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HomeMy WebLinkAbout173-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 173-21 File Number: 2021-0419 U.S. GEOLOGICAL SURVEY: A RESOLUTION TO APPROVE 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 2021 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 2021 program would remain unchanged from 2020; 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; and WHEREAS, pursuant to A.C.A. § 14-58-104 the City may renew or extend the term of an existing contract without soliciting bids. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Printed on 6/16)21 Resolution: 173-21 File Number. 2021-0419 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a joint funding agreement, a copy of which is attached to this Resolution 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 2021 with the amount to be paid by the City of Fayetteville not to exceed $61,721.00 PASSED and APPROVED on 6/15/2021 Attest: ERK."10j��.. �•v.•.•' GITy'•'�'� Kara Paxton, City Clerk Treasurer, l( FV - 0-7 E y •. glygAS Page 2 Printed on 6116121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0419 Agenda Date: 6/15/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 U.S. GEOLOGICAL SURVEY: A RESOLUTION TO APPROVE 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 2021 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 2021 program would remain unchanged from 2020; 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; and WHEREAS, pursuant to A.C.A. §14-58-104 the City may renew or extend the term of an existing contract without soliciting bids. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a joint funding agreement, a copy of which is attached to this Resolution 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 2021 with the amount to be paid by the City of Fayetteville not to exceed $61,721.00 City of Fayetteville, Arkansas Page 1 Printed on 611612021 City of Fayetteville Staff Review Form 2021-0419 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 5/24/2021 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of the 2021 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- 5314.00 Account Number 02097.1 and 10027.1001 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: 4470-Sales Tax Capital Improvement 5400- Water and Sewer Fund Stormwater Quality Management and Wastewater Treatment/Water Quality Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 299,091.00 $ 65,942.45 233,148.55 $ 61,721.00 171,427.55 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer DATE: May 24, 2021 CITY COUNCIL MEMO SUBJECT: Approval of the 2021 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 2021 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. The 2016 program was approved at the same funding levels and scope of work as 2015 and modified slightly in 2017 in order to stay within budget. DISCUSSION: The proposed program would remain relatively unchanged from 2020. 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 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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. Initial results indicate that the stream may meet the TMDL for base flow conditions, however, it much higher during storm events. The second station is located on Mud Creek near Greg Avenue and monitors a largely developed area that discharges into the Illinois River via Clear Creek. Clear Creek is currently on the impaired list for pathogens, however, has been found to meet water quality standards over the last few years. This gauge is in place to meet the sampling requirements in the Municipal Separate Storm Sewer (MS4) permit for discharge into an impaired waterway. 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 $13,000 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 in 2015 at no cost to the City. BUDGET/STAFF IMPACT: As stated the total cost of the program would be $74,721 with the USGS contributing $13,000 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 United States Department of the Interior U.S. GEOLOGICAL SURVEY Lower Mississippi -Gulf Water Science Center 640 Grassmere Park, Suite 100 Nashville, TN 37211 Mr. Lioneld Jordan Mayor City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Mr. Jordan: December 16, 2020 Enclosed are two signed originals of our standard joint -funding agreement for the project(s) Lower Mississippi -Gulf Water Science Center Water Resources Investigations, during the period January 1, 2021 through December 31, 2021 in the amount of $61,721 from your agency. U.S. Geological Survey contributions for this agreement are $13,000 for a combined total of $74,721. Please sign and return one fully -executed original to Desvin D. Jones, Budget Analyst at 3535 S. Sherwood Forest Blvd., Suite 120, Baton Rouge, LA 70816. Federal law requires that we have a signed agreement before we start or continue work. Please return the signed agreement by January 1, 2021. If, for any reason, the agreement cannot be signed and returned by the date shown above, please contact John Mays by phone number (501) 228-3678 or email jmays@usgs.gov to make alternative arrangements. 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(s), please contact Markeshia Watson at phone number (225) 298-5481 Ext 3106 or email at mwatson@usgs.gov. 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, Rodney Knight Director, Lower Mississippi Gulf -Water Science Center Enclosure 2 1 MLJFAARDA 15 0 (2) Form 9-1366 U.S. Department of the Interior Customer #: 6000000775 (May 2018) U.S. Geological Survey Agreement #: 21MUFAARDA150 Joint Funding Agreement Project #: ML009Z5 FOR TIN #: 71-6018462 Water Resource Investigations Fixed Cost Agreement YES[ X ] NO[ ] THIS AGREEMENT is entered into as of the January 1, 2021, 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 hererto agree that subject to the availability of appropriations and in accordance with their respective authroirites there shall be operation and maintenance of two streamgages and two continuous water-qulity meters, one on Mud Creek and one one Town Branch; sampling nine times for nutrients, major anions and suspended sediment, andbacteria at the streamgage on Mud Creek; and sampling nine times for nutrients, major anions and suspended sediment at the streamgage on Town Breanch. 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) $13,000 by the party of the first part during the period January 1, 2021 to December 31, 2021 (b) $61,721 by the party of the second part during the period January 1, 2021 to December 31, 2021 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 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. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science- practices). Form 9-1366 U.S. Department of the Interior Customer #: 6000000775 (May 2018) U.S. Geological Survey Agreement #: 21MUFAARDA150 Joint Funding Agreement Project #: ML009Z5 FOR TIN #: 71-6018462 Water Resource Investigations 9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. ti 3717) established by the U.S. Treasury. USGS Technical Point of Contact Customer Technical Point of Contact Name: John Mays Name: Lioneld Jordan Field Office Chief Mayor Address: 401 Hardin Road Address: 113 West Mountain Street Little Rock, AR 72211 Fayetteville, Arkansas 72701 Telephone: (501) 228-3678 Telephone: (479) 575-8330 Fax: (501)228-3601 Fax: Email: jmays@usgs.gov Email: mayor@ci.fayettevill.ar.us USGS Billing Point of Contact Customer Billing Point of Contact Name: Markeshia Watson Name: Lioneld Jordan Administrative Specialist Mayor Address: 3535 South Sherwood Forest Blvd. Address: 113 West Mountain Street Baton Rouge. LA 70816 Fayetteville, Arkansas 72701 Telephone: (225) 298-5481 Ext 3106 Telephone: (479) 575-8330 Fax: Fax: Email: mwatson@usgs.gov Email: mayor@ci.fayettevill.ar.us U.S. Geological Survey United States Department of Interior Signature By /lo Sir' Date: 12/16/2020 Name: Rod y Knight Title: Director, Lower Mississippi Gulf -Water Science Center AD: TEB City of Fayetteville ate: U .�,wItIIf.uy CLERK/! B Date: J pZ Y y ' Name: Kc-r6, G— Yf-Gr\ Title: L �� C �(� `[ i�CP By Date: Name: Title: