HomeMy WebLinkAboutORDINANCE 5874O5. FAY., Pry„
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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