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HomeMy WebLinkAbout160-08 RESOLUTIONRESOLUTION NO. 160-08 A RESOLUTION TO APPROVE A CONTRACT WITH NELSON ENGINEERING IN THE AMOUNT OF $36,100.00 TO PROVIDE ENGINEERING SERVICES FOR THE WEST FORK WATER QUALITY MONITORING PROJECT 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 approves the contract with Nelson Engineering in the amount of $36,100.00 to provide engineering services for the West Fork Water Quality Monitoring Project. PASSED and APPROVED this 19th day of August, 2008. APPROVED: By: DAN COODY, Mayor ATTEST: By: llllllllllllllll c z.cel i�'C\IY 0,c sG� s -U" •-A; • FAYETTEVILLE: 3 ut-t', it se.. s. nuuw." SONDRA E. SMITH, City Clerk/Treasurer Contract for Professional Services CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is made and entered into on the day of "Mil 2008, by and between THE CITY OF FAYE 11 EVILLE , hereinafter called The CITY, and NELSON ENGINEERING. The CITY engages NELSON ENGINEERING to perform professional services for a project known as the WEST FORK WATER QUALITY MONITORING PROJECT hereinafter called the "PROJECT". SECTION I - SERVICES OF NELSON ENGINEERING NELSON ENGINEERING shall perform the following professional services: A. NELSON ENGINEERING shall develop a QAPP for this project B. NELSON ENGINEERING shall collect grab water samples twice per month and storm water samples from all significant storm events at this site. C. NELSON ENGINEERING shall take continuous in-situ measurements of specific conductance, temperature and turbidity at this site. D. NELSON ENGINEERING shall have all water samples analyzed at a State certified water quality lab. Samples will be analyzed for nitrate/ nitrite, total Kjeldahl nitrogen, ammonia, ortho-phosphate, total phosphorus, sulfate, chloride and total suspended solids. E NELSON ENGINEERING shall provide progress and QA/QC reports to the CITY once per quarter. F. NELSON ENGINEERING shall calculate annual loads and mean concentrations and provide the results to the CITY in a written final report and an oral presentation SECTION II - PERIOD OF SERVICE NELSON ENGINEERING shall complete all services between July 1, 2008 and June 31, 2009. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is quarterly with a final payment. NELSON ENGINEERING shall submit an mvoice for payment once per quarter. The first payment will be $345. The second, third and fourth payments will be $10,000. The final payment, due after the final report has been accepted will be $5,765. The total compensation for the services performed shall be $36,110. B. "Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a pnor formal contract amendment approved by the Mayor and the City Council m advance of the change in scope, cost or fees." SECTION IV — The CITY's RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by The CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review the quarterly invoice submitted by NELSON ENGINEERING and provide payment within no more than 60 days. C. The CITY shall purchase the equipment required for the project. The total equipment cost shall be $8,905 or less. SECTION V — FREEDOM OF INFORMATION ACT A. 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, NELSON ENGINEERING will do everything possible to provide the documents m 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." SECTION VI — LEGAL JURISDICTION A. Legal junsdiction to resolve any disputes must be Arkansas with Arkansas law applying to the case. SECTION VI — TERMINATION The CITY, at its sole discretion, may terminate this CONTRACT for convenience or abandon any portion of the Project for which services have not been performed by NELSON ENGINEERING, upon fourteen (14) days written notice delivered to NELSON ENGINEERING personally or by certified mail. Immediately after receiving such notice, NELSON ENGINEERING shall discontinue advancing the services under this CONTRACT and proceed to close said operations under this CONTRACT. The CITY OF FAYETTEVILLE COODY, Mayor Attest: clip. 5 Sondra Smith, City Clerk .••���RK/ I R ''•. :Lai •G\IY O,c.G�s • clI i it 0; •�- :3. :FAYETTEVILLE: �:• �� 155'.',/fANSC:t# ; itliGorl°.°. %� NELSON ENGINEERING warrants that the person who is signing this CONTRACT on behalf of NELSON ENGINEERING is authorized to do so and to execute all other documents necessary to carry out the terms of this CONTRACT. NELSON ENGINEERING Marcelson, Sole Proprietor, Nelson Engineering Federal I.D. No. /Social Security No. 522 76 0815 Ron Petrie Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts August 19, 2008 City Council Meeting Date Engineering Division Action Required: Operations Department Resolution to award a contract to Nelson Engineering in the amount of $36,110.00 to perform professional services for a project known as the West Fork Water Quality Monitoring Project. 36,110.00 Cost of this request 4470-9470-5817 Account Number 8059.1 Project Number Budgeted Item X 45,765.00 Category / Project Budget 8,331.35 Funds Used to Date 37,433.65 Remaining Balance Budget Adjustment Attached Water Quality Testing' 081'09 Program Category / Project Name Bridge and Drainage Improvements Program / Project Category Name Federal Grants Capi Revenue Fund Name 44111//al, 11/4 De. rtment ■'rector City AtCney 11.4454 - Finance and Internal Service Director Mayor Date /-og Date 3-7-08 Date 3// Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor s Office0100 nirram Comments: City Council Meeting of August 19, 2008 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Ron Petrie, City Engineer From: Sarah Wrede, Staff Engineer Date: August 1, 2008 Subject: Resolution to award a contract to Nelson Engineering in the amount of $36,110.00 to perform professional services for a project known as the West Fork Water Quality Monitoring Project. RECOMMENDATION Staff recommends approval of a resolution authorizing the perfonnance of professional services for the West Fork Water Quality Monitoring Project for the City of Fayetteville by Nelson Engineering. BACKGROUND On July 1, 2008, the City Council approved a resolution authorizing the engineering division to apply for and accept a grant from the Arkansas Natural Resources Commission water quality sampling, analysis and annual load determinations for TSS, nitrogen, and phosphorus at the Mally Wagnon Bridge on the West Fork of the White River and utilizing in-kind match through staff time and current projects. DISCUSSION: The City held a selection committee on July 18, 2008 to select a qualified sub -contractor from the annual statement of qualifications. Nelson Engineering was selected for the project. The project is proposed to take a year. BUDGET IMPACT Currently, there is $37,433.00 remaining in the Water Quality Testing '08/ '09. The cost of this request is $36,110.00. 1 RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT WITH NELSON ENGINEERING IN THE AMOUNT OF $36,100.00 TO PROVIDE ENGINEERING SERVICES FOR THE WEST FORK WATER QUALITY MONITORING PROJECT 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 approves the contract with Nelson Engineering in the amount of $36,100.00 to provide engineering services for the West Fork Water Quality Monitoring Project. PASSED and APPROVED this 19th day of August, 2008. APPROVED: ATTEST: DAN COODY. Mayor SONDRA E. SMITH, City Clerk/Treasurer RESOLUTION NO. 138-08 A RESOLUTION AUTHORIZING THE ENGINEERING DIVISION TO APPLY FOR AND ACCEPT A GRAM FROM THE ARKANSAS NATURAL RESOURCES COMMISSION FOR WATER QUALITY SAMPLING, ANALYSIS AND ANNUAL LOAD DETERMINATIONS FOR TSS, NITROGEN AND PHOSPHORUS AT THE MALLY WAGNON ROAD BRIDGE ON THE WEST FORK OF THE WHITE RIVER; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. 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 the Engineering Division to 'apply for and accept a grant from the Arkansas Natural Resources Commission for water quality sampling, analysis and annual load determinations for TSS, nitrogen and phosphorus at the Mally Wagnon Road Bridge on the West Fork of the White River. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the grant revenue. `,`����'�"KjTRf''Q'SG • ��� a G�Z Y. O,c •, P� E. �. <, ,32 APPROVED ;FAYETTEVIILE; ��� --t� 9'O�(ANS%/'J= B� ��1j\yltil AAJ `/ ``` By: L./� / Y DAN COODY, Mayor SONDRA E SMITH, City Clerk/Treasurer PASSED and APPROVED this Is` day of July, 2008. ATTEST: J. Randy Young, PE Executive Director Arkansas Natural Resources Commission 101 East Capitol, Suite 350 Little Rock, Arkansas 72201 http://www.anrc.arkansas.gov/ Phone: (501) 682-1611 Fax: (501) 682-3991 E-mail: anrc@arkansas.gov MEMORANDUM TO: Mayor Dan Coody City of Fayetteville FROM: Earl T. Smith, Jr., P.E Chief, Water Resour Division DATE: June 17, 2008 RE' SUB GRANT AGREEMENT (SGA 243) Water Quality Mike Beebe Governor RECEIVED JUN 1.9 2008 CITY OF FAYETTEVILLE MAYORS OFFICE Please review and sign the above referenced Sub Grant Agreement and return both originals to this office. A fully executed copy will be returned to you for your files. An envelope is enclosed for your convenience. ETS:Iab Enclosure An Equal Opportunity Employer SUB -GRANT AGREEMENT # SGA 243 BETWEEN ARKANSAS NATURAL RESOURCES COMMISSION AND CITY OF FAYETTEVILLE WATER QUALITY SAMPLING, ANALYSIS AND ANNUAL LOAD DETERMINATIONS FOR NUTRIENTS AND SOLIDS AT THE WASHINGTON COUNTY ROAD 195 BRIDGE ON THE WEST FORK OF THE WHITE RIVER. GRANT # F0455C999610316-1S PROJECT 08 -113 SECTION 1. - PURPOSE The purpose of this Sub -Grant Agreement is to establish the responsibilities of the Arkansas Natural Resources Commission (Commission) and the City of Fayetteville (City) necessary to complete a cooperative nonpoint source pollution prevention project. This pro)ect is to continue water quality sampling, water sample analysis and annual pollutant load calculations at the Washington County road 195 bridge on the West Fork of the White River. SECTION 2. - GENERAL The Commission is the recipient of a grant from the US Environmental Protection Agency (EPA) to be used for implementation of the protect. A requirement of the grant is that state and local funds also be secured. The following is a summation of funding requirements: SUMMARY OF FUNDS Source Amount Funds provided to the City of Fayetteville EPA (997) — $45,765 ANRC (2RG-04) $ TOTAL FUNDS $45,765 CC 336485 FSC3808 Funds provided by the City of Fayetteville (Cash or In -Kind) $34,524 TOTAL MATCH $34,524 TOTAL PROJECT COST $80,289 SECTION 3. — CITY RESPONSIBILITIES 1. Provide personnel, supplies, and other resources necessary for completion of the project as outlined in the attached scope of work. 2. Abide by all conditions of US EPA Assistance Agreement. The Administrative Conditions of the grant are attached and incorporated by reference. 3. Complete all milestones, tasks, and outputs as outlined in the project workplan in a timely manner. 4. Provide Quarterly Reports to the Commission within 15 days of the end of September, December, March, and June; including Progress Reports, Supporting Documentation, MBEIWBE Expenditures, and other matters required by the Commission. 5. Participate in an annual project evaluation and provide a report to the Commission on significant accomplishments and other information as required by the Commission resulting from this project. An Annual Evaluation Report will be submitted to the Commission by October 1st of each year. 6. Maintain financial records acceptable to the Commission. Submit to the Commission an annual audit of funds that have been provided under this agreement. 7. Request payment for services provided in accordance with the attached schedule of payments. Requests will be made no more than quarterly and will be accompanied by the required project progress report. Provide funds to the project as scheduled in the summary of funds and in the project work -plan. SECTION 4. - COMMISSION RESPONSIBILITIES 1. Administer the grant in accordance with US EPA regulations. 2. Make semi-annual reports to Region 6 of the US EPA on progress of the project. 3. Include activities of the project in its annual report on nonpoint source management to US EPA. 4. Provide payment in a timely and efficient manner for work performed in accordance with the attached schedule of payments. 5. Provide personnel, supplies and resources for completion of the project as outlined in the attached scope of work. 6. Abide by conditions of US EPA Assistance Agreement. 7. Make periodic inspections of the work to determine if it meets the requirements of the EPA Assistance Agreement. 2 The project will be assessed at the end of the first year by the Nonpomt Source (NPS) Staff. The NPS Staff will determine if the project is on schedule and all milestones, tasks, and outputs as outlined in the project workplan have been accomplished in a timely manner. Funding for the following year(s) of this project will be contingent upon satisfactory completion of tasks, by the completion date(s) as outlined in the schedule of tasks and outputs. SECTION 5. - IT IS FURTHER AGREED: Employees of all parties will cooperate fully with each other in such a manner as to maintain and enhance the image of all parties and any other agencies assisting the project. Any advertisements or information released regarding the project musi reference the contributions of the Commission and EPA. 3. Any and all equipment purchased by US EPA Assistance Agreement or Commission funds will be properly identified reflecting who provided funding for the equipment. 4. Any and all equipment and supplies purchased by US EPA Assistance Agreement or Commission funds will be surrendered to the Commission if the terms of this agreement are not met. Equipment purchased by US EPA Assistance Agreement or Commission funds requires the Commissions' approval prior to disposition. 5. The Sub -grantee will be required to participate in the Commissions' annual project review meeting and any other meetings and/or conferences the Commission deems necessary. 6. The Commission may terminate this agreement with a 30 -day wntten notice at any time if it is .determined by the Commission's Executive Director that the work is not within the terms and condition of this agreement including the project workplan and other grant requirements, or if the EPA determines that the work is not within the grant requirements. 7. This Sub -Grant Agreement will expire September 1, 2009. 8. The project duration will be 1 year(s), beginning- July 1, 2008 to June 30, 2009 9. Final Report and Invoice are due no later than July 31, 2009. 3 Acceptance of this agreement is evidenced by signature below. CITY OF FAYETTEVILLE Bv: Dan Coody, Mayor ARKANSAS NATURAL RESOURCES COMMISSION Date: i/4 By: Date: J. Randy Young, Executive Director 4 SCOPE OF WORK PROJECT 08-113 WATER QUALITY SAMPLING, ANALYSIS AND ANNUAL LOAD DETERMINATIONS FOR NUTRIENTS AND SOLIDS AT THE WASHINGTON COUNTY ROAD 195 BRIDGE ON THE WEST FORK OF THE WHITE RIVER. INTRODUCTION A water quality sampling station was installed at the Washington County road 195 bridge on the West Fork of the White River just above the confluence of the three main forks of the Upper White River in 2002. This station is coordinated with a USGS gauging station at the same location. This station is instrumented to collect samples at sufficient intervals across the hydrograph to accurately estimate the flux of total suspended solids, nitrogen and phosphorus into the upper end of Beaver Lake from the West Fork of the White River. The West Fork is listed on Arkansas' 1998 303d list as impaired from sediment. The Upper White was designated as the states highest priority watershed in the 1999 Unified Watershed Assessment. Accurate determination of stream nutrients and sediment is critical for future determinations of TMDLs, effectiveness of best management practices and trends in water quality. This proposal is for continuation of sampling and load determination for the period from July 1, 2008 to June 30, 2009. SCOPE This proposal is for sampling station installation, water quality sampling, water sample analysis and annual pollutant load calculations at the Washington County Road 195 Bridge on the West Fork of the White River. The parameters measured from collected samples will be nitrate - nitrogen, ammonia -nitrogen, total nitrogen, total phosphorus, dissolved reactive phosphorus, turbidity, conductivity, sulfate chloride and total suspended solids. In addition turbidity, conductivity and pH will be measured in-situ and recorded in thirty -minute intervals. The City of Fayetteville will be the contractor with Arkansas Natural Resources Commission (ANRC) for the 319 grant. They will be responsible for contractual relationships and payment to the sub- contractor. The City of Fayetteville will also be responsible for providing the entire match for the project. Nelson Engineering will be the sub -contractor. The sub -contractor will be responsible for all remaining tasks of the project including: writing the QAPP, collecting samples and analyzing the data from the water quality sampling station, computing the annual load for all parameters and reporting quarterly and annually to the City of Fayetteville and ANRC. 5 METHODS There are twelve significant storms during a year on average. Each storm will require an average of three composite samples. The budget is based on composite sampling, collection and analysis for twelve storms and twenty-six grab samples. This is the estimated analytical cost. Actual costs will be born by the sub -contractor regardless of the number of samples collected. (All significant storm events will be sampled) All samples will be analyzed for Nitrate Nitrogen (NO3-N), Ammonia Nitrogen (NH4-N), Total Nitrogen (TN), Total Phosphorus (TP), Soluble Reactive Phosphate (SRP) and Total Suspended Solids (TSS), turbidity, conductivity, sulfate and chloride. Nelson Engineering will collect all samples and all samples will be analyzed by the AWRC Water Quality Lab or another ADEQ certified lab using standard field and laboratory QA/QC procedures The sampler will be configured to take flow -weighted composite samples. The sampler will begin sampling after the stage has risen above a set trigger level. It will take a discrete sample after a fixed volume of water has passed. The discrete samples will be composited by combining equal volumes of each into a single composite sample for analysis. The discrete samples will be collected for compositing before all twenty-four bottles are filled or within forty- eight hours after the first sample. Storms will be sampled in this manner as long as the stage is above the trigger level. The trigger level will be four feet. Grab samples will be taken every two weeks. The data collected at this site will be used to calculate total pollutant loads and mean concentrations for the year All data will be reported with field and laboratory QA/ QC data. A YSI sonde will be used to collect data on turbidity and conductivity. The sonde is SDI -12 compatible and works in conjunction with the USGS DCP located on site. The data is measured and logged every 30 minutes and transferred to the USGS office every 4 hours along with other USGS stage and flow data. The responsibilities of the sub -contractor include project management and coordination, QAPP plan writing, sample collection, field maintenance, sample analyses, quality control, data compilation, data interpretation and report writing. Quarterly progress and quality assurance reports and a yearly written report will be prepared for this project. The report will detail the sampling results for the year as well as total calculated loads for the water quality parameters measured. Trends in water quality will be investigated and reported as soon as sufficient data becomes available. The report will be presented annually to the City of Fayetteville and ANRC. Payment of the sub -contract will be a lump sum, 25% of the total each quarter after submission of the quarter reports and a payment invoice from the sub -contractor to the City. Budget totals: $80,289 Requested federal funds: $45,765(57%) Required matching funds (or in-kind match): $34,524(430/0) 6 WATER QUALITY WASHINGTON Schedule of Payments Project FY 08-113 SAMPLING, ANALYSIS AND ANNUAL LOAD NUTRIENTS AND SOLIDS AT THE COUNTY ROAD 195 BRIDGE ON THE WEST RIVER. CITY OF FAYtIILVILLE 113 WEST MOUNTAIN FAYETfEVILLE,AR 72701 DETERMINATIONS FOR FORK OF THE WHITE Item Description Budgeted Units Unit Cost Total Payment 1 Quarterly and QA Reports 4 $10,000 $40,000 2 Final Report 1 $5,765 $5,765 Total $45,765 7 WATER QUALITY WASHINGTON Schedule of MATCH Project FY 08-113 SAMPLING, ANALYSIS AND ANNUAL LOAD NUTRIENTS AND SOLIDS AT THE COUNTY ROAD 195 BRIDGE ON THE WEST RIVER. CITY OF FAYE I I tVILLE 113 WEST MOUNTAIN FAYETTEVILLE,AR 72701 DETERMINATIONS FOR FORK OF THE WHITE Item Description Budgeted Units Unit Cost Total Payment 1 Quarterly and QA Reports 4 $7,500 $30,000 2 Final Report 1 $4,524 $4,524 Total $34,524 8 Quarterly Project Fund Request Sub -grant Agreement SGA # 243 WATER QUALITY SAMPLING, ANALYSIS AND ANNUAL LOAD DETERMINATIONS FOR NUTRIENTS AND SOLIDS AT THE WASHINGTON COUNTY ROAD 195 BRIDGE ON THE WEST FORK OF THE WHITE RIVER. Quarter: CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701 (From) Date (To) Date Date Submitted to AN RC: 1 Budget: $45,765 Prepared / submitted by: Total Cost to date: $ 9 Balance: $ Date: Cost th s Quarter Total Costs to Date Item Description Budgeted Units Cost UniUnit thiss Quarter Quarter Cost (Unit Total Units to Date Total Cost =(Unit Cost X Total Units to Date) Cost x Units this Quarter) 1 Quarterly and QA Reports 4 $10,000 $ $ 2 Final Report 1 $5,765 $ $ Earned this Quarter $ $ Total Cost to date $ Less Previous Payments $ Total Amount Due $ 1 Budget: $45,765 Prepared / submitted by: Total Cost to date: $ 9 Balance: $ Date: WATER QUALITY WASHINGTON Quarter: Quarterly Match Report Project FY 07-113 SAMPLING, ANALYSIS AND ANNUAL LOAD NUTRIENTS AND SOLIDS AT THE COUNTY ROAD 195 BRIDGE ON THE WEST RIVER. CITY OF FAYETTEVILLE 113 WEST MOUNTAIN FAYETTEVILLE,AR 72701 (From) Date (To) Date Date Submitted to ANRC: DETERMINATIONS FOR FORK OF THE WHITE Prepared/submitted by: 10 Date: Cost this Quarter Tota Costs to Date Item Description Budgete d Units Unit Cost Units this Quarte r Quarter Cost (Unit Cost Units Quarter) = x this Total Units to Date Total Cost = (Unit Cost x Total Units to Date) 1 Quarterly Reports 4 $7,500 2 Final Report 1 $4,524 Total Billed F Total Cost Less Previous Payments Total Amount Due Budget: $34,524 Total Cost: $ Cash Advance: $0 Balance: $ Prepared/submitted by: 10 Date: City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2008 Department: Division: Program: Date Requested 7/1/2008 Adjustment Number Project or Item Added/Increased: $45,765 is requested in the Drainage/Phase 2 Slormwater Mgmt project. Project or Item Deleted/Reduced: None. To recognize $45,765 in EPA Grant Revenue. Justification of this increase: The funding is for the Water Quality Sampling, Analysis and Annual Load Determinations for Nutrients and Solids ' at the Washington County Road 195 Bridge on the West Fork of the White River Grant. Justification of this Decrease: increase Expense Budget (Decrease Revenue Budget) Account Name Account Number Amount Project Number Bridge & drainage improve 4470 9470 5817 00 45,765 08059 Account Name Decrease Expense Budget (Increase Revenue Budget) Account Number Amount Federal grants -Capital 4470 0947 4309 00 Project Number 45,765 08059 1 Aprovamres Requested By Date get Mana.er 6 30-eg Date mem Finance & Interval Services Director Date 6 -3o -or Date ,'S V Date Budget Office Use Only Type: A B Posted to General Ledger Posted to Project Accounting Entered in Category Log E Initial Date Initial Date Initial Date