HomeMy WebLinkAboutOrdinance 5747ORDINANCE NO. 5747
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND AUTHORIZE A JOINT FUNDING
AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR STREAM
GAUGE INSTALLATION, OPERATION AND MAINTENANCE AND
WATER QUALITY SAMPLING AND MONITORING AT VARIOUS
LOCATIONS IN THE CITY OF FAYETTEVILLE FOR 2015 WITH THE
AMOUNT PAID BY THE CITY NOT TO EXCEED $61,721.00
WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding
agreement with the U.S. Geological Survey 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 City desires to expand the current monitoring of rainfall and runoff to
include water quality sampling which will monitor the progress of measures developed to reduce
pollutants; and
WHEREAS, the cost of the agreement to the City for 2015 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 a joint
funding agreement, a copy of which is attached to this Ordinance and made a part hereof,
between the City of Fayetteville and the U.S. Geological Survey for stream gauge installation,
operation and maintenance and water quality sampling and monitoring at various locations in the
City of Fayetteville for 2015 with the amount paid by the City of Fayetteville not to exceed
$61,721.00.
Page 2
Ordinance No. 5747
PASSED and APPROVED this 17th day of February, 2015.
APPROVED:
ATTEST:
------By: '�04 61 ia-
'swr��,
SONDRA E. SMITH, City Clerk/Tre x
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
® AL 479-575-8323
Text File
File Number: 2015-0044
Agenda Date: 2/17/2015 Version: 1 Status: Passed
In Control: City Council
Agenda Number: D. 7
U.S. GEOLOGICAL SURVEY:
File Type: Ordinance
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
AND AUTHORIZE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY
FOR STREAM GAUGE INSTALLATION, OPERATION AND MAINTENANCE AND WATER
QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF
FAYETTEVILLE FOR 2015 WITH THE AMOUNT PAID BY THE CITY NOT TO EXCEED
$61,721.00
WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding agreement with the
U.S. Geological Survey 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 City desires to expand the current monitoring of rainfall and runoff to include water
quality sampling which will monitor the progress of measures developed to reduce pollutants; and
WHEREAS, the cost of the agreement to the City for 2015 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 authorizes a joint funding agreement, a copy of
which is attached to this Ordinance and made a part hereof, between the City of Fayetteville and the
U.S. Geological Survey for stream gauge installation, operation and maintenance and water quality
sampling and monitoring at various locations in the City of Fayetteville for 2015 with the amount paid
by the City of Fayetteville not to exceed $61,721.00.
City of Fayetteville, Arkansas Page 1 Printed on 2118/2015
City of Fayetteville Staff Review Form
2015-0044
Legistar File ID
2/17/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 1/30/2015 Engineering /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of the 2015 USGS joint funding agreement in the amount of $61,721.00 (City's share) for stream gauge
installation, operation and maintenance as well as water quality sampling and monitoring for various locations
within the City of Fayetteville.
Budget Impact:
4470.9470.5314.00 and 5400.5800.5314.00
Account Number
02097 and 10027.1001
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
4470 -Sales Tax Capital Improvements and 5400 -
Water and Sewer
Fund
,)tormwater Livanty ivlanagemem tarormwaier
Wuality Mgmt/Nutrient Reduct) and Wastewater
Trcntmcnt/\A/fitor r),,n1;tw Imnrrmamcntc
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$ 542,786.00
$ 204,625.39
$ 338,160.61
$ 61,721.00
276,439.61 1
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
•
Taeevle
ARKANSAS
MEETING OF FEBRUARY 17, 2015
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: January 26, 2015
STAFF MEMO
SUBJECT: Approval of the 2015 USGS joint funding agreement in the amount of
$61,721.00 (City's share) for stream gauge installation, operation and maintenance as
well as water quality sampling and monitoring for various locations within the City of
Fayetteville
RECOMMENDATION:
Staff Recommends approval of the 2015 USGS joint funding agreement in the amount of
$61,721.00 (City's share) for stream gauge installation, operation and maintenance as well as
water quality sampling and monitoring for various locations within the City of Fayetteville. In
addition, this proposal was reviewed by the Water and Sewer Committee, and the Committee
voted 3-0 to recommend approval.
BACKGROUND:
The City of Fayetteville has historically contracted with USGS to operate and maintain three
urban stream gauges. These gauges are located at Mullins Branch at Martin Luther King Blvd,
Town Branch at Highway 16 and Niokaska Creek at Township Avenue. This program has not
included water quality sampling at these locations in the past. The gauging stations strictly
monitor flow and generate hydrographs for various storm events. The information produced by
the gauges can be viewed on the USGS website by following:
http://waterwatch.usgs.gov/?m=real&r=ar
In 2014 the City of Fayetteville contributed $21,528 to the stream gauge program and the USGS
contributing $5,802 in funds.
DISCUSSION:
In an effort to further quantify potential pollutants to some of the main tributaries of Fayetteville,
a revision to the USGS contract that would include at two new stream gauges and water quality
monitoring. Staff presented multiple options to the Water and Sewer Committee as shown on
the attached spreadsheet and by a vote of 3-0 the Committee recommends for council approval
the option further described below.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The recommendation includes a continuous monitor stream gauge with sampling and
determination of various pollutant concentrations at two locations within the City of Fayetteville.
These locations would track continuous information regarding flow, turbidity, temperature and
conductance. The sampling at these locations would provide a mechanism in which these
constituents could be related to other pollutants such as total suspended solids (TSS)
essentially providing relatively accurate continuous pollutant loading information.
The first station would be located on Town Branch near Armstrong Ave and would monitor a
largely developed area that discharges into the West Fork of the White River which currently
has Total Maximum Daily Load (TMDL) defined by ADEQ for turbidity. Monitoring just upstream
of the West Fork would allow the City to determine Fayetteville's contribution to this TMDL.
While no waste load allocation (WLA) has been set for Fayetteville, it would be beneficial to
have a base line measurement in the event ADEQ sets a WLA.
The second station would be at a determined location on the west side of town. The current
locations being considered are Clabber Creek at Wheeler Road or Mud Creek at Greg Street
and would also provide information as to any contribution from portions of the City to the overall
amount of pollutants to the Illinois River. As you may be aware, the Illinois River phosphorus
concentration is currently under dispute between the States of Arkansas and Oklahoma.
Pending the outcome of this litigation, additional enforcement measures may be placed on
Arkansas municipalities regulating both point and non -point source pollution. Again, it would be
beneficial to have a base line from which to judge the potential TMDL as well as monitor the
progress of measures developed to reduce pollutants.
In addition to the items above, the recommendation also includes maintaining a crest stage
gauge on Niokaska Creek at Township. This gauge has been useful in the past in determining
the intensity of storm events and the extent of any flooding that they caused.
The total cost for the program described above would be $71,721 with the USGS contributing
$10,000 in Cooperative Funding for a total cost to the City of Fayetteville of $61,721. In addition
to the Cooperative Funds, the USGS is proposing to provide and install the equipment at no
cost to the City.
BUDGET/STAFF IMPACT:
As stated the total cost of the program would be $71,721 with the USGS contributing $10,000 in
funding. The remaining $61,721 would be split between projects managed by the Engineering
Division and the Water and Sewer Department. As the information collected would benefit both
departments equally, it is proposed to split the required funds 50/50 between the two projects,
or a total of $30,860.50 each.
Attachments:
Proposed Contract with USGS
2015 Contract Options Spreadsheet
Requisition No.:
City of Fayetteville - Purchase Order Request (PO)
1Date:
(Not a Purchase order)
P.O Number:
All PO Requests shall be scanned to the Purchasing e-mail: Purchasing@fayetteville-ar.gov.
Purchase shall not be made until an actual PO has been Issued.
Vendor 6123
Vendor US Geoloical Survey (USGS)
Mail r Yes r No
Legistar#:
#:
Name:
2015-0044
FOB Point:
Taxable
Address:
t- Yes r No
Expected Delivery Date:
Zip Code:
Ship to code:
Quotes Attached
City:
State:
I-- Yes t- No
Requester's Employee #:
Extension:
Requester: Alan Pugh
4073
8208
Item
Description
Quantity
Unit of Issue
Unit Cost
Extended Cost
Account Number
Project.Sub#
Inventory #
Fixed Asset #
1
2015 USGS Joint Funding Agreement
1
Lot
30,860.50
$30,860.50
4470.9470.5314.00
02097
2
2015 USGS Joint Funding Agreement
I
Lot
30,860.50
$30,860.50
5400.5800.5314.00
10027.1001
3
$0.00
4
$0.00
5
$0.00
6
$0.00
7
$0.00
6
$0.00
9
$0.00
10
$0.00
Shipping/Handling
Lot
$0.00
Special Instructions:
Subtotal: $61,721.00
Tax: $0.00
Total: $61,721.00
Approvals:
Mayor: Department Director: Purchasing Manager:
Chief Financial Officer: Budget Director: IT Director:
Dispatch Manager: Utilities Manager: Other:
United States Department of the Interior
U.S. GEOLOGICAL SURVEY
Low-er Mississippi -Gulf Water Science Center
Little Rock Office
401 Hardin Road
Little Rock, Arkansas 722I.I
January 27, 2015
Mr. Chris Brown, City Engineer
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
(479) 575-8206
Dear Mr Brown:
Enclosed is a Joint Funding Agreement (JFA) for the 2015 calendar year (January 1, 2015 to
December 31, 2015) in the amount of $61,721. The agreement includes installation, operation, and
maintenance of two streamgages and two continuous water -quality meters, one on a tributary of Clear
Creek (Mud or Clabber Creek) and one on Town Branch; sampling 12 times for nutrients, suspended
sediment, and bacteria at the streamgage on Mud or Clabber Creek; and sampling six times for major
anions and 12 times for nutrients and suspended sediment at the streamgage on Town Branch. A
minimum of two of the 12 samples at each station will be collected during storm events. Additionally,
in 2015, the USGS will completely dismantle two streamgages (07048480, College Branch at MLK
Boulevard, and 07048490, Town Branch Tributary at Highway 16) and convert one streamgage
(07194809, Niokaska Creek at Township Street) to a non -transmitting, crest -stage gage. If the
proposed program meets you approval, please have the Mayor sign the JFA and return it to the
attention of Suzanne Abernathy (s ber us s.gov), our Budget Analyst. She may be reached at (501)
228-3603.
Work performed with funds from this agreement will be conducted on a fixed -price basis and billed
quarterly. We acknowledge Mary Alice, (479) 575-8206, to be the administrative contact at the City of
Fayetteville for this project. Our budget contact is Suzanne Abernathy (501) 228-3603.
The results of all work under this agreement will be available for publication by the U.S. Geological
Survey and can be accessed by using the following link: http://ar_water.usgs.gov/.
We look forward to working with you during this project. If you have any questions or comments,
please contact Dan Wagner at (479) 442-4888, ext. 201. Dan is the technical point of contact for this
project.
*cG
W. in irector
r Mississippi -Gulf Water Science Center
Enclosures
JEF:rkc
Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR Customer #: 6000000775
(Oct. 2005) GEOLOGICAL SURVEY Agreement #: 15E4AR026AR0320
Project #:
JOINT FUNDING AGREEMENT TIN #: 71-6018462
Fixed Cost
Agreement YES
FOR
Water Resources Investigations
THIS AGREEMENT is entered into as of the, 27th day of January, 2015 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
part.
The parties hereto agree that subject to availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation for installation, operation, and maintenance of two
streamgages and two continuous water -quality meters, one on a tributary of Clear Creek (Mud or Clabber Creek)
and one on Town Branch; sampling 12 times for nutrients, suspended sediment, and bacteria at the streamgage
on Mud or Clabber Creek; and sampling six times for major anions and 12 times for nutrients and suspended
sediment at the streamgage on Town Branch.. A minimum of two of the 12 samples at each station will be
collected during storm events. Additionally, in 2015, the USGS will completely dismantle two streamgages
(07048480, College Branch at MLK Boulevard, and 07048490, Town Branch Tributary at Highway 16) and convert
one streamgage (07194809, Niokaska Creek at Township Street) to a non -transmitting, crest -stage gage, herein
called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC Sob.
2. The following amounts shall be contributed to cover all 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 $0.00
(a) by the party of the first part during the period
Amount Date to Date
$10,000.00 January 1, 2015 December 31, 2015
(b) by the party of the second part during the period
Amount Date to Date
$61,721.00 January 1, 2015 December 31, 2015
(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 may be 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 revie'
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 part
of the first part to insure the required standards of accuracy subject to modification by mutual agreement.
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.
9-1366 (Continuation) Customer #: 6000000775 Agreement#: 15E4AR026AR0320
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 ₹haa
for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement
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 quarterly. 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: Daniel Wagner Name: Lioneld Jordan, Mayor
Address: USGS Lower Mississippi -Gulf Water Science Address: City of Fayetteville
Center 113 West Mountain Street
Northwest Arkansas Field Office Fayetteville, AR 72701
700 West Research Center Boulevard, MS 36
Fayetteville, AR 72701
Telephone: (479) 442-4888, ext. 201 Telephone: (479) 575-8330
Email: dwagner@usgs.gov Email: mayor@ci.fayetteville,ar.us
Signatures and Date
1
Signature: �J Date: Signature: Date: i(z/c Name: W. Sc m Name et•Jor n `
LkJDJJ o1'DA-A)
Title: Director, USGS Lower Mississippi -Gulf Water Scie... Title: Mayor, City of Fayetteville
2015 USGS Contract Options
Scenario
Description
Cost
Comments
City
USGS
Total
1
No change to current contract. 3continuous-record, urban stream gages at a cost of $27,330, of which USGS contributes $5,802 in co-op funds, while City of
$ 21,528.00
$ 5,802.00
$ 27,330.00
Fayetteville pays $21,528.
2 TB
• Operate the three existing urban stream gages as crest -stage gaging stations,' where peak stages and flows are verified and the peak stage and flow for the
year are published
• Install a new, continuous -record, urban stream gage on Town Branch at White River Park (USGS pays for installing and equipping the station)
• Sample Town Branch at White River Park hi -monthly (6X/Yr) for turbidity, suspended sediment concentration, nutrients (nitrogen & phosphorous species),
and major anions & TDS (including chloride and sulfate, far which the receiving stream, W. Pb. White River, is 303(d) listed).
$ 24, 781.00
$ 5,802.00
$ 30, 583.00
Subtract approximately $4,200 if crest
• Sample Town Branch at White River Park 2X/yr during storm events for the same constituents axle bi-monthly samples
stage gauges are eliminated ($1,400/gauge)
• Compute annual sediment and nutrient loads using LOUDEST
3 TB
• Operate the three existing urban stream gages as "west -stage gaging stations," where peak stages and flows are verified and the peak stage and flow for the
year are published
• Install a new, continuous -record, urban stream gage on Town Branch at White River Park, including a sonde to continuously monitor water temperature,
specific conductivity, and turbidity (USG$ pays for installing and equipping the station)
• Calibrate temperature, conductivity, and turbidity sonde monthly (12X/yr)
• Sample Town Branch at White River Park monthly (12X/yr) for suspended sediment concentration and nutrients (nitrogen & phosphorus species) across the
Subtract approximately $4,200 if crest
range of turbidity with the goal of establishing a linear regression model between turbidity and suspended sediment concentration, and adding suspended
$ 30,713.00
$ 8,000.00
$ 38,713.00
stage gauges are eliminaled($1,400/gauge)
sediment concentration to the real-time web page for the station. These samples would generally be collected during calibration visits
• Sample Town Branch at White River Park bl-monthly (6X/yr) for major anions & TDS; these samples would be collected during six of the twelve monthly visits
for sonde calibration and collection of suspended sediment and nutrient samples
• Compute annual sediment load using surrogate relationship w/turbidity; compute annual nutrient loads using LOADEST
2 Alt
Operate the three existing urban stream gages as crest -stage gaging stations," where peak stages and flows are verified and the peaks sage and flow for the
year are published _
Cost may change slightly based on gauge
• Install a new, continuous -record, urban stream gage on Town Branch at White River Park (USGS pays for installing and equipping the station)
location and are slightly higher due to
• Sample Town Branch at White River Park hi -monthly (6X/yr) for turbidity, suspended sediment concentratlon, nutrients (nitrogen & phosphorous species),
travel distance/time and the addition of a
and major anions&TOS(including chloride and sulfate, for which the receiving stream,W. Fk. White River, is 303(d) listed).
$ 25,343.00
$ 2,000.00
$ 27,343.00
smaple for Ecoli and fecalcoliform as Clear
• Semple Town Branch at White River Park 2X/yr during storm events for the same constituents as in bi-monthly samples
Creek has a TMDL for both. If chosen, cost
• Compute annual sediment and nutrient loads using LOADEST
is in addition to program for Town Branch
above.
3 Alt
Operate the three existing urban stream gages as "crest -stage gaging stations," where peak stages and flows are verified and the peak stage and flow for the
year are published
• Install a new, continuous -record, urban stream gage on Town Branch at White River Park, including a sonde to continuously monitor water temperature,
specific conductivity, and turbidity (USGS pays for installing and equipping the station)
Cost may change slightly based on gauge
• Calibrate temperature, conductivity, and turbidity sonde monthly (12X/yr)
location and are slightly higher due to
• Sample Town Branch at White River Park monthly (12X/yr) for suspended sediment concentration and nutrients (nitrogen & phosphorus species) across the
travel distance/time and the addition of a
range of turbidity with the goal of establishing a linear regression model between turbidity and suspended sediment concentration, and adding suspended
$ 33,808.00
$ 2,000.00
$ 35,808.00
smaple for Ecoli and fecal coliform as Clear
sediment concentration to the real-time web page for the station. These samples would generally be collected during calibration visits
Creek has a TMDL for both. If chosen, cost
• Sample Town Branch at White River Park bl-monthly (6X/yr) for major anions & TDS; these samples would be collected during six of the twelve monthly visits
is in addition to•program for Town Branch
for sonde calibration and collection of suspended sediment and nutrient samples
above.
• Compute annual sediment load using surrogate relationship w/ turbidity; compute annual nutrient loads using LOUDEST
Not required but optional. Goal of Sceoario
Single
Town Branch costs about $2,400 and Clear Creek costs about $2,500. Difference in cost Is travel time and cost of materials for additional bacteria samples at
3 Is to establish relationship continuous
Storm
Clear Creek.
data so would likely not be required
Sampling
NORTHWEST ARKANSAS MAR 03 2015
CITY
CLERK'S
Democrat X(iztti
P.O. t 1607, FAY 1 TEVILLE, AR. 72702 - 4;'9-442-1700 - FAX: 479-695-1118 9 WWW.? WADG.C.OM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5747
Was inserted in the Northwest Arkansas Democrat
Gazette on:
February 26, 2015
Publication Charges: $ 103.76
Subscribed and sworn to before me
This 3 day of ,(,fQ , 2015.
(e*Ph
Notary Public
My Commission Expires42I2Y`2+
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024