footage does not exceed 1,200 square feet. (5) Other Code Requirements. The accessory dwelling unit shall comply with the requirements of the Arkansas Fire Prevention Code as adopted in Section 173.02 of the Unified Development Code. (6) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of two (2) persons shall be permitted to reside in an accessory dwelling unit. If two (2) accessory dwelling units are on the same lot, only two (2) additional persons total for the lot shall be permitted to occupy these units unless one (1) accessory dwelling is occupied by a person who is a member of the related "family" (see §151.01) occupying the primary house. (7) Building Height and Stories. (a) A detached accessory dwelling unit shall be a maximum of two (2) stories. (b) An attached accessory dwelling unit may occupy a basement, first or second story of a principal dwelling unit Rd swill' RA-t b F..ii... th;1R %h reef IiRe „c Fh pFineipal awell:..g URM+ (E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a variance from the maximum requirements for size (square feet), height, and materials for an accessory dwelling unit, where unique circumstances exist and the effect will not adversely affect adjoining or neighboring property owners. The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (F) Existing Detached Second (Accessory) Dwelling Units. Existing detached second dwelling units approved by the Planning Commission by conditional use and constructed shall be considered a legal conforming accessory dwelling on the property. (Ord. No. 6076, §1, 8-7-18) Editor's note(s)—Ord. No. 6076, §1, adopted Aug. 7, 2018, repealed the former §164.19, and enacted a new §164.19 as set out herein. The former §164.19 pertained to similar subject matter and derived from Ord. No. 5128, adopted April 15, 2008; Ord. No. 5866, §2, adopted April 5, 2016. 164.22 Cluster Housing Development (A) Purpose. The purpose of the cluster housing development ordinance is to encourage innovation and variety in housing while ensuring compatibility with established neighborhoods, and to provide housing opportunities for a population diverse in age, income and household size. (B) Applicability. The provisions of this section shall apply to proposed cluster housing development proposals, as defined in Chapter 162, Use Units, and authorized by Chapter 161, Zoning Regulations of the Unified Development Code, however zoning and development regulations such as density, bulk and area, building area, street frontage requirements, lot splits and other standards for cluster housing development are enforced subject to the criteria adopted in this chapter. (C) Development Review Process. For the purpose of development review, cluster housing developments less than one (1) acre shall be processed as a site improvement plan. Cluster housing development on lots one (1) acre or larger shall be processed as a large scale development. If individual cluster housing unit lots are proposed and the proposal meets all of the requirements in this section, the subdivision shall be processed through the subdivision platting process as a lot split regardless of the number of lots created. (D) Dwellings Permitted. (1) Number of Cluster Housing Units Permitted. A cluster housing development shall contain a maximum of twelve (12) dwelling units. In multi -family zones where the proposed cluster housing development exceeds the minimum open space requirements of 164.22(G)(3)(a) by at least 20%, and in which at least 75% of the planned units are attached dwellings, there shall be no maximum number of dwelling units, except to conform to the density limitations herein. (2) Existing Nonconforming Structures. On a lot to be used for a cluster housing development, existing detached single-family residential structures, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cluster density. (E) Zoning Regulations. The parent tract prior to development shall conform to the zoning criteria of the underlying zoning district. (1) Permitted and Conditional Use. Cluster housing development is permitted as identified in Chapter 161, Zoning Regulations, as a permitted or conditional use. (2) Density. Cluster housing development permitted as a use by right shall be allowed a density in conformance with the underlying zoning district. Zoning districts that allow cluster housing developments as a conditional use shall be allowed a density not to exceed two (2) times the maximum density allowed in the underlying zoning district. (3) Bulk and Area Regulations. (a) Lot Width Minimum. There is no lot width requirement for individual cluster housing lots. (b) Lot Area Minimum. The lot area minimum for cluster housing lots is 750 square feet. (c) Land Area per Dwelling Unit. The land area per dwelling unit requirement is 750 square feet. (4) Setback Requirements. All structures shall meet setback and separation requirements of the International Building Code, as applicable. For zoning purposes: (a) In single family districts, all cluster housing units shall have a minimum separation from one another of ten feet measured from exterior wall to exterior wall, not counting eaves or other architectural projections. (b) In multi -family districts, there are no separation requirements from one cluster housing structure to another. (c) The setbacks from the exterior property lines of the original parent tract shall be set by the underlying zoning district. (5) Building Height Regulations. The height for all structures in a cluster housing development shall not exceed the permitted height requirement of the underlying zoning district. (6) Building Area. None. (7) Accessory Dwelling Units. Accessory dwelling units are wet permitted in cluster housing developments by conditional use. Where a cluster housing development is permitted as a conditional use, accessory dwelling units may be requested within the same application. (F) Common Property Maintenance. Community buildings, parking areas and common open space shall be owned and maintained commonly by the cluster housing development residents, through a condominium association, a homeowners' association or a similar mechanism, and shall not be dedicated to the city unless accepted by the City Council. (G) Development Standards. All cluster housing developments are subject to the following standards: (1) Floor Area. The total conditioned floor area of any individual cluster housing unit shall not exceed 2,500 square feet. (2) Building Orientation. A minimum of 75% of dwelling units in a cluster housing development shall be oriented around and face the common open space, a public trail or towards the street, having pedestrian access to the common open space and the street. Where a cluster housing unit fronts onto a public trail, the fagade facing the public trail shall be considered a principal fagade for the purposes of meeting design standards. (3) Open Space. (a) For units up to 1,500 square feet, a minimum of 250 square feet of common open space shall be provided per unit. For units exceeding 1,500 square feet and up to 2,000 square feet, 500 square feet of common open space shall be required per unit. For units exceeding 2,000 square feet, 750 square feet of common open space shall be required per unit. Common open space is subject to the following performance criteria: (i) No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than ten feet. (ii) Required common open space shall be divided into no more than two (2) separate areas per cluster of dwelling units. (iii) Common open space shall be improved for passive or active recreational use, garden/food production, social gathering spaces or landscaped areas. Examples may include but are not limited to courtyards, orchards, landscaped picnic areas, plazas or gardens. A detailed site plan of the common open space depicting the design and amenities of the space shall be reviewed with the site plan for approval. 10 (iv) Amenities such as permanent or movable seating, landscaping, trails and paths, barbeque or eating facilities, covered shelters or water features shall be included within the common open space. Low Impact Development stormwater management facilities may be placed within the common open space when they are integrated with the amenities listed above. (b) Each cluster housing unit shall be provided with a private open space of 250 square feet with no dimension of less than ten feet. Private open space should be contiguous to each dwelling unit, for the exclusive use of each respective resident. In multi -family zones in which at least 75% of the planned units are attached dwellings, private open space shall not be required where the development exceeds the minimum open space requirements of (G)(3)(a) by at least 20% and it can be demonstrated that each unit has easily available access to open space amenities. (c) Parking areas and driveways shall not be counted as open space. (4) Fences. Fencing located between a cluster housing unit and a public street or trail or the common open space shall not exceed 48 inches in height. (5) Parking Requirements and Standards. Parking areas should be located within the cluster housing development in such a way as to maintain the character along the public street and to minimize the noise and light impacts on private residences and public spaces. Reductions in parking space allowances are permitted in cluster housing developments as described in Chapter 172, Parking and Loading. Permitted on -street parking spaces adjacent to a project's frontage may count towards the parking requirements of the development. Parking standards for cluster housing developments shall be as follows: (a) The owner/developer may choose to supply one (1) parking space per bedroom for his or her entire cluster housing development. Otherwise, the required number of parking spaces shall be determined according to the square footage of the cluster housing unit as described below: (i) Dwelling units less than 1,000 square feet shall have one and one-half (1.5) parking spaces provided. (ii) Dwelling units over 1,000 square feet shall have two (2) parking spaces provided. (b) Shared covered parking shall be designed to be similar and compatible to the design, materials and roof pitches used for the cluster housing units. (6) Cluster housing developments shall provide at least one (1) bicycle parking rack per cluster housing unit. (7) Fire Department Access. Fire Department access shall be determined at the time of development review. (8) Pedestrian Connectivity. All buildings and common spaces shall be served by a pedestrian circulation system that connects to an existing or planned sidewalk or trail system. (9) Utilities. Individual cluster housing lots shall have a unique connection to the main water and sewer lines. Main water and sewer lines on private property servicing cluster housing unit developments shall be located in a dedicated easement. (10) Community Buildings. Indoor or covered common areas less than 2,000 square feet are permitted by right in cluster housing development. These structures shall be architecturally integrated with the architectural style of the cluster housing development. 11 (11) Recycling and Trash Collection Service. For the purposes of recycling and trash collection cluster housing developments are considered a residential use and should receive residential recycling and trash collection service (individual carts and recycling bins) where possible. In certain instances, it may be necessary to service cluster housing developments with commercial trash collection equipment (dumpsters). This may occur when a project is located in a predominately commercial area serviced by commercial trash pickup. It is incumbent on the developer to design recycling and trash collection facilities into the cluster housing development plan early in the process. The final determination of recycling and trash collection service and pick-up areas will be made at the time of development review by the city. Specific requirements for residential and commercial trash and recycling pick-up shall be as follows: (a) Residential trash and recycling collection service requires a designated location near the street curb for trash carts and recycling bins. This location shall be kept clear of obstructions on the designated pick-up day. If this location is also used for on -street parking it shall be clearly marked and a sign posted restricting use for the designated pick-up day. An appropriate linear distance is required to accommodate each cluster housing unit's trash cart and recycling bin, subject to city approval. (b) Commercial trash collection service requires a dumpster location that is freely accessible for front end loading and screened from public view. (c) Recycling and trash facilities shall be located behind the front building setback line and shall be screened from the right-of-way and adjacent property owners by either architectural treatments or vegetative screening. (H) Building Design Standards. (1) Variety in Detached Cluster Housing Units Floor Plans and Architectural Treatments. These standards are intended to avoid the overly repetitive use of the same building design, structural features, detailing or finishes among detached units within the cluster housing development. In cluster housing developments no two (2) structures shall be identical in terms of exterior finishes. All cluster housing units shall differ from each other by utilizing at least two (2) of the following options: (a) Variations in building material finishes such as clapboard, shake shingles, stone, brick, etc., and building color; (b) Variations in adjacent cluster housing unit floor plans that alter the location of exterior windows and doors; (c) Variations in the size of main floor area and/or building height of adjacent structures; or (d) A front porch with a minimum width no less than 50% of the front building fagade. Front porches shall have a minimum depth of six feet. No structurally identical front porches shall be located on adjacent cluster housing units. (e) Variations in roof shapes or gables between adjacent structures. (f) Other variations as approved by the Zoning and Development Administrator. (2) All attached cluster housing units shall comply with §166.23, Urban Residential Design Standards. Where a cluster housing unit fronts onto a public trail or open space, the fagade facing the public trail or open space shall be considered a principal fagade, for the purposes of meeting this section. 12 (1) Variances From the Minimum Cluster Housing Development Requirements. Variances of this section, Cluster Housing Development, shall be administered as normal development regulations for variances of General Design Standards, except that (E) Zoning Regulations shall be administered as zoning regulations for variance purposes. (Ord. No. 5921, §5(Exh. A), 11-1-16; Ord. No. 6067, §1, 5-1-18) Editor's note(s)—Ord. No. 5921, §5(Exh. A), adopted Nov. 1, 2016, repealed §164.22 and added a new section as set out herein. The former §164.22 pertained to cottage housing development and derived from Ord. No. 5462, adopted Dec. 6, 2011. 13 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1098 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.6 ADOPT THE 2022 RULES OF ORDER AND PROCEDURE: A RESOLUTION TO ADOPT THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL FOR 2022 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 adopts the Rules of Order and Procedure of the Fayetteville City Council for 2022 as attached to this Resolution City of Fayetteville, Arkansas Page 1 Printed on 1212912021 City of Fayetteville Staff Review Form 2021-1098 Legistar File ID 1/4/2022 City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Assistant City Attorney Blake Pennington 12/22/2021 CITY ATTORNEY (021) Submitted By Submitted Date Division / Department Action Recommendatinn- A resolution to adopt the Rules of Order and Procedure of the Fayetteville City Council for 2022. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Fund Project Title Purchase Order Number: V O210527 Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: nr4� OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council THRU: Kara Paxton, City Clerk FROM: Blake Pennington, Assistant City Attom DATE: December 22, 2021 RE: City Council Rules of Order and Procedure i) Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal The City Council re -adopts the Rules of Order and Procedure of the Fayetteville City Council at the beginning of every year as recommended by the Arkansas Municipal League. Our office has drafted the appropriate Resolution to do so again on January 4, 2022. The Rules of Order and Procedure of the Fayetteville City Council were last revised on October 25, 2021. Rules of Order end Procedure ofthe Fayetteville City Couneil Last Revised I0/05M21 by Revels ion N 233-21 Adopted 10/05M21 by Resolutiou N 233-21 PW I of 12 RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL A. CITY COUNCIL MEETINGS 1. Reaular Meetim, The City Council shall meet in regular session on the fast and third Tuesday of each month at 5:30 P.M. When a holiday or general election occurs on any such Tuesday, the regular meeting shall be held on the following Thursday at the same hour unless otherwise provided for by motion. The regular meeting time may be rescheduled by the City Council in special circumstances, but when so done the change must be made far enough in advance to allow normal public notification. 2. Location The place of City Council meetings shall be in the City Council Chambers in the City Hall unless another place has been previously set by the City Council. 3. Special Meetinve Special meetings may be called by three or more members of the City Council or by the Mayor. Notification of a special meeting, including specific items to be considered, shall be at least two hours prior to the meeting. Such notification shall be by personal service to each member or by telephone, specifying time and place of meeting. 4. Executive Session An executive session may be requested by any member of the City Council or the Mayor. A majority vote by the City Council is required to convene in executive session. Executive sessions will be permitted only for the purpose of considering the employment, appointment, promotion, demotion, disciplining, or resignation of any public officer or employee. 5. Ouormm A majority of the City Council shall be necessary to constitute a quorum to do business at a City Council meeting. The concurring vote of a majority of those attending a meeting shall be sufficient to pass procedural motions except a Motion to Suspend the Rules which requires six affirmative votes. Ordinances and Resolutions require rive affirmative votes to pass. 6. Public Notification The City will go further than legally required in order to inform citizens of the items to be considered by the City Council. The means used may include press releases or advertisements in a local newspaper, special notice to citizens who have shown a direct interest in matters to be Rules of Order and Prxedot ofthe Fayetteville City Council Last Revised IQA5/2021 by Resolution # 233-21 Adopted 10/052021 by Resolution N 233-21 Page 2 of 12 considered, Government Channel announcements and presentation, and agenda copies available at City Council meetings. 7. Presentation of Agenda Items at City Council Meetings a. Agenda Items not Included Within the Tentative Agenda Packet. (1) Staff Agenda Items. If the City staff requests to "walk-on" an agenda item for the City Council Agenda during the City Council Agenda Session, the memo from the City staff shall begin with a clear and compelling reason why this proposed agenda item could not have been included within the Tentative Agenda and cannot wait for City Council consideration at a later City Council meeting. Any member of the City Council including the Mayor can then place this item on the Final Agenda. (2) Council Member Agenda Items. Council Members should also strive to include any agenda item a Council Member wishes the City Council to consider within the Tentative Agenda. If that is not possible, the Council Member should explain during the Agenda Session why the proposed agenda item should be included in the Final Agenda rather than postponed to the next meeting. Any member of the City Council including the Mayor can then place this item on the Final Agenda." b. Agenda Additions A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. c. Consent A enda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. if a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall I be removed and considered immediately after the Consent Agenda has been voted upon. d. Unfinished Business and New Business (1) Overview Period. Agenda items at a City Council meeting shall be introduced by the Mayor and, ifan ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, pawning or development applicant, etc.) may present its proposal only dining this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staffs presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Rulcs ofOrder and Procedure ofthe Fayetteville City Council Last Revised 10/05/2021 by Resolution # 233-21 Adopted 10/052021 by Resolution # 233-21 Page 3 of 12 (2) Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. e. Courtesy and Respect All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 8. Smokinu Prohibited There will be no smoking allowed in the City Council Chambers during City Council meetings. 9. Cell Phones and Papers Cell phones must be turned off or put in silent mode and not used within the City Council Chambers during City Council meetings. Pagers must be turned off or put in silent mode within the City Council Chambers during City Council meetings. These restrictions also apply during Agenda Sessions. 10. Virtual City Council Meetings Authorized After proper notice has been provided to the public, City Council Members are authorized to assemble, gather, meet, and conduct open public meetings (including speaking, voting and passing ordinances and resolutions) through appropriate electronic means which ensure the public's right to attend by being able to listen to the proceedings and discussions. These open public meetings include City Council meetings and agenda sessions as well as City Council Member Committee meetings. B. DUTIES AND PRIVILEGES OF COUNCIL MEMBERS AT CITY COUNCIL MEETINGS 1. Seating Members shall occupy the respective seats in the City Council Chambers assigned by position number. The Mayor (or Assistant Mayor in the Mayor's absence) shall be seated near the center of the City Council table. Rules ofOlda bad Pmcedure of the Fayetteville City Council Last Revised/0/052021 by Resolution # 233-21 Adopted 10/052021 by Resolution # 233-21 Page 4 of 12 2. Conduct During City Council meetings, Council Members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings. Neither shall they refuse to obey the orders of the Mayor or the rules of the City Council. Every member of the City Council desiring to speak shall address the chair and, upon recognition by the Mayor, shall confine herself or himself to the question under debate and shall avoid all personalities and indecorous language. A Council Member once recognized shall not be interrupted while speaking unless called to order by the Mayor, unless a point of order is raised by another member or unless the member chooses to yield to questions from another member. If a member is called to order while he or she is speaking, the member shall cease speaking immediately until the question of order is determined. If ruled to be not in order, the member shall remain silent or shall alter his or her remark so as to comply with the rules of the City Council. All members of the City Council shall accord the utmost courtesy to each other, to city employees, and to members of the public appearing before the City Council, and shall refrain at all times from rude or derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. Council Members shall confine their questions as to the particular matters before the City Council and in debate shall confine their remarks to the issues before the City Council. 3. Financial Interest No member of the City Council with a direct or indirect financial interest in any items before the City Council shall participate in the discussion of or voting on such matter. 4. 'Voting Every member present when a question is put to a vote shall vote either `Yes" or "no", except that a member may abstain from voting if he or she has not participated in the preceding discussion of the question and if that member has previously stated the reason for the abstention. Except for a question necessary to clarify the meaning of the motion, resolution or ordinance being voted upon, no questions or comments by members of the City Council including the Mayor shall be made during the voting on the pending motion, resolution or ordinance. The Council Members will vote at City Council meetings in the order of their position number, but with a progressively different position voting fast at each meeting. 5. Roll Call Upon every vote the affirmative and negative votes shall he called and shall be recorded on every motion, resolution and ordinance; however, items which may be approved by motion, or contracts Rules of Order end Procedure of the Fayetteville City Comet] Lest Revised 10/052021 by Resolution # 233-21 Adopted IW052021 by Resolution # 233-21 Page 5 of 12 and leases which can be approved by resolution, may be grouped together and approved simultaneously with one roll call, under a "Consent Agenda. C. MAYOR & VICE MAYOR 1. Mayor a. General Power to Preside and Vote The Mayor is the presiding officer and ex officio president of the City Council. The Mayor may vote to establish a quorum or to pass an ordinance, resolution or motion if the Mayor's vote is needed for passage. The Mayor does not have the right to vote for an Emergency Clause on an ordinance. An Emergency Clause requires six affirmative votes by the City Council to pass. It. Mayor's Veto Power The Mayor has the power to veto any ordinance, resolution or order, or part thereof, adopted by the City Council within five (5) days (Sundays excluded) of the City Council vote. Before the next City Council meeting, the Mayor shall file in the City Clerk's office a written statement of reasons for the veto. At the first City Council meeting following the veto, the City Council can override the veto by two-thirds majority (6 affirmative votes). 2. Vice Mayor The City Council shall at the time of organizing, in public session, elect one of its members as Vice Mayor. Any Council Member may nominate himself or herself or any other member of the City Council for Vice Mayor, and no second of a nomination is required. Each Council Member shall vote by naming his or her choice by voice vote if there is more than one nominee for a position. A majority vote of the City Council shall be required for election. In the absence of the Mayor, the Vice Mayor shall preside at the City Council meeting. 3. Privileges of the Vice Mayor The Vice Mayor acting as the Mayor may move, second and debate from the chair and shall not be deprived of the rights and privileges of being a member of the City Council by reason of her or his acting as the Vice Mayor. Rules of Order and Procedure of the Fayetteville City Council Last Revised 10/OS/2021 by Resolution # 233-21 Adopted I O/05/2021 by Resolution # 233-21 Page 6 of 12 D. PROCEDURES AND PARLIAMENTARY RULES 1. Agenda The City Council's agenda order shall be coordinated by the Mayor. All items for discussion or action at the regular council meeting shall be included in a Tentative Agenda provided to City Council prior to an Agenda Session where the City Council shall determine the final arrangement of the Agenda. Any item the Mayor or a Council Member wishes to include on the Final Agenda that was not included on the Tentative Agenda may only be added to the Final Agenda during the Agenda Session. At the regular meeting of the City Council, the Council, by majority vote, may rearrange the order of the Agenda. An item may be added to the Agenda at the City Council meeting only by a Motion to Suspend the Rules. 2. Precedence of Motions The City Council shall follow the precedence and classification of motions as given in the most recent edition of the Arkansas Municipal League's `Procedural Rules for Arkansas Municipal Officials.' In the event a matter is not covered by the `Procedural Rules for Arkansas Municipal Officials,' the most recent edition of Robert's Rules of Order shall apply. On questions of appeal, a majority of those present is required to overturn a ruling by the chair." 3. Motions to be Stated by the Chair/Withdruwal When a motion is made and seconded, it shall be stated by the Mayor before debate. After being stated by the Mayor, a motion may not be withdrawn by the mover without the consent of the member seconding it and approval of the City Council. 4. Reconsideration After the decision of any question, any member of the prevailing side may request a reconsideration of any action at the same or the next succeeding meeting; provided, however, that a resolution authorizing or relating to any contract may be reconsidered at any time before final execution thereof. A motion to reconsider requires a simple majority for passage. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. 5. Readiues All ordinances shall be read aloud at three different meetings unless the City Council votes to suspend the rules. The following guidelines for reading ordinances are recommended: Rules of Order end Pmcedvre of the Fayetteville City Council Last Revised 10/052021 by Resolution # 233-21 Adopted 10/05M21 by Resolution # 233-21 Page 7 of 12 ♦ After the ordinance's first reading, a Council Member may briefly point out potential concerns or benefits from the proposed ordinance, but should refrain from attempting to persuade each other or arrive at a final consensus. ♦ Unless there is clearly no opposition or concern about the ordinance, it should be read and open for public discussion during at least two City Council meetings. ♦ Complex ordinances that need further clarification or drafting work should be referred to the Ordinance Review Committee. 6. Items Tabled Indefinite) Any item tabled indefinitely may be taken from the table by majority vote of the City Council during the calendar year in which it was tabled indefinitely. All items tabled indefinitely and remaining on the table at the end of the calendar year shall be deemed denied and rejected for appellate and all other purposes on December 31 Is and shall not be considered by the City Council in the future unless brought forward as a new item. E. INTERNAL BOARDS COMMITTEES COMMISSIONS AND APPOINTMENTS 1. Membership of Internal Boards Committees Commissions and Appointments a. Standing City Council Committees The five standing committees of the City Council are: Equipment, Nominating, Ordinance Review, Streets, and Water and Sewer. Each committee shall have four Council Members appointed by the Mayor in January after every regular election. All Council Members shall serve on at least two of these five committees. Each committee shall elect a chair and vice chair during the first committee meeting after the Council Members are appointed. b. Other Committees (See also Section H. Citizens Committees) Council Members may volunteer or request to serve on any of the various other committees which have City Council slots. The Mayor may appoint a Council Member to the other committees pursuant to their request. c. Appeal Right to City Council Any Council Member who is dissatisfied with his or her committee assignments can appeal to the whole City Council who can determine by majority vote which Council Member will be appointed to a specific committee. Rules of Order and Procedure ofthe Fayeueville City Council Lest Revised 10/0512021 by Resolution # 233- 1 Adopted 10/052021 by Resolution # 23341 Page g of 12 d. Ad Hoc Committees. Ad hoc committees may be appointed either by the Mayor or by a majority vote of the City Council to study special problems and projects of the City. 2. Notification and Attendance All Council Members, representatives of the news media who have requested notification, and other persons who have shown a direct interest in matters to be considered at a committee meeting shall be notified of City Council committee meetings. Committee meetings shall be held when possible at times that allow all members of the committee to attend. In order for a committee to make an official recommendation to the City Council, a majority of the committee members must agree on that recommendation. Council Members who are not members of a particular City Council committee may generally participate in the meeting of that committee except for voting on committee recommendations, but the chairperson may rule otherwise. 3. Ciri Council Representation on Other Governmental Groups When it is necessary to appoint a Council Member to an external board, commission or committee, selection of that Council Member shall be made by a majority vote of the City Council. That selection shall be made by nomination and vote in a public session. Any Council Member may nominate himself or herself or (any other member of the City Council), and no second is required. Each Council Member shall vote by naming his or her choice by voice vote if there is more than one nominee for a position. A majority vote of the City Council shall be required for election. F. MAYOR RELATIONSHIP 1. Definition of Authoriri In exercising its legislative responsibilities, the City Council may approve policy which represents broad statements of its intentions, approve plans and programs, and manage the financial aspects of the city through its budgetary powers. The Mayor is empowered to hire capable personnel within the approved wage and salary policy, to plan and establish schedules and to train, supervise and terminate employees. 2. Definition of Responsibilities The Mayor has the principal responsibility for directing the operations of the city government, and for advising and assisting the City Council in its deliberations. In connection with this latter responsibility, the City Council expects and requests the Mayor shall furnish the City Council with whatever data, information and material it may need to properly carry out its functions in an Rolm of Order and Procedure oftbe rayencville City Council Last Revised 10/052021 by Resolution N 233-21 Adopted 10/052021 by Resolution k 233-21 Page 9 of 12 informed manner. The City Council also expects the Mayor to abide by the City of Fayetteville Code of Ethics. I City Council/Mayor Cooperation Efficient management of the city can exist only through mutual understanding and complete cooperation between the City Council and the Mayor. The Mayor's performance cannot be of the best unless the Mayor is given the latitude to exercise independentjudgment in executing policies of the City Council. The City Council acknowledges that obligation and gives the Mayor the latitude of judgment and discretion, and expects faithful performance in carrying out the policies of the City Council. While open communication between the City Council and City personnel is encouraged, it shall be understood that administrative authority for the management of the City rests with the Mayor. Members of the City Council should refrain, as individuals, from giving specific direction or instruction to City personnel pertaining to the discharge of assigned duties. G. CODE OF ETHICS 1. General As the governing authority of the City of Fayetteville, Arkansas we, the Mayor and Council Members, adhere to the following ethics principles and pledge to conduct our affairs accordingly: • Serve others, not ourselves. • Use resources with efficiency and economy. • Treat all people fairly. • Use the power of our position for the well-being of our constituents. • Create an environment of honesty, openness and integrity. 2. Business Transactions Members of the City Council and the Mayor occupy positions of public trust. All business transactions of such officials dealing in any manner with public funds, either directly or indirectly, must be subject to the scrutiny of public opinion both as to the legality and to the propriety of such transactions. 3. Conflict of Interest Members of the City Council and the Mayor shall refrain from making use of special knowledge or information before it is made available to the general public; shall refrain from making or Rules of Order end Procedure of the Fayetteville City Council Last Revised 10/052021 by Resolution H 233-21 Adopted 10/052021 by Resolution 1233-21 Page 10 of 12 influencing decisions involving business associates, customers, clients, competitors and immediate family members and shall comply with all lawful actions, directives and orders of duly constituted municipal officers as such may he issued in the normal and lawful discharge of the duties of these municipal officers. Nothing herein, however, shall serve to deny the members of the City Council and the Mayor of the legal rights and privileges available to all Fayetteville citizens. 4. Responsibility to All Citizens Members of the City Council and the Mayor shall conduct themselves so as to bring credit upon the city as a whole and so as to set an example of good ethical conduct for all citizens of the community. The members of the City Council and the Mayor shall bear in mind at all times that their responsibility is to the entire electorate, citizens and residents of Fayetteville, shall refrain from actions benefiting special interest groups at the expense of the citizens, residents and the city as a whole, and shall do everything in their power to ensure equal and impartial law enforcement throughout the city without respect to race, creed, color, gender, sexual orientation, religion, gender identity or the economic or social position of individual citizens. In an effort to allow the public full knowledge of financial and personal interests, the Members of the City Council and the Mayor are expected to disclose annually all real estate holdings in Fayetteville and the Fayetteville planning area, and any business or financial interest which could affect or be affected by decisions of the City Council. Such disclosure should be made in writing to the City Clerk in January of each year. H. CITIZEN COMMITTEES 1. Authorization by the City Council The City Council may authorize citizen advisory boards, committees and commissions to assist the City Council in discharging its responsibilities more effectively. Authorization will be made by majority vote of the City Council. 2. Selectine of Members The Nominating Committee shall have the responsibility of coordinating the selection process of members for the citizen advisory groups prior to the final City Council decision. The objectives of the selection process shall be as follows: To provide a broad diversity of qualified individuals for service on the appointed bodies; and to provide an opportunity for participation in city affairs by interested citizens. The selection process shall follow these procedures: a. Periodic news releases and articles, generally at least two weeks in advance of appointments, requesting interested individuals to notify the City Clerk's office of their interest in being Rules of Order and Procedure of the Fayetteville City Council Last Revised 10/052021 by Razubdion k 23311 Adopted 10/052021 by Resolution g 233-21 Page 11 of 12 considered for appointment. Application forms should be completed by each person who expresses an interest in a position. b. Council Members, city staff members and interested individuals and organizations who know of qualified persons should encourage them to apply for appointment. c. Cable television should be used to notify citizens of vacancies in citizen committees. d. The City website, Accessfayetteville.org, should list vacancies in citizen committees. e. Any person who has served two consecutive full terns on any City commission or board shall not be eligible for reappointment to the same commission or board until one full term of office has expired, unless there is an insufficient number of qualified applicants to fill all vacancies. Service of a partial term shall not count against the two terms that are allowed. Prior to any appointment, the City Clerk's office will circulate to the full City Council copies of applications of the individuals on file for the appointive body. Council Members may recommend applicants or offer comments to the Nominating Committee prior to their scheduled meeting. The Nominating Committee will narrow the list of prospective appointees to no more than two individuals for each position. This decision will be made in an open meeting. The recommendations will be submitted to the full City Council for final decision. The committee's first choice may be indicated. All positions shall be decided by majority vote of the City Council. In instances where there is more than one nominee for a position, either by Nominating Committee recommendation or by other nominations, each Council Member shall vote by naming his or her choice for that position. The City Council will act officially on all appointments in public session. I. Vacancy in the Office of a Council Member A vacancy in the office of a Council Member shall be filled pursuant to the requirements of Ark. Code Ann. § 14-43-411. I Orientation of New Council Members 1. Orientation Meeting Scheduled The City Council, Mayor, City Attorney, City Clerkffmasurer and appropriate City Staff shall meet with and conduct one or more orientation sessions with newly elected Council Member's in December after each General Election or within one month after a Special Election in which a new Council Member is elected. Each newly elected Council Member shall attend the orientation session(s). 2. Content of Orientation. The City Council, Mayor and other members of the orientation group shall explain: a. Rights and duties of Council Members; Rules of Order and Procedure ofthe Fayeaeville City Council last Revised 10/05/2021 by Resolution k 233-21 Adopted 10/052021 by Resolution N 233-21 Pnge 12 of 12 b. Organizational structure of city government; c. Role of the City Council Committees; d. How to initiate Resolutions and Ordinances; C. The purpose and procedure for the City Council Agenda session; f. Reasons to approve or disapprove land use and development issues; g. Council tours to view and discuss land proposed for rezoning or development; h. City Council Rules of Order and Procedure; i. Freedom of Information Act requirements. I Oneoine Orientation. a. Within the first week of a Council Member's tern, the administration should provide an administrative and human resources orientation to include issuing parking permits, fobs, and other necessary equipment for the Council Member, as well as assistance for the completion of all necessary state and federal documents. b. Within the first quarter of a Council Member's term, the administration should arrange for a budget overview and tours of all major city facilities and functional areas. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1099 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.5 AMEND THE RULES OF ORDER AND PROCEDURE: A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL CONCERNING PUBLIC COMMENTS WHEREAS, some persons wishing to address the City Council have expressed confusion caused by breaking up their five minute allowance "into segments of three and two minutes"; and WHEREAS, persons who may wish to use electronic visual aids as part of their five minute period addressing the City Council should be allowed to do so. 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 amends the second sentence of (2) Public Comments by deleting that sentence and replacing it as follows: "Speakers shall be limited to a maximum of five (5) minutes to discuss the agenda item being considered by the City Council." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further amends (2) Public Comments by adding a new final sentence as follows: "As part of a person's public comments allowed above, the speaker may use electronic visual aids during their five (5) minutes presentation period concerning the agenda item being considered by the City Council. Prior to such use of electronic visual aids, they must be presented to and approved by the IT Department pursuant to the IT Department's rules for such electronic visual aids presentation." City of Fayetteville, Arkansas Page 1 Printed on 1212912021 Legistar ID No.: 2021- 1 bg j AGENDA REQUEST FORM FOR: Council Meeting of January 4, 2022 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AMEND THE RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL CONCERNING PUBLIC COMMENTS APPROVED FOR AGENDA: Council Member Teresa Turk City Attorn4Kitiams Approved as to form 12- 2-F Z1 Date Date 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Keith Macedo, Information Technologies Director FROM: Kit Williams, City Attorney DATE: December 22, 2021 RE: Proposed Amendments to Rules of Order and Procedure Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Council Member Teresa Turk is suggesting a couple of minor amendments to the Rules of Order and Procedure of the Fayetteville City Council. The first change would end the segmentation of the five minute speaking period for the public into three and two periods. It would now be unified into one five minute period. The second amendment would authorize every public speaker to use electronic visual aids during their 5 minute presentation periods. These amendments will be considered by the City Council prior to the required annual readoption of your Rules on January 4, 2022. G JI(t ►-� Last Revised 10/05/2021 by Resolution # 233-21 Adopted 10/05/2021 by Resolution # 233-21 Page 3 of 12 (2) Public Comments. Public comment at a City Council meeting shall be allowed for all -To Ve members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a A, `,,, A^JAX --i maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. 4-- 'Pofr'sb4 k.aaa I"rmli/Ja *&rAia vtNk1 ^&*Ar e. Courses and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each. other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. 8. Smoking Prohibited. There will be no smoking allowed in the City Council Chambers during City Council meetings. 9. Cell Phones and -Pagers. Cell phones must be turned off or put in silent mode and not used within the City Council Chambers during City Council meetings. Pagers must be turned off or put in silent mode within the City Council Chambers during City Council meetings. These restrictions also apply during Agenda Sessions. 10. Virtual City Council: Meetings Authorized After proper notice has been provided to the public, City Council Members are authorized to assemble, gather, meet, and conduct open public meetings (including speaking, voting and passing ordinances and resolutions) through appropriate electronic means which ensure the public's right to attend by being able to listen to the proceedings and discussions. These open public meetings include City Council meetings and agenda sessions as well as City Council Member Committee meetings. B. DUTIES Atilt PRIVILEGES OF COUNCIL MEMBERS AT CITY COUNCIL MEETINGS 1. Seatina Members shall occupy the respective seats in the City Council Chambers assigned by position number. The Mayor (or Assistant Mayor in the Mayor's absence) shall be seated near the center of the City Council table. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 e (479) 575-8323 Text File File Number: 2021-1072 Agenda Date: 1/4/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Report Agenda Number: D.1 AGENDA SESSION PRESENTATION - SALES TAX REPORT, PAUL BECKER ENERGY REPORT, PETER NIERENGARTEN City of Fayetteville, Arkansas Page 1 Printed on 1212912021