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
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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:
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----- 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
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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
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Proposed Fayetteville Traverse
Conceptual Route Map
Fayetteville, AR
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----- 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