HomeMy WebLinkAbout118-20 RESOLUTIONCity of Fayetteville Staff Review Form
2021-0007
Legistar File ID
NA
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Bentonville/Bella Vista
Trailblazer's Association, Inc.
Amendment No. 2
Byron Humphry 1/4/2021 PARKS & RECREATION (520)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends the Mayor's approval and signature of Amendment No.2 to the contract between the City of
Fayetteville and Bentonville/Bella Vista Trailblazer's Association, Inc. Parks and NWATrailblazers will each be
paying half of the total cost to bury the utility lines underground from their contingency fund provided in the
Crossland Heavy Equipment contract.
Budget Impact:
4601.860.7501-5806.00
4601- Bond Program Grant Matching
4605.860.7501-5806.00
4605 - Parks Project 2019
Bonds
Account Number
Fund
46050.7501
Centennial Park
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$
3,857,074.00
Funds Obligated
$
3,375,926.61
Current Balance
$
481,147.39
Does item have a cost? No
Item Cost
Budget Adjustment Attached? NA
Budget Adjustment
Remaining Budget
$
481,147.39
Purchase Order Number: t020-00000042 Crossland Heav, Previous Ordinance or Resolution #
180-19; 114-20
Change Order Number:
Approval Date:
1/6/2021
Original Contract Number: 2020-00000030 Crossland Heav)
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor Jordan
THRU: Susan Norton, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Byron Humphry
DATE: January 4, 2021
STAFF MEMO
SUBJECT: Approval of Amendment No.2 to the contract between the City of
Fayetteville and Bentonville/Bella Vista Trailblazer's Association, Inc.
RECOMMENDATION:
Staff recommends the Mayor's approval and signature of Amendment No.2 to the contract
between the City of Fayetteville and Bentonville/Bella Vista Trailblazer's Association, Inc.
BACKGROUND:
On August 6, 2019, City Council approved Resolution No. 180-19 authorizing a cost share
agreement with NWA Trailblazers for construction of phase one improvements identified in the
master plan for Centennial Park at Millsap Mountain, with the City concentrating efforts on park
infrastructure and NWA Trailblazers concentrating efforts on cycling infrastructure.
On April 7, 2020, City Council approved Resolution No. 114-20, authorizing Amendment No. 1
to the contract that allowed the City's contractor to construct certain improvements that were
identified in the original contract as the responsibility of NWA Trailblazers due to the nature and
location of these improvements, with reimbursement of the cost by NWA Trailblazers.
DISCUSSION:
There are utility poles bisecting the middle of Centennial Park that contain Ozark Electric,
Ozarks Go, and AT&T utility lines. These poles and lines create a visual eyesore due to their
proximity to the key features of the mountain bike facilities that are currently under construction.
They also create safety concerns of having overhead electrical lines in the vicinity where
vendors and promoters will be setting up for future, World Championship caliber events.
Staff has worked with the three utility companies to obtain pricing to relocate these utilities
underground. Ozarks Electric and Ozarks Go have also agreed to partner with the City in
making a donation to reduce the overall cost of relocating the utilities underground in exchange
for promotional opportunities at the World Championship events and to name some future park
amenities around the planned pavilion/restroom area such as benches, picnic tables, firepit, etc.
Staff has also received a commitment from the NWA Trailblazers to pay for 50% of the actual
cost to the City. The Park's portion of the funding estimated at $29,723 would come from the
$53,061 remaining in the contingency fund for this project. This amendment to the existing
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
contract between the City of Fayetteville and NWA Trailblazers will allow the Trailblazers to
expedite the placement of the utilities underground on the City's behalf to accommodate the
tight construction schedule.
BUDGET/STAFF IMPACT:
The total cost to relocate all three utilities is estimated at $59, 445.11. The cost for AT&T to
relocate their utility is $23,445.61; Ozarks Go is $3,850.00, which includes a $3,000 donation;
and Ozarks Electric is $32,149.57, which includes a $25,000 donation.
Through this amendment, the NWA Trailblazers will execute all the utility relocation agreements,
promptly pay invoices to relocate the utility lines underground, and reduce their payment to the
City as agreed to in Amendment No. 1 by an amount equal to half of the total cost of
undergrounding the utility lines.
Attachments:
Amendment No. 2
AT&T estimate
Ozarks Electric estimate
Ozarks Go estimate
Resolution 180-19
Resolution 114-20
AMENDMENT NO. 2 TO THE CONTRACT
BETWEEN THE CITY OF FAYETTEVILLE AND
BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC.
This Amendment No. 2, made and entered into on this 6'kay o 2021, by and
between the City of Fayetteville, Arkansas ("City") and Bentonville/Bella Vist• Trailblazer's
Association, Inc. ("NWA Trailblazers"), witnesseth:
WHEREAS, on August 6, 2019, the Fayetteville City Council approved Resolution No.
180-19 authorizing a cost share agreement with NWA Trailblazers for construction of phase one
improvements identified in the master plan for Centennial Park at Millsap Mountain, with the City
concentrating efforts on park infrastructure and NWA Trailblazers concentrating efforts on cycling
infrastructure; and
WHEREAS, on April 7, 2020, the City Council approved Resolution 114-20, authorizing
Amendment No. 1 to the contract that allowed the City's contractor to construct certain
improvements that were the identified in the. original contract as the responsibility of NWA
Trailblazers due to the nature and location of these improvements, with reimbursement of the cost
by NWA Trailblazers; and
WHEREAS, the City has identified certain above -ground utilities that need to be relocated
underground in order to improve the safety, aesthetics, and functionality of the park.
NOW, THEREFORE, the City of Fayetteville, Arkansas and NWA Trailblazers agree to
further amend their Contract as follows:
1. The City of Fayetteville, Arkansas agrees to:
A. Offset the reimbursement agreed to by NWA Trailblazers in Amendment No.
1 by an amount equal to half of the total cost of undergrounding the utility lines
owned by AT&T, Ozarks Electric Cooperative Corporation, and Ozarks Go
within the existing utility easement on the City's property. The estimated cost
of relocations is attached hereto as Exhibit A.
2. NWA Trailblazers agrees to:
A. Execute all utility relocation agreements required to underground the utilities
owned by AT&T, Ozarks Electric Cooperative Corporation, and Ozarks Go.
B. Promptly pay invoices submitted for work completed to relocate their utility
lines underground.
C. Reduce its payment to the City agreed to in Amendment No. 1 by an amount
equal to half of the total cost of undergrounding the utility lines.
Page 1 of 3
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
BENTONVILLE/BELLA VISTA
TRAILBLAZER'S ASSOCIATION, INC.
By: C��
ERIN RUSHING, N rector
CITY OF FAYETTEVILLE,
a
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Page 2 of 3
EXHIBIT A
Utility Relocation Cost Estimates
AT&T: $23,445.61
Ozarks Go (including a $3,000 Donation): $3,850.00
Ozarks Electric including $25.000 Donation): $32.149.57
Total Estimated Cost: $59,445.11
Page 3 of 3
Ozarks4%
ELECTRIC
COOPERATIVE
December 16th, 2020
Mr. Byron Humphry
1455 S. Happy Hollow Road
Fayetteville, AR 72701
Dear Mr. Humphry:
Here is a breakdown of the cost to relocate the existing three phase overhead line to three
phase underground at the Centennial Park on MiIIsap Mountain.
New Materials.
Wire $10,693.04
Conduit $8,999.95
Assemblies $22,270.59
Trenching $4,964.23
New Labor $9,518.60
Retirement Labor $703.16
Park Sponsorship ($'-5-0 0) rn>>is-ion TI-ol, Scarbroll"17 /2-20- 020
Total $32.141).J,?.
1f you have any questions feel free to contact me, at 1-479-684-4658 o►-
wdick@ozarksecc.com.
Sincerely,
�c—'A-01
William Dick
Staking Supervisor
PO Box 848 1 Fayetteville, AR 72702 1 800.521.6144 1 www.ozarksecc.com
ozarks-i'*
qo Is *
12/16/2020 revised 1-4-2021
Centennial Park line move
Mr. Byron Humphrey
1455 S. Happy Hollow Road
Fayetteville, AR 72701
Dear Mr. Humphrey:
I am including below an itemized list of prices for moving the existing aerial fiber
optic line to underground at Centennial Park on Millsap Mountain.
New materials:
48 count fiber- $370.00
Fusion splicing- $2,880.00
Splice Enclosures- $232.00
1'/ roll pipe- $359.00
Risers- $300.00
Labor- $3,541.00
Subtotal: $7,700.00
Park Sponsorship: ($3,850.00) Revision approved per Steve Bandy 1-4-2021
Total: $3,850.00
If you have any questions you can call me anytime at 479-287-6793 or email
dta for ❑narks o.net
Sincerely,
Devin Taylor
Operations Coordinator
OzarksGo
PO Box 1363 1 Fayetteville: AR 72702 1796-S4 4'900 U7arksgc net
CWOTS # 207054
Page 1 of 4
at&t
LETTER OF AGREEMENT FOR CUSTOM WORK
December 30, 2020
BILL TO: BENTONVILLE/BELLA
P.O. BOX 2821
CWOTS Number: 207054
Customer Billing Telephone Number: SPECIAL
VISTA TRAILBLAZERS ASSOCIATION, INC.
BENTONVILLE, AR 72712
WORK SITE LOCATION: 500 CENTENNIAL PARK LANE, FAYETTEVILLE, AR 72704
DESCRIPTION OF CUSTOM WORK: REVISION REQUEST FOR NEW ESTIMATE OF COST.
LOWER 1,000 FEET OF AERIAL FIBER TO THE GROUND, PLACE 1,000 FEET OF 2 INCH
IDUCT, PULL IN 1,350 FEET OF 24 FIBER CABLE, MAKE CUT AROUND SPLICES, SET 2
ANCHORS, 2 GUY WIRES, PLACE 2 RISERS AND 2 SPLICE VAULTS (HANDHOLES). COST
INCLUDES ALL ASSOCIATED ENGINEERING, SPLICING, TESTING, AND CONTRACTOR
CHARGES/LABOR. IF ACTUAL CONTRACTOR BID EXCEEDS ORIGINAL ESTIMATE,
CONTRACT WILL BE UPDATED FOR THE ADDITIONAL COST.
ESTIMATED CONTRACTOR LABOR: $ 8,943.78
ESTIMATED AT&T LABOR: $ 12,636.63
ESTIMATED MATERIALS: $ 1,865.20
CHARGE FOR CUSTOM WORK: ESTIMATED COST: $ 23,445.61
(Actual charges may exceed this estimated cost)
Applicant requests that Southwestern Bell Telephone Company d/b/a AT&T Arkansas (hereafter "AT&T Arkansas") act as
its agent in performing the above -described custom work on Applicant's behalf. Applicant agrees to pay the charge(s) for
such work. The work is to be done on an "Actual Cost" basis, all charge(s) will be computed in accordance with AT&T
Arkansas ordinary accounting practices under the Uniform System of Accounts for Class A telephone companies and will
include allocated costs for labor, engineering, materials, transportation, motor vehicles, tool and supply expenses and
sundry billings from sub -contractors and suppliers for work and materials related to the job. The Applicant affirms that the
cost estimate furnished by the Telephone Company has been considered only as an estimate of approximate costs and that
the actual costs incurred by the Telephone Company in doing the work at the particular time and location might be higher.
Said estimated cost is subject to change due to any number of factors including, but not limited to, changing conditions in
the field, weather delays, or changes in the scope of the work.
CHANGE ORDERS
Should concealed conditions exist, including conditions that may exist below the surface of the ground, or if conditions exist
that could not have been anticipated by AT&T Arkansas at the time of this agreement, AT&T Arkansas, will be entitled to
additional funds and/or additional time to complete the work. AT&T Arkansas will request such additional funding and/or
additional time through a request for a change order.
Should Applicant or its agents, servants, or employees order or seek changes in the scope of the work, AT&T Arkansas is
entitled to seek from Applicant, its agents, servants, or employees, additional funds as necessary to perform the work, and
additional time, as necessary to complete the work. Said request for additional funds and/or additional time will be through
change order.
Applicant shall pay for the work on an "Actual Cost" basis. Upon completion of the work, AT&T will compute the actual cost
of the work. Any difference between the amount of advance payment and the actual cost will be either paid by the Applicant
to AT&T or refunded to Applicant by AT&T as the case may be.
aW
CWOTS #: 207054
Page 2 of 4
All change orders will be in writing
All change orders will be submitted and accepted by Applicant, its agents, servants or employees, before AT&T Arkansas,
proceeds to execute the work or, if work has been initiated on the project, continues with executing the work except in an
emergency endangering life or property
Applicant, its agents, servants or employees, are deemed to have accepted the terms of any change order by signing where
indicated on the change order.
Under no circumstances will AT&T Arkansas request for a change order be deemed or used as evidence of delay on the
project. Nor will any change order issued in this project be used to charge AT&T Arkansas with responsibility for any
alleged delay on the project.
NO DAMAGE FOR DELAY
Under no circumstances will AT&T Arkansas be held liable to Applicant, Applicant's agents, employees or contractors, for
any alleged delay on the project that forms the basis for this custom work order.
TIME TO COMPLETE
Any representation by AT&T Arkansas, its agents, servants or employees that the project, or any additional work authorized
by change order, will be complete by a certain date or certain time period is strictly an estimate and not binding on AT&T
Arkansas, its agents, servants, or employees. All estimated completion dates are subject to changing conditions in the field,
changes in the scope of the work, relocation of existing utilities not within AT&T Arkansas control, Acts of God, weather
delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that AT&T Arkansas, its agents,
servants, or employees, could not reasonably anticipate at the time of the estimate.
PAYMENT
Applicant agrees to make an advance payment of $ 23,445.61 prior to commencement of the work.
Applicable charges for Custom Work will be billed on a special bill separate from the bill that Applicant receives for
telephone service.
Applicant, its agents, servants, or employees agree to make payment on change orders within thirty (30) days of the date of
signature on the change order. Failure to make payment within the designated thirty (30) daytime period will operate to
cancel the change order and AT&T Arkansas, will cease all work activity on the project until payment is made.
When the Parties agree to Interval Billing *, the balance of the Contract Price or Actual Cost (as applicable) will be made in
monthly payments. If the Actual Cost made varies from the Estimated Cost, then a correcting adjustment will be made in
the last payment. If the parties cannot agree to Interval Billing, Applicant will make an advanced payment as indicated
above.
* Applicable to orders over $25,000 and work will take 6 or more months to complete.
CANCELLATION
If the Applicant cancels the work prior to completion, Applicant must notify AT&T Arkansas, in writing of said cancellation.
If Applicant elects to cancel the work prior to completion, Applicant agrees to pay AT&T Arkansas, for the costs it has
incurred in starting performance under the contract. If Applicant has made an advance payment, AT&T Arkansas will
deduct its costs and expenses incurred as of the date of Applicant's notice of cancellation from the amount of the advance
payment. Any amount remaining will be refunded to Applicant.
i„
aW
CWOTS #: 207054
Page 3 of 4
ESTIMATED PRICE QUOTE
The above estimated price is guaranteed for 60 days from December 30, 2020. If the charges are not accepted
within 60 days the order will be cancelled, and a new order will need to be placed. The second estimate may be higher than
the estimated price set out above.
STOP WORK ORDER
In the event that Applicant issues a stop work order, or places the project "on hold", at any point during the progress of the
work, said stop work order or request to "hold" work must be issued in writing and must be delivered via certified mail, return
receipt requested to Michelle Louvier, 1010 Pine Street, 20E-A-03, St. Louis, MO 63101. If Applicant issues a stop work
order, or a request to "hold" work, the contract price quoted herein will remain valid until sixty (60) days from the date of the
stop work or "hold" work order. At the expiration of the sixty (60) days, the contract price quoted herein will expire and a
new contract price will be determined and provided, in writing, to Applicant. The new contract price may be higher than the
contract price quoted in this custom work order.
If, after issuing a stop work, or "hold" work order, Applicant elects to cancel the contract, Applicant must inform AT&T
Arkansas, in writing of the cancellation. AT&T Arkansas will deduct any expenses incurred in performing the work from
Applicant's advance payment and refund any remaining funds to Applicant.
Under no circumstances will AT&T Arkansas, be responsible to Applicant for any alleged damages or additional
expenses incurred by Applicant as a result of a stop work order or an order to "hold" work on the project.
CHOICE OF LAW AND ARBITRATION
Should any dispute arise between the parties concerning the subject matter of this agreement, or any term contained
therein, the parties agree that the dispute or claim shall be submitted to binding arbitration before the American Arbitration
Association. The parties further agree that the prevailing party in any such dispute will be entitled to recover attorney's fees
and costs of arbitration.
Arkansas law governs the application of this agreement and all terms contained therein.
INDEMNIFICATION AND HOLD HARMLESS
Applicant, its agents, servants, and employees hereby agree to indemnify and hold harmless AT&T Arkansas, and its
employees, agents and contractors, from and against any and all claims, costs, expenses, judgments or actions for damage
to property or injury or death to persons, and/or arising from or relating to the work that is the subject of this agreement, to
the extent any such claims are caused by the negligent acts or omissions of the Applicant, its agents, servants, or
employees.
ENTIRE AGREEMENT
The parties agree that the terms set forth herein constitute the entire agreement and there are no other agreements
regarding the project that is the subject of this agreement between the parties.
at&t
MOTS #: 207054
Page 4 of 4
MODIFICATION & NOTICE
Any modification to this agreement must be made in writing and signed by both parties.
Any party to this agreement may provide the other party with notice of any fact or condition by providing such information in
writing and serving said writing via certified mail, return receipt requested.
CHARGE FOR CUSTOM WORK: ESTIMATED COST: $ 23,445.61
(Actual charges may exceed this estimated cost)
ACCEPTED FOR CUSTOMER
f�
Authorized Signature
R. Erin Rushing
Printed Name
NWA Trailblazers
Company
479-231-1365
Phone Number
Date: 12-30-20
MAIL TO -
AT&T - CWOTS DEPARTMENT
800-983-3233
PLEASE INCLUDE YOUR CWOTS NUMBER 207054 ON YOUR CHECK
*" PROPRIETARY - NOT TO BE DISCLOSED OUTSIDE AT&T AND/OR AFFILIATE COMPANY EXCEPT FOR 3RD PARTIES
REQUESTING DETAIL Ol CHARGES BILLED -10 THEM FOR CUSTOM WORD *:'-"
BILLING INVOICE
December 30, 2020
INVOICE / CWOT # 207054
BILL TO: BENTONVILLE/BELLA VISTA TRAILBLAZERS ASSOCIATION, INC.
P.O. BOX 2821
BENTONVILLE, AR 72712
WORK SITE LOCATION: 500 CENTENNIAL PARK LANE, FAYETTEVILLE, AR 72704
DESCRIPTION OF CUSTOM WORK: REVISION REQUEST FOR NEW ESTIMATE OF COST.
LOWER 1,000 FEET OF AERIAL FIBER TO THE GROUND, PLACE 1,000 FEET OF 2 INCH
IDUCT, PULL IN 1,350 FEET OF 24 FIBER CABLE, MAKE CUT AROUND SPLICES, SET 2
ANCHORS, 2 GUY WIRES, PLACE 2 RISERS AND 2 SPLICE VAULTS (HANDHOLES). COST
INCLUDES ALL ASSOCIATED ENGINEERING, SPLICING, TESTING, AND CONTRACTOR
CHARGES/LABOR. IF ACTUAL CONTRACTOR BID EXCEEDS ORIGINAL ESTIMATE,
CONTRACT WILL BE UPDATED FOR THE ADDITIONAL COST.
ESTIMATED CONTRACTOR LABOR: $ 8,943.78
ESTIMATED AT&T LABOR: $ 12,636.63
ESTIMATED MATERIALS: $ 1,865.20
CHARGE FOR CUSTOM WORK: ESTIMATED COST: $ 23,445.61
(Actual charges may exceed this estimated cost)
SEND PAYMENT TO:
AT&T - Central South CWO
ATTN: Kristy Aylor
220 Wisconsin Avenue
Waukesha, WI 53186
Accepted methods of payment include — ACH transfer or check.
To ensure proper credit, lease include your CWOTS number 207054 on your check.
THANK YOU
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 180-19
File Number: 2019-0447
NWA TRAILBLAZERS:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLE/BELLA VISTA
TRAILBLAZER'S ASSOCIATION, INC. DB/A NWA TRAILBLAZERS FOR THE DESIGN AND
CONSTRUCTION OF PHASE I OF THE SOFT SURFACE CYCLING INFRASTRUCTURE FOR
CENTENNIAL PARK AT MILLSAP MOUNTAIN
WHEREAS, in early 2018 the City of Fayetteville accepted a grant from the Walton Family Foundation,
Inc. to purchase approximately 228 acres known as "Centennial Park at Millsap Mountain" for
development and expansion of a soft surface trails system for competitive and general recreation
opportunities: and
WHEREAS, the NWA Trailblazers in coordination with the City and the public developed a master plan for
Centennial Park at Millsap Mountain which was approved by the Fayetteville City Council on June 4,
2019; and
WHEREAS, after it was announced Fayetteville would host 2022 World Cyclocross Championship, the
City and the NWA Trailblazers have proposed combining efforts for construction of Phase 1 of the
master plan, with the City concentrating efforts on park infrastructure and the Trailblazers concentrating
on construction of the soft surface cycling infrastructure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
Page 1 Printed on 817119
File Number. 2019-0447
Resolution 180-19
to sign a contract with NWA Trailblazers for the design and construction of the soft surface cycling
infrastructure for Centennial Park at Millsap Mountain, pursuant to Phase 1 of the master plan, at no
cost to the City.
PASSED and APPROVED on 8/6/2019
Attest:
Sondra E. Smith, City Clerk Trea;ureli LERk .,
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Page 2 Printed on 817119
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113 West Mountain Street
Fayetteville AR 72701
(479) 575-8323
Resolution: 125-18
File Number: 2018-0278
CENTENNIAL OPEN SPACE:
A RESOLUTION TO ACKNOWLEDGE THE CITY COUNCIL'S CONTRACTUAL OBLIGATION AND
INTENT TO MAINTAIN THE 228 ACRL CENTENNIAL OPEN SPACE AS PUBLIC RECREATION
LAND IN PERPETUITY
WHEREAS, the City of Fayetteville, with significant financial assistance from the Walton Family
Foundation in the form of' a 50/50 matching grant and a no interest five-year loan, purchased 228 acres
of land near 1-49 and Martin Luther King, Jr. Boulevard: and
WHEREAS, the grant agreement with the Walton Family Foundation requires the City to "pennanently
place the 228 acres in the public domain and preserve the land as greenspace/open space in perpetuity,
sufficiently allowing for natural surface and greenway trail development and other open space amenities
typical for a park or open space."
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 acknowledges the City
of Fayetteville's contractual duty and intent to maintain the 228 acres known as the Centennial Open
Space in the public domain and preserve the land as greenspace/open space in perpetuity with the
expectation that the property will be used for natural surface and greenway trail development and other
amenities typical for a park or open space.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to provide to the
Walton Family Foundation a proposed master plan for the property to ensure that the plan appropriately
preserves, protects and maintains the property, including trails, park amenities, and reserved natural
areas, in accordance with the grant agreement.
Page 1 Printed on 615118
Resolution: 125-18
i Nun2be.,
PASSED and APPROVED on 6/5/201 S
Attest:
Sondra E. Smith, City Clerk Treasure6, j%j iij,rr�
�'�� • G�� Y
=�; FAYETTEVILLE; _
�,f�fgNG +Q',`
Page 2 Pr/n(ed on W"B
113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Resolution: 64-18
File Number: 2018-0105
CENTENNIAL OPEN SPACE ACQUISITION:
A RESOLUTION TO APPROVE THE ATTACHED RP.AL, ESTATE CONTRACT IN WHICH
CENTENNIAL BANK AGREES TO SELL. AND CONVEY TO THE CITY OF FAYF.TTF.VILLE
APPROXIMATELY 228 ACRES PURSUANT TO A SPECIAL. WARRANTY DLF.D FOR $3,302,250.00,
TO AUTHORIZE MAYOR JORDAN TO APPLY FOR AND ACCEPT A GENEROUS 50/50
MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION FOR THIS ACQUISITION, TO
AUTHORIZE MAYOR JORDAN TO ENTER INTO A NO INTERF,ST FIVE, YEAR LOAN FROM THE
WALTON FAMILY FOUNDATION IN THE AMOUNT OF S1,651,125.00 AND TO APPROVE THE
ATTACHED BUDGET ADJUSTMENT
WHEREAS, the Walton Family Foundation has generously offered the City of Fayetteville a 50/50
matching grant to assist the City to ohtain parcels of land containing about 228 acres known as portions
of Mountain Ranch; and
WHEREAS, Centennial Bank has agreed to selland convey marketable title to these parcels for a total sale
price ol'$3,302,250.00; and
WHEREAS, these parcels will be primarily used as parkland for mountain biking and hiking trails and
accessory uses with efforts to eventually connect these parcels to Kessler Mountain Regional Park and
possibly other city property to both preserve much of the natural scenic beauty of these areas and to
create an unsurpassed mountain biking destination and experience.
NOW, THEREFORE, BE IT RESOLVED BY THE, CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I. That the City Council oI the City of Fay .ruville, Arkansas hereby approves the allached
Real Estate Contract with Centennial Bank to purchase about 228 acres for a price of S3,302,250.00
and authorizes lvlayor Jordan to sign this Contract.
Page 1 Printed on Wfll d
Resolution: 64-16
r-203-0105
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor .Jordan
to apply for and accept a generous 50/50 matching grant from the Walton Family Foundation to enable
the City to afford to acquire these 228 acres by fumishing about $1,661,215.00 of the purchase price.
�qclljon 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a no interest
loan in the amount of about S1,651,125.00 from the Walton Family Foundation to be paid back within
five (5) years with the first $275,187.50 payment due upon closing of the property and authorizes
Mayor Jordan to execute all necessary documents for this loan.
Section d. That the City Council of the City of Fayetteville, Arkansas hereby approves an attached
budget adjustment necessary for accepting the grant and paying for the purchase of these 228 acres.
PASSED and APPROVED on 2/20/2018
Approved: Attest:
teLL
Lioneld Jordan, r Sondra E. Smith, City Clerk Treasurer,,-,
ti
•'rfrf r��''71 � ..
Page 2 Printed on 2/21/10
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 140-19
File Number: 2019-0305
CENTENNIAL PARK CONCEPTUAL MASTER PLAN:
A RESOLUTION TO APPROVE AND ADOPT THE CENTENNIAL PARK AT MILLSAP
MOUNTAIN CONCEPTUAL MASTER PLAN CREATED BY NVl-'A TRAILBLAZERS, CEI
ENGINEERING ASSOCIATES, INC., AND CITY OF FAYE'I-I'EVILLE STAFF
WHEREAS, on February 20, 2018, the City Council accepted a generous 50i50 matching grant from
the Walton Family Foundation to purchase 288 acres of property west of 1-49 on Millsap Mountain to
be "used as parkland for mountain biking and hiking trails and accessory uses", to provide connections
for residents and visitors to Kessler Mountain Regional Park and other parks and City property, and to
preserve the natural scenic beauty of the area; and
WHEREAS, staff from the Mayor's Office, Parks and Recreation Department, Engineering Division, Trail
Coordination Division, and Transportation Department worked with the NWA Trailblazers and CEI
Engineering Associates, Inc. to develop the proposed Conceptual Master Plan of Centennial Park at
Millsap Mountain, which envisions a eye Iing-activated park with state of the art cyclo-cross and mountain
biking courses; and
WHEREAS, the master plan was un.3nimously approved by the Parks and Recreation Advisory Board
on May 6, 2019.
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 and adopts the
Centennial Park at Millsap Mountain Conceptual Master Plan created by NWA Trailblazers, CEI
Engineering Associates, Inc. and City of Fayetteville staff, a copy of which is attached to this
Page 1 Printed on 6/5119
R-Mo /'{0 - / 9
Fife Number. 2019-0305
Resolution.
PASSED and APPROVED on 6/4/2019
Attest:
L"I', '5- Io'/-
Clerk Treisu, 4 R / T��r•�,
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Sondra E. Smith, City
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 114-20
File Number: 2020-0258
TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS:
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH
BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA
TRAILBLAZERS IN THE AMOUNT OF $674,281.00 FOR THE CONSTRUCTION OF THE
START/FINISH AREA AND OTHER IMPROVEMENTS WITHIN CENTENNIAL PARK, AND TO
APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 1
to the contract with Bentonville/Bella Vista Trailblazers Association, Inc. d/b/a NWA Trailblazers in the
amount of $674,281.00 for the construction of the start/finish area and other improvements within
Centennial Park.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 4/7/2020
Approved:.'
Attest:
t� � 4� �' �, J'v _ Jlr • i •4,� i
Kara Paxton, City Clerk Treasured _mz
Jr�t�li�l1li11�1��
Page 1 Printed on 4WO
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Arkansas Department of Health
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48t5 West MarkamStn_er•LitUeRu k,Arkansas722053867•TnleFhonE(SC166! 7003
Governor Asa Hutchinson
Jose R. Romero, MD. Interim Secretary of Health
haws
Memorandum of Agreement
On the
Delegation of Plan Review for Minor Improvements
to Public Water Facilities
Arkansas Department of Health &City of Fayetteville
I. Basis
This Memorandum of Agreement is between the Arkansas Department of Health/Engineering
Section (ADH) and the City of Fayetteville. The purpose is to allow the City of Fayetteville to
review and approve minor additions and improvements to the City's water and sewer systems
without requiring an additional review and approval by the ADH. Authority for plan review
delegation is found in the ADH's Rules Pertaining to Public Water Systems, Section XXI.A,
Rules Pertaining to General Sanitation, Section VII.B.1.
II. Applicability
Eligible projects for delegation of plan review are limited to the following infrastructure which
will be owned, operated and maintained by the City of Fayetteville.
A. New conventional water and sewer line extensions along with associated appurtenances
no longer than 2,000 feet in total length.
B. Conventional water and sewer line extensions that serve proposed housing subdivisions
that will be incorporated into the Fayetteville water and sewer utilities serving less than
100 residences.
C. The replacement and/or rehabilitation of conventional water or sewer lines,no longer than
2,000 feet in length that serve existing customers.
D. Sewage pumping stations up to a maximum size of 50 gallons per minute.
III. Terms
A. The City of Fayetteville shall employ a Professional Engineer(Engineer), registered in the
state of Arkansas and competent in the field of water and wastewater engineering, who
shall review and approve the construction plans and specifications and ensure that the
design complies with Ten States Standards (water and wastewater), the standard
specifications and details issued by the City of Fayetteville,the plastic pipe policies of the
Arkansas Department of Health, and the Arkansas Department of Health's Rules
Pertaining to Public Water Systems and Rules Pertaining to General Sanitation.
B. The City of Fayetteville will specify in writing, and keep current with this office,the licensed
Professional Engineer in the City's employ that will bear the approval responsibility.
JAN 1 1 2C21
All On',t, of Hc'!1h
Eng:: ,rirzj Wc�c ion
C. Specifically, separation distances between potable water lines and sewer lines must
comply with Section XIV.A. of the Arkansas Department of Health's Rules Pertaining to
Public water Systems. Exceptions due to obstructions must be submitted to and approved
by the ADH.
D. This Memorandum of Agreement is based upon the currently issued 2017 Edition of the
Standard Specifications for Design and Construction of Water Lines and Sewer Lines
issued by the City of Fayetteville. Any modification of those standard specifications must
be reviewed and approved by the ADH prior to being utilized as a modification of this
agreement.
E. The City of Fayetteville Engineer shall issue formal approval letters for the designs
reviewed and approved under this agreement and must issue a copy of that letter to the
ADH. These approval letters must contain an adequate description so that the
scope/extent of improvements is understandable. In-house designs will require a letter of
notification from the Engineer to the ADH concerning the work to be conducted. All city
approved or in-house prepared designs, must be stamped by a Professional Engineer
who is registered in the state of Arkansas.
F. Approvals by the City of Fayetteville must adequately document responsibilities for
construction inspection.
G. Within 30 days following substantial completion of the projects,the ADH must be supplied
with "As-Built" drawings of the work completed for inclusion in the ADH records. Such
"As-Built'drawings may be supplied in the form of a pdf document.
H. At any time, the ADH may require the updating of the standard specifications so that
changes in industry practice, changes in ADH policies, or updating of industry standards
may be incorporated into the specifications.
I. At any time, the ADH may require the submission of a proposed project for its review and
may at any time request and receive all documents pertaining to the City of Fayetteville's
review of a project whether proposed, in progress, or completed.
J. At any time, either party may petition that the agreement be modified.
K. This agreement will be initially for a one-year term starting on January 1, 2021 running
through December 31, 2021. Renewal of the agreement will be dependent upon the
continued interest of both parties and if renewed will be for a two-year term thereafter.
L. Either party may terminate this MOA with 30 days written notice.
IV. Exclusions
Plan review delegation shall not apply to the following projects but shall require a submittal to and
approval by the ADH prior to the start of construction.
A. Projects consisting of source water development, water or wastewater treatment, potable
water pumping systems,storage,on-site sewage disposal systems,or any design containing what
is commonly understood to be"non-conventional". Uncertai ties co-ce ing applicability of this
agreement can be resolved via email communications with 9 ADH
J ff e, P.E., Director ayor
Engineering Section, ADH City of Fay ville
Date 1 1 Zit]
t]ff
' 6'11 Date �'LR-r