HomeMy WebLinkAboutOrdinance 5575 ORDINANCE NO. 5575
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WITH THE
U.S. GEOLOGICAL SURVEY (U.S. DEPARTMENT OF THE INTERIOR) IN
THE AMOUNT OF $21,528.00 FOR THE OPERATION AND
MAINTENANCE OF THREE (3) URBAN STREAM GUAGING STATIONS
IN THE CITY FOR CALENDAR YEAR 2013
WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding
agreement with the U.S. Geological Survey (U.S. Department of the Interior) for the operation
and maintenance of three urban stream gauging stations to record data concerning rainfall and
runoff at Niokaska Creek in Gulley Park, College Branch at State Highway 62 and Town Branch
Tributary in Walker Park; and
WHEREAS, the information obtained provides urban rainfall and streamflow data for
future drainage studies as well as provides information for the City's EPA Phase 2 NPDES
stormwater monitoring requirements; and
WHEREAS, the cost of the agreement to the City for 2013 now exceeds $20,000.00 and
would otherwise require competitive bidding unless the requirement is waived.
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
an exceptional situation exists in which competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves an agreement
(marked as Exhibit "A" attached hereto and made a part hereof) between the City and the U.S.
Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the
operation and maintenance of three (3) urban stream gauging stations in the City for calendar
year 2013.
Page 2
Ordinance No. 5575
PASSED and APPROVED this 19th day of March, 2013.
APPROVED: ATTEST:
By:
LIMELtb JO N, ayor SONDRA E. SMITH, City ClerlJTreasurer
Y O,c -.&'%
=0;FAYETTEVILLE'�0 2
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
3/19/2013
City Council Meeting Date
/'��, Agenda Items Only
Sarah Wrede Vf Engineering Development Services
Submitted By Division Department
Action Required:
A Contract with the U.S. Geological Survey in the amount of$21,528.00 for the operation and maintenance of 3
rainfall-runoff stations located at Niokaska Creek at Township, College Branch at Highway 62, and Town Branch
Tributary at Highway 16 in the City of Fayetteville for the 2013 calendar year.
$ 21,528.00 $ 228,499.99 Stormwater Quality Mgmt/Nutrient Reduct
Cost of this request Category/Project Budget Program Category/Project Name
4470.9470.5817.00 $ 53,576.86 Bridge&Drainage Improvements
Account Number Funds Used to Date Program/Project Category Name
02097 $ 174,923.13 Sales Tax Capital Improvement
Project Number Remaining Balance Fund Name
Budgeted Item �X Budget Adjustment Attached
_wmv(a - 03.gi-sK3 Previous Ordinance or Resolution#
DepartrhentlF5ire6tor Date.
2 Original Contract Date:
Original Contract Number:
C&Attorney Date
VJ-U I_ I .ir KL V V
Finance and Internal Services Director Date Received in City
Clerk's Office
LAA
3-x/3
Ch l f of St Date
• Received in EN ER
Mayor's Office
. ;
Mayor ate
Comments:
Revised January 15, 2009
Lr
THE CITY OF FAYETTEVILLE,ARKANSAS aylel wev I Ile
DEPARTMENT CORRESPONDENCE
WARKANSAS
a
CITY COUNCIL AGENDA MEMO council Meeting of March 19,2013
To: Mayor and City Council
Thru: Don Marr, Chief of Staff �p
Jeremy Pate, Development Services DirectorU`
Chris Brown, City Engineer
From: Sarah Wrede, Staff Engineer 5MLA)
Date: March 1, 2013
Subject: Approval to continue a joint funding agreement with the USGS for $21,528 (City's share) for
the operation and maintenance of three urban stream gauging stations in Fayetteville for the year 2013.
PROPOSAL: Since 1998, the City of Fayetteville has participated in a joint funding agreement with the U.S.
Geological Survey(USGS) for three urban stream gauging stations. This agreement consists of a cost-share for
maintenance and data collection for rainfall and runoff recording stations located at:
Niokaska Creek at Township (in Gulley Park)
College Branch at State Highway 62
Town Branch Tributary at State Highway 16 (in Walker Park)
The attached agreement is for the 2013 calendar year, and requires payment of$21,528 by the City and $5,802
by the USGS.
The USGS collects rainfall and runoff data at these three sites, and provides this information to the City. In
addition to providing urban rainfall and streamflow data for future drainage studies, these gauges also provide
valuable information for the EPA Phase 2 NPDES stormwater monitoring requirements.
RECOMMENDATION: Staff recommends approval of the joint funding agreement for 2013.
BUDGET IMPACT: Funding in the amount of$21,528 is available in the Stormwater Quality Management
and Nutrient Reduction Plan Budget. This contract will be paid from those funds.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WITH THE
U.S. GEOLOGICAL SURVEY (U.S. DEPARTMENT OF THE INTERIOR) IN
THE AMOUNT OF $21,528.00 FOR THE OPERATION AND
MAINTENANCE OF THREE (3) URBAN STREAM GUAGING STATIONS
IN THE CITY FOR CALENDAR YEAR 2013
WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding
agreement with the U.S. Geological Survey (U.S. Department of the Interior) for the operation
and maintenance of three urban stream gauging stations to record data concerning rainfall and
runoff at Niokaska Creek in Gulley Park, College Branch at State Highway 62 and Town Branch
Tributary in Walker Park; and
WHEREAS, the information obtained provides urban rainfall and streamflow data for
future drainage studies as well as provides information for the City's EPA Phase 2 NPDES
stormwater monitoring requirements; and
WHEREAS, the cost of the agreement to the City for 2013 now exceeds $20,000.00 and
would otherwise require competitive bidding unless the requirement is waived.
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
an exceptional situation exists in which competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves an agreement
(marked as Exhibit "A" attached hereto and made a part hereof) between the City and the U.S.
Geological Survey (U.S. Department of the Interior) in the amount of $21,528.00 for the
operation and maintenance of three (3) urban stream gauging stations in the City for calendar
year 2013.
PASSED and APPROVED this 19th day of March,2013.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR Customer#: AR026
GEOLOGICAL SURVEY Agreement#: 13E4AR026AR0270
Project#:
JOINT FUNDING AGREEMENT TIN#: 71-6018462
Fixed Cost YES
Agreement
FOR
Water Resources Investigations
THIS AGREEMENT is entered into as of the,27th day of February,2013 by the U.S.GEOLOGICAL SURVEY,UNITED
STATES DEPARTMENT OF THE INTERIOR,party of the first part,and the CITY OF FAYETTEVILLE,party of the second
1• The parties hereto agree that subject to availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation operation and maintenance of 3 rainfall-runoff stations
located at Town Branch at Business Route 62,Town Branch Tributary at Highway 16,and Mud Creek at
Township Street in the City of Fayetteville herein called the program.The USGS legal authority is 43 USC 36C;43
USC 50:and 43 USC 50b.
2. The following amounts shall be contributed to coverall of the cost of the necessary field and analytical work
directly related to this program.2(b)includes In-Kind Services in the amount of
(a) by the party of the first part during the period
Amount Date to
Date
$5,802.00 January 1,2013 December 31,2013
(b) by the party of the second part during the period
Amount Date to
Date
$21,528.00 January 1,2013 December 31,2013
(c) Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties.
(d) The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties.
3. The costs of this program maybe paid by either party in conformity with the laws and regulations respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic
review by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or
their authorized representatives.The methods employed in the field and office shall be those adopted by the
party of the first part to insure the required standards of accuracy subject to modification by mutual agreement.
EXHIBIT
Page 1 of 2
JOINT FUNDING AGREEMENT(CONTINUATION)
Customer Number Agreement Number Project Number
AR026 13E4AR026AR0270
6. During the course of this program,all field and analytical work of either party pertaining to this program shall be
open to the inspection of the other party,and if the work is not being carried on in a mutually satisfactory
manner,either party may terminate this agreement upon 60 days written notice to the other party.
7. The original records resulting from this program will be deposited in the office of origin of those records.Upon
request,copies of the original records will be provided to the office of the other party.
8. The maps,records,or reports resulting from this program shall be made available to the public as promptly as
possible.The maps, records,or reports normally will be published by the party of the first part. However,the
party of the second part reserves the right to publish the results of this program and,if already published by the
party of the first part shall, upon request,be furnished by the party of the first part,at costs,impressions suitable
for purposes of reproduction similar to that for which the original copy was prepared.The maps,records,or
reports published by either party shall contain a statement of the cooperative relations between the parties.
9• USGS will issue billings utilizing Department of the Interior Bill for Collection(form DI-1040). Billing documents
are to be rendered annually.Payments of bills are due within 60 days after the billing date.If not paid by the due
date,interest will be charged at the current Treasury rate for each 30 day period,or portion thereof,that the
payment is delayed beyond the due date.(31 USC 3717;Comptroller General File B-212222,August 23, 1983).
U.S.GEOLOGICAL SURVEY CITY OF FAYETTEVILLE
UNITED STATES
DEPARTMENT OF THE INTERIOR
USGS POINT OF CONTACT CUSTOMER POINT OF CONTACT
Name: David A.Freiwald,Director Name: Lioneld Jordan, Mayor
Address: USGS Arkansas Water Science Center Address: City of Fayetteville
Telephone: (501)228-3618 Telephone: (479)575-8330
Email: freiwald@usgs.gov Email: mayor@ci.fayetteville.ar.us
SIGNATURE AND DATE SIGNATU E AND DATE
Signature: Signature:
Date: Date:
Name: David A.Freiwald Name' j�4Lioneld Jord
Title: Director,USGS AR Water Science Center Title: Mayor,C' of yetteville
Page 2 of 2
NORTHWEST ARKANSAS DEMOCRAT-GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
INEWS THE MORNING NEWS OF ROGERS
NORTHWEST ARKANSAS TIMES
E LLC BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 1 479-442.1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas
Newspapers, LLC, printed and published in Benton County and Washington County,
Arkansas, of bona fide circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ordinance No. 5575
ORG�N/�NCE NO 55577
,
kNORDIjNCEWAIVINC�IHEREQUIl3EMENTS` i....
Was inserted in the regular edition of OF F,ORMdi COMPETITItfE BIDDING AN[3
APt'ROVf(1 /jN AGREEMENT
Northwest Arkansas TimesEOLOGicALsuRVEY (tis oEPgRTMENT s j
OF-T1 = t1J7ERiOR��tN �HE?M0`UNT OF a� n�vss
$2It528 b0 x r
� R TiE O�ER� ON�Ah1D MAINTENAt7CE OF T#�REE(3)UftBA12
N�
on: March 28 2013 �T � � �G)"� ?�+ ION �NEcrT�roc►LND`R
AA AR 20 y
WHREI�S;sin�8 X998 the Ci of �ette�ille has a T I at g
agreelnen �tntheiCS Caeoiogicalfirvy(U5 Department9fedhelnJe�nr tothe
operation and mainterranoa of three urban stream gauging stations to record data
Publication Costs: 103.76 concemmgramlland{nflflatNibjiaCreekmGulteyi�ark;CdllegeSranehat
at—H-613"' y 62 and To1vn BrancFi Tritiutary`m'Walker Park and'^
WHEREAS,the mforrnation obtained provides urban rainfall and stieamflow data
for future.
2 Ndrainage stutlies as;vuell as providesnforriiation;for-the;City sEPA P;`hase i
PDES storrnwater monitoring requirements;and
WHEREAS, the cost of the agreement to:.the City for 2013 now exceeds,
$20;000.00 and would otherwise require competitive bidding uhIJss the require-
<mertt is..yvejXed ; =
Ka�Caler NOW,TttEREFORE,BE 1T ORDAINED BY THE CITY GOUNCI40P THE CITY
OF FAYETTEVILLE,ARKANSAS
That the City.Council,of the City of Fayetteville Arkansas her�by'
detejtmnes ar exceptional sttuatton exists m H Foch cornpetihve bltlding is deerPjed
Subscribed and sworn to before me rfoteasibleorptacticalandthereforewaivestherequirementsofformalcornpeti;;
This r' day of �'�w 2013. tnd tnddmg and approves an agreement(marked as Exhibit A attached hereto, ;
and matle a part here*`between fhe City arid-the U S`Qeological Suii*_U S:`
Department of,rthe Interior)m the amount�of$29 528OU for the operation and,>
maintenance of three(3)Orban stream gauging stations,in the City:,for calendar,
year 2013 y -x :
PASSED and APPROVED�tnis 19fti tlay of Mardh 2013.;;:
APPRQVED
ATTEST:
Notary Public ey By
�r� LtONELD JORDAN Ivtayor. SONDRA E SMITH,City Clerkfrreasurer
7�J1 Exhibits forth' may be viewed in the office of t114'61 ity ClerklipeasUrer.
My Commission Expires: _.
vA CAr1 v�"'Untys " RECEIVED
Do Not Pa from Affidavit
��wH genlryn County y
MY Commission Expires
ry **Invoice will be sent**
February
20,201A
> APR 0 9 2013
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE