HomeMy WebLinkAboutORDINANCE 6033STf fnr��rE
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6033
File Number: 2018-0076
U.S. GEOLOGICAL SURVEY 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 IN 2018 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 proposed 2018 program would remain unchanged from 2017 with the exception of the
elimination of one storm sample to account for a drop in available cooperative funding through the
USGS program; 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
Page 1 Printed on 217118
Ordinance: 6033
File Number: 2018-0076
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 2018 with the amount paid by the City
of Fayetteville not to exceed $61,721.00.
PASSED and APPROVED on 2/6/2018
Approved:
Attest:
Jordan, Mayor Sondra E. Smith, City Clerk Treasurer
Y? fi o`SG '•+
17 YE 'EVILI_l_
T ( N
Page 2 Printed on 217118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0076
Agenda Date: 2/6/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 3
U.S. GEOLOGICAL SURVEY 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 IN 2018 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 proposed 2018 program would remain unchanged from 2017 with the exception of the
elimination of one storm sample to account for a drop in available cooperative funding through the USGS
program; 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 2018 with the amount paid by the City of Fayetteville not to exceed $61,721.00.
City of Fayetteville, Arkansas Page 1 Printed on 2/7/2018
City of Fayetteville Staff Review Form
2018-0076
Legistar File ID
2/6/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 1/22/2018
Utilities Director /
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of the 2018 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.
4470.621.8810-5314.00 and
5400.730.5800-5314.00
Account Number
02097.1 and 10027.1001
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
4470 -Sales Tax Capital Improvements and 5400 -
Water and Sewer
Fund
-)tormwaier t.tuamy Ivlanagememt iaiormwaier
Quality Mgmt/Nutrient Reduct) and Wastewater
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
$
190,653.31
$
56, 624.56
$
134,028.75.
$
61, 721.00
$
72,307.75
V20140710
Previous Ordinance or Resolution # Ord. 5957
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
All
ARKANSAS
MEETING OF FEBRUARY 6, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Chris Brown, City Engineer
FROM: Tim Nyander, Utilities Director
DATE: January 22, 2018
CITY COUNCIL MEMO
SUBJECT: Approval of the 2018 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 2018 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 locations 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 :llwaterdata.us s. ovtusa/nwisluv?07048495
Mud Creek: ligj22 ttwaterdata.usgs.govlarinwisluv?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 and 2017 programs were approved at the same funding levels and
scope of work.
DISCUSSION:
The proposed program would remain unchanged from 2016 and 2017 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.fayetteville-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
RECEIVED
,SAN 18 2H3
United States Department of the Interior
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
U.S. GEOLOGICAL SURVEY
Lower Mississippi Gulf Water Science Center
Little Rock Office
401 Hardin Road
Little Rock, Arkansas 72211
January 10, 2018
Mr. Chris Brown, City Engineer
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear Mr. Brown,
Enclosed are two signed originals of our standard joint -funding agreements between the United States Geological
Survey (USGS) and City of Fayetteville, during the period January 1, 2018 through December 31, 2018. The
agreement includes operation and maintenance of two streamgages and two continous 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 high
flow event. The total cost of the program is for $66,721. U.S. Geological Survey contributions for this agreement are
$5,000 and City of Fayetteville contribution is for $61,721. Please sign and return one fully -executed original to
Desvin Jones, Administrative Specialist at the address of 3535 S. Sherwood Forest Boulevard Ste. 120 Baton
Rouge, LA. 70816.
This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI -1040). Please
allow 30 -days from the end of the billing period for issuance of the bill. If you experience any problems with your
invoice, please contact Desvin Jones at phone number (225) 298-5481 Ext 3114 or email at dd'ones us s. ov. Also,
you can contact William Baldwin by phone number (501) 228-3602 or email bbaldwin@usgs.gov to make alternative
arrangements.
The results of all work performed under this agreement will be available for publication by the U.S. Geological
Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water
resources studies.
Sincerely,
r
W c Gain
Dir tor, LMG Water Science Center
Enc.: 18ESAR000000031(2)
Form 9-1366 U.S. Department of the Interior
(April 2015) U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Agreement#: 18ESAR000000031
Customer#: 6000000775
Project #: ML009Z5
TIN M 71-6015462
USGS DUNS #: 012790072
Fixed Cost Agreement YES[ X j NO[ j
THIS AGREEMENT is entered into as of the January 1, 2018, by the U.S. GEOLOGICAL SURVEY, Lower
Mississippi Gulf Water Science Center, 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 the availability of appropriations and in accordance with their respective
authorities there shall be operation and maintenance of two streamgages and two continous 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
high flow 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) include In -Kind -Services in the amount of $0.00
(a) $5,000 by the party of the first part during the period
January 1, 2018 to December 31, 2018
(b) $61,721 by the party of the second part during the period
January 1, 2018 to December 31, 2018
(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.
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 cost, 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.
Form 9-1366 U.S. Department of the Interior Agreement#: 2SESAR000000031
(April 2015) U.S. Geological Survey Customer#: 6000000775
Joint Funding Agreement Project #: ML009Z5
FOR TIN M 71-6018462
Water Resource Investigations USGS DUNS M 012790072
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
United States
Department of Interior
Si nature
w
BY Date: Jan 10, 201E
Name: ott Gain
Title: D ector,
LM
Water Science Center
City of Fayetteville
A-(0-iEll
Name:
Title:
Name:
Title:
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Date:
O ti
USGS Technical Point of Contact
Customer Technical Point of Contact
Name:
William Baldwin
Name:
Lioneld Jordan
Little Rock Field Services Unit Chief
Mayor
Address:
401 Hardin Road
Address:
113 West Mountain Street
Telephone:
Little Rock, AR 72211
(501) 228-3602
Fayetteville, Arkansas 72701
Fax:
(501) 228-3601
Telephone:
Fax:
(479) 575-8330
Email:
bbaidwin@usgs.gov
Email:
mayor@ci.fayettevill.ar.us
USGS Billing Point of Contact
Customer Billing Point of Contact
Name:
Desvin Jones
Name:
Lioneld Jordan
Administrative Specialist
Mayor
Address:
3535 South Sherwood Forest Blvd.
Address:
113 West Mountain Street
Suite 120
Baton Rouge, LA 70816
Telephone:
Fayetteville, Arkansas 72701
(479) 575-8330
Telephone:
(225) 298-5481 Ext 3114
Fax:
Fax:
Email:
(225) 298-5490
ddiones@usgs.gov
Email:
mayor@ci.fayettevill.ar.us
U.S. Geological Survey
United States
Department of Interior
Si nature
w
BY Date: Jan 10, 201E
Name: ott Gain
Title: D ector,
LM
Water Science Center
City of Fayetteville
A-(0-iEll
Name:
Title:
Name:
Title:
4���trtiTlflll�r�r
Date:
O ti
RECEIVED
NoRTHWESTARKANsm
Democrat7rtgazettt
FEB 2 8 2018
CITY OF FAYETTEVLOFFIC
CITY CLERK'S OFFICE
E
Ordinance: 6033
File Number
U.S. GEOLOGICAL SURVEY
Ord. 6033
AGREEMENT:
AN ORDINANCE TO WAIVE THE
6
REQUIREMENTS OF FORMAL
continue this monitoring to provide more
COMPETITIVE BIDDING AND
accurate information regarding the
AUTHORIZE A JOINT FUNDING
pollutants leaving the City at these points;
and
AGREEMENT WITH THE U.S.
WHEREAS, the proposed 2018 program
GEOLOGICAL SURVEY FOR STREAM
AFFIDAVIT OF PUBLICATION
GAUGE OPERATION AND
MAINTENANCE AND WATER
the exception of the elimination of one
QUALITY SAMPLING AND
storm sample to account for a drop in
MONITORING AT VARIOUS
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
LOCATIONSTEE IN HE 018 WITH THE
Northwest Arkansas Democrat-Gazetterinted and In
AMOUNT PAID BY THE CITY NOT TO
p published
Washington County and Benton County, Arkansas, and of bona fide
EXCEED $61,721.00
WHEREAS, since 1998, the City of
circulation, that from my own personal knowledge and reference
Fayetteville has participated in a joint
funding agreement with the
to +11a fll-F;A tllo oa.,o,-t;,v.o,- + —r.
U.S. Geological Survey for the operation
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
stations to record data concerning rainfall
CITY OF FAYETTEVILLE
and runoff; and
WHEREAS, in 2015, the City modified its
Ord. 6033
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
Was inserted in the Regular Edition on:
pollutants leaving the City at these points;
and
WHEREAS, the proposed 2018 program
would remain unchanged from 2017 with
February 15, 2018
the exception of the elimination of one
storm sample to account for a drop in
available cooperative funding through the
Publication Char es: $ 139.10
g
USGS program; and
WHEREAS, the USGS, which purchased
and installed the monitoring equipment at
no cost to the City, provides these services
r
at a cost much lower than the City could
receive from any other provider.
NOW, THEREFORE, BE IT ORDAINED
Cathy Wiles
BY THE CITY CITY
OF AYETTEVILLE,ACOUNCIL ANSHE
Section 1: That the City Council of the City
of Fayetteville, Arkansas hereby determines
Subscribed and sworn to before me
an
exceptional situation exists in which
competitive bidding is deemed not feasible
This Le day of *Jb 2018.
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
Notary Public
and monitoring at various locations in the
City of Fayetteville in 2018 with the
My Commission Expires: z/121 4-1
amount paid by the City of Fayetteville not
to exceed $61,721.00.
PASSED and APPROVED on 2/6/2018
TAMMY RUSHER
Approved:
Lioneld Jordan, Mayor
Notary Public - Arkarsas
Attest:
Washington Ccur^4
Commission # 12703'20
Sondra E. Smith, City Clerk Treasurer
My Commissicr Expires Feb1'-, 2028
74426150 Feb. 15, 2018
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
