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
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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
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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
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19:42 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM #8A
JUNE 28, 2004
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/' 9428 Baym~adow:Road
lackaonvtlle, FC, 32236
(904) 73'7-2020 •Fax (904) 737-3221
Cow PerJOn,• RUTH CARR~1
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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:
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Subject:
~, Ntessag~: SLE ATTACHED DRAFT ENGAGEMENT LETTER. PLEASE REVIEW
AND ADVISE.
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i 19:42 904-247-6117 JAX BCH PUBLIC WORKS AGENDA ITEM #8A
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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.