HomeMy WebLinkAboutAgenda Report - April 19, 2017 C-13CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C45
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Agreement with
Central Valley Clean Water Association for Participation in the Toxicity Special
Study ($25,000)
MEETING DATE: April 19, 2017
PREPARED BY: Public Works Director
RECOMMENDED ACTION:
Adopt resolution authorizing City Manager to execute agreement
with Central Valley Clean Water Association for participation in the
Toxicity Special Study, in the amount of $25,000.
BACKGROUND INFORMATION: The Central Valley Clean Water Association (CVCWA) was formed
to represent the State and federal regulatory interests of wastewater
agencies in the Central Valley 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 perspective that
balances environmental and economic interests and to speak with a unified voice from its members and
partnering organizations. When necessary, CVCWA takes legislative and judicial steps to further its
purpose. The City of Lodi has participated in the CVCWA since 1987.
The State Water Resources Control Board (SWRCB) plans to release the final draft Toxicity Assessment
and Control Policy (Policy) this year, which proposes to modify the method for evaluating effluent toxicity
discharged from wastewater facilities. Toxicity testing involves observing the survival and reproduction of
the Ceriodaphnia dubia or fat head minnow in the final effluent. Currently, wastewater toxicity
exceedances result in further required testing that is often an exhausting, expensive, and many times
unsuccessful procedure which involves four separate toxicity confirmation tests. In Fiscal Year 2015/16,
the City's White Slough Water Pollution Control Facility was required to complete such testing due to a
toxicity exceedance at a cost of $33,203.
To address the cumbersome and sometimes ineffective toxicity testing procedures, SWRCB proposes to
utilize the Test of Significant Toxicity (TST) for toxicity evaluation. The TST is more streamlined and
straightforward than current procedures and in cooperation with SWRCB, CVCWA has agreed to conduct
this Toxicity Special Study (Study). The Study will evaluate chronic toxicity test results from various
Central Valley wastewater facilities to determine the potential adverse effects on receiving water aquatic
life. Through this process, the Study will to provide the information to State regulators so the Policy
effectively and appropriately addresses low-level toxicity issues in wastewater discharge permits.
The City's share of the Study is not -to -exceed $25,000, with $15,000 paid in July 2017 and the remaining
$10,000 paid in July 2018. If more agencies participate, the cost may be reduced. Staff recommends
participation in the collaborative study managed through CVCWA. The study results are expected to
support the more streamlined and cost effective TST evaluation procedure, potentially reducing the cost
of the future toxicity testing for the City of Lodi and other Central Valley wastewater treatment facilities.
APPROVED: irah .';k
phi, ''c wa1a • ty Manager
R:\GROUP\WWW\WHITESLO\CVCWA Low Level Toxicity Study\Council Documents\CC# CVCWA Low Toxicity 2017.doc
4/5/17
Adopt Resolution Authorizing City Manager to Execute Agreement with Central Valley Clean Water Association for Participation in the Toxicity Special Study
($25,000)
April 19, 2017
Page 2
FISCAL IMPACT: Revision of SWRCB Policy may result in potential cost savings if the City is
required to perform accelerated toxicity testing in the future.
FUNDING AVAILABLE: Wastewater Utility Fund (53053003)
Andrew Keys
Deputy City Manager/Internal Services Director
C`
Charles E. Swimley, Jr.
Public Works Director
Prepared by Kathryn E. Garcia, Compliance Engineer
CES/KMG/trb
Attachment
cc: Utilities Manager
R:\GROUP\WWW\WHITESLO\CVCWA Low Level Toxicity Study\Council Documents\CC# CVCWA Low Toxicity 2017 doc 4/5/17
Statement of Commitment to be part of the CVCWA Toxicity Special Study
The City of Lodi is committed to fund and participate in the CVCWA Toxicity Special Study, per the
participation rules for a Major Funding Agency as described in Exhibit D to the Contract for Toxicity
Special Study for Central Valley Wastewater Treatment Plants.
Signed: Date:
Stephen Schwabauer
City Manager
ATTEST: APPROVED AS TO FORM:
Jennifer M. Ferraiolo Janice D. Magdich
City Clerk City Attorney
Exhibit D
to the Agreement between the
Central Valley Clean Water Association and Larry Walker Associates, Inc.
SPECIAL PROVISIONS
A. PROJECT MANAGEMENT TEAM
1. The Project Management Team shall be up to three members of the CVCWA
Toxicity Special Study for Central Valley Wastewater Treatment Plants in good
standing, elected by majority of the Toxicity Special Study for Central Valley
Wastewater Treatment Plants Project Steering Committee Members.
2. The Project Management Team shall manage and coordinate performance of the
approved Scope of Work.
3. The Project Management Team 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 Management Team shall review and approve the invoices submitted
by CONSULTANT in excess of $1,000. A member of the Project Management
Team shall authorize CVCWA to release funds in payment of the invoices only if
sufficient funds are on deposit in the Special Project Account. The Executive
Officer is authorized to review and approve payment for invoices of $1000 or
less, but shall provide electronic copies of invoices to the Project Management
Team.
5. The Project Management Team shall review status of CVCWA's cost to
administer and participate in the Toxicity Special Study for Central Valley
Wastewater Treatment Plants and the transfer of funds to compensate CVCWA's
general fund for such efforts. Should discrepancies or concerns arise, the
Project Management Team will work with the CVCWA Executive Officer and
Board of Directors to resolve these issues.
6. Should any member of the Project Management Team no longer be able or
willing to fulfill the duties of a Project Manager, a new Project Manager shall be
elected to the Project Management Team if necessary. The Project Management
Team will always have at least two Project Managers.
B. FUNDING AGENCIES
1. Funding Agencies
a. Major Funding Agencies:
Exhibit D — Page 1
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 Funding Agencies shall be members of the
Toxicity Special Study for Central Valley Wastewater Treatment Plants and of
the Steering Committee, and shall have a vote as described in Sections C
and E below.
b. Minor Funding Agencies:
Other CVCWA member agencies and non-CVCWA members may be
interested in contributing to this effort, but not at the level of the Major
Funding Agencies. A Minor Funding Agency is a CVCWA member or non-
member agency that 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
may be shared with minor funding agencies at the discretion and as
authorized by the Steering Committee. Minor funding agencies will receive
access to final reports submitted to the Central Valley Regional Water Quality
Control Board.
c. POTWs outside of the Central Valley and Non-POTWs
In order to include and evaluate any non-CVCWA member or-non-POTW
entity's toxicity data as part of this study, a Major Funding Agency will need to
contribute additional amounts per the Special Project Contributions Table in
section B.2.a below. All Major Funding agencies outside of the Central Valley
must join by May 15, 2017, in order for their data to be considered. After this
date, toxicity data will only be considered by agreement of the CONSULTANT
and the Steering Committee and shall not impact the overall timeline of the
project. Inclusion of data will be limited to Freshwater Toxicity Species.
Participants in this category recognize that regulatory discussions that are
described in the scope of this project are limited to Central Valley Regional
Water Board Staff and Board members and State Water Board Staff and
Board members and will be focused on the interest of Central Valley POTWs.
d. Addition of Funding Agencies
Major and Minor Funding Agencies may join at any time. However, new Major
Funding Agencies will we required to contribute at the full contribution level
for their appropriate tier, to the current work in progress unless otherwise
approved by the Steering Committee, and to any additional costs to cover the
addition of their agency.
Contributions for new Major Funding Agencies which have change tiers after
the start of the project and will be required to contribute based on current
permitted flow. With additional Funding Agencies, the cost sharing formula for
1 Full payment of at least $5,000 must be received before an agency qualifies for Minor Funding Agency status.
Exhibit D — Page 2
Major Funding Agencies may be reapportioned to reflect the contribution of
the additional funding agencies.
2. Cost Sharing
a.
Contribution Levels
Special Projects Contribution Levels
Participant
Major - CVCWA POTW
Member
Major — CVCWA
Member (Associate)
POTW Outside Central
Valley or Non-POTWs
inside or outside the
Central Valley
Major
Facilities
(Permitted
ADWF >3
MGD)
$ 25K
$ 25K
Major - Non-CVCWA
Member but within
Central Valley
$ 25K
Major - Outside
Central Valley and
Non-POTWs
Minor
$ 25K
Minor
Facilities
(Permitted
ADWF <_ 3
MGD)
Flat Fee $
$ 15K
$ 15K
$ 15K
$ 15K
Additional Fee $
$ 1K
$ 2K
$5K
minimum
Dischargers with monthly
chronic toxicity testing $11,908
Dischargers with quarterly or
Tess chronic toxicity testing
$9,768
Cost equal to membership for
the duration of the Special
Project (estimate 1.5 years of
membership)
Dischargers with monthly
chronic toxicity testing $12K
Dischargers with quarterly or
Tess chronic toxicity testing
$9,800
A facilities Average Dry Weather Flow is based on the design permitted flow for dry
weather, not actual flow.
b. Payment Schedule
Unless otherwise arranged in advance, billing for this project is anticipated to
occur in two parts: March and July, 2017. Billing to steering committee
members and minor facility's is anticipated as such:
Exhibit D — Page 3
PAYMENT SCHEDULE
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Exhibit D — Page 5
Agencies joining after June 2017 will be required to pay the sum of the March
and July 2017 installments as a condition to join the Special Project.
Complete payments from the Funding Agencies must be made within 30 days
of receiving invoice.
c. Administrative Surcharge for Major Funding Agencies that are not Members
of CVCWA in Good Standing
The Flat Fees and additional fees in lieu of membership are intended to cover
costs by CVCWA that have and will be incurred by CVCWA both prior and
during this project. These contribution amounts shall be deposited in
CVCWA's general fund.
d. Maximum Payment to Consultant
The maximum payment to the CONSULTANT under this agreement shall not
exceed $299,872 unless approved by the Steering Committee pursuant to
section C and D of this exhibit. A portion of the participating agencies'
contributions, estimated at $30,000, will be set aside for CVCWA Executive
Officer and Administrative Services efforts towards this project as described
in paragraph e below. A portion may also be set aside by the Steering
Committee as a reserve for additional work efforts. Expenditures exceeding
$5,000 of the reserves will only be authorized by the Steering Committee.
Expenditures of the reserves but within budget may be authorized or Project
Leadership.
e. Reimbursement for CVCWA Executive Officer and Administrative Services
work toward this Special Project
As noted in paragraph d above, a portion of the contributions is being set
aside to reimburse CVCWA for CVCWA Executive Officer and Administrative
Services efforts towards this project. These contributions will be used to
offset CVCWA General Fund costs for CVCWA expenses to form, administer
and participate in the CVCWA Toxicity Study Special Project. The Executive
Officer will provide the Project Management Team a summary of monthly
hours worked and costs incurred by the Executive Officer and Administrative
Assistant toward this project when monies to cover these expenses are being
transferred from the Special Project to the General Fund. Cost will be based
on actual cost to CVCWA (compensation rates, expenses, etc.) The Project
Management Team will work with the CVCWA Board of Directors and the
Executive Officer to resolve any issues should any discrepancies arise.
This amount does not include the additional non-member amounts collected
as described in paragraph c above. Funds collected under this provision will
be transferred to CVCWA's General Fund to compensate CVCWA for
significant prior work on Toxicity and Toxicity Permitting Advocacy at the
State and Regional Water Board.
Additional Work Due to Addition of New Funding Agency
Exhibit D — Page 1
If additional work is added and approved by the Steering Committee due to
the addition of a new Major Funding Agency, the new Major Funding Agency
will be responsible for the additional contract and administrative costs, in
addition to its contribution as a Major Funding Agency. The Steering
Committee may refuse addition of new funding agencies if the additional work
could cause the project to be delayed or deadlines to be missed.
g. Withdrawal
i. Any Funding Agency may withdraw from the project by providing thirty
days written notice to the Project Management Team.
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 Toxicity
Special Study for Central Valley Wastewater Treatment Plants 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 by the Steering
Committee.
h. Reallocation of Costs
i. Table X above shows contributions to be split between two invoices:
March 2017 and July 2013. Contribution amounts were based on a limited
number of agencies participating. Should additional agencies choose to
participate, the amount of the July 2017 contribution will be adjusted so
that the target overall project budget of $330,000 will still be collected with
minimum overages, unless otherwise directed by the Steering Committee.
ii. At the conclusion of the work authorized by this agreement, any excess
funds shall be returned or credited to active Major Funding Agencies in the
following order:
Exhibit D — Page 2
a) Active Major Funding Agencies who contributed more than required in
their Contribution Level shown in B.2.a plus any additional cost share
approved by the Steering Committee or required due to Provision
B.2.g. above, will be credited or refunded the amount paid over their
stated Contribution Level amount;
b) The remaining excess funds will be credited to each active Major
Funding Agency in proportion to the amount each active Major Funding
Agency contributed minus any credit described in B.2.h.ii.a or cost due
to B.2.g.
Rather than have excess fund credits returned to a Major Funding
Agency, the Major Funding Agency may elect to have these funds credited
towards another CVCWA effort (such as dues, special projects, special
contributions, etc.) by notifying CVCWA of the request in writing.
iii. 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 Central
Valley Regional Water Board for participation in a collaborative CVCWA Toxicity
Special Study. Only at the full level of contribution will a Major Funding Agency
be credited by CVCWA as participating in this project with the Central Valley
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. Should other Regional Water Board allow participation in this
project as an option in its Toxicity Evaluation Study or Toxicity Reduction Plan,
CVCWA will provide notification to that Regional Water Board of participation
upon request and appropriate contact information.
CVCWA's notification is not intended to substitute for any progress or status
reports or compliance reporting. Each individual agency is responsible for these
requirements.
Exhibit D — Page 3
C. STEERING COMMITTEE
1. CONSULTANT will provide the services described in Exhibit A 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 or two alternates,
who will participate in Steering Committee meetings in the absence of the
principle representative. A Major Funding Agency may designate a non-
employee (consultant) to serve as its principle or alternate representative, solely
at its cost. However, the non-employee must agree in writing that materials and
discussions concerning this special project are proprietary and will not be used
for other projects or the benefit of other work. The Steering Committee may
waive this requirement on a case-by-case basis.
2. Each member of the Steering Committee shall have one vote.
3. A majority (greater than 20%) 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
or when less than 10% of steering committee members are present.
4. The Steering Committee shall:
a. Appoint a Project Management Team.
b. Accept and approve final work products prepared by CONSULTANT.
c. Define and authorize work on the tasks identified in Appendix A, or other
tasks as determined by the Project Management Team or Steering
Committee.
d. Approve revisions to 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 Project Management Team or Steering
Committee.
e. Make other determinations as appropriate and described herein.
E. DECISION MAKING
1. All Steering Committee members are encouraged to actively participate in this
Special Project.
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.
Exhibit D — Page 4
3. Steering Committee members will be required to review discussion draft and final
report materials shared with the Regulatory Workgroup. All final materials shall
have Steering Committee, and sometimes CVCWA Board approval prior to
submittal to the Regional Water Board.
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
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.
Exhibit D — Page 5
RESOLUTION NO. 2017-66
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH
CENTRAL VALLEY CLEAN WATER ASSOCIATION FOR
PARTICIPATION IN THE TOXICITY SPECIAL STUDY
WHEREAS, the Central Valley Clean Water Association represents the interests of
wastewater agencies in regulatory matters of which the City has participated in since 1987; and
WHEREAS, the revised policy expected to be released by the State Water Resources
Control Board would establish water quality objectives, if adopted, may also reduce the need for
Toxicity Identification Evaluation and Toxicity Reduction Evaluation due to low-level toxicity; and
WHEREAS, the City's share of the not -to -exceed cost for participation in the program is
$25,000; and
WHEREAS, staff recommends that the City Council authorize the City Manager to
execute the agreement with Central Valley Clean Water Association for participation in the
Toxicity Special Study, in the amount of $25,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute the agreement with Central Valley Clean Water
Association for participation in the Toxicity Special Study, in an amount not to exceed $25,000.
Dated: April 19, 2017
I hereby certify that Resolution No. 2017-66 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 19, 2017 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
NNIFER FERRAIOLO
ity Clerk
2017-66