HomeMy WebLinkAboutAgenda Report - May 16, 2012 C-08AGENDA ITEM COS
CITY OF LODI
COUNCIL COMMUNICATION
,M
AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Agreement with
Central Valley Clean Water Association for Participation in the Methylmercury
Special Project
MEETING DATE: May 16,2012
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute agreement
with Central Valley Clean Water Association for participation in the
methylmercury special project.
BACKGROUND INFORMATION: The Central Valley Clean Water Association (CVCWA) was formed
to represent the interests of wastewater agencies in the Central
Valley in regulatory matters and to support the exchange of
information so member agencies can best meet their business challenges. The intent of CVCWA is to
approach inland surface water discharge and land application regulatory matters with a perspectivethat
balances environmental and economic interests and to speak with a unified voice from its members and
partnering organizations. When necessary, CVCWAtakes legislative and judicial steps to further its
purpose. The City of Lodi has participated in the CVCWA since 1987.
Due to recent amendments to the Sacramento River and San Joaquin River Basin Plan, the State is
requiring facilities that discharge to the Delta to participate in the Delta Mercury Control Program. This
program is expected to involve two phases. Phase 1 is a control study and Phase 2 involves
implementation of methylmercury controls identified by the Phase 1 control studies. The Phase 1 program
allows for facilities to complete a control study on mercury and methylmercury, either independently or
through a collaborative study with other agencies. At this time, CVCWA is involved in the Delta Mercury
Control Program through the Methylmercury Special Project, which will collaborate efforts for the required
control study between 14 public agencies.
The City's share of the not -to -exceed cost for Phase 1 of the program (Control Study) is $45,000. Payments
will be made in five annual installments that range from $4,500 to $13,500, as reflected in Exhibit D to the
attached agreement. This cost is less than the projected cost for completing this study independently. Staff
therefore recommends participation in the collaborative control study managed through CVCWA.
FISCAL IMPACT: Non-compliance with this mandated program will result in administrative
fines from the State.
FUNDING AVAILABLE: Wastewater Utility Fund (170403): $45,000
Jordan Xyers
Deputy City Manager/Internal Services Director
Prepared by Kathryn E. Garcia, Compliance Engineer
FWS/KMG/pmf
cc: Deputy Public Works Director— Utilities
Compliance Engineer
APPROVED:
K:\W P\COU NC IL\2012\CVCWA.doc
x
F. Wally Sandelin
Public Works Director
Konradt Bartlam, City Manager
5/7/2012
Statement of Commitment to be part of the CVCWA Methylmercury Special Project
The City of Lodi is committed to fund and participate in the CVCWA Methylmercury Special Project, per
the participation rulesfor a Major FundingAgency as described in Exhibit Dto the Contractfor
Methylmercury TMDL Collaborative Studies for Wastewater Treatment Plants.
Signed:
Konradt Bartlam
City Manager
ATTEST:
Randi Johl
City Clerk
Date:
APPROVED AS TO FORM:
D. Stephen Schwabauer
City Attorney 0!��
Exhibit D
to the Agreement between
the Central Valley Clean Water Association and Larry Walker Associates
Mercury TMDL Collaborative Studiesfor Wastewater Treatment Plants
CVCWA Methylmercury Special Project
Special Provisions
A. PROJECT MANAGER
The Project Manager shall be a member of the CVCWA Methylmercury Special Project in
good standing, elected by majority of the Methylmercury Special Project Steering
Committee Members.
2. The Project Manager shall manage and coordinate performance of the approved Scope
of Work.
3. The Project Manager shall coordinate with the Funding Agencies regarding the need for
funds to be deposited with CVCWA in order to carry out the Scope of Work.
4. The Project Manager shall review and approve the invoices submitted by CONSULTANT.
The Project Manager shall authorize CVCWA to release funds in payment of the invoices
only if sufficient funds are on deposit in the Special Project Account.
5. Should the Project Manager no longer be able or willing to fulfill the duties of Project
Manager, a new Project Manager shall be elected.
B. FUNDING AGENCIES, COST SHARING. AND REGULATORY BENEFITS
1. FundingAgencies
Major Funding Agencies:
A Major Funding Agency is an agency which shares in the funding of this Special
Project in accordance with the cost sharing formula described in Section B.2.b
below. Major FundingAgencies shall be members of the Methylmercury Special
Project and of the Steering Committee, and shall have a vote as described in
Sections C and E below.
Exhibit D - Special Provisions Page 1
CVCWA Agreement with Larry Walker Associates
Mercury TAML Collaborative Studies for Wastewater Treatment Plants
b. Minor FundingAgencies:
Other CVCWA member agencies and non-CVCWA members may be interested in
contributing to this effort, but not at the level of the Major FundingAgencies. A
Minor Funding Agency is a CVCWA member or non-member agencythat contributes
$5,000 or more or towards this Special Project.' Minor funding agencies will not
receive regulatory credit towards this project as described below. Information
concerning this special project shared with minorfunding agencies will be at the
discretion and as authorized bythe Steering Committee.
C. Addition of FundingAgencies
Major and Minor FundingAgencies mayjoin at anytime. However, new Major
FundingAgencies will we required to contribute at the full contribution level
(including prior years payments) for their appropriate tier, to the current work in
progress unless otherwise approved by the Steering Committee. Contributions for
new Major Funding Agencies which have change tiers after the start of the project
will be required to contribute based on current permitted flow. With additional
FundingAgencies, the cost sharing formula for Major FundingAgencies may be
reapportioned to reflect the contribution of the additional funding agencies.
2. Cost Sharing
Tier Levels and Associated Contribution for Major FundingAgencies
The funding for this project is intended to be shared on a 5 -tiered basis, based on
permitted flow, among the Major FundingAgencies minus any other contributions
from Minor Funding Agencies. The funding for the Scope of Work will be provided by
the Major FundingAgencies under the following 5 -tiered system. Tiers are based on
the Funding Agency's permittedflow2:
1 Full payment of at least $5,000 must be received before an agency qualifies for Minor Funding Agency status.
2 Funding Agencies which change tiers during the scope of the contract will be billed at the tier level indicative of
the design flow on July I" of that fiscal year in which the billing is for (See section B of this exhibit below - Payment
Schedule).
ExhibitD - Special Provisions Page 2
CVCWAAgreement with Larry Walker Associates
Mercury TMDL Collaborative Studiesfor Wastewater TreatmentPlants
Tier Levels and Associated Contribution
b. Payment Schedule
The following payment schedule from the Funding Agencies is established for this
scope of work under the Methylmercury Special Project.
Exhibit D - Special Provisions Page 3
CVCWA Agreement with Larry Walker Associates
Mercury TMDL Collaborative Studiesfo r Wastewater TreatmentPlants
C. Administrative Surcharge for Major Funding Agencies that are not Members of
CVCWA in Good Standing
Major Funding Agencies who are not member agencies of CVCWA in good standing
shall contribute an additional five percent (5%) of their respective share to cover
contract administrative cost by CVCWA. This additional contribution shall be
deposited in CVCWA's general fund.
d. Maximum Paymentto Consultant
The maximum payment to the consultant under this agreement shall not exceed
$564,000, unless approved by the Steering Committee pursuant to section C and E
of this exhibit. A portion of the contributions will be set aside bythe Steering
Committee as a reserve for additional work efforts. Expenditures of the reserves will
only be authorized by the Steering Committee.
Project Cost Adjustment
The Major Funding Agencies acknowledge that the scope of this project carries some
uncertainty as to what will be acceptable to the Central Valley Regional Water Board
and the TAC for the collaborative control studies. The scope and budget of this
contract may be reevaluated after TAC input to address the TAC concerns. Payment
amounts for installments 4 & 5 may be adjusted based on TAC feedback and study
requirements.
f. First Portion of Phase 1Study
The Scope of this agreement is to provide services for a collaborative study to
understand mercury and methylmercury generation and control measures for
wastewater treatment plants. The scope of work is anticipated to cover
approximately the first half of the seven year period to develop control studies.
Based on the outcome of this work, future work may be desired. The scope and cost
sharing allocations do not account for this future work. Any future work will be
discussed and determined by the Steering Committee and may require a separate
contracting and cost sharing mechanism.
Exhibit D - Special Provisions Page 4
CVCWA Agreement with Larry Walker Associates
Mercury TMDL Collaborative Studies for Wastewater Treatment Plants
g. Major Funding Agencies and Contribution towards Scope
Major Funding Agencies and Associated Tiers and Contributions
City
of Brentwood
5.00
2
$21,000
City
of Davis
7.50
3
$45,000
City
of Lodi
8.5
3
$45,000
City
of Manteca
9.87
3
$45,000
City
of Rio Vistas
1 1.65
1
$10,000
City
of Roseville61
30.00
5
$95,000
City of Sacramentq 1.30 1 $10,000
of Stockton
City Of Tracy 10.80 ' 3 $45,000
City of Woodlond 10:4013 1 $45,000
Ironhouse Sanitary District
4.30
2
$21,000
Sacramento Reqional Countv
Sanitation District
181.00
5
a^r
QVU
UC Davis
3.60
2
$21,000
Citv of Yuba Citv
1 10.50
1 3
I $45,01
Deuel Vocational I nst.
0.62
1
$10,000
Town cf Discovery 6ay
2.10
1
$10,000
Mountain House Community Services
District
4.50
2
$21,000
h. Additional Work Due to Addition of New FundingAgency
If additional work is added and approved by the Steering Committee due to the
addition of a new Major FundingAgency, the new Major FundingAgency will be
responsible for the additional contract cost, in addition to its contribution as a Major
Funding Agency.
Withdrawal
i. Any FundingAgency may withdraw from the project by providing thirty days
written notice to the Project Manager.
3 The status of the treatment plants shown in red at this time is unknown.
4 Tier based on design flow on April 20, 2012
5 Includes Rio Vista Main and Northwest WWTPs
6 Includes Dry Creek and Pleasant Grove Wastewater Treatment Plants
Exhibit D - Special Provisions Page 5
CVCWA Agreement with Larry Walker Associates
Mercury TMDL Collaborative Studiesfor Wastewater TreatmentPlants
ii. A Funding Agency that withdraws shall be liable for that agency's share of the
funding that has been deposited and not entitled to a reimbursement.
iii. Upon withdrawal of any Funding Agency, the Steering Committee may revise the
cost-sharing amounts set forth above to reapportion the withdrawing agency's
contribution among the remaining agencies.
iv. Upon Withdrawal of any Funding Agency, CVCWA will notify the Regional Water
Board that the Agency is no longer participating in the CVCWA Methylmercury
Special Project as of the date of the withdrawal.
v. A Funding Agency that withdraws from the project will no longer have Steering
Committee privileges, including access to work products or discussions after the
date of withdrawal.
vi. Failure to contribute in per the payment schedule above is grounds for
withdrawal from this Special Project. CVCWA will provide written notice to a
Funding Agency whose payment is delinquent. The Funding Agency must
respond within 30 days or will be deemed as desiring withdrawal from the
Special Project. Final decisions regarding the status of Funding Agencies with
delinquent payments will be determined bythe Steering Committee.
Reallocation of Costs
i. At the conclusion of the work authorized by this agreement, any excess funds
shall be returned to active Major Funding Agencies in proportion to the amount
each Major Funding Agency contributed.
In the event that this Agreement is amended and results in increased costs,
Funding Agencies may elect to make additional contributions to support the
additional work. These additional contributions may be in the form of rolling
over any excess funds from prior phases of the project.
3. Regulatory Benefits
A major goal of this Special Project is to provide regulatory credit with the Regional
Water Board for participation in a collaborative study to control mercury and
methylmercury for wastewater treatment plants subject to the Delta Methylmercury
TMDL and future TMDLs in the Central Valley. Only at the full level of contribution will a
Major Funding Agency be credited by CVCWA as participating in this project with the
Regional Water Board. Minor Funding Agencies will not be credited by CVCWA as
participating in this collaborative study with the Regional Water Board. CVCWA will
notify the Regional Water Board in writing of the status of Major Funding Agencies.
Exhibit D - Special Provisions Page 6
CVCWA Agreement with Larry Walker Associates
Mercury TMDL Collaborative Studiesfor Wastewater Treatment Plants
C. STEERING COMMITTEE
1. CONSULTANT will provide the services described in Exhibit subject to direction from a
Steering Committee. The Steering Committee shall consist of one representative of
each of the Major Funding Agencies. Each Major Funding Agency shall designate one
principle representative and one alternate, who will participate in Steering Committee
meetings in the absence of the principle representative.
2. Each member of the Steering Committee shall have one vote.
3. A majority (greaterthan 50%) of the steering committee members must be represented
in person or by conference call to constitute a meeting quorum. Once a quorum is
established, the meeting may continue and business may proceed until the meeting is
closed by the majority of steering members present.
4. The Steering Committee shall:
Appoint a Project Manager.
b. Accept and approve final work products prepared by CONSULTANT.
C. Define and authorize work on the tasks identified in Appendix B, or other tasks as
determined by the Steering Committee.
d. Approve revisionsto the Scope of Services, project phases, schedule or project
budget within the limitations established between the CVCWA and Consultant. No
changes to the Scope of Services or budget shall be effective unless approved by the
Steering Committee.
Make other determinations as appropriate and described herein.
D. TECHNICAL SUPPORT COMMITTEE
A Technical Support Committee comprised of representatives from the Steering
Committee, CVCWA and/or Consultant may be established to provide technical
guidance and assistance in completing the work.
DECISION MAKING
1. All Steering Committee members are encouraged to actively participate in this Special
Project.
Exhibit D - Special Provisions Page 7
CVCWA Agreement with Larry Walker Associates
Mercury TMDL Collaborative Studiesfor Wastewater TreatmentPlants
2. At least a majority (greater than 50%) vote of the Steering Committee present either in
person or by conference call is required for action.
3. Steering Committee members will be required to review materials submitted to the
Regional Water Board and TAC. These materials shall have Steering Committee, and
sometimes CVCWA Board approval prior to submittal to the Regional Water Board or
the TAC.
F. OWNERSHIP OF WORK PRODUCTS
1. All technical data, reports, documents, or other work products of CONSULTANT
provided pursuant to the Scope of Services, shall become the property of the Major
Funding Agencies and CVCWA and shall be delivered to the Steering Committee upon
completion or request. CONSULTANT may retain copies for its files and internal use.
2. Release of the information directly derived from work performed or data obtained in
connection with services rendered under this Agreement must first be approved by the
Steering Committee or the CVCWA Board if the Steering Committee is no longer active.
No document prepared pursuant to this agreement shall be deemed final unless
approved by the Steering Committee.
G. RESPONSIBLITIES OF FUNDING AGENCIES
In order to provide for a cost-effective and collaborative process in completing this
agreement, Major Funding Agencies agree to the following in the timeframe requested
by the Steering Committee and/or Consultant and at the cost of the Funding Agency:
To provide data and other information necessaryto the project. Major Funding
Agencies agree to provide the data in the format requested (i.e. excel spreadsheet,
etc.).
b. To provide studies and other information concerning past and current control
studies for mercury and/or methylmercury.
To share results of control actions, including cost, pollution prevention efforts and
assessments, etc.
d. To notify the Steering Committee and Consultant of any operational, treatment
plant, disposal or collection system changes that could impact mercury or
methylmercury production or control.
e. To provide access to the Funding Agency's facilities, if needed.
Exhibit D - Special Provisions Page 8
CVCWA Agreement with Larry Walker Associates
Mercury TMDL Collaborative Studiesfor Wastewater Treatment Plants
f. To sample and provide high quality data? for constituents required by the Agency's
permit and or as needed for this study for the timeframe determined bythe Steering
Committee.
g. To actively participate in the Steering Committee meetings. If the primary steering
committee member is not available for a meeting, to have the alternate participate,
if possible, and to share information concerning meetings, decisions, and action
items within your Agency.
h. To provide timely review and input of documents.
To participate in the development of work products not covered by the scope of the
agreement, but where the Steering Committee deems a committee -developed work
product is desired.
2. Funding Agencies acknowledge that this agreement is not intended and will not fulfill all
requirements in the Delta Mercury TMDL. Additional cost to comply with the Delta
Methylmercury TMDL, future TMDLs and/or permit requirements will be the
responsibility of the Funding Agency. For example, compliance monitoring, pollution
prevention workplan development and implementation, exposure reduction
requirements and others requirements are not included in this scope.
For Mercury and Methylmercury, EPA Method 1669 should be used and samples analyzed using low level
detection methods
Exhibit D - Special Provisions Page 9
CVCWA Agreement with Larry Walker Associates
Mercury TMDL Collaborative Studies for Wastewater Treatment Plants
RESOLUTION NO. 2012-61
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING CITY MANAGER TO EXECUTE
AGREEMENT WITH CENTRAL VALLEY CLEAN
WATER ASSOCIATION FOR PARTICIPATION IN
METHYLMERCURY SPECIAL PROJECT
WHEREAS, since 1987, the City of Lodi has participated in the Central Valley
Clean Water Association (CVCWA), which was formed to represent the interests of
wastewater agencies in the Central Valley in regulatory matters and to support the
exchange of information so member agencies can best meet their business challenges;
and
WHEREAS, due to recent amendments to the Sacramento River and
San Joaquin River Basin Plan, the State is requiring facilities that discharge to the Delta
to participate in the Delta Mercury Control Program, and the program allows for facilities
to complete the mandatory control study on mercury and methylmercury either
independently or through a collaborative study with other agencies; and
WHEREAS, CVCWA is involved in the Delta Mercury Control Program through
the Methylmercury Special Project, which will collaborate efforts for the required control
study between 14 public agencies. The cost of participation for the City of Lodi for this
project is $45,000, which is less than the projected cost for completing this study
independently.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute an agreement with the Central Valley Clean
Water Association for participation in the Methylmercury Special Project.
Dated: May 16, 2012
I hereby certify that Resolution No. 2012-61 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 16, 2012, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
OHL
City Clerk
2012-61