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HomeMy WebLinkAbout40-21 RESOLUTION` OF f1YEE,f i �9k�NSNS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 40-21 File Number: 2021-0035 CENTENNIAL PARK UNDERGROUND UTILITY EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF A GENERAL UNDERGROUND UTILITY EASEMENT TOOZARKS ELECTRIC COOPERATIVE CORPORATION, OZARKS GO AND AT&T ACROSS A PORTION OF CENTENNIAL PARK AT MILLSAP MOUNTAIN TO PLACE THE OVERHEAD UTILITY LINES UNDERGROUND FOR AESTHETIC AND SAFETY PURPOSES WHEREAS, On August 6, 2019, City Council approved Resolution No. 180-19 authorizing a cost share agreement with N WA Trailblazers for construction of phase one improvements identified in the master plan for Centennial Park at Millsap Mountain; and WHEREAS, On January 6; 2021, Mayor Jordan approved an amendment to the agreement to authorize the N WA Trailblazers to execute utility relocation agreements required to underground the utilities owned by Ozarks Electric Cooperative Corporation, Ozarks Go and AT&T; and WHEREAS, Ozarks Electric Cooperative Corporation, Ozarks Go and AT&T require a 24,042 square foot easement, which generally follows the location of the existing overhead lines, for the placement of the utility lines underground. 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 execute the General Underground Utility Easement attached to this Resolution in favor of Ozarks Electrical Cooperative Corporation, Ozarks Go, LLC and Southwestern Bell Telephone Company d/b/a AT&T Arkansas across a portion of Centennial Park at Millsap Mountain for the purpose of Page 1 Pr/nted on 2/"l Resolution: 40-21 File Number 2021-0035 moving the overhead utility lines underground for safety and aesthetic purposes. PASSED and APPROVED on 2/2/2021 Attest: y G�ERKIIIT,'�. Cl Ty Kara Paxton, City Clerk Treasurer=— gNSAS Page I Printed on Y3lt1 City of Fayetteville, Arkansas Text File File Number: 2021-0035 Agenda Date: 2/2/2021 Version: 1 In Control: City Council Meeting Agenda Number: A.3 CENTENNIAL PARK UNDERGROUND UTILITY EASEMENT: 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Status: Passed File Type: Resolution A RESOLUTION TO APPROVE THE CONVEYANCE OF A GENERAL UNDERGROUND UTILITY EASEMENT TO OZARKS ELECTRIC COOPERATIVE CORPORATION, OZARKS GO AND AT&T ACROSS A PORTION OF CENTENNIAL PARK AT MILLSAP MOUNTAIN TO PLACE THE OVERHEAD UTILITY LINES UNDERGROUND FOR AESTHETIC AND SAFETY PURPOSES WHEREAS, On August 6, 2019, City Council approved Resolution No. 180-19 authorizing a cost share agreement with N WA Trailblazers for construction of phase one improvements identified in the master plan for Centennial Park at Millsap Mountain; and WHEREAS, On January 6, 2021, Mayor Jordan approved an amendment to the agreement to authorize the NWA Trailblazers to execute utility relocation agreements required to underground the utilities owned by Ozarks Electric Cooperative Corporation, Ozarks Go and AT&T; and WHEREAS, Ozarks Electric Cooperative Corporation, Ozarks Go and AT&T require a 24,042 square foot easement, which generally follows the location of the existing overhead lines, for the placement of the utility lines underground. 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 execute the General Underground Utility Easement attached to this Resolution in favor of Ozarks Electrical Cooperative Corporation, Ozarks Go, LLC and Southwestern Bell Telephone Company d/b/a AT&T Arkansas across a portion of Centennial Park at Millsap Mountain for the purpose of moving the overhead utility lines underground for safety and aesthetic purposes. City of Fayetteville, Arkansas Page 1 Printed On 21312021 City of Fayetteville Staff Review Form 2021-0035 Legistar File ID 2/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Connie Edmonston 1/14/2021 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Resolution to approve a general utility easement of approximately 24,042 square feet with Ozarks Electric, OzarksGO and AT&T at Centennial Park in order to place the overhead utility lines underground for aesthetic and safety purposes. Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: .020-00000042Crossland Heavy Equi Change Order Number: Original Contract Number: .020-00000030Crossland Heavy Equi Comments: Fund Project Title 0 Previous Ordinance or Resolution # 180-19; 114-20 Approval Date: CITY OF FAYETTEVILLE ARKANS ARKANSAS MEETING OF FEBRUARY 2, 2021 CITY COUNCIL MEMO TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Connie Edmonston, Parks & Recreation Director DATE: January 14, 2021 SUBJECT: Resolution to approve a general utility easement of approximately 24,042 square feet with Ozarks Electric, OzarksGO and AT&T at Centennial Park in order to place the overhead utility lines underground for aesthetic and safety purposes. RECOMMENDATION: Resolution to approve a general utility easement of approximately 24.,042 square feet with Ozarks Electric, OzarksGO and AT&T at Centennial Park in. order to place the overhead utility lines underground for aesthetic and safety purposes. BACKGROUND: On August 6, 2019, City Council approved Resolution No. 180-19 authorizing a cost share agreement with NWA Trailblazers for construction of phase one improvements identified in the master plan for Centennial Park at Millsap Mountain, with the City concentrating efforts on park infrastructure and NWA Trailblazers concentrating efforts on cycling infrastructure. On April 7, 2020, City Council approved Resolution No. 114-20, authorizing Amendment 1 to the contract that allowed the City's contractor to construct certain improvements that were identified in the original contract as the responsibility of NWA Trailblazers due to the nature and location of these improvements, with reimbursement of the cost by NWA Trailblazers. On January 6, 2021, Mayor Jordan approved Amendment 2 to the NWA Trailblazers Contract to execute all utility relocation agreements required to place underground the utilities owned by Ozarks Electric Cooperative Corporation, Ozarks Go and AT&T. These above ground utility poles and lines bisect the middle of Centennial Park creating a visual eyesore due to their proximity to the key features of the mountain bike facilities that are currently under construction. They also create safety concerns of having overhead electrical lines in the vicinity where vendors and promoters will be setting up for future, World Cyclo-Cross Championship caliber events. Staff worked with the three utility companies to obtain pricing to relocate these utilities underground. Ozarks Electric and Ozarks Go have agreed to partner with the City in making a donation to reduce the overall cost of relocating the utilities underground in exchange for promotional opportunities at the World Championship events and to name some future park amenities around the planned pavilion/restroom area such as benches, picnic tables, firepit, etc. Original estimated cost to place the utility lines underground was $100,000. With the Mailing Address: www.fayetteville-ar.gov 113 W. Mountain Street Fayetteville, AR 72701 deductions or donations from Oza-ks Electric and Ozarks Go plus NWA Trailblazers commitment to paying half the cost, the City and Trailblazers will be paying around $30,000 each to place the lines underground. DISCUSSION: The existing overhead utilities lines are on a prescriptive easement that predates the City's ownership of the property. In order to locate the overhead lines underground, a recorded easement is needed with Ozarks Electric, OzarksGO and AT&T. Approximately 962 feet of the existing overhead utility line that runs through the park's center open area would be placed underground in a 25-feet utility easement. The remaining overhead utility lines running through the trees and slopes of the mountain would remain. Placing these overhead utility lines that are located in the heart of Centennial Park underground will make the park more aesthetically pleasing and safe for the World Cyclo-Cross Championship held in January of 2022, as well as more enjoyable and safe for our park users and other events. BUDGET/STAFF IMPACT: There are no budgee impacts with this request to approving the utility easement. Attachments: 1. Easement 2. Amendment #2 with NWA Trailblazers Assoc which includes Resolution 180-19 and 114-20. Parcel No. 765-14648-000 GENERAL UNDERGROUND UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto Southwestern Bell Telephone Company d/b/a AT&T Arkansas, a Delaware Corporation and Ozarks Electric Cooperative Corporation and OzarksGo, LLC, an Arkansas Limited Liability Company, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for the purpose of burying, constructing, maintaining, operating, protecting, repairing, relocating, upgrading, replacing and removing, electrical power, telephone, fiber optic cable(s) and television communication line or lines, and appurtenances thereto, under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Special Warranty Deed: 2018-008775-15f Description) A part of the NW 1/4, a part of the NE1/4 of the SW 1/4, all of the SE 1/4 of the SW 1/4 and a pail of the SW 1/4 of the SE 1/4, all in Section 18, Township 16 North, Range 30 West, and being a part of the NW 1/4 of the NE 1/4 in Section 19, Township 16 North, Range 30 West, in Washington County, Arkansas, and being described as follows; Beginning at the SE Comer of the SE 1/4 of the NW 1/4 of said Section 18, said point being the POINT OF BEGINNING, thence South 02 degrees 46 minutes 52 seconds West 1,321.02 feet, thence South 86 degrees 56 minutes 47 seconds East 876.47 feet, thence South 17 degrees 15 minutes 41 seconds East 351.25 feet, thence South 00 degrees 04 minutes 42 seconds East 744.83 feet, thence South 00 degrees 37 minutes 34 seconds West 241.10 feet, thence South 03 degrees 55 minutes 06 seconds West 88.87 feet, thence South 82 degrees 12 minutes 35 seconds West 176.00 feet, thence South 72 degrees 23 minutes 42 seconds West 128.62 feet, thence South 62 degrees 07 minutes 59 seconds West 77.45 feet; thence North 02 degrees 43 minutes 46 seconds East 203.62 feet, thence North 87 degrees 24 minutes 50 seconds West 681.74 feet, thence North 87 degrees 11 minutes 22 seconds West 1,257.55 feet, thence North 87 degrees 17 minutes-08 seconds West 65.41 feet, thence North 02 degrees 43 minutes 42 seconds East 1,342.93 feet, thence South,87 degrees 37 minutes 08 seconds East 37.26 feet, thence North 02 degrees 26 minutes 56 seconds East 1,322.47_feet, thence North 87 degrees 56 minutes 51 seconds West 328.51 feet, thence North 02 degrees 03 minutes 09 seconds East 902.75 feet; thence North 36 degrees 46 minutes 06 seconds East 416.81 feet, thence North 51 degrees 14 minutes 45 seconds West 19.39 feet, thence North 23 degrees 36 minutes 22 seconds East 313.74 feet, thence North 66 degrees 23 minutes 38 seconds West 80.09 feet, thence along a curve to the right 64.16 feet, said curve having a radius of 40.00 feet and a chord bearing and distance of North 20 degrees 26 minutes 45 seconds West 57.50 feet, thence along a curve to the right 116.37 feet, said curve having a radius of 475.00 feet and a chord bearing and distance of North 32 degrees 31 minutes 14 seconds East 116.08 feet, thence South 66 degrees 23 minutes 38 "seconds East 124.55 feet, thence along a curve to the right 1,347.16 feet, said curve having a radius of 1,275.00 feet'and a chord bearing and distance of South 36 degrees 07 minutes 29 seconds East 1,285.36 feet, thence North 84 degrees 08 minutes 41 seconds East 430.06 feet, thence South 02 degrees 57 minutes 19 seconds West 772.96 feet, to the POINT OF BEGINNING, containing 155.93 acres, more or less; subject to easements and rights of way of record PERMANENT EASEMENT DESCRIPTION: A part of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) and a part of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), of the Fractional Section Eighteen (18), Township Sixteen (16) North, Range Thirty (30) West, Fifth (51') Principle Meridian, Washington County, Arkansas, being more particularly described as a centerline of a Twenty-five (25) foot strip, 12.5 feet each side of the line whose sidelines are lengthened or shortened at the termini of said line: Commencing at a found iron pin representing the Northwest corner of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4); thence South 50°37'38" East 5.50 feet to power pole OCEE 056110 and the Point of Beginning; thence South 86'17'57" East 961.68 feet to power pole OCEE 056012 and the easterly terminus of said 25 foot strip, containing 24,042 square feet , more or less. Together with the rights, easements, and privileges in or to said lands which maybe required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such underground line or lines, electrical power, telephone and/or television lines or cables, and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. Centennial Park Gen Ut Ease Page 2 The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all lines and/or cables to a sufficient depth so as not to interfere with cultivation of soil. The Grantor agrees not to erect any buildings or structures in said permanent easement. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct or place additional underground lines, electric power lines, telephone and/or television lines or cables within the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of , 2021. City of FAyetteville, Arkansas, A mun' ' al corpoation ATTEST: `````��'' `�'�.. • I,IT Y '•F�9 �:; ion d Jorda ,May i —lie �Z 7 P" F •.r = [Seal] Kara Paxto , City Clerk Treasurer _ rTEV/LCE • z S 4sc; kANSP . •' •: Ili "ION COV'`*-" A6kNo MLE�8GMENT STATE OF ARKANSAS ) COUNTY OF WASHINGTON ss. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Kara Paxton, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk Treasurer of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of I 0 2021 %001111rr►!i., N,� P BRANs�ti���i S. •... . MY COMMISSION EXPIRES: �SS��% #,?s19 •• ��% •c� �p7AF?y�"o;v% Notary Public :2 / P.O.C. Found Iron Pin Northwest Corner SE 1/4, SW 1/4 Section 18, T-16—N, R-30—W S 50'37'38" E 5.50' POWER POLE OECC #056012 r-12.5' P.O.B. �12.5' THIS EXHIBIT IS A SKETCH DESCRIPTIVE ONLY OF THE SIZE, SHAPE AND LOCATION OF THE PROPOSED BOUNDARIES AND DOES NOT CONSTITUTE A PLAT OR SURVEY OF THE GRANTOR'S PROPERTY. 765-14611-000 CITY OF FAYETTEVILLE NE,SW 18-16-30 40—ACRE LINE S 86017'57" E 961.68' 765-14646-000 CITY OF FAYETTEVILLE SE,SW 18-16-30 WIDE UTILITY SPECIFIC EASEMENT —24,042 Sq. Ft. k. Not to Scale POWER POLE OECC #056012 CENTERLINE OF 25' WIDE UTILITY SPECIFIC EASEMENT EXHIBIT JAN. 2021 UTILITY SPECIFIC EASEMENT FOR CITY OF FAYETTEVILLE City of Fayetteville Staff Review Form 2021-0007 Legistar File ID NA City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Bentonville/Bella Vista Trailblazer's Association, Inc. Amendment No. 2 Byron Humphry 1/4/2021 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the Mayor's approval and signature of Amendment No.2 to the contract between the City of Fayetteville and Bentonville/Bella Vista Trailblazer's Association, Inc. Parks and NWATrailblazers will each be paying half of the total cost to bury the utility lines underground from their contingency fund provided in the Crossland Heavy Equipment contract. 4601.860.7501-5806.00 4605.860.7501-5806.00 Account Number 46050.7501 Project Number Budget Impact: 4601- Bond Program Grant Matching 4605 - Parks Project 2019 Bonds Fund Centennial Park Project Title Budgeted Item? Yes Current Budget $ 3,857,074.00 Funds Obligated $ 3,375,926.61 Current Balance $ 481,147.39 Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ 481,147.39 Purchase Order Number: ?020-00000042 Crossland Heav Previous Ordinance or Resolution #t 18b-19`114--20" , Change Order Number: Original Contract Number: 2020-00000030 Crossland Heavy Comments: Approval Date: 1/6/2021 CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Byron Humphry DATE: January 4, 2021 STAFF MEMO SUBJECT: Approval of Amendment No.2 to the contract between the City of Fayetteville and Bentonville/Bella Vista Trailblazer's Association, Inc. RECOMMENDATION: Staff recommends the Mayor's approval and signature of Amendment No.2 to the contract between the City of Fayetteville and Bentonville/Bella Vista Trailblazer's Association, Inc. BACKGROUND: On August 6, 2019, City Council approved Resolution No. 180-19 authorizing a cost share agreement with NWA Trailblazers for construction of phase one improvements identified in the master plan for Centennial Park at Millsap Mountain, with the City concentrating efforts on park infrastructure and NWA Trailblazers concentrating efforts on cycling infrastructure. On April 7, 2020, City Council approved Resolution No. 114-20, authorizing Amendment No. 1 to the contract that allowed the City's contractor to construct certain improvements that were identified in the original contract as the responsibility of NWA Trailblazers due to the nature and location of these improvements, with reimbursement of the cost by NWA Trailblazers. DISCUSSION: There are utility poles bisecting the middle of Centennial Park that contain Ozark Electric, Ozarks Go, and AT&T utility lines. These poles and lines create a visual eyesore due to their proximity to the key features of the mountain bike facilities that are currently under construction. They also create safety concerns of having overhead electrical lines in the vicinity where vendors and promoters will be setting up for future, World Championship caliber events. Staff has worked with the three utility companies to obtain pricing to relocate these utilities underground. Ozarks Electric and Ozarks Go have also agreed to partner with the City in making a donation to reduce the overall cost of relocating the utilities underground in exchange for promotional opportunities at the World Championship events and to name some future park amenities around the planned pavilion/restroom area such as benches, picnic tables, firepit, etc. Staff has also received a commitment from the NWA Trailblazers to pay for 50% of the actual cost to the City. The Park's portion of the funding estimated at $29,723 would come from the $53,061 remaining in the contingency fund for this project. This amendment to the existing Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 contract between the City of Fayetteville and NWA Trailblazers will allow the Trailblazers to expedite the placement of the utilities underground on the City's behalf to accommodate the tight construction schedule. BUDGET/STAFF IMPACT: The total cost to relocate all three utilities is estimated at $59, 445.11. The cost for AT&T to relocate their utility is $23,445.61; Ozarks Go is $3,850.00, which includes a $3,000 donation; and Ozarks Electric is $32,149.57, which includes a $25,000 donation. Through this amendment, the NWA Trailblazers will execute all the utility relocation agreements, promptly pay invoices to relocate the utility lines underground, and reduce their payment to the City as agreed to in Amendment No. 1 by an amount equal to half of the total cost of undergrounding the utility lines. Attachments: Amendment No. 2 AT&T estimate Ozarks Electric estimate Ozarks Go estimate Resolution 180-19 Resolution 114-20 AMENDMENT NO.2 TO THE CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND This Amendment No. 2, made and entered into on this 49"day o � 2021, by and 6 between the City of Fayetteville, Arkansas ("City") and Bentonville/Bella Visc Trailblazer's Association, Inc. ("NWA Trailblazers"), witnesseth: WHEREAS, on August 6, 2019, the Fayetteville City Council approved Resolution No. 180-19 authorizing a cost share agreement with NWA Trailblazers for construction of phase one improvements identified in the master plan for Centennial Park at Millsap Mountain, with the City concentrating efforts on park infrastructure and NWA Trailblazers concentrating efforts on cycling infrastructure; and WHEREAS, on April 7, 2020, the City Council approved Resolution 114-20, authorizing Amendment No. 1 to the contract that allowed the City's contractor to construct certain improvements that were the identified in the original contract as the responsibility of NWA Trailblazers due to the nature and location of these improvements, with reimbursement of the cost by NWA Trailblazers; and WHEREAS, the City has identified certain above -ground utilities that need to be relocated underground in order to improve the safety, aesthetics, and functionality of the park. NOW, THEREFORE, the City of Fayetteville, Arkansas and NWA Trailblazers agree to further amend their Contract as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Offset the reimbursement agreed to by NWA Trailblazers in Amendment No. 1 by an amount equal to half of the total cost of undergrounding the utility lines owned by AT&T, Ozarks Electric Cooperative Corporation, and Ozarks Go within the existing utility easement on the City's property. The estimated cost of relocations is attached hereto as Exhibit A. 2. NWA Trailblazers agrees to: A_ Execute all utility relocation agreements required to underground the utilities owned by AT&T, Ozarks Electric Cooperative Corporation, and Ozarks Go. B. Promptly pay invoices submitted for work completed to relocate their utility lines underground. C. Reduce its payment to the City agreed to in Amendment No. 1 by an amount equal to half of the total cost of undergrounding the utility lines. Pagel of 3 IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: BENTONVILLEBELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. By: (ui iPuaii�: �- ERIN RUSHING, 6rector CITY OF FAYETTEVILLE, ATTEST: By: y0 KARA PAX O , City ClerE Fq yc .• o �i�'G' • • ... � icy �� Page 2 of 3 EXHIBIT A Utility Relocation Cost Estimates AT&T: $231445.61 Ozarks Go (including a $3,000 Donation): $3,850.00 Ozarks Electric (in cIudin<, $25.000 Donation): $32.149.57 Total Estimated Cost: $59,445.11 Page 3 of 3 ozarks H-ECTRIC COOPERATIVE � December 16th, 2020 Mr. Byron Humphry 1455 S. Happy Hollow Road Fayetteville, AR 72701 Dear Mr. Humphry: Here is a breakdown of the cost to relocate the existing three phase overhead line to three phase underground at the Centennial Park on MiIIsap Mountain. New Materials. Wire $10,693.04 Conduit $8,999.95 Assemblies $22,270.59 Trenching $4,964.23 New Labor $9,518.60 Retirement Labor $703.16 Park Sponsorship (N25.O00) revis;r n ul)r)J•rn call'(/- I ut .Sru;•h) -n,{,rlt /2-20-2020 Total S'12.14,-,.-;,. If you have any questions feel free to contact me, at 1-479-684-4658 or wdick@.ozarksecc.coln. Sincerely, William Dick Staking Supervisor PO Box 848 1 Fayetteville. AR 72702 1 800,521.6144 1 wwvr.ozarkserc,com ozarks:00 n go 12/16/2020 revised 1-4-2021 Centennial Park line move Mr. Byron Humphrey 1455 S. Happy Hollow Road Fayetteville, AR 72701 Dear Mr. Humphrey: am including below an itemized list of prices for moving the existing aerial fiber optic line to underground at Centennial Park on Millsap Mountain. New materials: 48 count fiber- $370.00 Fusion splicing- $2,880.00 Splice Enclosures- $232.00 1 % roll pipe- $359.00 Risers- $300.00 Labor- $3,541.00 Subtotal: $7,700.00 Park Sponsorship: ($3,850.00) Revision approved per Steve Bondy 1-4-2021 Total: $3,850.00 If you have any questions you can call me anytime at 479-287-6793 or email dtaylor@ozarksgo.net Sincerely, Devin Taylor Operations Coordinator OzarksGo POEox 1363 1 FTyCIte'�v!ua.,aa 722:Q= 1':'i=;;a <#S Ui'• v,.,:; ,:!L ;t;i: r.et! fl .. 4 - at&t CWOTS # 207054 Page 1 of 4 LETTER OF AGREEMENT FOR CUSTOM WORK December 30, 2020 CWOTS Number: 207054 Customer Billing Telephone Number: SPECIAL BILL TO: BENTONVILLE/BELLA VISTA TRAILBLAZERS ASSOCIATION, INC. P.O. BOX 2821 BENTONVILLE, AR 72712 WORK SITE LOCATION: 500 CENTENNIAL PARK LANE, FAYETTEVILLE, AR 72704 DESCRIPTION OF CUSTOM WORK: REVISION REQUEST FOR NEW ESTIMATE OF COST. LOWER 1,000 FEET OF AERIAL FIBER TO THE GROUND, PLACE 1,000 FEET OF 2 INCH (DUCT, PULL IN 1,350 FEET OF 24 FIBER CABLE, MAKE CUT AROUND SPLICES, SET 2 ANCHORS, 2 GUY WIRES, PLACE 2 RISERS AND 2 SPLICE VAULTS (HANDHOLES). COST INCLUDES ALL ASSOCIATED ENGINEERING, SPLICING, TESTING, AND CONTRACTOR CHARGES/LABOR. IF ACTUAL CONTRACTOR BID EXCEEDS ORIGINAL ESTIMATE, CONTRACT WILL BE UPDATED FOR THE ADDITIONAL COST. ESTIMATED CONTRACTOR LABOR: $ 8,943.78 ESTIMATED AT&T LABOR: $ 12,636.63 ESTIMATED MATERIALS: $ 1,865.20 CHARGE FOR CUSTOM WORK: ESTIMATED COST: $ 23,445.61 (Actual charges may exceed this estimated cost) Applicant requests that Southwestern Bell Telephone Company d/b/a AT&T Arkansas (hereafter "AT&T Arkansas") act as its agent in performing the above -described custom work on Applicant's behalf. Applicant agrees to pay the charge(s) for such work. The work is to be done on an "Actual Cost" basis, all charge(s) will be computed in accordance with AT&T Arkansas ordinary accounting practices under the Uniform System of Accounts for Class A telephone companies and will include allocated costs for labor, engineering, materials, transportation, motor vehicles, tool and supply expenses and sundry billings from sub -contractors and suppliers for work and materials related to the job. The Applicant affirms that the cost estimate furnished by the Telephone Company has been considered only as an estimate of approximate costs and that the actual costs incurred by the Telephone Company in doing the work at the particular time and location might be higher. Said estimated cost is subject to change due to any number of factors including, but not limited to, changing conditions in the field, weather delays, or changes in the scope of the work. CHANGE ORDERS Should concealed conditions exist, including conditions that may exist below the surface of the ground, or if conditions exist that could not have been anticipated by AT&T Arkansas at the time of this agreement, AT&T Arkansas, will be entitled to additional funds and/or additional time to complete the work. AT&T Arkansas will request such additional funding and/or additional time through a request for a change order. Should Applicant or its agents, servants, or employees order or seek changes in the scope of the work, AT&T Arkansas is entitled to seek from Applicant, its agents, servants, or employees, additional funds as necessary to perform the work, and additional time, as necessary to complete the work. Said request for additional funds and/or additional time will be through change order. Applicant shall pay for the work on an "Actual Cost" basis. Upon completion of the work, AT&T will compute the actual cost of the work. Any difference between the amount of advance payment and the actual cost will be either paid by the Applicant to AT&T or refunded to Applicant by AT&T as the case may be. aW CWOTS #: 207054 Page 2 of 4 All change orders will be in writing. All change orders will be submitted and accepted by Applicant, its agents, servants or employees, before AT&T Arkansas, proceeds to execute the work or, if work has been initiated on the project, continues with executing the work except in an emergency endangering life or property. Applicant, its agents, servants or employees, are deemed to have accepted the terms of any change order by signing where indicated on the change order. Under no circumstances will AT&T Arkansas request for a change order be deemed or used as evidence of delay on the project. Nor will any change order issued in this project be used to charge AT&T Arkansas with responsibility for any alleged delay on the project. NO DAMAGE FOR DELAY Under no circumstances will AT&T Arkansas be held liable to Applicant, Applicant's agents, employees or contractors, for any alleged delay on the project that forms the basis for this custom work order. TIME TO COMPLETE Any representation by AT&T Arkansas, its agents, servants or employees that the project, or any additional work authorized by change order, will be complete by a certain date or certain time period is strictly an estimate and not binding on AT&T Arkansas, its agents, servants, or employees. All estimated completion dates are subject to changing conditions in the field, changes in the scope of the work, relocation of existing utilities not within AT&T Arkansas control, Acts of God, weather delays, labor disputes, vendor/contractor disputes, and other conditions or circumstances that AT&T Arkansas, its agents, servants, or employees, could not reasonably anticipate at the time of the estimate. PAYMENT Applicant agrees to make an advance payment of $ 23,445.61 prior to commencement of the work. Applicable charges for Custom Work will be billed on a special bill separate from the bill that Applicant receives for telephone service. Applicant, its agents, servants, or employees agree to make payment on change orders within thirty (30) days of the date of signature on the change order. Failure to make payment within the designated thirty (30) daytime period will operate to cancel the change order and AT&T Arkansas, will cease all work activity on the project until payment is made. When the Parties agree to Interval Billing', the balance of the Contract Price or Actual Cost (as applicable) will be made in monthly payments. If the Actual Cost made varies from the Estimated Cost, then a correcting adjustment will be made in the last payment. If the parties cannot agree to Interval Billing, Applicant will make an advanced payment as indicated above. "Applicable to orders over $25,000 and work will take 6 or more months to complete. CANCELLATION If the Applicant cancels the work prior to completion, Applicant must notify AT&T Arkansas, in writing of said cancellation. If Applicant elects to cancel the work prior to completion, Applicant agrees to pay AT&T Arkansas, for the costs it has incurred in starting performance under the contract. If Applicant has made an advance payment, AT&T Arkansas will deduct its costs and expenses incurred as of the date of Applicant's notice of cancellation from the amount of the advance payment. Any amount remaining will be refunded to Applicant. aW CWOTS #: 207054 Page 3 of 4 ESTIMATED PRICE QUOTE The above estimated price is guaranteed for 60 days from December 30, 2020. If the charges are not accepted within 60 days the order will be cancelled, and a new order will need to be placed. The second estimate may be higher than the estimated price set out above. STOP WORK ORDER In the event that Applicant issues a stop work order, or places the project "on hold", at any point during the progress of the work, said stop work order or request to "hold" work must be issued in writing and must be delivered via certfed mail, return receipt requested to Michelle Louvier, 1010 Pine Street, 20E-A-03, St. Louis, MO 63101. If Applicant issues a stop work order, or a request to "hold" work, the contract price quoted herein will remain valid until sixty (60) days from the date of the stop work or "hold" work order. At the expiration of the sixty (60) days, the contract price quoted herein will expire and a new contract price will be determined and provided, in writing, to Applicant. The new contract price may be higher than the contract price quoted in this custom work order. If, after issuing a stop work, or "hold" work order, Applicant elects to cancel the contract, Applicant must inform AT&T Arkansas, in writing of the cancellation. AT&T Arkansas will deduct any expenses incurred in performing the work from Applicant's advance payment and refund any remaining funds to Applicant. Under no circumstances will AT&T Arkansas, be responsible to Applicant for any alleged damages or additional expenses incurred by Applicant as a result of a stop work order or an order to "hold" work on the project. CHOICE OF LAW AND ARBITRATION Should any dispute arise between the parties concerning the subject matter of this agreement, or any term contained therein, the parties agree that the dispute or claim shall be submitted to binding arbitration before the American Arbitration Association. The parties further agree that the prevailing party in any such dispute will be entitled to recover attorney's fees and costs of arbitration. Arkansas law governs the application of this agreement and all terms contained therein. INDEMNIFICATION AND HOLD HARMLESS Applicant, its agents, servants, and employees hereby agree to indemnify and hold harmless AT&T Arkansas, and its employees, agents and contractors, from and against any and all claims, costs, expenses, judgments or actions for damage to property or injury or death to persons, and/or arising from or relating to the work that is the subject of this agreement, to the extent any such claims are caused by the negligent acts or omissions of the Applicant, its agents, servants, or employees. ENTIRE AGREEMENT The parties agree that the terms set forth herein constitute the entire agreement and there are no other agreements regarding the project that is the subject of this agreement between the parties. at&t MOTS #: 207054 Page 4 of 4 MODIFICATION & NOTICE Any modification to this agreement must be made in writing and signed by both parties. Any party to this agreement may provide the other party with notice of any fact or condition by providing such information in writing and serving said writing via certified mail, return receipt requested. CHARGE FOR CUSTOM WORK: ESTIMATED COST: $ 23,445.61 . (Actual charges may exceed this estimated cost) ACCEPTED FOR CUSTOMER: �r,�afluu�- Authorized Signature R. Erin Rushing Printed Name NWA Trailblazers Company 479-231-1365 Phone Number Date: 12-30-20 MAIL TO - AT&T - CWOTS DEPARTMENT 800-983-3233 PLEASE INCLUDE YOUR CWOTS NUMBER 207054 ON YOUR CHECK PROPRIETARY - NO'I TO BF DISCLOSED "XITSIDIF r1 r&.'I AND/OR AFFILIATE CONIPA\Y L\CEI'T FOR .3RD PARVILS RF.QUI STING DETAIL OI CHARc;1=.S BILLED TO •TI IFi,\•I FOR cUSTONI WORK "'!' at&t BILLING INVOICE December 30, 2020 INVOICE / CWOT # 207054 BILL TO: BENTONVILLE/BELLA VISTA TRAILBLAZERS ASSOCIATION, INC. P.O. BOX 2821 BENTONVILLE, AR 72712 WORK SITE LOCATION: 500 CENTENNIAL PARK LANE, FAYETTEVILLE, AR 72704 DESCRIPTION OF CUSTOM WORK: REVISION REQUEST FOR NEW ESTIMATE OF COST. LOWER 1,000 FEET OF AERIAL FIBER TO THE GROUND, PLACE 1,000 FEET OF 2 INCH (DUCT, PULL IN 1,350 FEET OF 24 FIBER CABLE, MAKE CUT AROUND SPLICES, SET 2 ANCHORS, 2 GUY WIRES, PLACE 2 RISERS AND 2 SPLICE VAULTS (HANDHOLES). COST INCLUDES ALL ASSOCIATED ENGINEERING, SPLICING, TESTING, AND CONTRACTOR CHARGES/LABOR. IF ACTUAL CONTRACTOR BID EXCEEDS ORIGINAL ESTIMATE, CONTRACT WILL BE UPDATED FOR THE ADDITIONAL COST. ESTIMATED CONTRACTOR LABOR: $ 8,943.78 ESTIMATED AT&T LABOR: $ 12,636.63 ESTIMATED MATERIALS: $ 1,865.20 CHARGE FOR CUSTOM WORK: ESTIMATED COST: $ 23,445.61 (Actual charges may exceed this estimated cost) SEND PAYMENT TO: AT&T - Central South CWO ATTN: Kristy Aylor 220 Wisconsin Avenue Waukesha, WI 53186 Accepted methods of payment include — ACH transfer or check. To ensure proper credit, please include your CWOTS number 207054 on your check. THANK YOU t I1 113 West Mountain Street Fayetteville. AR 72701 I (479) 575-8323 Resolution: 180-19 File Number: 2019-0447 NWA TRAILBLAZERS: A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVI LL E/B ELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. DB/A NWA TRAILBLAZERS FOR THE DESIGN AND CONSTRUCTION OF PHASE I OF THE SOFT SURFACE CYCLING INFRASTRUCTURE FOR CENTENNIAL PARK AT MILLSAP MOUNTAIN WHEREAS. in early 2018 the City of Fayetteville accepted a grant from the Walton Family Foundation, Inc. to purchase approximately 228 acres known as "Centennial Park at Millsap Mountain" for development and expansion of a soft surface trails system for competitive and general recreation opportunities; and WHEREAS, the NWA Trailblazers in coordination with the City and the public developed a master plan for Centennial Park at Millsap Mountain which was approved by the Fayetteville City Council on June 4, 2019; and WHEREAS, after it was announced Fayetteville would host 2022 World Cyclocross Championship, the City and the NWA Trailblazers have proposed combining efforts for construction of Phase 1 of the master plan, with the City concentrating efforts on park infrastructure and the Trailblazers concentrating on construction of the soft surface cycling infrastructure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville. Arkansas hereby authorizes Mayor Jordan Page 1 Printed on &7/19 File Number. 2019-0447 Resolution 180-19 to sign a contract with NWA Trailblazers for the design and construction of the soft surface cycling infrastructure for Centennial Park at Millsap Mountain, pursuant to Phase 1 of the master plan, at no cost to the City. PASSED and APPROVED on 8/6/2019 1wtFrrC IL �qtw H••�'�� 113 West Mountain Street Fayetteville AR 72701 (479) 575-8323 Resolution: 125-18 File Number: 2018-0278 CENTENNIAL OPEN SPACE: A RESOLUTION TO ACKNOWLEDGE'rHE CITY COUNCIL'S CONTRACTUAL OBLIGATION AND INTENT TO MAINTAIN THE 228 ACRE CENTENNIAL OPEN SPACE AS PUBLIC RECREATION LAND IN PERPETUITY WHEREAS, the City of Fayetteville, with significant financial assistance from the Walton Family Foundation in the form of a 50/50 matching grant and a no interest five-year loan, purchased 228 acres of land near 1-49 and Martin Luther King., Jr. Boulevard: and WHEREAS, the grant agreement with the Walton Family Foundation requires the City to "pennartently place the 228 acres in the public domain and preserve the land as greenspace/open space in perpetuity, sufficiently allowing for natural surface and greenway trail development and other open space amenities typical for a park or open space." NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby acknowledges the City of Fayetteville's contractual duty and intent to maintain the 228 acres known as the Centennial Open Space in the public domain and preserve the land as greenspace/open space in perpetuity with the expectation that the property will be used for natural surface and greenway trail development and other amenities typical for a park or open space. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to provide to the Walton Family Foundation a proposed master plan for the property to ensure that the plan appropriately preserves, protects and maintains the property, including trails, park amenities, and reserved natural areas, in accordance with the grant agreement. Page t Printed on 615118 Resolution: 125-18 File Number 2018-0278 PASSED and APPROVED on 6/5/2018 i Attest: v Sondra E. Smith, City Clerk T ;rartiitvILLt: Page 2 Pr/ntod on &5118 i ! 3 West Mountain Street Fayettevdle, Aft 72701 (47 )) 575.8323 Resolution: 64-18 File Number: 2018-0105 CENTENNIAL OPEN SPACE ACQUISITION: A RESOLUTION TO APPROVE THE ATTACHED RL?AL ESTATE CONTRACT IN WHICH CENTENNIAL BANK AGREES TO SELL. AND CONVEY TO THE CITY OF FAYETTEVILLE APPROXIMATELY 228 ACRES PURSUANT TO A SPECIAI. WARRANTY DEED FOR $3,302,250.00, TO AUTHORIZE MAYOR JORDAN TO APPI.Y FOR .AND ACCEPT A GENEROUS 50/50 MATCHING GRANT FROM TIME WAL T'ON FAMILY FOUNDATION FOR THIS ACQUISITION, TO AUTHORIZE MAYOR JORDANTO ENTER INTO A NO INTERF.STFIVt. YEAR LOAN FROM THE WALTON FAMILY FOUNDATION IN THE. AMOUNT OF SI,651,125.00 AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, the Walton Family Foundation has gencrously offered the City of Fayetteville a 50/50 matching grant to assist the City to obtain parcels of land containing about 228 acres known as portions of Mountain Ranch; and WHEREAS, Centauuial Bank has agreed to self nd convey marketable title to these parcels for a total sale price of 33,302,250.00; and WHEREAS, these parcels will be primarily used as parkland for mountain biking and hiking trails and accessory uses with efforts to eventually cunneci these parcels to Kessler Mountain Regional Park and possibly other city property to both prc,erve much of the nahn'aI scenic beauty of these areas and to create an unsurpassed mountain biking destination and experience. NOW, THEREFORE, BE IT RESOLVED BY THE, CITY COUNCIL OF THE. CITY OF FAYF.TTEVILT,E, ARKANSAS: Section I. That the City Council of the City of Fay;alcville, Arkan.Qs hereby approves the attached Real Estate Contract with Centennial Bank tip purchase about 228 acres fora price of 53,302,250.00 and authurizes Mayor 1urdan to sign this Contract. Pay. t Printed an 2121/18 Resolution: 64-1 B Re NumAor 201R.0105 3ectiun'2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to apply for and accept a generous 50/50 matching grant from the Walton Family Foundation to enable the City to afford to acquire these 228 acres by furnishing about $ 1,66 1,215.00 of the purchase price. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a no interest loan in the amount of about 51,6511,125 00 from the Walton Family Foundation to be paid back within five (5) years with the first $275,187.50 payment due upon closing of the property and authorizes Mayor Jordan to execute all necessary documents for this loan. Section 4. That the City Couocil of the City of Fayetteville, Arkansas hereby approves an attached budget adjustment necessary for accepting the grant and paying for the purchase of these 228 acres. PASSED and APPROVED on 2/20/2013 Approved: Lioncld Jordan, 91P Attest: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 140-19 File Number: 2019-0305 CENTENNIAL PARK CONCEPTUAL hIASTER PLAN: A RESOLUTION TO APPROVE AND ADOPT TILE CENTENNIAL PARK AT MILLSAP MOUNTAIN CONCEPTUAL MASTER PLAN CREATED BY NWA TRAILBLAZERS, CEI ENGINEERING ASSOCIATES, INC., AND CITY OF FAYE-17EVILLE STAFF WHEREAS, on February 20, 2018, the City Council accepted a generous 50i50 matching grant from the Walton Family Foundation to purchase 288 acres of property west of 1-49 on Millsap Mountain to be "used as parkland for mountain biking and hiking trails and accessory uses", to provide connections for residents and visitors to Kessler Mountain Regional Park and other parks and City property, and to preserve the natural scenic beauty of the area; and WHEREAS, staff from the Mavor's Office, Parks and Recreation Department, Engineering Division, Trail Coordination Division, and Transportation Department worked with the NWA Trailblazers and CEI Engineering Associates, Inc. to develop the proposed Conceptual Master Plan of Centennial Park at Millsap Mountain, which envisions a cycling -activated park with state of the art cyclo-cross and mountain biking courses; and WHEREAS, the master plan was unanimously approved by the Parks and Recreation Advisory Board on May 6, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves and adopts the Centennial Park at Millsap Mountain Conceptual Master Plan created by NWA Trailblazers, CEI Engineering Associates, Inc. and City of Fayetteville staff, a copy of which is attached to this Page 1 Printed on W19 Fife Number 2019-0305 Resolution. PASSED and APPROVED on 6/4/2019 Attest: Sondra E. Smith, City Clerk Treist`p!4RK�i F4Y �r�+ =s� EfVIt! f.M=. q NSA,. ��'�ii� 'dN' CO�````�� 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Resolution: 114-20 File Number: 2020-0258 TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS: A RESOLUTION TO APPROVE AMENDMENT NO. I TO THE CONTRACT WITH BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS IN THE AMOUNT OF $674,281.00 FOR THE CONSTRUCTION OF THE START/FINISH AREA AND OTHER IMPROVEMENTS WITHIN CENTENNIAL PARK, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 1 to the contract with Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers in the amount of $674,281.00 for the construction of the start/finish area and other improvements within Centennial Park. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 4/7/2020 Attest: CIA Kara Paxton, City Clerk Treasures 'l, �rllll U I1111�```` Page 1 Primed on 4WO