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HomeMy WebLinkAbout4146 Resolution - Quad Cities - ILA - Columbia River Bacteria Mgnt Plan RESOLUTION NO. 4146 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT(ILA)WITH THE CITIES �F KENNEWICK,RICHLAND,AND WEST RICHLAND FOR THE DEVELOPMENT OF A REGIONAL ALGAL BLOOM MANAGEMENT AND RESPONSE PLAN. WHEREAS,the City together with Richland,Kennewick and West Richland were granted Washington State Surface Water Right Permit 54-30976 on September 15, 2003 (herein after "Permit"); and WHEREAS,the Parties use the Permit and other water rights to access the Columbia River for potable water supply. Richland, Kennewick and Pasco withdraw, treat, and deliver Columbia River water to their residents. West Richland purchases treated water provided by Richland for a substantial portion of its potable water supply; and WHEREAS,in 2021 harmful algal blooms were detected and monitored in the Columbia River; and WHEREAS, harmful algal blooms may release toxins that pose a risk to human health; and WHEREAS, harmful algal blooms and their associated toxins are an emerging risk to water utilities across the United States, but at present are not regulated by the United States Environmental Protection Agency or the Washington State Department of Health; and WHEREAS, it is prudent for the Parties to prepare plans to monitor and respond to the possible impairment of their potable water supplies by a harmful algal bloom; and WHEREAS, staff in Richland selected an engineering consultant and to negotiate a scope of work and budget for this work; and WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local governments such as the Parties to this Interlocal to contract for the joint conduct of activities which each of the Parties is individually authorized to perform. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON: Section 1. The purpose of this Interlocal Cooperation Ageement is to authorize a collabarative effort between the Parties to prepare a Algal Bloom Management and Response Plan, as described within Exhibit A attached hereto. Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said ILA on behalf of the City of Pasco. Resolution-Quad Cities ILA—Regional Algal Bloom Management and Response Plan- 1 PASSED by the City Council of the City of Pasco, Washington this 7�' day of February, 2022. � Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: �—'°�''`�.�C+1���-�� S� Debra Barham, CMC Kerr guson •, PLLC City Clerk City Attorney Resolution-Quad Cities ILA—Regional Algal Bloom Management and Response Plan-2 INTERLOCAL COOPERATION AGREEMENT Between Cities of Kennewick, Richland, Pasco and West Richland For Development of a Regional Algal Bloom Management and Response Plan THIS INTERLOCAL AGREEMENT ("Agreement") is entered into on this day of , 2022 by and between the City of Kennewick(hereinafter"Kennewick"), the City of Richland (hereinafter"Richland"), the City of Pasco (hereinafter"Pasco"), and the City of West Richland (hereinafter "West Richland"), all municipal corporations of the State of Washington (referred t�collectively as the"Parties"). This Agreement is made in conformance with and under the authority granted by RCW 39.34, the Interlocal Cooperation Act. I. Recitals WHEREAS, Richland, Kennewick, Pasco, and West Richland were granted Washington State Surface Water Right Permit S4-30976 on September 15, 2003 (hereinafter"Permit"); and WHEREAS, the Parties use the Permit and other water rights to access the Columbia River for potable water supply. Richland, Kennewick and Pasco withdraw, treat, and deliver Columbia River water to their residents. West Richland purchases treated water provided by Richland for a substantial portion of its potable water supply; and WHEREAS, in 2021 harmful algal blooms were detected and monitored in the Columbia River; and WHEREAS, harmful algal blooms may release toxins that pose a risk to human health; and WHEREAS, harmful algal blooms and their associated toxins are an emerging risk to water utilities across the United States, but at present are not regulated by the United States Environmental Protection Agency or the Washington State Department of Health; and WHEREAS, it is prudent for the Parties to prepare plans to monitor and respond to the possible impairment of their potable water supplies by a harmful algal bloom; and WHEREAS, staff in Richland selected an engineering consultant and to negotiate a scope of work and budget for this work; and WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local governments such as the Parties to this Interlocal to contract for the joint conduct of activities which each of the Parties is individually authorized to perform. NOW, THEREFORE, the Parties hereby agree as follows: 2022 Interlocal Cooperation Agreement—Quad-City Harmfu!Algal Bloom Management P/an Page 9 II. Agreement Section 1. Pur ose The purpose of this Interlocal Cooperation Agreement is to authorize a collaborative effort between the Parties to prepare an Algal Bloom Management and Response Plan. Section 2. Le�al Enti No separate legal or administrative entity is created upon execution of this Interlocal Cooperation Agreement. Section 3. Administration Richland shall award and administer the consultant agreement contemplated under this Interiocal Cooperation Agreement. The proposed consultant agreement is attached as Exhibit A. Section 4. Fundin4 and Contributions Consultant expenses shall be shared betwesn Richland, West Richland, Pasco and Kennewick. Richland, Kennewick, and Pasco shall contribute an amount equal to 2/7ths of the total consultant costs for this work. West Richland shall contribute an amount equal to 1R�' of the total consultant costs for this work. Richland shall issue invoices to West Richland, Pasco, and Kennewick for their respective share of the expenses. Invoices shall issue no more frequently than monthly. Scope and budget changes that increase the project budget may only be executed after written authorization from all four Parties. Section 5. Propertv No real or personal property shall be acquired as a consequence of the execution of this Interlocal Cooperation Agreement. The Parties shall own and receive at least one copy of the Quad-City Algal Bloom Management and Response Plan produced as a result of this Agreement. Section 6. Additional Resources Richland, Kennewick, Pasco,and West Richland will provide staff support to complete data requests, meeting and training attendance, and analysis reviews as needed to efficiently administer the plan preparation. Section 7. Duration This Agreement shall expire twelve months after the close-out of the consultant agreement. All obligations to pay the respective shares, to fund the plan update, shall survive termination of this Agreement. Section 8. Termination Notwithstanding the obligation to pay the respective shares surviving termination in Section 7 above, this Agreement may be partially terminated by a Party's written notice to the others, which notice shall be effective 30 days after last received. The remaining Parties may choose to provide a written modification to this Agreement or continue to operate under this agreement without the noticing Party. Section 9. Notices Written notice shall be directed to the parties as follows: 20221nterlocal Cooperation Agreement— Quad-City Harmful A/ga!Bloom Management Plan Page 2 City of Richland City of West Richland 625 Swift Boulevard, MS-26 3100 Belmont Blvd., Suite 102 Richland, WA 99352 West Richland, WA 99353 Attn: Public Works Director Attn: Public Works Director City of Kennewick City of Pasco 210 W. 6�'Avenue 525 N. 3"�Avenue Kennewick, WA 99336 Pasco, WA 99301 Attn: Public Works Director Attn: Public Works Director Section 10. Filinq Pursuant to RCW 39.34.040, this Agreement shall become effective upon filing with the Benton County Auditor or posting on each agency's website after it is fully executed by all Parties. Section 11. Modification This Agreement may be amended or modified only in writing, and only with the written consent of each undersigned party. Section 12. Severabilitv If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable as written, the remainder of this Agreement or the applications of the remainder of this Agreement shall not be affected. To this end, the terms and conditions of this Agreement are declared severable. Section 13. Jurisdicti�n &Venue Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute arising from this Agreement shall be in Benton County Superior Court. This Agreement shall be construed, and the legal relations between the Parties hereto shall be determined, in accordance with the laws of the State of Washington. Section 14. Waiver No waiver, by any Party hereto, of any terms or conditions of this Agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall the waiver of any breach be deemed or construed to constitute a waiver of any subsequent breach, whether of the same term or condition, or any other term or condition of this Agreement. [Signature Page to Follow] 2022 Inferloca/Cooperafion Agreement—Quad-City Harmfu!Algal Bloom Management Plan Page 3 ' IN WITNESS WHEREOF, the Parties have signed this Agreement as of the day and year written above. CITY OF RICHLAND CITY OF KENNEWICK Jon Amundson, City Manager Bill McKay, Mayor Attest : Attest: Jennifer Rogers, City Clerk Terri L. Wright, City Clerk Approved as to form: Approved as to form: Heather Kintzley, City Attorney Lisa Beaton, City Attorney CITY OF WEST RICHLAND CITY OF PASCO Brent Gerry, Mayor Dave Zabell, City Manager Attest: Attest: Stephanie Haug, City Clerk Debby Barham, City Clerk Approved as to Form: Approved as to Form: Bronson Brown, City Attorney Eric Ferguson, City Attorney 2022/nterloca!Cooperafion Agreement— Quad-City Harmful A/ga!Bloom Management P/an Page 4 E�HIBIT A Scope of Work City of Richland Algal Bloom Management and Response Plan January 2022 Background The City of Richland (City) retained RH2 Engineering, Inc., (RH2) to assist in the preparation of an Algal Bloom Management and Response Plan (Plan) for the Quad Cities (Richland, West Richland, Pasco and Kennewick, hereinafter "Cities") following the guidance of DOH's 331-654 Deoling with Algal 8looms: Time to Make a Plan and modeled after the Cyanotoxin Monitoring Plan developed by Eugene Water and Electric Board (EWEB). As part of the plan,the City would like RH2 to develop background materials that summarize what is known about cyanobacteria and cyanotoxins in the vicinity, how it impacts the vulnerability of the drinking water supplies for the four water purveyors and to document what is being done to monitor and predict algal blooms this upcoming season. The Washington State Department of Health (DOH) is preparing to do a baseline study in 2022 that includes monitoring raw water supplies at the Richland Intake for temperature, dissolved oxygen, pH, nutrients, chlorophyll, and phycocyanin. Benton-Franklin Health District (BFHD) will use an enzyme-linked immunosorbent assay (ELISA) laboratory procedure to test for microcystins and anatoxin-a. Testing will be done every two weeks and the Cities participants will collect the samples, deliver them to BFHD and pay for the laboratory efforts. The plan will also include a raw and finished water monitoring plan at the intakes and water treatment plants at Richland, Pasco, and Kennewick that describes sampling procedures, establishes a sampling schedule, identifies laboratories available, and describes how to use Hazen-Adams CyanoTOX spreadsheets to manage the bacteria and toxins present. DOH plans to obtain funding to support ELISA testing at King County in the event of a bloom and when the purveyors will need to operate and respond to the vulnerability depending upon the level of risk. The plan will also include a crisis communications and a joint and cooperative operational strategy for the Quad Cities that aligns with the health advisory level identified. Project Assumptions The following is a list of assumptions used in preparing this Scope of Work: • Cities ond Agency reviews wil! be performed and document requests fulfilled in a timely fashion. RH2 is not responsible for delays attributed to the performance of others. • RH2 wiI!perform the services outlined in this Scope of Work to the level of effort identified in the accompanying Fee Estimate. • Project submittals, contract documents, invoices, and materials wil!be transmitted between the project team and the G'ity via emarl. 1 1/12/20221:53:17 PM \\CORP.RH2.COM\PROJECTS\PROIECT�DATA\RIC\00-BUSDEV�2022 ALGAL BLOOM MANAGEMENT AND RESPONSE PLAN\CONTRACT�PSA_SOW_ALGAL BLOOM RESPONSE PLAN.DOqC City of Richland Exhibit A Algal Bloom Management and Response Plan Scope of Work • Al!RH2 deliverables will be provided to the Cities in electronic PDF. • Meetings are assumed to be virtual via Microsoft Teams. Task 1— Project Management Objective: Manage the RH2 project team, files, and records. Monitor the Scope of Work, schedule, and budget. Prepare and provide monthly invoices with progress reports documenting work completed. Communicate project progress with the City. Approach: 1.1 Provide direction, coordination, and oversight to the RH2 project team. 1.2 Document and retain information generated during the execution of the project. 1.3 Prepare monthly invoices and budget status summaries. RH2 Deliverables: • Schedule, scope, and budget administration and management. • Project team and resource management. • Monthly invoices with progress reporting (electronic copies via email). • Communication with the City. Task 2— Prepare Algal Bloom Management and Response Plan Objective: Prepare a management and response plan to mitigate bacteria and toxins in the City's source water to better protect City supplies. Approach: 2.1 Attend a kickoff ineeting with the Cities to review the history of the cyanobacteria detections in 2021, the impact on operations, and current treatment response. Kickoff meeting will esfablish points of contact for each of the C'ities for both review and data collection purposes. 2.2 Prepare background materials on cyanobacteria and cyanotoxins in Columbia River waters. 2.3 Describe the Health Advisory Levels (HAL) at which customers will be at risk and actions will be required in response to bacteria and toxins being present and match up with other Level 1 through Level 4 emergencies perthe Washington State Department of Health (DOH)guidelines. 2.4 Describe the vulnerability of the Cities water supplies to cyanobacteria and cyanotoxins and the water quality parameters that may indicate conditions suitable for algal blooms. 2.5 Review the six existing treatment processes at Richland (2), Pasco (2), and Kennewick (2) vulnerable to cyanobacteria and describe the strengths and weaknesses of each treatment plant for removing or eliminating cyanobacteria,algae,and cyanotoxins,and identify treatment adjustments in the event of a bloom. 2 1/12/2022 1:53:17 PM \\CORP.RH2.COM\PROJECTS\PROJECT�DATA\RIC�00-BUSDEV�2022 ALGAL BLOOM MANA6EMENT AND RESPONSE PLAN\CONTflACf�PSA_SOW_ALGAL BLOOM RESPONSE PLAN.DOCX City of Richland Exhibit A Algal Bloom Management and Response Plan Scope of Work 2.6 Describe potential capital improvements needed to optimize existing treatment and identify additional needs. 2.7 Meet with Cities to review and discuss the draft treatment response plan. Review Cities comments and finalize the treatment response plan. 2.8 Document the current multi-jurisdictional efforts and pilot studies being planned for source water observation and monitoring. Identify holes in the pilot study that are recommended by DOH's 331-654 Dealing with Algal Blooms: Time to Make a Plan, but are not currently being planned for implementation. Prepare a Cities-based supplement source water observations and monitoring plan. 2.9 Prepare a raw and finished water monitoring plan at the intakes and water treatment plants that describes sampling procedures, establishes a sampling schedule, identifies laboratories available, and describes how to use Hazen-Adams CyanoTOX spreadsheets to manage the bacteria and toxins present. 2.1Q Meet with Cities staff to review and discuss the monitoring plans. Review Cities comments and finalize the monitoring plans. 2.11 Prepare HAL-based public notice templates to use for customer communications. Meet with Cities staff to develop a draft communications plan for crisis management if a "do not drink" health advisory is required. Coordinate the management and communications plans with the other Cities approach to emergency response in order to provide coordinated responses to the public. Finalize plan based upon Cities comments. 2.12 Compile a final Algal Bloom Management and Response Plan. Append the Plan with contact lists, references, resources, and sampling and handling procedures. Assumptions: • The Plan will be modeled after Eugene Water and Electric Board's (EWEB) Cyanotoxin Monitoring Plan, which will be modified to be in compliance with DOH 331-654. • A kickoff and up to three review meetings wirh the Ciries are planned. Agendas and minutes wi/l be prepared and distributed electronically by RH2. Provided by Cities: • Description, list, or block diagram of existing water treatment processes. • As-built drawings of the treatment facilities site plan and mechanical layout. • List of monitoring locations for cyanobacteria bloom indicators. • EWEB Cyanotoxin Monitoring Plan. (Provided) RH2 Deliverables: • Draft treatment response plan with final included in overall Plan. 3 1/12/20221:53:17 PM \\CORP.RH2.COM\PflOJECTS\PROJECT�DATA\RIC\00-BUSDEN�2022 ALGAL BLOOM MANAGEMENT AND RESPONSE PLAN\CONTRACT�PSA_SOW_ALGAL BLOOM RESPONSE PLAN.DOq( City of Richland Exhibit A Algal Bloom Management and Response Plan Scope of Work • Draft Cities-based supplement source water observations and monitoring plan with final included in overall Plan. • Draft raw and finished water monitoring plan with final included in overall Plan. • HAL-based public notices to use for customer communications in Word format for copying onto Cities letterheads. • Draft communications plan with final included in overall Plan. • Draft and final Algal Bloom Management and Response Plan. Schedule It is anticipated that Task 2 will begin within two (2) weeks of a signed authorization and will require up to eight (8) weeks to complete a draft plan with an additional six (6j weeks to finalize the plan once Cities comments have been received. 4 1/12/2022 1:53:17 PM \\CORP.RH2.COM\PROJECTS\PROJECT�DATA\RIC\00-BUSDEV�2022 ALGAL BLOOM MANAGEMENT AND RESPONSE PLAN\CONTRACT�PSA_SOW_ALGAL BLOOM RESPONSE PLAN.DOCX EXHIBIT B Fee Estimate City of Richland Algal Bloom Management and Response Plan Jan-22 Desc�iption T�� Total Labor Total Expense Total Cost Hours Classification Task 1 Pro'ect Mana emeM 36 $ 7,586 $ 343 $ 7,929 Task Z Pre are AI al Bloom Mana ement and Res anse Plan 360 $ 66,390 $ 4119 $ 70,509 PROJECT TOTAL 396 $ 73,976 $ 4,462 $ 78,438 1\corp.rh2.comlprojedslProJeciWata\RIC100-BusDev12022 Algal Bloom Management end Response PIanlContracllPSA_FEE_Algal Bloom Response Plen 1/1212022 1:55 PM EXHIBIT C RH2 ENGINEERING, INC. 2022 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professionall $153 $/hr Professionalll $166 $/hr Professiona I I I I $182 $/h r ProfessionallV $198 $/hr ProfessionalV $210 $/hr ProfessionalVl $227 $/hr Professional VII $241 $/hr Professional VIII $252 $/hr ProfessionallX $252 $/hr Control Specialist I $138 $/hr Control Specialist II $149 $/hr Control Specialist III $164 $/hr Control S ecialist IV $180 $/hr Control Specialist V $190 $/hr Control Specialist VI $205 $/hr Control Specialist VII $218 $/hr Control S ecialist VIII $229 $/hr Technician I $114 $/hr Technician II $126 $/hr Technician III $144 $/hr Technician IV $155 $/hr Technician V $168 $/hr Technician VI $184 $/hr Technician VII $200 $/hr Technician VIII $209 $/hr Administrative I $76 $/hr Administrative II $89 $/hr Administrative 111 $105 $/hr Administrative IV $126 $/hr Administrative V $147 $/hr CAD/GIS System $27.50 $/hr CAD Plots-Half Size $2.50 price per plot CAD Plots-Full Size $10.00 price per plot CAD Plots-Large $25.00 price per plot Copies(bw)8.5"X 11" $0.09 rice er cop Copies(bw)8.5"X 14" $0.14 price per copy Co ies(bw)11"X 17" $0.20 rice er copy Copies(color)8.5"X 11" $0.90 price per copy Copies(color)8.5"X 14" $1.20 price per copy Copies(color) 11"X 17" $2.00 price per copy Technology Charge 2.50% %of Direct Labor price per mile Milea e $0.560 (or Current IRS Rate) Subconsultants 15% Cost+ Outside Services at cost Rates listed are adjusted annually.