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Item 8A AGENDA ITEM #8A JUNE 28, 2004 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Consultant Services to Represent the Beach Cities Regarding Total Maximum Daily Load (TMDL) for Nitrogen in the St. Johns River SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: June 21, 2004 BACKGROUND: The Department of Environmental Protection (DEP) recently enacted a Total Maximum Daily Load (TMDL) for nutrients (nitrogen) in the lower St. Johns River. A TMDL represents the total loading of a constituent in pounds that can be added to the river without causing impairment of the water body. DEP is now in the process of allocating nitrogen reduction requirements among point sources (outfalls) along the river, which could result in a requirement for the beach cities to upgrade their wastewater treatment processes, possibly costing millions of dollars. DEP has concerns that the beaches' effluent is causing problems in the area of the Dames Point Bridge due to tidal influences. In 1987, DEP required the 3 beach cities, which were discharging to the Intracoastal Waterway, to either reduce nutrients by upgrading the treatment plants or develop other options for their discharge. Consultants were hired, and the best option for the beach cities, as approved by DEP, EPA, and other agencies was to construct a combined force main to discharge the effluent at the mouth of the river. Because of the huge flows at this location, EPA noted that our effluent would have no adverse impact to the river and plant upgrades would not be needed. The beaches spent many millions of dollars and finished construction of the 10-mile combined effluent force main and individual pumping stations in 1987. The beach cities agree with the focus to improve the health of the river, and are committed to ~, doing our part. However, staff from all three cities have met and determined that engineering and legal assistance may be required to ensure the beaches are not unfairly burdened with a requirement that has already been fulfilled by relocating our outfall location. Jacksonville Beach has requested proposals from their continuing contract engineer, Applied Technology & Management for modeling work to determine the actual impact of the cities' effiuent on the river. This firm has several years experience working with DEP's very complex model for the TMDL for the Lower St. Johns River. The total cost of engineering is $76,000, of which Atlantic Beach's share (based on design plant flows) would be $34,200. Jacksonville Beach's City Attorney recommended the cities request a proposal from Lewis, Longman & Walker, a firm with extensive environmental experience. The estimated legal costs $88,000, with Atlantic Beach's share being $39,600. A 15% contingency is also requested. AGENDA ITEM #8A JUNE 28, 2004 BUDGET: Funds for work during the current fiscal year are available in the Sewer Fund in ~"" account number 410-5508-535-3100. This includes Atlantic Beach's share of Task 1 for the engineering contract in the amount of $5,625, and FY041ega1 work in the amount of $8,100 for Atlantic Beach.. Funds in the amount of $32,862 for engineering and $36,225 for legal fees '"~ (which includes the 15% contingency) will need to be included in the FY05 budget. RECOMMENDATION: Authorize the City Manager to sign the Letter of Agreement and Cooperation Between the 3 Beach Cities on the FDEP Total Maximum Daily Load (TMDL) Issue. ATTACHMENTS: 1. Letter of Agreement and Cooperation Between the 3 Beach Cities on the FDEP Total Maximum Daily Load (TMDL) Issue. ,,,. 2. Proposal from Applied Technology & Management 3. Proposal from Lewis, Longman and Walker, P.A., Attorneys at Law REVIEWED BY CITY MANAGER: ~• AGENDA ITEM #8A JUNE 28, 2004 '"` LETTER OF AGREEMENT AND COOPERATION BETWEEN THE 3 BEACH CITIES On the FDEP Total Maximum Daily Load (TMDL) Issue ~'" It is agreed that 1) a law firm with environmental experience be retained to represent the Beach Cities concerning the TMDL reduction allocation issue, and 2) an environmental engineering firm be retained to run scenario evaluations with the complex computer-modeling suite to determine the impact of the ~"' Beach Cities' combined outfall effluent on river water quality. Jacksonville Beach agrees to administer the consulting work on behalf of the 3 Beach Cities. The u. Jacksonville Beach City Manager or his designated representative, the Jacksonville Beach Public Works Director, will administer the consultant agreements for this cooperative effort. ~, Jacksonville Beach has a continuing engineering service contract with Applied Technology & Management (ATM). ATMprovides expert environmental, water resources, and coastal engineering & science services. This firm has excellent experience over the past three (3) years utilizing and verifying ~ this particular computer-modeling suite developed by the Saint Johns River Water Management District. The Jacksonville Beach City Attorney recommends retaining the services of Lewis, Longman, and Walker, P.A., Attorneys at Law, to represent the Beach Cities on the TMDL issue. The firm of Lewis, ~' Longman, and Walker has a great deal of experience in Environmental and Land Use Law. This firm and ATM have worked together in the past and have an excellent relationship. ~!' The consultant costs are to be shared in the same manner as done for the Outfall Effluent Copper Modeling & Mixing Zone Study. Consultant invoices for completed work will be processed by Jacksonville Beach, with Neptune Beach and Atlantic Beach reimbursing Jacksonville Beach. The ~" estimated consultant costs are shown below with the cost sharing percentages. (Copies of consultant agreements /proposals are available separately.) +~. Treatment Plant Location Design Flow % Total Engineer Firm Law Firm TOTALS** (MGD) Design Flow Estimated Cost* Estimated Costs* Jacksonville Beach (1 plant) 4.5 41.3% $31,388 $36,344 $67,732 Neptune Beach (1 plant) 1.5 13.7% $10,412 $12,056 $22,468 Atlantic Beach (2 plants) 4.9 45% $34,200 $39,600 $73,800 TOTALS 10.9 100% $76,000 $88,000 $164,000 * Contractual arrangements with each firm will be separate. A 15% contingency is also recommended. * * For FY2004 (thru September 40, 2004), Neptune Beach and Atlantic Beach will be responsible for their percentages of the TOTAL Estimated Costs up to $12,500 for the Engineer Firm and $18,000 for the Law Firm. Neptune Beach and Atlantic Beach will be responsible for their percentages of the remaining TOTAL Estimated Costs plus a 15% contingency during FY 2005 (October 1, 2004, through September 30, 2005). AGREED: Jim Hanson, City Manager City of Atlantic Beach Date: Jim Jarboe, City Manager City of Neptune Beach Date: .; George Forbes, City Manager City of Jacksonville Beach Date: ~. 04/14/1999 16:59 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM #8A JUNE 28, 2004 ,A~'PLiED T~CHNOLgGY A~TD MANA.GBMENT PROPOSAL FOR CONSUL'T'rNG SERVICES BEACH COMMUNITY COMBINED EFFLUENT TMDL MODELYN'G AND EVALUATION SUBMITTED TO: A~rt.nNTlc Bfinc.N NE~xvN~ BEncx J11,CT~SONVILLfi Bfinc.H ~~~ ~ o, zooa ~. 84/14/1999 16:59 964-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM#8A JUNE 28, 2004 PROpOS,~.L FOR CONSULTING SERVICES TMDZ, MbDELING ANb EVALUA.T'£t7N IIVTRODUCI'IO~T The three coastal communities in Jacksonville shale a common was+te'arstex outfall that releases into the St: Johns Ri~cr near its inoersectjott with the Intracoastal Waterway, about 2.5 txtilcs upsttcam of the ~, river's occau tcm~inus. A recestt TMbL developed fox tht Lower St. Jolzrzs River performed by the SJRWMD set a specific loading reductiota criteria for Tot$1 Nitrogtn in the marine portioza of the fiver. Subsequrnt to the TMDL beitag adopted by the PREP, the inixial proposed allocation of Total Nitrogen w tcducriozas vadicatcs that Beaches connuzux-atics may be expected to dcctcase their combined efQutnt Total Nitrogen load to the raver by 30% to comply with the TMDL This proposal seeks to evaluate the findia~gs of the TMDL to deteza:aiaae the specific impacts of the efQuetat vn the water quality .in the river and to relate chose impacts to other sources in the area. Tine assesszncnt will also include the px'eclictcd impacts of the e££luerat alt tht dissolved oxygen (D.O.) sag in tine river upstream of the outfav, around the Fulton Gut/Daoxes Point area. This area has beat motcd in the TM1JL documcntxdon as a point of cotaccrn. The followung scopt of services outlines ata approach m evaluate the act<,al itzapact of the combined discharge, as indicated by the PREP acccptod modelir~ t+uit~ on the marine sectiota of [he St. Johns River. This proposal is based ota cotavctsations with Mz. Tb F.dwarcis, P.$. and knowledge gaited during three years of naotzitoting and evaluating the Lowet St, Johns River TMDL dcvcloptncnt. This scope of work is pxeliminarp and cats be modified as needed tv z~acct specific requirements of the beaches communities. APPROACH Applied 'T'echnology & Management, fie, (ATM) has been worlgng with various stakeholders ~ througltout the lower basin for over three years to assure that the T141DL was developed using the best science in an appropriate oeaziaer. 'T'hese ef&+rts entailed reviewing in detzul all three carcaplca components of tkae T'~IDL nnodcIing effort ~ fiPTaC hydrodynamic modeling, PI.SM eatcmal load modeling, sad CI3-QUAL-ICM watex quality modeling. Pnc~ 2 np 5 04/14/1999 16:59 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM #8A JUNE 28, 2004 As part of our review work and iatcractio~tu with the SjRWMD and FDEP, we have monitored their model cabbzations thro~•gh dxe process of utili~it~g this znodel'azg suite ost our computer cquiptxacnt to lasute repcatabili2y and accuracy. Tlec latest asodifications m tltese models rsueain loaded on our computers and we curcentty have the capability >p ptrfocm scenario evaluations with minimal ramp-up tome. To evaluate the eatc~at grad impacts of the eombint rrcated wasttwate~ discharge, we propose to perforxet the three tasks listed bdvw. Completion o£ these tasks will pravidc Che beach communities with detailed information regarding tht impact of the combined discharge oa the river with respect to Chlorophyll-a (Chl-a) and D.O. abd help define a worse of action that can be used to justify an altcmative TMDL allocation approach tp the FDfip. Close coordinaavn betwceri the agencies ated the beaches communities wiII be a nxessity to assure that all patties ate aware of efforts being maadc to zevise and zefcue the proposed x~DL allocation. 'I'o help facilitate this coordination, ATM will meet with the Heactt Comrnuunities on a montbJ,y basis to provide updates sad it<sigtst inm flee preliaunary findings of the proposed tasks. We will also commit to attend tht monthly TMDL Stsktholdcr and TMDL Executive Committee wettings throughout this pmcese to present zd.,fartnadort a3 needed sad remain cubtent with the ongoiteg evolution of flee ~L allocation. TASH 1 -- CIRCULATION AND TRANSPORT ATM will use the ealibraaed EFDC hydrodynamic model appIcadon developed by the SJRWMU for the TMDL to isolate the transport sad fart of the combined effiueat. The coral extt~tt and concentxacioa o£ the e£~4uertt pluvae wAl be tviluated to dctemnine cvhethez it ever reached tlae Fulton Cat/Dames point area sad if aq at what conce»trat3on sad ut~dcr .abet ovr~ditions. Thi3 i3 a rrladvely simple application and don not involve the full watrr quality model. A conservative tracer will be utilized within EFDC to Crack the disteibution and concmttation of the cEflucnt wcr time. The average ued maximum conceimations (or constituent dilutrnns) in the Fulton Gut/Iaazaes Point axes e+ill be dcterAUitacd and compared to rho critical A.O. sags that the agendas art attempting to allcviau through implemenration of the TMDL. PAGE 3 OF 5 04/14/1999 16:59 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITE1bI #8A JUNE 28, 2004 TASK 2 -TOTAL NITROGEN AND HOD ~ If there is an indication that the cotabitaod effluent reaches the Fulton Cut/Dames Point area ita a suffidcnt concetatratioa and at appropriate times bo warrant further study the hall, calibrated hydraiynamics, cxrerraal load, and orate: quality anodel system used to establish t#xe TMAI. will, be used ~"'" to evaluate the impacts of the effluent Ttae modal system will be uscci to flack the Total Nittvgoa and the BOD for the outfall and to isolate the specific influence o£the e£flue,nt is the river. The magnitude of the Taal Nittoget~ and BOD signals iut relatioxr to other sources itt the river will also be evaluated. TASK 3 -- D.O. AND D.O. DEPICIT ANALYSIS The fatal task is to determitae the specific impact of the combined efllues~t od the D.O, iz~ the fiver in gencml and the D.O, nag in the Fulton Cut/Dames Port area is particular. The results of the Task 2 modeling will be usod to determnne tlac specific inklueaxce o£ tb~e effluent ou Gkal-a and subsequently, the D.O, is the river in terms of the D.O. deficit C.o. tl;ae additioaxal D.n, lOS6 un the raver due to the pardculat ef;}],ueHt source). The ev~lualioa will be done by comparing two scenarios, one with and one ~,. without the combined effluent. The results will also be e:valetated spe:cifieally in the area of the zaoted D,O, eag. TASK 4 -REPORT PREPARATION A dcscriptipn of cacti of the modrliag tasks, assumptions made, analysis results, and conclusions ~ will be documented and ituludctl iza a final trpott, The report will also include quantitative sad qualitative graphical example to support the conclusions presented. ATM will assist in me;edngs with the FDfiP and SJADVI~ID as necessary to present the resuitt of this modeling and evaluation cff'ott. Pnr:s 4 nt= 5 t: 04/14/1999 16:59 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM #8A JUNE 28, 2004 P* PRpPESSIONAL FEE $STZII~ATS SlJMMARY Task 5copo Elctacttt Estimated Pees 1 Cirealatioa and Trauap~ut $12,500 2 Total Nitrn~em and BOD $24,500 3 D.(), aad 1a.0. DeSdt Aaatyaia $26,000 4 Reba Prepsrntion $13,500 Total fees Not eo Exceed $76,500 PA<i$ $ OF S aar 19:42 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM #8A JUNE 28, 2004 !~"'' ~~-'IO+a '1b;Sl NKUI'1-LCW1S LOrigO'iSil wfl1KCC day-r~[-'aGG1 I~OSL rb i~ 1 ,, ~11V~!~~ p.A. L~w~s, LoN ~ ~~ ATTORNEYS AT LAH1 "Hcl~~ng S1,Q~a Flortda'~ Futuroud~ gRENNA M. DURDBN, Sui~Yta b~ /' 9428 Baym~adow:Road lackaonvtlle, FC, 32236 (904) 73'7-2020 •Fax (904) 737-3221 Cow PerJOn,• RUTH CARR~1 ~r ,~rn~av [~dV~Yt S~,ET CheadMt~er No. 9T5-002 Pa~cs: Dau: Juna) ~, 2004 Q•~o. of pew. sncl+~a+~ > To: WILLIAM T. `TY" EDWARDS~ T'olecopy Numbez: Z47-lS117 TeleCOpy Nunnbc.~: Telacopy Numbtr: Telecopy Numb~or: c• Subject: ~, Ntessag~: SLE ATTACHED DRAFT ENGAGEMENT LETTER. PLEASE REVIEW AND ADVISE. ~ 'i}iE @IFORMA470N CON'fAaVED W'C~S'18L8CflP'1f 1NS9Ap$~ ATTOJtNBY/CL18NT p(tYVCt•8(iBD AND v0I1PIDBrlT1AC. MPORMAT(ON IN[@AIDBD O?JLY FOA i~ USA OR t~ ZiDIVIDUAL OR ffiVZlTY P(A2~SED ABOVE ~'IF1E READER OP 47~IL1 ~A[E;13 NOS' THB QdCENDEb RPL1PfEKf, YOI: ARE MERRY NpTIFOrU TlrAT AAIY Dl38a1~i~lATWN, Dt~lRIBUTION OA CcxYWO OP Tf{[S OO~CMICA7TON 1S STItIC'iLY l1tOH1lRED. Q~ YOU TO1L,'S AT't1N~ A1i0VIPl-VIA'I7$d P03T VICE. AMC YYOU, Y N071fAY W iY 'RC~iO1~TK A?ID Rk's'C7RN'T'lOt ORY0INAL -t~SS~Os ~ 1f pro6lm*u .alt- ~aociilon occur, oll (90~) 71T-2020- IAC.K30NVII.i.B (!bt) d/GAt20 -'WY=7' PALM tHAdi ~w ~• i 19:42 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM #8A i jig- ,uti la:ol cnwi-Lpw~~ Lu:v~u,ai, walnei ar~-.-r~r-~~c.~ ~ ~~~ ~ ~ JUNE 28, 2004 ~` RtpjyTa; l~1CKSONVItlt; June 15, 2004 VIA FACSYMILE -x47-6117 p ~ AFB' Willis<tn T. '7y" 1:rdwnrQs, P.E. Director of Public Wanks City of JACksonville Beach 1460-A Sheucr Avrnua, 2A° Floor Jack$oavillc)3oach, PL 32250 RB; Legal RepreBentation of ThreC Boesch Cities - T1vIDL Requirttneats ±~ Dear Mr. Edwards; On behalf of the law firm of Lewis, Longman & 'GValker, P.A., thank you for the ~ opportunity to worst with you artd your consultants on the above rcfcrtraced tu3ttor. 2'he following represents the toms and conditions of reprraantzrtion by tht ~tm oa Chia matter. 1, $~,ti Lewis, Longman & Walkar, P,A. will provide ad~rice and rcpreaeuucion to the City of JackaonviAc $ceCh, Clty of Neptune Beach, and City of Atiandc Beach, regarding the establishment of new outfall requirements associated with TIV~Ls for the St. Johns River for the Beaafi Cities' eombincd sewage trtatmeat facility. Wayne Plowtrs and I will bo the sharehaldett+ in charge of this mattes and will be primarily responsible for providing and auporviaing ~o legAl services required We will be rt;apotltsible for ensuring that this matter is staffed is a manner edegaate and appropriate to rho requirdnont_s of the representation. At this tithe, I anticipate that Melissa Gross Arnold and Maggie Mooney, Assoslates in our Firm, will be '"' involved in this matter. We will use our butt judgment to detarmine the ansount of timo, who is to perfo~tm apeaifia tasks and work. ~d the nature of the sorvioea to bo pttformeci in your best interosts. 2. Professional Fees. Wayne attd I will be the primary attorntys worlGng vn this matter. Out eovettunental rate is $195.00 an hour. In addition, we may aaoign work to other auorneya or paralegals vVithin the office, dcponding upon who can best d4 the wank in the moat eftlcieat manner, The hourly rate far Asaoeiate enorneys ranges from 5160.00 to $180,00 per hour. Thsas rates will be in effect through beeember 2004 and will bt modified annually thereafter in January of each subsequent year. 'Wt will provide you with cur new rates along with the Ptrm's statement of aervioea rrondercd in January of each year. 3. )astim9tcd P'ccs, At your request, we have estimated fool through Septrmber 30, 2004, to be in the range of $12,000 to $18,000, turd 'far the twelve (12) months thereafter '"~ (October 1, 2004 -September 30, 2005) to be is the range of $40,000 to $70,000, Aa you might imabine, it is quite diffkult to deteemine any such amounts. paimarily because this type of projxt is aigaificantly impactad by issues and actions arising from third patties, 19:42 904-247-6117 l' y.. V7 J{J i ..}L ~'j l~/l! IaGW ~.! 1+U/1",J' lllGil NQ1Il Cif JAX BCH PUBLIC WORKS AGENDA ITEM #8A JAY ~ ,yLy1 ,,,~ , ~,~ JUNE 28, 2004 DRAFT tune 15, 20Q4 Page 2 q s p,~ ~ The firm charges for costs and axpcnscs incurred on your behalf for this rcprcaantation, Attachment 1 seta forth the rnoet commonly incurred coats and exponsca. '9V'e may advance theso coos and apck reimbursement !n our billings or we may at our discretion require you to deposit thexe costs with us before the costs arc incurred. g, Bit Tree and Paytt~nt. We wiI! blll you on a monthly basis far professional tervicas rcudered and gtpertsesa incurred in connoction with this matter. You agree to Pgy ~~ amount of oath statensent in full within twonry (20) days of the billing date. should you question or dispute any items or any atsoetnent, yov agrcd to notify us in writing of any such question or dispute within fiftun (1~ days of the billing date, and we will assume you do not have any dispt3t4 if we do not hear from you in that tutu. 6 P~Ii~I. Yn the event 8tty suit or active is brought to enforce the prnviaions of this ~""' Agresmeat, the prevailing party shall bd entitled to an award of ress.+onable aaomeys' tees and cosu inCttn~d in such proceedings, including appeals. ,~„ We sincerely tank you for choosing our hrm to assist you in this most important matter. If you agree v~ith the forcgving terms attd conditions, plcaso sign itt the space provided at the bottom of the letter, return the original to me and retain a copy for your records. On behalf of the Firm. Y look Forward to assisting you in this matter. Sincerely, $rcnna M. Durcien ACCgPTBD BY': CCT'i' OF JACKSONVII.Lr>!; BEAC]flr By: 'lYAer Date r ew • ~ 19:42 964-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM #8A ~ -o~c r~uy, JUNE 28, 2004 ', ~" ~-'15-` ~d4 lti,:i'L EliUr'1-Lewis LonB~n wellter yb'i-(3!-~LLl June 15, 2004 Page 3 .. . ATT~iCHI'~ENT: ~.~ . ' . ~ .. CosUExpen~e TYPict~l Charges Computer Research ~ Actw~l usage + proportioaata share of base subscription. Court Reporters bircct invoice from vendor to cliant or paid from retainer. zkli~ay Chargas Acwal amount invoiced to firm. Mode of delivery based on aced sad economy. Mr~senger Service Acwal amount invotced to the ire, Overnight Express Actual amount in~oictci to the Pirm. Taloftcsimilc Outgvinf: Actual ulephone charge + Sl,?5/page. IncvminE: No chazge Photocopying Insido copios: 50,201pagc Outside servicas: Actual amount invoiced to firm. Sccratarial Overtim+o No charga Telophoao Chsrges Actual long distance and cellular charges + proportionate sham of base subscriptions, Temporary Help Actual amount invoiced to the irm. 'Crave!-L.ocai/Surface Reasonable mileage or actual rental charges. Travel•Out-oY Town Intrastate: Actual common carrier chuges for coach. Intezatatt: Ac~al common carrier ohargES For business class. ~ w T~ ~ race seaeonal + ~ Meala/Axommodstiona: I,owesi ~~~~ corporate availably, reasonable business related meal expensas. Word proccssin No char e Othez Expanses Acwal cost invoiced to the firm. In selr~cted taus, these item9 rAay be directly invoioed from vendor to client.