Loading...
HomeMy WebLinkAbout08-28-17 City Commission Packet Materials - C3. MOU with DNRC for Bozeman Creek Streamflow Gage Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Heaston, Senior Engineer Kyle Mehrens, Stormwater Program Coordinator Jessica Ahlstrom, Water Conservation Technician Craig Woolard, Public Works Director SUBJECT: Authorize the City Manager to sign a Memorandum of Understanding between the City of Bozeman and the Montana Department of Natural Resources and Conservation providing for the installation and maintenance of a real-time streamflow gage on Bozeman Creek. MEETING DATE: August 28, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign a Memorandum of Understanding between the City of Bozeman and the Montana Department of Natural Resources and Conservation providing for the installation and maintenance of a real-time streamflow gage on Bozeman Creek. BACKGROUND: Bozeman Creek (aka Sourdough Creek) despite being a crucial water supply source and the principal waterway within city limits, has little to no historical flow data available for it. A real- time streamflow gage on Bozeman Creek (proposed to be located on city owned property at Story Mill Park near the confluence with the East Gallatin River) will provide important data for the city’s long-range water supply planning, water conservation, floodplain, and stormwater management programs, particularly when complemented with the existing real-time DNRC gage on the Creek near the city’s water supply intake. Streamflow monitoring within city limits will provide data to support decision making and help evaluate effectiveness for the city’s water-related programs. The gage will have real-time functionality and make streamflow data instantaneously available through the state’s Surface Water Assessment and Monitoring Program (SWAMP) website. The attached Memorandum of Understanding outlines roles and responsibilities for the installation and maintenance of the real-time streamflow gage. The City will be responsible for reimbursing the cost of equipment, installation materials, and routine maintenance and the Montana Department of Natural Resources and Conservation will be responsible for specifying gage equipment compatible with its SWAMP program, gage installation, and covering its annual operating costs. The MOU will expire on June 30, 2023, but may be extended if agreed by the parties. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. 27 FISCAL EFFECTS: DNRC has obtained the attached quote from its equipment vendor detailing a total equipment price of $9,352.10. The total anticipated cost to the city, including costs to reimburse DNRC equipment, freight, and installation materials is $12,000. The FY17 budgets for the stormwater department and water conservation division will split the total cost equally (~$6,000 each). Adequate budget is available within the approved FY17 budgets for both divisions to cover the anticipated cost. Attachments: MOU between COB and DNRC Consent to Entry of Real Property Form Equipment Quote Report compiled on: August 21, 2017 28 MEMORANDUM OF UNDERSTANDING between CITY OF BOZEMAN and STATE OF MONTANA, DEPARTMENT OF NATURAL RESOURCES WATER RESOURCES DIVISION Whereas the Montana Department of Natural Resources (herein referred to as DNRC) is committed to obtaining water-quantity data in efforts to quantify and assess water supply and availability throughout the state. Whereas the City of Bozeman (herein referred to as the Collaborator) is committed to long-term monitoring of the flow of Bozeman Creek as it is a critical municipal water supply source, a receiving waterbody for municipal stormwater discharges, and contains a regulated floodplain mapped by the Federal Emergency Management Agency. Whereas the Collaborator uses and relies on water-quantity data collected and maintained by DNRC; and; Whereas DNRC has expertise in the installation and operation of stream flow monitoring equipment, and has interest in collecting long-term monitoring data for Bozeman Creek. Whereas the gage will be integrated into DNRC’s statewide real-time streamflow gaging program. These parties enter into this Memorandum of Understanding (MOU) effective on the date last executed below. The primary goal of the MOU is to install monitoring equipment and allow cooperative data collection to support DNRC and Collaborator programs, to improve data consistency between the parties, enhance data sharing, and to generally increase the efficiency of high quality, real-time data collection on Bozeman Creek. Activities under this MOU will be conducted under the terms and conditions set forth below: 1. Scope of Work. DNRC will provide staff support to specify, install, and maintain one (1) year round real-time streamflow gage on Bozeman Creek at a location mutually agreed by DNRC and Collaborator near the confluence with the East Gallatin River. The Collaborator will reimburse DNRC for the cost of purchasing real-time streamflow monitoring equipment specified by DNRC and will reimburse DNRC for materials and supplies needed to install the monitoring equipment. a. DNRC will specify the needed monitoring equipment to be compatible with its real- time streamflow gaging network and obtain quotes from the equipment vendor. b. The Collaborator will reimburse DNRC for the cost of purchasing the specified monitoring equipment upon a submittal of an invoice by DNRC to the Collaborator 29 containing paid receipts. c. The Collaborator will reimburse DNRC for its materials and supplies costs needed to initially install the monitoring equipment upon a submittal of an invoice by DNRC to the Collaborator containing paid receipts. d. The Collaborator will be responsible for covering any incidental costs related to the repair or replacement of the monitoring equipment as needed. DNRC will be responsible for coordinating with the Collaborator in advance of completing incidental repairs or replacements. The Collaborator will reimburse DNRC for its incidental costs upon a submittal of an invoice by DNRC to the Collaborator containing paid receipts. e. DNRC will provide staff to install and set up monitoring equipment, including travel. Installation may necessitate incidental trimming of understory vegetation in order to transport materials and equipment to the installation site, and to optimize a satellite signal to the gage site. Vegetative trimming will be agreed to by DNRC and the Collaborator, prior to undertaking trimming. f. DNRC will obtain approval for any required stream permits necessary to properly install and set up monitoring equipment. g. DNRC will conduct site visits on at least a quarterly basis (every three months) to maintain and inspect monitoring equipment. h. DNRC will process the gage data and upload the processed data to the Montana Surface Water Assessment and Monitoring Program (SWAMP) real-time website (http://data.mbmg.mtech.edu/mapper/mapper.asp?view=Swamp&) for access by Collaborator and the public. i. The Collaborator desires to collect selected real-time water quality data at the gaging site in the future by deploying a water quality data sonde. The Collaborator will coordinate the data sonde deployment with the DNRC to ensure component and site compatibility. DNRC agrees to integrate the real-time water quality sonde data into the overall data stream collected and transmitted by the monitoring equipment and make it publicly available on the SWAMP website. The Collaborator is solely responsible for the deployment, maintenance, and QA/QC of the water quality sonde data. The Collaborator will coordinate in advance any sonde-related activities with the DNRC. j. DNRC will maintain the Bozeman Creek gage to collect year-round data. Winter data collection (November-March) will likely be challenging. Winter data may not be available on a real-time basis due to these challenges and the Collaborator will be notified. DNRC hydrologist will process and qualify winter data in a timely manner. k. The DNRC and Collaborator agree to work jointly to obtain any easements or 30 agreements needed to install, access, maintain, or otherwise operate the monitoring equipment should the installation, access, maintenance or operation of the monitoring equipment necessitate the use of private property. 2. Agreement Period. This MOU will become effective beginning on the date last executed below. This agreement will expire on June 30, 2023, unless the parties agree in writing to extend or otherwise change the ending date. 3. Compensation. This is a cost share agreement between DNRC and the Collaborator. Each party shall cover their own costs to complete activities within the Scope of Work. 4. Liaisons. DNRC and Collaborator contacts for technical issues are: DNRC Name: Matt Norberg, Stream Gage Program Mgr Address: Montana DNRC 1424 9th Avenue Helena, Montana 59620-1601 Phone: 406 444-6041 Fax: 406 444-0533 Email: mnorberg@mt.gov Collaborator Name: Brian Heaston, PE Address: City of Bozeman Engineering Department 20 East Olive Street Bozeman, MT 59715 Phone: 406 582-2280 Fax: 406 582-2263 Email: bheaston@bozeman.net 5. Publication and Confidentiality. The parties each have the right to use and publish any and all data, information, conclusions and developments resulting from work conducted under this MOU. All data and information collected by DNRC pursuant to this MOU is public information. 6. Modification. This Agreement may not be modified or amended, except by written agreement signed by the parties hereto. 7. Governing Law. The validity, operation and performance of this Agreement shall be governed and controlled by the laws of the State of Montana, and the terms and conditions of this agreement shall be construed and interpreted in accordance with the laws of Montana. 8. Non-Discrimination, Legal Compliance And Indemnification. The parties agree to comply with all federal, State of Montana and local laws applicable to this Agreement, 31 including but not limited to all federal, state, and local non-discrimination laws, Montana public agency contract audit access requirements, and insurance. The Parties shall maintain reasonable records of its performance under this MOU. The Collaborator agrees that DNRC, the Montana Legislative Auditor, or the Montana Legislative Fiscal Analyst may audit all records, reports, and other documents which the Collaborator maintains under or in the course of this MOU to ensure compliance with this MOU. The DNRC agrees to allow the same access to the Collaborator’s auditors. Such records, reports, and other documents may be audited at any reasonable time. Each party to this MOU shall be responsible for any damages or injuries arising out of the conduct of activities governed by this MOU, only to the extent that such damages and/or injuries were caused by the negligent or wrongful acts or omissions of its employees, agents or officers. The DNRC shall not be liable for any accidents, property damage, or injuries that occur during the term of this agreement unless the accident, property damage or injuries are caused by direct action of the DNRC. The Collaborator shall not be liable for any accidents, property damage, or injuries that occur during the term of this agreement unless the accident, property damage or injuries are caused by direct action of the Collaborator. 9. Signatures. ______________________________________ _______________________________________ Date Date City Manager Administrator City of Bozeman Water Resources Division Montana DNRC 32 CONSENT TO ENTRY OF REAL PROPERTY for Parcel 9 of COS 2865, S06, T02S, R06E as located within and owned by City of Bozeman, Montana On this th day of August 2017, I, Mitch Overton [Director of Parks and Recreation - City of Bozeman], whose address is 121 N. Rouse Ave., Bozeman, MT 59715, having the authority to grant consent or to terminate consent for entry onto City of Bozeman park property, hereby consents to DNRC agency personnel or other persons related to the purpose of this consent to enter the above-described real property for DNRC’s convenience and benefit for training, education, maintenance or other reasonably related function necessary to operate or use the equipment installed for stream flow monitoring. Purpose: My consent for DNRC agency personnel to enter the above-described City of Bozeman property is limited to the purpose of installing stream flow gages and monitoring equipment, maintaining this equipment, stream surveying, removal of any equipment and entry to inspect or take measurements or readings or other reasonably related activity associated with the installed equipment and its functions or purposes for the convenience and benefit of the DNRC. In conjunction with the primary purpose for entry, the streambed or stream flow monitoring or recording equipment may be used for training or educational purposes. Consent to entry to the above-described City of Bozeman real property is not given beyond the stated purposes. Duration and Revocation: My consent may be revoked at any time by written notice sent by First Class Mail to DNRC at its office as specified by the contacts below. Revocation is effective upon receipt by DNRC of my revocation of consent. E-mail or Facsimile (Fax) shall be considered a form of written notice of revocation and DNRC shall acknowledge receipt of my email or Facsimile. An email or Fax constitutes an original document. Contact: Matthew A. Norberg Hydrologist-Stream Gage Program Manager DNRC Water Management Bureau 1424 9th Avenue PO Box 201601 Helena, MT 59620-1601 Office: (406) 444-6041 Email: mnorberg@mt.gov DNRC is authorized to re-enter the above-described City of Bozeman property at its earliest opportunity after notice of this revocation only for the purpose of removing all equipment DNRC has installed within the boundaries of this property. Once removed, the City of Bozeman does not authorize any re-entry for any purpose. Conditions: This consent is conditioned on entry to the above-described City of Bozeman land being used for the purposes stated herein and that any use of my consent to entry will be non-destructive and the condition of the land or fixtures such as gates will be as the agency personnel found them. DNRC agency personnel will confine themselves to only the land area necessary to accomplish the purpose of this consent to entry in crossing real property to and from the work site. Signed and executed on the date first entered above by: _______________________________________________ [Mitch Overton, Director of Parks and Recreation - City of Bozeman] 33 34 35