HomeMy WebLinkAboutOrdinance 5538 ORDINANCE NO. 5538
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND
APPROVE A MEMORANDUM OF AGREEMENT BETWEEN THE
ARKANSAS FORESTRY COMMISSION AND THE CITY OF
FAYETTEVILLE TO PAY $20,000.00 AND $24,995.00 RESPECTIVELY TO
PLAN-IT GEO TO CONDUCT A TREE CANOPY ANALYSIS FOR
FAYETTEVILLE
WHEREAS, Section 167.03 of the Fayetteville Code, Tree Registry and Urban Forest
Analysis requires the City to "initiate a tree canopy analysis in 2012"; and
WHEREAS, the Arkansas Forestry Commission has agreed to pay $20,000.00 of the
$44,995.00 needed to pay Plan-It Geo (which was competitively selected through a Request for
Proposals process) for the tree canopy analysis.
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 determines
that such circumstances make formal competitive bidding impractical and therefore waives
formal competitive bidding and agrees to enter into a Memorandum of Agreement with the
Arkansas Forestry Commission to cost share the services of Plan-It Geo to obtain the necessary
tree canopy analysis for Fayetteville which will be shared by the Commission and Fayetteville
and authorizes Mayor Jordan to execute this Agreement which requires the City to pay
$24,995.00 and the Commission to pay$20,000.00.
PASSED and APPROVED this 16'h day of October, 2012.
APPROVED: ATTEST:
ly
y: By: ..
NELD AN, Mayor SONDRA E. SMITH, City Clerk/Tre-pul;�r YYETTEVILLE:
9s•.�'KANSP '���
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts,Leases or Agreements
10/16/2012
City Council Meeting Date
Agenda Items Only
Megan Dale Park Planning/Urban Forestry Parks and Recreation
Su itted By Division Department
Action Required:
Approval of a bid waiver and a Memorandum of Agreement with Arkansas Forestry Commission to participate in an
Urban Tree Canopy Assessment, as required by Chapter 167.03(C)Urban Forest Analysis.
$24,995 $80,000 Forestry,Safety and ADA Compliance
Cost of this request Category/Project Budget Program Category/Project Name
4470.9470.5314.00 $0 Urban Forest Analysis
Account Number Funds Used to Date Program/Project Category Name
02045.1201 $80,000 Sales Tax Fund
Project Number Remaining Balance Fund Name
Budgeted Item �x Budget Adjustment Attached Q
r
7 f Previous Ordinance or Resolution#
Dep ent Dir Date
(� 1 Original Contract Date:
- - -- (
"TZ- 0-- Original Contract Number:
City Attorney Date
, 261
Finance and internal Services Director Date Received in City 09-2:,- ? % P 0 3:3 9 P C V u
Clerk's Office I
Chief of S ff Date ENER
Received in
Mayor's Office 1.�I�
a or 16ate
Comments:
Revised January 15,2009
Fayl
�]1 THE CITY OF FAYETTEVILLE,ARKANSAS
Y j. DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
Alison Jumper,Park Planning Superintendent
From: Megan Dale, Urban ForesteQ0
Date: 16 October 2012
Subject: Urban Tree Canopy Assessment Grant—Bid Waiver and Memorandum of Agreement
between Arkansas Forestry Commission and City of Fayetteville
PROPOSAL
Staff is requesting approval of a bid waiver and a Memorandum of Agreement with the Arkansas Forestry
Commission to participate in an urban forest canopy assessment. Chapter 167: Tree Preservation and Protection
states that an Urban Tree Canopy Assessment must be completed every 10 years.The last study was done in
2002 and a new study is due to be completed this year.
The Arkansas Forestry Commission(AFC)desires to partner with the City of Fayetteville(COF)to participate
in an urban forest canopy assessment which is part of a regional program through the USDA Forest Service.
The AFC and COF will work with a consultant to provide an assessment of the Urban Tree Canopy(UTC)for
COF. This UTC Assessment will include both public and private trees. Partial funding is provided by the USDA
Forest Service.
The study is part of a three state project where tree canopy analyses will be conducted in Arkansas,Tennessee,
and Mississippi. Other Arkansas cities participating in the study include Little Rock,North Little Rock,
Jonesboro, and West Memphis.
The objectives for the City of Fayetteville are to obtain a current classification of land cover, conduct an
analysis of the urban tree canopy,and determine ecosystem benefits that area derived from urban forests. This
study will help the city in setting canopy goals,revising policies,promoting the benefits of trees,and
developing sound management plans.
AFC advertised a Request for Proposals in accordance with all state bidding requirements that included
deliverables desired by the City of Fayetteville. AFC and COF staff evaluated the proposals and selected Plan-It
Geo to perform the work. The performance of the Program will be determined by the deliverables as outlined in
the Request for Proposals provided by AFC.
The funding for Fayetteville's portion of the project will be under the administration of the Urban Forestry
Coordinator of AFC and the Urban Forester for COF. Funds will be paid by the City of Fayetteville directly to
Plan-It Geo,therefore requiring a bid waiver.
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701
THE CITY OF FAYETTEVILLE,ARKANSAS
All work for the City of Fayetteville's canopy study will be complete by November 30,2012.
RECOMMENDATION:
Staff recommends approving a bid waiver and a Memorandum of Agreement with Arkansas Forestry
Commission to participate in an Urban Tree Canopy Assessment, as required by Chapter 167.03(C)Urban
Forest Analysis.
BUDGET IMPACT:
Total project cost is $44,995. Arkansas Forestry Commission agrees to provide funding in the amount of
$20,000. Matching funds in the amount of$24,995 are budgeted in the Sales Tax Fund in project 02045.1201,
Urban Forest Analysis.
Attachments:
Chapter 167 Tree Preservation and Protection
Memorandum of Agreement with Arkansas Forestry Commission
RFP advertised by AFC
Purchase Order Request
ORDINANCE NO.
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND
APPROVE A MEMORANDUM OF AGREEMENT BETWEEN THE
ARKANSAS FORESTRY COMMISSION AND THE CITY OF
FAYETTEVILLE TO PAY $20,000.00 AND $24,995.00 RESPECTIVELY TO
PLAN-IT GEO TO CONDUCT A TREE CANOPY ANALYSIS FOR
FAYETTEVILLE
WHEREAS, Section 167.03 of the Fayetteville Code, Tree Registry and Urban Forest
Analysis requires the City to "initiate a tree canopy analysis in 2012"; and
WHEREAS, the Arkansas Forestry Commission has agreed to pay $20,000.00 of the
$44,995.00 needed to pay Plan-It Geo (which was competitively selected through a Request for
Proposals process) for the tree canopy analysis.
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 determines
that such circumstances make formal competitive bidding impractical and therefore waives
formal competitive bidding and agrees to enter into a Memorandum of Agreement with the
Arkansas Forestry Commission to cost share the services of Plan-It Geo to obtain the necessary
tree canopy analysis for Fayetteville which will be shared by the Commission and Fayetteville
and authorizes Mayor Jordan to execute this Agreement which requires the City to pay
$24,995.00 and the Commission to pay$20,000.00.
PASSED and APPROVED this 16th day of October, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
MEMORANDUM OF AGREEMENT
BETWEEN
ARKANSAS FORESTRY COMMISSION
AND
CITY OF FAYETTEVILLE
Whereas the Arkansas Forestry Commission(AFC)desires to partner with the City of
Fayetteville(COF)to participate in an urban forest canopy assessment which is part of a
regional program through the USDA Forest Service. The AFC and COF will work with a
vendor to provide an assessment of the Urban Tree Canopy(UTC)for COF. This UTC
Assessment will pertain to both public and private trees.Funding is provided by the
USDA Forest Service(USDA FS).
This project is one of a series of assessments being developed for a landscape scale
Urban Tree Canopy project that encompasses cities in Arkansas,Tennessee,and
Mississippi.This project will"allow communities to have tree canopy assessments done
for their urban forests and provide them with the tools needed to develop canopy goals
and strategies to improve green infrastructure."
The objectives for the City of Fayetteville are to obtain a current classification of land
cover,conduct an analysis of the urban tree canopy,and determine ecosystem benefits
that are derived from the urban forests. This will assist COF in setting canopy goals,
revising policies,promoting the benefits of trees,and developing sound management
plans. UTC assessment protocols integrate high resolution land cover aerial
multispectral photography with planimetric datasets such as building and streets to
determine an area's existing UTC.The UTC geographic information system analyses
also define land-use areas,including impervious layers,and the percentages of these
lands that are covered by trees.
The Area of Interest(AOI)is 55.4 square miles defined by the city limits of the COF,in
Washington County,Arkansas.
The funding for this project will be under the administration of the Urban Forestry
Coordinator of AFC and the Urban Forester for COF. The performance of the Program
will be determined by the deliverables as outlined in the Request for Proposals provided
by AFC that the vendor,Plan-It Geo,bid on and was awarded. All requirements as
agreed to by AFC and COF in said proposal will be provided by Plan-It Geo.
AFC agrees to provide funding in the amount of$20,000 and the matching in the
amount of$24,995 will be provided by the COF.
The contract period will be from August 30, 2012 to November 30,2012.
1
AGREED TO BY: AGRE TO BY:
Patti Erwin Lioneld Jo
Urban Foreat X Program Coordinator Mayor
Title Title
Date D e
2
MEMORANDUM OF AGREEMENT
ARKANSAS FORESTRY COMMISSION&the CITY OF FAYETTEVILLE
PROPOSED BUDGET
9/14/2012
CORE RFP TASKS COST
Project/Contract Management $1,500
Data Collection $1,000
Land Cover Classification $10,500
Accuracy Assessment $1,000
UTC Analysis and Mapping $4,500
Ecosystem Services Analysis $5,000
Urban Forest Management Scenarios $3,500
Powerpoint,Report&Delivery $7.9()9
Sub-Total $34995
ADDITIONAL TASKS
2-pg Summary Factsheet $2,000
Training Workshop $3,250
Potential Planting Sites&Prioritization $4,250
Total Project Costs $44,995
3
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TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 167: TREE PRESERVATION AND PROTECTION
167.01 Purpose (5) If none of the above approaches can be
It is the purpose of this chapter to preserve and achieved, payment shall be made to the tree
protect the health, safety, and general welfare, and escrow account.
preserve and enhance the natural beauty of
Fayetteville by providing for regulations of the (Code 1991, §162.01; Ord. No. 3699, §1 4-20-93; Ord. No.
preservation, planting, maintenance, and removal of 4100,§2(Ex.A),6-16-98;Ord.No.4340,10-2-01)
trees within the city, in order to accomplish the 167.02 City Of Fayetteville Tree
following objectives:
Preservation, Protection, And Landscape
(A) Objectives. Manual
The urban forester, in cooperation with other
(1) To preserve existing tree canopy; members of city staff, shall promulgate and
periodically revise forms, procedures and regulations
(2) To create a healthful environment for to implement this chapter and publish this information
Fayetteville residents, businesses, and in the City of Fayetteville, Tree Preservation,
industries; Protection, and Landscape Manual.
(3) To moderate the harmful effects of sun, (A) Copies of the Tree Preservation, Protection, and
wind,and temperature changes; Landscape Manual are to be made readily
available to the public and shall include, but need
(4) To buffer noise,air and visual pollution; not be limited to:
(5) To filter pollutants from the air that assist in (1) Specific criteria for gaining city approval of
the generation of oxygen; tree preservation plans;
(6) To reduce storm water runoff and the (2) The format and content of reports and plans
potential damage it may create; the applicant must submit to the city
pursuant to this chapter;
(7) To stabilize soil and prevent erosion, with an
emphasis on maintaining tree canopy on (3) Tree protection during construction;
hillsides defined as canopied slopes in
Chapter 151; (4) A glossary of important terms used in this
chapter;
(8) To provide habitat for birds and other wildlife;
(5) Size and species requirements for trees
(9) To preserve riparian banks and beds, and planted for on-site mitigation or off-site
prevent sedimentation; forestation;
(10)To screen incompatible land; (6) Maintenance of trees (including but not
limited to pruning, irrigation, and protection
(11)To promote energy conservation;and from disease).
(12)To protect and enhance property values. (B) The Tree and Landscape Advisory Committee
shall review and may recommend revisions to the
(B) Principles. This chapter shall be enforced Tree Preservation, Protection, and Landscape
according to the following principles: Manual at least every three years to reflect
changes in arboricultural and horticultural
(1) Preservation shall be the first, best, and practices, lists of preferred tree species, city
standard approach. policies, or the content of this chapter.
(2) If preservation cannot be achieved, on-site (Ord.No.4340,10-2-01)
mitigation shall next be pursued.
167.03 Tree Registry And Urban Forest
(3) If on-site mitigation cannot be achieved, off- Analysis
site preservation shall be pursued.
(A) Tree Registry. Trees and groups of trees which
(4) If off-site preservation cannot be achieved, are documented to be of historic merit, of an
off-site forestation shall be pursued. uncommon or endangered species, or are of
extraordinary value due to their age,size, or type,
CD167:3
Fayetteville Code of Ordinances
may be registered in the City of Fayetteville's tree that are not required to go through
registry. It shall be the duty of the urban forester subdivision or large scale development
to maintain and keep this registry on file in the process. There shall be no land disturbance,
urban forester's office. grading, or tree removal until an abbreviated
tree preservation plan has been submitted
(B) Voluntary registration. Registration of trees shall and approved, and the tree protection
be voluntary and may be done by the owner(s)of measures at the site inspected and
the property on which the tree is located. approved.
Registration shall not run with the land unless the
property owner wishes to use an express trust to (3) Building permits. Tree preservation require-
transfer a benefit in the tree or groups of trees to ments apply to all permit applications for
the city. Registered tree owners are entitled to nonresidential construction, and the
consultation with the Tree and Landscape construction of multi-family residential
Advisory Committee and/or the urban forester buildings composed of three or more
concerning proper care and protection of the tree, dwelling units. An abbreviated tree
as well as an evaluation of the tree's condition. preservation plan, as set forth in § 167.04
(H)(3), shall be submitted with the
(C) Urban Forest Analysis. The city shall initiate a application for building permits on projects
tree canopy analysis and an Urban Forestry that are not required to go through the
Effects Model study or their current equivalent subdivision or large scale development
studies within the current geographical process. There shall be no land disturbance,
boundaries of the city by December 31, 2012. grading, or tree removal until an abbreviated
Thereafter, the city should conduct these studies tree preservation plan has been submitted
every ten(10)years. and approved, and the tree protection
measures at the site inspected and
(Ord. No.4340, 10-02-01; Ord.5427,8-2-11) approved.
167.04 Tree Preservation And Protection (4) Parking lots. Tree preservation require-
During Development ments apply to all permit applications for the
construction of parking lots with five or more
(A) Applicability. The provisions of this section shall spaces. An abbreviated tree preservation
apply to proposed subdivisions, and large scale plan, as set forth in §167.04 (H)(3), shall be
developments required by other chapters of the submitted with the application for permits on
Unified Development Code to go through the projects that are required to go through the
city's permitting process. Persons seeking to subdivision or large scale development
build one single-family dwelling unit, or duplex, process. There shall be no land disturbance,
are specifically exempt from the provisions of this grading, or tree removal until an abbreviated
section except when the land is located within the tree preservation plan has been submitted
Hillside/Hilltop Overlay District; then all the and approved, and the tree protection
provisions of this ordinance shall apply. Planned measures at the site inspected and
Zoning Districts should meet the percent approved.
minimum tree canopy based upon their primary (5) Hillside/Hilltop Overlay District. Undeveloped
use, but may be allowed a lesser tree canopy land located within the Hillside/Hilltop
requirement as part of the overall Master Plan Overlay District shall submit a site analysis
approved by the City Council. plan, analysis report, and tree preservation
(1) 'Subdivisions and large scale developments. plan with the preliminary plat or site plan.
Applicants seeking approval of proposed Single and two family residential
subdivisions and large scale developments development shall submit an abbreviated
shall submit a site analysis plan, analysis tree preservation and site plan at the time of
report, and tree preservation plan with the obtaining a building permit. Structural
preliminary plat or site plan. There shall be changes to buildings located in the
no land disturbance,grading, or tree removal Hillside/Hilltop Overlay District that do not
until a tree preservation plan has been result in an enlargement of the building
submitted and approved, and the tree footprint or roof dripline shall not require an
protection measures at the site inspected abbreviated tree preservation plan. There
and approved. shall be no land disturbance, grading, or tree
removal until a tree preservation plan has
(2) Grading permit. An abbreviated tree been submitted and approved, and the tree
preservation plan, as set forth in protection measures at the site inspected
§167.04(H)(3), shall be submitted with the and approved.
application for grading permits on projects
CD167:4
The Arkansas Forestry Commission
Urban & Community Forestry Program
Request for Proposals
The State expects vendors to propose creative, competitive solutions to the
agency's stated problem and needs, as specified below.
OVERVIEW OF PROJECT
The Arkansas Forestry Commission Urban &Community Forestry(AFC) program is
currently seeking a vendor to provide an assessment of the Urban Tree Canopy(UTC)
for the City of Fayetteville (COF).This Urban Tree Canopy Assessment will pertain to
both public and private trees.This funding is provided by the USDA Forest Service
(USDA FS). The contract period will be from August 30, 2012 to November 30, 2012.
This RFP is one of a series of RFPs being developed for a landscape scale Urban Tree
Canopy project that encompasses cities in Arkansas,Tennessee, and Mississippi. This
project will"allow communities to have tree canopy assessments done for their urban
forests and provide them with the tools needed to develop canopy goals and strategies to
improve green infrastructure."
The Area of Interest(AOI) is 55.4 square miles defined by the city limits of the City of
Fayetteville, in Washington County,Arkansas. The link to the COF GIS data download
page can be found at:
http•//gis accessfayetteville org/SpatialDirectitranslationServlet?SSFunction=prepareFetch
(last accessed August 2, 2012)
1) set max extents
2) in the boundary list
3) select"City Limits"
There are several programs that can be used for ecosystem benefits calculations in
conjunction with urban tree canopy studies;for example,AMERICAN FORESTS
CITYGreen®, i-Tree Vue, and the urban watershed runoff model TR55 (NRCS).
This UTC assessment will use 2olo National Agricultural Imagery Program(NAIP)leaf-
on aerial digital imagery of 1 meter pixel resolution for the image classification to
develop the UTC layer and other deliverables for the City of Fayetteville.
All intermediate datasets and layers, and final data developed or created for this project
will be the property of the Arkansas Forestry Commission and the City of Fayetteville.
This project is awarded through AFC in cooperation with and funding from the USDA
Forest Service State&Private Forestry. The USDA is an equal opportunity provider and
employer.
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