HomeMy WebLinkAbout213-19 RESOLUTION113
West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 213-19
File Number: 2019-0513
BID #19-37 PROGRESSIVE TRAIL DESIGN, LLC:
A RESOLUTION TO AWARD BID #19-37 AND AUTHORIZE A CONTRACT WITH PROGRESSIVE
TRAIL DESIGN, LLC IN THE AMOUNT OF $51,600.00 FOR THE CONSTRUCTION OF
APPROXIMATELY 6,600 FEET OF NATURAL SURFACE TRAIL, ARMORED STREAM
CROSSINGS, AND AN OVERLOOK AT KESSLER MOUNTAIN REGIONAL PARK, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,300.00
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 awards Bid #19-37 and
authorizes Mayor Jordan to sign a contract with Progressive Trail Design, LLC in the amount of
$51,600.00 for the construction of approximately 6,600 linear feet of natural surface trail, armored stream
crossings and an overlook at Kessler Mountain Regional Park, and further approves a project contingency in
the amount of $10,300.00.
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Li eld an, or Lisa Branson, Deputy City Clerk
Page 1 Printed on 9119119
City of Fayetteville, Arkansas 113 West Mountain Street
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c- Fayetteville, AR 72701
i (479) 575-8323
a i
Text File
File Number: 2019-0513
Agenda Date: 9/17/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A 10
BI 1) 419-37 PROGRESSIVE TRAIL DESIGN, LLC:
A RESOLUTION TO AWARD BID #19-37 AND AUTHORIZE A CONTRACT WITH PROGRESSIVE
TRAIL DESIGN, LLC IN THE AMOUNT OF $51,600.00 FOR THE CONSTRUCTION OF
APPROXIMATELY 6,600 FEET OF NATURAL SURFACE TRAIL, ARMORED STREAM
CROSSINGS, AND AN OVERLOOK AT KESSLER MOUNTAIN REGIONAL PARK, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,300.00
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 awards Bid # 19-37 and
authorizes Mayor Jordan to sign a contract with Progressive Trail Design, LLC in the amount of $51,600.00
for the construction of approximately 6,600 linear feet of natural surface trail, armored stream crossings and an
overlook at Kessler Mountain Regional Park, and further approves a project contingency in the amount of
$10,300.00.
City of Fayetteville, Arkansas Paye 1 Printed on 9/19/2019
Ken Eastin
Submitted By
City of Fayetteville Staff Review Form
2019-0513
Legistar File ID
9/17/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/21/2019
Submitted Date
Action Recommendation:
PARKS & RECREATION (520)
Division / Department
Park and Recreation planning staff recommends approval of a a contract with Progressive Trail Design of
Fayetteville, AR in the amount of $51,600 and a project contingency in the amount of $10,300 (approximately 20%)
for the construction of approximately 6,600 linear feet of natural surface trail, armored stream crossings, and a
small overlook at Kessler Mountain Regional Park per Bid #19-37.
2250.520.9255-5814.05
Account Number
16010.1701
Project Number
Budgeted Item? Yes
Budget Impact:
Parks Development
Fund
Kessler Mountain Nature Trails Grant
Project Title
Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
$ 82, 240.00
$ 5,353.60
l $ 76,886.40,
$ 61, 900.00
$ 14,986.40
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 40-14, 95-16, 44 17
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
1. CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 17, 2019
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
Ted Jack, Park Planning Superintendent
FROM: Ken Eastin, Park Planner
DATE: August 22, 2019
SUBJECT: Resolution to approve a contract with Progressive Trail Design of
Fayetteville, AR in the amount of $51,600 and a project contingency in the amount of
$10,300 (approximately 20%) for the construction of approximately 6,600 linear feet of
natural surface trail, armored stream crossings, and a small overlook at Kessler
Mountain Regional Park per Bid #19-37.
RECOMMENDATION:
Park and Recreation planning staff recommends approval of a contract with Progressive Trail
Design of Fayetteville, AR in the amount of $51,600 and a project contingency in the amount of
$10,300 (approximately 20%) for the construction of approximately 6,600 linear feet of natural
surface trail, armored stream crossings, and a small overlook at Kessler Mountain Regional
Park per Bid #19-37.
BACKGROUND:
Through the authorization of Resolution 40-14, 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. Resolution 40-14
also directed Parks and Recreation to establish a public trailhead at the Regional Park in order
to provide public access for the approximately 8 miles of existing nature, hiking, biking, and
recreational trails previously established on Kessler Mountain. Furthermore, it was determined
that a master plan be prepared to assess the condition of the existing trails and make
recommendations on new trails to be established on Kessler Mountain. Progressive Trail
Design, LLC was chosen through a Request For Proposals (RFP) selection process to prepare
the master trails plan. This plan was subsequently prepared and unanimously adopted by the
City Council on May 3`d, 2016 through Resolution 95-16.
With the preparation and adoption of the Master Trails Plan complete, Parks and Recreation
began to focus on implementation of the Plan. In order to expand existing budget opportunities
and with the Mayor's approval, Parks applied for a matching grant from the Walton Family
Foundation in November 2016. The grant was fully awarded in the amount of $210,000. The
award was then accepted by the City Council on February 7, 2017 through Resolution 44-17.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
With the addition of the funds granted through the WFF, Parks advertised a Request for
Proposals for the construction of 3.5 miles of new trail, the repair of designated portions of the
existing trail, and fabrication of trail signage. This project was awarded to Progressive Trail
Design through their proposal successfully chosen through committee. That project was
completed, but left adequate funds within the budget to complete additional work.
DISCUSSION:
Based on the remaining available budget, Parks and Recreation compiled plans and
specifications for additional new trail development that had been approved within the Master
Trails Plan. This additional project consists of 6,600 linear feet of natural surface trail,
armoring of five stream crossings, and construction of a small scenic overlook/rest area. The
project was advertised in the spring of 2019 but received no bidders. The project was again
advertised in July and received two bidders. Progressive Trail Design was the low bidder and
staff has successfully negotiated a contract for the construction of these additional trail
improvements.
BUDGET/STAFF IMPACT:
The submitted contract in the amount of $51,600, combined with a 20% contingency of $10,300,
totals $61,900. A total of $76,886.40 is available in Project 16010.1701, Kessler Mountain
Nature Trails Grant, which contains the remainder of the previous WFF grant, as well as the
City's required match.
Attachments:
SRF 2019-0513
Staff Memo
Contract — Progressive Trail Design
Resolution 40-14
Resolution 95-16
Resolution 44-17
CITY OF
FAYETTEVILLE
ARKANSAS a1.'.y.L..:
CONTRACT AGREEMENT — BETWEEN CITY AND CONTRACTOR
Project: Bid 19-37, Construction of Park Loop Trail, Kessler Mountain Regional Park
THIS AGREEMENT, made and entered into on the II day of ,2019, by and
between PROGRESSIVE TRAIL DESIGN., herein called CONTRACTOR, and the CITY OF
FAYETTEVILLE, hereinafter called the OWNER:
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents.
This project includes all work shown within the drawings/manual encompassing, but not
limited to, the following items - earthwork, clearing of trail corridor, construction of trail tread,
stone armoring of seeps and wet areas, and any items necessary to complete the project as
shown in the contract documents.
ARTICLE 2. PROJECT MANAGER
The Parks and Recreation Department, with assistance from other departments, is
responsible for project management. The Project Manager for the parks department is:
Ken Eastin, Park Planner II
City of Fayetteville Parks and Recreation Department
1455 South Happy Hollow Road
Fayetteville, Arkansas 72701
and will hereinafter be called PARKS AND RECREATION DEPARTMENT PROJECT
MANAGER and who is to act as OWNER's representative, assume all duties and
responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract documents. The city can change the Project Manager at any time.
ARTICLE 3. CONTRACT TIME
3.1 The Work specified for construction under this contract shall be substantially
complete within 90 consecutive calendar days after the date when the Contract Time
commences to run as provided in paragraph 2.03 of the General Conditions, and completed
and ready for final payment in accordance with paragraphs 14.07.B & C of the General
Mailing Address:
113 W. Mountain Street www.fayetteville-argov
Fayetteville, AR 72701
Conditions within 120 consecutive calendar days after the date when the Contract Time
commences to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of the Agreement and that the OWNER will suffer financial loss if the Work is not
completed within the times specified, plus and extensions thereof allowed in accordance
with Article 12 of the General Conditions. They also recognize the delays, expense and
difficulties involved in proving the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER two hundred and fifty dollars ($250.00) for each day that
expires after the time specified for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to
complete the remaining Work within the time specified for completion and readiness for final
payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER two hundred and fifty dollars ($250.00) for each day that expires after the time
specified for completion and readiness for final payment.
ARTICLE 4. CONTRACT PRICE
The OWNER agrees to pay, and the CONTRACTOR agrees to accept, as full and final
compensation for all work done under this agreement, the amount based on the unit prices
bid in the Proposal (BID FORM) which is hereto attached, for the actual amount
accomplished under each pay item, said payments to be made in lawful money of the
United States at the time and in the manner set forth in the Specifications.
As provided in the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by PROJECT
MANAGER as provided in the General Conditions. Unit prices have been computed as
provided in the General Conditions.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with the General
Conditions or as modified in the Supplementary Conditions. Applications for Payment will be
processed by PROJECT MANAGER as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended
by PROJECT MANAGER, on or about the 1st day of each month during construction as
provided in paragraphs 5. 1.1 and 5.1.2 below. All such payments will be measured by the
schedule of values established in the General Conditions and based on the number of units
completed in the case of Unit Price Work or, in the event there is no schedule of values, as
provided in the General Requirements.
5.1.1 Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, less the aggregate of payments previously
made and less such amounts as PROJECT MANAGER shall determine, or OWNER
may withhold, in accordance with the General Conditions.
95 percent of Work completed (with the balance of 5 percent being retainage). if Work
has been 50 percent completed as determined by the PROJECT MANAGER, and if
the character and progress of the Work have been satisfactory to PROJECT
MANAGER, OWNER, on recommendation of PROJECT MANAGER, may determine
that as long as the character and progress of the Work remain satisfactory to them,
there will be no additional retainage on account of work completed, in which case the
remaining progress payments prior to Substantial Completion will be in an amount
equal to 100 percent of the Work completed.
100 percent of materials and equipment not incorporated in the Work but delivered,
suitably stored, and accompanied by documentation satisfactory to OWNER as
provided in the General Conditions. That is, if any such items are setup for that type
payment in the Specifications.
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total
payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2
percent being retainage), less such amounts as PROJECT MANAGER shall
determine, or OWNER may withhold, in accordance with the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance
with the General Conditions, OWNER shall pay the remainder of the Contract Price ac
recommended by PROJECT MANAGER as provided in said General Conditions.
ARTICLE 6. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations,
6.1 CONTRACTOR has examined and carefully studied the Contract Documents and other
related data identified in the Bidding Documents including "technical data."
6.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance, or furnishing
of the Work.
6.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws
and Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site which have been
identified in the Supplementary Conditions as provided in the General Conditions.
CONTRACTOR accepts the determination set forth in the Supplementary Conditions of the
extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in the General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract Documents
and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges
that OWNER and PROJECT MANAGER do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with
respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained
and carefully studied (or assumes responsibility for having done so) all such additional
supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to
the site or otherwise which may affect cost, progress, performance, or furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to the employed by CONTRACTOR and safety precautions and
programs incident thereto. CONTRACTOR does not consider that any additional
examinations, investigations, explorations, tests, studies, or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions of the Contract Documents,
6.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents.
6.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
6.7 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors,
ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract
Documents and the written resolution thereof by PROJECT MANAGER is acceptable to
CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the Work.
ARTICLE 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
7.1 This Agreement
7.2 Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed
b. Contractor's Bid
C. Documentation submitted by Contractor prior to Notice of Award
7.3 Performance, Payment and other Bonds
7.4 Certificates of Insurance
7.5 Documentation submitted by CONTRACTOR prior to Notice of Selection
7.6 General Conditions
7.7 Supplementary Conditions
7.8 Specifications consisting of divisions and sections as listed in table of contents.
7.9 All addenda
7.10 One set of drawings (attached hereto) consisting of two sheets, numbered one and
two, with each sheet bearing the following general title: Construction of Park Loop
Trail Kessler Mountain Regional Park.
7.11 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to the General Conditions
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The
Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1 Terms used in the Agreement which are defined in the General Conditions will have the
meanings indicated in the General Conditions.
8.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
8.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and
legal representatives to the other parry hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
8.4 Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken and all remaining provisions shall continue
to be valid and binding upon stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible expressing the intention of the stricken provision.
8.5 Changes, modifications, or amendments in scope, price or fees to this contract shall not
be allowed without a prior formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost or fees.
8.6 Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with
Arkansas law applying to the case. The OWNER will not agree to be forced to mediate or
arbitrate any dispute.
8.7 Freedom of Information Act: City of Fayetteville 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 photo coping costs pursuant to the FOIA may be assessed
for this compliance.
8.8 No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18-44-
501 through 508) prohibits the filing of any mechanics' or materialmen's liens in relation to
this public construction project. Arkansas law requires, and the Contractor promises to
provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the
amount of this contract. Any subcontractor or materials supplier may bring an action for
non-payment of labor or materials on the bond. The Contractor promises to notify every
subcontractor and materials supplier for this project of this paragraph and obtain their
written acknowledgement of such notice prior to commencement of the work of the
subcontractor or materials supplier.
IN WITNESS WHEREOF, the City of Fayetteville and the Contractor have signed this
Agreement in duplicate. One counterpart each has been delivered to Contractor and one
counterpart has been delivered to the City of Fayetteville.
CONTRACTOR: Progressive Trail Design CITY OF FAYETTEVILLE
Fayetteville, AR 72703
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Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corpoFa -7,
entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's %s%•.�`�NSPS
en
signature
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ldl also attach a copy of the CContractor
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Incorporation and a copy from the Arkansas State Secretary of State to document that the
corporation, corporate entity or LLC is in Current "Good Standing" with the State of
Arkansas and such entity is permitted to perform work in the State of Arkansas.
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 181h day of February, 2014.
APPROVED -
By:
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
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• t_1a:
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 95-16
File Number: 2016-0211
KESSLER MOUNTAIN TRAILS MASTER PLAN:
A RESOLUTION TO ACCEPT AND ADOPT THE KESSLER MOUNTAIN TRAILS MASTER PLAN
WHEREAS, on February 18, 2014, the City Council approved Resolution No. 40-14 authorized the
purchase of 376 acres on Kessler Mountain with the assistance of the Walton Family Foundation, Chambers
Bank and the Fayetteville Natural Heritage Association; and
WHEREAS, on June 2, 2015, the City Council approved a contract with Progressive Trail Design, LLC for
the development of a Kessler Mountain Trails Master Plan; and
WHEREAS, after more than eight months of stakeholder group meetings and public input sessions, a final
draft of the Master Plan was presented to the Parks and Recreation Advisory Board, which approved the
plan unanimously; and
WHEREAS, the proposed plan makes recommendations regarding improvements to the existing trails and
proposes the construction of 7.6 additional miles of public use trails.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts and adopts the Kessler
Mountain Trails Master Plan, a copy of which is attached to this Resolution.
PASSED and APPROVED on 5/3/2016
Page 1 01inted on 5'4, fb
Resolution: 95-16
File Numhei•: 2016-0211
Attest:
6
Sondra E. Smith, City Clerk
Treasurer ti�o�tk,�1fitR
i
�'•iAYEii1V41LE
� CJI i iO
Page 2 Printed on 514116
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 44-17
File Number: 2017-0034
WALTON FAMILY FOUNDATION MATCHING GRANT:
A RESOLUTION TO ACCEPT A WALTON FAMILY FOUNDATION MATCHING GRANT IN THE
AMOUNT OF $210,000.00 FOR THE IMPLEMENTATION OF A PORTION OF THE KESSLER
MOUNTAIN MASTER TRAILS PLAN, TO AUTHORIZE MAYOR JORDAN TO SIGN THE GRANT
AGREEMENT, AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the Walton Family Foundation has proven to be a strong supporter of Fayetteville's trail
systems including the Mount Kessler acquisition; and
WHEREAS, the Walton Family Foundation has offered a 50/50 grant in the amount of $210,000.00 for the
implementation of a portion of the Kessler Mountain Master Trails Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby thanks and expresses its
gratitude to the Walton Family Foundation for its generous $210,000.00 matching grant for the
implementation of a portion of the Kessler Mountain Master Trails Plan, approves the attached Grant
Agreement, authorizes Mayor Jordan to sign this Grant Agreement and agrees to match the grant using the
Kessler Mountain Acquisition Fund and the Natural Surface Trail Development Fund.
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 2/7/2017
Page 1 — Printed on 2/8/17
Resolution: 44-17
File Number. 2017-0034
Annrnvod-
Attest:
Sondra E. Smith, City Clerk Trsa1 j` J'dt�r,�
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CITY OF
FAYETTEVILLE
WAr,__
Project Check List
This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to
prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below
only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all
requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form
as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement.
q15% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.)
- In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas
for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks
shall be made payable to the City of Fayetteville, AR.
[O'All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual
addendums or marking acknowledgement on other bid pages).
All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid
price. Total base bid should be calculated in the provided space.
All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with
submitted bid documents
All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline
on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed
envelope as well as the bidder's Arkansas Contractors License Number.
City of Fayetteville, AR
Purchasing Division —Suite 306
113 W. Mountain
Fayetteville, AR 72702
CONTRACTOR NAME: r 0"
ARKANSAS CONTRACTORS LICENSE NUMBER: 0/3 l_3 7O,5_/
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 4 of 78
City of Fayetteville
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Bid Form — Section 00 4113
NOTE TO BIDDER: Please use BLACK ink for completing this Bid Form,
Contract Name: Park Loop Trail, Kessler Mountain Regional Park
Bid Number: 19-37
BID TO:
The City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, Arkansas 72701
BID FROM:
Bidder Information:
Q
INTENT
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the Owner
in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the
Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the
other terms and conditions of the Contract Documents.
TERMS AND CONDITIONS
Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including
without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance
for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the
Agreement with the Bonds and other documents required by the Bidding Requirements within 1S days after the
date of the Owner's Notice of Award.
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 13 of 78
BID FORM Continued
BIDDER'S REPRESENTATIONS
In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all
which is hereby acknowledged:
Number Date
3
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, performance, and furnishing of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may
affect cost, progress, performance, and furnishing of the Work.
D. Bidder has carefully studied: (1) all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site. Bidder acknowledges that such reports and drawings are
not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that
Owner and Landscape Architect do not assume responsibility for the accuracy or completeness of
information and data shown or indicated in the Bid Documents with respect to Underground Facilities
and/or utilities at or contiguous to the Site.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such
additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site or
otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to
any aspect of the means, methods, techniques, sequences, and procedures of construction to be
employed by Bidder and safety precautions and programs incident thereto.
Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or
data are necessary for the determination of this Bid for performing and furnishing of the Work in
accordance with the times, price, and other terms and conditions of the Contract Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that
relates to Work for which this Bid is submitted as indicated in the Contract Documents.
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 14 of 78
BID FORM Continued
H Bidder has correlated the information known to Bidder, information and observations obtained from
visits to the Site, reports, and drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
I. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder
has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to
Bidder.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performing and furnishing the Work for which this Bid is submitted.
K. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or
corporation and is not submitted in conformity with any agreement or rules of any group, association,
organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder
to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to
refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over
any other Bidder or over Owner.
Bidder will perform the Work in compliance with all applicable trench safety standards set forth in
Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations.
BID PRICE
Bidders are required to provide pricing for all line items. Failure to provide pricing for all line items can result in
bid rejection.
The Owner intends to award this contract to the lowest qualified responsive responsible bidder based on the
evaluation of the sum of the total base bid. The Owner reserves the right to waive irregularities, reject bids,
choose the most qualified bidder for the Project, and to postpone award of the Contract for a period of time
which shall not exceed beyond 90 days from the bid opening date.
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 15 of 78
BID FORM Continued
In no case shail the amount bid for the item of "mobilization" exceed S% of the total contract amount for all
items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed S%,
the bid shall be rejected. All funds for the total project shall be shown in the Item numbers below. Bidder shall
complete the Work in accordance with the Contract Documents for the following price(s):
Item
#
Description
Unit
Quantity
Unit Price
Price
1
Mobilization (Not to Exceed 5% of
L.S.
1
���
�r
DA -grooming,
1
Total Bid)
L.S.
1
�
<9
2
Bonds and Insurance
L.S.
1
r20
t
3
Corridor Clearing and Grubbing
LF,
6,600
(6,600 LF @ 8' wide x 8' high)
4
New Trail Construction - S' wide
L.F.
6,300
�,/ .�
DO C1�
2
(6,300 LF)
/,
S
New Trail Construction - 3' wide
L. F.
300
9
69 6
(^'300 LF)
6
Armored Stream Crossing -4
SF.
680
3.0 —
locations
TOTAL BASE BID. 0/1 � Dollars
cS _telco )
DEDUCTIVE ALTERNATES
Acceptance of Alternate Bids is at the City of Fayetteville's discretion, as best serves the City of Fayetteville's
interest. The price of the Bid for each alternate will be the amount to be deducted from the price of the Total
Base Bid if the City of Fayetteville selects any of the alternates. Alternates must be taken in order of listing
below. The unit price amount for each alternate shall be the same as the unit price amount listed in the Total
Base Bid.
Item
Description
Unit
Quantity
Unit Price
Price
Scenic Overlook clearing,
DA -grooming,
1
mulching (-500 SF)
and rock placement (3 boulders)
L.S.
1
�
<9
— stone and mulch provided by
s
t
Client.
_
Armored Stream Crossings — 2
DA-
locations (on westernmost site,
eradicate dual side-by-side
S.F.
340
1c
2
crossings and construct 1 in new
location)
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 16 of 78
TOTAL BASE BID PLUS TOTAL OF DEDUCTIVE ALTERNATES:
Dollars
NOTICE: FAILURE TO PROVIDE DEDUCTIVE ALTERNATE PRICING CAN RESULT IN BID BEING REJECTED.
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 17 of 78
CONTRACT TIMES
Bidder agrees that the Work will be substantially completed and ready for final payment within the number of
calendar days indicated in the Agreement.
Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the
Work within the times specified in the Agreement.
BID CONTENT
The following documents are attached to and made a condition of this Bid:
A. Required Bid security in the form of a cashier's check from a financial institution located in the State of
Arkansas or a Bid Bond in the amount of:
il��t, 5_Q?1111 5,�rflDollars
A tabulation of Subcontractors and other persons and organizations are required to be identified in this
Bid.
SUBCONTRACTORS
No Bid shall be based upon an aggregate of Subcontractors performing more than SO percent of the total Work.
The Bidder further certifies that proposals from the following subcontractors were used in the preparation of
this Bid; and if awarded a contract, Bidder agrees not to enter into Contracts with others for these divisions of
the Work without written approval from the Owner. Bidder certifies that all Subcontractors listed are eligible to
perform the Work.
Subcontractor
Subcontractor's Division of Work
Subcontractor's Percentage of Work
Arkansas Contractor License #
Street Address, City, State, Zip Code
Subcontractor
Subcontractor's Division of Work
Subcontractor's Percentage of Work
Arkansas Contractor License #
Street Address, City, State, Zip Code
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 18 of 78
COMMUNICATIONS
Communications concerning this Bid shall be addressed to the Bidder as follows:
�
Contact Person Name: J q5l 5�r -,f QST
Telephone Number: Z//7. �n, l -/f
TERMINOLOGY
The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have
the meanings assigned to them.
CONTRACTOR'S ASSURANCES AND EXECUTION/SIGNATURE
Contractor's Assurances:
As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the
company) bidding on or participating in the project, I certify that I have read and understand the requirements
of the General and/or Supplemental Conditions and that the principles, agents and employees of the company
will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I
further certify as the authorized agent of the company that:
EQUAL OPPORTUNITY: I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246
and 11375, including inclusion of all required equal opportunity clauses in each sub -contract awarded greater
than $10,000 and I will furnish a similar statement from each proposed subcontractor, when appropriate. I will
also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the
Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution
Control Act Amendments of 1972 regarding sex discrimination.
NONSEGREGATED FACILITIES: The company that I represent does not and will not maintain any facilities
provided for its employees in a segregated manner, or permit its employees to perform their services at any
location under company control where segregated facilities are maintained; and that the company will obtain a
similar certification prior to the award of any subcontract exceeding $10,000 which is not exempt from the
equal opportunity clause.
LABOR STANDARDS: I will comply with the Labor Standards Provisions contained in the Contract Documents and
furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance. I
will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts greater than
$2,000.
OSHA REQUIREMENTS: I will comply with the Department of Labor Safety and Health Regulations promulgated
under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance
of the contract.
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 19 of 78
PROCUREMENT PROHIBITIONS: As required by Executive Order 11738, Section 306 of the Clean Air Act and
Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have
been convicted of violations of either law if the goods or services are to be produced by the facility that gave
rise to the violation.
DEBARMENT AND SUSPENSION: I certify that to the best of my knowledge and belief that the company that I
represent and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
b. Have not within a three year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,
State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification;
and
d. Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default,
I understand that a false statement on this certification regarding debarment and suspension may be grounds
for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false
statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract
awarded in excess of $25,000.
Execution/Signatures for Contractor Assurances above, Bid and Bid Form:
SUBMITTED on { �.(.� 1,� 2019.
Arkansas State General Contractor's License Number: a9y z() Srl.
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 20 of 78
BID FORM Continued
If Bidder is:
An Individual:
Name (type or printed):
By: — __(SEALI
(Individual's Signature)
Doing business as:
Business address:
Phone No: Fax No
Email address:
A Partnership:
Partnership Name (SEAL)
By:
(Sgnature of general partner-attach evidence of authority to sign)
Name (type or printed):
Business address°
Phone No: Fax No:
Email address:
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 21 of 78
BID FORM Continued
A Corporation or Limited Liability Company (LLC):
Corporation Name:1 n)9r �� �/e..�"TrzXc s,.gtj LLC. (CORPORATE SEAL)
State of Incorporation:
Type (General Business, Professional, Service, Limited Liability)
I
(Signature of general partner -attach evidence of authority to sign)
Name (type or printed):
Title: Pres, Uu
Attest: jA'�)
(S/gnalure of Corporate Secretary)
Business address: '3"5w'?—' --3 t , j,.1j % Z>O-. #�a "� &
5
Phone No: 4-11 g — h'.�D �� 17 Fax No:
Email address:
END OF
BID FORM
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 22 of 78
City of Fayetteville
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Bid Bond — Section 00 4116
STATE OF ARKANSAS
KNOW ALL MEN BY THESE PRESENTS, that we:
rincipal and Contractor,
and
hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Arkansas and represented by
its Mayor and City Council, hereinafter called Owner, in the sum of
1r2' �t(L c 1t7�itrr�l� Pipk.eDOLLARS
lawful money of the United States of America, for the payment of which well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.
WHEREAS, the Principal contemplates submitting or has submitted a bid to the Owner for the furnishing of all
labor, materials (except those to be specifically furnished by the Owner), equipment, machinery, tools,
apparatus, means of transportation for, and the performance of the work covered in the Bid and the detailed
Drawings and Specifications, entitled:
Construction — Park Loop Trail,
Kessler Mountain Regional Park
City of Fayetteville, Arkansas
WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check or bid bond in the
amount of 5 percent of the base bid be submitted with said bid as a guarantee that the Bidder would, if
awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract
within 15 consecutive calendar days after written notice having been given of the award of the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within 15 consecutive calendar
days after written notice of such acceptance enters into a written Contract with the Owner and furnishes a
Contract Surety Bond in an amount equal to 100 percent of the base bid, satisfactory to the Owner, then this
obligation shall be void; otherwise the sum herein stated shall be due and payable to the Owner and the Surety
herein agrees to pay said sum immediately upon demand of the Owner in good and lawful money of the United
States of America, as liquidated damages for failure thereof of said Principal.
City of Fayetteville, AR
Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid
Page 23 of 78
TOWN Of
�A5TLE RoCK
G O t 0 2 A D 0
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 berms, 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.
Sincerglyr---_�
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
wilderness
matters
April 7, 2015
Jack McMahan
To whom it may concern,
E. Peter Moi- i man, Jr.
Tricia LEverett My name is Jack McMahan of Wilderness Matters, Inc., a non-profit dedicated to
Martha 1.r'er-etti creating accessible natural experiences. One of our first big trail projects was the
renovation of Martin Nature Park in Oklahoma City, OK. The goal was to fund the
design and construction of a world-class, natural surface accessible trail.
In order to achieve results and make a final decision to hire Progressive Trail
Designs I interviewed park owners and managers from 19 municipal parks
across the United States. I met with park rangers working for the National Parks
Service and the Accessibility coordinator for the US Forest Service who helped
me understand the concepts of sustainable trail construction and the benefits of
selecting an experience, professional trail builder. I joined the American Trail
Association and with their guidance met and interviewed the president of the
Professional Trail Builders Association. Collectively, these energetic, caring
professionals helped me identify and interview five trail building companies who
bid on our project at Martin Park.
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
to fulfill a remarkable solution that captured my vision while protecting the
critical environment of the 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 results.
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 budget. 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 Director
1713 Huntington Ave,, Nichols H01 is, OK 7,3116 4105.i48.0114 �
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
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.
5. 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 ricers 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 yob 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 • A501(C)(3)Corporation
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Progressive Trail Design, LLC as principal, hereinafter called
the "Principal," and SURETEC INSURANCE COMPANY, 1330 Post Oak Boulevard, Suite 1100, Houston, Tx
77056, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Fayetteville, Arkansas as
obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid by Principal for the
payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the principal has submitted a bid for Construction - Kessler Mountain Trails Rebid,
NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as
specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such
Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the
amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution
of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that
financing has been firmly committed to cover the entire cost of the project.
SIGNED, sealed and dated this 1st day of August, 2019.
Progressive Trail Design, LLC
(Principal)
TITLE:
SureTec Insurance Company
ABY: � b,, L ,-5-
Danny L�e Schneider, Attorney -in -Fact
SureTec Bid Bond Rev 1.1.06
POA #, 410021
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Michael A Luttrell, Danny L Schneider, Billy Eugene Bennett Jr., Adrian W Luttrell
its true and lawful Attorney-in-fact, with fall power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
attorney -in -Fact may be given frill power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by faesimile, and any power of attorney, or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20't' of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to
be hereto affixed this 22nd day of May A.D. 2018 .
SURETEC CE PANY
S�yRANp�,
w +' y �L By.
W. w Iz John K Jr., Cbb-
State of Texas ss: -1 ,'
County of Harris • ..
On this 22nd day of May , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say,
that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
7�1
��
NWy
Xe"avez, (votary Public
�Iyf_ commission expires September 1 , 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 1st day of Aust ll, 201 _, A.D.
.. ,�
. BretntBeaty, AssiAtant Secreta
Any Instrument issued In excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 6:00 pm CST.
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11
Bond No.:4426338
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
We, Progressive Trail Design LLC, as principal, hereinafter called Principal, and Suretec Insurance Company, as
Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville , as Obligee, hereinafter called Owner, in
the amount of Fifty One Thousand Six Hundred and no/100 Dollars ($51,600.00 ), for the payment whereof Principal and
Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these
presents.
Principal has by written agreement dated 09/17/2019 entered into a contract with Owner for Bid 19-37, Construction of
Park Loop Trail, Kessler Mountain Regional Park which contract is by reference made a part hereof, and is hereinafter referred to
as the Contract.
The condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall
fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and
shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default,
and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said
contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under
this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force
and effect.
No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding
shall be brought on this bond except by Owner, unless it is brought in accordance with A.C.A. Section 22-9-403 (b) and A.C.A.
Section 18-44-503 (b) (Supp. 1987) as amended, nor shall any suit, action or proceeding be brought by the Owner after two years
from the date on which the final payment under the Contract falls due.
Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the
Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or
the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs,
personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such
alteration, extension or forbearance being hereby waived.
In no event shall the aggregate liability of the Surety exceed the sum set out herein.
Executed on this 27th day of September, 2019.
IIII I I IIII IIII III II I I I I II II II I I II
Doc ID: 018830140002 Type: LIE
Kind: PERFORMANCE BOND
Recorded: 10/02/2019 at 09:54:45 AM
Fee Amt: $20.00 Paqe 1 of 2
Washinqton County, AR
Kyle Sylvester Circuit Clerk
FileB036-00000278
Progressive Trail Design, LLC
SureTec Insurance Company
By L`
Danny L Schneider ATTY-IN-FACT.
POA o. 410021
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and. having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Michael A Luttrell, Danny L Schneider, Billy Eugene Bennett Jr., Adrian W Luttrell
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal
of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`x' of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to
be hereto affixed this 22nd day of May A.D. 2018 .
SARAN SURETEC CE PANY
\a : •.............. o
tib'' X 9 '':°�= By.
w; w n' John Jr., C
rt (, Zg /j
State of Texas ss: ��:•, � ,��
County of Harris S
On this 22nd day of May , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say,
that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
XENIA i_'HAVEG
._Notary Public, State Of Texas
l yti zF Cornrn. Expires 09-10-2020
Notary iD 129117659
Xe . iavez, Notary Public
JW commission expires September l , 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC rNSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand. and the seal of said Company at Houston, Texas this27th day of , A.D.
IZO—
A Br t eaty, Assi tant Secreta
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST.
Washington County, AR
Kyle Sylvester Circuit Clerk
280 N College, Suite 302
Fayetteville, AR 72701
Phone Number: (479)444-1540
Fax Number: (479)444-1537
E -Mail; ksylvestergco.washington.ar.us
Official Receipt: 2019-00023518
Printed on 10/02/2019 at 09:54:55 AM
BY: 51 on CIRC-WX10
PROGRESSIVE TRAIL DESIGN
Date Recorded: 10/02/2019
instrument ID Recorded Time Amount
8036-00000278 09:54:45 AM $20.00
BONDS
PROGRESSIVE TRAIL DESIGN LLC
TO:CITY OF FAYETTEVILLE
Itemized Check Listing
Check # 5853 $20.00
Total Due: $20.00
Paid By Check: $20.00
Change TRidered; $0.00