HomeMy WebLinkAbout2024-11-07 - Agendas - Revised FinalCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Final Agenda
Thursday, November 7, 2024
5:30 PM
City Hall Room 219
City Council Members
Council Member Robert B. Stafford Ward 1
Council Member D'Andre Jones Ward 1
Council Member Sarah Moore Ward 2
Council Member Mike Wiederkehr Ward 2
Council Member Scott Berna 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 Treasurer Kara Paxton
City Council Meeting Final Agenda November 7, 2024
IMPORTANT MESSAGE:
THIS MEETING WILL RECESS AFTER NEW BUSINESS ITEM C. 3.
THE REMAINING ITEMS WILL CONTINUE AT THE SPECIAL CITY COUNCIL
MEETING ON TUESDAY, NOVEMBER 12, 2024.
THE REGULARLY SCHEDULED CITY COUNCIL AGENDA SESSION WILL
FOLLOW IMMEDIATELY AFTER.
MEETING INFORMATION:
PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/
REGISTER/WN UGC7JFFRSD2HKQDKOVSUWA
AGENDAITEMCOMMENT(a)-FAYETTEVILLE-AR.GOV
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS
CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS
1. MONTHLY FINANCIAL REPORT AND SALES TAX REPORT - CHIEF
FINANCIAL OFFICER
PROPOSED AGENDA ADDITIONS
1. LEWIS BROTHERS LEASING COMPANY (LAND SALE):
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH LEWIS
BROTHERS LEASING COMPANY, INC. FOR THE SALE OF APPROXIMATELY
0.057 ACRES FOR $100.00 (2024-715)
A. CONSENT
A.1. AGAR, LLC. (SERVICE CONTRACT):
A RESOLUTION TO AWARD RFP 24-12 AND AUTHORIZE A CONTRACT
WITH AGAR LLC IN THE AMOUNT OF $84,882.00 FOR THE CURATION AND
INSTALLATION OF THE WEST AVENUE PARKING GARAGE MURAL (2024-
648)
City of Fayetteville, Arkansas page 2
City Council Meeting Final Agenda November 7, 2024
A.2. DEADHORSE MOUNTAIN ROAD (MASTER PLAN APPROVAL):
A RESOLUTION TO APPROVE AND ADOPT A MASTER PLAN FOR 220
ACRES ON DEADHORSE MOUNTAIN ROAD (2024-653)
A.3. AREA AGENCY ON AGING OF NORTHWEST ARKANSAS (LEASE
AGREEMENT):
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH THE AREA
AGENCY ON AGING OF NORTHWEST ARKANSAS THROUGH DECEMBER
31, 2025 FOR THE WALKER PARK SENIOR ACTIVITY AND WELLNESS
CENTER IN THE AMOUNT OF $1.00 PER YEAR, WITH AN AUTOMATIC
RENEWAL FOR SEVEN ADDITIONAL ONE YEAR TERMS (2024-646)
A.4. ENVIRONMENTAL CONSULTING OPERATIONS, INC. (SERVICE
AGREEMENT):
A RESOLUTION TO APPROVE AMENDMENT NO. 11 TO THE CONTRACT
WITH ENVIRONMENTAL CONSULTING OPERATIONS, INC. IN THE AMOUNT
OF $68,000.00 FOR WETLANDS MITIGATION SITE MONITORING AND
MANAGEMENT IN 2025 (2024-638)
A.5. NEC, INC. (SERVICE CONTRACT):
A RESOLUTION TO AWARD BID #24-43 AND AUTHORIZE A CONTRACT
WITH NEC, INC. IN THE AMOUNT OF $155,903.50 FOR THE SALEM ROAD
ADA IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $20,000.00 (2024-647)
A.6. STEELWORX INDUSTRIAL GROUP, LLC. (SERVICE CONTRACT):
A RESOLUTION TO AWARD BID #24-39 AND AUTHORIZE A CONTRACT
WITH STEELWORX INDUSTRIAL GROUP, LLC, IN THE AMOUNT OF
$554,956.00 FOR THE CONSTRUCTION OF THE ELMHURST AND
MCCLINTON PHASE I DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE
A PROJECT CONTINGENCY IN THE AMOUNT OF $60,000.00, AND TO
APPROVE A BUDGET ADJUSTMENT — 2019 DRAINAGE BOND PROGRAM
(2024-616)
A.7. FAYETTEVILLE WAREHOUSE PARTNERS, LLC. (LAND PURCHASE):
A RESOLUTION TO AUTHORIZE THE PURCHASE OF PROPERTY LOCATED
ON NORTH GREGG AVENUE OWNED BY FAYETTEVILLE WAREHOUSE
PARTNERS, LLC FOR THE AMOUNT OF $261,473.00, PLUS $10,000.00 FOR
CLOSING COSTS, AND TO APPROVE A BUDGET ADJUSTMENT — 2019
STREET IMPROVEMENT BOND PROJECT (2024-599)
A.8. RAILROAD CROSSING ELIMINATION STUDY (COST SHARE
AGREEMENT):
City of Fayetteville, Arkansas page 3
City Council Meeting Final Agenda November 7, 2024
A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH THE
CITY OF SPRINGDALE IN THE TOTAL AMOUNT OF $144,000.00 FOR THE
RAILROAD CROSSING ELIMINATION STUDY, OF WHICH $62,400.00 WILL
BE THE CITY OF FAYETTEVILLE'S RESPONSIBILITY (2024-649)
A.9. MCCLELLAND CONSULTING ENGINEERS, INC. (CONTRACT
AMENDMENT):
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE ENGINEERING
SERVICES AGREEMENT WITH MCCLELLAND CONSULTING ENGINEERS IN
THE AMOUNT OF $101,682.00 TO INCLUDE CONSTRUCTION PHASE AND
ADDITIONAL DESIGN SERVICES, AND TO APPROVE A BUDGET
ADJUSTMENT (2024-664)
A.10. FAYETTEVILLE FIRE DEPARTMENT ADMINISTRATIVE POLICY
(ADOPTION):
A RESOLUTION TO APPROVE AND ADOPT THE FAYETTEVILLE FIRE
DEPARTMENT EXTERNAL AGENCY RELATIONS POLICY (2024-590)
A.11. 4TH JUDICIAL DISTRICT DRUG TASK FORCE (GRANT ACCEPTANCE):
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A STATE DRUG CRIME
ENFORCEMENT AND PROSECUTION GRANT FOR STATE FUNDING OF
THE FOURTH JUDICIAL DISTRICT DRUG TASK FORCE IN THE AMOUNT OF
$533,067.00, TO AUTHORIZE MAYOR JORDAN TO SIGN ALL NECESSARY
DOCUMENTS TO RECEIVE THE GRANT FUNDS, AND TO APPROVE A
BUDGET ADJUSTMENT (2024-601)
A.12. 2025 SELECTIVE TRAFFIC ENFORCEMENT PROJECT (GRANT
ACCEPTANCE):
A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A 2025 SELECTIVE
TRAFFIC ENFORCEMENT PROJECT GRANT AWARD IN THE AMOUNT OF
$40,600.00, AND TO APPROVE A BUDGET ADJUSTMENT (2024-581)
B. UNFINISHED BUSINESS
B.1. URBAN FORESTRY MANAGEMENT PLAN (APPROVAL):
A RESOLUTION TO APPROVE AND ADOPT THE URBAN FORESTRY
MANAGEMENT PLAN (2024-1677)
CONTACT THE OFFICE OF THE CITY CLERK TREASURER FOR AGENDA
ITEM HISTORY FROM FEBRUARY 2, 2024 TO OCTOBER 1, 2024.
AT THE OCTOBER 1, 2024 CITY COUNCIL MEETING THIS RESOLUTION
WAS TABLED TO THE NOVEMBER 7, 2024 CITY COUNCIL MEETING.
City of Fayetteville, Arkansas page 4
City Council Meeting Final Agenda November 7, 2024
B.2. ORDINANCE TO AMEND § 161.36 URBAN CORRIDOR:
AN ORDINANCE TO AMEND § 161.36 URBAN CORRIDOR BY ENACTING A
NEW (H) PROTECTIONS FOR SINGLE-FAMILY ZONED DISTRICTS TO
PROVIDE THE SAME PROTECTIONS FOR ADJOINING SINGLE FAMILY
RESIDENTIAL DISTRICTS AS CURRENTLY REQUIRED FOR URBAN
THOROUGHFARE AND ALL MULTI -FAMILY DISTRICTS (2024-585)
AT THE OCTOBER 1, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS
LEFT ON THE FIRST READING.
AT THE OCTOBER 15, 2024 CITY COUNCIL MEETING THIS ORDINANCE
WAS LEFT ON THE SECOND READING.
B.3. ORDINANCE TO AMEND § 161.36 URBAN CORRIDOR (ENACTING USE
UNIT 38 MINI -STORAGE UNITS AS A CONDITIONAL USE):
AN ORDINANCE TO AMEND § 161.36 URBAN CORRIDOR BY ENACTING
USE UNIT 38 MINI -STORAGE UNITS AS A CONDITIONAL USE FOR URBAN
CORRIDOR IN SECTION (B) (2) (2024-614)
AT THE OCTOBER 15, 2024 CITY COUNCIL MEETING THIS ORDINANCE
WAS LEFT ON THE FIRST READING.
B.4. T-HANGAR (REVISED LEASE & RATE INCREASE):
A RESOLUTION TO APPROVE A REVISED T-HANGAR LEASE FORMAT
UPDATING TERMS AND CONDITIONS, INCREASING RENT FOR 2025 BY
15%, AND ADOPTING A YEARLY 3% INFLATION ADJUSTMENT BEGINNING
IN 2026, AND TO AUTHORIZE MAYOR JORDAN TO SIGN THE T-HANGAR
LEASES (2024-579)
AT THE OCTOBER 15, 2024 CITY COUNCIL MEETING THIS RESOLUTION
WAS TABLED TO THE NOVEMBER 7, 2024 CITY COUNCIL MEETING.
B.S. FIRST REPAIR, INC. (SERVICE CONTRACT):
RESOLUTION APPROVING A CONTRACT WITH FIRST REPAIR, INC. OF
EVANSTON, ILLINOIS TO TRAIN FAYETTEVILLE LEADERS TO REPAIR
HARM DONE TO AFRICAN AMERICANS IN FAYETTEVILLE (2024-589)
AT THE OCTOBER 15, 2024 CITY COUNCIL MEETING THIS RESOLUTION
WAS TABLED TO THE NOVEMBER 7, 2024 CITY COUNCIL MEETING.
C. NEW BUSINESS
C.1. APPEAL: LARGE SCALE DEVELOPMENT-2024-0011: (SOUTHEAST OF S.
NELSON HACKETT BLVD & E. SOUTH ST./URBAN LOFTS AT NELSON
City of Fayetteville, Arkansas page 5
City Council Meeting Final Agenda November 7, 2024
HACKETT, 523):
A RESOLUTION TO GRANT THE APPEAL OF CITY COUNCIL MEMBER
D'ANDRE JONES AND DENY LARGE SCALE DEVELOPMENT APPLICATION
LSD-2024-0011 (2024-616)
C.2. INFRAMARK, LLC. (SERVICE AGREEMENT):
A RESOLUTION TO AWARD RFQ #24-05 AND AUTHORIZE A FIVE YEAR
CONTRACT WITH INFRAMARK, LLC. FOR WASTEWATER TREATMENT
OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES THROUGH
DECEMBER 31, 2029, AND TO APPROVE PAYMENT IN THE AMOUNT OF
$8,450,000.00 FOR SERVICES PROVIDED IN 2025 (2024-634)
C.3. FAYETTEVILLE POLICE DEPARTMENT POLICIES (ADOPTION):
A RESOLUTION TO APPROVE AMENDMENTS TO FAYETTEVILLE POLICE
DEPARTMENT POLICIES (2024-641)
AT THE OCTOBER 29, 2024 CITY COUNCIL AGENDA SESSION, THE CITY
COUNCIL EXPRESSED INTENT TO RECESS THE NOVEMBER 7, 2024 CITY
COUNCIL MEETING AFTER THIS ITEM HAS BEEN HEARD. THE MEETING
WILL RESUME ON NOVEMBER 12, 2024 AT 4:30 P.M.
CA. REZONING-2024-0049: (1893 N. RUPPLE RD./CONRAD, 361):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING
PETITION RZN 2024-49 FOR APPROXIMATELY 1.04 ACRES LOCATED AT
1893 NORTH RUPPLE ROAD IN WARD 4 FROM RSF-1, RESIDENTIAL
SINGLE-FAMILY, ONE UNIT PER ACRE TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN (2024-659)
C.S. VACATION-2024-0022: (EAST OF 111, 123, AND 135 S. PADDOCK
LOOP/TREETOPS, 526):
AN ORDINANCE TO APPROVE VAC-24-22 FOR PROPERTY LOCATED EAST
OF 111, 123, AND 135 SOUTH PADDOCK LOOP IN WARD 1 TO VACATE A
0.02 ACRE PORTION OF GENERAL UTILITY EASEMENT (2024-650)
C.6. VACATION-2024-0018: (314 W. LAFAYETTE ST./UNIVERSITY BAPTIST
CHURCH, 484):
AN ORDINANCE TO APPROVE VAC-24-18 FOR PROPERTY LOCATED AT
314 WEST LAFAYETTE STREET IN WARD 2 TO VACATE 0.34 ACRES OF
STREET RIGHT-OF-WAY (2024-660)
C.7. VACATION-2024-0020: (WEST END OF W. TREADWELL ST./MODUS
STUDIO, 522):
AN ORDINANCE TO APPROVE VAC-24-20 FOR PROPERTY LOCATED AT
City of Fayetteville, Arkansas page 6
City Council Meeting Final Agenda November 7, 2024
THE WEST END OF WEST TREADWELL STREET IN WARD 2 TO VACATE
0.22 ACRES OF STREET RIGHT-OF-WAY (2024-661)
C.B. REZONING-2024-0042: (1055 N. POLLARD AVEJANDONA, 445):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING
PETITION RZN 2024-42 FOR APPROXIMATELY 0.84 ACRES LOCATED AT
1055 NORTH POLLARD AVENUE IN WARD 2 FROM R-O, RESIDENTIAL
OFFICE AND NC, NEIGHBORHOOD CONSERVATION, TO NS-G,
NEIGHBORHOOD SERVICES -GENERAL (2024-652)
C.9. REZONING-2024-0043: (1236 W. MT. COMFORT RD./SCHWARTING, 404):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING
PETITION RZN 2024-43 FOR APPROXIMATELY 0.30 ACRES LOCATED AT
1236 WEST MOUNT COMFORT ROAD IN WARD 2 FROM RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, TO RI-U,
RESIDENTIAL INTERMEDIATE -URBAN (2024-654)
CA0. REZONING-2024-0044: (2001 W. 18TH STJARNOLD, 598):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING
PETITION RZN 2024-44 FOR APPROXIMATELY 0.90 ACRES LOCATED AT
2001 WEST 18TH STREET IN WARD 1 FROM C-1, NEIGHBORHOOD
COMMERCIAL, TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN (2024-655)
CA 1. REZONING-2024-0045: (2286 W. STONE ST./KJJ, 520):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING
PETITION RZN 2024-45 FOR APPROXIMATELY 0.20 ACRES LOCATED AT
2286 WEST STONE STREET IN WARD 1 FROM RSF-4, RESIDENTIAL
SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN (2024-656)
CA 2. REZONING-2024-0046: (510 W. PRAIRIE ST./SCOTT, 523):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING
PETITION RZN 2024-46 FOR APPROXIMATELY 0.16 ACRES LOCATED AT
510 WEST PRAIRIE STREET IN WARD 2 FROM R-O, RESIDENTIAL -OFFICE
TO DG, DOWNTOWN GENERAL (2024-657)
C.13. REZONING-2024-0048: (N. MEADOWLANDS DR/DOUBLE SPRINGS
BROTHERS LLC, 400):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING
PETITION RZN 2024-48 FOR APPROXIMATELY 1.40 ACRES LOCATED ON
NORTH MEADOWLANDS DRIVE IN WARD 4 FROM R-O, RESIDENTIAL -
OFFICE TO CS, COMMUNITY SERVICES (2024-658)
City of Fayetteville, Arkansas page 7
City Council Meeting Final Agenda November 7, 2024
D. CITY COUNCIL AGENDA SESSION PRESENTATIONS
D.1. WALKER PARK SENIOR ACTIVITY AND WELLNESS CENTER REPORT
CHASE GIPSON
E. CITY COUNCIL TOUR
E.1. URBAN LOFTS AT NELSON HACKETT LARGE SCALE DEVELOPMENT
APPEAL (LSD-2024-0011) CITY COUNCIL TOUR
TOUR DATE: NOVEMBER 4TH, 2024
TIME: 4:00 PM
ADDRESS: SOUTHEAST OF NELSON HACKETT BOULEVARD/SOUTH
STREET
PARKING: ALONG BLOCK AVENUE AND 4TH STREET (SEE ATTACHED)
REQUEST: LARGE SCALE DEVELOPMENT APPROVAL FOR 138
RESIDENTIAL UNITS
F. ANNOUNCEMENTS
G. ADJOURNMENT
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may appear and address the City Council on Unfinished Business, New
Business, and Public Hearings at City Council meetings. If you wish to address the City Council
on an agenda item, please wait for the Mayor or Chair to request public comment. When the
Mayor or Chair recognizes you, please start your public comment by giving your name and
address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct
your comments to the appropriate elected officials, staff, or others for response. Keep your
comments respectful, brief, to the point, and relevant to the agenda item being considered.
Each speaker from the public will be allowed one turn to speak for discussion of an agenda
item.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council
pertaining to City Council meetings:
Agenda Additions: A new item which is requested to be added to the agenda at a City Council
meeting should only be considered if it requires immediate City Council consideration and if the
normal agenda setting process is not practical. The City Council may only place such new item
on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda
addition shall be heard prior to the Consent Agenda.
Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group
without discussion by the City Council. If a Council Member wishes to comment upon or discuss
a Consent Agenda item that item shall be removed and considered immediately after the
Consent Agenda has been voted upon.
City of Fayetteville, Arkansas page 8
City Council Meeting Final Agenda November 7, 2024
Unfinished Business and New Business:
Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if
an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant
(city contractor, rezoning or development applicant, appellant from a final decision of the Planning
Commission or City Staff, etc.) may present its proposal only during 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 staff's 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.
Public Comments: Public comment at a City Council meeting shall be allowed on all items of
unfinished and new business and subjects of public hearings. Amendments may receive public
comments only if approved by the City Council by unanimous consent or majority vote. Speakers
present in the City Council Chambers shall be recognized before speakers participating by
electronic means. Speakers shall be limited to a maximum of three (3) minutes to discuss the
agenda item or amendment being considered by the City Council. The City Council may allow a
speaker additional time by unanimous consent or majority vote. As part of a person's public
comments allowed above, the speaker may use electronic visual aids during their three (3) minutes
presentation period concerning the agenda item being considered by the City Council.
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 comments that are
harassing or amount to a personal attack against any identifiable individual including abusive
comments and derogatory remarks about integrity or offer any other comments that are also not
limited to the discussion of the specific agenda item being considered by the City Council. 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.
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.
Smoking Prohibited: There will be no smoking allowed in the City Council Chambers during City
Council meetings.
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.
Interpreters or Telecommunications Devices for the Deaf (TDD), for hearing impaired are available
for all City Council meetings, a 72-hour advance notice is required. For further information or to
request an interpreter, please call 479-575-8330.
A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov
or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323.
City of Fayetteville, Arkansas page 9
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 7, 2024
TO: Mayor Jordan and City Council
THRU:
CITY COUNCIL MEMO
2024-715
FROM: Lioneld Jordan, Mayor
SUBJECT: Resolution Approving a Land Sale Agreement with Lewis Brothers Leasing Co. for
approximately 0.057 acres of City -owned property
RECOMMENDATION:
Mayor Jordan recommends that the City Council approve a resolution authorizing the sale of approximately
0.057 acres of City -owned property on W. Moore Lane to Lewis Brothers Leasing Company, Inc.
BACKGROUND:
On October 15, 2024, the City Council passed Resolution 250-24 expressing its intent to sell City owned
property on West Moore Layne to Lewis Brothers Leasing Company, Inc.
DISCUSSION:
City staff prepared and published notice of the sale in the newspaper on October 20, 2024, in accordance with
Section 34.27 of the City Code.
BUDGET/STAFF IMPACT:
The City will receive the amount of $100.00, which will cover the City's costs.
ATTACHMENTS: Mayor Jordan Agenda Request Form - Signed (#3), Warranty Deed - City to Lewis Brothers
- W Moore Lane (#4), 250-24 Resolution (#5), Land Sale Agreement - Executed - 103124 (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2024-715
Resolution Approving a Land Sale Agreement with Lewis Brothers Leasing Co. for approximately
0.057 acres of City -owned property
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH LEWIS BROTHERS
LEASING COMPANY, INC. FOR THE SALE OF APPROXIMATELY 0.057 ACRES FOR $100.00
WHEREAS, on October 15, 2024, the City Council passed Resolution 250-24 expressing its intent to
sell City owned property on West Moore Layne to Lewis Brothers Leasing Company, Inc.; and
WHEREAS, the land sale agreement provides for the sale of approximately 0.057 acres to Lewis
Brothers Leasing Company, Inc. for the amount of $100.00; and
WHEREAS, the property is not needed for municipal purposes and it is not necessary to rezone the
property at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Land Sale
Agreement attached to this Resolution with Lewis Brothers Leasing Company, Inc. to convey 0.057
acres of City property to Lewis Brothers Leasing Company, Inc. for the amount of one hundred dollars
($100.00).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to
sign the Land Sale Agreement and all other documents necessary to accomplish this conveyance.
Page 1
Civic Clerk Item No.: 2024-715
AGENDA REQUEST FORM
FOR: Council Meeting of November 7, 2024
FROM: Mayor Lioneld Jordan
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH LEWIS
BROTHERS LEASING COMPANY, INC. FOR THE SALE OF
APPROXIMATELY 0.057 ACRES FOR $100.00
AP131WVED FOR AGENDA:
ioileld Jorda
Mayor
v
Blake Pennington
Senior Assistant City Attorney
Approved as to form
V
'z
Da
Date
RESOLUTION NO.
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH LEWIS BROTHERS
LEASING COMPANY, INC. FOR THE SALE OF APPROXIMATELY 0.057 ACRES FOR
$100.00
WHEREAS, on October 15, 2024, the City Council passed Resolution 250-24 expressing its
intent to sell City owned property on West Moore Layne to Lewis Brothers Leasing Company,
Inc.; and
WHEREAS, the land sale agreement provides for the sale of approximately 0.057 acres to
Lewis Brothers Leasing Company, Inc. for the amount of $100.00; and
WHEREAS, the property is not needed for municipal purposes and it is not necessary to rezone
the property at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Land
Sale Agreement attached to this Resolution with Lewis Brothers Leasing Company, Inc. to
convey 0.057 acres of City property to Lewis Brothers Leasing Company, Inc. for the amount of
one hundred dollars ($100.00).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor
Jordan to sign the Land Sale Agreement and all other documents necessary to accomplish this
conveyance.
PASSED and APPROVED this 7"' day of November, 2024.
APPROVED:
an
ATTEST:
go
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
Part of Parcel No. 765-15874-001
WARRANTY DEED
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 Hundred
Dollars ($100.00), the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and convey unto Lewis Brothers Leasing Company, Inc., a
corporation organized pursuant to the laws of the State of Arkansas, hereinafter
called GRANTEE, and unto Grantee's heirs and assigns, the following described
land situated in the County of Washington, State of Arkansas, to -wit:
A part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section Thirty -Three (33),
Township Seventeen (17) North, Range Thirty (30) West, being more particularly described as follows:
Beginning at a point which is 330.81 feet East and 688.88 feet North of the Southwest corner of said forty
acre tract; thence N00°13'00" E 145.00 feet; thence S89°45'00" E 17 feet; thence S00°13'00" W 145.22
feet; thence N89°00'48" W 17 feet to the point of beginning, containing 0.057 acres, more or less,
Washington County, Arkansas.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's heirs and assigns, forever. And the said Grantor hereby covenants that it is lawfully seized of said lands and
premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands
against all legal claims whatever.
WITNESS the execution hereof on this the day of 2024.
ATTEST:
KARA PAXTON, City Clerk -Treasurer
[SEAL]
CITY OF FAYETTEVILLE, ARKANSAS
A Municipal Corporation
By:
LIONELD JORDAN, Mayor
REVENUE STAMPS AFFIDAVIT
The foregoing deed has the correct amount of Revenue
Stamps affixed or is exempt from such stamps.
Lewis Brothers Leasing Company, Inc.
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
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, respectively, 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
City of Fayetteville, Arkansas, 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 2024.
MY COMMISSION EXPIRES:
Notary Public
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 250-24
File Number: 2024-651
SALE OF LAND TO LEWIS BROTHERS LEASING COMPANY, INC. (RESOLUTION OF INTENT):
A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE
OF APPROXIMATELY 0.057 ACRES OF LAND ON WEST MOORE LANE IN WARD 4 TO LEWIS BROTHERS
LEASING COMPANY, INC. FOR THE SUM OF $100.00
WHEREAS, West Moore Lane was originally built and dedicated as a county road and became City of Fayetteville
right of way when the land was annexed in 1967; and
WHEREAS, as properties developed in the area, the City acquired additional right of way through dedication and by
deed; and
WHEREAS, on November 21, 2023, at the request of Lewis Brothers Leasing Company, Inc., the City Council
vacated portions of the West Moore Lane right of way adjacent to properties the company owned; and
WHEREAS, by operation of law, most of the vacated right of way reverted to Lewis Brothers Leasing Company, Inc.
but a portion that had been conveyed to the City by deed reverted to the City; and
WHEREAS, Lewis Brothers Leasing Company, Inc. has requested that the City sell the small portion of land so that it
may proceed with its plans for development and has offered to pay $100.00 for the land.
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 notifies the public that the City may sell
approximately 0.057 acres of land to Lewis Brothers Leasing Company, Inc. for the sum of $100.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that the property does not need
to be rezoned at this time and that no appraisal is necessary as the remnant piece of land is unusable to anyone but
Lewis Brothers Leasing Company, Inc.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby informs the public that the City Council
may consider a City Council resolution to approve a contract to sell this property to Lewis Brothers Leasing Company,
Inc. during the November 7, 2024 City Council Meeting.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that this property adjacent to
the land owned by Lewis Brothers Leasing Company, Inc. is no longer needed for municipal purposes because the City
has sufficient right of way for West Moore Lane and because the property lies in the middle of land owned by Lewis
Page 1
Resolution: 250-24
File Number: 2024-651
Brothers Leasing Company, Inc.
PASSED and APPROVED on October 15, 2024
Page 2
`j jJ11111111/ji
Attest: ���X'0' K / T y� -1111
A' • • G\T Y nF_ .
;fAYi_II! ;
Kara Paxton, City Clerk Trea urer • ti'�,
Received from Blake Pennington on 11/01/2024 at 10:09 am
LAND SALE AGREEMENT
THIS LAND SALE AGREEMENT ("Agreement") is made and entered into by and
between the City of Fayetteville, Arkansas, a municipal corporation of the State of Arkansas
(hereinafter "Fayetteville") and Lewis Brothers Leasing Company, Inc., a corporation organized
pursuant to the laws of the State of Arkansas ("Purchaser").
For valuable consideration, the receipt and adequacy of which are hereby acknowledged,
Fayetteville and Purchaser agree as follows:
TERMS AND CONDITIONS
Sale
Subject to the terms and conditions of this Agreement, Fayetteville agrees to sell and
Purchaser agrees to purchase certain real property designated as Parcel # 765-15874-001 (the
"Property"). The Property is legally described as follows:
A part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of
Section Thirty -Three (33), Township Seventeen (17) North, Range Thirty (30)
West, being more particularly described as follows: Beginning at a point which is
330.81 feet East and 688.88 feet North of the Southwest corner of said forty acre
tract; thence N00°13'00" E 145.00 feet; thence S89°45'00" E 17 feet; thence
S00013'00" W 145.22 feet; thence N89°00'48" W 17 feet to the point of
beginning, containing 0.057 acres, more or less, Washington County, Arkansas
In exchange for the Purchase Price of $100.00 to be paid at the closing, Fayetteville shall
execute and deliver a general warranty deed to Purchaser which shall convey the Property to
Purchaser subject to existing easements and rights of way of record.
2. Contingencies
None.
3. Purchase Price
In consideration of the sale of the Property, Purchaser shall pay to Fayetteville at closing
the purchase price of ONE HUNDRED DOLLARS ($100.00) (the "Purchase Price").
4. Closing Date and Place
Closing shall occur within thirty (30) days following the date this Agreement has been
executed by both parties unless extended by mutual agreement of the parties in writing. The
Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas unless otherwise agreed
to in writing by the parties.
Date of Possession
Possession of the Property shall be delivered to Purchaser on the Closing date free of any
tenancies or other third party possessory rights.
6. Title Insurance
NIA
Deed and Other Documents
On the Closing date, Fayetteville shall convey marketable title to the Property by general
warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this
Agreement and approved by Purchaser, subject only to current real estate taxes, if any (to be
apportioned between the parties) and existing easements approved by Purchaser. The expense of
revenue stamps and recording fees, if any, shall be paid by Purchaser.
Risk of Loss
Risk of loss as to the Property shall remain with Fayetteville until the Closing date.
Purchaser's Due Diligence
Purchaser may enter upon the Property to conduct any surveying, testing or inspection it
deems necessary to ensure the Property will be appropriate for the construction and use for its
facility. If Purchaser discovers any problems that would adversely impact its development and use
of the Property for its facility, Purchaser shall notify Fayetteville which is granted sixty (60) days
to remediate any problem. Fayetteville may also terminate this Agreement without penalty rather
than remediating any problem or issue discovered by Purchaser. Likewise, if Fayetteville does not
remediate the problem to the satisfaction of Purchaser within the time allowed by this Agreement,
Purchaser may terminate this Agreement without penalty or proceed under this Agreement to
accept the property without resolution of the problem.
10. Notices
Notices required by this Agreement shall be in writing and shall be delivered to:
Lewis Brothers Leasing Company, Inc,
CIO Suzanne Clark, Clark Law Firm
121 West South Street
Fayetteville, Arkansas 72701
sclark@clark-firm.com
City of Fayetteville
ATTN: Mayor's Office
113 W. Mountain Street
Fayetteville, AR 72701 72701
mayor@fayetteville-ar.gov
11. Authority
Each of the parties represent and warrant that they are authorized to enter into this
Agreement and that execution hereof will bind the entities to this Agreement.
12. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute one and the same agreement.
13. Facsimile
For purposes of executing this Agreement, a facsimile signature shall be as effective as an
actual signature.
14. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State
of Arkansas.
15. Survival
The representations, warranties, and agreements of the parties contained herein shall
survive the closing date.
16. No Waivers
The waiver by either party hereto of any condition or the breach of any term, covenant or
conditions herein contained shall not be- deemed to be a waiver of any other condition or of any
subsequent breach of the same or of any other tern, covenant or condition herein contained.
17. Time of Essence
Time is of the essence in this Agreement.
18. Invalidity
If for any reason any term or provision of this Agreement shall be declared void and
unenforceable by any court of law or equity, it shall only affect such particular term or provision
of this Agreement and the balance of this Agreement shall remain in full force and effect and shall
be binding upon the parties hereto.
19. Complete Agreement
All understandings and agreements heretofore existing between the parties are merged into
this Agreement that alone fully and completely expresses their agreement. This Agreement may
be changed only in writing signed by both of the parties hereto and shall apply to and bind the
successors and assigns of each of the parties hereto and shall not merge with the deed delivered to
Purchaser at closing.
20. Environmental Assessment
Purchaser may perform such tests and studies as Purchaser may deem necessary or
appropriate to determine the environmental condition of the Property, such tests and studies to
include, without limitation, "Phase I" environmental site assessments and such additional testing,
including "Phase II" environmental site assessments, as determined by Purchaser to be necessary
in Purchaser's discretion. Fayetteville hereby represents and warrants to Purchaser that, to the best
of its knowledge, the Property is not contaminated with any chemical, material or substance to
which exposure is prohibited, limited or regulated by any federal, state, county, local or regional
authority or which is known to pose a hazard to health and safety and that the Property has never
been used for a landfill, dump site, storage of hazardous substances, or by a manufacturer of any
product or for any other industrial use.
Date: —/,,--)/
LEWIS BROTHERS LEASING
COMPANY, INC.
By:
att:i e �s, CEO
W
Date:
CITY OF FAYETTEVILLE,
ARKANSAS
ME
Lioneld Jordan, Mayor
ATTEST:
I0
Kara Paxton, City Clerk Treasurer
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 7, 2024
CITY COUNCIL MEMO
2024-648
TO: Mayor Jordan and City Council
THRU: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs
Susan Norton, Chief of Staff
FROM: Joanna Bell, Arts and Culture Director —Parks, Natural Resources and Cultural Affairs
SUBJECT: Contract with AGAR LLC for Curation and Installation of a Mural on the West Avenue
Parking Garage
RECOMMENDATION:
Staff recommends approval of the contract with AGAR LLC for the curation and installation of the West Avenue
Parking Garage Mural.
BACKGROUND:
The City of Fayetteville issued an RFP (RFP 24-12) seeking a qualified firm to curate and produce a mural on
the West Avenue Parking Garage as part of the Cultural Arts Corridor. The intent of this project is to create a
visually engaging and community -centered artwork that enhances the area's appeal and fosters a stronger
sense of place. AGAR LLC was selected through a competitive process based on their qualifications and
extensive portfolio of public art installations.
DISCUSSION:
AGAR LLC has extensive experience in placemaking, public art, and mural production, and their proposal
aligns with the City's vision for enhancing the Cultural Arts Corridor. The contract covers the full scope of work,
including strategy development, artist selection, design refinement, and on -site mural installation. AGAR LLC
has proposed a three-phase project: Public Art & Experience Strategy, Design & Development, and Production
& Installation. Each phase will involve close collaboration with a curatorial committee and key stakeholders to
ensure alignment with the Cultural Arts Corridor's goals, and the artwork will go before Fayetteville Arts Council
for consideration before installation. The mural will enhance the parking garage, transforming it into an artistic
landmark that encourages community engagement. The project also includes considerations for potential
future programming, such as projection mapping and interactive elements, which can further activate the site.
BUDGET/STAFF IMPACT:
The total project cost is $84,882, which includes all design, artist fees, material procurement, and installation
management. This cost is within the budget allocated for public art commission within the Capital Improvement
Project budget.
ATTACHMENTS: SRF (#3), Appendix A Scope of Work and Fees (#4), RFP 24-12 AGAR Contract - Partially
Executed (#5), RFP 24-12, Submittal - AGAR LLC - E (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2024-648
Contract with AGAR LLC for Curation and Installation of a Mural on the West Avenue Parking
Garage
A RESOLUTION TO AWARD RFP 24-12 AND AUTHORIZE A CONTRACT WITH AGAR LLC IN
THE AMOUNT OF $84,882.00 FOR THE CURATION AND INSTALLATION OF THE WEST
AVENUE PARKING GARAGE MURAL
WHEREAS, the City issued RFP 24-12 seeking a qualified firm to curate and produce a mural on the
West Avenue Parking Garage as part of the Cultural Arts Corridor; and
WHEREAS, the intent of this project is to create a visually engaging and community -centered artwork
that enhances the area's appeal and fosters a stronger sense of place; and
WHEREAS, AGAR, LLC was selected through a competitive process based on its qualifications and
extensive portfolio of public art installations.
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 awards RFP 24-12 and
authorizes a contract with AGAR LLC in the amount of $84,882.00 for the curation and installation of
the West Avenue Parking Garage Mural.
Page 1
Joanna Bell
Submitted By
City of Fayetteville Staff Review Form
2024-648
Item ID
11/7/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/17/2024 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of the contract with AGAR LLC for the curation and installation of the West Avenue
Parking Garage Mural.
4470.520.8520-5315
Account Number
24009
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital Improvement Fund
Fund
Public Art Commission, Misc.
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 155,000.00
$ 24,000.00
131,000.00
$ 84,882.00
e. 46,118.00
Previous Ordinance or Resolution #
Approval Date:
V20221130
RFP 24-12, Placemaking Firm, Curator, or
Artist Studio for Parking Deck Mural
APPENDIX A- Scope of Work & Fees
AGAR LLC will oversee and manage the design, development, and installation of a mural on
the West Avenue Parking Deck in Fayetteville, Arkansas. The mural will enhance the
structure as a part of the Cultural Arts Corridor, supporting community engagement and
placemaking efforts through public art
Deliverables
Phase 1: Public Art Strategy
Deliverables:
1. Immersion Session/Input
a. Create the Curatorial Committee- a selected group of key Fayetteville
stakeholders to advise and steward the project
b. In -person session with two AGAR team members to define project vision,
objectives, and goals with key stakeholders and the Curatorial Committee.
c. Deliver summary and programming strategy approach.
2. Theme Development
a. Present three (3) conceptual theme territories with narratives, artistic style, and
technique considerations.
b. Refine based on Curatorial Committee feedback.
3. Artist Portfolio Review
a. Provide portfolios for up to three (3) artists aligned with the chosen theme.
b. Facilitate artist selection for design development.
4. Preliminary Budgeting
a. Outline preliminary budget based on artist fees, logistics, and installation
methodology.
Fee for Phase 1: $10,050
Phase 2: Mural Design & Development
Deliverables
1. Concept Design
a. Curator and Artist to provide/develop three (3) custom concept designs for
the mural with proposed medium and methods.
b. Refine selected design with up to two (2) rounds of revisions.
2. Programming Strategy
a. Present strategies for potential future experiential enhancements, such as
lighting, projection mapping, and interactive elements.
3. Final Budget:
a. Deliver final budget for mural design, materials, installation, and logistics.
b. Ensure all required permits and insurance are secured.
Fee for Phase 2: $8,100
Phase 3: Mural Production & Installation
Deliverables:
1. On -Site Management
a. Manage mural installation, including wall priming, material procurement, and
artist coordination.
b. Oversee logistics, including equipment (lifts, storage, etc.) and scheduling.
2. Installation
a. Ensure proper execution of the mural design on -site with AGAR project
management team overseeing the process.
b. Coordinate artist travel and accommodations as necessary.
3. Programming Roadmap
a. Develop a roadmap for future programming around the mural, outlining
potential activations and projected budgets.
Fee for Phase 3: $66,732
Total Project Budget: $84,882, covering all three phases
Miscellaneous:
• City of Fayetteville will provide a clean and prepped wall surface for priming, and
access to the site.
• AGAR LLC is responsible for procuring materials and equipment required for the
mural installation.
• City of Fayetteville is responsible for securing any necessary local permits or
approvals for the mural installation.
• Weather delays may impact the project timeline and could result in additional costs
for equipment rental.
Timeline
Phase 1: October 25, 2024 — December 10, 2024
Phase 2: December 11, 2024—January 10, 2025
Phase 3: January 11, 2025— March 31, 2025
Aft CITY OF
FAYETTEVILLE
ARKANSAS
City of Fayetteville
RFP 24-12, Placemaking Firm, Curator, or
Artist Studio for Parking Deck Mural
Contract — Between City of Fayetteville, AR
and AGAR, LLC
This contract executed this _day of 2024, between the City of Fayetteville, Arkansas (City), of 113
W. Mountain, Fayetteville, AR 72701 and AGAR, LLC (AGAR) of 1205 Walnut Street, Cincinnati, OH
45202, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Purpose: The purpose of this Contract is to provide the terms and conditions necessary for the
engagement of a Curator for Parking Deck Mural for the City of Fayetteville (the "Project").
2. Contract Documents: The Contract documents which comprise the contract between the City of
Fayetteville and AGAR consist of this Contract and the following documents attached hereto, and made
a part hereof:
a. Appendix A: Scope of Work & Fees
b. Appendix B: City Issued Solicitation for RFP 24-12
c. Appendix C: AGAR's RFP Submittal
d. Appendix D: AGAR's Certificate of Insurance
3. City's Responsibilities:
a. The City shall make available to AGAR, all relevant information or data pertinent to the Project
which is required by AGAR to perform the Services. AGAR shall be entitled to rely upon the
accuracy and completeness of all information and data furnished by the City, including
information and data originating with other consultants employed by the City whether such
consultants are engaged at the request of AGAR or otherwise. Where such information or data
originates either with the City or its consultants then AGAR shall not be responsible to the City
for the consequences of any error or omission contained therein.
b. When requested by AGAR, the City may engage specialist consultants directly to perform
items of work necessary to enable AGAR to carry out the Services. Whether arranged by the
City or AGAR, these services shall be deemed to be provided under direct contracts to the
City unless expressly provided otherwise. If the City chooses not to engage specialist
consultants, then the Parties will work cooperatively to modify the scope of services to reflect
any reductions or additions to the services to be provided by AGAR.
c. The City shall give prompt consideration to all documentation related to the Project prepared
by AGAR and whenever prompt action is necessary shall inform AGAR of City's decisions in such
reasonable time so as not to delay the schedule for providing the Services.
City of Fayetteville, AR
RFP 24-12, Parking Garage Art
Contract: AGAR
Page 1 of 7
d. The City of Fayetteville's Arts and Culture Director is the project representative with respect to
the services to be performed under this Agreement. The Arts and Culture Director shall have
complete authority to transmit instructions, receive information, interpret and define policies
and decisions with respect to materials, equipment, elements and systems to be used in the
Project, and other matters pertinent to the services covered by this Agreement.
e. Wall Preparation and Condition
i. City's Responsibility for Wall Condition
The City agrees to ensure that the wall surface of the parking garage facade, where AGAR
will design and install the mural, is in a condition suitable for mural application. This
includes:
1. Inspection: The City is responsible for inspecting the wall to identify any damages,
defects, or issues (such as cracks, water damage, water seepage, structural
weaknesses, or surface irregularities) that may affect the quality or longevity of
the mural.
2. Identification of Repairs: The City shall identify and notify AGAR in writing of any
repairs or maintenance needed to bring the wall to a condition suitable for mural
application.
3. Repairs at Client's Expense: Any repairs, reworks, or modifications to the wall,
including but not limited to cleaning, resurfacing, or patching, deemed necessary
by the City shall be completed by the City at its own expense in advance of AGAR
commencing the mural installation.
4. Delays Due to Wall Condition
If AGAR determines that the wall is not in a condition suitable for mural
application upon commencement of the work, AGAR reserves the right to delay
installation until such repairs are completed to its satisfaction. Any additional
costs or delays resulting from a wall that is not in an appropriate condition for
mural installation shall be borne solely by the City.
5. AGAR will not be held liable for any repair of the mural if issues present
themselves after installation is complete, except for those caused by AGAR in
completing the mural. Damages to the mural may come from repairs not made
by the City, issues not properly identified in advance, , or intentional defacing or
tagging of the wall.
4. AGAR's Responsibilities:
a. AGAR shall furnish the necessary qualified personnel to provide the Services. AGAR represents
that it has access to the experience and capability necessary to and agrees to perform the
City of Fayetteville, AR
RFP 24-12, Parking Garage Art
Contract: AGAR
Page 2 of 7
Services with the reasonable skill and diligence required by customarily accepted professional
practices and procedures normally provided in the performance of the Services at the time
when and the location in which the Services were performed. This undertaking does not imply
or guarantee a perfect Project and in the event of failure or partial failure of the product or the
Services, AGAR will be liable only for its failure to exercise diligence, reasonable care, and
professional skill. This standard of care is the sole and exclusive standard of care that will be
applied to measure AGAR's performance. There are no other representations or warranties
expressed or implied made by AGAR. In particular, but not by way of limitation, no implied
warranty of merchantability or fitness for a particular purpose shall apply to the Services
provided by AGAR nor shall AGAR warrant or guarantee economic, market or financial
conditions, proforma projections, schedules for public agency approvals, or other factors
beyond AGAR's reasonable control.
5. Non -Assignment: AGAR shall not assign its duties under the terms of this agreement without prior
written consent of the City.
6. Indemnification and Hold Harmless:
a. AGAR agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, but
not defend, against any and all claims for property damage, personal injury or death, arising
from AGAR's performance under this contract. This clause shall not, in any form or manner, be
construed to waive that tort immunity set forth under Arkansas Law.
b. Notwithstanding anything to the contrary, the total amount of all claims the City of Fayetteville
may have against AGAR under this contract or arising from the performance or non-
performance of the services under any theory of law, including but not limited to claims for
negligence, negligent misrepresentation and breach of contract, shall be strictly limited to the
fees. As the City of Fayetteville's sole and exclusive remedy under this contract any claim,
demand or suit shall be directed and/or asserted only against AGAR and not against any of
AGAR's employees, officers or directors. Neither the City of Fayetteville nor AGAR shall be liable
to the other or shall make any claim for any incidental, indirect or consequential damages
arising out of or connected to this contract or the performance of the services on this project.
This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits,
loss of income, unrealized energy savings, diminution of property value or loss of
reimbursement or credits from governmental or other agencies.
7. Insurance:
a. AGAR shall furnish a certificate of insurance addressed to the City of Fayetteville within ten (10)
calendar days after contract finalization, presenting insurance which shall be maintained
City of Fayetteville, AR
RFP 24-12, Parking Garage Art
Contract: AGAR
Page 3 of 7
throughout the term of the Contract in compliance with the terms of RFP 24-12. If applicable,
AGAR shall require any subcontractor to provide insurance. In the event any employee engaged
in work on the project under this contract is not protected under Worker's Compensation
insurance, AGAR shall provide and shall cause each subcontractor to provide adequate
employer's liability insurance for the protection of such of their employees are not otherwise
protected. Worker's Compensation coverage shall be applicable with state law.
i. AGAR shall carry the following coverages, at minimum:
1. Worker's Compensation Insurance — Statutory Amount
2. Automotive Insurance covering all vehicles and trailers, if applicable
3. General Liability - $1,000,000 each occurrence
ii. Certificates of Insurance shall list the City of Fayetteville as an additional insured. Listing
the CITY as a Certificate Holder only is NOT an acceptable substitute. Certificates of
Insurance must include the endorsement(s) showing the City of Fayetteville listed as an
additional insured.
8. Price:
a. AGAR Consulting shall perform the services included in this proposal for a flat fee of $84,882.
i. AGAR shall strive to make decisions based on what is best for the City. As such, the
AGAR compensation is structured as a not -to -exceed fee, unless mutually agreed upon
additional services are incurred and the City is notified in advance for approval to
proceed with said additional services, with billing to be completed on a phase -complete
basis. Each billing shall be completed after each phase is complete; Phase 1, Phase 2,
and Phase 3 of project completion.
b. Additional services requested that fall outside the scope of this project shall be provided on a
mutually agreed schedule and price, utilizing the hourly fee schedule provided in AGAR's
proposal.
9. Payments:
a. Payments shall be made after approval and acceptance of each itemized invoice, which shall
not be unreasonably withheld.
b. Unless disputed by the City, payments shall be made 30 calendar days after acceptance of
invoice. Electronic delivery to the City is preferred.
10. Terms: All work as required in the Appendix A — Scope of work shall be completed by March 31, 2025.
11. Ownership of Documents:
a. All documents provided by the City are and remain the property of the City. AGAR may retain
reproduced copies of drawings and copies of other documents.
City of Fayetteville, AR
RFP 24-12, Parking Garage Art
Contract: AGAR
Page 4 of 7
b. All documents and records, whether in physical or electronic format, prepared by AGAR or its
subconsultant as part of the Project shall become the property of City when AGAR has been
compensated for all services rendered; provided, however, that AGAR shall have the unrestricted
right to their use.
c. AGAR shall retain its rights in its standard document details, specifications, databases, computer
software, and other proprietary property. Rights to intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of AGAR.
d. AGAR will grant the City, the State of Arkansas, and the United States of America a royalty -free,
non- exclusive and irrevocable license to publish, reproduce and use, and dispose of in any
manner and for any purpose without limitation, and to authorize or ratify publication,
reproduction or use by others, of all copyrightable material first produced or composed under
this agreement by the contractor, its employees or any individual or concern specifically
employed or assigned to originate and prepare such material.
12. Independent Contractor: AGAR is an independent contractor of the City and shall maintain complete
responsibility for applicable state or federal law on unemployment insurance, withholding taxes, social
security, or other industrial, labor or discrimination law for its employees. AGAR is responsible for its
agents, methods and operations.
13. Notices: Any notice required to be given under this Agreement to either party to the other shall be
sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt
confirmed), or overnight courier.
14. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, 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 photo coping costs
pursuant to the FOIA may be assessed for this compliance.
15. Termination: This Contract may be terminated by the City of Fayetteville or AGAR for any reason with
thirty (30) days written notice. If either party breaches this agreement, the non -defaulting party may
terminate this Agreement after giving seven (7) days' notice to remedy the breach. On termination of
this agreement, the City shall pay AGAR for the services performed through the date of termination
within thirty (30) days of acceptance of final invoice.
City of Fayetteville, AR
RFP 24-12, Parking Garage Art
Contract: AGAR
Page 5 of 7
16. Changes in Scope or Price: 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. No modification of this contract shall be
binding unless made in writing and executed by both parties.
17. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State
of Arkansas. Venue for all legal disputes shall be Washington County, Arkansas.
18. Contract Administration: The Mayor or their Designated Representative shall be the Contract
Administrator for this contract. AGAR's Principal or their Designated Representative shall be the primary
contact for all matters pertaining to this contract.
19. Professional Responsibility: AGAR shall exercise reasonable skill, care, and diligence in the performance
of services and will carry out its responsibilities in accordance with customarily accepted professional
practices.
20. Permits & Licenses: AGAR shall secure and maintain any and all permits and licenses required to
complete this Contract.
21. Publications: Recognizing the importance of professional development on the part of AGAR's employees
and the importance of AGAR's public relations AGAR may prepare publications, such as technical papers,
articles for periodicals, promotional materials, and press releases, in electronic or other format,
pertaining to AGAR's services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall
review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to AGAR. CITY OF
FAYETTEVILLE may require deletion of proprietary data or confidential information from such
publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved
materials may be used in a variety of situations and do not require additional review or approval for
each use. The cost of AGAR's activities pertaining to any such publication shall be for AGAR's account.
22. Entire Agreement: These Contract documents constitute the entire agreement between the City of
Fayetteville and AGAR and may be modified only by a duly executed written instrument signed by the
City of Fayetteville and AGAR. In the event of a conflict between the terms of this Contract and the
appendices, this Contract and the terms and conditions contained in Appendix B shall control.
23. Force Maleure: Any default in the performance of this Agreement caused by any of the following events
and without fault or negligence on the part of the defaulting party shall not constitute a breach of
contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions
or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable
City of Fayetteville, AR
RFP 24-12, Parking Garage Art
Contract: AGAR
Page 6 of 7
control or contemplation of either party. Nothing herein relieves the City of its obligation to pay AGAR
for services actually rendered.
24. Severability: In the event that any court of competent jurisdiction shall determine that any provision of
this agreement shall be unenforceable, then that provision shall be deemed to be null and void and the
remaining provisions hereof shall remain in full force and effect.
25. Debarment Certification: AGAR hereby provides debarment/suspension certification indicating
compliance with the below Federal Executive Order. 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. AGAR hereby attests its principal is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any federal department or agency.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and AGAR LLC by its
authorized officer has made and executed this Agreement as of the day and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
Bv:
LIONELD JORDAN, MAYOR
ATTEST
Kara Paxton, City Clerk
Date Signed:
City of Fayetteville, AR
RFP 24-12, Parking Garage Art
Contract: AGAR
Page 7 of 7
AGAR LLC
�_
By: —j_-q
JOSH HEUSER, OWNER/PRINCIPAL
Date Signed:
CITY OF
VA FAYETTEVILLE
ARKANSAS
RFP 24-12 Addendum 1
AGAR LLC
Supplier Response
Event Information
Number: RFP 24-12 Addendum 1
Title: Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
Type: Request for Proposal
Issue Date: 6/30/2024
Deadline: 7/24/2024 02:00 PM (CT)
Notes: The City of Fayetteville, Arkansas, seeks proposals from qualified
firms for a Placemaking Firm, Curator, or Artist Studio for Parking
Deck Art Installation. Any questions regarding this RFP shall be
directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent
at abeilfuss@fayetteville-ar.gov or (479) 575-8220.
Contact Information
Contact: Kenny Fitch Purchasing Agent
Address: Purchasing
Room 306
City Hall
113 West Mountain Street - Room 306
Fayetteville, AR 72701
Email: kfitch@fayetteville-ar.gov
Page 1 of 2 pages Vendor: AGAR LLC RFP 24-12 Addendum 1
AGAR LLC Information
Contact: Accounting
Address: 1205 Walnut Street
Cincinnati, OH 45202
Phone: (513) 549-4576
Email: accounting@theagar.com
Web Address: www.theagar.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Robyn Novak
Signature
Submitted at 712312024 04:10:26 PM (CT)
Supplier Note
robyn@theagar.com
Email
On behalf of the entire AGAR team, Thank you for the opportunity to submit this response. Please do not
hesitate to reach out to me, Robyn Novak, robyn@theagar.com with any questions.
Requested Attachments
RFP 24-07, Placemaking Firm, Curator, or Artist Studio for Parking AGAR_Fayetteville_Final.pdf
Deck Mural
Please attach the signed and completed RFP form, located in the 'Attachments' tab, along with proposal.
Response Attachments
AGAR —Fayetteville —Executive Summary.pdf
Executive Summary
RFP 24-12, Artist for Parking Deck Mural _AGAR_Signed_Forms.pdf
Signed RFP Forms
AGAR —Fayetteville Reference Bios.docx
AGAR References
AGAR —Fayetteville Team Bios.docx
AGAR team bios
Bid Attributes
1 Addendum Acknowledgement
By selecting "I agree", you acknowledge that you have read all addendum(s) that have been issued for this
solicitation, if applicable.
Z I agree
Page 2 of 2 pages Vendor: AGAR LLC RFP 24-12 Addendum 1
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AGAR is a medium for growth. We were founded on
the principle of #GrowingCulture and put this mantra
into practice with every partnership and project we
commence.
The City of Fayetteville's West Avenue Parking Deck
Mural and Programming provides a unique
opportunity to curate a dynamic and engaging public
art space, building upon the experiential foundations
already imbedded within the Ramble and ultimately
fostering continued conversations and connections
within the community.
At AGAR we view our engagement with clients as a
collaborative process and we value the opportunity to
share our response for this RFP. We would be happy
to walk through this presentation and/or answer any
questions that may arise.
._
14
Table of Contents:
n
Part 01 Introduction,
Qualifications and
Experience/Previous Public
Art & Placemaking Projects
Par* 02 Strategy & Budget
Proposal
Part 0.7 References
Part 04 Other Relevant
Information
Part Detailed Project
Timeline
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Sol About AGAR
1, Qualifications and At AGAR, we believe in the power of
Previous Public Art & public art to grow community, culture,
Projects and commerce. As an experiential
marketing and placemaking agency, we
leverage experiential design and
communications, event production
public art curation, and technology to
reach audiences and grow culture for
companies, brands, and the communities
we serve. Our services allow us to curate
today and program for tomorrow.
We believe
human
n n ee,.*. t i n
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As the world moves more and
more digital, the value of a human
connection and experience
inherently increases.
Creating moments
�! that touch the soul
t We curate unforced fascination around
the core premise of purposeful
-i
engagement:
- Explore. Dialogue. Share.
A continuous cycle of challenging the
, status quo, discovering the untapped,
and encouraging guests to share and
` = converse today's relevancy and
..__. tomorrow's innovation.
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Our Placemaking & Public Art offer is unique, offering full 360 services from strategy, curation, and design,
to in-house production, project management, installations, programming and more.
Placemaking Strategy, Development & Positioning
Cultural Strategy & Opportunity Assessment
Community Outreach & Engagement
Programming, Event Strategies & Activations
Public Art Design, Strategy & Curation
Art Installation Management
Artist Events &Speaking Engagements
Naming, Brand Identity Design &Systems
Environmental Graphic Design &Way finding
Experiential Communications Strategy &Activations
Artist Influencer Strategy &Talent Management
Social Media Strategy & Activation
Video Production & Motion Graphics
OUR SERVICES
Experiences
Strategy
Design
Production
Communication
Content
5
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TRISTAN EATON - CINCINNATI, OH
The most collectible street artist in the world paints his largest mural
ever, resulting in the biggest piece of street art in the mid -west.
AGAR's Role: Curation, Artist Management, Production Management, Media Strategy
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Tristan Eaton is a renowned American artist and designer, celebrated for his
vibrant and eclectic murals that adorn cities worldwide. Born in Los Angeles
in 1978, Eaton began his artistic journey as a graffiti artist in his teens,
eventually transitioning into commercial design and toy creation with his
brand Kidrobot. Known for his bold use of color, intricate layering, and pop
culture references, Eaton's work combines elements of street art, graphic
design, and fine art. His large-scale murals can be found in cities such as
New York, Paris, and Detroit, making him a prominent figure in the
contemporary art scene. In addition to his public art, Eaton's work has been
featured in galleries and museums, solidifying his status as a versatile and
influential artist.
ART BASEL +Xylene -Miami, FL
"Mid -west artists debut first projection mapped mural at the
largest art fair in the US"
AGAR's Role: Festival Engagement, Artist Management, Production, Installation
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Xylene Projects is a cutting -edge art collective known for its avant-garde installations and
multimedia creations that push the boundaries of contemporary art. Founded by a group of
visionary artists with diverse backgrounds in digital media, sculpture, and performance art,
Xylene Projects seeks to create immersive experiences that challenge perceptions and
provoke thought. Their work often incorporates elements of technology, light, and sound,
resulting in dynamic pieces that engage all the senses. Based in Kentucky the collective has
exhibited internationally, captivating audiences at prominent art festivals and galleries around
the world. Xylene Projects continues to innovate and inspire, establishing itself as a pioneering
force in the evolving landscape of modern art.
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"Spraying and rolling" at the biggest touring mural festival in the US
AGAR's Role: Community Engagement, Production, Installation
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Xylene Projects is a cutting -edge art collective known for its avant-garde installations and
multimedia creations that push the boundaries of contemporary art. Founded by a group of
visionary artists with diverse backgrounds in digital media, sculpture, and performance art,
Xylene Projects seeks to create immersive experiences that challenge perceptions and
provoke thought. Their work often incorporates elements of technology, light, and sound,
resulting in dynamic pieces that engage all the senses. Based in Kentucky the collective has
exhibited internationally, captivating audiences at prominent art festivals and galleries around
the world. Xylene Projects continues to innovate and inspire, establishing itself as a pioneering
force in the evolving landscape of modern art.
Factory 52, Norwood, OH + Chroma Projects
"Building a new town square from scratch with a nod to its deep artistic history"
AGAR's Role: Historic Research, Curation, Artist Management, Production, Installation + Programming
(Activations, PR & Communications)
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Chroma Projects is a dynamic and innovative art collective based in Cincinnati, known for its
vibrant and community -centric approach to contemporary art. Founded by a group of
passionate local artists, Chroma Projects aims to bridge the gap between art and the public
through engaging exhibitions, interactive installations, and collaborative events. Their work
often features bold colors, diverse mediums, and thought -provoking themes that reflect the
cultural and social landscape of Cincinnati. Committed to fostering creativity and inclusivity,
Chroma Projects also offers workshops and outreach programs to support emerging artists and
enrich the community. By transforming ordinary spaces into extraordinary experiences,
Chroma Projects continues to make a significant impact on Cincinnati's artistic scene.
BIO
AGAR led the design of the Card Portals, custom US Playing Bicycle cards, and currently
leads on -site programming, communication, social media and PR to broaden awareness, and
curate one -of -a -kind experiences including 52Taps, Sauced Bourbon & BBQ, Light the Season
and more.
BLINK CINCINNATI - FAITH 47
Bearing the torch of a new community through immersive storytelling.
AGAR's Role: Curation, Artist Management, Production, Installation
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Faith 47, born in Cape Town, South Africa, is an internationally renowned street and
studio artist known for her powerful and emotive work. Her art, which often explores
themes of human rights, nature, and spirituality, combines striking imagery with
deep social commentary. Faith 47's murals grace urban landscapes across the
globe, from Johannesburg to London to Los Angeles, making her a prominent figure
in contemporary street art. Her work extends beyond walls to include installations
and fine art, exhibited in galleries and museums worldwide. With a career marked
by a profound commitment to social justice and beauty, Faith 47 continues to inspire
and challenge audiences with her evocative creations.
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With the goal of creating a manifesto for a future city and bringing national awareness and
global buzz to Cincinnati, AGAR joined a handful of creative leaders and the City of Cincinnati
to design an event that would illuminate a path toward inclusion and possibility, leveraging the
great equalizer: art. With this lofty goal in mind, BLINK was born, the nation's largest immersive
art festival, now in its third year.
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OUR TEAM
JOSH HEUSER
Founder
As Founder of AGAR, Josh not only sets the overall vision for the brand, but is a strategic leader, developing
innovative business strategies to drive growth. As owner and operator of various restaurant and hospitality
venues, he maintains a unique experiential and placemaking perspective, creating experiences while garnering
valuable insights that enable him to deliver a cutting -edge guest experience. An entrepreneur always looking to
evolve, Josh and AGAR have helped change the face of Cincinnati, one endeavor and project at a time, including
BLINK, the nation's largest immersive art festival. As co -creator, Josh was critical to the success of the 2022
festival, which drove $126 million dollars of economic impact to the Cincinnati region. Josh's multifaceted
approach encompasses financial acumen, strategic vision, and a dedication to the development of the greater
community to which he calls home.
Role For Fayetteville:
Executive Sponsor
ANDREW SALZBRUN
Partner, Executive Creative Director
As the Executive Creative Director for AGAR, Andrew provides the strategic vision for the company and its
partners, leveraging a rich expertise in placemaking experience mapping and strategy. With a portfolio spanning
over a decade, Andrew's work focuses on lasting positive impact. And as co-founder and executive creative
director of BLINK, the nation's largest immersive art festival, Andrew understands first-hand how placemaking
and experiential design can create that positive impact and build long-term, meaningful culture in a community.
The success of the 2022 BLINK festival provided incredible positive fiscal impact to the region and featured 71
artists, from all over the world. With a deep resume of community -anchoring venues throughout the Midwest,
Andrew values the importance of a first impression and the people behind it.
Role For Fayetteville:
Artist Curation & Management, Executive Creative Direction (Concept Development & Design), Experiential
Programming Development
NOAH BETTING
Director of Operations
As Director of Operations, Noah facilitates public art by seamlessly blending his creative passion with operational
expertise. He doesn't just manage operations, he acts as a liaison, translating between the creative mind of the
artist and the realities of the project. During BLINK, the nation's largest immersive art festival, Noah works with
30+ international muralists, fostering strong relationships, effectively communicating project specifications and
ensuring their artistic vision thrives. This includes coordination with building owners, brick masons, art material
distributors, shippers, storage facilities, local utility providers, the City of Cincinnati, and more. Along with artist
relations, Noah acts as a site scout, assisting with the curatorial process and placement of certain artists and their
works through the city. His resourceful nature extends to acquiring essential equipment, ensuring everything is in
place for artistic creation to flourish.
For Fayetteville:
Pre -Production Coordination (Artist, Site, Client, Vendor), Budgeting, Material, Mural, Programming & Logistics
Procurement
CLAIRE KOLBERG
On -Site Project Manager
Claire Kolberg brings over 15 years of experience in executive administration, operations, and event and
production management. Most notably, she was the Director of the award -winning The Unexpected from 2015 -
2023 bringing over 45 pieces of artwork to downtown Fort Smith. Claire is a member of the Walton Arts Center
Board of Directors, and a member of the P.E.A.R.L. Ben Roberds Scholarship committee. She lives in Fayetteville
with her family.
For Fayetteville:
On -Site Project Management & Logistics„ Artist & Vendor Coordination, Client Account Services
Guiding the guest through a connected
journey at every moment of their
experience,: curating moments of
discovery, fostering conversations,
piquing curiosities, and ultimately making
memories.
The West Avenue Parking Garage Mural
for the City of Fayetteville poses a
unique opportunity transforming an
ordinary parking garage structure into
an extraordinary experience supportive
of the site's overall context, The
Ramble. "The Ramble is characterized as:
� a fun embrace of a journey ... not in a hurry
to get from point A to point B, but rather,
open to possibility ... the concept falls
nicely in sync with the cadence of a walk
or a bike ride, spontaneous conversation,
outdoor installations,
spaces."
and gathering
Marking the "first major public art
commission of the Cultural Arts
Corridor" , The West Avenue Parking
Garage aims to "transform its large
surface into a visually engaging and
community -centric artwork that will
enhance the aesthetic appeal of the
garage, foster community engagement,
and contribute to the revitalization of
Fayettevilles downtown area."
With this in mind, our approach starts
with the foundation: context and vision
for the site and its surroundings (art,
civic, cultural, and natural), curating a
theme and design that exemplifies the
core principles of The Ramble, and
ultimately bringing the vision to life for
the community to connect with.
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Our Approach
For the West Avenue Parking Garage Mural we are aligned to a three phase approach to bring
the dynamic art piece to life. Our process is collaborative inclusive of setting the vision with key
stakeholders and the community, partnering with artists) to curate a resonating and signature
piece as well as managing and producing the installation to ensure the vision is brought to life
across all touch points.
We also believe in looking at not just today, but tomorrow. We believe as part of the foundation
for this project (Phase 1) and carrying through the development and installation (Phases 2 & 3)
that we simultaneously look at experiential considerations, art -based enhancements and/or
activations and programming that may be brought to life in future phases to continually
connect the community with this art.
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• Comprehensive
Strategy
• Potential
Themes
• Artist
Considerations
• Placema ki ng &
Programming
Strategy
Approach
STRATEGIC THROUGH LINE
• Concept Design
& Development
• Final Budget
• Prog ramming
Strategy:
Enh ncements
and or
Activations
• Preliminary
Budget
• Artist
Installation
• On -Site
Management
• Future
Programming
Roadmap
• Scope &Budget
Development
• Production,
Procurement &
Live
Activation(s)
JZ
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Phase I. Public Art & Experience Strategy
OBJECTIVE
Establish the vision for the
overall public art and
experience strategy,
collaborating with the
Curatorial Committee to
create a signature piece.
DELIVERABLES
Immersion Session
Programming Strategy
Approach/CPS
Concept Strategy Themes
Artist Portfolio Review
TIMING
6 * WEEKS, PREP, PPESEN TA TIO NS +
FOLLOW-UP *PENDING CL I EN T
APPPOVALS (TENTATIVELY
0 917512 024 - 7 01S 712 024)
FEE
$70,050
KEY STEPS & DELIVERABLES
1. Develop a Comprehensive Strategy
1. Immersion Session:
Three (3) AGAR team members to attend a kick-off call/meeting to immerse in the
overall objectives, vision, and key goals for the mural with key stakeholders and/or the
Curatorial Committee. Two (2) team members for on -site visit.
2. Placemaking & Programming Strategy Approach:
As part of the Immersion Session, Discussion around short-term and long-term goals for
this particular location as well as contextual understanding of adjacent experiences that
can beleveraged/complimented upon installation, programming, and activation.
1. Deliverables: AGAR to provide Immersion Session Summary/Site Visit, Programming
Strategy Recommended Approach for Mural and Potential Future Activation
Considerations, and Overall Project CPS
2. Timing: 1-2 weeks
2. Identify Potential Themes, Styles, and Approaches for the Art Installation
1. Concept Strategy Themes:
AGAR will provide up to three (3) theme territories for the art installation including an
overarching narrative, visual and artistic style considerations, and varied technique -based
approaches for consideration to key stakeholders and/or the Curatorial Committee.
1. Deliverables: AGAR to provide three (3) theme territories, Curatorial Committee to
select one (1) for refinement for the artist consideration set. (Includes one (1) round of
minor refinement.)
2. Timing: 2weeks+/-
3. Artist Considerations
1. Artist Portfolio Review:
AGAR will facilitate curating up to three (3) artists whose work aligns with the overal
Placemaking and Experiential Art Concept Strategy/Theme. AGAR will prepare an
overview of the artist, their background, sample work, and points of consideration
(including preliminary budget) specific to the West Avenue Parking Garage.
1. Deliverables: AGAR will prepare a creative brief for artists. AGAR to provide three (3)
artists for review, Curatorial Committee to select one (1) artist to "award" and move
forward to the paid Design & Development phase. AGAR to include preliminary
budgeting considerations based upon each of the artists fees, methodology and/or
logistics. AGAR will manage all pre, during, and post correspondence with artists.
2. Timing: 2 weeks +/-
Phase 2m. Design & Development
OBJECTIVE
Design, develop and finalize
the art piece concept,
materials, methods and
budget. Provided additional
strategy regarding potential
opportunities for added
future experiential
programming and/or
enhancements.
DELIVERABLES
Concept Design &
Development
Programming Strategy
Final Budget
TIMING
4 * WEEKS; PREP, PPESEN T14 Tl O NS +
FOLLOW-UP *PENDING CL I EN T
APPROVALS (TENTATIVELY
7 710 712 024 - 7 7/3 012 024)
FEE
$8,700
KEY STEPS & DELIVERABLES
1. Concept Development
1. Concept Design & Development:
AGAR will partner with the "awarded" artist to develop up to three (3) custom
concept designs for the garage. AGAR will work with the artist to create one (1)
high-level design per concept. Including proposed medium, method and potential
future experiential enhancement considerations (With additional budget
considerations for activation if applicable).
1. Deliverables: AGAR to provide three (3) concept designs Curatorial Committee to
select one (1) for final design for artist refinement. (Includes two (2) rounds of
design refinement.)
2. Timing: 4 weeks+/-, *in tandem with Mural Budget Finalization
2. Programming Development
1. Programming Strategy:
Upon the selection of a final Concept Design, AGAR will partner with the artist to
explore potential enhancements for the selected art piece. These enhancements may
include experiential elements such as lighting, interactivity, projection, and/or
programming based activations/experiences to complement the art piece. (***Note,
these enhancements will be explored only from a strategic level (outline of idea and
material and/or method of support, anticipated added budget considerations), this
scope does NOT cover the design, development, budget and/or installation of any
programming development.)
1. Deliverables: AGAR to provide three (3) programming strategy considerations. No
rounds of refinement are included in this scope.
2. Timing: 2weeks+/-, In tandem with the Final Concept Design Refinement
3. Budget Finalization
1. Final Mural Budget:
Upon the approval of the final selected concept design for the garage, AGAR will
finalize budgeting considerations based upon the final design, methodology,
production, installation, and/or logistics. AGAR will manage all pre, during, and post
correspondence with the artist, vendors, site, city, etc.
1. Deliverables: AGAR to include final budgeting and correspondence as noted
a Bove.
2. AGAR will secure necessary insurance and permits needed to execute the work.
The client will communicate and permit and approval processes needed on a local
eve i .
3. Timing: 2 weeks +/- *in tandem with Concept Design &Development
JZ
and Bud
01
Phase 3m. Production & Installation
OBJECTIVE
On -site management of
artist installation, pre -
during, and post to ensure
conceptual design is
brought to life.
DELIVERABLES
Art Installation
On -Site Management
Future Programming Roadmap
TIMING
72 * WEEKS; PREP, PPESEN TA TIO NS +
FOLLOW-UP *PENDING CLIENT
APPPOVALS (TENTATIVELY
0 710 712025- 03/3012025)
FEE
$66,7,-52
KEY STEPS & DELIVERABLES
1. Art Installation & Management
1. Art Installation, On -Site Management:
AGAR will manage the artist installation with on -site project management. Client is
to deliver a clean, prepped/finished ready -to -paint wall. AGAR will apply one (1) coat
of primer to the existing wall (approximately 50'x100') and delivered a fully prepared
wall to the client. (*Client is responsible for any wall repairs needed prior to
commencement of the project.) AGAR will procure artist materials, supplies, lift,
equipment (as applicable), delivery and return.
1. Deliverables:
1. AGAR to procure and provide materials (paint, brushes, rollers, spray equipment,
and other supplies as applicable) including equipment (120' - 135' boom lift, pod
for paint and/or equipment storage, portalet for job site)
2. AGAR coordinate artist, vendors, materials, scheduling and logistics.
3. AGAR will manage the coordination, execution and oversight of the mural
installation.
4. AGAR to coordinate travel and accommodations with artist directly.
S. AGAR will contract, manage and pay the artists directly.
6. AGAR to be on -site for on -site project management review.
2. Timing: Installation (priming and painting) will take approximately 2 weeks. AGAR
to work with client on final installation schedule, pending local weather. It is
advised that install happens during a period where weather is consistently above
45 degrees Fahrenheit for best application and adhesion.
3. During the 12 weeks +/- allotted, it may be that there is no activity, due to weather
conditions, until the end of the period. Refer to proposed timing and schedule.
2. Programming Ideas
1. Future Programming Roadmap:
Upon the selection of the final preferred Programming Strategy Component(s).
AGAR will prepare a one -page top -line Roadmap and estimated budget to create a
critical path for future programming and/or experiential activations based upon the
desired experience. This Roadmap will outline the experiential objectives, brief,
proposed cadence and projected budgeting considerations.
1. Deliverables: AGAR to provide one -page roadmap. AGAR can provide an
additional scope of work at this time for Future Programming needs.
2. Timing: 2weeks+/-, In tandem with the Art -Installation
mart c
M re
Fees
Phase 1: Public Art &
Experience Strategy
Develop a Comprehensive Strategy
; Includes 2 AGAR staff site visit for in -person immersion session, (Travel., $2,500))
$103050
Identify Potential Themes, Styles, Approaches
Provide Artist Considerations & Preliminary Budgeting
Phase 2: Design &
Development
Concept Development
$83100
Programming Development & Presentation
Budget Finalization & Presentation
Phase 3: Production &
Installation
Art Installation & Management
* Work may not begin until the end of the period depending on local weather.
* Includes site visit and on -site artist mgmt, (Travel $2,500)
$85532
Art Material Procurement
$43200
Equipment Procurement (Lifts, storage, portalet, etc)
$165800
Wall Priming
$35000
Mural Installation / Artist Fee
$325400
Programming Ideas
$13800
TOTAL
$845882
ASSUMPTIONS
1) Client will inform AGAR of any local permitting, certificates, or licenses needed for
installing the mural.
2) If weather, or any act of God, delays the project while equipment is rented, then
additional costs for equipment may be billed back to the client.
3) The client approves that parking of boom lifts and heavy machinery is approved in
any and all areas needed to install the mural. If duradeck or plywood is needed for
driving lifts, the client must provide and pay for those items.
4) This project will not have a public call to artists. All reviews will be off of portfolios
before artists are contacted for scheduling. Site specific mockups and drawings will
only happen once a final artist is selected and confirmed.
5) Per the request of the RFP, AGAR's disclosure of profit is 15%.
Part 03
References
OUR PARTNERS
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JUSTIN BROOKHART
Executive Director of BLINK Cincinnati
Senior Vice President of Cultural Economy at the Cincinnati USA Regional Chamber
Justin orchestrates the nation's largest immersive art event spanning over 30+ city blocks across Cincinnati
and Northern Kentucky. Under his leadership, BLINK showcases monumental murals, illuminated art
installations, and projection mapping on historic architecture.
Justin brings a diverse background merging business expertise with a deep commitment to fostering the
arts. Formerly based in Austin, TX, he served as Managing Director at Mondo, collaborating with top
designers to build a global community around limited -edition collectibles. Transitioning to Renegade Craft
as Chief Operating Officer, Justin supported artistic entrepreneurs through a nationwide tour promoting the
creative economy.
Contact Information:
i brookha rt�ci nci n naticha m ber.com
NICK LINGENFELTER
Chief Development Officer, PLK Communities
Nick brings over 18 years of expertise in commercial real estate, partnering with PLK since
2014. Leading the development team, Nick champions projects that integrate placemaking
and public art, emphasizing environmental sustainability and innovative design that fosters
community engagement. His role spans the entire project lifecycle—from site selection and
entitlements to design and resident experience ensuring each development resonates
emotionally with its community.
Contact Information:
nick@plkcommunities.com
ADAM GELTER
Principal and Co -Founder at 3CDC
Adam Gelter, Principal and Co -Founder at 3CDC, has spearheaded transformative real estate developments
in Cincinnati's urban core over 19 years. With a focus on public art and placemaking, he led projects totaling
$2.5 billion, revitalizing 207 buildings and creating 17 acres of civic spaces. Notable achievements include
overseeing the $143 million renovation of Music Hall and leading the $48 million expansion of Washington
Park and $31.9 million restoration of Ziegler Park. Adam's expertise spans diverse projects such as
corporate headquarters, hotels, affordable housing, and civic buildings, integrating new market tax credits
and historic tax credits for financing. Starting as an intern at 3CDC in 2005, Adam rose to Executive Vice
President of Real Estate, overseeing major projects like the $92 million Court & Walnut development and
$750 million Convention Center District.
Contact Information:
aaelter@3cdc.org
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Part 04
Other Relevant Information
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Experience Considerations
The West Avenue Parking Garage has the opportunity to
expand it's canvas creating an engaging piece within the
Cultural Arts Corridor. We believe various facets of design
can be implemented to amplify the piece and bring
aspects of day -parting in for a holistic experience.
And our research has uncovered average weekend foot
traffic in areas with murals is 30% higher than average
weekend foot traffic in other parts of the city.
Perspective in Dimension
The facade has the opportunity to leverage enhanced
perspective and layered architectural dimension to
create visual interest. Enhanced lighting and projection
mapping can be leveraged for rotational programming
and unexpected moments of delights throughout the
yea r(s).
-reference example: Astro
Y . a
Juxtaposition of Light
The facade has the opportunity for a more permanent
integration leveraging light as dimension creating a
striking juxtaposition of light and form.
-reference example: Ian Strange
Impact in Color
The facade has the opportunity to embrace color and
light in a dramatic way. The rectangular form of the
parking garage offers a clean canvas opening the world
of possibilities and programming that can evolve over a
season, year, and beyond.
-reference example: Spy Studio
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Other Relevant Information
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Other Relevant Information
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From vision and strategy through production and installation...
mull service curation deliveree
At AGAR we take pride in " our concepts becoming reality". Ensuring
client visions are brought to life in a timely manner. We provide a critical
path schedule for each of our projects with integrated milestones for key
stakeholder reviews and approvals.
Phase 1: Public Art &
Experience Strategy
9/15/2024-10/31/2024
(6 Weeks Total)
Develop a Comprehensive Strategy
2 Weeks Total
w Kick Off Immersion Session
1 week
• Summary of Immersion Session & Project Strategy Approach
1 week
Identify Potential Themes, Styles, Approaches
2 Weeks Total
• Concept Theme Ueveiopment
1 week
• Curatorial Committee Review
1 day
o Refinement/Curatorial Committee Final Selection
1 week
Provide Artist Considerations & Preliminary Budgeting
2 Weeks Total
• Artist Portfolio Development
1 1/2 weeks
• Curatorial Committee Review & Selection of Final Artist
2 days
• Preliminary Budgeting Development & Presentation
1 week
Phase 2: Design &
Development
11/01/2024-11/30/2024
(4 Weeks Total)
Concept Development
4 Weeks Total */n tandem
with Budget Finalization
* 3 Concepts Developed
2 weeks
• Curatorial Committee Review and Selection of 1
2 days
• Concept Refinement Rd #1 & Review
1 week
• Concept Refinement Rd #2 & Final Approval
1 week
Programming Development &Presentation
2 Weeks Total */n tandem
with Concept Development
Budget Finalization &Presentation
2 Weeks Total */n tandem
with Concept Development
Phase 3: Production &
Installation
Art Installation & Management
* Work may not begin until the end of the period depending on local weather,
12 Week Allotment
1/1/2 5 - 3/3 0/2 5
Art Material Procurement and Shipping
2 weeks
Equipment Procurement (Lifts, storage, portalet, etc)
2 weeks
Wall Priming
3 days
Mural Installation
approx 1 1/2 weeks
Programming Ideas
2 Weeks *in tandem with
Art Installation
• Future Programming Roadmap Development & Presentation
2 weeks
Contact/ We imagine and build
Roby Novak spaces &places
robyn@theagar.com
+513 708 5935 Designing new worlds of wonder that
deliver unforced fascination in social
settings is our calling card.
More than apoint-in-time event,
Our placemaking
approach is a strategic
cycle of connectivity
This cycle builds a brand and cultivates
community. Done right, it creates
unparalleled connections, fosters growth
and never stops delighting.
And we welcome the
opportunity to
collaborate with the
C1tyn,q,wf Fayetteville
To curate and
program a
memorable
experience
for
today
and
tomorrow.
This document is strictly private, confidential and personal to its recipients and should
not be copied, distributed or reproduced in whole or in part, nor passed to any third
party. Reproduction of content within this document is subject to punitive fees.
Intellectual property belong to AGAR solely.
y
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Part 01
Introduction, Qualifications and
Experience/Previous Public Art &
Placemaking Projects
At AGAR, we believe in the power of public art to
grow community, culture, and commerce. As an
experiential marketing and placemaking agency,
we leverage experiential design and
communications, event production public art
curation, and technology to reach audiences and
grow culture for companies, brands, and the
communities we serve. Our services allow us to
curate today and program for tomorrow. Our
Placemaking & Public Art offer is unique, offering
full 360 services from strategy, curation, and
design, to in-house production, project
management, installations, programming and
more. For over 15 years in Public Art, Placemaking
& Programming experience we take pride in
curating individual murals for communities,
commissioning signature pieces, and building
future cities by curating art on a global stage with
award -winning events like Blink.
The founders of AGAR, Josh Heuser and Andrew
Salzbrun, have personally commissioned, curated
and produced over 60 murals in the Midwest and
across North America.
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Part 02 Strategy & Budget Proposal
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The West Avenue Parking Garage Mural for the City of Fayetteville poses a unique opportunity
transforming an ordinary parking garage structure into an extraordinary experience supportive of
the site's overall context, The Ramble. With this in mind, our approach starts with the foundation'.
context and vision for the site and its surroundings (art, civic, cultural, and natural), curating a theme
and design that exemplifies the core principles of The Ramble, and ultimately bringing the vision to
life for the community to connect with. Our strategy, approach and respective fees are a reflection of
this holistic vision and process. *For a breakdown of fees and schedule refer to full RFP response.
PHASE FEES TIMING
Phase Im. Public Art & Experience Strategy
Phase 2: Design & Development
Phase 3m. Production and Installation
Total Project Budget:
Part 03 Ref e re n ceS *Please refer to the full RFP submittal for bios.
JUSTIN BROOKHART, EXECUTIVE
DIRECTOR OF BLIND
1
NICK LINGENFELTER, CHIEF
DEVELOPMENT OFFICER ELK
6 Weeks
4 Weeks
12 Weeks
22 Weeks+/=
ADAM GELTER, PRINCIPAL & CO-
FO UNDER OF 3 CD C
"MIA%
4N" --
Part 04 Other Relevant Information
The Ramble provides a connective art, cultural, and communal
thread within the City of Fayetteville creating a journey of discovery
and social connectivity. We believe the West Avenue Parking
Garage has the opportunity to become a beacon along this Cultural
Arts Corridor.
Experience The West Avenue Parking Garage has the opportunity to expand it's canvas
Considerations creating an engaging piece within the Cultural Arts Corridor. We believe various
facets of design can be implemented to amplify the piece and bring aspects of
day -parting in for a holistic experience.
And our research has uncovered average weekend foot traffic in areas with
murals is 30% higher than average weekend foot traffic in other parts of a city.
Best in -class, must -attend
events... move people.
More than a " one-time event"... we believe in creating a cycle
of connectivity through programming. Creating a journey of
discovery, connection, and conversation encouraging guests
to "Explore. Dialogue. and Share."
The West Avenue Parking Garage has an
opportunity to add additional programming,
curating dynamic activations and/or potential
projection mapping at relevant times of the year:
collegiate sporting celebrations, Lights of the Ozark, Artosphere,
NWA pride, etc. Complimenting other Ramble programming and/
or creating a new signature experience all on its own.
(il Part 05 Detailed Project Timeline
*Please refer to the full PFP submittal for a detailed protect
timeline. Our response follows the proposed timeline provided
by The City of Fayetteville, .
AGAR 11205 Walnut Street, Cincinnati, OH 45202
513-549-4576 1 www.theagar.com
As requested, please find references whom AGAR has partnered with on Public Art,
Placemaking and Programming initiatives.
Justin Brookhart
Executive Director of BLINK Cincinnati
Senior Vice President of Cultural Economy at the Cincinnati USA Regional Chamber
ibrookhart(a) cincinnatichamber. com
Justin orchestrates the nation's largest immersive art event spanning over 30+ city blocks
across Cincinnati and Northern Kentucky. Under his leadership, BLINK showcases monumental
murals, illuminated art installations, and projection mapping on historic architecture.
Justin brings a diverse background merging business expertise with a deep commitment to
fostering the arts. Formerly based in Austin, TX, he served as Managing Director at Mondo,
collaborating with top designers to build a global community around limited -edition collectibles.
Transitioning to Renegade Craft as Chief Operating Officer, Justin supported artistic
entrepreneurs through a nationwide tour promoting the creative economy.
Educated at the University of New Orleans with a Bachelor of Arts in Film Arts and holding a
Master of Public Affairs from the LBJ School of Public Affairs at the University of Texas at
Austin, Justin is dedicated to leveraging his skills to amplify cultural impact and community
engagement through transformative art experiences.
AGAR has partnered closely with Justin on all aspects of BLINK including the development
strategies, master planning, curation, artist management and production.
Nick Lingenfelter
Chief Development Officer, PLK Communities
nick(a-)Plkcommunities. com
Nick brings over 18 years of expertise in commercial real estate, partnering with PLK since
2014. Leading the development team, Nick champions projects that integrate placemaking and
public art, emphasizing environmental sustainability and innovative design that fosters
community engagement. His role spans the entire project lifecycle—from site selection and
entitlements to design and resident experience —ensuring each development resonates
emotionally with its community.
Nick's extensive background includes navigating tax credit financing, TIFs, bonds, brownfield
redevelopments, and historic renovations, alongside ground -up construction. Prior to PLK, he
held a prominent role in commercial real estate banking in Chicago and Cincinnati for 13 years.
A graduate of The Ohio State University, Nick is dedicated to his family —his wife Jessica and
their two children, Eli and Zoe.
AGAR has partnered with Nick on the development of Factory 52 in Norwood, Ohio including
developing the master public art strategy, design, curation, artist management, production and
installation. AGAR also developed the property's programming strategy, and activation plan,
including the cadence, design, P&L oversight, production, activation, staffing, PR, Social Media
and Communications for the property's signature events.
Adam Gelter
Principal and Co -Founder at 3CDC
agelter(a.3cdc.orq
Adam Gelter, Principal and Co -Founder at 3CDC, has spearheaded transformative real estate
developments in Cincinnati's urban core over 19 years. With a focus on public art and
placemaking, he led projects totaling $2.5 billion, revitalizing 207 buildings and creating 17
acres of civic spaces. Notable achievements include overseeing the $143 million renovation of
Music Hall and leading the $48 million expansion of Washington Park and $31.9 million
restoration of Ziegler Park. Adam's expertise spans diverse projects such as corporate
headquarters, hotels, affordable housing, and civic buildings, integrating new market tax credits
and historic tax credits for financing.
Starting as an intern at 3CDC in 2005, Adam rose to Executive Vice President of Real Estate,
overseeing major projects like the $92 million Court & Walnut development and $750 million
Convention Center District. He holds degrees from Vanderbilt University and the University of
Cincinnati and serves on the boards of VisitCincy and Shelterhouse. Adam also co-founded
Generocity513 and RepresentCincy to foster community diversity and engagement in Over -the -
Rhine. As an adjunct professor at the University of Cincinnati, he contributes to shaping future
urban planners and developers.
AGAR has partnered with Adam on multiple Public Art, Placemaking and Programming
initiatives across the City of Cincinnati.
AGAR 11205 Walnut Street, Cincinnati, OH 45202
513-549-4576 1 www.theagar.com
GAF
As requested, please find AGAR bios and an overview of AGAR. The bios reflect the
AGAR team who will be leading and executing this initiative for the City of Fayetteville.
About AGAR
At AGAR, we believe in the power of public art to grow community, culture, and commerce. As
an experiential company, we are founded on the premise that as the world grows more and
more digital the value of a human connection and experience inherently increases. AGAR
leverages experiential design and communications, event production and technology to reach
audiences and grow culture for companies, brands, and the communities we serve.
We bring a unique lens to the world of placemaking and programming. We believe developers
and place -makers should work hand -in -hand from the early stages to imagine future realities for
residents and guests. We imagine and build spaces, places, and experiences: we design new
worlds of wonder that deliver unforced fasciation in social settings -this is our calling card. More
than a point -in -time event, our approach is a strategic cycle of connectivity that builds a brand
and cultivates community. And done right, it creates unparalleled connections, fosters growth,
and never stops delighting audiences.
AGAR creates real connections for civic and community partners like The City of Cincinnati, The
Port Authority of Cincinnati, 3CDC, The University of Cincinnati, Cincinnati Children's Hospital,
Northern Kentucky University, Cincinnati Parks, Cincinnati USA Regional Chamber, PLK
Communities, United Way of Greater Cincinnati, FC Cincinnati, MegaCorp, among others.
AGAR also activates award -winning engagements for Fortune 500 brand partners including
Procter & Gamble, Kroger, All Nippon Airways, Lexus, smartwater, Kenvue, DSW, Sazerac and
more. (Please refer to our full RFP response for a list of some of artist collaborations as part of
our Public Art work.)
Andrew Salzbrun
Partner and Managing Director, AGAR
As the Executive Creative Director for AGAR, Andrew provides the strategic vision for the
company and its partners, leveraging a rich expertise in placemaking experience mapping and
strategy. With a portfolio spanning over a decade, Andrew's work focuses on lasting positive
impact. And as co-founder and executive creative director of the award -winning festival, BLINK,
the nation's largest immersive art festival. Andrew understands first-hand how placemaking and
artist creation can create that positive impact and build long-term, meaningful culture in a
community. The success of the 2022 BLINK festival provided incredible positive fiscal impact to
the region and featured 71 hand-picked artists from all over the world. With a deep resume of
community -anchoring venues throughout the Midwest, Andrew values the importance of a first
impression and the people behind it.
Role for Fayetteville:
• Artist Curation & Management, Executive Creative Direction (Concept Development &
Design), Experiential Programming Development
Public Art, Placemaking, & Programming Experience:
• BLINK — Co -Founder and Executive Creative Director
• Factory 52 Development - Public Art Strategy and project direction
• Cincinnati USA Regional Chamber — Regional public art consultant
• The PORT Authority — Developed and led Camp Washington Community Engagement
• 3CDC — Public art curation and park development
• Kroger — In-store Curation & Mural Production
• Procter & Gamble — Brand Strategy and Public Art Curation
Noah Beiting
Director of Operations
As Director of Operations, Noah facilitates public art by seamlessly blending his creative
passion with operational expertise. He doesn't just manage operations; he acts as a liaison,
translating between the creative mind of the artist and the realities of the project. During BLINK,
the nation's largest immersive art festival, Noah works with 30+ international muralists, fostering
strong relationships, effectively communicating project specifications and ensuring their artistic
vision thrives. This includes coordination with building owners, brick masons, art material
distributors, shippers, storage facilities, local utility providers, the City of Cincinnati, and more.
Along with artist relations, Noah acts as a site scout, assisting with the curatorial process and
placement of certain artists and their works through the city. His resourceful nature extends to
acquiring essential equipment, ensuring everything is in place for artistic creation to flourish.
Role for Fayetteville:
• Pre -Production Coordination (Artist, Site, Client, Vendor), Budgeting, Material, Mural,
Programming & Logistics Procurement
Public Art, Placemaking, & Programming Experience:
• BLINK
• PLK Communities/F52 Public Art
• 3CDC
• UCAA
• PromoWest
• Gee Horton Studios + Weston Art Gallery
• Paloozanoire + Cincinnati Art Museum
• The City of Cincinnati
• Unexpected Fort Smith - HOXXOH Pop -Up Studio
• Miami - Wynwood Neighborhood
Claire Kolberg
On -Site Project Manager
Claire Kolberg brings over 15 years of experience in executive administration, operations, and
event and production management. Most notably, she was the Director of the award -
winning The Unexpected from 2015 — 2023 bringing over 45 pieces of artwork to downtown Fort
Smith. As a member of the 64.6 Downtown/ Main Street Fort Smith team, she is responsible for
programming, marketing, and social media/ website management. In addition to her creative
duties, Kolberg provides executive level administrative support to a busy and in demand CEO,
philanthropist, and community agitator. Projects span from travel and calendar management to
personal and professional life management, charitable giving management and more.
Claire is a member of the Walton Arts Center Board of Directors, and a member of the
P.E.A.R.L. Ben Roberds Scholarship committee. She lives in Fayetteville with her family.
Role for Fayetteville:
• On -Site Project Management & Logistics, Artist & Vendor Coordination, Client Account
Services
Public Art, Placemaking, & Programming Experience:
• The Unexpected
• Peacemaker Festival -Unexpected pop-up art installation
• ARkanvas in partnership with OZ Art
• Mussorgsky's Pictures at an Exhibition in partnership with UA-Fort Smith and Fort Smith
Symphony
• Garrison Commons Pocket Park, Fort Smith
• Gateway Park, Fort Smith
• Co -Author Community Development Institute Handbook, Quality of Place Chapter (2020)
Josh Heuser
Founder
As Founder of AGAR, Josh not only sets the overall vision for the brand, but is a strategic
leader, developing innovative business strategies to drive growth. As owner and operator of
various restaurant and hospitality venues, he maintains a unique experiential and placemaking
perspective, creating experiences while garnering valuable insights that enable him to deliver a
cutting -edge guest experience. An entrepreneur always looking to evolve, Josh and AGAR have
helped change the face of Cincinnati, one endeavor and project at a time, including BLINK, the
nation's largest immersive art festival. Josh's multifaceted approach encompasses financial
acumen, strategic vision, and a dedication to the development of the greater community to
which he calls home. He has personally commissioned, curated and produced over 30+ murals
in the Midwest and across North America.
Role for Fayetteville:
• Executive Sponsor
Public Art, Placemaking, & Programming Experience:
• BLINK
• The City of Cincinnati
• 3CDC
• Cincinnati USA Regional Chamber
• Kroger
• Procter & Gamble
• The PORT Camp Washington Engagement
• Newport on the Levee
CITY OF
�. FAYETTEVILLE
ARKANSAS
City of Fayetteville, Arkansas
Purchasing Division — Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8256
TDD (Telecommunication Device for the Deaf): 479.521.1316
Request for Proposal: RFP 24-12, Placemaking Firm, Curator, or Artist Studio
for Parking Deck Mural
DEADLINE: Wednesday, July 24, 2024 before 2:00 PM, local time
SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: 06/30/2024
REQUEST FOR PROPOSAL
RFP 24-12, Placemaking Firm, Curator,
or Artist Studio for Parking Deck Mural
No late proposals shall be accepted. RFPs shall be submitted through the City's third -party
electronic bidding platform or by submitting a sealed physical proposal to the City of Fayetteville,
Purchasing Division at the below location.
City of Fayetteville
Purchasing Division — Room 306
113 West Mountain Street
Fayetteville, AR 72701
All proposals shall be submitted in accordance with the attached City of Fayetteville specifications
and 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. The City of
Fayetteville shall not be responsible for lost or misdirected proposals, or for failure of proposer's
technical equipment.
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 Director.
City of Fayetteville, AR
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
Page 1 of 18
City of Fayetteville
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
Advertisement
City of Fayetteville, AR
Request for Proposal
RFP 24-12, Placemaking Firm, Curator,
or Artist Studio for Parking Deck Mural
The City of Fayetteville, Arkansas, seeks proposals from qualified firms for a Placemaking Firm, Curator, or Artist
Studio for Parking Deck Art Installation. Any questions regarding this RFP shall be directed to Amanda Beilfuss,
City of Fayetteville Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479) 575-8220.
Solicitation documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic
bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be received by Wednesday, July 24, 2024
before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical proposal
to the City of Fayetteville, Purchasing Division. All proposals are due before the time stated. No late proposals
shall be accepted. Submitting electronically is strongly encouraged. The City of Fayetteville shall not be
responsible for lost or misdirected proposals, or for failure of proposer's technical equipment.
All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the
state and local governments where the project is located. A one hundred percent (100%) performance bond and
separate payment bond is required with the contract awarded. Proposers shall have a current, valid registration
with the Arkansas Secretary of State at time of RFP deadline OR be able to provide proof of registration before
recommendation of award to Fayetteville City Council.
The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all
parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or
claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse
of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to
this invitation shall constitute an agreement of the interested party to these conditions.
City of Fayetteville
By: Amanda Beilfuss, Sr. Purchasing Agent
P: 479.575.822O.abeilfuss@fayetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 06/30/2024
This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas.
Amount paid: $182.12
City of Fayetteville, AR
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
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City of Fayetteville
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
SECTION A: General Terms & Conditions
1. SUBMISSION OF A PROPOSAL SHALL INCLUDE:
Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements
as specified in the Scope of Work.
a. A written narrative describing the method or manner in which the Proposer proposes to satisfy
requirements of this RFP in the most cost-effective manner. The term Proposer shall be in reference to a
firm or individual responding to this solicitation.
b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFP.
This description should include the names of the person(s) who will provide the services, their
qualifications, and the years of experience in performing this type of work. Also, include the reference
information requested in this RFP.
c. The complete fee and cost to the City for all services outlined in this RFP.
d. Statement should be no more than twenty-five (25) pages; single sided, standard, readable, print on
standard 8.5x11 documents. Proposers shall also submit a three (3) page (maximum) executive summary.
The following items will not count toward the twenty -five -page limitation: appendix, cover sheet, 3-page
executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by
the City for completion.
Submitting and responding to this RFP: Proposals shall be prepared simply and economically,
providing a straightforward, concise description of its ability to meet the requirements for the
project. Fancy bindings, colored displays, and promotional material are not required. Emphasis
should be on completeness and clarity of content. All documents physically submitted should be
typewritten on standard 8 %" x 11" white papers and bound in one volume. Exceptions would be
schematics, exhibits, one -page resumes, and City required forms. Limit proposal to twenty-five
(25) pages or less, excluding one -page team resumes, references, and forms required by the City
for completion. All proposals shall be sealed upon delivery to the City of Fayetteville.
1. Option 1 —Electronic Submittal (strongly encouraged): Proposers can go to
www.favetteville-ar.gov/bids and follow the prompts to submit a proposal within the
electronic bidding platform. If a proposal is submitted electronically, a physical submission
is not necessary. All Proposers must register in order to be able to submit. There is no fee
for registration.
2. Option 2 — Physical Submittal: All Proposers shall submit one (1) original copy of their
proposal as well as one (1) electronic copy on a properly labeled USB or other electronic
media device. The electronic copy submitted shall be contained into one single electronic
file and shall be identical to the hard copies provided. The use of Adobe PDF documents is
strongly recommended. Files contained on an USB or electronic media shall not be
restricted against saving or printing. Electronic copies shall not be submitted via e-mail to
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City employees by the Proposer and shall be provided to the City in a sealed manner. Fed Ex,
UPS, USPS, or other packages should be clearly marked with the RFP number on the outside
of the mailing package.
e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document.
Only the names of Proposer's will be available after the deadline until a contract has been awarded by the
Fayetteville City Council. All interested parties understand proposal documents will not be available until
after a valid contract has been executed.
f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing
Division.
g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the
sequence of the RFP.
h. Proposers shall have experience in work of the same or similar nature and must provide references that
will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have
performed similar services and must provide information as requested in this document.
i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service
agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any
such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify
it from consideration for award.
j. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline.
Documents shall be received before the deadline time as shown by the atomic clock located in the
Purchasing Division Office or electronic clock located in the City's third -party bidding software.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be
sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an
addendum if the response would provide clarification to the requirements of the proposal. All such addenda
shall become part of the contract documents. The City will not be responsible for any other explanation or
interpretation of the proposed RFP made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the
purpose of describing and establishing general quality levels. Such references are NOT intended to be
restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for
any items.
4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the right
to the following:
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RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
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a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm.
Negotiation with an individual Proposer does not require negotiation with others.
b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best interest of
the City.
c. The City of Fayetteville reserves the right to accept or reject any or all proposals.
d. The City of Fayetteville reserves the right to cancel the entire request for proposal.
e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request
for proposal or in proposals submitted.
f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information
or proposal data without changing the terms of the proposal.
g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services
required on the basis of the original proposals without negotiation.
h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final
offer process is not guaranteed; therefore, Proposers shall submit and respond to this RFP on the most
favorable terms available.
5. EVALUATION CRITERIA:
The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score
responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the
selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated
and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the
evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked.
6. COSTS INCURRED BY PROPOSERS:
All expenses involved with the preparation and submission of proposals to the City, or any work performed in
connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses
received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement.
7. ORAL PRESENTATION:
An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion.
8. CONFLICT OF INTEREST:
a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance or services required hereunder, as
provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide
Services to the City".
b. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential
conflicts of interest for any prospective business association, interest, or other circumstance which may
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RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
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influence or appear to influence the Proposer's judgment or quality of services being provided. Such
written notification shall identify the prospective business association, interest or circumstance, the
nature of which the Proposer may undertake and request an opinion to the City as to whether the
association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if
entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or
first-class mail within thirty days of receipt of notification.
9. WITHDRAWAL OF PROPOSAL:
A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request
from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set
for the proposal.
10. LATE PROPOSAL OR MODIFICATIONS:
a. Proposal and modifications received after the time set for the proposal submittal shall not be considered.
Modifications in writing received prior to the deadline will be accepted. The City will not be responsible
for misdirected bids. Proposers refer to their submission status in the online bidding portal or call the
Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening
time and date listed.
b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall
be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local
time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain,
Fayetteville, AR.
11. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers
shall comply with all constitutional, state, and federal directives, orders and laws as applicable to this proposal
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged
Business Enterprises (DBE), & OSHA as applicable to this contract.
12. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government
agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said
proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal.
Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches, political
subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other
public agencies or authorities), which may desire to purchase under the terms and conditions of the contract.
13. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that
their proposal is made without previous understanding, agreement, or connection with any person, firm or
corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside
control, collusion, fraud, or otherwise illegal action."
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14. RIGHT TO AUDIT, FOIA, AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a Contractor's records as such records relate to
purchases between the City and said Contractor.
b. Freedom of Information Act: 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.
c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
15. CITY INDEMNIFICATION:
The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the
services or any part thereof covered by this order, and such obligation shall survive acceptance of the services
and payment thereof by the City.
16. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for proposal apply to this contract except as
specifically stated in the subsequent sections of this document, which take precedence, and should be fully
understood by Proposers prior to submitting a proposal on this requirement.
17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should
call 479.521.1316 (telecommunications device for the deaf), no later than seven days prior to the deadline.
Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division,
immediately.
18. CERTIFICATE OF INSURANCE:
The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior
to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker's Compensation, and
General Automotive, if applicable. SUCH CERTIFICATE SHALL LIST THE CITY OF FAYETTEVILLE AS AN
ADDITIONAL INSURED. LISTING THE CITY OF FAYETTEVILLE AS A CERTIFICATE HOLDER ONLY IS NOT AN
ACCEPTABLE SUBSTITUTE. CERTIFICATE OF INSURANCE MUST INCLUDE THE ENDORSEMENT SHOWING THE
CITY OF FAYETTEVILLE LISTED AS AN ADDITIONAL INSURED. Insurance shall remain valid, when applicable,
throughout project completion.
19. PAYMENTS AND INVOICING:
The Proposer must specify in their proposal the exact company name and address which must be the same
as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is
responsible for immediately notifying the Purchasing Division of any company name change, which would
cause invoicing to change from the name used at the time of the original RFP. Payment will be made within
thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or
City of Fayetteville, AR
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
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penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no
additional costs to the City for expedited payment processing. The City will not agree to allow any increase
in hourly rates by the contract without PRIOR Fayetteville City Council approval.
20. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to
the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill
or abide by any of the terms or conditions specified.
Failure of the contractor to comply with any of the provisions of the contract shall be considered a
material breach of contract and shall be cause for immediate termination of the contract at the discretion
of the City of Fayetteville.
c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to
cancel and obtain from another source, any items and/or services which have not been delivered within
the period of time from the date of order as determined by the City of Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the
Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period
without penalty or expense to the City.
21. ASSIGNMENT. SUBCONTRACTING. CORPORATE ACQUISITIONS AND/OR MERGERS:
The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without
prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer
shall disclose such intent in the proposal submitted as a result of this RFP.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the
City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said
action, whichever occurs first.
22. NON-EXCLUSIVE CONTRACT:
Award of this RFP shall impose no obligation on the City to utilize the Contractor for all work of this type,
which may develop during the contract period. This is not an exclusive contract. The City specifically reserves
the right to concurrently contract with other companies for similar work if it deems such an action to be in
the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each
item.
23. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding
request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the
bidder/proposer/protestor or any member of the bid der's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an
organization that is responding to the request for proposal, request for qualification, bid or contract, or has a
pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of
Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City
of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from
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contacting the Purchasing Division to address situations such as clarification and/or questions related to the
procurement process. For purposes of this provision lobbying activities shall include but not be limited to,
influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an
attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any
request for proposal, request for qualification, bid or contract to be rejected.
24. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this RFP from the Proposer. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor
shall provide such additional requirements as may become necessary.
25. SERVICES AGREEMENT:
A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal
will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for
approval and signature of the Mayor.
26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS:
Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only
in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP
form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response.
Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or
otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations
a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form
of an addendum to the original RFP documents.
27. OTHER GENERAL CONDITIONS:
a. Proposers must provide the City with their proposals signed by an employee having legal authority to
submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall
be borne by the Proposer.
b. The City reserves the right to request any additional information it deems necessary from any or all
Proposers after the submission deadline.
c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it
commit the City to pay for any costs incurred by Proposer in preparation. It shall be clearly understood
that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own
risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement
to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted.
d. If products, components, or services other than those described in this bid document are proposed, the
Proposer must include complete descriptive literature for each. All requests for additional information
must be received within five working days following the request.
e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone
(479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville
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Purchasing Division to provide documents providing a clear and accurate understanding of the scope of
work to be completed and/or goods to be provided. We encourage all interested parties to ask questions
to enable all Proposers to be on equal terms.
f. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.gov) or
telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any
part of this request for proposal. All questions, clarifications, and requests, together with answers, if any,
will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications,
or requests will not be disclosed until after a contract is in place.
g. 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.
h. Any information provided herein is intended to assist the Proposer in the preparation of proposals
necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements but is not intended to limit a RFP's content or to exclude any relevant or essential data.
i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any
manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful Proposer
assigns all or any part of any monies due or to become due under this Contract, the Instrument of
assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in
and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all
persons, firms, and corporations for services rendered or materials supplied for the performance of the
services called for in this contract.
k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services
shall apply to the contract throughout, and they will be deemed to be included in the contract as though
written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws,
ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner
affecting those engaged or employed in providing these services or in any way affecting the conduct of the
services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same.
If any discrepancy or inconsistency should be discovered in these Contract Documents or in the
specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he
shall herewith report the same in writing to the City of Fayetteville.
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City of Fayetteville
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
SECTION B: Scope of Services and General Information
1. INTRODUCTION:
The West Avenue Parking Garage project aims to transform the parking structure into a dynamic public art
space that enhances the aesthetic appeal, promotes community engagement, and boosts local tourism and
economy. The budget for this project is $85,000. The awarded Proposer will be responsible for managing the
entire project, from concept development to artist engagement, to installation within the allocated budget
of $85,000. The City of Fayetteville seeks a placemaking firm, curator, or large artist studio to manage the art
selection and installation for the project.
2. BACKGROUND:
This project marks the first major public art commission for the Cultural Arts Corridor, also known as The
Ramble. The Ramble is a dynamic new 50-acre outdoor public space designed to revitalize Fayetteville's
downtown area and create a destination for residents and visitors alike. The corridor links the City's key
cultural institutions, including the Walton Arts Center, TheatreSquared, Nadine Baum Studios, Fayetteville
Public Library, and the University of Arkansas' Art and Design District. By showcasing and celebrating arts
culture, The Ramble aims to enhance civic space and serve as a catalyst for additional development and
density in the downtown area. This includes increasing bike trails and connections, improving streets and
walkability, and fostering community engagement.
Per the brand identity development work: "The Ramble is characterized as: a full embrace of the journey...not
in a hurry to get from point A to point B, but rather, open to possibility... the concept falls nicely in sync with
the cadence of a walk or a bike ride, spontaneous conversation, outdoor installations, and gathering spaces".
Additionally, The Ramble is a nod to Arkansas -born musician and actor Levon Helm. A former member of The
Band, Helm hosted Midnight Ramble sessions in a barn on his property in Woodstock, New York, until his
death in 2012.
Within The Ramble, areas north of Center Street will be referenced as "Upper Ramble" and areas south of
Center Street will be referenced as "Lower Ramble." The design for the Upper Ramble consists of a gathering
and event lawn, public plaza, garden spaces and a civic promenade, midway between the downtown square
and the University campus, and adjacent to the Razorback Regional Greenway, ensuring that this project will
contribute to creating a dynamic and experiential place. This public art commission for the southern facing
fagade of the West Avenue Parking Garage is a key component of The Upper Ramble's viewshed, reflecting
Fayetteville's commitment to integrating art into city life and enhancing the cultural vibrancy of the
downtown area.
3. SCOPE OF WORK AND DELIVERABLES:
a. Scope of Work: The West Avenue Parking Garage project involves the creation of a dynamic public art
installation on a prominent wall of the parking garage. This wall is approximately 50 feet wide by 100
feet tall. The project aims to transform this large surface into a visually engaging and community -centric
artwork that will enhance the aesthetic appeal of the garage, foster community engagement, and
contribute to the revitalization of Fayetteville's downtown area. The awarded Proposer will be
responsible for managing the entire project, from concept development to artist engagement, to
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installation within the allocated budget of $85,000. This budget encompasses various components
essential for the successful execution of the project, including but not limited to:
i. Artist Fees: The respondent will need to budget for artist fees, covering travel, lodging, concept
development, design work, and any assistants or additional personnel required for the project.
ii. Concept Development and Design: The respondent will need to allocate a portion of the budget
to the development and design of the public art installation. This includes costs associated with
initial concept creation, design revisions, and final design approval.
iii. Materials and Installation: The respondent will be responsible for procuring all necessary
materials, including raw materials, paint, sprayers, brushes, rollers, and all other supplies.
Additionally, costs related to equipment rental, such as lifts and boom equipment, must be
covered. The respondent will also handle wall priming and any preparatory work required for
the installation.
iv. Travel and On -Site Management: The budget must account for travel expenses and on -site
management by the respondent's staff. This includes overseeing the installation process,
conducting site visits, and ensuring the project progresses according to plan.
All Proposals must include a detailed cost breakdown for each component including estimated
personnel, exclusions, and all labor costs, expenses, overhead, and profit.
b. Key Deliverables:
i. Phase 1— Public Art & Experience Strategy:
1. Develop a comprehensive strategy
2. Identify potential themes, styles, and approaches for the art installation
3. Provide artist considerations and preliminary budgeting
ii. Phase 2 — Design & Development:
1. Concept Development: Create multiple conceptual designs for review and selection by the
Fayetteville Arts Council
2. Programming Development: Share ideas for potential interactive elements, lighting, or
activation enhancements to implement immediately or later (pending additional budget
availability)
3. Budget Finalization: Finalize the budget based on the selected concept
iii. Phase 3 — Production & Installation:
1. Art Installation & Management:
2. Programming Ideas: Develop a
activities
4. QUALIFICATIONS:
Oversee the installation of the chosen art concept
roadmap for ongoing programming and engagement
a. Demonstrated experience in managing similar public art and placemaking projects
b. Strong portfolio showcasing past projects with a focus on community engagement and public art
c. Ability to collaborate with local artists, stakeholders, and the community
d. Capacity to manage the project within the allocated budget and timeline
City of Fayetteville, AR
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
Page 12 of 18
e. Compliance with all local, state, and federal regulations and requirements, including a 100%
Performance Bond and Payment Bond (bonds must be separate). Bonds are not required until Contract
has been awarded by Fayetteville City Council.
5. TENTATIVE PROJECT TIM ELINE:
RFP Issuance: 6/30/2024
Proposal Submission Deadline: 07/24/2024
Selection of Contractor: 08/07/2024
Concept Development Phase: 09/15/2024 to 10/31/2024
Design Finalization: 11/30/2024
Art Installation: 01/02/2025 to 03/30/2025
6. PROPOSAL FORMAT:
The proposal shall contain all sections listed herein and shall respond fully to all requirements of the RFP.
Statement should be no more than twenty-five (25) pages; single sided, standard readable, print on standard
8.5 X 11 pages. Proposers shall also submit a three (3) page (maximum) executive summary. The following
items will not count toward the page limitations: appendix, cover sheet, 3-page executive summary, resumes
(resumes shall be no more than 1 page per person), and forms provided by the City for completion:
a. Part I —Introduction, Qualifications and Experience/Previous Public Art and Placemaking Projects:
Provide samples of previous projects created by the curator or firm. Include any relevant promotional
literature. List examples of public art installations, placemaking projects, or similar initiatives that the
team has completed in the last five years, clearly indicating the respondent's role in each example. If
work is being presented that was done by personnel working for another firm at the time of the work,
this must be clearly indicated. Include current client contact information for project examples. Clearly
provide information on the team members who will be primarily responsible for facilitating the project,
listing their relevant experience and examples of similar projects. Refer to the information provided
under "Scope of Services to be Provided."
b. Part II — Strategy and Budget Proposal:
Speak broadly to potential approaches and strategy for the public art installation. Outline all costs
associated with the project, including consultant fees, travel expenses, and any other applicable
expenses. The total budget for the project is $85,000.
c. Part III — References:
Provide three (3) references from past clients who can speak to the firm's capability to execute this
work.
d. Part IV— Other Relevant Information:
Provide other relevant information indicating the applicant's abilities to successfully complete the
public art project for the West Avenue Parking Garage.
City of Fayetteville, AR
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
Page 13 of 18
e. Part V — Detailed Project Timeline:
Include specific deliverables for each phase of the project. The plan will ideally be completed in Quarter
1 of 2025.
7. PRICE PROPOSAL:
Proposers shall provide an all-inclusive fee price proposal. Include a detailed cost breakdown including
estimated personnel, exclusions, and all labor costs, expenses, overhead, and profit. Provide a payment
schedule based on project milestones/deliverables. These deliverables will be confirmed during contract
negotiations with the chosen consultant.
8. CONTRACT FORMATION:
If the negotiation produces mutual agreement, a contract will be considered for approval by the City of
Fayetteville City Council. If negotiations with the highest-ranking Proposer fail, negotiations may be initiated
with the next highest-ranking Proposer until an agreement is reached. The City reserves the right to reject all
offers and end the process without executing a contract.
9. SELECTION CRITERIA:
The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall
include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal
submitted is not required to be ranked by the selection committee. The contract may be awarded to the
most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection
committee. Following the evaluation of the proposals, the Selection Committee may request that the top-
ranking firm(s) make an oral presentation or be interviewed. If presentations are necessary, they will take
place in Fayetteville, Arkansas. Notices will be sent by the Purchasing Division.
1) 30% Qualifications in Relation to Specific Project to be Performed: Information reflecting
qualifications of the consultant, partners, and project team. Indicated specialized
experience and technical competence of the firm in connection with the type and
complexity of the service required. Subcontractors, if used, shall be listed with information
on their organization.
2) 20% Experience, Competence, and Capacity for Performance: Information reflecting the
names, titles, and qualifications (including experience and technical competence) of the
major personnel assigned to this specific project.
3) 20% Proposed Method of Doing Work: A proposed work plan (description of how the project
would be conducted as well as other facts concerning approach to scope) indicating
methods and schedules for accomplishing scope of work. Include with this the amount of
work presently underway.
4) 15% Past Performance: Previous evaluations shall be considered a significant factor. If previous
evaluations with the City are not available, the professional firm's past performance
records with City and others will be used, including quality of work, timely performance,
diligence, and any other pertinent information. Firm will provide a list of similar jobs
performed and person whom the City can contact for information.
City of Fayetteville, AR
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
Page 14 of 18
5) 15% Cost/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal
including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP
response and be itemized as much as possible.
9. ADDITIONAL DOCUMENTS AND INFORMATION: The following documents are included with this solicitation
as additional information:
a. Appendix A: Blueprints and Photos of South facing garage facade
b. Appendix B: Ramble Brand Identity and Style Guide
CONTINUES ON NEXT PAGE
City of Fayetteville, AR
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
Page 15 of 18
City of Fayetteville
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
SECTION C: Signature Submittal
1. DISCLOSURE INFORMATION
a. 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.
i. 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:
X 1) NO KNOWN RELATIONSHIP EXISTS
2) RELATIONSHIP EXISTS (Please explain):
b. 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 is accurate and true; and my organization shall
comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions
of employment.
c. Proposer agrees that they shall have a current, valid registration with the Arkansas Secretary of State at
time of RFP deadline OR be able to provide proof of registration before recommendation of award to
Fayetteville City Council.
d. 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 anytime in which they are entering into, orwhile
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.
e. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not
currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they
are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during
the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition
Industries, the contractor must notify the contracted public entity in writing.
City of Fayetteville, AR
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
Page 16 of 18
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.
Corporate Name of Firm: AGAR, LLC
Primary Contact: Robyn Novak Title of Primary Contact: Executive Director of Development
Phone#1 (cell preferred): (513) 708-5935 Phone#2: (513) 549-4576
E-Mail Address: robyn@theagar.com
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
in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification.
ADDENDUM NO.
SIGNATURE AND PRINTED NAME
DATE ACKNOWLEDGED
1
Robyn Novak
7/22/2024
4. DEBARMENT CERTIFICATION:
a. As an interested party on this project, you are required to provide debarment/suspension certification
indicating compliance with the below Federal Executive Order. Certification can be done by completing
and signing this form.
b. 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.
c. 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.
City of Fayetteville, AR
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
Page 17 of 18
5. SIGNATURE SUBMITTAL:
NAME OF COMPANY: AGAR, LLC
PHYSICAL ADDRESS: 1205 Walnut Street, Cincinnati OH 45202
MAILING ADDRESS: 1205 Walnut Street, Cincinnati OH 45202
TAX ID #: 80-0300732 AR. SECRETARY OF STATE FILING #: N/A
PHONE: (513) 549-4576 FAX: N/A
E-MAIL: josh (cQtheagar.corn
By submitting your response, you certify that you are authorized to represent and bind your company
SIGNATURE: —J�"e V —
PRINTED NAME: Josh Heuser
TITLE: Founder DATE: 7/12/24
END OF RFP DOCUMENT
City of Fayetteville, AR
RFP 24-12, Placemaking Firm, Curator, or Artist Studio for Parking Deck Mural
Page 18 of 18
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