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HomeMy WebLinkAbout225-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 225-20 File Number: 2020-0726 BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS: A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS FOR THE CONSTRUCTION AND MAINTENANCE OF THE FAYETTEVILLE TRAVERSE TRAIL ON CITY AND OTHER PROPERTY WHEREAS, in early 2018 the City of Fayetteville accepted a grant from the Walton Family Foundation, Inc. to purchase approximately 228 acres known as Centennial Park at Millsap Mountain" for development and expansion of a soft surface trails system for competitive and general recreation opportunities; and WHEREAS, in 2019, the City entered into a contract with the Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the construction of approximately 12 miles of soft surface trails at Centennial Park at Millsap Mountain; and WHEREAS, growing out of that work was a proposal for NWA Trailblazers to design and with approval of the City construct portions of a loop trail to be called the Fayetteville Traverse Trail that would link Kessler Mountain, Centennial Park, Markham Hill, the University and other parts of the city at no cost to the City; and WHEREAS, the NWA Trailblazers has agreed to maintain its constructed portions of the Fayetteville Traverse Trail at no cost to the City for a period of years as specified in the Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Printed on 9/10✓20 Resolution: 225-20 File Number: 2020-0726 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby thanks the Walton Family Foundation for its generous gift to pay for the NWA Trailblazers' work on the Fayetteville Traverse Trail and authorizes Mayor Jordan to sign a contract with Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the design, construction and maintenance of the Fayetteville Traverse Trail at no cost to the City. PASSED and APPROVED on 9/15/2020 Attest: 6otN01p ,z .���'' • SdSNbS�,' ysb',. —k-n W"A 311143113AVd ; = Kara Paxton, City Clerk Treasuk" Page 2 Printed on 9116120 City of Fayetteville, Arkansas 113West Mountain Street " Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0726 Agenda Date: 9/15/2020 Version: 1 Status: Passed In Control: City Council Meeting Fife Type: Resolution Agenda Number: A. 5 BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS: A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS FOR THE CONSTRUCTION AND MAINTENANCE OF THE FAYETTEVILLE TRAVERSE TRAIL ON CITY AND OTHER PROPERTY WHEREAS, in early 2018 the City of Fayetteville accepted a grant from the Walton Family Foundation, Inc. to purchase approximately 228 acres known as Centennial Park at Millsap Mountain" for development and expansion of a soft surface trails system for competitive and general recreation opportunities; and WHEREAS, in 2019, the City entered into a contract with the Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the construction of approximately 12 miles of soft surface trails at Centennial Park at Millsap Mountain; and WHEREAS, growing out of that work was a proposal for NWA Trailblazers to design and with approval of the City construct portions of a loop trail to be called the Fayetteville Traverse Trail that would link Kessler Mountain, Centennial Park, Markham Hill, the University and other parts of the city at no cost to the City; and WHEREAS, the NWA Trailblazers has agreed to maintain its constructed portions of the Fayetteville Traverse Trail at no cost to the City for a period of years as specified in the Contract. 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 the Walton Family Foundation for its generous gift to pay for the NWA Trailblazers' work on the Fayetteville Traverse Trail and authorizes Mayor Jordan to sign a contract with Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the design, construction and maintenance of the Fayetteville Traverse Trail at no cost to the City. City of Fayetteville, Arkansas Page I Printed on 911612020 City of Fayetteville Staff Review Form 2020-0726 Legistar File ID 9/15/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ted Jack 8/26/2020 Submitted By Submitted Date Action Recommendation: PARKS & RECREATION (520) Division / Department Approval of a contract with the NWA Trailblazers to allow construction of the Fayetteville Traverse Trail on city property and rights -of -way. This project is funded by philanthropic sources. Budget Impact: n/a n/a Account Number n/a Fund Fayetteville Traverse Trail Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 15, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Connie Edmonston, Parks Director FROM: Ted Jack, Park Planning Superintendent DATE: August 25, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a contract with the NWA Trailblazers to allow construction of the Fayetteville Traverse Trail on city property and rights -of -way as indicated on the attached Fayetteville Traverse map. RECOMMENDATION: Approval of a contract with the NWA Trailblazers to allow construction of the Fayetteville Traverse Trail on city property and rights -of -way as indicated on the attached Fayetteville Traverse map. BACKGROUND: In early 2018, the City of Fayetteville accepted a grant from The Walton Family Foundation, Inc. to purchase Centennial Park at Millsap Mountain for the development and expansion of a soft surface trails system for competitive and general recreation opportunities. The city entered into an agreement with Trailblazers sharing the development of the park, with Trailblazers focusing their attention on the soft surface trails and trail features. Growing out of that work was an idea to create a loop trail that would link Kessler, Centennial, Markham Hill, the University, and other portions of the city. That idea has grown into the Fayetteville Traverse Trail (FTT). This agreement will allow Trailblazers, at no costs to the city, to construct multi -use soft surface trail in segments on city property and trail ROW as part of the work necessary to create the FTT. The multi -use FTT will provide a unique trail experience for the people of Fayetteville and tourists who visit our city. DISCUSSION: The attached agreement allowing Trailblazers to construct the trail is modeled after the agreement used successfully at Centennial Park where Trailblazers has constructed approximately 12 miles of soft surface trails. The attached conceptual map illustrates the general alignment of the FTT. Most of the soft surface trail construction on city property will occur at Kessler (-3000 If) primarily utilizing a section of unbuilt trail that is on the Kessler Trail Master Plan and at the new city property on Markham Hill (-4000 If). Additionally, some existing trails that will serve as the FTT at Kessler will be enhanced. In other areas, short sections may be needed to cross city property or take advantage of significant features that can enhance the trail experience primarily along the Razorback Greenway. Some segments take advantage of residential streets for connections. The layout and construction of trail segments will balance the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 desire to create unique trail experiences with the long-term maintenance of creating new trail infrastructure and impacts to the environment. BUDGET/STAFF IMPACT: This work to build the soft surface trail infrastructure is being funded by philanthropic sources. Staff will be delegating time to supervise the contract as needed. NWA Trailblazers will maintain portions of the trail built on private property. Approximately 8500 If of new soft surface trail will be built on city property. City Parks and Ozark Off Road Cyclist will maintain portions of the trail on city property and existing city trail ROW. Attachments: Staff Review Form Contract with NWA Trailblazers Fayetteville Traverse Trail Conceptual Map CONTRACT This contract is entered into and agreed to by and between the City of Fayetteville ("City") and the Bentonville / Bella Vista Trailblazer's Association ("Trailblazers'), Incorporated, D/B/A NWA Trailblazers. WHEREAS, the City of Fayetteville and NWA Trailblazers have worked on trail construction at Centennial Park at Millsap Mountain, and one of the trails being constructed is named the Fayetteville Traverse; and WHEREAS, the Fayetteville Traverse Trail (FTT) is meant to create a primarily soft surface multi -use trail loop connecting city amenities including Centennial Park, Kessler Mountain Regional Park, Razorback Greenway, University of Arkansas, Markham Hill, and other areas of the city; and WHEREAS, Trailblazers has sufficient resources and funding to construct the necessary soft surface FTT segments constructed as generally outlined in the attached FTT Map; and WHEREAS, the purpose of this contract is to establish the terms for the Trailblazers to coordinate efforts, including management, contracting, and construction of the FTT soft surface trails, trail features, and related development on city property and right-of-ways. NOW, THEREFORE, IN CONSIDERATION OF AND IN AGREEMENT WITH ALL OF THE TERMS, CONDITIONS, PROMISES, COVENANTS AND OBLIGATIONS within this agreement, the City and Trailblazers promise and covenant as follows: 1. Trailblazers agrees that it has the exclusive obligation to timely and satisfactorily perform and accomplish (possibly through its general contractor or contract manager) the following duties and responsibilities related to the design and construction of the FTT infrastructure: a. The FTT is composed of many segments. Trailblazers will provide the necessary and normal project coordination needed to create the soft surface trail improvements comprising the FTT. Trailblazers will coordinate with city personnel to approve the alignment of trail segments on City property or right-of-ways. b. Once construction starts on a segment, Trailblazers will reach substantial completion within six months of the start of construction. Substantial completion shall be defined as the date when the trail segment is sufficiently complete to host pubic riding and hiking. C. Providing complete trail design of the overall soft surface trail and trail infrastructure and each component therein; d. Building the trail system and its components to industry standards including standards illustrated in "Lightly on the Land - The Student Conservation Association's Trailbuilding and Maintenance Manual," and the USDA Forest Service, Trail Construction and Maintenance Handbook, and "Trail Solutions - The International Mountain Bicycling Association's Guide to Building Szneet Singletrack." All trails and features are to be tested to insure they operate properly and as intended before being open to the public. e. Working with contractors and subcontractors to reduce environmental impacts to the sites during construction, including avoiding existing springs, large trees, and other environmentally sensitive areas. f. Ensuring signage is in place before the trails are open to the public cautioning the public about the use, risk, and challenges of the trails. Signage shall be coordinated and approved by the City prior to installation. g. Working to ensure the safety of the public during the construction of the soft surface trail areas. Such areas may be closed to the public with appropriate warning signage upon authorization of city personnel. h. Coordinating with professional mountain bike riders to field test, inspect and flow check all of the trails built for the project. i. Paying all contractors, subcontractors, materials suppliers and professional service providers in a proper, complete, and timely manner; j. Resolving, settling, and/or paying all legitimate claims related to the construction of the soft surface trail infrastructure; k. Paying all applicable taxes on services and equipment related to its obligations in a prompt and full manner; 1. Maintaining adequate insurance from the date of commencement until the date of acceptance of the work by the City. Trailblazers shall maintain the following minimum amount of msurance coverage: i. Commercial general liability, $1 million minimum ii. Workers Compensation, as required by state statute iii. $1 million minimum Commercial automobile liability In. Consulting with the City if any public funds are received for any portion of the project related to the soft surface trails prior to the expenditure or pledge of such public funds to ensure compliance with all applicable state and local laws. n. The layout and construction of trail segments will balance the desire V% to create unique trail experiences with the long-term maintenance of creating new trail infrastructure and impacts to the environment. Work to enhance existing trails to be used as the FTT will be reviewed and approved in the field by city staff. Trailblazers will clearly mark the proposed routes of new trail (in segments) for the Fayetteville Traverse trail in the field and construct the route following the agreed upon routing. Work is not to start until the City has given authorization in writing for the clearly marked trail segments. Any deviations must be approved by the city in writing. 2. The City of Fayetteville agrees that it shall: a. Provide access to the project sites at hours approved by the Parks & Recreation Director or City Engineer. b. Reasonably cooperate with Trailblazers during the application and approval process for any required permits if applicable. C. Review the proposed route in the field and provide written authorization to proceed on individual trail segments. d. Maintain the trail sections on city property after completion by Trailblazers. 3. Trailblazers agrees that the City of Fayetteville has no responsibility or liability for any of the obligations listed in section 1. 4. Trailblazers shall follow all federal, state and local laws for the entire contract term of this project including but not limited to applicable licensing and regulations required by the Arkansas Contractor's Licensing Board. 5. Trailblazers agrees to indemnify and hold harmless the City of Fayetteville, its officers and employees from any and all claims, demands, liabilities, and costs including attorney fees related to the design and/or construction of the soft surface trails. 6. Trailblazers agrees to fully and promptly comply with the Arkansas Freedom of Information Act and acknowledges that any documents, reports, statements, etc. relating to the use of public funds for this project are subject to the Freedom of Information Act. 7. This agreement can be canceled at any time by either Party's giving of sixty- (60) day's advance written notice to the other party. If canceled, trail segments that are under construction at the time of the notice shall be completed or otherwise made safe for the public by Trailblazers. 3 Continued on next page. In agreement with all the terms, conditions, promises and agreements previously stated, we sign our names below and expressly covenant that we are legally empowered to bind the entity for which we sign. NWA TRAILBLAZERS By: R. Erin Rushing Printed name Title: Executive Director Date: 8-24-20 , 2020 WITNESS: By: ` / U�d'-)1 Gina Nida Printed Name Title: Executive Assistant Date: 8-24-20 End of document. ATTEST: Kara Paxton, City Clerk/Treasurer Date: 4 Owl Creek Side th ;� �1761' �Flli C'm Creek School N,40'\ VVEDINGTON OR Tunnel Under Interstate Highway C. -------- Fay..—dw pmpeqy Easements to be obtained through Private Property Finger Perk RN." Junior High tSc' NORTH ST Leverett rer-nm School MAPLE ST University .A. CE Of Arkansas• ff2 F'�I­V.S'Ua. oak Sidep Cultural Ms Cpddor Fayett—fle High School - -- - - - - - - --- ItineTraii 15TH ST CATO SPRINGS RD /_'. 50, ----- Proposed Fayetteville Traverse ------ Traverse Connection MTB Trails (Planned) MTB Trails (Existing) Paved Trails Razorback Regional Greenway Soft Surface- City Property/ ROW Hard Surface (existing) -City Property/ROW Proposed Fayetteville Traverse Conceptual Route Map Fayetteville, AR Kesslu Mouhtaln7R"i.n.l Park c" Ca csmhw T.,111 WALTON FAMILY F 0 0 N D A T 1 0 N 8/25/2020 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff Connie Edmonston, Park Planning Superintendent Ted Jack, Parks and Recreation t FROM: Kit Williams, City Attorney DATE: September 10, 2020 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Amendment Needed for Resolution for Construction of the Fayetteville Traverse Trail The NWA Trailblazers who have agreed to use the generous funding from the Walton Family Foundation to design and construct portions of the Fayetteville Traverse Trail concentrating initially on Kessler Mountain and Centennial Park on Millsap Mountain as well as connections to the Razorback Greenway, but to eventually extend to Markham Hill and around most of Fayetteville. After the initial Resolution and contract were prepared and placed on your Agenda, the NWA Trailblazers informed Connie and Ted that they had sufficient funding from the Walton Family Foundation that they could also agree to maintain their new trail segments after construction for a number of years. I happily drafted a revised Resolution (attached) and contract (also attached) to reflect the offered maintenance which should save the City the maintenance costs of these mostly soft surface trails for a number of years. Since this Resolution was placed on the Consent Agenda, a Council Member needs to request its removal before the Consent Agenda is read by Mayor Jordan in order to amend the Resolution and approve the contract. Pursuant to your Rules of Order and Procedure A. 7. c.: "If a Council Member wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon." Upon its consideration after the Consent Agenda vote, someone will need to amend the Resolution and approve the revised Contract. To inform our citizens about this gift, I believe that Ted Jack will give a brief description of the Fayetteville Traverse Trail, especially relating to the two western mountains, expected construction time, etc. RESOLUTION NO. ZZ15- Z�o A RESOLUTION TO AUTHORIZE A CONTRACT WITH BENTONVILLE/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC. D/B/A NWA TRAILBLAZERS FOR THE CONSTRUCTION AND MAINTENANCE OF THE FAYETTEVILLE TRAVERSE TRAIL ON CITY AND OTHER PROPERTY WHEREAS, in early 2018 the City of Fayetteville accepted a grant from the Walton Family Foundation, Inc. to purchase approximately 228 acres known as Centennial Park at Millsap Mountain' for development and expansion of a soft surface trails system for competitive and general recreation opportunities; and WHEREAS, in 2019, the City entered into a contract with the Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the construction of approximately 12 miles of soft surface trails at Centennial Park at Millsap Mountain; and WHEREAS, growing out of that work was a proposal for NWA Trailblazers to design and with approval of the City construct portions of a loop trail to be called the Fayetteville Traverse Trail that would link Kessler Mountain, Centennial Mountain, Markham Hill, the University and other parts of the City at no cost to the City. WHEREAS, the NWA Trailblazers has agreed to maintain its constructed portions of the Fayetteville Traverse Trail at no cost to the City for a period of years as specified in the Contract. 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 the Walton Family Foundation for its generous gift to pay for the NWA Trailblazers work on the Fayetteville Traverse Trail and authorizes Mayor Jordan to sign a contract with Bentonville/Bella Vista Trailblazer's Association, Inc. d/b/a NWA Trailblazers for the design, construction and maintenance of the Fayetteville Traverse Trail at no cost to the City. PASSED and APPROVED this 150' day of September, 2020. TEST: W111111IIpp ' AYETTEVILLE ;�' KARA PA TO ,City Clerk/Treasure'a %��y/NG 'ON1c�``��� CONTRACT This contract is entered into and agreed to by and between the City of Fayetteville ("City") and the Bentonville / Bella Vista Trailblazer's Association ("Trailblazers"), Incorporated, D/B/A NWA Trailblazers. WHEREAS, the City of Fayetteville and NWA Trailblazers have worked on trail construction at Centennial Park at Millsap Mountain, and one of the trails being constructed is named the Fayetteville Traverse; and WHEREAS, the Fayetteville Traverse Trail (FTT) is meant to create a primarily soft surface multi -use trail loop connecting city amenities including Centennial Park, Kessler Mountain Regional Park, Razorback Greenway, University of Arkansas, Markham Hill, and other areas of the city; and WHEREAS, Trailblazers has sufficient resources and funding to construct the necessary soft surface FTT segments constructed as generally outlined in the attached FTT Map; and WHEREAS, the purpose of this contract is to establish the terms for the Trailblazers to coordinate efforts, including management, contracting, and construction of the FTT soft surface trails, trail features, and related development on city property, public access easements, and rights -of -way. NOW, THEREFORE, IN CONSIDERATION OF AND IN AGREEMENT WITH ALL OF THE TERMS, CONDITIONS, PROMISES, COVENANTS AND OBLIGATIONS within this agreement, the City and the Bentonville/Bella Vista Trailblazers Association, Inc. promise and covenant as follows: 1. Bentonville/ Bella Vista Trailblazer's Association, Inc. agrees that it has the exclusive obligation and shall timely and satisfactorily perform and accomplish (possibly through its general contractor or contract manager) the following duties and responsibilities related to the design, construction, and initial maintenance of the Fayetteville Traverse Trail (FTT) infrastructure: a. The FTT is composed of many segments. Trailblazers will provide the necessary and normal project coordination needed to create the soft surface trail improvements comprising the FTT. Trailblazers will coordinate with city personnel to approve the alignment of trail segments on City property, city controlled public access easements, and rights -of -way. b. Once construction starts on a segment, Trailblazers will reach substantial completion within six months of the start of construction. Substantial completion shall be defined as the date when the trail segment is sufficiently complete to host pubic riding and hiking. C. Providing complete trail design of the overall soft surface trail and trail infrastructure and each component therein; d. Building the trail system and its components to industry standards including standards illustrated in "Lightly on the Land - The Student Conservation Association's Trailbuilding and Maintenance Manual," and the USDA Forest Service, Trail Construction and Maintenance Handbook, and "Trail Solutions - The International Mountain Bicycling Association's Guide to Building Szveet Singletrack." All trails and features are to be tested to insure they operate properly and as intended before being open to thepublic. e. Working with contractors and subcontractors to reduce environmental impacts to the sites during construction, including avoiding existing springs, large trees, and other environmentally sensitive areas. f. Ensuring signage is in place before the trails are open to the public cautioning the public about the use, risk, and challenges of the trails. Signage shall be coordinated and approved by the City prior to installation. g. Working to ensure the safety of the public during the construction of the soft surface trail areas. Such areas may be closed to the public with appropriate warning sgnage upon authorization of city personnel. h. Coordinating with professional mountain bike riders to field test, inspect and flow check all of the trails built for the project i. Paying all contractors, subcontractors, materials suppliers and professional service providers in a proper, complete, and timely manner; j. Resolving, settling, and/or paying all legitimate claims related to the construction of the soft surface trail infrastructure; k. Paying all applicable taxes on services and equipment related to its obligations in a prompt and full manner; 1. Maintaining adequate insurance from the date of commencement until the date of acceptance of the work by the City. Trailblazers shall maintain the following minimum amount of insurance coverage: i. Commercial general liability, $1 million minimum ii. Workers Compensation, as required by state statute iii. $1 million minimum Commercial automobile liability M. Consulting with the City if any public funds are received for any portion of the project related to the soft surface trails prior to the expenditure or pledge of such public funds to ensure compliance with all applicable state and local laws. 2 n. The layout and construction of trail segments will balance the desire to create unique trail experiences with the long-term maintenance of creating new trail infrastructure and impacts to the environment. Work to enhance existing trails to be used as the FTT will be reviewed and approved in the field by city staff. Trailblazers will clearly mark the proposed routes of new trail (in segments) for the Fayetteville Traverse trail in the field and construct the route following the agreed upon routing. Work is not to start until the City has given authorization in writing for the clearly marked trail segments. Any deviations must be approved by the city in writing. o. Agrees to maintain the completed trail segments in good condition at no cost to the city for one and one half (1.5) years after completion. 2. The City of Fayetteville agrees that it shall: a. Provide access to the project sites at hours approved by the Parks & Recreation Director or City Engineer. b. Reasonably cooperate with Trailblazers during the application and approval process for any required permits if applicable. C. Review the proposed route in the field and provide written authorization to proceed on individual trail segments. d. Review and make recommendations for routes on private land easements or licenses which shall built to the same considerations and standards as all other FTT trails. e. Maintain the trail sections on city property for at least five (5) years after completion by Trailblazers and Trailblazers' maintenance of the trails for one and one half (1.5) years. 3. Trailblazers agrees that the City of Fayetteville has no responsibility or liability for any of the obligations listed in section 1. 4. A large portion of the FTT will be on private land or other property not controlled by the City of Fayetteville. Those portions of trails shall be maintained by Trailblazers or their contractors in good condition for at least five (5) years. Acquisition of public access easements or other methods of acquiring public access for trail use shall be the responsibility of the Trailblazers. 5. Trailblazers shall follow all federal, state and local laws for the entire contract term of this project including but not limited to applicable licensing and regulations required by the Arkansas Contractor's Licensing Board. 6. Trailblazers agrees to indemnify and hold harmless the City of Fayetteville, its officers and employees from any and all claims, demands, liabilities, and costs including attorney fees related to the design and/or construction of the soft surface trails. 7. Trailblazers agrees to fully and promptly comply with the Arkansas Freedom of Information Act and acknowledges that any documents, reports, statements, etc. relating to the use of public funds for this project are subject to the Freedom of Information Act. S. This agreement can be canceled at any time by either Party's giving of sixty- (60) day's advance written notice to the other party. If canceled, trail segments that are under construction at the time of the notice shall be completed or otherwise made safe for the public by whichever party cancels the contract. In agreement with all the terms, conditions, promises and agreements previously stated, we sign our names below and expressly covenant that we are legally empowered to bind the entity for which we sign. BENTONVILLF/BELLA VISTA TRAILBLAZER'S ASSOCIATION, INC, By: C�� �� R. Erin Rushing; Printed name Title: Executive Director Date: 9-11-2020 .2020 `,,11111rrrrrrI WITNESS: r r ATTEST: ���G��RK / TRF�i,�� By: a&a Gina Nida Kara Paxton, City Clerk/Treasurer= FAYET7EVILLE Printed Name �'. 9 Date: L(' / r2��O ANS .•. Title: Executive Assistant -�-- �'�,9sy� 'Qk • . K`�; Date: 9-11-20 4 T"""'U". = Ei, ---":o b. ibi,,I-d llrau City cby M P,.Pwy 4 XI PHASE 1 El 1111100twilliolm R«, Co. TnL Proposed Fayetteville Traverse Conceptual Route Map Fayetteville, AR C.1111" AM C-Nior ----- Proposed Fayetteville Traverse Traverse Connection IVITB Trails (Planned) IVITB Trails (Existing) Paved Trails Soft Surface- City Property/ ROW Hard Surface - City PropertylROW WALTON FAMILY 1 0 U N 1) A F 1 0 N 91100`2020