HomeMy WebLinkAboutORDINANCE 5957JILW
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 5957
File Number: 2017-0059
U.S. GEOLOGICAL SURVEY:
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 IN 2017 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 urban stream gauging stations to record data
concerning rainfall and runoff; and
WHEREAS, in 2015, the City modified its agreement with the USGS to begin monitoring major pollutants
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 this Ordinance and made a part hereof, 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 in 2017 with the amount paid by the
Page 1 Printed on 318117
Ordinance: 5957
File Number 2017-0059
City of Fayetteville not to exceed $61,721.00.
PASSED and APPROVED on 3/7/2017
Approved:
Page 2
Attest:
Sondra E. Smith, City C -T Y u9'f01
• a
�3 a
�C7� s01
=_ : FAYETrEVILLE:
s'AN�rGi
1 O1110%
d `t1
Printed on 318117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0059
Agenda Date: 3/7/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 3
U.S. GEOLOGICAL SURVEY:
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
IN 2017 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 urban stream gauging stations to record
data concerning rainfall and runoff; and
WHEREAS, in 2015, the City modified its agreement with the USGS to begin monitoring major
pollutants 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 this Ordinance and made a part hereof, 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 in 2017 with the amount paid by the City of
Fayetteville not to exceed $61,721.00.
City of Fayetteville, Arkansas Page 1 Printed on 31812017
I
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2017-0059
Legistar File ID
3/7/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/7/2017 Engineering /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
Approval of the 2017 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:
4470.621.8810-5314.00 and 5400.730.5800- 4470 -Sales Tax Capital Improvements and 5400 -
5314.00 Water and Sewer
Account Number
02097.1 and 10027.1001
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
V20140710
Fund
�tormwazer Uuaiiiy ivianagememt i�tormwaier
Quality Mgmt/Nutrient Reduct) and Wastewater
....�.—yam.
i cn _.
Project Title
Current Budget
$ 119,647.00
Funds Obligated
$
Current Balance
Item Cost
$ 61,721.00
Budget Adjustment
Remaining Budget
Approval Date:
V20140710
CITY OF
Tay' •
V le
ARKANSAS
MEETING OF MARCH 7, 2017
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: February 3, 2017
STAFF MEMO
SUBJECT: Approval of the 2017 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 2017 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: htt :i/waterdata.us s, ovltrsa/nwis/uv?07048495
Mud Creek: httr)://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. The 2016 program was approved at the same funding levels and scope of
20tlo.as
DISCUSSION:
The proposed program would remain unchanged from 2016 with the exception of the
elimination of one storm sample. The storm sample was eliminated to account for a drop in
available cooperative funding through the USGS program. This is a nationwide shift in the
USGS program funding allocations for the 2017 and 2018 fiscal years and does not a shift in the
local office priorities or commitment to the program.
Mailing Address:
113 W. Mountain Street www.tayettevitle-ar.gov
Fayetteville, AR 72701
The proposed program would again 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 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 $66,721 with the USGS contributing
$5,000 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 $66,721 with the USGS contributing $5,000 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 Agreement with USGS
sYF United States Department of the Interior RECEIVED
s U.S. GEOLOGICAL SURVEY MAR 21 2017
1,
Lower Mississippi -Gulf Water Science Center CITY OF FAYETTEVILLE
Little Rock Office MAYORS OFFICE
401 Hardin Road
Little Rock, Arkansas 72211
March 20, 2017
Honorable, Lioneld Jordan, Mayor
ATTN: Alan Pugh
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
(479) 575-8330
Dear Mayor Jordan:
Enclosed are two copies of a Joint Funding Agreement (JFA) (17ESAR000000031) for the
2017 calendar year (January 1, 2017 to December 31, 2017) in the amount of $61,721. The
agreement includes operation, and maintenance of two streamgages and two continuous
water -quality meters, one on Mud Creek and one on Town Branch; sampling nine times for
nutrients, major ions, and suspended sediment, and bacteria at the streamgage on Mud
Creek; and sampling nine times for nutrients, major anions and suspended sediment at the
streamgage on Town Branch. Three of the nine samples at each station will be collected
during a storm event. 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 Desvin Jones,
(225) 298-5481, ext. 3114.
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.
Sincerely, C
SL!linAii29.
�1,vD�-Fr.✓ W S• flUi�
W. Scott Gain, Director
USGS LMG Water Science Center
Enclosures
DAW : rkc
Page 1 of 2
Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR
Customer #:
6000000775
(April 2015) GEOLOGICAL SURVEY
Agreement #:
17ESAR000000031
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, 2017 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 operation, and maintenance of two streamgages and two
continuous water -quality meters, one on Mud Creek and one on Town Branch; sampling nine times for nutrients,
major ions, and suspended sediment, and bacteria at the streamgage on Mud Creek; and sampling nine times for
nutrients, major anions and suspended sediment at the streamgage on Town Branch. Three of the nine samples at
each station will be collected during a storm event. 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 $0.0
(a) by the party of the first part during the period
Amount Date to Date
$5,000.00 January 1, 2017 December 31, 2017
(b) by the party of the second part during the period
Amount Date to Date
$61,721.00 January 1, 2017 December 31, 2017
(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,
Page 2 of 2
9-1_166 (continuation] Customer #: 6000000775 Agreement S: 17ESAR000000D31
7. The original records resulting from this program will be deposited In the office of origin oft hose 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 fumished by the party of the first part, at casts, 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). Bllling 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 8-212222, 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: Lloneld 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) 575-8330
Email: dwagner@usgs.gov Email: mayor@cl.fayettevllle,ar,us
,shcrhne u t/1/I /l,`imS 'Signatures and pate
Signature: S. min Date: Signature: r Date: 3
D. Gr,., 3/2o f� ►7 ► ..e.��
Name: W. Scott Gain Name: one Jorda
Title: Director, USGS LMG Water Science Center Title: Mayor, C Fayetteville
I WE - I MWIM
---,,,Democrat azette
a
B�� :> .'. ..Yc l . I_._E. All. 727079-44l-1700
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. 5957
Was inserted in the Regular Edition on:
March 16, 2017
Publication Charges: $ 122.20
Subscribed and sworn to before me
This Wday of d , 2017.
& E ; � , '
Notary Public
My Commission Expires: &k2
�JY CAT1HY VVI, i.ES
�' P��� C.
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
EcENE
pp 3 2017
a�rr�
Ordinance: 5957
File Number: 2017-0059
U.S. GEOLOGICAL SURVEY:
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 IN 2017 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 urban stream gauging stations to record
data concerning rainfall and runoff, and
WHEREAS, in 2015, the City modified its
agreement with the USGS to begin
monitoring major pollutants 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;
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 this Ordinance
and made a part hereof, 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 in 2017 with the amount paid
by the City of Fayetteville not to exceed
$61,721.00.
PASSED and APPROVED on 3/7/2017
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74059422 March 16, 2017
