HomeMy WebLinkAbout68-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 68-20
File Number: 2020-0108
NORTHWEST ARKANSAS LAND TRUST:
A RESOLUTION TO AUTHORIZE A THREE YEAR CONTRACT FOR HABITAT RESTORATION
AND MANAGEMENT WITH THE NORTHWEST ARKANSAS LAND TRUST IN THE TOTAL
AMOUNT OF $188,215.00 FOR THE PRESERVATION OF THE WEST SIDE PRAIRIE NEAR THE
WEST SIDE WASTEWATER TREATMENT FACILITY
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 authorizes Mayor Jordan
to sign a three year Contract for Habitat Restoration and Management with the Northwest Arkansas Land
Trust in the total amount of $188,215.00 for the preservation of the West Side Prairie near the West
Side Wastewater Treatment Facility. A copy of the agreement is attached to this Resolution.
PASSED and APPROVED on 2/18/2020
Attest:
�� J �\E•R K •i, .
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Kara Paxton, City Clerk Treasure,:
*" ` SON � + -
Page 1 Printed on 2119120
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0108
Agenda Date: 2/18/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 6
NORTHWEST ARKANSAS LAND TRUST:
A RESOLUTION TO AUTHORIZE A THREE YEAR CONTRACT FOR HABITAT RESTORATION
AND MANAGEMENT WITH THE NORTHWEST ARKANSAS LAND TRUST IN THE TOTAL
AMOUNT OF $188,215.00 FOR THE PRESERVATION OF THE WEST SIDE PRAIRIE NEAR THE
WEST SIDE WASTEWATER TREATMENT FACILITY
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 authorizes Mayor Jordan to sign a
three year Contract for Habitat Restoration and Management with the Northwest Arkansas Land Trust in the
total amount of $188,215.00 for the preservation of the West Side Prairie near the West Side Wastewater
Treatment Facility. A copy of the agreement is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 2/19/2020
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2020-0108
Legistar File ID
2/18/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/30/2020 WASTEWATER TREATMENT (730)
Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of a Contract for Habitat Restoration and Management of West Side Prairie
between the City of Fayetteville, Arkansas and Northwest Arkansas Land Trust in an amount not to exceed
$188,215.00 for a term of three years.
5400.730.5800-5314.00
Account Number
11013.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Water and Sewer
Fund
Wetlands Bank Construction
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 350,000.00
350,000.00
$ 188,215.00
$ 161,785.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 18, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: January 30, 2020
CITY COUNCIL MEMO
SUBJECT: Northwest Arkansas Land Trust — Habitat Restoration and Management of
Woolsey Wet Prairie
RECOMMENDATION:
Staff recommends the approval of a Contract for Habitat Restoration and Management of West
Side Prairie between the City of Fayetteville, Arkansas and Northwest Arkansas Land Trust in
an amount not to exceed $188,215.00 for a term of three years.
BACKGROUND:
Staff has requested a conservation easement for approximately 41 acres of environmentally
sensitive prairie habitat near the West Side wastewater treatment facility. This area, known as
the West Side Prairie, requires habitat restoration and management services in order to retain
its environmental value.
DISCUSSION:
Due to their expertise in habitat restoration and management, Northwest Arkansas Land Trust
was selected to perform these services on behalf of the City of Fayetteville. Services to be
provided include:
• Accurately assess the site for ecological values and integrity and create a written
management plan to guide habitat restoration and management activities.
• Use adaptive restoration strategies to restore the site to native tall grass prairie and
savannah habitat.
• Use adaptive management strategies to properly manage habitat for native tall grass
prairie and savannah species.
• Install and manage appropriate infrastructure for public access.
• Administer and manage work schedules, vendors, and contractors, and coordinate with
proper City of Fayetteville staff.
This proposed contract would commence for a term of three years with a not -to -exceed amount
of $188,215.00 for the term. Staff recommends the approval of the contract with Northwest
Arkansas Land Trust to provide habitat restoration and management services for the West Side
Prairie.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
Funds are available in the Wetlands Bank Construction account within the Water and Sewer
fund.
Attachments:
Contract for Habitat Restoration and Management
Scope of Services
CONTRACT FOR
HABITAT RESTORATION AND MANAGEMENT OF WEST SIDE PRAIRIE
BETWEEN
THE CITY OF FAYETTEVILLE, ARKANSAS
AND
NORTHWEST ARKANSAS LAND TRUST
WHEREAS, City of Fayetteville, Arkansas is the owner of property known as West Side Prairie
located in Fayetteville, Arkansas and;
WHEREAS, the City of Fayetteville, Arkansas desires to contract for Habitat Restoration and
Management services for West Side Prairie and;
WHEREAS, Northwest Arkansas Land Trust was selected to perform Habitat Restoration and
Management services for the City of Fayetteville, Arkansas at West Side Prairie and;
WHEREAS, Northwest Arkansas Land Trust is a local, accredited land trust with expertise in
habitat restoration and management, public access infrastructure and maintenance, and who
follows current standards and practices as established by the Land Trust Accreditation
Commission to help ensure, among other things, the proper stewardship and permanence of lands
protected by conservation easements and;
WHEREAS, the City Council of Fayetteville, Arkansas has approved a contract with Northwest
Arkansas Land Trust for Habitat Restoration and Management of West Side Prairie,
NOW THERFORE:
In consideration of the mutual promises contained in this Agreement and other good and
valuable consideration,
1. Agreement is made this+� day of e u a r , 2020 between the
City of Fayetteville, Arkansas located at 113 W. Mountain, Fayetteville, Arkansas 72701
and the Northwest Arkansas Land Trust located at 1725 S. Smokehouse Trail,
Fayetteville, Arkansas 72701. Term: This agreement shall be for a term of three (3)
years. This contract may be cancelled by either party within 30 days of written notice.
2. Renewals: This agreement may be renewed for additional terms with mutual agreement
of the parties.
Appendix and. Attachments: The Contract documents which comprise this contract
between the City of Fayetteville and Northwest Arkansas Land Trust consist of this
Contract and the following documents attached hereto, and made part thereof:
a. Appendix A- Northwest Arkansas Land Trust Scope of Services for Restoration and
Management of West Side Prairie
b. Attachment'A- Survey and Legal Description of West Side Prairie
4. Services to be Provided: During the terms of the Agreement, Northwest Arkansas Land
Trust shall:
• Accurately assess the site for ecological values and integrity and create a written
management plan to guide habitat restoration and management activities.
• Use adaptive restoration strategies to restore the site to native tall grass prairie and
savannah habitat.
• Use adaptive management strategies to properly manage habitat for native tall
grass prairie and savannah species.
• Install and manage appropriate infrastructure for public access.
• Administer and manage work schedules, vendors, and contractors, and coordinate
with proper City of Fayetteville staff.
5. Fees and Expenses: The City of Fayetteville agrees fees for service shall be paid upon
invoice as follows:
Services shall be invoiced for each quarter not to exceed $188,215.00 for the
term. Northwest Arkansas Land Trust will track and report all expenses related to
this Agreement along with the invoice for payment for each quarter. Invoices
shall be itemized.
6. Notices: Any notice required to be given under this Agreement to either party to the other
shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, or
overnight courier.
7. Applicable .Law: The Agreement shall be governed by and construed in accord with the
laws of the State of Arkansas.
8. Entire Allreement: This Agreement sets forth the entire agreement and understanding of
the parties on the subject matter of this Agreement. Neither party shall be bound by any
conditions, definitions, representations or warranties with respect to the subject matter of
this Agreement other than those as expressly provided herein.
9. Amendments and Waivers: 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 of scope, cost or
fees. No modification of this Agreement shall be binding unless made in writing and
executed by both parties. No waiver by either party or any breach or obligation of the
other party under this Agreement shall constitute a waiver or any other of any other prior
or subsequent breach or obligation.
10. Deliverables: Northwest Arkansas Land Trust shall provide the following deliverables.
One: Proiect Initiation
Northwest Arkansas Land Trust will meet with City Staff, subcontractor, and key stakeholders
identified by either party to discuss final scope of work, project goals, and prepare a working
timeline for restoration and management activities. Northwest Arkansas Land Trust will meet
with appropriate City of Fayetteville staff to set goals and outcomes for future public access and
establish communication protocols.
Deliverables: Meeting Notes, Final Scope of Work, Working Project Schedule
Two: Site Assessment, Restoration and Manaaement Plan
Northwest Arkansas Land Trust will collect baseline ecological data through collection of
previous species accounts (as available), a community botanical focused BioBlitz, and formal
surveys as necessary. With these data, Northwest Arkansas Land Trust will produce a habitat
restoration and management plan for West Side Prairie.
Deliverables: Baseline Ecological Report, Habitat Restoration and Management Plan
Three: Adaptive Restoration of Westside Prairie
Using the Habitat Restoration and Management Plan as a guide, Northwest Arkansas Land Trust
will implement best management practices to restore native tall grass prairie and savannah
habitats on site. These practices may include but are not limited to mechanical and chemical
removal/control of nonnative and invasive species, prescribed fire, removal of nonnative and
invasive species along hedgerows, and reseeding with native plants if necessary. Northwest
Arkansas Land Trust will conduct seasonal surveys for nesting birds before restoration activities
begin as necessary.
Deliverables: Site Restoration, Herbicide Application Report, Nesting Bird Survey Report
Four: Adaptive Habitat Manaaement
Using the Habitat Restoration and Management Plan as a guide, Northwest Arkansas Land Trust
will implement best management practices to manage the habitat at West Side Prairie. Because
of the adaptive nature of the restoration and management process, tasks Three and Four will be
conducted in tandem. Northwest Arkansas Land Trust will employ a variety of plant
management techniques to control nonnative and invasive plant species on the site. Routine
habitat management shall include but not be limited to spot treating with herbicides, mulching,
prescribed fire, and top cutting for seed control. Northwest Arkansas Land Trust will not engage
in any activities requiring the climbing of trees and will leave existing hedgerows largely intact
as wildlife habitat and to delineate the site. Northwest Arkansas Land Trust will survey and
conduct a botanical and ecological assessment twice annually. These surveys will typically be
conducted in May and September each year. Northwest Arkansas Land Trust will compile data
and produce a report for the City after each of these surveys.
Deliverables: Adaptive Habitat Management, Biannual Ecological/Botanical Reports
Five: Installation of Public Access Infrastructure
Northwest Arkansas Land Trust will coordinate with the City to produce a Public Access Plan
for West Side Prairie. This plan will be site specific and limited to pedestrian traffic only.
Northwest Arkansas Land Trust will design and install a 4 -car low impact parking area at a
location to be determined by City of Fayetteville staff design and install a sustainable natural
surface trail system, and install interpretive signs as appropriate and with approval of City of
Fayetteville staff.
Deliverables: Public Access Plan, Low Impact Parking Area, Natural Surface Trails, Kiosks and
Interpretive Signs
Six: Management of Public Access
Northwest Arkansas Land Trust will maintain trails and parking area as necessary, including but
not limited to routine mowing, spot treating invasive species, and collecting litter.
Deliverables: Maintained Trails, Maintained Parking Area, Litter Pickup.
Seven: Administration and Project Management
Northwest Arkansas Land Trust will manage and administer all project tasks including but not
limited to coordination with the City, coordination and oversight of contracted work, vendors,
and suppliers, updating the project schedule, and providing progress reports as
requested.
Deliverables: Administration of Habitat Restoration, Habitat Management, Public Access
Implementation, and Public Access Management.
The City recognizes that conditions on the ground may dictate timing and order of the
aforementioned tasks and deliverables. Northwest Arkansas Land Trust is committed to the
proper and sustainable restoration and management of West Side Prairie.
11. Contract Administration: The Mayor or his/her Designated Representative shall be the
Contract Administrator for this contract. The Northwest Arkansas Land Trust Executive Director
or her/his Designated Representative shall be the primary contact for all matters pertaining to this
contract.
Freedom of :Information Act: City 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, Northwest Arkansas Land Trust
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 photocopying costs pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Northwest Arkansas Land Trust
By Date: 2 Q
Terri Lane; xecutive Director
Witness: ; Date:d"
Marson Nance, Director of Land Protection & Stewardship
4
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Kara Paxton, City Clerk/Treasurer
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Northwest Arkansas Land Trust NOR"MWT ARKANSAS
1725 S. Smokehouse Trail LAND TRUST
Fayetteville, AR 72701
(479) 966-4666
Scope of Services for City of Fayetteville, Arkansas (Revised May 28, 2019)
Westside Prairie Restoration and Management
The Northwest Arkansas Land Trust (NWALT) is pleased to provide this Scope of Services to The
City of Fayetteville, Arkansas (City) for restoration and management of the West Side Prairie tract
located north of the Westside Water Treatment Facility on City owned property. West Side
Prairie is a remnant of relatively undisturbed tallgrass prairie and part of a larger mosaic of
sustainable practices which include a wetland mitigation site and solar arrays. The conservation
of this prairie remnant will be an important addition to the existing facilities and will provide
ecosystem services such as carbon sequestration, wildlife habitat, and stormwater management.
The goals for this project are:
1. Restore the native prairie.
2. Manage habitat for native plant and animal species.
3. Create low impact public access infrastructure.
This Scope has 3 major components: Ecosystem Restoration, Habitat Management, and Public
Access Management. Initial Restoration is anticipated to last 3 seasons, with work transitioning
into full time routine site maintenance. Many Restoration and Routine Maintenance tasks
outlined below will happen in tandem. The attached budget is reflective of this necessity.
Task 1 PROJECT INITIATION
1.1 Project Kickoff Meeting
NWALT will meet with City Staff, subcontractor, and key stakeholders identified by
NWALT and/or the City to discuss final scope of work, project goals, and prepare a
working timeline for restoration and management activities. NWALT and City Staff`
will also set goals and outcomes for future public access and establish communication
protocols.
1.2 Final Scope and Project Schedule
Information gathered from the kickoff meeting and subsequent correspondence will
be used to finalize the Scope of Work and Schedule of Activities.
DELIVERABLES: Meeting Notes, Final Scope of Work and Project Schedule
Task 2 SITE ASSESMENT AND RESTORATION/MANAGEMENT PLAN
2.1 Site Assessment and Baseline Ecological Survey
NWALT will collect baseline ecological data through collection of previous species
accounts (as available), a community botanical focused BioBlitz, and formal surveys as
necessary.
2.2 Restoration and Management Plan
NWALT will collaborate with Arkansas Natural Heritage Commission to create a
habitat restoration and management plan for the site.
DELIVERABLES: Baseline Ecological Report, Habitat Restoration and Management Plan
Task 3 ADAPTIVE RESTORATION OF HISTORIC PRAIRIE
3.1 Nesting Bird Survey
Prior to any restoration of the site, NWALT will conduct a survey for nesting birds to
avoid take under the Migratory Bird Treaty Act. If nesting birds are observed, NWALT
will delineate suitable buffers for these species until nests are deemed inactive.
3.2 Initial Herbicide Application
NWALT will conduct an initial herbicide application targeting invasive and exotic
graminoids.
3.3 Invasive Woody Plant Removal, Tree Trimming, and Deadwood Removal
NWALT will mechanically remove invasive and exotic woody plants along fencerows
and throughout site. NWALT will trim damaged trees and remove deadwood from
site.
3.4 Installation of Fire Lines
NWALT will create fire lines on site in anticipation of planned prescribed burns.
3.5 Prescribed Fire- Annually for 3 years
NWALT in coordination with Arkansas Game and Fish Commission will conduct 3
annual prescribed burns over the entire site in fall.
3.6 Reseeding if Necessary
As part of an adaptive restoration strategy, NWALT will take a "wait and see"
approach before conducting any reseeding efforts. It is anticipated that many native
plant species will return without further reseeding of the site with native species. If
botanical surveys indicate the need for additional seeding to promote greater
biodiversity of the site, NWALT will reseed with native plants. Reseeding would occur
in 2020 at the earliest.
DELIVERABLES: Nesting Bird Survey Report, Site Restoration, Herbicide Application Report
Task 4 ADAPTIVE HABITAT MANAGEMENT
4.1 Routine Site Maintenance
In keeping with an adaptive approach to habitat management, NWALT will employ a
variety of plant management techniques to control invasive and exotic plant species
on the site. Routine maintenace shall include but not be limited to spot treating with
herbicides, mulching, and top cutting for seed control. NWALT will not engage in any
activities requiring the climbing of trees, and will leave existing hedgerows largely
intact as wildlife habitat and to delineate the site.
4.2 Prescribed Fire
NWALT will conduct and/or oversee prescribed burning of the site every 4 to 6 years
or as necessary to control the growth and spread of invasive and exotic plant species.
Burns will typically be scheduled for the fall of the year.
4.3 Biannual Botanical/Ecological Assessment
NWALT will survey and conduct a botanical and ecological assessment twice
annually. These surveys will typically be conducted in May and September each year.
NWALT will compile data and produce a report for the City after each of these
surveys.
DELIVERABLES: Adaptive Habitat Management, Biannual Reports
Task S INSTALLATION OF PUBLIC ACCESS INFRASTRUCTURE
NWALT welcomes the opportunity to install and manage Public Access at Westside Prairie. Task
5 outlines work for basic, low impact public access on the site. NWALT anticipates the opening of
the site to public access in 2020.
5.1 Public Access Plan
NWALT will coordinate with the City to produce a Public Access Plan for the site. This
plan will be site specific and limited to pedestrian traffic only.
5.2 Installation of Low Impact Parking Area
NWALT will install a low impact parking area for 4 vehicles in keeping with current
best management practices for such installations.
5.3 Installation of Natural Surface Trails
NWALT will install mowed natural surface trails in accordance with the approved
Public Access Plan. Trails will consist of 4' paths of mowed vegetation and shall not
be paved. NWALT may consider the use of mulch or gravel in locations which are
seasonally wet, or where heavy foot traffic prevents the growth of vegetation.
5.4 Installation of Kiosks and Interpretative Signage
In coordination with the City, NWALT will design, produce, and install kiosks and
interpretive signs in keeping with the approved Public Access Plan.
DELIVERABLES: Public Access Plan, Low Impact Parking Area, Natural Surface Trails, Kiosks and
Interpretive Signs
Task 6 MANAGEMENT OF PUBLIC ACCESS
6.1 Routine Maintenance of Trails and Parking Area
NWALT will maintain trails and parking area as necessary, including but not limited to
routine mowing, spot treating invasive species, and collecting litter.
DELIVERABLES: Maintained trails, maintained parking area, litter pickup
Task 7 ADMINISTRATION AND PROJECT MANAGEMENT
7.1 Administration and Management
NWALT will manage and administer all project tasks including but not limited to
coordination with the City, coordination and oversight of contracted work, vendors,
and suppliers, updating the project schedule, and providing progress reports as
requested.
Project Cost Estimate- Based on 3 Years of Restoration and Maintenance Activities
Task Number
Action(s)
Fee Estimate
1
Project Initiation
$0
2
Site Assessment/Restoration &
Management Plan
$1,000
3
Adaptive Restoration
$92,895
4
Adaptive Habitat Management
$57,820
5
Public Access Infrastructure
$18,000
6
Maintenance of Public Access
$4,500
7
Project Management/Admin
$14,000
TOTAL
$188,215
Annualized costs: $62,738.33.
Note: After 3 Year Adaptive Habitat Restoration is complete, estimated fees for Routine Habitat
Maintenance and Routine Public Access Maintenance drop to $23,940 annually which includes Project
Management and Administrative fees. Additional Prescribed Fires should occur every 4 to 6 years as
needed at a cost of $4,000 per burn.
No fees have been calculated for the removal of barn or structures on site, pending feedback from the
city.
LEGAL DESCRIPTION OF THE PROPERTY
A part of the Northwest Quarter (NW) of the Northeast Quarter (NE) of Section Fourteen (14)
Township Sixteen (16) North, Range Thirty -One (31) West, of the 5th Principle Meridian,
Washington County, Arkansas and being more particularly described as follows:
Beginning at a point South 02°51 "40" West 265.61 feet and South 87'42'10" East 64.90 feet from
the Northwest corner of the Northwest (NW) Quarter of the Northeast Quarter (NE);
Thence South 87°41'22" East a distance of 138.60 feet to the beginning of a curve to the left, said curve
having a radius of 288.50 feet and a central angle of 31 °47'27" and a chord bearing and distance
of North 76°24'55" East 158.03 feet;
Thence along said curve a distance of 160.08 feet to the point of tangent;
Thence North 60°31'11" East a distance of 320.50 feet to the southerly line of a water and sewer
easement filed as 0023-00172 Washington County Circuit Clerk;
Thence along said southerly easement line South' 87'42'12" East a distance of 678.40 feet to a point;
Thence leaving said easement southerly line South 029615" West a distance of 868.55 feet to a point;
Thence North 87°42'04" West a distance of 129.83 feet to a point;
Thence South 03°00'08" West a distance of 711.16 feet to a point;
Thence North 88°32'12" West a distance of 1103.86 feet to the Easterly right-of-way 54th Street;
Thence along said right-of-way North 02°30'58" East a distance of 1383.71 feet to the point of
beginning, having an area of 41.10 acres more or less. Subject to any rights-of-way of roads or
easements of record.
SURVEY OF PROPERTY
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