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40-14 RESOLUTION
RESOLUTION NO. 40-14 A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO APPLY FOR AND ACCEPT A 50150 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $1,500,000.00, TO USE THIS GRANT AND $1,600,000.00 OUT OF RESERVES TO PURCHASE ABOUT 328 ACRES OF MT. KESSLER FROM CHAMBERS BANK AND TO BUILD A TRAILHEAD, TO APPROVE A LAND SWAP WITH CHAMBERS BANK, TO SUPPORT A PARKLAND DEDICATION OF ABOUT 48 ACRES FOR FUTURE PARKLAND CREDIT AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has a unique opportunity to work with the Walton Family Foundation, Fayetteville Natural Heritage Association and Chambers Bank to acquire and preserve 376 acres of Mt. Kessler for $3,000,000.00 and parkland dedication so that the Regional Park will grow to almost 600 contiguous acres of amenities running the gamut from developed sports fields to mountain biking and nature trails; and WHEREAS, the City will also need to spend about $100,000.00 from reserves to develop a public trailhead for the many nature, hiking, biking and recreational trails already established and to be established and enhanced as part of the Regional Park. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the City of Fayetteville application for the 50150 matching grant with the Walton Family Foundation, extends its deepest appreciation and gratitude to the Walton Family Foundation for this grant, agrees to accept and match this $1.5 million donation with City funds from reserves, agrees to use this Three Million Dollars to purchase about 328 acres from Chambers Bank, agrees to build the public trailhead for about $100,000.00 from reserves and authorizes Mayor Jordan to sign all necessary documents and agreements necessary to accomplish this grant, purchase and project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to support and recommend that the Fayetteville Planning Commission accept a parkland dedication of about 48 acres by Chambers Bank to be used for future parkland credit. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby agrees to swap those parcels of City land with Chambers Bank for the Chambers Bank parcels and trail easements all as identified on the map attached to this Resolution as Exhibit A. Page 2 Resolution No. 40-14 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment recognizing grant revenue of $1.5 million from the Walton Family Foundation and expenditures of $3.1 million for purchase of the Mt. Kessler property and construction on the trailhead. PASSED and APPROVED this IP day of February, 2014. APPROVED- ATTEST: By:e.- Y 1LiG� SONDRA E. SMITH, City Clerk/Treasurer a�'ritt1111�lIIr� f' 5• 5_r or Z 1 1 � m t2 1 - y 1 � + 1 E 1 O N r �a 1 0 nj r ------------- r= _ E Lo �1l, 91 ,� 43 O Q 4 ! !L W N LL7 ,- r N Ni y A + L)< E uy ! LL , N �,C1ro c 0 u / LL 01 o + 1 aNa' C C m Q 'D I l E , N LL `, L ' 0 C V m U r of o + Y + U y y Q u m Q aO U T ID L W co ti E!2�� m c U w d a Q G C J LL l0 H 1 I 1 1 1 1 1 1 � - a 1 0 `v E 1 V 1 1 ' N .__._ lal WnpjA9 Y w C m w a 1 13 N Q 10 c 2 ca Q 1 w m o m 1 bra e L aa�uoaave r Y ~ a a m NIm � 1I . �a31SV3 i0 N Jeremy Pate Submitted By City of Fayetteville Item Review Form 2014-0066 Legistar File Number 02/18/2014 City Council Meeting Date • Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department A resolution authorizing Mayor Jordan to apply for and accept a 50150 matching grant from the Walton Family Foundation and enter into a $3,000,000 purchase contract agreement with Chambers Bank to acquire 328 acres of "Mt. Kessler" as described herein, to support a land donation of 48 acres for future parkland credit, to trade land for like property and trail easement, and to approve a budget adjustment. Does this item have a cost? Y6S $1,600,000.00 Cost of this request 4470.9470.5805.00 Account Number 14013.1 Project Number Budgeted Item? NO Category or Project Budget Funds Used to Date -$1,600,000.00 Remaining Balance Budget Adjustment Attached? Yes Kessler Mt. Acquisition Program or Project Name Land acquisition Program or Project Category 4470 - Sales Tax Capital Fund Name - i V20130612 Previous Ordinance or Resolution # 6_"J Original Contract Number: Comments: 0, 41 lot`{ Z/G // "/ • -�1 � e 'ARKAHSASi CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff WL From: Jeremy Pate, Director of Development Services Date: February 04, 2014 Subject: Mt. Kessler Acquisition THE CITY OF FAYETTEV I L LE, ARKANSAS DEPARTMENT CORRESPONDENCE RECOMMENDATION: The City Staff recommends that the City Council authorize Mayor Jordan to formally apply for and accept a 50/50 matching grant from the Walton Family Foundation, subject to the terms described herein; enter into a contract agreement with Chambers Bank to purchase approximately 328 acres of Mt. Kessler for $3,000,000; support the acceptance of a donation of approximately 48 acres of Mt. Kessler to be banked for future parkland dedication credit within the park quadrant, and trade approximately 38 "remnant" acres of the original 200 -acre regional park for like/equal to acreage adjacent to regional park land. BACKGROUND: Mt. Kessler has been identified through multiple organizations and individuals as a gem in the City worthy of preservation. The property is situated adjacent to both the City's 200 -acre future regional park for active sports activities and an existing network of properties that have been designated for conservation and trail activities. It is entirely within the City of Fayetteville's municipal limits, located in southwest Fayetteville. Mt. Kessler can currently be accessed via W. Kessler Mountain Road, west of 1-540, or via hiking and biking trail from Smokehouse trail, south of Hwy 62 West. The property is currently owned by Chambers Bank, and there are no active uses of the property other than outdoor recreation. Mt. Kessler has a rich history of settlement from the mid 1800's and has a unique advantage of being a property that exists today without much change from that time period. Blessed with an abundance of native flora and fauna, stands of native old-growth Ozark tree species, rock outcroppings, significant view sheds, changes in topography and ecosystem, the property is a perfect opportunity for citizens from the region and beyond to engage in discovery of the Ozark forest, for both recreational and educational opportunities. After several discussions with Frank Sharp of the Mount Kessler Greenways Advocates and representatives ' n Coleman and Bob Caulk of the Fayetteville Natural Heritage Association, who have been advocating for the preservation of Mt. Kessler for some time, the City began conversations with the Walton Family Foundation to gauge their interest in a grant opportunity for the acquisition of the approximately 376 -acre Mt. Kessler property generally west of the City's Regional Park, in an effort to permanently place this asset in the public domain. Our vision is to utilize already forged partnerships with the Mt. Kessler Greenways Advocates, Fayetteville Natural Heritage Association, Ozark Off -Road Cyclists, the International Mountain Bicycling THE CITY OF FAYETTEVILLE, ARKANSAS Association, the University of Arkansas, Fayetteville Public Schools and others to develop programs at Mt. Kessler that emphasize and expand upon established outdoor recreation in the form of mountain biking, hiking, and nature study. We plan to use these relationships to continue the design, development, expansion and long-term maintenance of the Mt. Kessler Trail system for recreational use; to foster working outdoor classrooms and laboratory spaces for use by the University and surrounding schools; to provide for the study of native Arkansas flora, fauna and geologic rock formations; to promote awareness of watershed and natural resource preservation; and to provide places for healthy, active lifestyles for future generations' wellbeing. Our goal is to promote stewardship of this land in a responsible manner, and to preserve it for use by citizens of Northwest Arkansas in years to come. It is important to note that current entitlement affords the property owner to market, sell and develop the property being described. The proximity of Mt. Kessler to Fayetteville's future Regional Park is fortuitous, and is a major reason that this acquisition makes sense for the City at this time. Expanding the City's highly programmed active recreational space to include another 376 acres of natural active and passive open space creates a place unlike many others in the region or state. In addition, the property acquisition allows for necessary connectivity for the City's multi -use trail system, part of the network of trails developing throughout Fayetteville and Northwest Arkansas that will provide access to the Regional Park and Mt. Kessler for cyclists and pedestrians from throughout the region. The provision of access and amenities by way of the developing Regional Park and Fayetteville Alternative Transportation network creates almost 600 acres of parkland that will be a legacy acquisition. PROPOSAL: Buyer: The City has obtained approval from the Walton Family Foundation to formally apply for and accept a grant of up to $1.5 million in purchasing the Mt. Kessler property. Formal application for the grant with a matching financial commitment requires Council approval in the form of a Resolution, part of the action requested here. As the City has experienced in the past, Foundation grants are based upon Output and Outcome Performance Measures, which describe the overall terms of the grant that the City must accept in order to access the grant funds. More fully described in the attached letter from Buddy Philpot, Executive Director of the Walton Family Foundation, the general terms are as follows; Output Performance Measures: • The purpose of the grant is to support the City in our efforts to acquire the 376 -acre Mt. Kessler property and permanently place this asset and its mountain biking trails in the public domain. • The Foundation will grant the City up to $1,500,000 with a matching contribution from the City once the City has applied for and acknowledged the terms and conditions of the grant • The City must execute a real estate purchase contract by April 15, 2014 and take ownership no later than April 30, 2014 • The City must outline a plan and process for permanently placing the 376 acres in the public domain and preservation as greenspace by April 30 • The City must commit to maintaining and operating all current and future trails to specific standards as outlined in the grant agreement by April 30 • The City will establish a baseline of trail usage within 30 days of acquisition and collect trail use data for no less than six months following in accordance with referenced methodologies THE CITY OF FAYETTEVILLE, ARKANSAS Outcome Performance Measures: The City will provide evidence of match funding in the amount of up to $1,500,000 by April 30 The City will establish a publically accessible trailhead allowing access to the trailheads on the 376 acres within 90 days of officially acquiring the property Targets for trail usage will be established from the baseline data gathered, and the intent is for usage to increase in the six months following initial measurement. The City, by Resolution, would agree to these terms in order to receive the grant and acquire the property. The City would be willing to own and permanently maintain the property as public park property, within a permanent greenspace area. All contract documents and deeds would be produced and a closing scheduled before a deadline of March 31, 2014. Matt Mihalevich, the City's Trails Coordinator, is familiar with the trail standards and specifications, and the City would utilize working relationships with various groups identified herein to ensure we meet these standards. Finally, the City would provide a public trailhead access within 90 days, with a more fully developed permanent trailhead and access to be provided within the adjacent Regional Park as it is constructed. We are requesting City Council approval to reserve funds to purchase the property, and will evaluate any other maintenance, programming and operational costs through the CIP or annual budget. The City has had wonderfully productive relationships with a number of the individuals and entities that have a vested interested in securing this property for permanent public use as outdoor recreation, educational and research space. The Fayetteville Natural Heritage Association (FNHA) is one such group. Through very productive conversations with Bob Caulk and John Coleman, both of whom are on the Board of Directors, the FNHA has committed to raising $300,000 over three years toward the purchase of the property, thereby offsetting a portion of this initial cost for purchase and physical improvements required. This commitment is being recognized as a separate agenda item, but is an important component of the acquisition. Seller: For several months, the City has been in discussions with Chambers Bank representatives about the feasibility of purchasing some or all of this property. Initially, the asking price based on most recent appraisals was out of reach. However, through creative problem -solving and negotiation, the City staff feels a very good compromise has been reached that benefits the current owner of the property, whose intent is to sell for development portions of the property, and taxpayers, who will ultimately benefit from an almost 600 -acre regional park property. Chambers Bank has been very good to work with, and the staff must express our gratitude to Mr. John Chambers III, Chairman of Chambers Bank, Hunter Haynes of HCH Consulting, Inc., and JR Meeks of Chambers Bank for being very willing to discuss options for the city to acquire this property. The terms of the purchase are also outlined in a letter of commitment attached, and will be included in a contract for purchase where they are not approved directly by City Council resolution. • Chambers Bank agrees to sell approximately 328 acres for $3,000,000 Chambers Bank agrees to donate approximately 48 acres to be banked for future parkland credit, in accordance with city ordinance The City would agree to trade certain "island" portions of the original 200 -acre regional park that Chambers Bank donated to the City several years ago, as more fully depicted in the attached map. This trade would include credit for a multi -use trail easement as generally depicted on the same map. THE CITY OF FAYETTEVILLE, ARKANSAS • Planned multi -use trails connecting the Mt, Kessler property and Regional Park would not be constructed across the Chambers property until connecting trails were also under construction, and the City would work with any developer to allow crossing of the trail with streets, utilities, etc. • The City would agree to erect signage along a common property line indicating "park boundary" and the existence of private property, upon which trespassing was not permitted • The consummation of the purchase would need to occur no later than March 31, 2014 The City finds these terms are reasonable and in the favor of the citizens of the City of Fayetteville, given the permanent protection of mountain biking/hiking trails within the greenspace of Mt. Kessler and all of the opportunities that will be possible for the enjoyment of this unique natural resource. The City is very interested in acquiring this important property for future generations, and support from the Walton Family Foundation is a pivotal element in doing so. we believe that the addition of this property as a public asset enhances the quality of life for residents of Northwest Arkansas by providing a unique venue for healthy outdoor recreation and wellness activities in the form of nature trails for hiking and biking; for childhood to college education through environmental programs; and for the preservation of open space and protection of watershed and natural resources. Together, we believe these elements fit the goals of CityPlan 2030, most particularly in assembling an enduring green network, and will undoubtedly place Fayetteville and Northwest Arkansas in a place to continue to retain and attract talent to the region because of our quality of life reputation. BUDGET IMPACT: The overall budget for this acquisition is $3,100,000. The initial investment to purchase the described 376 acres requires $1,500,000 from the city, from Fund Reserve, and a matching grantfrom $1,500,000 is being recognized from the Walton Family Foundation, One of the grant terms requires construction of a public trailhead within 90 days of the property acquisition, the specific location of which has yet to be determined. Staff estimates that a maximum of $100,000 should cover the cost of this physical improvement. with the commitment from the FNHA, a total of $300,000 will be deposited back into the reserve fund over the next three years, similar to other partnerships between the City and FNHA in previous greenspace acquisitions. These funds will help offset the $1,600,000 that the City is pulling from reserves. At the direction of the Mayor, the staff will work together, along with agencies interested in the mountain -biking trail system, to identify operational, maintenance and programming expansion costs; it is our intent to hold these costs to minimal levels and use area partners as much as possible, as the primary purpose of the Mt. Kessler purchase is to preserve and enhance the mountain-biking/hiking trail system and the surrounding greenspace so that generations to come can enjoy the same experience as previous ones have. RESOLUTION NO. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO APPLY FOR AND ACCEPT A 50150 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $1,500,000.00, TO USE THIS GRANT AND $1,600,000.00 OUT OF RESERVES TO PURCHASE ABOUT 328 ACRES OF MT. KESSLER FROM CHAMBERS BANK AND TO BUILD A TRAILHEAD, TO APPROVE A LAND SWAP WITH CHAMBERS BANK, TO SUPPORT A PARKLAND DEDICATION OF ABOUT 48 ACRES FOR FUTURE PARKLAND CREDIT AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has a unique opportunity to work with the Walton Family Foundation, Fayetteville Natural Heritage Association and Chambers Bank to acquire and preserve 376 acres of Mt. Kessler for $3,000,000.00 and parkland dedication so that the Regional Park will grow to almost 600 contiguous acres of amenities running the gamut from developed sports fields to mountain biking and nature trails; and WHEREAS, the City will also need to spend about $100,000.00 from reserves to develop a public trailhead for the many nature, hiking, biking and recreational trails already established and to be established and enhanced as part of the Regional Park. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the City of Fayetteville application for the 50150 matching grant with the Walton Family Foundation, extends its deepest appreciation and gratitude to the Walton Family Foundation for this grant, agrees to accept and match this $1.5 million donation with City funds from reserves, agrees to use this Three Million Dollars to purchase about 328 acres from Chambers Bank, agrees to build the public trailhead for about $100,000.00 from reserves and authorizes Mayor Jordan to sign all necessary documents and agreements necessary to accomplish this grant, purchase and project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to support and recommend that the Fayetteville Planning Commission accept a parkland dedication of about 48 acres by Chambers Bank to be used for future parkland credit. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby agrees to swap those parcels of City land with Chambers Bank for the Chambers Bank parcels and trail easements all as identified on the map attached to this Resolution as Exhibit A. Page 2 Resolution No. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment recognizing grant revenue of $1.5 million from the Walton Family Foundation and expenditures of $3.1 million for purchase of the Mt. Kessler property and construction on the trailhead. PASSED and APPROVED this 18" day of February, 2014. 099MU00 LIM LIONELD JORDAN, Mayor ATTEST: M. SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Division: Development Services Request Date 2014 1 Department: Development Services 2118!2014 BUDGET ADJUSTMENT DESCRIPTION I JUSTIFICATION V13.1031 Legistar Adjustment Number Requesting $3,100,000 for the acquisition of Kessler Mountain, $3,000,000 will be for the actual purchase and the remaining $100,000 for matching grant requirements to build a trailhead. $1,600,000 of the funding will come from a General Fund transfer and $1,500,000 will come from a Walton Family Foundation grant. Prepared By Division Head #NAME? Budget Director Legistar# / Date: 2014-0066 1 2/18/2014 Legistar Title KESSLER_MOUNTAIN Budget & Information Management Use Only Type: A B C D E P General Ledger Date Posted to General Ledger Checked ! Verified Initial Date C:lUsersljpate�App0ata\Roaming\L5\Temp1b6927760-f5fa-4d59-9557-525275ba2304 1 of 1 Initial Date TOTAL BUDGET ADJUSTMENT 4,700,000 4,700,000 Increase ! (Decrease) Project.Sub Account Name Account Number Expense Revenue Number Land acquisition _ _ 4470.9470.5805.00 3,000,000 14013 1 Land acquisition 4470.9470.5805.00 :) 100,000 - 14013. 1 Transfer from General 4470.0947.6602.01 ti 1,600,000 14013. 1 Commercial grants 4470.0947.4305.00 tF 1,500,000 14013. 1 Transf to Cap Improvement 1010.6600.7602.47 1,600,000 57039. 1401 Use of fund balance 1010.0001.4999.99 zF 1,600,000 C:lUsersljpate�App0ata\Roaming\L5\Temp1b6927760-f5fa-4d59-9557-525275ba2304 1 of 1 The WA LT O N FAMILY P.O Box 2030 1 Bentonville AR 72712-2030 F O U N D A T I O N February 4, 2014 Mayor Lioneld Jordan City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Re: Grant 42013-1037 Dear Mayor Jordan, It is my pleasure to inform you that The Walton Family Foundation, Inc. (the "Foundation") has approved a grant of up to $1,500,000.00 to the City of Fayetteville (the "Grantee"). This grant is subject to the following terms and conditions: I . Purpose: The purpose of the grant is support the City of )Fayetteville as they acquire approximately 376 acres located in southeast Fayetteville known as Mt. Kessler which lies adjacent to the City's 200 acre regional park currently under development. The purchase of this property from private ownership will permanently place this asse and its existing —5-6 miles of single track mountain bike and hiking trails in the public domain, This grant is more fully described in Grantee's letter of interest dated August 28, 2013. Grantee agrees to use all grant funds exclusively for the grant's purposes. Any changes in these purposes must be authorized in advance by the Foundation in writing. 2. Amount: Up to One Million Five Hundred Thousand Dollars ($1,500,000.00). 3. Payable: One payment in the amount of up to $1,500,000.00 shall be payable upon receipt of a copy of this letter from Grantee acknowledging the terms and conditions set forth herein and satisfactory evidence of $1,500,000 in matching commitments as well as an executed real estate purchase contract for the 376 acres. Matching commitments must be documented for the foundation by April 30, 2014. In the event the matching commitments are not documented by this deadline, all outstanding obligations of the Foundation will terminate. 4. Accounting: (a) The Foundation encourages, whenever feasible, the deposit of grant funds in an interest-bearing account. For purposes of this letter, the term "grant funds" includes the grant and any income earned thereon. (b) Grantee will maintain records of receipts and expenditures made in connection with the grant funds and will keep these records during the period covered by the Grantee's reporting obligations specified in paragraph 5 and for at least four years thereafter ("Maintenance Period"). Grantee will make its books and records in connection with the grant funds available for inspection by the Foundation during normal business hours as the Foundation may request at any time during the Maintenance Period. 5. Reporting and Evaluation: Grantee will provide the Foundation with an interim financial and narrative report by October 31, 2014 and a final financial and narrative report by May 31, 2015. These reports shall include an account of expenditures of grant funds, and a brief narrative of what was accomplished P. 4 7 9. 4 6 4. 1 5 7 0 F. 4 7 9. 4 6 4. 1 5 8 0 1 w w w. w a I t c n f a m i I y f c u n d a t i o n. o r g (including a description of progress made in fulfilling the purposes of the grant and a confirmation of Grantee's compliance with the terms of the grant). Success will be measured against the outputs and outcomes described below. All reports will be sent electronically to HomeRegion@wffmail.com. If you have questions relative to reporting, please contact Janet Post, Home Region Focus Coordinator, 479-464-1576, email jpost@wffmail.com. Please reference Grant #2013-1037 on all reports submitted. 6. Representations: Grantee represents and warrants to the Foundation that: (a) Grantee is an organization in good standing, is either an organization described in section 501(c)(3) of the Internal Revenue Code ("Code") or a governmental unit, and is not a "private foundation' described in section 509(a) of the Code. Grantee will promptly notify the Foundation of any change in Grantee's tax status under the Code. (b) In no event will Grantee use any grant funds: (i) to carry on propaganda, or otherwise to attempt, to influence legislation; (ii) to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive; or (iii) to undertake any activity other than for a charitable, educational or other exempt purpose specified in section 170(c)(2)(B) of the Code. (c) Grantee will comply with all applicable laws and regulations. 7. Repayment: The Foundation may discontinue any further payments to Grantee, and may direct Grantee to repay any unexpended grant funds to the Foundation, if any of the following events occurs: (i) Grantee ceases to maintain its tax-exempt status as described in paragraph 6(a) above; (ii) Grantee fails to comply with the terms of this letter; or (iii) There is a material change in Grantee's key personnel that in the sole opinion of the Foundation adversely affects Grantee's management of the grant. 8. Release and Indemnity: Unless prohibited by law, Grantee shall release, indemnify, defend and hold harmless the Foundation and its directors, officers, employees and agents from and against any and all claims, actions, suits, demands, damages, losses, expenses and liabilities, arising out of or related in any way to the actions or omissions of Grantee (or its directors, officers, employees, agents or contractors) in connection with the Grant and the project funded by the Grant, except to the extent caused by the Foundation's (or its directors, officers, employees or agents') negligent actions or omissions. Grantee further agrees to carry insurance in such forms and amounts as are commercially reasonable and appropriate to cover Grantee's operations and to enable Grantee to indemnify and defend the Foundation as provided hereunder. 9. Grant Publicity: Grant publicity related to this grant consistent with Grantee's normal practice is permitted, subject to the following provisions. The Foundation expects any announcements and other publicity 2 to focus on Grantee's work and the project or issue funded by the grant. Recognition of the Foundation's role in funding the project is permitted, provided that the timing, content and strategic focus of such publicity should be approved by the Foundation contact listed in paragraph 11. Publicizing the grant and the Foundation in Grantee's publications and communications in a manner consistent with similar grants obtained by Grantee is permitted. The Foundation may ask Grantee to provide illustrations, photographs, videos, recordings, information or other materials related to the grant (collectively "Grant Work Product") for use in Foundation communications including the Foundation's website, annual report, newsletters, board materials, presentations, communications and other publications. Grantee agrees to provide the Foundation with such items upon the Foundation's reasonable request and hereby grants to the Foundation and anyone acting under the authority of the Foundation a fully paid-up, world-wide, right and license to use, reproduce, display and distribute the Grant Work Product in connection with the Foundation's charitable operations and activities. In connection therewith, Grantee shall be responsible for obtaining all necessary rights and permissions from third parties for the Foundation to use the Grant Work Product for these purposes. By signing this Agreement, Grantee also acknowledges and agrees to use by the Foundation of historical, programmatic and other information relating to Grantee and the grant hereunder, 10. Gratuities: The Foundation desires that all of Grantee's resources be dedicated to accomplishing its philanthropic purposes. Therefore, Grantee agrees that it will not furnish the Foundation or its Board of Directors, officers, staff or affiliates with any membership, commemorative items, recognition plaques or gratuities or benefits of any kind. 11. Contact: For all communications regarding the grant, your point of contact at the Foundation will be Program Officer, Ryan Hale. He can be contacted via phone or email as follows: Telephone number (479) 464- 1579, Fax number (479) 464-1580 and Email rhale@wffmail.com. We have enclosed two original grant letters. Please sign one copy as Grantee's acknowledgment of the terms and conditions herein stated and return it to me in the enclosed self-addressed envelope. If the signed acknowledgment of this letter is not received in the Foundation's office by February 28, 2014, the Foundation will consider the Grantee to have declined the grant. On behalf of the Foundation, I extend every good wish for the success of your organization's endeavors. Sincerely, fF , l dy D. Philpot xecutive Director ACKNOWI,tEDGED AND AGREED Lioneld o an (Date) City of fWyctteville Appendix A: City of Fayetteville Purchase & Preserve Mt. Kessler in Fayetteville Output Performance Measures: • The City will execute a real estate contract for the purchase of 376 acres known as Mt. Kessler by April 15, 2014 as evidenced by submission of executed contract. • The City will fully acquire and take ownership of the property by April 30, 2014 as evidenced by deed. • The City will provide an outline of its plan and process for permanently placing the 376 acres in the public domain and permanent preservation as greenspace in perpetuity by April 30, 2014. • The City will sign an agreement to commit to maintain and operate all current and future trails on Mt. Kessler to the same standards as outlined in the Razorback Regional Greenway operations and management plan as well as the guidelines listed in the IMBA "Guide to Sweet Single-track" and "Managing Mountain Biking" handbooks by April 30, 2014, as evidenced by a letter signed by Mayor Lioneld Jordan. • The City will sign an agreement to commit to establish a trailhead that will create access to the trail system at Mt. Kessler through city owned or controlled property by April 30, 2014, as evidenced by a letter signed by Mayor Lioneld Jordan. • The City will establish a baseline of trail usage for the single track trails located on Mt. Kessler using the methodology developed by ALTA Planning + Design Consultants. Measurement will commence within 30 days of acquisition and will be collected for no less than six months. Outcome Performance Measures: • The City will provide evidence of match funding in the amount of up to $1.5 million by April 30, 2014 as evidenced by program records. • The City will establish a publicly accessible trailhead allowing access to trails on the 376 acres within 40 days of officially acquiring the property as evidenced by program records. • General trail usage on the single track trails located on Mt. Kessler will increase in the six months following initial measurement. The baseline established during the first 6 months after completion will be used to set the target for the increase in trail usage. All targets will be subject to WFF input. 4 ChambersBaemnk VberFDIC January 30, 2014 Don Marr Chief of Stab' City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Don, It was a pleasure meeting with you and Jeremy last week, Based on our meeting and further discussions, please (incl the following to be the terms upon which Chambers Bank would agree -to sell the .N7t. Kessler area of the Southpass development to the city of Fayetteville: • Chambers Bank- would agree to sell 327,868 acres of the 375.618 acres for a purchase price of $3,000,000. Chambers Bank would agree to donate 47.749 acres, the balance of the 375.618 acres; to the City of Fayetteville to be held for any fixture park land dedication requirements in that quadrant of -Lhe City. The City would trade certain portions of the 200 acres originally deeded to the Ciiv. including the "island portion" and the areas located alone the North property line, to Chambers Bank in exchange for acreage located to the West of the road leading to the water towers along with a section adjacent to Sports complex area and Mt. Kessler Road as well the execration of 25 foot Multi -Use Trail Easement in favor of the City of Fayetteville for a trail. The trail shall ran along the unnamed streams within the 50 foot riparian stream bank protection area to the North to connect the future Shiloh Trail and to the South to connect to the Regional Park area. The location of said areas and trail would be mutually determined and agreed upon, and shall equal the same amount of acreage. Plcase, see attached diagram to further explain this point. The City would agree to not construct the -planned trails in the Multi -Use Trail Easement areas, until the connector trails were under construction. Don Man January 24, 2014 Page 2 • The City would work with any developer to allow the crossing of any of the Multi -Use Frail Easement areas with roadways, utilities, etc. as were deemed necessary artd in the best interest of development. • The City would agree to erect signage, along common boundary lines, indicating the existence of private property and that trespassing was not allowed; the design and placement of said signage to be mutually agreed upon. • The consummation of the proposed terms above shall be completed no later than March 31 ". It is my understanding that this project will require the City of Fayetteville City Council's approval in order for us to move forward with the execution of any contract. Upon behalf of me and my team, we look forward to working with you on this project and the continued success of the City of Fayetteville. I have attached a diagram, which indicates the N11 Kessler area to be 375.618 acres, along with the acreage of the areas to be traded. Once again I enjoyed visiting with you both and look fonvard to working on this project. Upon review please let me know of any comments or questions you may have. 1 look forvsrard to hearing from you soon Sincerely, f John Ed Chambers III Chairman Chambers Bank Enclosure Lioneld Jordan, Mayor City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mayor Jordan, January 29, 2014 The establishment of a 3$7 -acre Mount Kessler Reserve on the southwest corner of Fayetteville would protect a significant piece of fegional green infrastructure while benefiting our community through environmental education, public recreation, public water supply protection, and \vildlife habitat and ecosystem preservation. Two regional conservation punning initiatives led by FNHA identified Mount Kessler as a very high priority in establishing an enduring green network. The Fayetteville Natural Heritage Association Board of Directors has committed to raising $300,000 in three years toward the purchase of the Reserve by the City. This is identical to the commitment made toward the purchase of Mount Sequoyah Woods. Although it took five years to fulfill our commitment for the Mount Sequoyah purchase, we feel it can be accomplished in three years because FNHA is now an established organization with several significant accomplishments and Mr. Frank Sharp has built a very extensive Mount Kessler Advocates network. Thank you for your continued support of FNHA priorities. Sincerely, r/ / �Bhulk Chairman UO a �SP crDD��'cgocrrD 3 3 o a, a. - -, n rr. ? 7 W = n O 0 7 a a (D 5; (D , ;) (D � ID rr su Up a MPT VI R -4C N SPF QUO �'� o a 3.pJ co elr+ Ra ncu�a a a ro UOeD S fD d S N tiC sr � N 1 � i•1 � N 1 GF � 0 4A 51 ac'*Hon-- 10 =� ?3 rra raDm ao 7 a n o ro p a A 3 o w 3 c 1o~a �R r c � O .A, cD G< rArr 'i t OA� a `C 'Q m .0 f1 R a w �� N p n rrrrV1 d A `"G n rr� p �. rr I rt p1 A �r_pr p Q A 4A R A• r► A R O 6 1T1 5m C O ^3.O A fD O A A a A i S. � O O `t 3. 7 7 A rt O A C 01 T0 04 � n A viDD w , 7 •c A' A O C (rr rt a 1 �' n r t'. t o r 7 YO Ilq rnt a IA/1 n'aFsm� CD (D �IN�A+rm rp (D m CfD R m w p MUO m 06 W rrc < lnD M ar�r.>> V M a S. S ; CL Q a N p n N O Q m 0 [6 &A a �n � I < S A A eD o R o, 5. N N '•C � r G S-0 IN; O (.-r A d Im N. r*Cv A A a go O N � 3 N ^ rum sm IM /p N vi 4Zm o n p 4 n ^ r �a Z� CIL Q +. a Rro{o Q CO 3 m eb s z o c a rb rl CL o b• N to c � b K 1 A aao 4 �a N c N 3Q. %5 ti p c�O511Oq M Zwk US a �o d,o to N Q� aL ti rt es L PL 4 O a_ a _r lD rt �n =4 C1 C-14 3 G) V r ' ♦a s Road Trail `•�wia■t.'1twtass y�..._-__• a Ip,RUPPle -0 r �L-r. _:r*--+ ;p IMM EN (]I 11eJ1 iHJ1S87i (p • VM1 • • � k 0 N N 03 M {G A t . ■off99 =r 1 ♦ ■ to T N C7 n • O r • FiR�eY RoadNMlater Easement Trail w * �■ 0 I + D � • r r r • tSln� t--------------- miff r t r* R •• r • ,tom. �• Z ' -------------- 4k - ---- i w ■ *. • • t w • w w • IP StIllah Trail ♦ r w+ w• l� • ��� - • w ♦ �S • ww -.1 •�pr3� • Ip'-- - NJ V • • = Aw ! �� „ . w • �' '�ieOSsly sesueKld r► ItPJi l ❑ S r 1 *"I 57 lD rt �n =4 C1 C-14 3 G) a s -0 r + mCL N 03 M {G A (n =r T N C7 n O 3 w N D � C � C y v (o' *"I 57 FrIke M_ ulli-U4t4 G) r + RECEIVED KENNETH L. SMITH FEB 7 2014 459 WEST CLEBURN STREET FAYETTEVILLE, ARKANSAS 72701 CITY OF FAYETTEVILLE MAYOR'S OFFICE 7 d % « C-")-7 �iU L"ell I F 5�ze� J _-- 1 J P f iJ '""� f V, - '� 1, !i vY'�ii�� � / s` U V� •Cr Yr�,� L v - [1 L� February 10, 2014 bco Bicycle Coalition of the Ozarks P.O. Box 4173 Fayetteville, AR 72702 bco@bconwa.com 479-200-1679 City Council Members City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Dear City Council Members, REEIVED l'Lu t 0 2014 CITY 'Jr -AYET i EVILLE CITY CLERK'S OFFICE The Board of Directors for the Bicycle Coalition of the Ozarks (BCO) strongly supports the purchase of 328 acres and the acceptance of a donation of 48 acres on Mt. Kessler by the City of Fayetteville. This would add an additional 376 acres of parkland within Fayetteville, which would have a large impact on the number of cyclists in our community, The area has become a favorite of mountain bikers, and we would like to see the Mt. Kessler trail system preserved and enhanced. Its proximity to the forthcoming regional park makes it an integral part of creating a more livable and sustainable community through increased outdoor recreational opportunities. The BCO is a 501 (c)3 non-profit formed in 1999 with the mission of creating a more bicycle friendly community in Northwest Arkansas through education programs for all users of roads and trails and advocacy for an increase in bicycle friendly infrastructure. Increasing the quantity, quality, and access to mountain bike trails in Fayetteville will help to get more citizens of the community on bikes, which will raise awareness for all cyclists and make Fayetteville a more bike -friendly city. Sincerely, Rh --- Quin Thompson Chair Paxton Roberts Executive Director RECEIVED FEB 1 12014 CITY OF FAYETTEVILLE To: Mayor Lioneld Jordan CITY CLERK'S OFFICE Dr. M Schoppmeyer Ms. Rhonda Adams Mr. Alan Long Mr. Justin Tennant Mr. Matthew Petty Mr. Mark Kinion Ms. Sarah Marsh Ms. Adella Gray Subject: Vote to appropriate money for the purchase of Kessler Mountain. I urge council members to vote for the purchase this property and make it a permanent part of Fayetteville's heritage and uniqueness. I have over the past few years hiked Kesseler many times with friends and family and often alone. It has all the beauty of the Ozarks in all its seasons. I would be pleased if it were a forever part of Fayetteville. Thank you for your consideration. William L. Roberts DDS (retired) RECEIVED FEB 1 1 2014 CITY OF FAYETTEVUE CITY CLERK'S OMCE February 10, 2014 Mayor and City Council City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 I do not live in Fayetteville but do frequent the area often. I enjoy hiking in and around Fayetteville. One of my favorite places to hike is Mt. Kessler. The trails there are just awesome, I bring my Grandchildren with me and the whole family enjoys the outing. I hope that you will continue to preserve this area and these trails, for not only myself, but the future generations to come. Sincerely, Betty Ford 17700 Kimes Tower Road Chester, Arkansas 72934 RECEIVED FEB 112014 Dear Mayor Jordan and honorable City council members, CITY TFEA+rE oEVl� I am writing to express my support for the purchase of the Chamber's Bank parcel off of Cato Springs road. As a long time resident of Fayetteville and a lover of the outdoors, I was immediately enthused by this proposal. My personal exploration of the Kessler mountain trails has brought me a great deal of enjoyment and relaxation in a setting that is much more accessible than other outdoor destinations in our area. Aside from the enjoyment of such a close "green space" in my neighborhood, I have seen that it has brought together a community of like-minded outdoor enthusiasts and given them a means to put their energy toward creating a beautiful green space that not only provides opportunities for enthusiasts of outdoor pastimes but also protects natural resources in a way that will benefit all residents of Fayetteville. Furthermore, I have personally spoken with several individuals from Benton and Madison Counties that have taken notice of this trail system and have made trips to Fayetteville specifically to hike or bike on these trails. As the trail system grows, I can't help but believe that this will continue to draw attention from non-residents and provide opportunities for them to come to Fayetteville and enjoy our green spaces and invariably feed money into the Iocal economy. Finally, as an educational tool, I believe that this green space will also contribute greatly toward the creation of future generations that value the great outdoors and recognize the importance of maintaining these green spaces in the setting of a growing urban center_ As such, I urge you to consider this purchase. I can think of no better way to benefit the environment while also benefitting local residents; all in a way that contributes to the unique nature of Fayetteville, helping it continue to stand out amongst the other communities of Northwest Arkansas. Thank you for your time and consideration. Sincerely, r Ashley Totten RECEIVED FEB 13 2014 �tr� ctC99W Dear City Council Members: nA•yt� -- 4736 W Plymouth Rock PI Fayetteville, AR 72704 February 10, 2014 This letter is written to express strong support for the proposed purchase of the property on Kessler Mountain. As a city taxpayer I firmly believe that this is one of the best uses of our funds that can be made, and all the more so in view of the leverage by means of matching funds being made available. Having that scenic plot of land will be a great asset for our way of life, and all the more so when it becomes integrated into our extensive bike trail system. Improvements such as these were just the kinds of things that contributed to my selection of Fayetteville for my retirement home. This is the kind of development that will undoubtedly be reflected in the appreciation of land values as the years go by. Sincere Our , - rederick L. Paille RECEIVED FEB 13 2014 To: Mayor Lioneld Jordan and City Council Members CITY CHER S OF ICE Dr. M Schoppmeyer Ms. Rhonda Adams Mr. Alan Long Mr. Justin Tennant Mr. Matthew Petty Mr. Mark Kinion Ms. Sarah Marsh Ms. Adella Gray Subject: Purchase of Kessler Mountain parcel I support the use of necessary reserve funds to purchase the parcel of land on Mt. Kessler as will be proposed at the February 18 City Council Meeting. I have hiked on the trails there and believe that acquisition of this unique property will have long-term benefits to Fayetteville residents and businesses. Please take advantage of this once-in-a-lifetime opportunity to make this area available to everyone forever at a bargain price. Tha ou foyr yot4r consideration. Ge a Milus 6615 Huntsville Road Fayetteville RECEIVED FEB 13 2014 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Feb. 10, 2014 Fayetteville, AR Mayor Jordan and the City Council, We have always admired Fayetteville for its beauty and managed greenspaces. For years we lived in a beautiful spot deep in the country, overlooking the White River valley. However, we wanted to live in Fayetteville for the convenience. We were faced with the difficulty of leaving our beloved natural space. But then we discovered a magical place called Mount Kessler. We could have it all: the glory of nature and the convenience of a charming, progressive city. The Rock City Trail is one of our favorite features of Fayetteville and the addition of more wilderness trails is very exciting to us. We are very hopeful that the city will purchase this land for us all to have a shared piece of paradise. George and Sherri Adams 2163 Smokehouse Tr. Fayetteville, AR 72701 4-� Own . � . ---I. d Carol Daggett LANDSCAPE GARDENER designing colorgardens since 1980 + M Sc. Ornamental Horticulture F P.O. Box 3651, Fayetteville, AR 72702 • 479-521-1705 • cell 479-841-6635 • February 11, 2014 To Fayetteville Mayor and Councilmen/Councilwomen: RECEIVED FEB 13 2014 QTY OFFAYE! t_•v;LLE CITY Ci FRK`'> F,CF Mayor Lioneld Jordan, Adella Gray, Mark Kinion, Sarah Marsh, Matthew Petty, Justin Tennant, Martin W. SchoppmeyerJr., Rhonda Adams, Alan Long I wish to urge you all to vote "yes" on the funding for purchasing and preserving Kessler Mountain/Reserve. I have hiked the trails with friends several times at different seasons of the year, and it is absolutely beautiful whenever I go. The trees, the birds, the small animals, wildflowers, mushrooms, mosses on this land deserve to be saved for the future. It really is a treasure to have such a wonderful piece of property so natural and so close to the city. The awareness and foresight of the people who have rallied for buying this piece of property is truly commendable. The acreage is not only beautiful, but is and will be educational for people of all ages, and can actually create happiness in anyone who ventures to walk a trail or two ("The Nature Principle" by Richard Louv, 2011). Kessler will definitely add to our great quality of life here in Fayetteville. Thank you so much for reading my note. Carol Daggett Horticulturist Fayetteville area resident since 1972 PO Box 3651, Fay AR 72702 carold1226@sbcglobal.net 479-521-1706 RECEIVED FEB 13 2014 Branson, Lisa CITY OF FAYETrEVILLE From: Smith, Sondra Sent: Thursday, February 13, 2014 3:47 PM To: Adams, Rhonda; Branson, Lisa; Broyles, Lana; Eads, Gail; Gray, Adella; Johnson, Kimberly; Mayor, Kinion, Mark; Long, Alan; Marr, Don; Marsh, Sarah; McCoy, Dee; Mulford, Patti; Pennington, Blake; Petty, Matthew, Roberts, Gina; Schoppmeyer, Martin; Smith, Lindsley, Smith, Sondra; Tennant, Justin; Williams, Kit Subject: FW: Park -----Original Message ----- From: Betty Harrison [mailto:bettybear3@yahoo.com) Sent: Wednesday, February 12, 2014 9:38 PM To: Smith, Sondra Subject: Park Dear Mam, would you please inform the council that I know many peaple who will not be at the meeting, who are 100 present in favor of the Mt Kesslor Park. Thank you , Betty Harrison Sent from my iPhone February 13, 2014 Mayor Lloneld Jordan and City Council. I urge you to purchase the Mt Kessler Reserve. RECEIVED FEB 18 2014 CITY OF FAYETTEVILLE MAYOR'S OFFICE Some will object that we shouldn't spend tax money on such a project. A few will hope they will be able to buy say 50 acres for their housing project development. Of course, some set of objections could become the "excuse" for not taking , advantage of this opportunity. But Walton Family Trust's willingness to pay half the cost clearly makes it a good deal for Fayetteville. This won't do me:much good because I have become so old andidecrepit that I can't go hiking anymore. Nevertheless, I believe a large multi-purpose park in southwest Fayetteville, even if it takes several years for full development, would become a wonderful facility for all of us. This is a once in a generation opportunity to do something very special for Fayetteville. Sincerely, John W King 590 E Village Drive Fayetteville, AR 72703 -r FW4 a, I r &" Z.o (If RECEIVED FEB 18 2014 CITY OF FAYEfTEVILLE CITY CLERK'S OFFICE �.a.a Mar Jtz Aa44 w..d c.6y cm,nV� w.w�.w, am. "[�a A�O � JKJ 11tj / &V6e�. 4q � A� l .%'h a -t"5 4::�-dd Elk rur IlAo.o� �.-'Ylsw Gg.2.ml "�0 (�+1e+1� a�zd�� a� lk4.4A dkA4,i* A oOt-*,jo2- 4-v" A --,n c) � vA 1�ay�et�u:lCe , � 7z7o�-Ss*r3 'fyz-u.13q To whom it may concern: RECEIVED FEB 19 2014 Ci D' Cjr FAYEfTEVILLE CITY CLERK'S OFFICE I am a resident of Fayetteville and a student at the University of Arkansas. I personally enjoy all that Mount Kessler offers, and it is my understanding that they are hoping to expand the acreage to create a reserve. I would like to state that I am in favor of creating a reserve for Mount Kessler. I think voting in favor of the enlargement will create many opportunities that will benefit all the visitors as well as residents in that area. Thank you for your consideration, Katherine Thompson LAND PURCHASE AGREEMENT, EQUAL VALUE LAND SWAP AGREEMENT AND ACCEPTANCE OF PARKLAND DEDICATION TO BANK FOR FUTURE DEVELOPMENTS AGREEMENT This Land Purchase Agreement is made and entered into by and between the City of Fayetteville, Arkansas, a municipal corporation of the State of Arkansas (hereinafter "City" or "Fayetteville") and Chambers Bank, an Arkansas chartered bank. The Equal Value Land Swap Agreement and Acceptance of Parkland Dedication to Bank for Future Development Agreement are also entered into by and between the City of Fayetteville and Chambers Bank as a part of this overall agreement. (1) The City of Fayetteville is empowered to and by this Agreement agrees to purchase about 328 acres of land from Chambers Bank for THREE MILLION DOLLARS ($3,000,000), swap equal value parcels of land with Chambers Bank, receive a Multi -Use Trail Easement from Chambers Bank, accept a parkland dedication of 47.75 acres from Chambers Bank to be banked for future development (as approved by the Fayetteville Plaru-iing Commission) and -to sign all necessary documents to effectuate this Agreement by Resolution No. 40-14E approved by the Fayetteville City Council and signed by Mayor Jordan on February 18, 2014. A copy of. this Resolution certified by the Fayetteville City Clerk is attached as Exhibit A to this Agreement. (2) Chambers Bank is empowered by its Board of Directors and/or Chief Executive Officer to enter into this Land Purchase Agreement, Equal Value Land Swap Agreement, and Acceptance of Parkland Dedication to Bank for Future Development Agreement and by this Agreement does enter into those Agreements and agrees to sell and convey by Warranty Deed about 328 acres of land to the City of Fayetteville for THREE MILLION DOLLARS ($3,000,000), swap equal value of Iand and a Multi -Use Trail Easement with Fayetteville and dedicate about 47.75 acres as parkland to be banked and used in future development. x I. LAND PURCHASE AGREEMENT (1) The City of Fayetteville agrees to purchase about Three Hundred and Twenty Eight (328) acres more: particularly described by the Warranty Deed attached as Exhibit B to this Agreement for the sum of THREE MILLION DOLLARS ($3,000,000) from Chambers Bank. Fayetteville agrees to pay this THREE MILLION DOLLARS ($3,000,000) by its check at the Closing for this property in exchange .for Chambers Bank's proper delivery of fully executed Warranty Deeds (Exhibits B & D), the Multi -Use Easement (Exhibit E), and any other necessary documents. (2) Chambers Bank agrees to sell and convey to the City of Fayetteville about Three Hundred and Twenty Eight (328) acres more particularly described by the Warranty Deed attached as Exhibit B to this Agreement in exchange for THREE MILLION DOLLARS ($3,000,000) and the City's proper delivery of all other fully executed documents required by this Agreement. (3) Chambers Bank shall furnish and pay for a policy of title insurance in the amount of the purchase price (Three Million Dollars) from a reputable title insurance company selected by Chambers Bank for the property described in Exhibit B. II. EQUAL VALUE LAND SWAP AGREEMENT As part of this overall real estate agreement, the City of Fayetteville and Chambers Bank have agreed that Chambers Bank will convey to the City of Fayetteville parcels of land and trail easement for an equal value of land that the City will convey to Chambers Bank. (1) The City of Fayetteville agrees to convey to Chambers Bank by Warranty Deed (attached as Exhibit C) three parcels of land totaling about 38.6 acres in an equal value exchange for about 36.5 acres that Chambers Bank will convey to Fayetteville by Warranty Deed and a Multi -Use Trail Easement. 2 (2) Chambers Bank agrees to convey to the City of Fayetteville by Warranty Deed (attached as Exhibit D) about 36.5 acres of land and a Multi -Use Trail Easement (attached as Exhibit E) in an equal value property exchange for the City of Fayetteville's conveyance of about 38.6 acres to Chambers Bank. III. ACCEPTANCE OF 47.75 .ACRES OF PARKLAND DEDICATION TO BE BANKED FOR FUTURE DEVELOPMENTS AGREEMENT In order to increase the size and utility of Fayetteville Regional. Park on and near Mt. Kessler, Chambers Bank has offered to dedicate about 47.75 acres which are contiguous to other land being acquired by the City of Fayetteville for the Regional Park in this Agreement. The City of Fayetteville and the Fayetteville Planning Commission have properly agreed that Chambers Bank will be allowed to bank this 47.75 acres of dedicated parkland which may be accessed, used or assigned by Chambers Bank in the future to offset residential development parkland dedication requirements within this quadrant of the City. (1) Chambers Bank agrees to convey by Warranty Deed (attached as Exhibit F) to the City of Fayetteville about Forty Seven and Three Quarters (47.75) acres to be used as City parkland. (2) The City of Fayetteville (with the UDC required approval of the Fayetteville Planning Commission already secured) accepts this conveyance of about 47.75 acres as parkland dedication and agrees that this dedication will be banked for the future use or assignment of Chambers Bank to offset future parkland dedication requirements within this quadrant of the City. 3 IV. GENERAL CONDITIONS (1) Closing Date, Place and Costs Closing shall occur no Iater. than March 31, 2014. The Closing shall occur at 113 West Mountain Street, .Fayetteville, Arkansas in a room supplied by the City of Fayetteville. Closing costs (not to Include title insurance costs, revenue stamps, taxes, etc.) shall be equally shared by the City and Chambers Bank. Both parties are responsible for Circuit CIerk filing fees for documents in which they are the grantee. The Closing Agent shall be approved by both parties prior to closing. (2) Date of Possession Possession of all conveyed parcels and easements shall be delivered to the City or Chambers Bank as .grantees on the date of Closing. (3) Real Estate Taxes Real estate taxes shall be prorated in customary fashion to the date of Closing. (4) Broker/Real Estate Agent Neither party has been represented by a broker and real estate agent and neither shall be responsible to pay any brokerage fees of the other party. (5) Authority Each of the undersigned individuals represents and warrants that they are authorized to enter into this Agreement on behalf of their respective entities and that execution hereof will bind the entities to this Agreement 4 (6) Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the samc agreement. (7) Applicable Law This Agreement shall be construed and enforced in accordance with the laws and public policies of the State of Arkansas. (8) Survival The representations, warranties, and agreements of the parties contained herein shall survive the closing date. (9) - No Waivers The waiver by either party hereto of any condition or the breach of any term, covenant or conditions herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. (10) Time of Essence Time is of the essence in this Agreement_ (11) Severability If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity, it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. 5 (12) Complete Agr•eettierit All understandings and agreements heretofore existing between the parties are merged into Chis Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind. the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to the parties at closing. CITY OF FAYETTEVILLE A MunicipaI�orporatign an yor J Date: Attest: 26c, 141ti-e-', e- 4..,i/, Sondra Smith, City Clerk Date: 1 /L/ M CH"BERS BANK An Arkansas Chartered Bank 4I ✓,John Ed Chambers III n Title: Date: EXHIBIT A RESOLUTION NO. IL -U CERTIFIED A RESOLUTION TO AUTHORIZE MAYOR JORDAN '1'O APPLY FOR AND ACCEPT A 50150 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $1,500,000.00, TO USE THIS GRANT AND $1,600,000.00 OUT OF RE -SERVES TO PURCHASE ABOUT 328' ACRES OF MT. KESSLER FROM CHAMBERS BANK AND TO BUILD A TRAILHEAD, TO APPROVE A LAND SWAP WITH CHAMBERS BANK, TO SUPPORT A PARKLAND DEDICATION OF ABOUT 48 ACRES FOR FUTURE PARKLAND CREDIT AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville leas a unique opportunity to work with the. Watton Family Foundation, Fayetteville Natural Heritage Association and Chambers Bank to acquire and preserve 376 acres of Mt. Kessler for $3,000,000.00 and parkland dedication so that the Regional Park will grow to almost 600 contiguous acres of amenities running the gamut from developed sports fields to mountain biking and nature trails; and WHEREAS, the City will also need to spend about $100,000.00 from reserves to develop a public trailhead for the many nature, hiking, biking and recreational trails already established and to be established and enhanced as part of the Regional Park. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: 'on 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the City of Fayetteville application for the 50150 matching grant with the Walton Family Foundation, extends its deepest appreciation and gratitude to the Walton Family Foundation for this grant, agrees to accept and match this $1.5 million donation with City funds from reserves, agrees to use this Three Million Dollars to purchase about 328 acres from Chambers Bank, agrees to build the public trailhead for about $100,000.00 from reserves and authorizes Mayor Jordan to sign all necessary documents and agreements necessary to accomplish this grant, purchase and project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to support and recommend that the Fayetteville Planning Commission accept a parkland dedication of about 48 acres by Chambers Bank to be used for future parkland credit. 'on 3:. That the City Council of the City of Fayetteville, Arkansas hereby agrees to swap those parcels of City land with Chambers Bank for the Chambers Bank parcels and trail easements all as identified on the map attached to this Resolution as Exhibit A. CERTIFICATE OF RECORD City of Fayetteville State of Arkansas I,Sondra E. Smith, City ClarklTmasurer for the City of Fayetteville, do hereby certify that the foregoing Instrument is a true and correct copy of t origi I d In my office on the — zr day hand and seal tis �y of .s�L'dip --Soridra ' E. Smith. City CleN I reasuW CERTIFIED Page 2 Resolution No. 40-14 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment recognizing grant revenue of $1.5 million from the Walton Family Foundation and expenditures of $3.1 million for purchase of the Mt. Kessler property mid construction on th© trailhead. PASSED and APPROVED this 180` day of February, 2014., AVIDDAUTUl- ATTEST: CITY of FAYETTEVILLE, ARKANSAS CHECK NO. Al F77n DETACH HERE FOR YOUR RECORDS 1194 i6 7 701' 1:08 290❑8 7 21: 484 i9844ir'❑6 ��ragre��e I ro�� City of Fayetteville Staff Review Form 2016-0206- Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ken Eastin 4/7/2016 Parks & Recreation / Parks & Recreation Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of change order one to professional design services contract with Progressive Trail Design for a net contract increase of $1,061 for preparation of the Kessler Mountain Master Trails Plan. Budget Impact: 4479.9470.5314.00 Sales Tax Account Number Fund 14013.1 Kessler Mountain Acquisition Project Number Project Title Budgeted Item?. Yes Current Budget $ 67,690.00 Funds Obligated $ 6,280.00 Current Balance $ 61,410.00 Does item have a cost? Yes Item Cost $ 1,061.00 Budget Adjustment Attached? No Budget Adjustment Previous Ordinance or Resolution k 40-14 Original Contract Number: Comments: Remaining Budget $ 60,349.00 V20140710 Approval Date: — � B - ( (J CITY OF Tay �e ARKANSAS TO: Mayor Jordan THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent FROM: Ken Eastin, Park Planner DATE: April 06, 2016 STAFF MEMO SUBJECT: Approval of Change Order One with Progressive Trail Design for changes to the Master Trails Plan professional services contract RECOMMENDATION: Staff recommends approval of change order one to professional design services contract with Progressive Trail Design for a net contract increase of $1,061 for preparation of the Kessler Mountain Master Trails Plan. BACKGROUND: Progressive Trail Design (PTD), a professional trails construction/ planning company, was selected through a "Request for Proposal' process for the development and preparation of a master trails plan for improvements to the existing trails system and recommendations on new trails to meet expected hiking and bicycling user needs at this newly acquired park facility. The process began on August 31d, 2015 with an initial meeting of selected and invited stakeholders formed as a steering committee for preparation of the plan. This committee has provided an active guiding force in steering the direction of the plan. DISCUSSION: Originally, the consultant established a framework of four stakeholder meetings and three public input sessions, estimating a time total of 16 hours involved in meetings. Instead, the process resulted in five stakeholder meetings and two public sessions; however, two of the stakeholder meetings were facilitator driven, resulting in meetings lasting much longer than originally anticipated. This was the result of decisions made by City staff and not the consultant. This resulted in a total of eight hours of unforeseen additional consultant time over the previously estimated 16 hours. This change order is requested as compensation for this additional time. BUDGET/STAFF IMPACT: The total cost increase for the change order is an additional $1,061. This amount is available in the project contingency, leaving a balance of $1,571. The total change in contract is as detailed below: • Original Contract Amount $26,320 • Requested Change Order One $ 1,061 • Revised Contract Amount $27,381 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 PROGRESSIVE TRAIL DESIGN, LLC. CHANGE ORDER REQUEST: Project: Kessler Trails Master Plan Client: City of Fayetteville Date: 4.5.16 DESIGN•BUILD-MDE Scope of Work: This change order request is for the additional meeting time at the Stakeholder Meetings. The contract had estimated 16 hours of meeting time. We exceeded that time by 8 hours. This includes PTD and ALTA time for these meetings and are based on the Hourly Rate Schedule included in the contract. Estimate: Item: Unit: Unit Price: Est. Quantity: Total: PTD Lead Designer HR $100.00 5 $500 ALTA Planning & Design HR $187.00 3 $561 Total Change Order: $1,061.00 Original Contract Amount: $26,320.00 New Contract Amount: $27,381.00 Signatures: CLIENT: Signature: Printed Nam Title: rnCk-\ Client: CONTRACT/OR: W v ` ¢� 4.5.2016 Nathan Woodruff (Woody) - President & Founder Date PROGRESSIVE TRAIL DESIGN, LLC — 3589-3 N. SHILOH DR. #222, FAYETTEVILLE, AR 72703 woody@progressivetraildesign.com - 479.966.0286 PROGRESSIVE TRAIL DESIGN. LLC. 410 SW A. STREET, SUITE #4, BENTONVILLE, AR 72712 RESOLUTION NO. 105-15 A RESOLUTION TO AUTHORIZE A PROFESSIONAL DESIGN SERVICES AGREEMENT WITH PROGRESSIVE TRAIL DESIGN, LLC FOR THE PREPARATION OF THE KESSLER MOUNTAIN TRAILS MASTER PLAN IN AN AMOUNT NOT TO EXCEED $26,320.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNTOF $2,632.00.00 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 the Mayor to sign a Professional Design Services Agreement with Progressive Trail Design, LLC for the preparation of the Kessler Mountain Trails Master Plan in an amount not to exceed $26,320.00, and further approves a project contingency in the amount of $2,632.00. PASSED and APPROVED this 2nd day of June, 2015. ATTEST: By: ' nioda& rf• !� SONDRA E. SMITH, City Clerk Treasurer `���p�%K 1Tii1t�. � F,R . RF ., Q. Ems; FAYETTEVILLE"= i�"/'y/VG '411111111110, o1N,C�% City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 m (479) 575-8323 Text File File Number: 2015-0253 Agenda Date: 6/2/2015 Version:1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 PROGRESSIVE TRAIL DESIGN, LLC A RESOLUTION TO AUTHORIZE A PROFESSIONAL DESIGN SERVICES AGREEMENT WITH PROGRESSIVE TRAIL DESIGN, LLC FOR THE PREPARATION OF THE KESSLER MOUNTAIN TRAILS MASTER PLAN IN AN AMOUNT NOT TO EXCEED $26,320.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,632.00 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 the Mayor to sign a Professional Design Services Agreement with Progressive Trail Design, LLC for the preparation of the Kessler Mountain Trails Master Plan in an amount not to exceed $26,320.00, and further approves a project contingency in the amount of $2,632.00. City or Fayetteville, Arkansas Pagel Printed on 528/2015 City of Fayetteville Staff Review Form 2015-0253 Legistar File ID 6/2/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Parks & Recreation / Alison Jumper 5/15/2015 Parks & Recreation Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with Progressive Trail Design, LLC in the amount not to exceed $26,320 for the preparation of the Kessler Mountain Trails Master Plan and a 10% project contingency of $2,632. 4479.9470.5314.00 Account Number 14013.1 Project Number Budgeted Item? Yes Budget Impact: Sales Tax Fund Kessler Mountain Acquisition Project Title Current Budget Funds Obligated Current Balance $ 89,585.00 $ 105.00 $ 89,480.00 Does item have a cost? Yes Item Cost $ 28,952.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 60,528.00 V20140710 Previous Ordinance or Resolution k 40-14 Original Contract Number: Comments: Approval Date: I CITY OF Taye evi le ARKANSAS MEETING OF JUNE 2, 2015 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Connie Edmonston, Parks and Recreation Director Don Marr, Chief of Staff FROM: Alison Jumper, Park Planning Superintendent DATE: May -15, 2015 SUBJECT: Resolution to approve a contract with Progressive Trail Design, LLC for the Preparation of the Kessler Mountain Trails Master Plan RECOMMENDATION: Staff recommends approval of a contract with Progressive Trail Design, LLC in the amount not to exceed $26,320 for the preparation of the Kessler Mountain Trails Master Plan and a 10% project contingency of $2,632. BACKGROUND: The City of Fayetteville purchased and preserved over 350 acres on Kessler Mountain in a partnership with the Walton Family Foundation, Chambers Bank and the Fayetteville Natural Heritage Association in 2014. Located on the southwest edge of Fayetteville in Washington County, Kessler Mountain reaches 1,856 feet above sea level. The area consists of steep bluffs and rock -covered woodlands with miles of nature trails that traverse through stands of old- growth forest, rock outcroppings showcasing many native flora and fauna species. Mr. Jeremy Pate noted in his February 4, 2014 memo to the City Council for the purchase of the land that the city's vision is to utilize already forged partnerships with the Mt. Kessler Greenways Advocates, Fayetteville Natural Heritage Association, Ozark Off -Road Cyclists, the International Mountain Bicycling Association, the University of Arkansas, Fayetteville Public Schools and others to develop programs at Kessler Mountain that emphasize and expand upon established outdoor recreation in the form of mountain biking, hiking, and nature study. We plan to use these relationships to continue the design, development, expansion and long-term maintenance of the Kessler Mountain trail system for recreational use; to foster working outdoor classrooms and laboratory spaces for use by the University and surrounding schools; to provide for the study of native Arkansas flora, fauna and geologic rock formations; to promote awareness of watershed and natural resource preservation; and to provide places for healthy, active lifestyles for future generations' wellbeing. Additionally, Resolution 40-14 stated the City will also need to spend about $100,000 from reserves to develop a public trailhead for the many nature, hiking, biking and recreational trails already established and to be established and enhanced as part of the Regional Park. i Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: In an effort to move forward with fullfilling the commitments and visions setforth by the City Council through the approval of Resolution 40-14, a Request for Proposal (RFP) 15-02 was drafted and advertised on March 16, 2015 and opened April 10, 2015. Two proposal were submitted. Progressive Trail Design, LLC was selected through a selection committee on April 22, 2015 to prepare the trails master plan. If approved, staff will work with Progressive Trail Design to establish a stake holder group and begin hosting public meetings in June to gather input. The public input process will be very important and will focus on addressing a variety of user groups. Once a final plan is developed, it will be presented to the Parks and Recreation Advisory Board and the City Council. The master plan is anticipated to be complete in the fall 2015 and will recommend near, mid and long term project priorities for existing trails as well as trail development and expansion. BUDGETISTAFF IMPACT: Total cost for the trail master plan is not to exceed $26,320. Funding for the project is provided through the Kessler Mountain Acquisition Project number 14013.1. Attachments: RFP 15-02 List of Submittals Resolution 40-14 Progressive Trail Design, LLC Proposal Submittal Signed Agreement with Progressive Trail Design, LLC Purchase Order Request CITY OF aye qe Me City of Fayetteville, Arkar RFP 15-02, Mount Kessler Trails Master List of Proposals Received: 04.1 1 Crosslantl Construction Company Inc Phil Penny 479-721.3150 en crosslandc.struction.com 1800552nd St Ste410 Rogers AR 72758 2 Progressive Trail Design LLC ealhan woodruff 479966-0286 wootivrcloronressiycyaildesien com 3589.3 .5 Shiloh Dr p222 rayeneville AR 77704 Ur -M Pe 1dI un uyw.¢.nvmrs..0 RESOLU'T'ION NO. 40-14 A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO APPLY FOR AND ACCEPT A 50/50 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $1,500,000.00, TO USE THIS GRANT AND $1,600,000.00 OUT OF RESERVES TO PURCHASE ABOUT 328 ACRES OF MT. KESSLER FROM CHAMBERS BANK AND TO BUILD A TRAILHEAD, TO APPROVE A LAND SWAP WITH CHAMBERS BANK, TO SUPPORT A PARKLAND DEDICATION OF ABOUT 48 ACRES FOR FUTURE'PARKLAND CREDIT AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT - WHEREAS, the City of Fayetteville has a unique opportunity to work with the Walton Family Foundation, Fayetteville Natural Heritage Association and Chambers Bank to acquire and preserve 376 acres of Mt. Kessler for $3,000,000.00 and parkland dedication so that the Regional Park will grow to almost 600 contiguous acres of amenities running the gamut from developed sports fields to mountain biking and nature trails; and WHEREAS, the City will also need to spend about $100,000.00 from reserves to develop a public trailhead for the many nature, hiking, biking and recreational trails already established and to be established and enhanced as part of the Regional Park. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the City of Fayetteville application for the 50/50 matching grant with the Walton Family Foundation, extends its deepest appreciation and gratitude to the Walton Family Foundation for this grant, agrees to accept and snatch this $1.5 million donation with City funds from reserves, agrees to use this Three Million Dollars to purchase about 328 acres from Chambers Bank, agrees to build the public trailhead for about $100,000.00 from reserves and authorizes Mayor Jordan to sign all necessary documents and agreements necessary to accomplish this grant, purchase and project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to support and recommend that the Fayetteville Planning Commission accept a parkland dedication of about 48 acres by Chambers Bank to be used for future parkland credit. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby agrees to swap those parcels of City land with Chambers Bank for the Chambers Bank parcels and trail easements all as identified on the map attached to this Resolution as Exhibit A. Page 2 Resolution No. 40-14 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment recognizing grant revenue of $1.5 million from the Walton Family Foundation and expenditures of $3.1 million for purchase of the Mt. Kessler property and construction on the trailhead. PASSED and APPROVED this 18" day of February, 2014. APPROVED - By: ATTEST: By: Ala,� 4f- A,.,. a SONDRA E. SMITH, City Clerk/Treasurer GSTY ;;_. F flYET1'FVitl.! Vii. C 'in c i 2 Progresgive Trail Design (PTD), ALTA Planning &'Ozark Ecological, Restoration Inc: (OEM) have chosen to team for this project in order to provide the best possible plan for Mt. Kessler and the City of Fayetteville. We have assembled a dynamic team of local individuals that provides expertise in all areas of this project. PTD will provide trail design expertise with the assistance of OERI as the environmental consultation in the field, and ALTA will facilitate the public input process. Progressive Trail Design has been designing and building trail since 2006. We started in Fayette- ville and almost all of our team still call it home. Many of us cut our teeth riding and building on Mt. Kessler. Many of us were involved in the movement to save Kessler. Needless to say this mountain is very special to us. It is one of the last remaining large green spaces in our City and we recognize its potential to be one of the premier city parks and trail systems in the State and beyond. We know this mountain well and have worked with all stakeholders to assist in preserv- ing the unique experience that we all love. We hope to expand on that through our expertise in trail development. PTD has worked with a wide variety of land managing agencies across the country on projects ranging from ADA Accessible Trail, such as Martin Park, OKC, to Museums, such as Crystal Bridges, to State Parks, such as Devil's Den, to comprehensive Master Trails Plans, such as the one we are currently working on Pitkin County, CO (AspenlSnowmass Area). Our experience in sustainable soft -surface trail design and our experience in working with land managers, differ- ent user groups, and other stakeholders sets us apart. The role of PTD for this project is to conduct all the field work with the assistance of OERI to ensure that the Ecological Assessment, by Theo Witsell is properly interpreted on the ground as we work through the design. We will elaborate more on the process in the section on "Project Approach". Alta Planning + Design is North America's leading multi -modal transportation firm that special- izes in the planning, design, and implementation of bicycle, pedestrian, park, and trail corridors and systems. Founded in 1996, Alta has more than 135 staff in 28 offices across North America. On any given day, most staff walk, bike, or take transit to work. We are committed to transform- ing communities, one trip at a time, one step at a time, and one street, inter- section, and park at a time. sn-W I• - _ D. inQL._f: � r i'� Nathan"Woody" Woodruff ' President & Founder' Woody is the founder of PTD and the overall project coordinator. With a diverse set of credentials and experi- ences, including, landscape business owner (7 years), home renovations contractor, event promoter, world traveller and a masters degree in teaching, Woody has developed the necessary skills to manage projects and communicate to a wide-ranging group_ Drawing on a background in freeride mountain biking, Woody spe- cializes in the design of bike parks and progressive trail features. He has put together a very diverse and multi -skilled team that he has worked with for many years on a variety of different projects. His skills lie in the ability to execute the logistics of the project and synchronize all the members to ensure a smooth efficient operation. Experience: • Master of Arts in Teaching (U of A 20077). • Bachelor of Arts Anthropology (U of A 2003). • Outdoor Education (N.O.L.S.1996). • Bu sine\ss Owner; Wood)es LaN>n & Landscape (1999-2007)- /J Associations E t Professional Trail Builders"Association Member'(since 2009) International Mountain Blcydclg Assodation Member"" • ', • Ozark Off -Road Cyclist,Member A, f � a , � Chris Crone Project Manager, Crone's skills are undeniable. He s probably the most diversely talented individual the team boasts when it comes to construction Equally at home on machines; doing carpentry or landscaping, his attention to detail ensures our,projects have the finishing touches 4' - - -..F f.'.'— that define`dassy". A great all around guy to be around: He pro-_ jects a real human touch in his work. Experience:`• - • Owner- Christopher Crone's Building (1999-2008} ' • Master Carpenter, • Trail/Bike Park Operator ' 1. rel. "`. - Jr` �:•. �-P-U;IS Uj PUB 13U ;)P jejU3UlUOJIAU9 UB ST I tl� 4 I � 711 U TraiI's ide Bike"Par`k !"'"Park City; Utah fi S` PTD was contracted by Snyderville Basin Special Recreation District to` design and build a multiple phase all-inclusive bike park at Trailside Park in Park City UT Phase l.was completed m the spring of 2011 -and consists of - a beginner flow trail beginner skills trail pumpt•rack and an intermediate slopestyle trail. We have been workuig on the'ph'ase 2 design over the last y7. year and plan to startbudding summer of 2013" Phase 2 design consist of an ` .,expert slope style line, all mountain trail; pumptrack, and session zone .; IirM• Cnvilcnnll<RnFin Cnwinl -h -t;nn Tlmtr. 1` i a. .� "- .. 'z' -TF'Vev. 6A kpN W Crystal Bridges MlawUm - of AmericanA' rt. Bent6riville, Arkansas 57 Crystal Bridges is one of the premier American Art Museums in the world and, one of the most... unique buildings in Mid-America. We had the honor of developing two soft -surface trails on a' rA small piece of wooded property flanking the museum: "The Tulip Trail" and "Crystal S rt'st prings Trail" We surfaced the trail with an all-weather decomposed granite and punctuated it with - ": v, 1i .-nearly 100 stone risers, a CCC -style rustic cedar bridge and a myriad of custom stone IVUL The highlight of the trails is "Crystal Springe'fr:)m wince forth the soul of the Crystal Bridgis":: Z flows. Client: City of Bentonville & Bentonville/Bella Vista Trailblazers 1.. Contact: Scott Ecleston, Crystal Bridges -Director of Grounds & Facilities "j: lat Z ,ernail: Scott.Eccleston@ciystalbridges.org A PVAW�P OWU ML K) roLy r4ss i ve fr.'61 I'd e s i z n 4IRM Mart1 Nature Park Design " . s Oklahoma City, OK PTD began working with Wilderness Matters, a non-profit, and the City of OKC to develop; construction draw - for the renovation of Martin Nature Park Trails in 2013. We began with meetings with the City and the Wilderness Matters to determine what the end goals would be and the process by which "Wwould meet them. . The primary goal was to create a ADA Accessible trail by improving and realigning the existing trail. We chose . . 'a decomposed granite trail in order to create a natural experience that is also a very smooth' surface for..wheel chairs. We integrated native stone features and craftsmen style bridges to give the trail and state parklike feel. We ultimately ended up winning the build bid on the project and constructed it in 2014 .r � 3 -Client: Wilderness Matters, Inc.14 Contact: Jack McMaham email: jack@wildernessmatters.org F _ ig wilderness matters "T �01 ;J April ft7 mix ii�vhou, inaty'concern , 4 V-, . I q -lk- ,$� -,. - 4� n.t� My name iSjacl'M&MabanofWilder6i�iMittEry;ihLanon-profit dedicated - M.J. TX ��tirig cri essl&e natural experienc'es. 6 ;f �6�.o%"F first bia'il_'p`rojec' I . ! 4 renovation ,aMiiitiffi Nature Park in'OklaKomAity, OK The goal was to fund the `design and construction of a 'world-cla`ss6' -ee]7suffa�ce'accessi'bi'etrai-i natu Jr_V In order toachieve results and Imike'a final decision fo hire Progressive Trail Designs interviewed pack owners and managers fromf9 m4hicipal parks -1. r - -'across &'Nfied S6tes.lmetwit lik rangers pa ` ngers'working for the National Parks at Servicean the bilkty_@&Mifiator for the US �6r_est SeNijewho helped A eAccessi me understad- 'construction�and the beiiefits of n the concepts of sustainable trail -iselecting an experience professional trail builder' I joined the American Trail Associatioii andUi-di'their`6i6nce- met and interviewed the president of the Professional -xraii Builders Association Colle_c_tively, these energetic caring 41 ;' tC-proe', f helped me identify and interview five trail building compaine's who f g, � 12 ,"4, . 1. - � , �� " M +Ii ,bid onour artinPark., Through all of my research and ad hoc education my'confidence in Nathan "Woody"Woodruff and PTD continued to grow. With Woody's help we were able Ao fulfill a remarkable solution that captured M'yvision while protecting the, critical environment of th' e local nature park. But it wasn't until the PTD crews, went to work that I fully understood this company's ability to artistically..,,] interpret the landscape and artfully blend form with function to achieve remarkable re PTD has excelled in every aspect of their work with us. They delivered a beautiful trail that exceeded everyone's expectations. Our project was completed on time and on budg&t. They sourced local materials quickly and cost effectively. Their crews have always been on time, incredibly respectful and fully and personally invested in our success. It has been my pleasure to work with Progressive Trail Design. '. SinCerely, Jack McMahan Executive Djr6ctor' , 1112 Hc:vingiw Ave., Nichols Hilts. OK 731 i6 1408.746.0114 I TOWN o CASTLEf ROCK C o, o. e c o July 10, 2013 To whom it may concern, Since 2010, the Town of Castle Rock has had the pleasure to work with Progressive Trails Design (PTD) on several projects. We first became aware of PTD while soliciting bids through the Professional Trails Building Association. Since that time, PTD has exhibited extensive knowledge, professionalism and passion in developing sustainable trail systems and bike park facilities. Their suggestions and guidance during the process of developing our new trail systems was top notch. The Town's most popular trail system located on Ridgeline Open Space, originally built in 2008, offered 6.5 miles of single-track trails weaving through the bluffs and valleys above the Town. In 2010, the Town hired PTD to expand the trail system to accommodate a ten -mile continuous loop. PTD built an additional 7 miles of trail and completed the project on time and on budget. Furthermore, the trails that they had designed and constructed are in great shape and have required little, if no maintenance other than the expected clearing of vegetation to keep the corridor clear, truly a "sustainable trail". Today the trails at Ridgeline are well known and used by many up and down the Front Range bring in visitors and helping to spur the growth of Castle Rock. In an effort to keep up with new trends in the biking industry, The Town built the first phase of Rhyolite Bike Park in 2008. At that time, the park included a beginner downhill flow line with a return trail back to the top. In an effort to continue the development of the Bike Park, in 2010, the Town added an additional intermediate and advanced flow line with fabricated jump lips and a wall ride. The new addition was a success. However, the flow of the trails was an issue expressed by the park users; PTD was brought in to assist. PTD evaluated the site, reworked berths, consolidated small rollers into large tabletop jumps and greatly improved the flow of the courses. Furthermore, PTD added an additional mulch pit jump to the park. The changes were well received and the Town requested PTD to design and build a new session zone for the park. The new session includes a beginner, intermediate and advanced lines with jumps, rollers, berms and a curved wall ride off the advanced line. Again, the new feature was a huge success bringing in additional users and interest to the park. PTB successfully built the new session zone at a very fair rate and completed the project ahead of schedule. The Town of Castle Rock would absolutely use PTD on any future trail projects and would highly recommend them for such work. The Town has truly enjoyed working with Woody, Clayton and the entire team at PTD; they are professional, knowledgeable and bring great ideas to the table. Sinter, — Richard Havel, Trails Planner ------ _ Town of Castle Rock, Parks and Recreation Department 2301 Woodlands Blvd. Castle Rock, CO 80104 rhavel@crgov.com 720.733.4482 www.crgov.com Parks and Recreation Department = 2301 Woodlands Blvd Castle Rock, CO 80104 P: 303.814.7444 F: 303.660.1011 ' August 28, 2011 Re: Progressive Trail Design, LLC To Whom It May Concern: I have had the opportunity to work with Progressive Trail Design, LLC for the last five (5) years. During this time, Progressive has designed and built approximately twenty-two (22) miles of multi -use trails for the Bentonville/Bella Vista Trailblazers Association, Inc. Progress Trail Design has excelled in 1. Professional layout and design for the trails. They have done a very good job in working the trails into the hilly terrain that we have in Northwest Arkansas. 2. Developed comprehensive budgets that they live within. 3. Have a very good concern for the affect the trail will have on the environment and have worked to minimize the impact. 4. Have met their construction schedules. S. Have a great "EYE" for building trailheads and other trail features that make a strong statement to the ultimate trail user. a. Progressive has utilized a lot of native rock work on some of the specialized trails that lets the trail user know that they are utilizing a world-class trail network. 6. Have been very helpful in the design of signage for the various trails. The quality of our multi -use trails is having a strong economic impact for Northwest Arkansas. We have mountain bike riders coming from numerous states to ride our trails. I believe that Progressive Trail Design, LLC has shown that they are very capable of doing a professional job in designing and building top-notch trails and would recommend them for you next project. Sincerely, Bob Norwood Board Member and Head of Trail Construction P.O. Box 5774 Bella Vista. AR 72714 • Ao01(C)(3)Corporation r To whom it may concern, I am the Director of Trails and Grounds here at Crystal Bridges Museum of American Art. Over the past two years I have had the opportunity to work with Nathan at Progressive Trails, and it has been an incredible experience. Progressive Trail Design have given me faith that true craftsmanship is not dead, but very much. alive. They build their trails the right way, when other builders would have taken the easier route, Progressive chose the correct route. Each member of their team had a winning attitude and I thoroughly enjoyed seeing them on the trail. This World class museum hit a home run when we chose Progressive Trails to be our partner in this endeavor. If you have any questions, feel free to contact me at 479-418-5731. Thank you, Scott Eccleston U 4=�_ ms ansas® THE NATURAL STATE DEPARTMENT OF PARKS 8 TOURISM 1 Capitol Mall Little aoI -AR-77777 7 50101682.77ARKANSAS DEPARTMENT OF PARKS AND TOURISM Arkansas. cam History Commission 501.682-6900(VfM Ark-ives.amn Kee pANlAskin Devil's Den State Park B 501-682.3507 «arovlmnsmso="o= 11333 West Arkansas Hwy 74 P2 SCiMn 501-681-7741 N West Fork, Arkansas 72774 SMM Porks DMISlpn 501.652-1191(VITT) ArkonsmISlomPones.loam RE: Recommendation, Progressive Trail Design Tourism Drasion 501.682-7777(YM) As land manager at Devil's Den State Park, I highly recommend Progressive Trail Design (PTD) for all your trail needs. PTD has worked on a number of projects for the park. Those projects mikGOVVER ov vary from refurbishing trails, constructing new trails, building bridges and trail heads. RKWOW Dovies Some of the projects included working on our historical trails at Devil's Den. We want the EXECUTIVE DIRECTOR construction on those trails to blend in with the works of the Civilian Conservation Corps STATE PARKS, g p (CCC). This requires using stone steps and pavers in the CCC tradition. PTD also built bridges RECREATION misssio AEL connn that matched the rustic style of architecture (Park Architecture) of that period. Their work in icy c 19 earN this area is impeccable. In fact it is difficult to distinguish the difference between PTO's work serve Anneon and that of the CCUs. VICE*UURMAN Bill Donne; Dan" Fold When they are constructing new trail or rehabilitating old, they will follow the International Jim Goslon Mountain Bicycling Association's IMBA Dal.Gmy cY g ( )guidelines for building sustainable [rails. For the park oebro Nook this is extremely important. Trails built in the proper place using the correct techniques help SOD mightLinFlsey might limit maintenance problems which in turn saves funding. Mine Mills I have been around trail work for 20 years; PTD is the most professional group 1 have worked Ness SeWesl Jim slwmmger with.. All the projects at the park were completed on time, if not before, and above waaavnllioms expectations. Their latest project on the Fossil Flat Multi -use Trail is simply incredible. DIVISION DIRECTORS Lorry Da ile Please fee( free to contact me or any uniform staff at the park if you have any questions. ADMINISTRATION GI SURs STATE PARRS Joe Dand Rice TOURISM Srel NoClink6RRIVER ROAD Or. Wend RNAIw HISTORY COMMISSION ' Rosen Phelps j KEEPARKANSAS Tim V. Scott ' BEAUTIFUL Assistant Superintendent tim.scottCa)arkansas eov AN EQUAL 1.479'761.3325 OPPORTUNIm AFFIRMATIVE AC710NI ' AMERICANSYJITH DISABILITIESACT EMPLOYER ••fe 'Contractor Qualifications: Professional Trail Builders A=ssociation (PTEA) Members (since 2009). `Professional Liability' Insurance at minimum combined single limits of $5 0,000:: per -occurrence and $1;000,00 general aggregate Commercial,.GeneralrLiability Insurance at minimum combined single limits of $1;000,000 per -occurrence a id.$1,000,000 general aggregate.for bodily injury and ° :property damage, coverage'+nclu&es products/completedloperations ($1;000,000 products/ completed'operationsaggregate) °and XCU (Explosion, Collapse, Under - ground) hazards:. • Workers Compensation Insurance at statutory limits, including employer's liability coverage at mm:mum limits of $500,000 each -occurrence each accident/$500,000 by disease each-0ccurrence/$500,000 by disease aggregate.,- , 4 <: i • Commercial Automobile Liability Insurance at minimum combined single limitsof •' $1;000,000 per occurrence for bodily rn)ury and properly damage, including owned,. non -owned ih&hired car, coverage .F�a�..y.. ..�r�f +, bx il%x=a. `r-�* '. .r}...>^ '"-ik ic".t. •n ma � �6., 3i. _ F "�.„S Arkansas Contractors Licenses .y 4 S ” � Ct J{" ryF�.v.. d.,%Y �.4' � �4 I� F' •Y � �jx ��t.T�� !1 Qa %T ..' .. .ff 9191Y� r — `„ •C�;,�.a� ,F'� C'�F -'.. F., FL$ .F f Y.G i. Y JI ^,r i�L� ,.R is ��wi. li #� —Y. %WWW:pro'gressivetralId6sIgn co.m ��" *x 5f :' ;� 16 ... JE ��a/M... ..1 4 -. �. _ ._:<F. _wtil. '. •e.Vi: J'rZC:'-• �. ���YE-a-:DLLi •t a a... �K+LIE Wi.. 11 '-r��E .a t � r r 1, r 4 rlcl. N 4 c A 1'FIRM PROFILE d�,�7.' }Q2h"Y}y.,� �, �.. r�ti� -`z Alta's mission is to create active communities where bicycling and walking are safe, healthy, fun, and normal daily activities. Alta Planning + Design is North America's leading multimodal transportation firm that specializes in the planning, design, and implementation of bicycle, pedestrian, park, and trail corridors and systems. Founded in 1996, Alta has more than 135 staff in 28 offices across North America. On any given day, most staff walk, bike, or take transit to work. We are committed to transforming communities, one trip at a time, one step at a time, and one street, inter- section, and park at a time. EXPERIENCE We have expedence working with communities of all sizes, from a few thousand to millions, and from rural mountains and deserts to suburban and urbanized areas. We strive to tailor each project to the community's unique setting, history, and culture through an active public participation process. Alta staff are proud to have designed and implemented over 8,000 miles of bike- ways, walkways, and trails. DEDICATION Alta staff are at the forefront of the sustainable transportation movement. We are active in the Association of Pedestrian and Bicycle Professional (APBP), the Institute of Transportation Engineers, the Transportation Research Board, the Complete Streets Coalition, and have conducted national studies for the U.S. Department of Transportation. Alta is proud to be a co-author of the NACTO Urban Bikeway Design Guide, and a founder of the Initiative for Bicycle & Pedestrian Innyvation at Portland State University Alta provides afull rangeofservicesincluding • Master plans (bicycle, pedestrian, trail, open space, and park) • Public involvement • Landscape architecture and prcject design • Traffic engin tiering Greenway and corridor plans • Bicycle and pedestrian integration with transit • Bicycle and pedestrian facility design guidelines • Counts, surveys, and demand analysis • Complete Steels • Bicycle parking design Trail safety and sustainability audit • Signage and wayfinding plans • GIS and mapping services • Construction documentation and administration • Safe Routes to School studies and plans • Technical assistance and training • Education, encouragement, and marketing services • Bike share feasibility studies OFFICE LOCATIONS 5a ( A 1'FIRM PROFILE d�,�7.' }Q2h"Y}y.,� �, �.. r�ti� -`z Alta's mission is to create active communities where bicycling and walking are safe, healthy, fun, and normal daily activities. Alta Planning + Design is North America's leading multimodal transportation firm that specializes in the planning, design, and implementation of bicycle, pedestrian, park, and trail corridors and systems. Founded in 1996, Alta has more than 135 staff in 28 offices across North America. On any given day, most staff walk, bike, or take transit to work. We are committed to transforming communities, one trip at a time, one step at a time, and one street, inter- section, and park at a time. EXPERIENCE We have expedence working with communities of all sizes, from a few thousand to millions, and from rural mountains and deserts to suburban and urbanized areas. We strive to tailor each project to the community's unique setting, history, and culture through an active public participation process. Alta staff are proud to have designed and implemented over 8,000 miles of bike- ways, walkways, and trails. DEDICATION Alta staff are at the forefront of the sustainable transportation movement. We are active in the Association of Pedestrian and Bicycle Professional (APBP), the Institute of Transportation Engineers, the Transportation Research Board, the Complete Streets Coalition, and have conducted national studies for the U.S. Department of Transportation. Alta is proud to be a co-author of the NACTO Urban Bikeway Design Guide, and a founder of the Initiative for Bicycle & Pedestrian Innyvation at Portland State University Alta provides afull rangeofservicesincluding • Master plans (bicycle, pedestrian, trail, open space, and park) • Public involvement • Landscape architecture and prcject design • Traffic engin tiering Greenway and corridor plans • Bicycle and pedestrian integration with transit • Bicycle and pedestrian facility design guidelines • Counts, surveys, and demand analysis • Complete Steels • Bicycle parking design Trail safety and sustainability audit • Signage and wayfinding plans • GIS and mapping services • Construction documentation and administration • Safe Routes to School studies and plans • Technical assistance and training • Education, encouragement, and marketing services • Bike share feasibility studies OFFICE LOCATIONS ` Erin is a landscape architect with deep experience in residential, industrial, municipal, educational, commercial; and recreational development projects. His passion lies in greenway trail design, downtown enhancement projects, streetsca es and parks and recreation projects, and he was the Project Manager of record for eight miles of the NW Arkansas Razorback Regional Greenway. Erin's leadership and experience spans site and civil development from concept to construction documentation and administration. His expertise has been recognized through numerous American Society of Civil Engineering awards he has received for his work in Northwest Arkansas, including Turtle Creek Trail and Main Street Rogers Intersection Improvements. Education • BS, Landscape Architecture, Fay Jones School of Architecture, University of Arkansas, 1995 Registrations • Professional Landscape Architect in the States of Arizona #52568, Arkansas #5071, California #5173, Connecticut #942, Delaware #319, Indiana #21200025, Maryland #3145, Missouri #2001029338, Oklahoma #291, Pennsylvania #2628, Washington #889 Recent Projects: Northwest Arkansas Razorback Regional Greenway Erin is Alta's project manager developing construction documents and overseeing construction administration for the Razorback Regional Greenway. Previous to working at Alta, Erin assisted with initial routing studies, which included site inspection of the entire federally funded route by foot to identify ideal trail locations. His project coordination includes working with city officials, federal agencies, stakeholders, and property owners. Bella Vista Trails Master Plan, AR Erin served as project landscape architect to create a bicycle master plan for Bella Vista. Located in the Ozark Mountains of Northwest Arkansas, Bella Vista is looking to increase connections within the city and to regional recreational, cultural, and natural areas. Erin conducted field work, developed recommendations, and authored sections.:of the final plan document. . Northwest Arkansas Regional Bicycle;and `Pedestrian Plan Community Involvement • Benton County Leadership, 2000-2001 • Bentonville Industrial Development Committee • Rogers Economic Restructuring Committee • YMCA Board of Directors • Rogers Vision 2020 Committee • NWA Business Journal 40 under 40 • NWA Active Transportation Committee • Rogers Greenway Trail Committee Erin was the project landscape architect to develop a regional plan for improving bicycling and walking connections to support transportation, recreation, healthy living, community building, and economic vitality, using the NW Arkansas Razorback Regional Greenway as a spine that connects all the communities. The plan makes local and regional connections safer and accessible for all users and will be a guide for all communities in Northwest Arkansas to achieve Bicycle- and Walk -Friendly Community designations. Awards • ACEC Engineering Excellence Award, Clear Creek Residential Subdivision, 2004 • ACEC Engineering Excellence Award, Fountain Plaza, 2006 • ACEC Engineering Excellence Award, Otter Creek :Estates, 2008 • ACEC Engineering Excellence Award, Rogers Turtle Creek Trail, 2009 • ACEC EngineeringExcellence Award, Main Street Rogers Intersections, 2011 18 Bella. Vista Trail: and Greenway Master Trails Plan Alta is completing the Bella Vista Trail and Greenways Master Plan for the Bella Vista Foundation. The plan's goal is to increase pedestrian and bicy- clist opportunities for transportation and recreation, enhance safety; foster better access to community destinations, and create unique opportunities for active and healthy lifestyles in Bella Vista, Arkansas. The planning process began with a Kick -Off Meeting on June 2, 2014 and will continue through early 2015. The Kick -Off meeting was the first of four project Steering Committee meetings. The Steering Committee is made up of a combination of community representatives and stakehold- ers that is working to create a vision that will guide the planning process, and identify high priority trail and greenway corridors. Public involvement included two Community Open Houses, and the project team attended the Bella Vista Hay Days Fall Festival to discuss draft project ideas and receive public input. The workshops featured draft recommendations, and was used to gather input on potential priorities for improvements. Feedback from this will be used to produce final recommendations. 4 ,...Client: Belh Vist*a Foundation --bate: 20,14-2015 Reference::. Tom Pyatt, Director, (179) 903-4803 20 Northwest Arkansas Razorback Greenway Alta led a team of national experts to develop a regional greenways plan for NW Arkansas. The project involved prioritizing regional opportunities for creating trails that connect the commu- . nities of Bentonville, Fayetteville, Rogers, and Springdale. The project team worked with the NW Arkansas Metropolitan Planning Organization, the NWA Regional Planning Commission, and the Heritage Trail Partnership. The Multi -Use Trail System complements the 2002 Heritage Trail Plan, which is a regional network of automobile, bicycle, and pedestrian facilities that connects Northwest Arkansas citizens and visitors to heritage, recreational and cultural assets, a healthier lifestyle, and to each other. The 36 -mile greenway will link the six major municipalities of northwest Arkansas, the Uni- versity of Arkansas, hospitals, commercial centers, and the headquarters of major employers. The new greenway will increase connectivity, drive economic development, improve residents' health, and help make northwest Arkansas a more attractive place to live, work, and play. During Phase One, Alta developed the final alignment and filed a Categorical Exclusion applica- tion for the Razorback Greenway. We then assisted the NW Arkansas Regional Planning Com- mission with securing $15 million in TIGER II Grant funds for the project. Alta provided an ex- tensive cost -benefit analysis to demonstrate the positive economic impact health and air quality improvements generated by the greenway to give the project an edge in a competitive application process. With the successful funding of the project, Alta's application for the Razorback Green- way has been hailed as a national model for bicycle and pedestrian grant writing. Alta produced construction documents and right-of-way information as part of Phase Two and . are currently managing construction administration, including right-of-way acquisition, for a 16 -mile portion of the greenway that runs through the towns of Springdale, Rogers, and Lowell. This portion of the project is funded by the TIGER II Grant award. In addition, Alta completed a custom Fit and Finish Package and Donor Catalogue for the trail system's amenities, including seating, bicycle racks, planting, and other site furnishings. As the trail is reaching completion, the NWARPC asked Alta to provide a cohesive sign pro- gram for the greenway to further refine the trail's approach to multimodal conflict points. Logo specifications, approved color palettes, partner logos, acceptable fonts, dimensions, placement standards, and a planning -level location guide complete the package. The sign family consists of information kiosks with regional maps, directional signage, walk/bike distance and mileage to destinations, local maps, community guides, mile markers, and interpretive signage. The pur- pose of the wayfinding and branding system is to aid in safety and navigation of the region while promoting healthy travel choices through off - trail directional signage and on -trail walk/bike timing. In addition, Alta completed a custom Fit and Finish Package and Donor Catalogue for the trail system's amenities, including seating, bicycle racks, planting, and other site furnish- ings. Date: 2010-2011 IlwMre��/..k.,n,.n Ramn�ukfkgmJWt� rry 22 Introduction: "Restoring Unique Ozark Natural Communities" Ozark Ecological Restoration Inc. (OERI) Is a 501(c)(3) non-profit company established in 1998. We specialize (but not limited to) tallgrass prairie restoration and establishment. Most of the restoration work focuses on the elimination of alien and invasive species by application of specific herbi- cides, plant cutting and pulling, and prescribed fire. OERI equiptment includes 4 four wheelers with mounted 25 gallon hand/boom sprayers, 4 gallon back pack sprayers, 30' tractor mounted boom sprayer, 300 gallon fire truck, 1800 gallon boom spray truck (GPS driven -see attached photo) 4 wheel drive trucks, chain saws, assorted hand tools, and all necessary fire fighting equiptment. OERI associates are experienced in prescribed burning. We and our associates burned over 5000 acres during the 2000-2015 burn seasons Our fire fighters are (3) local fire captains with wildland fire fighter experience in western fires, (4) OERI employees with S-110 and S-130 wildland fire fighter train- ing and former USFS employees, retired. We also sub -contract with the Arkansas Chapter of the Nature Conservany fire crews. We are licensed by the Arkansas Plant Board as a certified herbicide applicator. I have attached a list of clients and their respectives agencies that we have performed stewardship practices for, along with a list of references. If you need further information, please contact me by e-mail or phone. Thank you for your attention. Director Biography: Joe was born in 1945. He has been a conservation activist his entire adult life. He retired in 2012 as a electrical/general contractor.(see schedule of organizations) In 1998, inspired by his mother memories about local prairies, Joe contacted the owners of one of the three remaining virgin tallgrass prairie sites in NW Arkansas. (20 acres stump prairie) With their permission, he restored the site and still manages the site at present. In 1999, after the successful resto- ration of the Stump Prairie, Joe contacted the owner's of the other two sites and facilitated the transfer of their lands to the Arkansas Natural Heritage Commission (ANHC). The two sites are now know as the Chesney Prairie Natural Area(60 acres) and The Couch Tract of Chesney P.W.A. (22 acres). From 1999 to present, OERI has steadly grown under Joe's directorship. In 2008, OERI was approved as an education asslam- based 501 c (3) non-profit corporation. Joe, along with OERI staff and advisory board members, conducts eco- logical restoration power point programs, followed by field ecology tours, for multiple professors at three NW Arkansas universities, provides programs for civic clubs, conservation non-profit organizations, private corpora- tions and businesses seeking to improve their ecological sustain ability, and private landowners wanting to estab- lish native plant gardens, wildlife plots, or native grass 01 Clients/Projects:; ; • ' Federal U:S. Ijept.of the Interior A. NPS- Buffalo.Natiorial River- Advisor- Prairie Establishment B. NPS- Pea Ridge National Battlefield- Advisor- Prairie Establishment State A. Arkansas Natural Heritage Commission 1. Chesney Prairies Natural Area- 82 acres- Annual * Stewardship contract since 1999 2. Baker Prairie Natural Area- 72 acres- Annual * Stewardship contract since 2004 3. Searles Prairie Natural Area- 10 acres- Annual * Stewardship contract since 2001 4. 'Cherokee Prairie Natural Area- 600 acres (Alien Species Eradication Proposal) 5. Flanagan Prairie Natural Area- 300 acres (Alien Species Eradication Proposal) B. Arkansas Game and Fish Commission - 1. Field trip on Tallgrass Prairie Establishment -2008 2. Devils Eyebrow Natural Area — 1970 acres-. cedar removal, glade restoraton Institutional 1. OERI staff conducts multiple field trips each semester for ecology, botany, plant taxonomy and geology classes for professors at Northwest Arkansas Community College, University of Arkansas, and John Brown University Municipal A. City Of Fayetteville, Arkansas 1. Gulley Park- "319" Stream Restoration- Species List 2. Westside WWTP-"404" mitigation/wetland prairie site 50 acres * Annual stewardship contract since 2006 3. Fayetteville Natural Heritage Association- Advisory Board Member- Site reviews B. City Of Siloam Springs, Arkansas 1. Sager Creek -"319" Stream Restoration- Member Sager Creek Citizen Advisory Council 2. Mud Cat Creek- Regional constructive wetlands/ detention/ wildlife Area concept And planning by OERI References: Theo Witsell Bruce Shackleford State Botanist- Arkansas Natural Heritage Commission President- ECO, Inc Phone: 501-324-9615 Phone: 501-765-9009 E-mail: theo@arkansasheritage.org E-mail: bruceshackleford@aristotle.net Address: 322 Center St. Suite 1600 -Little Rock, Arkansas 72201 Address: 17724 I-30 Suite 5 -A -Benton, AR 72019 Scott Simon Roger Holroyd Director- Arkansas Chapter of the Nature Conservancy Vice President- Arvest Bank- Loan Officer Phone: 501-663-6699 Phone: 479-524-6404 E-mail: ssimon@tnc.org E-mail: rholroyd@arvest.com Address: 601 North University -Little Rock, Arkansas 72205 Address: Hwy 412 West Siloam Springs, Arkansas 72761 24 Our approach is one of collaboration. We have created a team with expertise iri every area of.this project in order to play to our strengths. We are all intimately familiar with this.project'aitd are wdl aware of varying user groups, environmental sensitivity and needs of the community. We have a assembled a team that have expe- rience working with all the user groups involved and with the City of Fayetteville. Our goal is to bring these groups together along with other stakeholders and the citizens of Fayetteville to develop a plan through a col- laborative effort. Below is an outline of our approach, including each of the team members roles, scope of work, and a project implementation schedule. PTD: With over 9 years experience as a professional trail design/build company and a 7 year member of the profes- sional trail builders association (PTBA), PTD will bring the highest level of trail design expertise to this project. We have worked in 15 different states and 2 countries with federal, state, and local agencies. Our focus on this project is the field design work. This includes; • Overall Site Assessment - This is typically the first step. This consists of scouting the whole site, determining property boundaries, identifying opportunities and constraints, identifying environmental sensitive areas (this will be done with the assistance of Joe's Team), identify positive and negative control points, and getting a rough idea of where trail expansion is possible and not. • Existing Trail Assessment - Assess all 8 miles of existing trail. Identify any poorly aligned segments, drain- age issues or flow issues. Make recommendations for improvements and GPS those recommendations to be applied to overall map. • Conceptual Layout - At this stage, we will have determined where trail can go and begin to get a conceptual alignment on a map. Through User Group/Stakeholder Meetings, we will together determine the desired amount and type of trail the we feel is appropriate for Mt. Kessler. • Final Layout - Once there has been a consensus established about what new trails and our reroutes and addi- tions are acceptable, we will begin to ground truth the trails and GPS their general alignment. These align- ment will go on the first draft for review and comment. Our landscape architect, Brett Budolfson, will create all maps and plans. • Master Plan Proposal - After comments and revisions, we will compile the map, all field notes, proposed trails with descriptions and support images, and a budget for construction into one comprehensive docu- ment. OERI: Ozark Ecological Restoration will act as the environmental consultant on the team. With their experience working all over the state, their expertise in Arkansas ecology, and good working relationships with the Arkansas Natural Heritage Commission, they will be a great asset to the team. Their job will be to work in the field with PTD to assist in identifying environmentally sensitive areas through the interpretation of Theds report. They will also be available at public input sessions to field any questions AW ALTA:, Public -involvement is an -important part of improving community health and livability. Gathering public input at various stages of a project can help develop projects -that draw on and enhance the unique characteristics of each community. Through our straightforward communication style, ability to engage citizens, and use of the latest technology, we are able to produce successful designs and plans that meet the needs of the community. Our adaptive approach includes informational presentations, videos, public workshops, and weekend walks with citizens to see and discuss neighbors' concerns. We make contact with neighbors early in the process, identify concerns, and then build confidence by addressing specific issues with a systematic and documented approach. Our resource library of projects around the country is helpful in showing comparable designs to concerned citizens. Our team proposes to facilitate a dialogue.with the community and engage your stakeholders in the design pro- cess. We have extensive experience with translating concept plans into design documents within an open public design process. We prefer to work in an interactive, collaborative charrette, in which the community and stake- holders are invited "into the kitchen" to offer opinions and get what they want out of the project. This interactive approach results in a project design that is embraced by the community since they have personal investment in the process. We will want to engage these key organizations early during public involvement to obtain their feedback and use their networks to spread the word about our public events. At the conclusion of the plan, these organizations and individuals will be important advocates for implementing recommended improvements. For this project, we understand the challenge and complexity that comes with working with community groups that have various concerns, including environmental protection and preservation, as well as trail development and improvement. Alta will facilitate the public input process and act as a mediator between these two groups to make sure their concerns are addressed. Deliverables: Note: We are guesstimating approximately 8 meetings based on our proposed schedule. But this will partially be determined by the final scope of work that is established. 1. Initial User Group/Stakeholder Meeting. Establish a steering committee to work through details of the project. 2. Presentation of "Conceptual Layout" to steering committee. Input comments/revisions to plan. 3. Present Draft #1 Conceptual Plan to Public. Record comments and share with steering committee 4. Conference Call to discuss possible revisions to plan from Public Input Session. 5. Present Draft a2 to User/Stakeholders. This would be getting close to final plan. Final revision should com from this meeting. 6. Present Final Plan to User/Stakeholders. Integrate final changes. 7. Present Final Plan to Public. Final Public Input Session. (This Session is TBD and could happen prior to other meeting listed above) 8. Present Final Plan to Park & Rec. Advisory Board and City Council. *Approx. 16 hours of Meeting Time Estimated. City Expectations for this Project: We will expect the city to be there primarily as a resource for supplying mapping info and any other site info. We will need a base map in CAD with all W and parcel info. We will also need the City for review and comment of plan. We may need some City Staff to do some site visits, especially with respect to private property. We will need a point person to communicate any questions, concerns or requests. 26 May 8 - Notice To Proceed, Projected Date May 11 - Intial Users/Stakeholder Meeting. Create Steering Committe May 12-29 - Field Work; Overall Site Assessment & Existing Trail Assessment June 8 - Presentation of Draft 1 Conceptual Layout to Steering Committe June 10 - Public Input Session with Draft#1 June 8 -July 3 - Field Work; Ground Truth Alignments of Proposed Trails and Reroutes. Prepara- tion of Plan. July 10 - Present Draft#2 Map & Proposal Draft to Steering Committe July 24 - Present Final Proposal/Map to Steering Committe July 28 - Present Final to Public August 4 or 11 - Present Final Plan to Park & Rec. Advisory Board and City Council. Note: Schedule will largly hinge on comments and revisions from steering committe and public. Also, since there is no defined amount of trail that we will be designing at this point, we are only guesstimating time needed based on our knowledge of the area and what we feel is appropriate in terms of trail expansion. 27 Fee: sivetYal e gn.co ?TD MEDIA: Facebook: ,�_wv, tacebool<.cosnJlaroresaiveirr:":€;'�,t1 Twitter: w-b%,,N.twitter.com/ptd%qcc)d,i Vimeo: tvww.vfinea.cora/t�rcgrazss€te,Yui3F:s€,y:^ Events: www.tatHrefest€vrai,cor;, Contact Infcrmcd;on: Ti"AIL DkSic N, U -C... Owner: Nathan "Woody" Woodruff Phone: 479-966-0286 email: woody@progressivetraildesign.com CITY OF City of Fayetteville, Arkansas ® Purchasing Division - Room 306 113 W. Mountain Fayetteville, AR 72701 1�AA �i ��✓✓ i ®/ Phone: 479.575.8220 AR K A N $' A S. TDD (Telecommunication Device for the Deaf): 479.521.1316 RFP 15-02, Mount Kessler Trails Master Plan DEADLINE: Friday, April 10, 2015 before 2:00:00 PM, local time RFP DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPD, CPPB, aforen@favetteviIle-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Monday, March 16, 2015 REQUEST FOR PROPOSAL RFP 15-02 Mount Kessler Trails Master Plan No late proposals shall be accepted. RFP's shall be submitted in sealed envelopes labeled with the project number and name as well as the name and address of the firm. All proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Agent. Name of Firm: �1LLg - tVF F-,NiL ('N �- L Contact Person: Mk_Tj�tJ L� �4�1 Title: T'-,_ tt1D / E-Mail:iW D� (` Pp�r.zzvTl✓L v�ii�Il�1 P oh ne: �rC(`�6�-1J7�i�, BusinessAddress:c�58�1 - 3 0� S w� y�=- 4�-2-z--L- City:' ��Z v t`^ L. State: 4-- Zip: L. Signature: l ~' —�Jc — ��� Date: f / City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 1 of 17 City of Fayetteville RFP 15-02, Mount Kessler Trails Master Plan Advertisement City of Fayetteville, AR Request for Proposal RFP 15-02, Mount Kessler Trails Master Plan The City of Fayetteville, Arkansas, is requesting sealed proposals from experienced professionals interested in providing a master plan for Mount Kessler trails. To be considered, sealed proposals shall be received at the City Administration Building, City Hall, Purchasing — Room 306, 113 West Mountain, Fayetteville, Arkansas, by Friday. April 10, 2015 before 2:00:00 PM, local time. No late submittals shall be accepted.. Forms & addendums can be downloaded from the City's web site at www.favetteville-ar.gov. All questions regarding the process should be directed to Andrea Foren Rennie, CPPD, CPPB at aforen(a favetteviile-ar.gov or (479)575-8220. All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an agreement of the interested party to these conditions. CITY OF FAYETTEVILLE, AR By: Andrea Foren Rennie, CPPD, CPPB Title: Purchasing Agent Ad date: 03/16/2015 City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 2 of 17 City of Fayetteville RFP 15-02, Mount Kessler Trails Master Plan SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost effective manner. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. C. The complete fee and cost to the City for all services outlined in this RFP. Statement should be no more than twenty five (25) pages; single sided, standard, readable, print on standard 8.5x11 papers. Proposers shall also submit a three (3) page (maximum) executive summary. The following items will not count toward the page limitations: appendix, cover sheet, 3 -page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. e. All Proposers shall submit six (6) sets of their proposal as well as one (1) electronic copy on a properly labeled CD or other electronic media device. The electronic copy submitted should be contained into one (1) file. The use of Adobe PDF documents is strongly recommended. Files contained on the CD or electronic media shall not be restricted against saving or printing. The electronic copy shall be identical to the original papers submitted. Electronic copies shall not be submitted via e-mail to City employees by the Proposer. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. g. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. h. Proposals shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 3 of 17 i. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. j. Proposers shall have experience in work of the same or similar nature, and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. k. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non- negotiable term will not disqualify it from consideration for award. I. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline. Documents shall be received before the deadline time as shown by the atomic clock located in the Purchasing Division Office. 2, WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturers names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the City. of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require.negotiation with others. b. The City reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 4 of 17 d. The City of Fayetteville reserves the right to cancel the entire request for proposal e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f.The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. 5. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services to the City'. b. The Proposer shall promptly notify Andrea Foren, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 5 of 17 agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville,*AR. 11. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 6 of 17 13. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 14. RIGHT TO AUDIT, FOIA, AND 1URISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 7 of 17 18. CERTIFICATE OF INSURANCE: The successful Proposer shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid throughout project completion. 19. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT SUBCONTRACTING CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Nan Page 8 of 17 which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purpose of this Agreement. 22. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 23. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protector's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 26, INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 9 of 17 Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents. 27. OTHER GENERAL CONDITIONS: a. Proposers must provide the City with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Andrea Foren immediately via telephone (479.575.8220) or e-mail (aforen(a fayetteville-ar.Rov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. f. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Andrea Foren, City of Fayetteville, Purchasing Agent via e-mail (aforenPfavetteville- ar. ov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final.ranking of the firms, which may also include oral interviews. City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 10 of 17 h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a RFP's content or to exclude any relevant or essential data. i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. 28. PERIOD OF CONTRACT: Services performed pursuant to this Contract shall commence upon execution of this agreement and continue until project is completed. City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 11 of 17 City of Fayetteville RFP 15-02, Mount Kessler Trails Master Plan SECTION B: Scope of Services and General Information C ! PR 1. PURPOSE & OVERVIEW: The City of Fayetteville, Arkansas, hereinafter referred to as "the City', seeks proposals in response to this Request for Proposal from experienced and qualified firms to provide master trails plan for Mount Kessler. Mount Kessler is approximately 367 acres of forested land with premier access from 1-49. The City of Fayetteville has owned approximately 200 acres of land adjacent to Mount Kessler since 2010 and is beginning construction of a regional park on the land. The park will include a variety of recreational opportunities including baseball, softball, tennis, soccer, basketball, pavilions, restrooms, and a trail head for the Mount Kessler trails. The additional 367 acres of forested land was acquired in 2014 as a forest preserve, mountain bike and hiking destination through a partnership between the Walton Family Foundation, the Fayetteville Natural Heritage Association and the City of Fayetteville. The land contains approximately seven miles of existing natural surface trails that traverse the rugged terrain which were built by local volunteers. The area is currently popular among runners, birders, hikers and cyclists. Additionally the property has hosted many school classes for outdoor and environmental education. An ecological assessment as well as other studies have been summarized and shall be utilized for trail planning purposes. The area has many stakeholders who will be an integral part of the planning process. 2. INTENT: The City desires to create a master plan for existing and proposed trails on the mountain that will connect to the Regional Park. The City expects all best practices to be incorporated into the plan. Additionally, all existing studies are expected to be referenced and used to inform the design. Ride - ability, diverse user experience, risk management and exposure to the unique character the mountain offers should be part of the design focus. The City desires to offer trails that meet a wide range of skill levels for cyclists, and also incorporates trails specifically for wildlife observation such as birding, and hiking. The design shall adhere to the International Mountain Biking Association's Trail Solutions Guide. The City expects the planning process to engage the public and existing stakeholder groups to ensure a well-rounded plan is developed. �SEOP:Et©F-,W. ,OR!k, While the exact range and extent of services is subject to negotiation, it is anticipated that the selected firm shall provide, as a minimum, professional services and adequately experienced dedicated personnel necessary to perform the following: a. Assess ezrstrrtg=_„ralyotdiian i. Conduct site assessment to determine trail conditions, width, slope, etc. City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 12 of 17 ii. Identify environmentally sensitive areas referencing the existing environmental assessment and all other available studies. iii. Identify areas of opportunity for trail improvement or needed re-routing. iv. Identify areas for expansion. tb" FeciU061" il'rQJtrp•;VVRI.r,:,o'We L Identify user groups and stakeholders to engage in input sessions ii. Facilitate public meetings iii. Present plan to the Parks and Recreation Advisory Board and City Council. gPaepare M st P n i. Provide graphic depiction of trail system. ii. Provide digital CAD or GIS file for proposed trail routes. 4. FPROP'.•.OSAL.CONTENT'S: Proposals should be structured in the following manner. a. Structure: Proposals shall be prepared simply and economically, providing a straight forward, concise description its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents should be typewritten on standard 8 %" x 11" white papers and bound in one volume. Exceptions would be schematics, exhibits, or other information necessary to facilitate the City of Fayetteville's ability to accurately evaluate the proposal. Proposers shall limit proposal to twenty-five (25) pages or less, excluding one-page team resumes, references, forms required by the City for completion, and tab/divider sheets. I. Background 1. Services provided by the firm that relate to a master planning process. 2. Experience, credentials and association memberships of staff that will work on this project. 3. Provide sample projects similar in scope and process within the past five years. 4. Provide information on relevant experience working with government agencies. 5. Provide a general description of the firm, its history, primary types of work, organizational structure, etc. ii. Administration, Organization, Pricing and Staffing 1. Describe master plan process. Explain what distinguishes your processes and approach from those of others. 2. Provide a proposed implementation schedule. City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 13 of 17 3. Describe what information and recommendations will be included in the master plan. 4. Explain the roles and responsibilities during the process, both of the submitting firm and the City. 5. Explain the expectations of the City's boards and staff during the master plan process. iii. Provide information regarding the resources and involvement which will be requested from the City. iv. Provide three (3) client references, including name, title, organization, telephone number, and email address for which you have performed similar scope of work for within the past five (5) years. b. Expertise: The consultant shall demonstrate knowledge of and experience with the International Mountain Biking Association trail building standards. The selected consultant shalldemonstrate significant experience in trail assessments, maintenance, and construction, and will have the ability to diagnose problems and recommend appropriate trail solution prescriptions. The selected consultant shall demonstrate expertise in working within an environmentally sensitive setting and in the construction of nature trails in similar setting and under similar specifications. c. Fees: Provide proposed fees for the services defined herein. The fee shall include all travel, design services, expenses to be reimbursed, and any other cost to be incurred by the City of Fayetteville. 5. CONTRACT FORMATION: If the negotiation produces mutual agreement, the draft contract as a part of this package shall be constructed and forwarded to the Fayetteville City Council for final approval. If negotiations with the highest ranking Proposer fail, negotiations shall be initiated with the next highest ranking Proposer until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract. 6. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score each proposal. Each proposal submitted is not required to be ranked by the selection committee; however, all proposals will be evaluated. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection committee. Following the evaluation of the proposals, the Selection Committee may request the top ranking firms make an oral presentation or be interviewed. Any presentations/interview will take place in Fayetteville, Arkansas. Meeting notices and information will be sent by the Purchasing Division. City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 14 of 17 1) 25% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the firm. Indicated specialized experience and technical competence of the firm in connection with the type and complexity .of the service required. Subcontractors, if used, shall be listed. 2) 25% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. 3) 20% Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. 4) 15% Past Performance: Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, the professional firm's past performance records with City and others will be used, including quality of work, timely performance, diligence, and any other pertinent information. Proposers shall provide a list of similar jobs performed and person whom the City can contact for information. 5) 15% Price: Proposers shall list all fees and expenses to be paid by the City and shall be structured in a not to exceed manner. 7. ADDITIONAL DOCUMENTS AND INFORMATON: The following documents are included with this solicitation as additional information. a. Appendix A: Rapid Terrestrail Ecological Assessment of Kessler Mountain Preserve by Theo Witsell b. Appendix B: An analysis of the Old Growth Forest Parcels on Kessler Mountain by Alan Edmonson 8. ANTICIPATED PROJECT TIMELINE: subject to change City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 15 of 17 City of Fayetteville RFP 15-02, Mount Kessler Master Trails Plan SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: . _1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: '�) Z-5�1�Nr�) Primary Contact: LooCD�-f Title of Primary Contact: Phone#1(cell preferred): '/ 7 / - V O Z -b D Phone#2: ?N-vS I C)usr E -Mail Address: 1'QooD`C Q . C_0� 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 16 of 17 extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. PRICING: Pricing shall be attached as a separate form and shall be inclusive of any and all charges, fees, expenses, etc. 5. DEBARMENT CERTIFICATION: As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME OF COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: PRINTED NAME: PHONE: FAX: E-MAIL: SIGNATURE: TITLE: DATE: City of Fayetteville, AR RFP 15-02, Mount Kessler Trails Master Plan Page 17 of 17 , AGREEMENT For PROFESSIONAL DESIGN SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And DESIGNER THIS AGREEMENT is made as of , 2015, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and Progressive Trail Design (hereinafter called DESIGNER). CITY OF FAYETTEVILLE from time to time requires professional design services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and DESIGNER in consideration of their mutual covenants agree as follows: DESIGNER shall serve as CITY OF FAYETTEVILLE's professional design consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of DESIGNER's services. All services shall be performed under the direction of a professional Designer registered in the State of Arkansas and qualified in the particular field. SECTION I - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of DESIGNER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of DESIGNER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF DESIGNER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by DESIGNER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 DESIGNER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. DESIGNER and CITY OF FAYETTEVILLE agree that DESIGNER has full responsibility for the Design services. Draft Standard Convect - Professional Engineering Services - 02.21.13 1 SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of DESIGNER. 3. L 1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist DESIGNER by placing at DESIGNER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist DESIGNER in obtaining access to property reasonably necessary for DESIGNER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by DESIGNER and render in writing decisions pertaining thereto. 3.1.5 The Park Planning Superintendent is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Park Planning Superintendent shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to DESIGNER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. DESIGNER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix A. SECTION 5 - PAYMENTS TO DESIGNER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $26,320. The CITY OF FAYETTEVILLE shall compensate DESIGNER based on a Unit Price or Lump Sum basis as described in Appendix A. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with DESIGNER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by DESIGNER and approved by CITY OF FAYETTEVILLE. Applications for payment shall Draft Standard Cornet - Professional Engineering Services - 02.21.13 2 be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of DESIGNER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise DESIGNER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, DESIGNER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by DESIGNER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against DESIGNER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, DESIGNER will maintain (in United States Dollars) the following minimum insurance coverages: Tvoe of Coveraee Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance. Dmfs Standard Contact - Professional Engineering Services - 02.21.13 3 Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim DESIGNER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and DESIGNER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of DESIGNER's services. 6.2 Professional Responsibility 6.2.1 DESIGNER will exercise reasonable skill, care, and diligence in the performance of DESIGNER's services and will carry out its responsibilities in accordance with customarily accepted professional Design practices. CITY OF FAYETTEVILLE will promptly report to DESIGNER any defects or suspected defects in DESIGNER's services of which CITY OF FAYETTEVILLE becomes aware, so that DESIGNER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of DESIGNER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by DESIGNER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on DESIGNER's experience, qualifications, and judgment as a design professional. Since DESIGNER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, DESIGNER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by DESIGNER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of DESIGNER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of DESIGNER. 6-5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. Draft Standard Contract - Professional Engineering Services - 02.21.13 4 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that DESIGNER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating parry prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to DESIGNER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of DESIGNER's default. 6.5.4 If termination for default is effected by DESIGNER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to DESIGNER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by DESIGNER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, DESIGNER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by DESIGNER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of DESIGNER to fulfill contractual obligations, it is determined that DESIGNER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of DESIGNER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond DESIGNER's reasonable control, DESIGNER shall be entitled to additional compensation and time for reasonable costs incurred by DESIGNER in temporarily closing down or delaying the Project. Draft Standard Contract - Professional Engineering Services - 02.21.13 5 6.7 Rights and Benefits 6.7.1 DESIGNER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and DESIGNER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or DESIGNER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give DESIGNER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and DESIGNER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of DESIGNER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to DESIGNER for services rendered by DESIGNER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of DESIGNER's employees and the importance of DESIGNER's public relations, DESIGNER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to DESIGNER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to DESIGNER CITY OF FAYETTEVILLE may require Dmfs Standard Contract - Professional Engineering Services - 02.21.13 6 deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of DESIGNER'S activities pertaining to any such publication shall be for DESIGNER'S account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and DESIGNER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. DESIGNER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Design documents, computer models, drawings, specifications and other hard copy or electronic media prepared by DESIGNER as part of the Services shall become the property of CITY OF FAYETTEVILLE when DESIGNER has been compensated for all Services rendered, provided, however, that DESIGNER shall have the unrestricted right to their use. DESIGNER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of DESIGNER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. DESIGNER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 DESIGNER's address: 3589-3 N. Shiloh Drive #222 Fayetteville, AR 72703 Draft Standard Contract - Professional Engineering Services - 02.21.13 7 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and DESIGNER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor DESIGNER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between DESIGNER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to DESIGNER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether. or not signed by DESIGNER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of DESIGNER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve DESIGNER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 DESIGNER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by DESIGNER's negligent performance of any of the services famished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 DESIGNER's obligations under. this clause are in addition to DESIGNER's other express or implied assurances tinder this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against DESIGNER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and DESIGNER arising Draft Standard Contmo - Profcssionst Enginccring Scrviccs - 02.21.13 8 out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 DESIGNER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. DESIGNER shall also maintain the financial information and data used by DESIGNER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. DESIGNER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of DESIGNER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 DESIGNER warrants that no person or selling agency, has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by DESIGNER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the Draft Standard Contract - Professional Engineering Services - 02.21.13 9 contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that DESIGNER or any of DESIGNER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to DESIGNER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against DESIGNER as it could pursue in the event of a breach of the Agreement by DESIGNER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs DESIGNER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, DESIGNER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and DESIGNER, by its authorized officer have made and executed this Agreement as of the day and year first above written. ....K iri �tCle'k FAYETTEVILLE �= Draft Standard Nmrau %9. 9 5 �'�dy9kANSP c'�•: DESIGNER Progressive Trail Design, LLC END OF AGREEMENT FOR PROFESSIONAL DESIGN SERVICES Professional Engineering Services - 02.21.13 10 PROGRESSIVE TRAIL DESIGN, LLC. Project: Kessler Mountain Trails Master Plan Date: 5.15.2015 SCOPE OF WORK: Field Work: DESIGN•BUILD•RIDE 1. Overall Site Assessment - This consists of scouting the whole site, determining property boundaries, identifying opportunities and constraints, identifying environmentally sensitive areas (this will be done with the assistance of OERI), identify positive and negative control points, and identify rough idea of where trail expansion feasibility. 2. Existing Trail Assessment - Assess all 8 miles of existing trail. Identify any poorly aligned segments, drainage issues or flow issues. Make recommendations for improvements and GPS those recommendations to be applied to overall map. 3. Conceptual Layout - Through the input from Public & Stakeholder Meetings, we will determine the desired amount and types of trail that we feel is appropriate for Kessler Mountain and begin to layout conceptual trails. 4. Final Layout - Once there has been a consensus established about what new trails and our reroutes and additions are acceptable, we will begin to ground truth the trails and GPS their general alignment. These alignments will go on the first draft for review and comment. Note: This is still conceptual layout; we will not be responsible for final flagging and alignment. Deliverables: Master Plan Proposal - After comments and revisions, we will compile the map, all field notes, proposed trails with descriptions and support images, and a budget for construction into one comprehensive document along with a separate map/plan. Signage Plan — A plan that shows locations of signs and designs based on the NWA Sign Plan. PROGRESSIVE TRAIL DESIGN, LLC. 410 SW A. STREET, SUITE #4, BENTONVILLE, AR 72712 PROGRESSIVE TRAIL DESIGN, LLC. DESIGN• BUILD- R*1 DE. Basecamp: • Basecamp (www.basecamp.com) is a project management/collaboration tool that we will use for most of our correspondence. It is a simple, concise, easy to use tool that keeps all files and comments regarding the project in one place. • Setup; All team members, city staff and key stakeholders will be invited to the program through an email invite. You will be prompted to set up a profile. Just follow steps. You will then receive email notifications when a post is made and you can reply through your email or "view on basecamp" and comment through the program. There is also an app for iPhone and other devices. • Protocol: The only function that you need to use is "Discussions". We use this like a folder structure or forum. There will be different discussion threads posted with different topics, such as, "Working Concepts", "Existing Plans", 'Base Maps", etc... All you need to do is select the topic that fits the content you want to post and comment under that thread (scroll to bottom to post, eventually there will be a long list of comments). You will want to make sure to upload any files through the "discussions" as well. Please ignore the other "Upload File" option on the home page. It will get lost if you upload files there. • Its important that protocol is followed or this program can get very cluttered and confusing. Any questions: woody@progressivetraiIdesign.com. 479-966-0286. Meetings: 1. Initial Stakeholder Meeting. The City and Designer will together establish a steering committee prior and meet to discuss direction of project. 2. Public Input Session #1— Led by Alta 3. Presentation of "Conceptual Plan -Draft 1". Present initial concepts to steering committee. Gather comments, make revisions and prepare plan to present to public. 4. Public Input Session #2 — Led by Alta. Present Conceptual Plan -Draft 1 to Public. Record comments and share with steering committee. S. Conference Call. Discuss possible revisions to plan from Public Input Session. This could also be accomplished through Basecamp comments. 6. Presentation of "Conceptual Plan -Draft 2". Present to steering committee. This would be getting close to final plan. Final revision should come from this meeting. PROGRESSIVE TRAIL DESIGN, LLC. 410 SW A. STREET, SUITE #4, BENTONVILLE, AR 72712 PROGRESSIVE TRAIL DESIGN, LLC. DESIGN -BUILD -RIDE 7. Presentation of Final Plan. Present final to steering committee. Integrate final changes. 8. Public Input Session #3 —Led by Alta. Present Final Plan to Public. This Session is TBD and could happen prior to other meeting listed above. 9. Submit Final Plan to Park & Rec. Advisory Board and City Council. *Approx. 16 hours of Meeting Time Estimated. Proposed Project Schedule (subject to change): June 8 - Notice To Proceed Projected Date June 15-19 - Initial Stakeholder Meeting. Create Steering Committee July 6-10— Public Input Session #1 July - Field. Work; Overall Site Assessment, Existing Trail Assessment, Conceptual -Draft 1 August 3-7 - Presentation of Draft 1 Conceptual Layout to Steering Committee August 10-14 - Public Input Session #2 August/September - Field Work; Ground Truth New Trails and Reroutes. Prepare Conceptual Plan -Draft 2 September 21-25 - Present Conceptual Plan Draft#2 to Steering Committee October 5-16 — Submit Final Plan & Document to Steering Committee. October 19-23 — Public Input Session #3 (TBD) Halloween — Submit Final Plan to Park & Rec. Advisory Board and City Council. Note: Schedule will largely hinge on timing of comments and revisions from steering committee and public. Also, since there is no defined amount of trail that we will be designing at this point, we are only guesstimating time needed based on our knowledge of the area and what we feel is appropriate in terms of trail expansion. PROGRESSIVE TRAIL DESIGN, LLC. 410 SW A. STREET, SUITE #4, BENTONVILLE, AR 72712 PROGRESSIVE TRAIL DESIGN, LLC. DESIGN- BUILD • `:. DE. FEE: FIELDWORK; OVERALL SITE & EXISTING TRAIL ASSESSMENT - $6,400.00 FIELD WORK; FINAL ALIGNMENT - $10,240.00 ENVIRONMENTAL CONSULTING - $2,000.00 MEETINGS (approx. 16hrs estimated) - $4,480.00 MAPPING & PREPARATION OF PROPOSAL - $3,200.00 TOTAL ESTIMATE: $26,320.00 Hourly Rate Schedule (for additional services): PTD -Lead Designer - $100/hr PTD -Trail Designer - $80/hr PTD -Landscape Architect - $90/hr ALTA-$187/hr OERI-$60/hr Sincerely, Nathan Woodruff (Woody) President & Founder — Progressive Trail Design woody@progressivetraildesign.com 479.966.0286 PROGRESSIVE TRAIL DESIGN, LLC. 410 SW A. STREET, SUITE #4, BENTONVILLE, AR 72712 City of Fayetieville:- PurchaseOrder Request (PO) Requisition o.: ae: ..' 5/15/2015P,0 IN a.Purchase Ober) - Number: Purchasg@fayetteville ar govi ." All PORequests shell be scanned to the Purchasmg.e mailrm Purchase shall hot be made until an"adual PO�has been issued:.. •, Vendor Vendor Mall Legislar#: 25593 #: Progressive Trail Design, LLC Name: O Yrs 91uo 2015-0253 FOB Point: Taxab 75- Address: 3589.3 N. Shiloh Drive # 222 avis ❑ u0 Expected Delivery Date: Zip Code: Ship to code: Quotes Attached City: Fayetteville State: AR 72703 OYfs Ono Requester's Employee #: Extension: Requester: Alison Jumper - 23693469 1 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project.Sub# Inventory # Fixed Asset # Kessler Mountain Trails Master Plan 1 per RFP 15.02 1 LS 26,320.00 $26,320.00 4470:9470.5314.00 14013.1 ' 2 $0.00 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 bpecial Instructions: Tax is included Subtotal: $26,320.00 Tax: Total: $26,320.00 Approvals: Mayor. Department Director, Purchasing Manager: Chief Financial Officer: Budget Director: IT Director: Dispatch Manager: Utilities Manager: Other: xeasea vzvzum