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FAY., Pry„ ti r qCt N5h� 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5874 File Number: 2016-0193 U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT: 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 OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE FOR 2016 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, in 2015, the City modified its agreement with the USGS to begin monitoring major pollutant levels at Town Branch and Mud Creek and the City will continue this monitoring to provide more accurate information regarding the pollutants leaving the City at these points; and WHEREAS, the USGS, which purchased and installed the monitoring equipment at no cost to the City, provides these services at a cost much lower than the City could receive from any other provider. 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 the Engineering Division's agenda item, between the Page 1 Printed on 5118116 File Number: 2016-0193 Ordinance: 5874 City of Fayetteville and the U.S. Geological Survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville for 2016 with the amount paid by the City of Fayetteville not to exceed $61,721.00. PASSED and APPROVED on 5/17/2016 Attest: Sondra E. Smith, City Cler Page 2 Printed on 5118116 City of Fayetteville, Arkansas Text File File Number: 2016-0193 Agenda Date: 5/17/2016 Version: 1 In Control: City Council Meeting Agenda Number: C. 2 U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed 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 OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE FOR 2016 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, in 2015, the City modified its agreement with the USGS to begin monitoring major pollutant levels at Town Branch and Mud Creek and the City will continue this monitoring to provide more accurate information regarding the pollutants leaving the City at these points; and WHEREAS, the USGS, which purchased and installed the monitoring equipment at no cost to the City, provides these services at a cost much lower than the City could receive from any other provider. 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 the Engineering Division's agenda item, between the City of Fayetteville and the U.S. Geological Survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville for 2016 with the amount paid by the City of Fayetteville not to exceed $61,721.00. City of Fayetteville, Arkansas Page 1 Printed on 5/18/2016 City of Fayetteville Staff Review Form 2016-0193 Legistar File ID 5/17/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item / Chris Brown 4/14/2016 Engineering Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of the 2016 USGS joint funding agreement in the amount of $61,721.00 (City's share) for stream gauge 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 4470-Sales Tax Capital Improvements and 5400 - Water and Sewer Account Number Fund -3iormwaier Quamy Ivlanagememt I,_-)iormwaier 02097 and 10027.1001 Quality Mgmt/Nutrient Reduct) and Wastewater Project Number Trnnfnn.nnt/XA/n+ar Ojim Iike I n n lnrnon+c Project Title Budgeted Item? Yes Current Budget $ 570,937.00 Funds Obligated $ 92,029.54 Current Balance Does item have a cost? Yes Item Cost $ 61,721.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Ile ay ARKANSAS MEETING OF MAY 17, 2016 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: April 14, 2016 STAFF MEMO SUBJECT: Approval of the 2016 USGS joint funding agreement in the amount of $61,721.00 (City's share) for stream gauge 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 2016 USGS joint funding agreement in the amount of $61,721.00 (City's share) for stream gauge operation and maintenance as well as water quality sampling and monitoring for various locations within the City of Fayetteville. BACKGROUND: In 2015 the City of Fayetteville modified its contract with USGS to begin monitoring both flow and major pollutants at two location on major outfalls from the City, Town Branch and Mud Creek . This data is being gathered continuously and through sampling at various times in order to more closely model the pollutant concentrations in these streams. This combined with the flow data will give accurate information on the total amount of the various constituents being measured leaving the City at these points. The information produced by the gauges can be viewed on the USGS website by following: Town Branch: http://waterdata.usgs.gov/usa/nwis/uv?07048495 Mud Creek: http://waterdata.usgs.gov/ar/nwis/uv?site no=071948095 In 2015 the City of Fayetteville contributed $61,721 to the stream gauge program and the USGS contributing $10,000 in funds as well as providing and installing the equipment at no charge to the City. DISCUSSION: The proposed program would remain unchanged from 2015 and include 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 Mailing Address: 113 W. Mountain Street wwxv.f ayettevi Ile -ar.gov Fayetteville, Aft 72701 total suspended solids (TSS) essentially providing relatively accurate continuous pollutant loading information. The first station is located on Town Branch near Armstrong Ave and monitors 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 allows the City to determine Fayetteville's contribution to this TMDL. The second station is located on Mud Creek near Greg Avenue which is a tributary 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. 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 provided and installed 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 City of Fayetteville - Purchase Order Request (PO) Requisition NO Date, (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 I- Yes i No Legistar#: Name: - 2016-0193 Address: FOB Point taxable Expected Delivery Date: I— YeSr- No City: tate: S Zip Code: Ship to code: Quotes Attached C- Yes [-No Requester: Alan Pugh Requester's Employee #: Extension: 4073 8208 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project.Sub# Inventory # Fixed Asset # 1 2016 USGS Joint Funding Agreement 1 Lot 30,860.50 $30,860.50 4470.9470.5314.00 02097 2 2016 USGS Joint Funding Agreement 1 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 8 $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: Heul sea 011014V 14 United States Department of the Interior U.S. GEOLOGICAL SURVEY ' Lower Mississippi -Gulf Water Science Center Little Rock Office �~ 401 Hardin Road Little Rock, Arkansas 72211 March 7, 2016 Mr. Chris Brown, City Engineer City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 (479) 575-8206 Dear Mr. Brown: Enclosed are two copies of a Joint Funding Agreement (JFA) for the 2016 calendar year (January 1, 2016 to December 31, 2016) 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 cpllected during storm events. If the proposed program meets you approval, please have the Mayor sign and retain one copy of the JFA and return a signed copy to the attention of Roxanne Childers at the above address. Work performed with funds from this agreement will be conducted on a fixed -price basis and billed quarterly. We acknowledge Tracy Skelton, (479) 575-8206, to be the financial contact at the City of Fayetteville for this project. Our financial contact is Lakeisha Raybon, (334) 395-4127. 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. Si Ic elyfbWGain, --� W Director USGS LMG Water Science Center Enclosures WEB: rkc Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR Customer#: 6000000775 (April 2015) GEOLOGICAL SURVEY Agreement #: 16ESAR000000028 Project #: JOINT FUNDING AGREEMENT TIN #: 71-6018462 Fixed Cost Agreement YES FOR Water Resources Investigations THIS AGREEMENT is entered into as of the, 1st day of January, 2016 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. 1" 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, sampling six times for major anions and 12 times for nutrients and suspended sediment during the 2016 calendar year. A minimum of two of the 12 samples for nutrients and suspended sediment will be collected during storm events, 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 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, 2016 December 31, 2016 (b) by the party of the second part during the period Amount Date to Date $61,721.00 January 1, 2016 December 31, 2016 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: Description of the USGS regional/national program: (d) 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. (e) 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 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. 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 #: 1GESAR000000028 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies ofthe 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 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 LMG Water Science Center Address: City of Fayetteville Northwest Arkansas Field Office 113 West Mountain Street 700 West Research Center Boulevard, MS 36 Fayetteville, AR 72701 Fayetteville, AR 72701 Telephone: (479) 442-4888, ext. 201 Telephone: (479) 575-833D Email: dwagner@usgs.gov Email: mayor@fayetteville-ar.gov Signatures and Date Signature: hate: Signature: Date; r b 6- VA4 Name: W ;Gain Name: L neldJord Title: Director, USGS LMG Water Science Center Title: Mayor Ci Fayetteville 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 County 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 5874 Was inserted in the Regular Edition on: May 26, 2016 Publication Charges $ 128.70 Karen Caler Subscribed and sworn to before me This 31 day of /1�t , 2016. �e� ��L Notary Public My Commission Expires: Z 40/1_04 CATHY WILES Arkansas - 6vton County ? Notary Publir, - CGnJill 1231971118 My Commission Expires Feb 20, 2024 ,E v **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED JUN 01 2016 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance:5874 File Number: 2016-0193 U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT: 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 OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE FOR 2016 WITH THE AMOUNT PAID BY THE CITY NOT TO EXCEED $61,721.00 WHEREAS, since 1998, the City of Fayetteville has participated in ajoint 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, in 2015, the City modified its agreement with the USGS to begin monitoring major pollutant levels at Town Branch and Mud Creek and the City will continue this monitoring to provide more accurate information regarding the pollutants leaving the City at these points; and WHEREAS, the USGS, which purchased and installed the monitoring equipment at no cost to the City, provides these services at a cost much lower than the City could receive from any other provider. 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 finding agreement, a copy of which is attached to the Engineering Division's agenda item, between the City of Fayetteville and the U.S. Geological Survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville for 2016 with the amount paid by the City of Fayetteville not to exceed $61,721.00. PASSED and APPROVED on 5/17/2016 Jordan, Mayor Sondra E. Smith, City Clerk Treasurer 73708761 May 26, 2016