HomeMy WebLinkAbout2020-09-15 - Agendas - Revised FinalCity of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
City Council Final Agenda
Tuesday, September 15, 2020
5:30 PM
City Hall Room 219
City Council Members
Council Member Sonia Gutierrez Ward I
Council Member Sarah Marsh Ward 1
Council Member Mark Kinion Ward 2
Council Member Matthew Petty Ward 2
Council Member Sloan Scroggin Ward 3
Council Member Sarah Bunch Ward 3
Council Member Teresa Turk Ward 4
Council Member Kyle Smith Ward 4
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Kara Paxton
City Council Meeting Final Agenda September 15, 2020
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items
1. 2019-0996
NOMINATING COMMITTEE REPORT
Agenda Additions
A. Consent
A. 1 2019-0984
APPROVAL OF THE AUGUST 18, 2020 CITY COUNCIL MEETING MINUTES AND THE
AUGUST 26, 2020 SPECIAL CITY COUNCIL MEETING MINUTES
A.2 2020-0720
CEI ENGINEERING ASSOCIATES, INC. AMENDMENT NO. 1 - 2019
TRANSPORTATION BOND PROJECT:
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH CEI
ENGINEERING ASSOCIATES, INC. FOR PHASE I OF THE CENTENNIAL PARK AT
MILLSAP MOUNTAIN IN THE AMOUNT OF $9,400.00, AND TO APPROVE A BUDGET
ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT
City of Fayetteville, Arkansas Page 2 Printed on 911512020
City Council Meeting Final Agenda September 15, 2020
A. 3
A. 4
mi
A. 6
2020-0723
J.R. STEWART PUMP & EQUIPMENT, INC.:
A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $26,751.03 PLUS
APPLICABLE TAXES AND FREIGHT CHARGES FROM J.R. STEWART PUMP &
EQUIPMENT, INC. FOR THE REPAIR OF PUMP AT THE WEST SIDE WATER
RESOURCE RECOVERY FACILITY
2020-0730
CARES ACT FUNDING:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$193,008.65 RECOGNIZING FUNDING FROM THE STATE OF ARKANSAS
DEPARTMENT OF HUMAN SERVICES FOR EMS WORKER PAYMENTS TO FIRE
DEPARTMENT EMPLOYEES AS PART OF CARES ACT FUNDING
2020-0726
BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A
NWA TRAILBLAZERS:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLE/BELLA VISTA
TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS FOR THE
CONSTRUCTION OF THE FAYETTEVILLE TRAVERSE TRAIL ON CITY PROPERTY
2020-0672
AFTERGLOW AIRCRAFT SOLUTIONS, LLC:
A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH
AFTERGLOW AIRCRAFT SOLUTIONS, LLC FOR THE AIRPORT HANGAR AT 4158
SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $850.00 PER MONTH
City of Fayetteville, Arkansas Page 3 Printed on 911512020
City Council Meeting Final Agenda September 15, 2020
A.7 2020-0707
CREAMER PILOT SERVICES, LLC:
A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH CREAMER
PILOT SERVICES, LLC FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING
AND CORPORATE HANGER SPACE AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN
THE AMOUNT OF $3,000.00 PER MONTH THROUGH DECEMBER 2021, $4,000.00 PER
MONTH FOR JANUARY THROUGH DECEMBER 2022, AND $5,000.00 PER MONTH
FROM JANUARY 2023 THROUGH THE END OF THE LEASE TERM
B. Unfinished Business
B.1 2020-0414
ARKANSAS AND MISSOURI RAILROAD FUTRALL DRIVE AND GREGG
AVENUE - 2019 TRANSPORTATION BOND PROJECT:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE A NEW
RAILROAD CROSSING COST AND MAINTENANCE AGREEMENT AND AN
EASEMENT AGREEMENT WITH THE ARKANSAS AND MISSOURI RAILROAD FOR A
NEW RAILROAD CROSSING AT FUTRALL DRIVE AND GREGG AVENUE, TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $28,344.86, AND TO
APPROVE A BUDGET ADJUSTMENT FOR THE ESTIMATED TOTAL PROJECT COST
OF $750,000.00 - 2019 TRANSPORTATION BOND PROJECT
At the August 4, 2020 City Council meeting this item was tabled for two weeks. This
item will be placed on the 08/18/2020 City Council meeting agenda.
At the August 18, 2020 City Council meeting this item was tabled for two weeks. This
item will be placed on the September 1, 2020 City Council meeting agenda.
This item was tabled for two weeks at the September 1, 2020 City Council meeting.
This item will be placed on the September 15, 2020 City Council meeting agenda.
City of Fayetteville, Arkansas Page 4 Printed on 911512020
City Council Meeting Final Agenda September 15, 2020
B. 2
B. 3
B. 4
2020-0647
APPEAL: RZN 20-7133: (6040 & 6074 W. WEDINGTON DR./HOUSTON):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-7133 FOR APPROXIMATELY 3.05 ACRES LOCATED AT 6040 AND
6074 WEST WEDINGTON DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL AND
RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER ACRE
At the August 18, 2020 City Council meeting this item was tabled for two weeks. This
item will be placed on the September 1, 2020 City Council meeting agenda.
At September 1, 2020 City Council meeting this item was left on the First Reading.
2020-0635
AMEND UDC 166.23: URBAN RESIDENTIAL DESIGN STANDARDS:
AN ORDINANCE TO AMEND § 166.23 URBAN RESIDENTIAL DESIGN
STANDARDS OF THE UNIFIED DEVELOPMENT CODE TO INCREASE FLEXIBILITY
FOR SMALL BUILDING DESIGN
At the August 18, 2020 City Council meeting this item was tabled for two weeks. This
item will be placed on the September 1, 2020 City Council meeting agenda.
At the September 1, 2020 City Council meeting this item was left on the Second
Reading.
2020-0689
RZN 20-7170 (921 W. BERRY ST./HOMESTEAD, INC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-7170 FOR APPROXIMATELY 0.18 ACRES LOCATED AT 921 WEST
BERRY STREET FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE
TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN
At the September 1, 2020 City Council meeting this item was left on the First Reading.
City of Fayetteville, Arkansas Page 5 Printed on 911512020
City Council Meeting Final Agenda September 15, 2020
B.5 2020-0706
BRIAN AND DAY CROWNE LAND SALE:
A RESOLUTION TO AUTHORIZE THE SALE OF A SMALL PARCEL OF LAND SOUTH
OF GEORGE'S MAJESTIC LOUNGE AND WEST OF THE RAILROAD TRACKS TO
BRIAN AND DAY CROWNE FOR THE AMOUNT OF $17,000.00
At the September 1, 2020 City Council meeting this item was tabled for two weeks.
B.6 2020-0665
APPEAL RZN 20-7140 (5152 W. WEDINGTON DR./DEDUSHAJ):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-7140 LOCATED AT 5152 WEST WEDINGTON DRIVE FOR
APPROXIMATELY 6.91 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO NS-G,
NEIGHBORHOOD SERVICES -GENERAL AND RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
At the September 1, 2020 City Council meeting this item was left on the first reading.
C. New Business
C.1 2020-0725
RZN 2020-000004 (NORTH OF 2262 S. SCHOOL AVE./FIRE STATION #9, 640):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-04 LOCATED NORTH OF 2262 SOUTH SCHOOL AVENUE FOR
APPROXIMATELY 1.76 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE TO P-1, INSTITUTIONAL
City of Fayetteville, Arkansas Page 6 Printed on 911512020
City Council Meeting Final Agenda September 15, 2020
C. 2
C. 3
C. 4
2020-0721
RFQ # 20-09 EMERY SAPP AND SONS, INC. - 2019 TRANSPORTATION BOND
PROGRAM:
A RESOLUTION TO AWARD RFQ # 20-09 AND AUTHORIZE A CONTRACT WITH
EMERY SAPP AND SONS, INC. IN THE AMOUNT OF $52,720.00 TO PROVIDE
CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MAPLE STREET
IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $5,272.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019
TRANSPORTATION BOND PROGRAM
2020-0729
BID NO.20-61 FEDERAL AVIATION ADMINISTRATION (FAA) GRANT FUNDS:
A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT
ACCEPTING A 90/10 MATCHING GRANT FROM THE FEDERAL AVIATION
ADMINISTRATION IN THE AMOUNT OF $1,305,778.00 FOR THE AIRPORT TERMINAL
IMPROVEMENTS PROJECT, TO AWARD BID NO. 20-61 AND AUTHORIZE THE
MAYOR TO SIGN A CONTRACT WITH C.R. CRAWFORD CONSTRUCTION, LLC IN
THE AMOUNT OF $1,289,873.00 FOR CONSTRUCTION OF THE TERMINAL
IMPROVEMENTS, TO AUTHORIZE THE MAYOR TO EXECUTE TASK ORDER NO. 14
WITH GARVER, LLC IN THE AMOUNT OF $55,000.00 FOR CONSTRUCTION PHASE
SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT
2020-0724
RZN 2020-000001: (3670 W. MT. COMFORT RD./KUM & GO #2424):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 20-01 LOCATED AT 3670 WEST MOUNT COMFORT ROAD FOR
APPROXIMATELY 2.01 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS,
COMMUNITY SERVICES
City of Fayetteville, Arkansas Page 7 Printed on 911512020
City Council Meeting Final Agenda September 15, 2020
C.5 2020-0728
NELSON BYRD WOLTZ, LLC CHANGE ORDER NO.3 - 2019 CULTURAL ARTS
CORRIDOR BOND PROJECT:
A RESOLUTION TO APPROVE CHANGE ORDER NO. 3 TO THE CONTRACT WITH
NELSON BYRD WOLTZ, LLC IN THE AMOUNT OF $90,400.00 FOR THE
DEVELOPMENT OF A GRAPHICS, IDENTITY AND SIGNAGE PACKAGE FOR THE
FIVE PRIMARY ELEMENTS OF THE CULTURAL ARTS CORRIDOR PROJECT, AND TO
APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND
PROJECT
C.6 2020-0722
2020 MILLAGE LEVY:
AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY
WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2020 FIXING
THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS
FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE
POLICEMEN'S PENSION AND RELIEF FUND, 3.7 MILLS FOR FAYETTEVILLE PUBLIC
LIBRARY OPERATIONS; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF
WASHINGTON COUNTY, ARKANSAS
C.7 2020-0738
PROHIBIT FEES AND LATE CHARGES FOR LATE PAYMENT OF RENT:
AN ORDINANCE TO PROHIBIT FEES AND LATE CHARGES FOR LATE PAYMENT OF
RENT UNTIL THE GOVERNOR DECLARES THE END OF THE COVID-19 PANDEMIC
EMERGENCY AND TO PASS AN EMERGENCY CLAUSE
D. City Council Agenda Session Presentations
D. 1 2020-0624
AGENDA SESSION PRESENTATION - 2020 LEVY AND GENERAL FUND BUDGET
DISCUSSION, PAUL BECKER
City of Fayetteville, Arkansas Page 8 Printed on 911512020
City Council Meeting Final Agenda September 15, 2020
E. City Council Tour: Monday, September 14, 2020 at 4:30 PM
Meet at Majestic Lounge at 4:30 and the second stop will be about 45 minutes later at Mt
Comfort and Rupple Road.
Visitor parking available at Holt Middle School which is a short walk North on the West
side of Rupple Road.
F. Announcements
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
City of Fayetteville, Arkansas Page 9 Printed on 911512020
City Council Meeting Final Agenda September 15, 2020
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.
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, 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 for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and
two minutes. Amendments may receive public comments only if approved by the City Council by unanimous
consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to
speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up
person to speak by unanimous consent or majority vote.
Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as
to integrity, abusive comments and statements about motives or personalities. Any member of the public who
violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall
City of Fayetteville, Arkansas Page 10 Printed on 911512020
City Council Meeting Final Agenda September 15, 2020
leave the podium.
Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City
Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter,
please call 479-575-8330.
A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the
Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323.
All cell phones must be silenced and may not be used within the City Council Chambers.
City of Fayetteville, Arkansas Page 11 Printed on 911512020
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2019-0996
Agenda Date: 9/15/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Report
Agenda Number: 1.
NOMINATING COMMITTEE REPORT
City of Fayetteville, Arkansas Page 1 Printed on 911512020
Chair
Sarah Bunch
Council Member
Ward 3 Position 2
Vice Chair
Mark Kinion
Council Member
Ward 2 Position 1
Sonia Gutierrez
Council Member
Ward 1 Position 1
Teresa Turk
Council Member
Ward 4 Position 1
Nominating Committee Report
September 10, 2020
Members Present — Chair Sarah Bunch, Mark Kinion, Sonia Gutierrez and Teresa Turk
The Mayor recommends the following candidate for appointment:
HISTORIC DISTRICT COMMISSION
Kelsy Litchenburg — One unexpired term ending 06/30/21
The Nominating Committee recommends the following candidates for appointment:
AIRPORT BOARD
Monty Roberts — One unexpired University of Arkansas member term ending 12/31 /2 l
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
Stephanie Hubbard — One unexpired term ending 03/31/24
ENVIRONMENTAL ACTION COMMITTEE
Ryan Mills — One Community Citizen at Large unexpired term ending 06/30/22
PEG ADVISORY BOARD
Brandy Walsh — One unexpired term ending 06/30/21
Trey Marley — One unexpired term ending 06/30/22
TOWN AND GOWN ADVISORY COMMITTEE
Alexandria Howland — One Community Citizen at Large term ending 09/30/22 - Representing
Ward 1, 2 or 4
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2019-0984
Agenda Date: 9/15/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq
Agenda Number: A. 1
File Type: Minutes
APPROVAL OF THE AUGUST 18, 2020 CITY COUNCIL MEETING MINUTES AND THE AUGUST
26, 2020 SPECIAL CITY COUNCIL MEETING MINUTES
City of Fayetteville, Arkansas Page 1 Printed on 911512020
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0720
Agenda Date: 9/15/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A. 2
CEI ENGINEERING ASSOCIATES, INC. AMENDMENT NO.1 - 2019 TRANSPORTATION
BOND PROJECT:
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH CEI
ENGINEERING ASSOCIATES, INC. FOR PHASE I OF THE CENTENNIAL PARK AT MILLSAP
MOUNTAIN IN THE AMOUNT OF $9,400.00, AND TO APPROVE A BUDGET ADJUSTMENT -
2019 TRANSPORTATION BOND PROJECT
WHEREAS, on July 2, 2019, the City Council passed Resolution 40-20 to authorize a contract with CEI
Engineering Associates, Inc. for design and construction phase services associated with Phase I development of
Centennial Park at Millsap Mountain; and
WHEREAS, a geotechnical analysis of the soil below the main entry road revealed conditions that could cause
a failure of the road and staff has asked CEI to redesign the main entry road and the associated detention
ponds.
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 Amendment No. 1 to
the Contract with CEI Engineering Associates, Inc. for Phase I of the Centennial Park at Millsap Mountain, in
the amount of $9,400.00, for a redesign of the main entry road and associated detention ponds. A copy of
Amendment No. 1 is attached to this Resolution and made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 911512020
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2020-0720
Legistar File ID
9/15/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/26/2020 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of a contract amendment for construction phase services in the amount of $9,400.00 with CEI Engineering
Associates, Inc. (CEI) for Phase I of Centennial Park at Millsap Mountain and approval of a budget adjustment.
4602.860.7501-5860.02
Account Number
46020.7501
Budget Impact:
4602 - Streets Project 2019 Bonds
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number
Comments:
Fund
Centennial Park
Project Title
$
849,607.00
$
762,282.44
a
87,324.56
$
9,400.00
$
9,400.00
87,324.56
V20180321
2019-00000587 Previous Ordinance or Resolution # 152-19
2019-00000028
Approval Date:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 15, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Josh Boccaccio, Staff Engineer
DATE: August 24, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of a contract amendment for construction phase services in the
amount of $9,400.00 with CEI Engineering Associates, Inc. for Phase I of
Centennial Park at Millsap Mountain and approval of a budget adjustment.
RECOMMENDATION:
Approval of a contract amendment for construction phase services in the amount of $9,400.00
with CEI Engineering Associates, Inc. (CEI) for Phase I of Centennial Park at Millsap Mountain
and approval of a budget adjustment.
BACKGROUND:
On July 2, 2019 the Fayetteville City Council approved a contract with CEI for design and
construction administration services associated with Phase I development of Centennial Park at
Millsap Mountain.
In April 2020, Crossland Heavy Contractors was awarded the contract to construct basic park
infrastructure and a new entry road from Old Farmington Rd. The new entry road is being
funded by the 2019 Transportation Bond Program.
DISCUSSION:
Due to geotechnical analysis of site conditions during construction, soils that exist below ground
could potentially cause the main entry road to fail on a global scale. Because of this Staff has
asked CEI to redesign the main entry road, with intermediate reviews and analysis by a
geotechnical firm to confirm the global failure is addressed. CEI will also confirm and update
construction cut and fill quantities for the main entry road.
Due to the impact of tree removal redesigning the main entry road will cause, Staff has also
asked CEI to change the design of the main road detention ponds.
CEI has provided a fee in the amount of $9,400.00 for this additional work. The contract will be
paid based on hourly rates for work completed, up to the total contract amount.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
This contract amendment and the construction of the main entry road will be funded by the 2019
Transportation Bond Program ($9,400.00). A budget adjustment is included with this council
item.
Attachments:
CEI Proposal
J '.1 n
CEIEXTRA WORK AUTHORIZATION
Sorutians for
Land and Life
® ADDITIONAL WORK ❑ CHANGE IN SCOPE OF SERVICES
WORK WILL BE PERFORMED UNDER THE SAME TERMS & CONDITIONS AS IN ORIGINAL AGREEMENT: UNLESS OTHERWISE STATED
THESE SERVICES WERE VERBALLY DIRECTED AND/OR APPROVED BY: ON:
DATE:
CLIENT:
PROJECT NAME:
CLIENT CONTACT:
PROJECT NO.:
PROJECT MANAGER:
DATE OF CURRENT CONTRACT:
7/20/20
City of Fayetteville
Centennial Park at Millsap Mountain
Chris Brown
31320.0
Jacob Shy
7/22/19
Description of Services: Due to Geotechnical analysis of site conditions during construction, soils that exist below ground could
potentially cause main entry road to fail on a global scale. Because of this, CEI has been asked to redesign the main entry
road, with intermediate reviews / analysis by Geotechnical firm to confirm global failure is addressed, as well as confirm /
update construction cut and fill quantities for the main road. Due to these same concerns, CEI has also been asked to move
main entry road detention ponds and change them to cascading weirs. Price below also includes updates to drainage report
as well as additional coordination/ permitting associated with changes listed above.
Compensation: $9,400.00
If this Authorization is not executed within 30 days, it becomes null and void. This Authorization is only valid if
addressed and executed by the authorized signature of the original contracted entity or its assignment as approved
per the original contract Terms and Conditions
Agreed to by CEI EN ING ASSOCIATES, INC.
(Signature) char Rogers, VP Finance
8/21/2020
(Date)
Distribution:
Agreed to on this date:
City of Fayetteville
(Company Name)
I,ioneld Jordan. Ma):or
(Company Authorized Representative & Title)
(Signature)
PLEASE SIGN & RETURN ORIGINAL
0 CALIFORNIA,
0 TmAs—DALLAS
0 TEXAS—HOUSTON
0 ARKANS"
7543 N. Ingram Avenue
TfiNed Plaza
12012 Widodiester Lane
3108 SW Regency Parkway
SuOe 107
3030 LBJ Freeway, suite 100
Sidle 240
Bentorwille, AR 72712
Fresno, CA 93711
Dallas, TX 75234
Houston, TX 77477
479.273.9472
559A47.3119
972A88.3737
21.494.0360
479.773.08" FAX
55MA47.3129 FAX
972A88.6732 FAX
2:1.494,0309 FAX
0 PENNMVANIA
5S0 Township Una Road
Suite 460
Blue Bell, PA 19442
570,963.031
570,963.5711 FAX
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020
Requestor: Matt Casey
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of a contract amendment for construction phase services in the amount of $9,400.00 with CEI Engineering
Associates, Inc. (CEI) for Phase I of Centennial Park at Millsap Mountain and approval of a budget adjustment.
COUNCIL DATE:
LEGISTAR FILE ID#:
9/15/2020
2020-0720
Mattheaw Maddc -/-,
8/24/2020 4:3 7 PM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 9/15/2020
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL - _ v.20200820
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
4602.860.7501-5860.02 9,400 - 46020 7501 EX Capital Prof Svcs - Engineering/Architects
4602.860.7999-5899.00 (9,400) - 46020 7999 EX Unallocated - Budget
H:\Budget Adjustments\2020_Budget\City Council\09-15-2020\2020-0720 BA Centennial CEI Contract Amendment 1 of 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0723
Agenda Date: 9/15/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A. 3
J.R. STEWART PUMP & EQUIPMENT, INC.:
A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $26,751.03 PLUS APPLICABLE
TAXES AND FREIGHT CHARGES FROM J.R. STEWART PUMP & EQUIPMENT, INC. FOR THE
REPAIR OF PUMP AT THE WEST SIDE WATER RESOURCE RECOVERY FACILITY
WHEREAS, an equalization basin return pump used at the West Side Water Resource Recovery Facility was
recently shipped to J.R. Stewart Pump & Equipment to disassemble, inspect, and provide a quote for repair of
the pump; and
WHEREAS, pursuant to Ark. Code Ann. §19-11-203(14)(DD), formal competitive bidding is not necessary
for the repair of "hidden or unknown damages."
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 determines that because of Ark.
Code Ann. § 19-11-203(14)(DD), repair of "hidden or unknown damages," the repair of the pump does not
require formal competitive bidding and, therefore, accepts the quote in the amount of $26,751.03 (plus any
applicable taxes and freight charges) from J.R. Stewart Pump & Equipment for the repair of an equalization
basin return pump used at the West Side Water Resource Recovery Facility.
City of Fayetteville, Arkansas Page 1 Printed on 911512020
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2020-0723
Legistar File ID
9/15/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/25/2020 WASTEWATER TREATMENT (730)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a quote from J.R. Stewart Pump & Equipment, Inc. in the amount of $26,751.03 plus
applicable taxes for the repair of an equalization basin return pump at the West Side Water Resource Recovery
Facility.
Budget Impact:
5400.730.5800-5414.00 Water and Sewer
Account Number Fund
02069.1 Plant Pumps and Equipment - WWTP
Project Number Project Title
Budgeted Item? Yes Current Budget $ 1,477,313.00
Funds Obligated $ 663,695.39
Current Balance 813,617.61
Does item have a cost? Yes Item Cost $ 29,426.13
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget 784,191.48
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: Freight is included in the quoted price. Taxes are estimated at $2,675.10 for a project total cost of
$29,426.13.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 15, 2020
TO: Mayor Lioneld Jordan
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Greg Weeks, Area Manager
DATE: August 25, 2020
CITY COUNCIL MEMO
SUBJECT: J.R. Stewart Pump & Equipment, Inc. — Repair of Equalization Basin Return
Pump for West Side Water Resource Recovery Facility
RECOMMENDATION:
Staff recommends approval of a quote from J.R. Stewart Pump & Equipment, Inc. in the amount
of $26,751.03 plus applicable taxes for the repair of an equalization basin return pump at the
West Side Water Resource Recovery Facility.
BACKGROUND:
The West Side Treatment Facility utilizes a flow equalization basin as part of the treatment
process. During abnormal flow events, raw influent is directed to this basin from headworks
allowing for consistent flow through the facility's bioprocess. The stored influent is later returned
to the treatment process via two return pumps.
In March, an operator performing routine checks reported a variable frequency drive (VFD)
failure on equalization return Pump No.1. The VFD was inspected and found to be functioning
correctly. After testing the motor, staff discovered that the windings had failed. The pump was
pulled and sent to J.R. Stewart Pump & Equipment of West Memphis, AR for a hidden -damages
inspection.
DISCUSSION:
J.R. Stewart Pump & Equipment has submitted a price proposal for the repair of Pump No. 1 for
$26,751.03. Staff recommends the approval of this proposed return pump repair by J.R.
Stewart. It is anticipated this repair will be deemed tax exempt under Arkansas tax code. But
pending that determination from the state if taxes are imposed, they are estimated to be
$2,675.10 for a project total cost of $29,426.13. Freight is included in the quoted price.
Because it was necessary to have the repair facility disassemble the units to determine the extent
of hidden and unknown damage to equipment already purchased, a bid waiver and/or formal
sealed bidding is not necessary according to Ark. Code Ann. §19-11-203(14)(DD).
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
Funds are available in the Plant Pumps and Equipment - W.W.T.P. account within the Water
and Sewer Fund.
Attachments:
Quote from J.R. Stewart Pump & Equipment, Inc.
J.R. STEWART PUMP & EQUIP INC,
JRS 313 S.Second St West MEMPHIS AR
Office (870)-735-2484 Fax (870)-735-0765
Joshua Alleman
Jacobs Engineering
We are pleased to offer the following items;
Repair of KSB KRT 250-350 50HP
Bearings
O-ring kit
Mechanical Seal
Impeller wear ring
Case wear ring
Impeller
Parts total is $12,942.85
Freight is $400.30
50 HP motor
Needs new cords
Motor needs to be rewind
Material cost is $3,250.89
Labor is 22.95 HRS @98.00 HRS $2,249.10
Resurface volute wear ring
Install bearing and other Equip
Welding and milling of bearing housing to spec
Labor 40HRS @ 98.00 is $3,920.00
Materials, consumables metal plugs and Machining of various parts
to fitment. $3,987.89
Price for repair is $26,751.03
SIGNATURE REQUIRED FOR PURCHASE AND P.O. #
DUE TO COVID 19 ORDERS MAY IMPACTED ON LEAD TIMES.
ALL PUMPS NOT IN STOCK 4 TO 10 WEEKS.
Tax not included
Patrick Hughey
Outside sales
WWW.JRSPUMP.COM
Office; 870-735-2484
Cell; 901-461-7603
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0730
Agenda Date: 9/15/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq
Agenda Number: A. 4
CARES ACT FUNDING:
File Type: Resolution
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $193,008.65
RECOGNIZING FUNDING FROM THE STATE OF ARKANSAS DEPARTMENT OF HUMAN
SERVICES FOR EMS WORKER PAYMENTS TO FIRE DEPARTMENT EMPLOYEES AS PART OF
CARES ACT FUNDING
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 attached budget
adjustment in the amount of $193,008.65 recognizing funding from the State of Arkansas Department of
Human Services for EMS Worker Payments to Fire Department employees as part of CARES Act funding.
City of Fayetteville, Arkansas Page 1 Printed on 911512020
City of Fayetteville Staff Review Form
2020-0730
Legistar File ID
9/15/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Brad Hardin 8/26/2020 FIRE (300)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of a Budget Adjustment to recognize $193,008.65 in funding from the State of Arkansas Department of
Human Services for EMS Worker Payments as part of CARES Act funding.
Budget Impact:
See Below General
Account Number
32008
Project Number
Budgeted Item? NA
Fund
Fire EMS Worker Payment Program (CARES)
Project Title
Current Budget $
Funds Obligated $
Current Balance $ J
Does item have a cost? No Item Cost
Budget Adjustment Attached? Yes Budget Adjustment $ 193,009.00
Remaining Budget $ 193,009.00
IVIUOL l LLUUJ I VUl1 IPIULGU WUULJ. UL / UJUJLII IOI IU
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments: 1010.300.3010-5102.10 $2,000 1010.300.3010-5105.01 $29
1010.300.3020-5102.10 $188,250 1010.300.3020-5105.01 $2,730
CITY OF
FAYETTEVILLE
W4V ARKANSAS
MEETING OF SEPTEMBER 15, 2020
TO: Mayor and City Council
FROM: Brad Hardin, Fire Chief
DATE: August 26, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of a Budget Adjustment to recognize $193,008.65 in funding from
the State of Arkansas Department of Human Services for EMS Worker Payments as part
of CARES Act funding.
RECOMMENDATION:
Approval of a Budget Adjustment to recognize $193,008.65 in funding from the State of
Arkansas Department of Human Services for EMS Worker Payments as part of CARES Act
funding.
BACKGROUND:
Legistar File #2020-0620 was approved on July 21, 2020. This approval enabled the
submission of the COVID-19 Ambulance Worker Payments Report to the State of Arkansas
Department of Human Services.
DISCUSSION:
The City of Fayetteville received $193,008.65 from the State of Arkansas Department of Human
Services on August 19, 2020. The approval of this budget adjustment will allow for distribution
of the State CARES Act funds from the Arkansas Department of Human Services to Fire
employees for EMS Worker Payments.
BUDGET/STAFF IMPACT:
The funding for these payments comes from the State of Arkansas through the CARES Act,
Attachments:
Budget Adjustment
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 FIRE (300)
2020
Requestor: Brad Hardin
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Budget adjustment to recognize $193,008.65 in funding from the State of Arkansas Department of Human Services for
EMS Worker Payments as part of CARES Act funding.
COUNCIL DATE:
LEGISTAR FILE ID#:
9/15/2020
2020-0730
8/26/2020 11:58 AM
Budget Director
TYPE:
JOURNAL #:
Date
D - (City Council)
RESOLUTION/ORDINANCE
I
GLDATE:
CHKD/POSTED:
TOTAL
Account Number
193,009 193,009
Increase / (Decrease)
Expense Revenue
Proiect.Sub#
Project Sub.Detl AT
v.20200820
Account Name
1010.300.3020-4302.01
- 193,009
32008
RE
State Grants - Operational
1010.300.3010-5102.10
1010.300.3010-5105.01
2,000 -
29 -
32008
32008
EX
EX
Uniformed Salaries - Uniformed
Payroll Taxes - Medicare
1010.300.3020-5102.10
1010.300.3020-5105.01
188,250 -
2,730 -
32008
32008
EX
EX
Uniformed Salaries - Uniformed
Payroll Taxes - Medicare
K\Budget Adjustments\2020_Budget\City Council\09-15-2020\2020-0730
BA Fire EMS CARES Act Payment.Asm 1 of 1
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0726
Agenda Date: 9/15/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A. 5
BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA
TRAILBLAZERS:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLE/BELLA VISTA
TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS FOR THE CONSTRUCTION
OF THE FAYETTEVILLE TRAVERSE TRAIL ON CITY PROPERTY
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, in 2019, the City entered into a contract with the Bentonville/Bella Vista Trailblazer's
Association, Inc. d/b/a NWA Trailblazers for the construction of approximately 12 miles of soft surface trails at
Centennial Park at Millsap Mountain; and
WHEREAS, growing out of that work was a proposal for NWA Trailblazers to construct a loop trail that
would link Kessler Mountain, Centennial Park, Markham Hill, the University and other parts of the city at no
cost to the city.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
contract with Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the
construction of the Fayetteville Traverse Trail at no cost to the City.
City of Fayetteville, Arkansas Page 1 Printed on 911512020
Ted Jack
Submitted By
City of Fayetteville Staff Review Form
2020-0726
Legistar File ID
9/15/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/26/2020 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Approval of a contract with the NWA Trailblazers to allow construction of the Fayetteville Traverse Trail on
city property and rights -of -way. This project is funded by philanthropic sources.
Budget Impact:
n/a n/a
Account Number
n/a
Fund
Fayetteville Traverse Trail
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 15, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Connie Edmonston, Parks Director
FROM: Ted Jack, Park Planning Superintendent
DATE: August 25, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of a contract with the NWA Trailblazers to allow construction of the
Fayetteville Traverse Trail on city property and rights -of -way as indicated on the attached
Fayetteville Traverse map.
RECOMMENDATION:
Approval of a contract with the NWA Trailblazers to allow construction of the Fayetteville
Traverse Trail on city property and rights -of -way as indicated on the attached
Fayetteville Traverse map.
BACKGROUND:
In early 2018, the City of Fayetteville accepted a grant from The Walton Family Foundation, Inc.
to purchase Centennial Park at Millsap Mountain for the development and expansion of a soft
surface trails system for competitive and general recreation opportunities. The city entered into
an agreement with Trailblazers sharing the development of the park, with Trailblazers focusing
their attention on the soft surface trails and trail features. Growing out of that work was an idea
to create a loop trail that would link Kessler, Centennial, Markham Hill, the University, and other
portions of the city. That idea has grown into the Fayetteville Traverse Trail (FTT). This
agreement will allow Trailblazers, at no costs to the city, to construct multi -use soft surface trail
in segments on city property and trail ROW as part of the work necessary to create the FTT.
The multi -use FTT will provide a unique trail experience for the people of Fayetteville and
tourists who visit our city.
DISCUSSION:
The attached agreement allowing Trailblazers to construct the trail is modeled after the
agreement used successfully at Centennial Park where Trailblazers has constructed
approximately 12 miles of soft surface trails. The attached conceptual map illustrates the
general alignment of the FTT. Most of the soft surface trail construction on city property will
occur at Kessler (-3000 If) primarily utilizing a section of unbuilt trail that is on the Kessler Trail
Master Plan and at the new city property on Markham Hill (--4000 If). Additionally, some existing
trails that will serve as the FTT at Kessler will be enhanced. In other areas, short sections may
be needed to cross city property or take advantage of significant features that can enhance the
trail experience primarily along the Razorback Greenway. Some segments take advantage of
residential streets for connections. The layout and construction of trail segments will balance the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
desire to create unique trail experiences with the long-term maintenance of creating new trail
infrastructure and impacts to the environment.
BUDGET/STAFF IMPACT:
This work to build the soft surface trail infrastructure is being funded by philanthropic sources.
Staff will be delegating time to supervise the contract as needed. NWA Trailblazers will maintain
portions of the trail built on private property. Approximately 8500 If of new soft surface trail will
be built on city property. City Parks and Ozark Off Road Cyclist will maintain portions of the trail
on city property and existing city trail ROW.
Attachments:
Staff Review Form
Contract with NWA
Fayetteville Traver;
Trailblazers
e Trail Conceptual Map
CONTRACT
This contract is entered into and agreed to by and between the City
of Fayetteville ("City") and the Bentonville / Bella Vista Trailblazer's
Association ("Trailblazers"), Incorporated, D/B/A NWA Trailblazers.
WHEREAS, the City of Fayetteville and NWA Trailblazers have worked
on trail construction at Centennial Park at Millsap Mountain, and one of the
trails being constructed is named the Fayetteville Traverse; and
WHEREAS, the Fayetteville Traverse Trail (FTT) is meant to create a
primarily soft surface multi -use trail loop connecting city amenities including
Centennial Park, Kessler Mountain Regional Park, Razorback Greenway, University
of Arkansas, Markham Hill, and other areas of the city; and
WHEREAS, Trailblazers has sufficient resources and funding to construct the
necessary soft surface FTT segments constructed as generally outlined in the
attached FTT Map; and
WHEREAS, the purpose of this contract is to establish the terms for the
Trailblazers to coordinate efforts, including management, contracting, and
construction of the FTT soft surface trails, trail features, and related development
on city property and right-of-ways.
NOW, THEREFORE, IN CONSIDERATION OF AND IN AGREEMENT
WITH ALL OF THE TERMS, CONDITIONS, PROMISES, COVENANTS AND
OBLIGATIONS within this agreement, the City and Trailblazers promise and
covenant as follows:
1. Trailblazers agrees that it has the exclusive obligation to timely and
satisfactorily perform and accomplish (possibly through its general contractor or
contract manager) the following duties and responsibilities related to the design
and construction of the FTT infrastructure:
a. The FTT is composed of many segments. Trailblazers will provide the
necessary and normal project coordination needed to create the soft
surface trail improvements comprising the FTT. Trailblazers will
coordinate with city personnel to approve the alignment of trail
segments on City property or right-of-ways.
b. Once construction starts on a segment, Trailblazers will reach
substantial completion within six months of the start of construction.
Substantial completion shall be defined as the date when the trail
segment is sufficiently complete to host pubic riding and hiking.
C. Providing complete trail design of the overall soft surface
trail and trail infrastructure and each component therein;
d. Building the trail system and its components to industry standards
including standards illustrated in "Lightly on the Land - The Student
Conservation Association's Trailbuilding and Maintenance Manual," and
the USDA Forest Service, Trail Construction and Maintenance Handbook,
and "Trail Solutions - The International Mountain Bicycling Association's
Guide to Building Sweet Singletrack." All trails and features are to be
tested to insure they operate properly and as intended before being
open to the public.
e. Working with contractors and subcontractors to reduce
environmental impacts to the sites during construction, including
avoiding existing springs, large trees, and other environmentally
sensitive areas.
f. Ensuring signage is in place before the trails are open to the
public cautioning the public about the use, risk, and challenges
of the trails. Signage shall be coordinated and approved by the
City prior to installation.
g. Working to ensure the safety of the public during the construction of
the soft surface trail areas. Such areas may be closed to the public
with appropriate warning signage upon authorization of city
personnel.
h. Coordinating with professional mountain bike riders to field test,
inspect and flow check all of the trails built for theproject.
i. Paying all contractors, subcontractors, materials suppliers and
professional service providers in a proper, complete, and timely
manner;
j. Resolving, settling, and/or paying all legitimate claims related to
the construction of the soft surface trail infrastructure;
k. Paying all applicable taxes on services and equipment related
to its obligations in a prompt and full manner;
1. Maintaining adequate insurance from the date of
commencement until the date of acceptance of the work by the City.
Trailblazers shall maintain the following minimum amount of
insurance coverage:
i. Commercial general liability, $1 million minimum
ii. Workers Compensation, as required by state statute
iii. $1 million minimum Commercial automobile liability
in. Consulting with the City if any public funds are received for any
portion of the project related to the soft surface trails prior to the
expenditure or pledge of such public funds to ensure compliance with
all applicable state and local laws.
n. The layout and construction of trail segments will balance the desire
2
to create unique trail experiences with the long-term maintenance of
creating new trail infrastructure and impacts to the environment.
Work to enhance existing trails to be used as the FTT will be reviewed
and approved in the field by city staff. Trailblazers will clearly mark
the proposed routes of new trail (in segments) for the Fayetteville
Traverse trail in the field and construct the route following the agreed
upon routing. Work is not to start until the City has given
authorization in writing for the clearly marked trail segments. Any
deviations must be approved by the city in writing.
2. The City of Fayetteville agrees that it shall:
a. Provide access to the project sites at hours approved by the
Parks & Recreation Director or City Engineer.
b. Reasonably cooperate with Trailblazers during the application
and approval process for any required permits if applicable.
C. Review the proposed route in the field and provide written
authorization to proceed on individual trail segments.
d. Maintain the trail sections on city property after completion by
Trailblazers.
3. Trailblazers agrees that the City of Fayetteville has no responsibility or
liability for any of the obligations listed in section 1.
4. Trailblazers shall follow all federal, state and local laws for the entire
contract term of this project including but not limited to applicable
licensing and regulations required by the Arkansas Contractor's
Licensing Board.
5. Trailblazers agrees to indemnify and hold harmless the City of
Fayetteville, its officers and employees from any and all claims, demands,
liabilities, and costs including attorney fees related to the design and/or
construction of the soft surface trails.
6. Trailblazers agrees to fully and promptly comply with the Arkansas
Freedom of Information Act and acknowledges that any documents, reports,
statements, etc. relating to the use of public funds for this project are subject
to the Freedom of Information Act.
7. This agreement can be canceled at any time by either Party's giving of sixty-
(60) day's advance written notice to the other party. If canceled, trail
segments that are under construction at the time of the notice shall be
completed or otherwise made safe for the public by Trailblazers.
3
Continued on next page.
In agreement with all the terms, conditions, promises and agreements
previously stated, we sign our names below and expressly covenant that we are
legally empowered to bind the entity for which we sign.
NWA TRAILBLAZERS
CITY OF FAYETTEVILLE
By: �urL �� By:
R. Erin Rushing
Printed name
Title: Executive Director
Date: 8-24-20 2020
WITNESS:
Gina Nida
Printed Name
Title: Executive Assistant
Date: 8-24-20
End of document.
LIONELD JORDAN
Mayor
ATTEST:
Kara Paxton, City Clerk/Treasurer
Date:
4
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----- Proposed Fayetteville Traverse
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Fayetteville, AR 8/25/2020
4:
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Susan Norton, Chief of Staff
Connie Edmonston, Park Planning Superintendent
Ted Jack, Parks and Recreation
r
FROM: Kit Williams, City Attorney
DATE: September 10, 2020
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
RE: Amendment Needed f or Resolution f or Construction of the
Fayetteville Traverse Trail
The NWA Trailblazers who have agreed to use the generous funding from the
Walton Family Foundation to design and construct portions of the Fayetteville Traverse
Trail concentrating initially on Kessler Mountain and Centennial Park on Millsap
Mountain as well as connections to the Razorback Greenway, but to eventually extend to
Markham Hill and around most of Fayetteville. After the initial Resolution and contract
were prepared and placed on your Agenda, the NWA Trailblazers informed Connie and
Ted that they had sufficient funding from the Walton Family Foundation that they could
also agree to maintain their new trail segments after construction for a number of years.
I happily drafted a revised Resolution (attached) and contract (also attached) to
reflect the offered maintenance which should save the City the maintenance costs of these
mostly soft surface trails for a number of years. Since this Resolution was placed on the
Consent Agenda, a Council Member needs to request its removal before the Consent
Agenda is read by Mayor Jordan in order to amend the Resolution and approve the
contract. Pursuant to your Rules of Order and Procedure A. 7. c.: "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."
Upon its consideration after the Consent Agenda vote, someone will need to
amend the Resolution and approve the revised Contract. To inform our citizens about
this gift, I believe that Ted Jack will give a brief description of the Fayetteville Traverse
Trail, especially relating to the two western mountains, expected construction time, etc.
RESOLUTION NO.
A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLE/BELLA VISTA
TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS FOR THE
CONSTRUCTION AND MAINTENANCE OF THE FAYETTEVILLE TRAVERSE TRAIL
ON CITY AND OTHER PROPERTY
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, in 2019, the City entered into a contract with the Bentonville/Bella Vista
Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the construction of approximately 12
miles of soft surface trails at Centennial Park at Millsap Mountain; and
WHEREAS, growing out of that work was a proposal for NWA Trailblazers to design and with
approval of the City construct portions of a loop trail to be called the Fayetteville Traverse Trail
that would link Kessler Mountain, Centennial Mountain, Markham Hill, the University and other
parts of the City at no cost to the City.
WHEREAS, the NWA Trailblazers has agreed to maintain its constructed portions of the
Fayetteville Traverse Trail at no cost to the City for a period of years as specified in the Contract.
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 thanks the Walton
Family Foundation for its generous gift to pay for the NWA Trailblazers work on the
Fayetteville Traverse Trail and authorizes Mayor Jordan to sign a contract with Bentonville/Bella
Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the design, construction and
maintenance of the Fayetteville Traverse Trail at no cost to the City.
PASSED and APPROVED this 15th day of September, 2020,
APPROVED:
By: _.
LIONELD JORDAN, Mayor
ATTEST:
KARA PAXTON, City Clerk/Treasurer
CONTRACT
This contract is entered into and agreed to by and between the City
of Fayetteville ("City") and the Bentonville / Bella Vista Trailblazer's
Association ("Trailblazers"), Incorporated, D/B/A NWA Trailblazers.
WHEREAS, the City of Fayetteville and NWA Trailblazers have worked
on trail construction at Centennial Park at Millsap Mountain, and one of the
trails being constructed is named the Fayetteville Traverse; and
WHEREAS, the Fayetteville Traverse Trail (FTT) is meant to create a
primarily soft surface multi -use trail loop connecting city amenities including
Centennial Park, Kessler Mountain Regional Park, Razorback Greenway, University
of Arkansas, Markham Hill, and other areas of the city; and
WHEREAS, Trailblazers has sufficient resources and funding to construct the
necessary soft surface FTT segments constructed as generally outlined in the
attached FTT Map; and
WHEREAS, the purpose of this contract is to establish the terms for the
Trailblazers to coordinate efforts, including management, contracting, and
construction of the FTT soft surface trails, trail features, and related development
on city property, public access easements, and rights -of -way.
NOW, THEREFORE, IN CONSIDERATION OF AND IN AGREEMENT
WITH ALL OF THE TERMS, CONDITIONS, PROMISES, COVENANTS AND
OBLIGATIONS within this agreement, the City and the Bentonville/Bella Vista
Trailblazers Association, Inc. promise and covenant as follows:
1. Bentonville/ Bella Vista Trailblazer's Association, Inc. agrees that it has the
exclusive obligation and shall timely and satisfactorily perform and accomplish
(possibly through its general contractor or contract manager) the following duties
and responsibilities related to the design, construction, and initial maintenance of
the Fayetteville Traverse Trail (FTT) infrastructure:
a. The FTT is composed of many segments. Trailblazers will provide the
necessary and normal project coordination needed to create the soft
surface trail improvements comprising the FTT. Trailblazers will
coordinate with city personnel to approve the alignment of trail
segments on City property, city controlled public access easements,
and rights -of -way.
b. Once construction starts on a segment, Trailblazers will reach
substantial completion within six months of the start of construction.
Substantial completion shall be defined as the date when the trail
segment is sufficiently complete to host pubic riding and hiking.
C. Providing complete trail design of the overall soft surface
trail and trail infrastructure and each component therein;
d. Building the trail system and its components to industry standards
including standards illustrated in "Lightly on the Land - The Student
Conservation Association's Trailbuilding and Maintenance Manual," and
the USDA Forest Service, Trail Construction and Maintenance Handbook,
and "Trail Solutions - The International Mountain Bicycling Association's
Guide to Building Szveet Singletrack." All trails and features are to be
tested to insure they operate properly and as intended before being
open to thepublic.
e. Working with contractors and subcontractors to reduce
environmental impacts to the sites during construction, including
avoiding existing springs, large trees, and other environmentally
sensitive areas.
f. Ensuring signage is in place before the trails are open to the
public cautioning the public about the use, risk, and challenges
of the trails. Signage shall be coordinated and approved by the
City prior to installation.
g. Working to ensure the safety of the public during the construction of
the soft surface trail areas. Such areas may be closed to the public
with appropriate warning signage upon authorization of city
personnel.
h. Coordinating with professional mountain bike riders to field test,
inspect and flow check all of the trails built for the project.
i. Paying all contractors, subcontractors, materials suppliers and
professional service providers in a proper, complete, and timely
manner;
j. Resolving, settling, and/or paying all legitimate claims related to
the construction of the soft surface trail infrastructure;
k. Paying all applicable taxes on services and equipment related
to its obligations in a prompt and full manner;
1. Maintaining adequate insurance from the date of
commencement until the date of acceptance of the work by the
City. Trailblazers shall maintain the following minimum
amount of insurance coverage:
i. Commercial general liability, $1 million minimum
ii. Workers Compensation, as required by state statute
iii. $1 million minimum Commercial automobile liability
In. Consulting with the City if any public funds are received for any
portion of the project related to the soft surface trails prior to the
expenditure or pledge of such public funds to ensure compliance with
all applicable state and local laws.
r.
n. The layout and construction of trail segments will balance the desire
to create unique trail experiences with the long-term maintenance of
creating new trail infrastructure and impacts to the environment.
Work to enhance existing trails to be used as the FTT will be reviewed
and approved in the field by city staff. Trailblazers will clearly mark
the proposed routes of new trail (in segments) for the Fayetteville
Traverse trail in the field and construct the route following the agreed
upon routing. Work is not to start until the City has given
authorization in writing for the clearly marked trail segments. Any
deviations must be approved by the city in writing.
o. Agrees to maintain the completed trail segments in good condition at no
cost to the city for one and one half (1.5) years after completion.
2. The City of Fayetteville agrees that it shall:
a. Provide access to the project sites at hours approved by the
Parks & Recreation Director or City Engineer.
b. Reasonably cooperate with Trailblazers during the application
and approval process for any required permits if applicable.
C. Review the proposed route in the field and provide written
authorization to proceed on individual trail segments.
d. Review and make recommendations for routes on private land
easements or licenses which shall built to the same
considerations and standards as all other FTT trails.
e. Maintain the trail sections on city property for at least five (5)
years after completion by Trailblazers and Trailblazers'
maintenance of the trails for one and one half (1.5) years.
3. Trailblazers agrees that the City of Fayetteville has no responsibility or
liability for any of the obligations listed in section 1.
4. A large portion of the FTT will be on private land or other property not
controlled by the City of Fayetteville. Those portions of trails shall be
maintained by Trailblazers or their contractors in good condition for at least
five (5) years. Acquisition of public access easements or other methods of
acquiring public access for trail use shall be the responsibility of the
Trailblazers.
5. Trailblazers shall follow all federal, state and local laws for the entire
contract term of this project including but not limited to applicable
licensing and regulations required by the Arkansas Contractor's
Licensing Board.
6. Trailblazers agrees to indemnify and hold harmless the City of
3
Fayetteville, its officers and employees from any and all claims, demands,
liabilities, and costs including attorney fees related to the design and/or
construction of the soft surface trails.
7. Trailblazers agrees to fully and promptly comply with the Arkansas
Freedom of Information Act and acknowledges that any documents, reports,
statements, etc. relating to the use of public funds for this project are subject
to the Freedom of Information Act.
8. This agreement can be canceled at any time by either Party's giving of sixty-
(60) day's advance written notice to the other party. If canceled, trail
segments that are under construction at the time of the notice shall be
completed or otherwise made safe for the public by whichever party cancels
the contract.
In agreement with all the terms, conditions, promises and agreements
previously stated, we sign our names below and expressly covenant that we are
legally empowered to bind the entity for which we sign.
BENTONVILLE/BELLA VISTA
TRAILBLAZER'S ASSOCIATION, INC.
By: CQ;f, ,�� By:
R. Erin Rushin
Printed name
Title: Executive Director
Date: 9-11-2020 2020
WITNESS:
By:
Gina Nida
Printed Name
Title: Executive Assistant
Date: 9-11-20
CITY OF FAYETTEVILLE
LIONELD JORDAN
Mayor
ATTEST:
Kara Paxton, City Clerk/Treasurer
Date:
4
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Proposed Fayetteville Traverse
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- Proposed Fayetteville Traverse (Pnvate
------ Traverse Connection
MTB Trails (Planned)
MTB Trails (Existing)
Paved Trails
Soft Surface- City Property/ ROW
- Hard Surface - City Property/ROW
WAL,TON FAMILY
F O U N D A T 1 O N
9/10/2020
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0672
Agenda Date: 9/15/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A. 6
AFTERGLOW AIRCRAFT SOLUTIONS, LLC:
A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH AFTERGLOW
AIRCRAFT SOLUTIONS, LLC FOR THE AIRPORT HANGAR AT 4158 SOUTH SCHOOL AVENUE
FOR RENT IN THE AMOUNT OF $850.00 PER MONTH
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a three year lease
agreement with Afterglow Aircraft Solutions, LLC a copy of which is attached to this Resolution and made a
part hereof, for the airport hangar at 4158 South School Avenue for rent in the amount of $850.00 per month.
City of Fayetteville, Arkansas Page 1 Printed on 911512020
Summer Fallen
Submitted By
City of Fayetteville Staff Review Form
2020-0672
Legistar File ID
9/15/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/6/2020 AIRPORT SERVICES (760)
Submitted Date Division / Department
Action Recommendation:
Staff requests a resolution to approve and allow the Mayor to sign a corporate hangar lease renewal for 4158 S
School Ave between the City of Fayetteville and Afterglow Aircraft Solutions, LLC.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
$
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 15, 2020
TO: Mayor Lioneld Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Summer Fallen, Airport Services Manager
DATE: August 6, 2020
CITY COUNCIL MEMO
SUBJECT: Afterglow Aircraft Solutions, LLC Corporate Hangar lease agreement for
4158 S School Ave
RECOMMENDATION:
Staff requests a resolution to approve and allow the Mayor to sign a corporate hangar lease
agreement between the City of Fayetteville and Afterglow Aircraft Solutions, LLC.
BACKGROUND:
The corporate hangar is at 4158 S School Ave., Fayetteville, AR 72701. It is currently occupied
by Afterglow Aircraft Solutions, LLC.
DISCUSSION:
Afterglow Aircraft Solutions, LLC would like to lease corporate hangar space to provide aircraft
restoration and painting.
BUDGET/STAFF IMPACT:
This lease will provide $10,200 in revenue annually to the airport.
Attachments:
Staff Review Form
City Council Memo
Corporate Hangar Lease Agreement
Exhibit A
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
LEASE AGREEMENT
This LEASE AGREEMENT made this day of , 2020, by and
between the City of Fayetteville, Arkansas, hereinafter called "City", and Afterglow Aircraft
Solutions,LLC c/o Jonathan Rose, PO Box 393, Greenland, AR 72737, 479-234-1226, hereinafter
called "Afterglow."
WHEREAS, City is the owner of an airport known as the Fayetteville Executive Airport, Drake
Field, herein referred to as the "Airport"; and
WHEREAS, City is the owner of an aircraft hangar at the Airport; and
WHEREAS, Afterglow desires to lease said corporate aircraft hangar
NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein,
hereby agree as follows:
1. City leases to Afterglow, and Afterglow leases from City, the corporate aircraft hangar located
at 4158 S. School Ave., Fayetteville, Arkansas as reflected on "Exhibit A" attached hereto and
made a part hereof.
2. After lg ow is granted the use, in common with others similarly authorized, of the airport, together
with all facilities, equipment, improvements, and services which have been, or may hereafter, be
provided at, or in connection with the Airport from time to time including, but not limited to, the
landing field, and any extensions hereof or additions thereto, roadways, runways, ramps, aprons,
taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other
conveniences for flying, landings and take -offs.
3. Afterglow shall have at all times the full and free right in ingress to and egress from the demised
premises and facilities referred to herein for Afterglow, its employees, customers, passengers,
guests, and other invitees. Such rights shall also extend to persons or organizations supplying
materials or furnishing services to Afterglow.
4. Term: Subject to earlier termination as hereinafter provided, the initial term of this agreement
shall be for Three (3) year(s) commencing on the day of 20201and
ending on the day of 2023
This Lease Agreement may be terminated by either party with a thirty (30) day written notice.
5. Rent: Afterglow agrees to pay the City for the use of the premises, facilities, rights, and
privileges granted hereunder the sum of. Eight Hundred and Fifty Dollars ($850.00)per month.
There will be a two percent increase per year upon renewal of this Lease Agreement going forward.
The initial lease payment is due and payable upon execution of this Lease Agreement, and all
subsequent monthly lease payments shall be payable in advance on, or before, the 1" day of each
month. In addition to any remedy available to it hereunder, the City may impose as additional
rentals a delinquency charge on all overdue payments, at the maximum rate allowed by law.
6. City shall maintain and keep in good repair so much of the Airport premises as are not under
the exclusive control of Afterglow. After lg ow shall, at the termination, surrender or forfeiture of
this lease, return said premises in same or better condition premises were at the beginning of the
lease, normal wear and tear excepted.
7. Afterglow shall provide for and supply at its expense all janitor service with respect to the
demised premises, and shall pay for all utilities serving the demised premises, including, but not
limited to heat, light, gas, electricity, and water, sewer and trash removal.
8. Improvements: Afterglow shall bear the cost of all improvements or additions made to the
interior or exterior of the building on the leased premises. No improvements or additions to any
part of the leased premises shall be made by Afterglow without the prior written approval of the
Airport Manager, whose consent will not be unreasonably withheld. Any signs or antennas to be
erected on or attached to the leased premises must have the prior written approval of the Airport
Manager and conform to all City Ordinances.
9. Maintenance: The City shall be responsible only for major maintenance of the existing
equipment, i.e. replacement of heating unit and other equipment in place in the facility which
includes, roof, hangar door motors, exterior walls, exterior plumbing, paved ramp and paved
parking lot. The City agrees that if the roof or any part of the exterior walls or exterior plumbing
of said building thereof shall become defective or damaged at any time during the term due to
ordinary wear and tear and not due to negligence of Afterglow, or After lg ow `s agents or invites,
upon notice from Afterglow, the City will immediately cause repairs to be made and restore the
defective portions to good condition. If the damage is so extensive as to render such building
untenable, the rent payable hereunder shall be proportionally paid up to the time of such damage
and shall thenceforth cease until such time as the premises shall be fully restored. If the demised
premises are completely destroyed, City may reconstruct the hangar at the City's own cost and the
rent payable hereunder shall be adjusted as set forth above, or City may, at its option, cancel this
agreement, such cancellation to be effective as of the date the hangar was destroyed, and the rent
adjusted as set forth above. Routine maintenance of the hangar doors shall remain the
responsibility of the City. Afterglow shall not make any alterations to the controls of the hangar
doors.
10. Afterglow agrees to observe and obey City's Ordinances and Regulations with respect to use
of the demised premises and Airport; provided, however, such Ordinances and Regulations shall
2
be consistent with safety and with all city, county, and state rules, regulations, including all current
fire codes, and orders of the Federal Aviation Administration with respect to aircraft operations at
the Airport, and provided further, such Ordinances and Regulations shall be consistent with the
provisions of this agreement or the procedures prescribed or approved from time to time by the
Federal Aviation Administration with respect to the operation of After lg ow's aircraft at the
Airport.
"The Minimum St and ardsJor Fayetteville Executive Airport, Drake Field" herein referredto as
Airport Minimum Standards are made part of this lease by reference as if included word for word.
11. Afterglow agrees that it shall use the premises for the implementation and conducting of an
aeronautical business activity. Afterglow agrees that it shall use the premises only for the storage
of airplanes and materials and equipment necessarily related to the operation of said aeronautical
business activity and that no other vehicles, equipment or supplies shall be stored on the premises
unless expressly agreed to by the City. Afterglow further agrees not to store any flammable
material outside of an approved storage container on the demised premises, other than a limited
supply of oils and agents necessary, for current aircraft maintenance and repair, or in any way
endanger or violate the provisions of the City's standard commercially available property
insurance policy or the requirements of same. Such violations shall constitute a material breach
of this Agreement.
12. Hazardous Substance; Afterglow shall not cause or permit any Hazardous Substance to be
used or stored on or in the Leased Premises without first obtaining the City's written consent. If
hazardous Substances are used, stored, generated, or disposed of on or in the Leased Premises or
if the Leased Premises or any other Airport property becomes contaminated in any manner for
which Afterglow is responsible or legally liable, After 7lo shall indemnify and hold harmless the
City, its officers, directors, agents, servants, and employees from any and all claims, damages,
fines, judgments, penalties, costs, liabilities, or losses including all reasonable costs for
investigation and defense thereof, {including but not limited to attorney's fees, court costs, and
expert fees, and without limitation, decrease in value of the Lease Premises, damages caused by
loss or restriction of rentable or usablc space as a part of the Leased Premises arising during or
after the term hereof and arising as a result of that contamination by A.fierglovv, Afterglow agents,
employees, and invitees. This indemnification includes, without limitation, all cost incurred
because of any investigation of the Airport or any cleanup, removal, or restoration mandated by a
federal, state, local agency or political subdivision.
13. If the demised premises are partially damaged by fire or other casualty which is not due to the
negligence or fault of the Afterglow, said premises shall be repaired with due diligence by City at
City's expense. If the damage is so extensive as to render such building untenable, the rent payable
hereunder shall be proportionally paid up to the time of such damage and shall thenceforth cease
until such time as the premises shall be fully restored. If the demised premises are completely
destroyed, City may reconstruct the hangar at the City's own cost and the rent payable hereunder
shall be adjusted as set forth above, or City may, at its option, cancel this agreement, such
cancellation to be effective as of the date the hangar was destroyed, and the rent adjusted as set
forth above.
3
14. Afterglow shall maintain in force during the Temi and any extended term public liability and
property damage insurance in comprehensive form as reasonably may be required by the City and
specified in the Airport Minimum Standards. The insurance shall be issued by an insurer licensed
to do business in the State of Arkansas.
Concurrent with the execution of this Agreement, Afterglow shall provide proof of insurance
coverage by providing a Certificate of Lessee's Insurance coverage, a copy of the declarations
page on the insurance policy, and a copy of all endorsements. The Certificates of Insurance, or
endorsements attached thereto, shall provide that; (a) insurance coverage shall not be canceled,
changed in coverage, or reduced in limits without at least thirty (30) days prior written notice to
the City: (b) the City mid the Airport and their trustees, agents, officers, servants, and employees
are named as additional insured: (c) the policy shall be considered primary as regards to any other
insurance coverage the City may possess, including any self -insured retention or deductible the
City may have, and any other insurance coverage the City may possess shall be considered excess
insurance only; (d) the limits of liability required therein are on an occurrence basis.
15. Afterglow agrees to indemnify City against any and all liabilities, losses, suits, claims,
judgments, fines, penalties, demands or expenses, including all reasonable costs for investigation
and defense thereof, (including but not limited to attorney's fees, court costs, and expert fees, for
injuries to persons or damage to property caused by After low s use or occupancy of the lease
premises; provided, however, that Afterglow shall not be liable for any injury, damage or loss
arising from the negligence of City or its agents or employees; and provided further, that each
party shall give prompt and timely notice of any claim made or suit instituted which in any way
directly or indirectly affects or might affect either party, and each party shall have the right to
compromise and defend the same to the extent of its own interest. This clause shall not be
construed to waive that tort immunity as set forth under Arkansas Law.
16, Afterglow agrees that it will not discriminate by segregation or otherwise against any person
or persons because of race, creed, color, religion, national origin, sex, marital status, or handicap
in the famishing, or by refusing to famish, to such persons the use of any facility, including any
and all services, privileges, accommodations, and activities provided thereby. Nothing herein shall
require the furnishing to the general public of the use of any facility customarily famished by the
City solely to tenants, their employees, customers, patients, client, guests, and invites.
17. Assigning, Subletting and Encumbering. Afterglow shall not assign this Agreement in whole
or in part, nor sublease all or any part of the Leased Premises, nor permit other persons to occupy
said Leased Premises or any part thereof, not grant any license or concession for all or any part of
said Leased Premises, without the prior written consent of the Airport Manager, which consent
shall not be unreasonably withheld. Any consent by the Airport to an assignment or subletting of
this Agreement shall not constitute a waiver of the necessity of obtaining that consent as to any
subsequent assignment. Any assignment for the benefit of After glow's creditors or otherwise by
operation of law shall not be effective to transfer or assign Afterglo 's interest under this
4
Agreement unless the Airport shall have first consented thereto in writing. Neither After low's
interest in this Agreement, not any estate created hereby in Afterglow nor any interest herein or
therein, shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by
operation of law except as may specifically be provided in the Bankruptcy Code. If any of the
corporate shares of stock ofAfterglow are transferred, or if any partnership interests of Afterglow
are transferred, by sale, assignment, bequest, inheritance, operation of law, or otherwise, so as to
result in a change of the control, assets, value, ownership, or structure of Afterglow, same shall be
deemed an assignment for the purposes of this Section 1.7 and shall require the Airport's prior
consent, and Afterglow shall notify the Airport of any such change or proposed change.
18. On the expiration or other termination of this lease Afterglow's right to use the demised
premises shall cease, and Afterglow shall vacate the premises without unreasonable delay. All
property installed, erected, or placed by After low in, on, or about the premises leased hereunder
shall be deemed to be personal property and shall remain the property of Afterglow. After_.glow
shall have the right at any time during the term of this agreement; or any renewal or extension.
hereof, and for an additional period of fourteen (14) days after the expiration or other termination
of this agreement, to remove any .or all of such property, subject, however, to After,.low's
obligation to repair all damage, if any, resulting from such removal. Any and all property not
removed by Afterglow prior to the expiration of the aforesaid fourteen (14) day period shall
thereupon become a part of the land on which it is located and title hereto shall thereupon vest in
City.
19. City may enter the premises leased to Afterglow at any reasonable time for any purpose
necessary or incidental to the performance of its obligations or Afterglow's obligations hereunder.
20. Afterglow shall maintain the demised premises in a clean and orderly fashion at all times.
Afterglow shall be responsible for the upkeep and mowing of the leased property.
21. Afterglow shall not start or operate aircraft engines within the aircraft hangar leased hereby
and shall not allow such operations by any other person.
22. M Afterglow agrees that habitation of the hangar building as a residence is prohibited.
23. Any notice or consent required by this Agreement shall be sufficient if sent by Certified Mail,
return receipt requested, postage paid, to the following address:
City of Fayetteville
Airport Administration Office
4500 S. School Avenue, Suite F
Fayetteville, Arkansas 72701
Phone: 71 b-7642
Afterglow Aircraft Solutions, LLC
c/o Jonathan Rose
PO Box 393
Greenland, Arkansas 72737
Phone: (479) 234-1226
24. This agreement shall be construed under the laws of the State of Arkansas.
25. All the covenants, conditions, and provisions under this agreement shall extend to and bind
the legal representative, successors, and assigns of the respective parties hereof,
IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above
written.
CITY OF FAYETTEVILLE, ARKANSAS:
M
Lioneld Jordan, Mayor
ATTEST:
By:
Kara Paxton, City Clerk Treasurer
AFTERGLOW 4T SOLUTIO LC
By:
Title
6
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2020-0707
Agenda Date: 9/15/2020 Version: 1 Status: Agenda Ready
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A. 7
CREAMER PILOT SERVICES, LLC:
A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH CREAMER PILOT
SERVICES, LLC FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AND
CORPORATE HANGER SPACE AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE
AMOUNT OF $3,000.00 PER MONTH THROUGH DECEMBER 2021, $4,000.00 PER MONTH FOR
JANUARY THROUGH DECEMBER 2022, AND $5,000.00 PER MONTH FROM JANUARY 2023
THROUGH THE END OF THE LEASE TERM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a three year lease
agreement with Creamer Pilot Services, LLC, a copy of which is attached to this Resolution and made a part
hereof, for office space in the Airport Terminal Building and corporate hanger space for rent in the amount of
$3,000.00 per month through December 2021, increasing to $4,000.00 per month for January through
December 2022, and increasing to $5,000.00 per month from January 2023 through the end of the lease term.
City of Fayetteville, Arkansas Page 1 Printed on 911512020
Summer Fallen
Submitted By
City of Fayetteville Staff Review Form
2020-0707
Legistar File ID
9/15/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/17/2020 AIRPORT SERVICES (760)
Submitted Date Division / Department
Action Recommendation:
Airport -Staff recommends approval and signature of the Mayor on a lease agreement between the City of
Fayetteville and Creamer Pilot Services, LLC for office space in the terminal building and corporate hangar space.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
$
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 15, 2020
TO: Mayor Lioneld Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Summer Fallen, Airport Services Manager
DATE: August 17, 2020
SUBJECT: Creamer Pilot Services, LLC lease
CITY COUNCIL MEMO
RECOMMENDATION:
Staff recommends approval and signature of the Mayor on a lease agreement between the City
of Fayetteville and Creamer Pilot Services, LLC for office space in the terminal building and
corporate hangar space.
BACKGROUND:
Creamer Pilot Services, LLC operates a Part 135 charter service offering private air charter and
aircraft management. Creamer Pilot Services, LLC operates multiple jets from Drake and
employs 10+ employees.
DISCUSSION:
Creamer Pilot Services, LLC would like to continue to lease the corporate hangar space and
office space for their Part 135 charter service.
BUDGET/STAFF IMPACT:
This lease will provide $36,000 in revenue annually to the airport.
Attachments:
Staff Review Form
City Council Memo
Corporate Hangar Lease Agreement
Exhibit A
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
LEASE AGREEMENT
This LEASE AGREEMENT made this day of , 2020, by and
between the City of Fayetteville, Arkansas, hereinafter called "City", and Creamer Pilot Services,
LLC, 4500 S School Ave Ste. M, Fayetteville, AR 72701, 479-841-4262, hereinafter called
"Creamer Pilot Services, LLC."
WHEREAS, City is the owner of an airport known as the Fayetteville Airport, Drake Field, herein
referred to as the "Airport"; and
WHEREAS, City is the owner of an aircraft hangar and office space at the Airport; and
WHEREAS, Creamer Pilot Services, LLC desires to lease said corporate aircraft hangar and
office space,
NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein,
hereby agree as follows:
1. City leases to Creamer Pilot Services, LLC , and Creamer Pilot Services, LLC leases from
City, approximately 18,750 sq. ft.. of corporate hangar space and 2260 sq. ft. of office space in the
Terminal Building located at 4500 S. School Ave, Fayetteville Arkansas, as reflected on "Exhibit
A" attached hereto and made a part hereof.
2. Creamer Pilot Services, LLC is granted the use, in common with others similarly authorized,
of the airport, together with all facilities, equipment, improvements, and services which have been,
or may hereafter, be provided at, or in connection with the Airport from time to time including,
but not limited to, the landing field, and any extensions hereof or additions thereto, roadways,
runways, ramps, aprons, taxiways, flood lights, landing lights, beacons, control tower, signals,
radio aids, and all other conveniences for flying, landings and take -offs.
3. Creamer Pilot Services, LLC shall have at all times the full and free right in ingress to and
egress from the demised premises and facilities referred to herein for Creamer Pilot Services,
LLC, its employees, customers, passengers, guests, and other invitees. Such rights shall also
extend to persons or organizations supplying materials or furnishing services to Creamer Pilot
Services, LLC.
4. Term: Subject to earlier termination as hereinafter provided, the initial term of this agreement
shall be for THREE YRS (3) year(s) commencing on the day of 2020, and
ending on the day of 2023.
This Lease Agreement may be terminated by either party with a sixty (60) day written notice.
5. Rent: Creamer Pilot Services, LLC agrees to pay the City for the use of the premises,
facilities, rights, and privileges granted hereunder the sum of. THREE THOUSAND DOLLARS
AND NO CENTS, ($3,000.00) per month through December of 2021, FOUR THOUSAND
DOLLARS AND NO CENTS, ($4,000.00) per month, January 2022 through December 2022, and
FIVE THOUSAND DOLLARS AND NO CENTS, ($5 000.00) per month until expiration.
The initial lease payment is due and payable upon execution of this Lease Agreement, and all
subsequent monthly lease payments shall be payable in advance on, or before, the 1 St day of each
month. In addition to any remedy available to it hereunder, the City may impose as additional
rentals a delinquency charge on all overdue payments, at the maximum rate allowed by law.
6. City shall maintain and keep in good repair so much of the Airport premises as are not under
the exclusive control of Creamer Pilot Services, LLC. Creamer Pilot Services, LLC shall, at
the termination, surrender or forfeiture of this lease, return said premises in same or better
condition premises were at the beginning of the lease, normal wear and tear excepted.
7. Creamer Pilot Services, LLC shall provide for and supply at its expense all janitor service
with respect to the demised premises, and shall pay for all utilities serving the demised premises,
including, but not limited to heat, light, gas, electricity, and water, sewer and trash removal.
8. Improvements: Creamer Pilot Services, LLC shall bear the cost of all improvements or
additions made to the interior or exterior of the building on the leased premises. No improvements
or additions to any part of the leased premises shall be made by Creamer Pilot Services, LLC
without the prior written approval of the Airport Manager, whose consent will not be unreasonably
withheld. Any signs or antennas to be erected on or attached to the leased premises must have the
prior written approval of the Airport Manager and conform to all City Ordinances.
9. Maintenance: The City shall be responsible only for major maintenance of the existing
equipment, i.e. replacement of heating unit and other equipment in place in the facility which
includes, roof, hangar door motors, exterior walls, exterior plumbing, paved ramp and paved
parking lot. The City agrees that if the roof or any part of the exterior walls or exterior plumbing
of said building thereof shall become defective or damaged at any time during the term due to
ordinary wear and tear and not due to negligence of Creamer Pilot Services, LLC, or Creamer
Pilot Services, LLC agents or invites, upon notice from Creamer Pilot Services, LLC, the City
will immediately cause repairs to be made and restore the defective portions to good condition. If
the damage is so extensive as to render such building untenable, the rent payable hereunder shall
be proportionally paid up to the time of such damage and shall thenceforth cease until such time
as the premises shall be fully restored. If the demised premises are completely destroyed, City
may reconstruct the hangar at the City's own cost and the rent payable hereunder shall be adjusted
as set forth above, or City may, at its option, cancel this agreement, such cancellation to be
effective as of the date the hangar was destroyed, and the rent adjusted as set forth above. Routine
maintenance of the hangar doors shall remain the responsibility of the City. Creamer Pilot
Services, LLC shall not make any alterations to the controls of the hangar doors.
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10. Creamer Pilot Services, LLC agrees to observe and obey City's Ordinances and Regulations
with respect to use of the demised premises and Airport; provided, however, such Ordinances and
Regulations shall be consistent with safety and with all city, county, and state rules, regulations,
including all current fire codes, and orders of the Federal Aviation Administration with respect to
aircraft operations at the Airport, and provided further, such Ordinances and Regulations shall be
consistent with the provisions of this agreement or the procedures prescribed or approved from
time to time by the Federal Aviation Administration with respect to the operation of Creamer
Pilot Services, LLC aircraft at the Airport.
"The Minimum Standards for Fayetteville Executive Airport, Drake Field" herein referred to as
Airport Minimum Standards are made part of this lease by reference as if included word for word.
11. Creamer Pilot Services, LLC agrees that it shall use the premises for the implementation and
conducting of an aeronautical business activity. Creamer Pilot Services, LLC agrees that it shall
use the premises only for the storage of airplanes and materials and equipment necessarily related
to the operation of said aeronautical business activity and that no other vehicles, equipment or
supplies shall be stored on the premises unless expressly agreed to by the City. Creamer Pilot
Services, LLC further agrees not to store any flammable material on the demised premises, other
than a limited supply of oils and agents necessary for current aircraft maintenance and repair, or
in any way endanger or violate the provisions of the City's standard commercially available
property insurance policy or the requirements of same. Such violations shall constitute a material
breach of this Agreement.
12. Hazardous Substance: Creamer Pilot Services, LLC shall not cause or permit any
Hazardous Substance to be used or stored on or in the Leased Premises without first obtaining the
City's written consent. If hazardous Substances are used, stored, generated, or disposed of on or
in the Leased Premises or if the Leased Premises or any other Airport property becomes
contaminated in any manner for which Creamer Pilot Services, LLC is responsible or legally
liable, Creamer Pilot Services, LLC shall indemnify and hold harmless the City, its officers,
directors, agents, servants, and employees from any and all claims, damages, fines, judgments,
penalties, costs, liabilities, or losses including all reasonable costs for investigation and defense
thereof, (including but not limited to attorney's fees, court costs, and expert fees, and without
limitation, decrease in value of the Lease Premises, damages caused by loss or restriction of
rentable or usable space as a part of the Leased Premises arising during or after the term hereof
and arising as a result of that contamination by Creamer Pilot Services, LLC, Creamer Pilot
Services, LLC agents, employees, and invitees. This indemnification includes, without limitation,
all cost incurred because of any investigation of the Airport or any cleanup, removal, or restoration
mandated by a federal, state, local agency or political subdivision.
13. If the demised premises are partially damaged by fire or other casualty which is not due to the
negligence or fault of Creamer Pilot Services, LLC, said premises shall be repaired with due
diligence by City at City's expense. If the damage is so extensive as to render such building
untenable, the rent payable hereunder shall be proportionally paid up to the time of such damage
and shall thenceforth cease until such time as the premises shall be fully restored. If the demised
premises are completely destroyed, City may reconstruct the hangar at the City's own cost and the
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rent payable hereunder shall be adjusted as set forth above, or City may, at its option, cancel this
agreement, such cancellation to be effective as of the date the hangar was destroyed, and the rent
adjusted as set forth above.
14. Creamer Pilot Services, LLC shall maintain in force during the Term and any extended term
public liability and property damage insurance in comprehensive form as reasonably may be
required by the City and specified in the Airport Minimum Standards. The insurance shall be
issued by an insurer licensed to do business in the State of Arkansas.
Concurrent with the execution of this Agreement, Creamer Pilot Services, LLC shall provide
proof of insurance coverage by providing a Certificate of Lessee's Insurance coverage, a copy of
the declarations page on the insurance policy, and a copy of all endorsements. The Certificates of
Insurance, or endorsements attached thereto, shall provide that; (a) insurance coverage shall not
be canceled, changed in coverage, or reduced in limits without at least thirty (30) days prior written
notice to the City: (b) the City and the Airport and their trustees, agents, officers, servants, and
employees are named as additional insured: (c) the policy shall be considered primary as regards
to any other insurance coverage the City may possess, including any self -insured retention or
deductible the City may have, and any other insurance coverage the City may possess shall be
considered excess insurance only; (d) the limits of liability required therein are on an occurrence
basis.
15. Creamer Pilot Services, LLC agrees to indemnify City against any and all liabilities, losses,
suits, claims, judgments, fines, penalties, demands or expenses, including all reasonable costs for
investigation and defense thereof, (including but not limited to attorney's fees, court costs, and
expert fees, for injuries to persons or damage to property caused by Creamer Pilot Services, LLC
use or occupancy of the lease premises; provided, however, that Creamer Pilot Services, LLC
shall not be liable for any injury, damage or loss arising from the negligence of City or its agents
or employees; and provided further, that each party shall give prompt and timely notice of any
claim made or suit instituted which in any way directly or indirectly affects or might affect either
party, and each party shall have the right to compromise and defend the same to the extent of its
own interest. This clause shall not be construed to waive that tort immunity as set forth under
Arkansas Law.
16. Creamer Pilot Services, LLC agrees that it will not discriminate by segregation or otherwise
against any person or persons because of race, creed, color, religion, national origin, sex, marital
status, or handicap in the furnishing, or by refusing to furnish, to such persons the use of any
facility, including any and all services, privileges, accommodations, and activities provided
thereby. Nothing herein shall require the furnishing to the general public of the use of any facility
customarily furnished by the City solely to tenants, their employees, customers, patients, client,
guests, and invites.
17. Assigning, Subletting and Encumbering. Creamer Pilot Services, LLC shall not assign this
Agreement in whole or in part, nor sublease all or any part of the Leased Premises, nor permit
other persons to occupy said Leased Premises or any part thereof, not grant any license or
concession for all or any part of said Leased Premises, without the prior written consent of the
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