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HomeMy WebLinkAboutORDINANCE 6033STf fnr��rE 11 rr n �t'7Rn�r4 hh 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: 4���trtiTlflll�r�r 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.