HomeMy WebLinkAbout139-18 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 139-18
File Number: 2018-0300
BEAVER WATERSHED ALLIANCE COST SHARE AGREEMENT:
A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH THE BEAVER WATERSHED
ALLIANCE FOR GRANT FUNDING IN THE AMOUNT OF $163,000.00 AND ASSISTANCE IN
DESIGNING AND CONSTRUCTING A GREEN PARKING LOT AT KESSLER MOUNTAIN
REGIONAL PARK, WITH A CASH AND IN-KIND MATCH BY THE CITY OF $140,000.00, AND TO
APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a cost share
agreement with the Beaver Watershed Alliance for grant funding in the amount of $163,000.00 and
assistance in designing and constructing a green parking lot at Kessler Mountain Regional Park, with a
cash and in-kind match by the City of $140,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 7/3/2018
Attest:
I
Sandra E. Smith, City Clerk Treasurer
O l i `pN �����
Page 1 Printed on 715118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0300
Agenda Date: 7/3/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 2
BEAVER WATERSHED ALLIANCE COST SHARE AGREEMENT:
A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH THE BEAVER WATERSHED
ALLIANCE FOR GRANT FUNDING IN THE AMOUNT OF $163,000.00 AND ASSISTANCE IN
DESIGNING AND CONSTRUCTING A GREEN PARKING LOT AT KESSLER MOUNTAIN
REGIONAL PARK, WITH A CASH AND IN-KIND MATCH BY THE CITY OF $140,000.00, AND
TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a cost share agreement
with the Beaver Watershed Alliance for grant funding in the amount of $163,000.00 and assistance in designing
and constructing a green parking lot at Kessler Mountain Regional Park, with a cash and in-kind match by the
City of $140,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 715/2018
Connie Edmonston
Submitted By
City of Fayetteville Staff Review Form
2018-0300
Legistar File ID
7/3/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/12/2018 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Approval of a Resolution for a Cost Share Agreement with the Beaver Watershed Alliance to provide grant
funding and assistance in building a $300,000 green parking lot at Kessler Mountain Regional Park to enhance
water quality in the Beaver Lake Watershed and approval of a budget adjustment.
4470.520.8520-5819.00
2250.520.9256-5819.00
Account Number
16004.1801
Project Number
Budgeted Item? Yes
Does item have a cost? No
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Cap Impry
Park Development
Fund
Kessler Mountain Regional Park Paving - Grant
Match
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 58,000.00
$ 58,000.00
$ 218,000.00
$ 2761000.00
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
W4V ARKANSAS
MEETING OF JULY 3, 2018
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Don Marr, Chief of Staff
FROM: Connie Edmonston, Parks and Recreation Director
Chis Brown, City Engineer
Alan Pugh, Staff Engineer
DATE: June 13, 2018
SUBJECT: Approval of a Resolution for a Cost Share Agreement with the Beaver
Watershed Alliance to provide grant funding and assistance in building a $300,000
green parking lot at Kessler Mountain Regional Park to enhance water quality in the
Beaver Lake Watershed and approval of a budget adjustment.
RECOMMENDATION:
Approval of a Resolution for a Cost Share Agreement with the Beaver Watershed Alliance to
provide grant funding and assistance in building a $300,000 green parking lot at Kessler
Mountain Regional Park to enhance water quality in the Beaver Lake Watershed and approval
of a budget adjustment.
BACKGROUND:
Beaver Watershed Alliance (BWA) received a grant from the Arkansas Natural Resources
Commission. BWA met with City Staff from Engineering and Parks to establish an amenable
green infrastructure project that could best demonstrate low impact development within the
watershed of Beaver Lake. The need for more parking at Kessler Mountain Regional Park was
decided to be the best fit due to the need of additional parking and a perfect showcase location
to demonstrate a green parking lot to the many visitors utilizing the park each day. See the
attached map of the location of the proposed parking lot on the east side of the soccer fields.
The project will include the design and installation of approximately 52 vehicle parking lot that
will have a minimum of 20 parking stalls with permeable pavement, a minimum of one rain
garden and/or bioswale utilizing native plants and trees, and educational/interpretive signage
to educate the public about low impact development and the green parking lot's features and
benefits.
DISCUSSION:
Total budget cost of the grant project is $300,000. BWA will provide the design and bid
documents through another budget source than this cost share. The design will be reviewed
and approved by the City.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City Engineers and Parks Staff will provide services for bidding and construction of this
project. The City is responsible for providing $140,000 in cash or in-kind match including
engineering/design services, staff time, etc. There is currently $58,000 in the 2018 budget for
this grant project and a budget adjustment request to recognize $58,000 from the Southwest
Park Land Dedication Fund which will provide a total of $116,000 for the cash match.
Additionally, $24,000 will be contributed as an in-kind match from the City's Engineering and
Parks Staff as stipulated in the Cost Share Agreement.
BWA will provide (up to) $160,000 reimbursable grant which will assist in the cost of
construction of the parking lot along with the $116,000 provided by the City for a total
construction cost of $276,000. BWA will also provide educational/interpretive signage up to
$3,000 through another budget source than this cost share.
The surveying and preliminary design of the parking lot would be completed by the end of the
year with construction taking place in 2019. The grant project is to be completed by October 1,
2020. The City is responsible for maintaining the project for a minimum of five years.
BUDGET/STAFF IMPACT:
From the Cost Share Agreement with BWA, the City will receive a grant for a $300,000 green
parking lot at Kessler Mountain Regional Park for an investment of $140,000 in cash or in-kind
contributions. Sales Tax Funding is in the 2018 budget for $58,000 and a budget adjustment
recognizes $58,000 from the Southwest Park Land Dedication Fund as the total cash match of
$116,000 for this project. Engineering and Park Staff time will be a portion of the remaining
required $24,000 in-kind match for the grant. The budget adjustment also recognizes revenues
to be obtained from. the $160,000 reimbursable grant according to the Cost Share Agreement.
There will be maintenance required on the rain garden, bioswale, plants and trees by Parks
Maintenance Staff.
Attachments:
Soccer Parking Lot Location
Cost Share Agreement
Mayor Jordan's Grant Endorsement Letter
K/PARKS/Kessler Mt Regional Park/Regional Park/2018 Parking LoUSRM_CostShare-BWA
LL -
Is
COST SHARE AGREEMENT
FOR IMPLEMENTING GREEN INFRASTRUCTURE FOR
ENHANCED WATER QUALITY IN THE BEAVER LAKE WATERSHED
Between the City of Fayetteville, Arkansas and Beaver Watershed Alliance
WHEREAS, the Beaver Watershed Alliance, an Arkansas domestic nonprofit corporation, was
established to proactively protect, enhance, and sustain the water quality of Beaver Lake and
integrity of its watershed; and
WHEREAS, Low Impact Development (LID), Green Infrastructure (GI) and best management
is a priority in the Beaver Lake Watershed according to the Beaver Lake Watershed Protection
Strategy (BLWPS); and
WHEREAS, the BLWPS recommends green infrastructure as a core BMP and the City
recognizes the benefits for water quality; and
WHEREAS, the City of Fayetteville is guiding development using; LID and GI features which
are necessary components to maintain and improve water duality in the Beaver Lake Watershed;
and
WHEREAS, providing surveys, designing and incorporating LID/Gl into public spaces,
building and installing features, and maintaining LID/Gl projects requires time of City of
Fayetteville staff; and
WHEREAS, Beaver Watershed Alliance has received grant funding from the Arkansas Natural
Resources Commission for the implementation of Green. Infrastructure for Enhanced Water
Quality in the Beaver Lake Watershed and proposes to utilize a portion of its funding to share in
the cost of a project to be designed and -constructed by the City of Fayetteville.
NOW, THEREFORE, THIS CONTRACT is made by and between the City of Fayetteville,
Arkansas ("City") and Beaver Watershed Alliance (BWA"), and the parties agree as follows:
I . Term. The term of this Agreement shall begin June 19, 2018, and, with the exception of
ongoing maintenance responsibilities, shall end October 1, 2020. Time spent on this
project prior to the term of this agreement by City Staff is eligible for the City's in-kind
match.
2. The Project. The City shall construct a green parking lot at Kessler Mountain Regional
Park that will include a minimum of 20 parking stalls with permeable pavement, with a
minimum of one rain garden and/or one bioswale using native plants trees in the project
area.
3. City of Fayetteville's Rights and Responsibilities.
a. City shall be responsible for the bidding and construction of the Project in an
amount not to exceed $300,000.00, with reimbursement by BWA in an amount up
to $160,000.00.
b. Receipts or invoices for Project -related expenses incurred by the City shall be
submitted to BWA for reimbursement during the Term of the project.
City shall provide the amount of $140,000.00 in cash or in-kind contributions for
the Project. In-kind contributions may include, but are not limited to, engineering
and design services, bidding services, project review time, construction,
equipment rental or usage, labor, staff time for educational outreach, and ongoing
maintenance.
d. City shall provide a site survey for the Project by December 31, 2018.
Construction of the Project shall be completed on or before October 1, 2020,
unless an extension is agreed to by both parties in writing.
C. City shall be responsible for the installation and maintenance of educational and
interpretive signage, to be jointly designed by BWA and City, to educate the
public about Low Impact Development and Green Infrastructure features and
benefits. Signage shall be installed on or before October 1, 2020-
f. City shall maintain the Project for a minimum of five (5) years from the date the
Project is open to the public. City may include a reasonable estimate of ongoing
maintenance costs as part of its required contribution for the Project.
g. City, through its Purchasing Division, will be available for consultation by BWA
to ensure City policies, as well as applicable state and federal laws, for quotes,
bids, and requests for proposal are followed correctly.
4. Beaver Watershed Alliance's Rights and Responsibilities.
a. BWA shall reimburse the City up to the amount of $160,000.00 for materials,
services, and expenses necessary for the installation of the Project.
b. BWA shall be responsible for providing the design and bid documents. BWA and
their consultants shall review plans with the City at schematic design, design
development, and 30/75/100 percent construction documents. City shall approve
all design and bid documents prepared by BWA or its contractors, agents, or
consultants to ensure compliance with the City's Unified Development Code,
other City ordinances and any applicable state and federal laws.
c. BWA shall administer the grant including any required grant reporting.
d. If BWA undertakes any services related to the Project, it shall comply with the
City's purchasing policies, and applicable state and federal laws, for contracts and
expenditures of $1,000.00 or more, including:
2
i. Obtaining at least three written quotes for any contract or expenditure
between $1,000.00 and $20,000.00; and
ii. Advertising for bids for any contract or expenditure over $20,000.00.
iii. Selection of engineers and other professionals through requests for
qualification as required by Arkansas law.
e. BWA shall remit reimbursement payments to the City within thirty (30) days of
receipt of invoices related to the Project.
f. BWA agrees that it will require all of its contractors to indemnify, defend, and
hold harmless the City 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.
g. BWA will provide additional funding of up to $3,000 for educational and
interpretive signage which will be jointly designed with the City.
5. Contract Amendments. Changes, modifications or amendments to the scope, price or
fees dictated by this Contract shall not be allowed without a prior formal Contract
amendment approved by the Mayor and the City Council of Fayetteville and by the
authorized agent of BWA in advance of the change.
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their
authorized representative effective the date set forth below.
BE, WATERSHED ALLIANCE
Becky R rk, Interim Director
Date: -12 f d
Date: ",�
ATTEST:
Sondra E. Smith, City Clerk-Treasu0011R
Cie Ci � OF
G�
OFFICE OF THE MAYOR
LIONELD JORDAN
January 30, 2017
John Pennington
Executive Director
Beaver Watershed Alliance
614 E Emma Ave. Ste. M438
Springdale AR, 72764
RE: Implementing Green Infrastructure Projects to Enhance Water Quality in the Beaver Lake Watershed
Dear John,
The City of Fayetteville is excited by the opportunity to partner with the Beaver Watershed Alliance in the
Implementing Green Infrastructure to Enhance Water Quality in the Beaver Lake Watershed project.
Beaver Lake is the regional drinking water supply for 500,000 people in Northwest Arkansas, and
working to ensure it remains of high quality for future generations is a goal that the City of Fayetteville is
dedicated toward working to achieve.
To help support the regional effort to steward our environment and associated drinking water supply, the
City of Fayetteville is prepared to provide $140,000 of in-kind or cash match over the 3 -year grant period
to partner with BWA in establishing green infrastructure and/or low impact development practices that will
be used as demonstration sites for other communities in the watershed, subject to yearly budget
approval by the City Council. The City of Fayetteville also pledges to maintain these practices for at least
7 years.
Helping staff and engineers from other municipalities in the Beaver Lake Watershed learn more about
green infrastructure and low impact development as we work to protect water quality in our city will help
them understand beneficial practices like green infrastructure and low impact development which are
recommended in the Beaver Lake Watershed Protection Strategy.
Sit erely,
. f
Lionefd4ordan
Mayor
CITY OF FAYETTEVILLE 1 113 W. MOUNTAIN STREET I FAYETTEVILLE, AR 72701 1479.575.8330 1 WWW.FAYETTEVILLE-AR.GOV
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 PARKS &RECREATION (520)
2018
Requestor: Alan Bearden
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Request to recognize cost share grant matching revenue of $160,000 from the Beaver Watershed Alliance and
southwest Park Land Dedication funds of $58,000 for a project to build a green parking lot at Kessler Mountain Regional
Park.
RESOLUTION/ORDINANCE
TOTAL 218,000 218,000
COUNCIL DATE: 7/3/2018
LEGISTAR FILE ID#: 2018-0300
L ik H u tdL�
6/14/2018 2:37 PM
Budget Director
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
Date
v.20180119
H:\Budget\Budget Adjustments\2018_Budget\CITY_COUNCIL\2018-07-03\2018-0300 Kessler Mtn Parking Lot Paving 1 of 1
Increase / (Decrease)
Proiect.Su`a#
Account Number
Expense Revenue
Project
Sub
AT
Account Name
2250.520.9256-4419.02
- 58,000
16004
1801
RE
Greenspace Fees - SW
2250.520.9256-5819.00
58,000 -
16004
1801
EX
"Parking Lot Improvements - Parking Lor
4470.520.8520-4303.00
- 160,000
16004
1801
RE
"Cost Share - State
4470.520.8520-5819.00
160,000 -
16004
1801
EX
Parking Lot Improvements - Parking Lot Ir
H:\Budget\Budget Adjustments\2018_Budget\CITY_COUNCIL\2018-07-03\2018-0300 Kessler Mtn Parking Lot Paving 1 of 1
Amended Cost Share Agreement
Beaver Watershed Alliance
Connie Edmonston
Submitted By
City of Fayetteville Staff Review Form
2020-0859
legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/8/2020 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Mayors signature to approve an Amended Cost Share Agreement with Beaver Watershed Alliance to provide
grant funding and assistance in building a green parking lot at Kessler Regional Park.
Account Number
Project Number
Budgeted Item?
Does item have a cost?
Budget Adjustment Attached?
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
;S
V20180321
Previous Ordinance or Resolution # 139-18
Approval Date: 10/13/20
®CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor Lionel Jordan
THRU: Susan Norton, Chief of Staff
FROM: . Connie Edmonston, Parks and Recreation Director
DATE: October 8, 2020
STAFF MEMO
SUBJECT: Mayors signature to approve an Amended Cost Share Agreement with Beaver
Watershed Alliance to provide grant funding and assistance in building a green parking lot at
Kessler Regional Park.
RECOMMENDATION:
Mayors signature to approve an Amended Cost Share Agreement with Beaver Watershed
Alliance to provide grant funding and assistance in building a green parking lot at Kessler
Regional Park.
BACKGROUND:
Beaver Watershed Alliance (BWA) received grant funding from the Arkansas Natural Resources
Commission to enhance water quality in the Beaver Lake Watershed. On July 3, 2018, City
Council approved through Resolution 139-18 a cost share agreement with BWA to provide grant
funding of $160,000 for construction of the parking lot and also to provide the design and bid
documents of the green parking lot at Kessler Mountain Regional Park. The parking lot was to
provide 52 parking areas with a minimum of 20 parking stalls with permeable pavement, a
minimum of one rain garden and/or bioswale utilizing native plants and trees, and
educational/interpretive signage to educate the public about low impact development and the
green parking lot's features and benefits. The parking lot is located on the east side of the
soccer fields.
DISCUSSION:
BWA has worked with City Staff from Engineering and Parks on the design of the green parking
lot at Kessler Mountain Regional Park since the inception of this grant. BWA hired CEI to
design the parking lot as well as prepare bid documents. As the design was in progress, there
was an opportunity to increase the parking lot from 52 parking stalls to approximately 80 stalls.
Parking has been a problem at Kessler Regional Park with the growth of soccer, baseball and
other public uses of the park. In addition, the Kessler trails system has brought many people
into this park creating an even more need for additional parking. BWA agreed to have CEI to
design and create bid documents for the increase of approximately 30 parking stalls as part of
this grant project at no additional cost to the city except for construction cost. In addition, BWA
was finding through their other grant projects with other cities that the cost to build permeable
pavement stalls and the rain gardens/bioswales was substantially higher than anticipated. BWA
has requested to decrease the number of green parking spaces from 20 to 8 stalls, but will still
provide one rain garden/bioswale, educational signage and the $160,000 reimbursable grant
funding as agreed upon in the original agreement.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BWA has received permission from the Arkansas Natural Resources Commission to extend
completion of the projects from October 1, 2020 to April 15, 2021. This Amended Cost Share
Agreement will benefit the City by providing additional parking at Kessler Regional Park which is
highly needed in order to adequately serve our park users as well as accommodate the
increased usage of the park. The design time to increase the size of the parking lot and bid
specs is at no additional cost to the City. The amendment changes the following in the Cost
Share Agreement:
1. Increases the parking lot from 52 to approximately 80 parking stalls with associated
costs.
2. Decreases the number of green parking stalls from 20 to 8 as requested by BWA. BWA
will still provide the rain garden/bioswale, educational signage, and reimbursable
$160,000 as in the original agreement.
3. Extends the project completion date to April 15, 2021.
BUDGET/STAFF IMPACT:
The construction cost of the parking lot will increase from the estimated amount of $300,000 to
approximately $546,000. There is funding being earmarked in the Parks Development fund to
accommodate this increase. Kevin Springer said the Budget Adjustment needed for this will go
to City Council with the award of the construction contract. The project is currently being
reviewed by Planning Staff and will go to bid after the review is completed.
Attachments:
1. Signed Amended Cost Share Agreement with BWA
2. Resolution #139-18
2
AMENDED COST SHARE AGREEMENT
FOR IMPLEMENTING GREEN INFRASTRUCTURE FOR
ENHANCED WATER QUALITY IN THE BEAVER LAKE WATERSHED
Between the City of Fayetteville, Arkansas and Beaver Watershed Alliance
WHEREAS, the Beaver Watershed Alliance, an Arkansas domestic nonprofit corporation, was
established to proactively protect, enhance, and sustain the water quality of Beaver Lake and
integrity of its watershed; and
WHEREAS, Low Impact Development (LID), Green Infrastructure (GI) and best management
is a priority in the Beaver Lake Watershed according to the Beaver Lake Watershed Protection
Strategy (BLWPS); and
WHEREAS, the BLWPS recommends green infrastructure as a core BMP and the City
recognizes the benefits for water quality; and
WHEREAS, the City of Fayetteville is guiding development using LID and GI features which
are necessary components to maintain and improve water quality in the Beaver Lake Watershed;
and
WHEREAS, providing surveys, designing and incorporating LID/GI into public spaces,
building and installing features, and maintaining LID/GI projects requires time of City of
Fayetteville staff, and
WHEREAS, Beaver Watershed Alliance has received grant funding from the Arkansas Natural
Resources Commission for the implementation of Green Infrastructure for Enhanced Water
Quality in the Beaver Lake Watershed and proposes to utilize a portion of its funding to share in
the cost of a project to be designed and constructed by the City of Fayetteville; and
WHEREAS, on July 3, 2018, the City Council approved Resolution 139-18 authorizing a cost
share agreement with Beaver Watershed Alliance for grant funding and assistance in designing
and constructing a green parking lot at Kessler Mountain Regional Park; and
WHEREAS, the cost of constructing the parking lot has increased substantially and Beaver
Watershed Alliance is requesting to reduce the number of green parking spaces to 8; and
WHEREAS, because of demand for parking at the Park, the City is proposing to increase the
total number of parking spaces; and
WHEREAS, the City and Beaver Watershed Alliance have agreed to extend the project
completion date to April 15, 2021.
NOW, THEREFORE, THIS AMENDED CONTRACT is made by and between the City of
Fayetteville, Arkansas ("City") and Beaver Watershed Alliance (`BWA"), which supersedes the
previous contract, and the parties agree as follows:
Term. The term of this Agreement shall begin June 19, 2018, and, with the exception of
ongoing maintenance responsibilities, shall end April 15, 2021. Time spent on this
project prior to the term of this agreement by City Staff is eligible for the City's in -kind
match.
2. The Project. The City shall construct a parking lot at Kessler Mountain Regional Park
that will include approximately 80 parking spaces with a minimum of 8 parking stalls
with permeable pavement, and at least one rain garden and/or bioswale using native
plants and/or trees in the project area.
3. City of Fayetteville's Rights and Responsibilities.
a. City shall be responsible for the bidding and construction of the Project in an
estimated amount of $546,000.00, with reimbursement by BWA in an amount up
to $160,000.00.
b. Receipts or invoices for Project -related expenses incurred by the City shall be
submitted to BWA for reimbursement during the Term of the Project.
C. City shall provide at least $140,000.00 in cash or in -kind contributions for the
Project. In -kind contributions may include, but are not limited to, engineering and
design services, bidding services, project review time, construction, equipment
rental or usage, labor, staff time for educational outreach, and ongoing
maintenance.
d. City shall provide a site survey for the Project by December 31, 2018.
Construction of the Project shall be completed on or before April 15, 2021, unless
an extension is agreed to by both parties in writing.
C. City shall be responsible for the installation and maintenance of educational and
interpretive signage, to be jointly designed by BWA and City, to educate the
public about Low Impact Development and Green Infrastructure features and
benefits. Signage shall be installed on or before the project completion date.
f. City shall maintain the Project for a minimum of five (5) years from the date the
Project is open to the public. City may include a reasonable estimate of ongoing
maintenance costs as part of its required contribution for the Project.
g. City, through its Purchasing Division, will be available for consultation by BWA
to ensure City policies, as well as applicable state and federal laws, for quotes,
bids, and requests for proposal are followed correctly.
4. Beaver Watershed Alliance's Rights and Responsibilities.
a. BWA shall reimburse the City up to the amount of $160,000.00 for materials,
services, and expenses necessary for the installation of the Project.
b. BWA shall be responsible for providing the design and bid documents. BWA and
their consultants shall review plans with the City at schematic design, design
development, and 30/75/100 percent construction documents. City shall approve
all design and bid documents prepared by BWA or its contractors, agents, or
consultants to ensure compliance with the City's Unified Development Code,
other City ordinances and any applicable state and federal laws.
2
C. BWA shall administer the grant including any required grant reporting.
d. If BWA undertakes any services related to the Project, it shall comply with the
City's purchasing policies, and applicable state and federal laws, for contracts and
expenditures of $1,000.00 or more, including:
i. Obtaining at least three written quotes for any contract or expenditure
between $1,000.00 and $20,000.00; and
ii. Advertising for bids for any contract or expenditure over $20,000.00.
iii. Selection of engineers and other professionals through requests for
qualification as required by Arkansas law.
e. BWA shall remit reimbursement payments to the City in one lump sum when
$160,000.00 of work has been completed or at the time of substantial completion
of the project. Payment shall be made within thirty (30) days of receipt of
invoices related to the Project.
f. BWA agrees that it will require all of its contractors to indemnify, defend, and
hold harmless the City 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.
g. BWA will provide additional funding of up to $3,000 for educational and
interpretive signage which will be jointly designed with the City.
Contract Amendments. Changes, modifications or amendments to the scope, price or
fees dictated by this Contract shall not be allowed without a prior formal Contract
amendment approved by the Mayor and the City Council of Fayetteville and by the
authorized agent of BWA in advance of the change.
IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their
authorized representative effective the date set forth below.
BEAVER WATERSHED ALLIANCE CITY Of FAYE
Becky oark. Executive Director Lioneld Jor . n ayor
Date: 10-8-2020
Date: 10/13/20
�'I'.%T
oil. t NA If
��d
IN �/�U
Kara Paxton, City lerk reasurer
3
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 139-18
File Number: 2018-0300
BEAVER WATERSHED ALLIANCE COST SHARE AGREEMENT:
A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH THE BEAVER WATERSHED
ALLIANCE FOR GRANT FUNDING IN THE AMOUNT OF $163,000.00 AND ASSISTANCE IN
DESIGNING AND CONSTRUCTING A GREEN PARKING LOT AT KESSLER MOUNTAIN
REGIONAL PARK, WITH A CASH AND IN -KIND MATCH BY THE CITY OF $140,000.00, AND TO
APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a cost share
agreement with the Beaver Watershed Alliance for grant funding in the amount of $163,000.00 and
assistance in designing and constructing a green parking lot at Kessler Mountain Regional Park, with a
cash and in -kind match by the City of $140,000.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 7/3/2018
Attest:
Sondra E. Smith, City Clerk l'reasurer
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