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HomeMy WebLinkAbout40-01 RESOLUTION1' RESOLUTION NO. 40-01 A RESOLUTION IN SUPPORT OF GRANT MONEY FOR USE BY THE PARKS AND TRAILS COMMITTEE WHEREAS, The City Parks and Recreation Divison with concurrence of the Parks and Recreation Advisory Board desires to apply for an $80,000.00 grant from the Arkansas Recreation Trails Fund, and; WHEREAS, the City Parks and Recreation Division will supply the necessary matching funds up to $20,000.00 from its 2001 Parks and Recreation Capital Improvement Budget; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council supports the trail project and the grant request by the Parks and Recreational Divison and authorizes the expenditure of up to $20,000.00 from the 2001 Parks and Recreation Capital Improvement Budget as a 20% share of the project's cost. Section 2. That the City Council's support for this project and grant request shall be communicated to the Arkansas State Highway and Transportation Department. PASSED AND APPROVED this day of March, 2001. By: Heather Woodruff, City Clerk By: APPROVED: • NAME OF FILE: CROSS REFERENCE: Resolution No. 40-01 • 03/20/01 Resolution No. 40-01 03/09/01 Departmental Correspondence to Mayor Coody & Staff, thru Connie Edmonston, Parks & Rec. Superintendent, from Eric J. Schuldt, Parks & Res. Coordinator 03/21/01 Contract for Landscape Architectural Services (City of Fayetteville - Recreational Trails Fund Grant Application - 2001) 12/22/00 Copy of letter to Mayor Coody from Dan Flowers, Director of Highways and Transportation, Arkansas State Highway Commission Copy of Arkansas Recreation Trails Fund - FY 2001 Funds 03/21/01 Staff Review Form 03/05/01 Staff Review Form 04/03/01 Memo to Eric Schuldt, Parks & Recreation, from Heather Woodruff, City Clerk 04/03/01 Memo to Eric Schuldt, Parks & Recreation, from Heather Woodruff, City Clerk, regarding Eastin Outdoors. NOTES: FAYETTEVOLLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Thru: From: Date: Re: Mayor Dan Coody and Staff Connie Edmonston. Parks and Recreation SuperintenJen Eric J. chuldt, Parks Development Coordinator March 9, 2001 Contract Please review the contract with Eastin Outdoors Inc.. for professional services to prepare the 2001 Recreational Trails Grant materials for the City of Fayetteville. The contract also includes working with staff to provide a site analysis, recommendations, and a conceptual plan for the Lake Fayetteville trail project. A resolution giving authority for the Parks and Recreation Division to apply for the Recreational Trails Grant is on the March 20, 2001 City Council agenda. Parks staff will wait until after the March 20' meeting to execute this contract. Thank you for your input. i• CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES City of Fayetteville - Recreational Trails Fund Grant Application —2001 Agreement made this /%%Z/ , 2001, between the City of Fayetteville, legal representatives of a municipal corporation of the State of Arkansas, herein referred to as "City" and Ken Eastin, d/b/a Eastin Outdoors, Inc., 2033 S. Ashwood, Fayetteville, Arkansas 72210, herein referred to as "Consultant". Pursuant to Ark. Code Ann. § 19-11-805 the City and the Consultant have jointly prepared a detailed, written description of the scope of proposed services and attached said description hereto as Exhibit A and incorporate said description herein by references as if set forth word for word. For the consideration set forth herein, the parties agree as follows: 1. Consultant being the firm selected, through negotiation, by the City, shall provide to the City the services set forth on Exhibit A hereto: 2. The City shall pay the Consultant the price and amount set forth on Exhibit A hereto. 3. In addition to paying the amount set forth on Exhibit B hereto, the City shall designate representatives who are authorized to make decisions on the City's behalf when requested to do so by the Consultant. 4. Terms of Payment. Billings will be based upon percentage of completion of project with completion of the project occurring upon submission of grant package to the appropriate agencies upon approval by the City. 5. Assignment. Neither party to this agreement shall transfer, sublet or assign any rights under or interest in this agreement without the prior written consent of the other party. 6. Delegation of Duties. Neither party to this agreement shall delegate any of its duties hereunder without prior written consent of the other party. 7. Attorney's Fees. In the event of any disagreements arising from, or relating to, the services provided under this instrument, both parties (City and Consultant) agree to mediation by an unbiased arbitrator as a binding measure to settle the dispute. Ca Eastin Outdoors City of Fayetteville, Arkansas Contract for Landipe Architectural Services Page 2 of 3 8. Entire Agreement. This agreement comprises the final and complete agreement between the City and the Consultant. It supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter of this agreement. Amendments, alterations, modifications, or other changes to this agreement shall not be binding unless made in writing by both the City and the Consultant. 9. Force majeure. This agreement shall be inoperative during such period of time as delivery or except may be rendered impossible by reason of fire, strike, act of God, government regulations, or other cause beyond the control of either party. 10. Changed Conditions. The City may at any time, by written order, make changes within the general scope of this contract. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made to the Contract amount. Changes, modifications, or amendments shall not be allowed without a formal contract amendment approved by the mayor or city council in advance of the changes. Should the Consultant call for contract renegotiation, the Consultant shall identify the changed conditions necessitating renegotiation and the Consultant and the City shall promptly and in good faith enter into renegotiation of this instrument. Should the City determine that the changed conditions are not in the best interest of the City, then the original contract shall remain in full force and effect. 12. Endorsement. The Consultant shall endorse and recommend all plans, specifications, estimates, and landscape architecture data furnished. 13. Hold Harmless. The Consultant shall hold harmless the city from all claims of liability due to the Consultant's activities during the time this contract is in force 13. Choice of Law. This contract shall be interpreted by the laws of the State of Arkansas. In witness whereof, the parties have executed this agreement at Fayetteville, Arkansas (City), and Eastin Outdoors, Inc. (Consultant), the date and year first above written. )1)&1 .1( () 00 n tastin, President, Dan Coody, Mayor Eastin Outdoors, Inc. City of Fayetteville, Ark 0 Eastin Outdoors City of Fayetteville, Arkansas Contract for Lar ape Architectural Services Page 3of3 EXHIBIT A SCOPE OF SERVICES The purpose of this project is to prepare, submit, and publicly support one parks and recreation grant application. It shall be submitted to the Arkansas Highway Department, Planning and Research Division (Arkansas Recreational Trails Fund). Services include and are limited to the following: Arkansas Highway Department, Planning & Research Division (Arkansas Recreational Trails Fund) grant application 1. Preparation of Grant Application a. Collaborate with City of Fayetteville Parks and Recreation Department officials to determine site, scope of project, grant funding request, and budget categories. This includes site analysis, recommendations, and development of conceptual plan based on previous site plans provided by the City of Fayetteville. b. Obtain environmental clearances from appropriate state agencies including the State Historic Preservation Officer. c. Prepare text addressing each informational question on the application including budget categories. d. Compile and submit 12 copies of completed application to the grantor on or before May 11, 2001. e. Though it is not required as part of the application, if the City of Fayetteville Parks and Recreation Department decides to conduct a public hearing apprising special interest groups of the grant application, Eastin Outdoors, Inc. will attend and provide information/technical assistance in answering public inquiries regarding the application. Fee for Services $3,000.000 Eastin Outdoors • Contract for Landfie Architectural Services City of Fayetteville, Arkansas Page 2 of 3 8. Entire Agreement. This agreement comprises the final and complete agreement between the City and the Consultant. It supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter of this agreement. Amendments, alterations, modifications, or other changes to this agreement shall not be binding unless made in writing by both the City and the Consultant. 9. Force majeure. This agreement shall be inoperative during such period of time as delivery or except may be rendered impossible by reason of fire, strike, act of God, government regulations, or other cause beyond the control of either party. 10. Changed Conditions. The City may at any time, by written order, make changes within the general scope of this contract. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made to the Contract amount. Changes, modifications, or amendments shall not be allowed without a formal contract amendment approved by the mayor or city council in advance of the changes. Should the Consultant call for contract renegotiation, the Consultant shall identify the changed conditions necessitating renegotiation and the Consultant and the City shall promptly and in good faith enter into renegotiation of this instrument. Should the City determine that the changed conditions are not in the best interest of the City, then the original contract shall remain in full force and effect. 12. Endorsement. The Consultant shall endorse and recommend all plans, specifications, estimates, and landscape architecture data furnished. 13. Hold Harmless. The Consultant shall hold harmless the city from all claims of liability due to the Consultant's activities during the time this contract is in force. 13. Choice of Law. This contract shall be interpreted by the laws of the State of Arkansas. In witness whereof, the parties have executed this agreement at Fayetteville, Arkansas (City), and Eastin Outdoors, Inc. (Consultant), the date and year first above written. ZaAA g K/n F.astin, President, Dan Coody, Mayor Eastin Outdoors, Inc. Ci tY of FaY etteville Ark3neas Eastin Outdoors • Contract for Lane Architectural Services City of Fayetteville, Arkansas Page 3 of 3 EXHIBIT A SCOPE OF SERVICES The purpose of this project is to prepare, submit, and publicly support one parks and recreation grant application. It shall be submitted to the Arkansas Highway Department, Planning and Research Division (Arkansas Recreational Trails Fund). Services include and are limited to the following: Arkansas Highway Department, Planning & Research Division (Arkansas Recreational Trails Fund) grant application 1. Preparation of Grant Application a. Collaborate with City of Fayetteville Parks and Recreation Department officials to determine site, scope of project, grant funding request, and budget categories. This includes site analysis, recommendations, and development of conceptual plan based on previous site plans provided by the City of Fayetteville. b. Obtain environmental clearances from appropriate state agencies including the State Historic Preservation Officer. c. Prepare text addressing each informational question on the application including budget categories. d. Compile and submit 12 copies of completed application to the grantor on or before May 11, 2001. e. Though it is not required as part of the application, if the City of Fayetteville Parks and Recreation Department decides to conduct a public hearing apprising special interest groups of the grant application, Eastin Outdoors, Inc. will attend and provide information/technical assistance in answering public inquiries regarding the application. Fee for Services $3,000.000 ARKANSAS STATE HIGHWAY COMMISSON JOHN 'Ms LIPTON, CHAIRMAN WARREN J.W. 'BUDDY' BENAFIELD, VICE CHAIRMAN HICKORY PLAINS MARY P. 'PRISSY' NICKERSON TEXARKANA Dear Mayor: P.O. Box 2261 LITTLE ROCK, ARKANSAS 72203-2261 TELEPHONE No. (501) 569-2000 FAX No. (501) 569-2400 December 22, 2000 Reference is made to the Arkansas Recreational Trails Program. JONATHAN BARNETT SILOAM SPRINGS HERBY BRANSCUM, JR. PERRYVILLE DAN FLOWERS DIRECTOR OF HIGHWAYS AND TRANSPORTATION DEC 2 7 2000 MAYOR'S CCE Arkansas has been allocated federal funds for the purpose of constructing motorized and non -motorized recreational trail projects These funds must be matched by local trail sponsors at the rate of 80 percent federal funds, 20 percent local funds. In-kind donations of labor and materials can be used as all or part of the required local matching funds. The deadline for applications to be returned to the Arkansas State Highway and Transportation Department in Little Rock is 4:00 p.m. Friday, May 11, 2001. An application for Program funds can be obtained by calling (501) 569-2207 or by e-mail to steve.weston(a ahtd.state ar us c: Chief Engineer Sincerely, Dan Flowers Director of Highways and Transportation • • ARKANSAS RECREATIONAL TRAILS FUND FY 2001 Funds The Arkansas Recreational Trails Fund uses federal funding from the Transportation Equity Act for the 21' Century (TEA -21) for the purpose of building and performing major maintenance on motorized, non -motorized, and multiple use trails. Agencies of city. county, state, or federal government and duly incorporated private/non-profit agencies can apply for these funds if access to the project by the general public is provided throughout the life of the project. A local sponsor must provide at least 20% of the total project cost. The local share can be in the form of cash, donated funds, or the documented fair market value of any donated materials or services that are accepted and incorporated into the project. Federal funds from other sources cannot be used to match these funds. Federal agencies wishing to use these funds can provide up to 15% of the total project cost as match, with the remaining 5% coming through cooperative relationships with trail user groups. This is a reimbursable program This means once the local sponsor receives an official Notice - to -Proceed from the Arkansas State Highway and Transportation Department. 80% of the costs directly attributable to the project can be reimbursed. The local sponsor is responsible for maintaining records and proving that expenses are legitimate and directly related to the project. This may be in the form of receipts, time sheets, etc. Such reimbursement will occur after an on- site visual verification conducted by AHTD. PROJECT ADMINISTRATION PROCESS The following steps will be taken to administer approved trail projects through completion. Successful applicants (sponsors) will be notified by the Arkansas Recreational Trails Advisory Committee. A trails project administration workshop will be held. Each sponsor must have a representative at this meeting. Environmental clearances, billing procedures, and administrative procedures will be discussed. Sponsors will transmit a resolution to the Arkansas State Highway and Transportation Department (AHTD) from their governing body expressing support for the project and that they have the resources for their 20% share of their project's cost. Recreational Trails Program 7001 Funds 19R, TR( r-� • • An Agreement of Understanding will be executed between the sponsor and AHTD. This document outlines the responsibilities of each of the respective parties. 5. The sponsor will provide AHTD with proof of land ownership and all plans, mapping, and construction specifications for review and approval. The sponsor will provide AHTD with proof of State Historic Preservation Officer approval of the project and any other documentation necessary to obtain environmental clearances Once plans. maps, and construction specifications have been approved and after all environmental clearances have been obtained the final Contract between the sponsor and AHTD will be executed. A pre -construction conference will be held. AHTD will provide the sponsor with an official Notice To Proceed. All expenses incurred after receipt of the Notice To Proceed will be reimbursable at the rate of 80%. All such expenses must be directly related to the trail project as outlined in the documentation listed above. Any expenses incurred prior to receipt of the Notice To Proceed will be the responsibility of the sponsor and will not be eligible for reimbursement. 10. At set stages during the construction of the project, the sponsor can request reimbursement for work accomplished. Such reimbursements will be preceded by a visual verification conducted by AHTD staff. The stages at which reimbursement can be requested will be clearly outlined in the Agreement of Understanding. For information contact: Steve Weston AHTD — Planning and Research P.O. Box 2261 Little Rock, AR 72203 (501) 569-2020 steve.weston@ahtd.state.ar.us Recreational Trails Program 2001 Funds 2 • • Project Title: Applicant: Address: Primary Contact Person: Title: Phone: Fax E-mail Type of Applicant (circle one) Private/Non-Profit Government Agency BUDGET INFORMATION; fill out attached 3 page budget sheet and fill in these blanks. Local Share (must be at least 20% of total project cost): TEA -21 Share (not to exceed 80% of total project cost): Total Project Cost: $ PROJECT LOCATION County: Nearest Municipality: Township: Range: Section(s): Land Ownership (circle one) Public Private Provide an accurate map indicating the location to the project in relation to the nearest municipality. This map must include information necessary to locate the site from the nearest state or U.S. highway. PROJECT DESCRIPTION Recreational Trails Program 3 2001 Funds • • 1. Outline exactly what will be accomplished with the funds you are applying for. Provide a description of the work to be accomplished, how it will be accomplished, and who will perform it. Include materials to be used, source of labor, and source of design and construction standards to be used. Provide an accurate site plan covering the entire project with north arrow, scale, project beginning and end point(s), individual points of construction, maintenance, etc. Length of trail to be constructed: Recreational Trails Program 4 2001 Funds • 2. What is the primary purpose of this trail project? (check one) Restoration of sites damaged by trail use. New trail construction. • Improvements, upgrading, or segment relocation to enhance use of existing trails Trail -side or trail -head facility construction including but not limited to benches, vista clearing, bridges, parking, information boards, etc. Circle each of the trail uses to be provided by this project and provide a brief explanation of how each will be accommodated. bicycling overnight/long distance hiking aquatic Recreational Trails Program 2001 Funds day hiking 4 -wheel drive vehicle barrier free equestrian 4 -wheel all terrain vehicle motorcycle jogging/fitness interpretive other 4. How does this project accomplish a recommendation in the current Statewide Comprehensive Outdoor Recreation Plan (available from the Arkansas Department of Parks and Tourism, 501-682-1302)? State the recommendation and provide a brief explanation. How will the project be designed and constructed to ensure the safety of its users and to avoid the danger or injury to users due to possible conflicts between different uses? Recreational Trails Program 6 2001 Funds 6. Describe how maintenance will be accomplished after project completion. Include who will perform maintenance, maintenance schedule and checklist, and inspection schedule. 7. Explain the planning process that led to this proposal, i.e. public involvement, establishment of need and demand, review process, etc. 8. What accommodations will be made to provide access to this trail for individuals with disabilities? Recreational Trails Program 7 2001 Funds What is the source of the required local 20% match (budget item, donated materials, donated services, or donated cash)? If donated funds, materials, or services will be used as all or part of the local 20% match, written commitments by the donors(s) must be provided. Please provide copies of this documentation. 10. Will this project be accomplished by a contractor or by in-house (force -account) labor? 11. List any previous Recreational Trail Program funds you have received and the projects' status. All applications must be received at the Arkansas State Highway and Transportation Department headquarters building in Little Rock no later than 4:00 P.M., Friday, May 11, 2001. No facsimile (fax) or electronic (e-mail or disc) applications will be accepted. Send twelve (12) copies of this application with all necessary attachments to: Thomas L. Harrell, Planning and Research Engineer Planning and Research Division Arkansas State Highway and Transportation Department P.O. Box 2261 Little Rock, Arkansas 72201 Recreational Trails Program 8 2001 Funds Project Name Sponsor A�nsas Recreational Trails Program Application Budget Sheet • 1 Clearing and Grubbing Please estimate the costs of all clearing and grubbing associated with this project . Length (in feet) Width (in feet) Material $ Labor $ 2 Sub -base Please estimate the cost of purchasing and installing sub -base aggregate for this project. Approximate number of cubic yards: Material $ Labor $ 3 Paving Please estimate the cost of purchasing and installing trail paving material. Length (in feet) Width (in feet) Asphalt, approximate number of cubic yards. Concrete, approximate number of cubic yards: Other (indicate material), approximate number of cubic yards: Material S Labor $ 4 Boardwalk Construction Please estimate the cost of purchasing and installing materials for boardwallcs. Length (in feet) Width (in feet) Recreational Trails Program Budget Sheet - Page 1 of 3 2001 Funds Material $ Labor $ Attach additional sheets if necessary IIla nsas Recreational Trails Program Application Budget Sheet 5 Trail Support Facilities Please estimate the number and cost of purchasing and installing trail support facilities such as signs, bulletin boards, benches, parking spaces, etc.. A B c D E Material $ Labor $ 6 Bridges Please estimate the number and cost of purchasing materials and installing bridges Number of bridges: Length(s) of bridges: Width(s) of bridges: Distance between water and surface of bridges: Material $ Labor $ 7 Utilities Please describe and estimate the costs for installation of any utilities necessary for this project, i.e. water lines, electrical lines, etc. A B c D Recreational Trails Program Budget Sheet - Page 2 of 3 Material $ Labor $ $ $ 2001 Funds Attach additional sheets if necessary • A nsas Recreational Trails Program Application Budget Sheet • 8 Drainage Structures Please describe and estimate the costs for purchasing materials and installing any drainage structures, i.e. culverts, etc.. Number: Length: Material $ Labor $ 9 Brochures and/or Educational Materials Please estimate the costs associated with publishing any brochures necessary for your trail project. Material $ 10 Other Please describe and estimate the cost for any other trail related project. A B C D Labor $ PROJECT TOTALS Material $ Labor $ Total Project Material $ Total Project Labor $ Total Project Cost $ Recreational Trails Program Budget Sheet - Page 3 of 3 2001 Funds Attach additional sheets if necessary