City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01166 3/7/2023 Consent Item 11.
Agreement: Disposal of Drinking Water Treatment Residual Solids [2/3 Vote Required] File ID: 2022-01166
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to:
1) suspend competitive bidding, in the best interests of the City, for the disposal of drinking water treatment plant residual solids; and 2) execute a Landfill Services Agreement with Yolo County for a five year period, for a total amount not to exceed $550,000.
Contact: Stacy Larkin, Administrative Analyst, (916) 808-6356, [email protected]; Megan Thomas, Senior Engineer, (916) 808-1729, [email protected]; David Herrmann, Division Manager, (916) 808-5652, [email protected]; Pravani Vandeyar, Interim Director, (916) 808-3765, [email protected]; Department of Utilities Presenter: None
Attachments:
1-Description/Analysis
2-Exhibit A County of Yolo Agreement No. 22-198
3-Attachment 1
Description/Analysis
Issue Detail: The Department of Utilities (DOU) has an ongoing need for the disposal of residual solids that result from the drinking water treatment processes and has been using the Yolo County Landfill for that purpose for decades. Other landfill facilities have been assessed but either will not accept the residual solids from the City of Sacramento treatment plants or are too costly for disposal due to yardage of material or distance from the City of Sacramento. The Department recommends that the City Council authorize the City Manager or the City Manger’s designee to execute a multi- year Landfill Services Agreement with Yolo County, to accept residual solids at the Yolo Landfill for a five-year term.
Policy Considerations: City Council approval is required for contracts of $250,000 or more.
File ID: 2022-01166 3/7/2023 Consent Item 11.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): The activity described in this report consisting of approval of an agreement for the ongoing disposal of residual solids has been determined to not be a project pursuant to the California Environmental Quality Act (CEQA). CEQA Guidelines Section 15378(b). The activity is a continuing administrative and maintenance activity [CEQA Guidelines section 15378 (b)] and is not subject to CEQA [CEQA Guidelines Section 15060(c)(3)].
Sustainability: The City’s residual solids are classified as a designated waste and are not considered an industrial, municipal, or residential waste. Because of the designated waste classification, the Yolo Landfill accepts the City’s residual solids for beneficial use, allowing the material to be reused at the Landfill in a manner that benefits the Landfill. The resulting landfill fees are much lower as compared to fees for industrial, municipal, or residential wastes.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The Department contacted eight area landfills, and only five are able to accept the City’s residual solids. The five landfills are Yolo Central Landfill (municipally owned by Yolo County), Ostrom Road Landfill (privately owned by Recology), Hayroad Landfill (privately owned by Recology), Western Regional Landfill (owned by WPWM Authority) and Keifer Landfill (owned by County of Sacramento). When considering landfill costs, the landfill fee must be evaluated along with the cost of trucking to the landfill and completing required sampling. Attachment 1 provides an evaluation of the different landfill costs and indicates that the cost to dispose of residual solids at the Yolo Landfill is lower than other available options.
Financial Considerations: The Department of Utilities has disposed of residual solids at the Yolo Landfill in past years and has not encountered any difficulties or problems in doing so. As landfill use is a service, DOU is unable to conduct a formal competitive bid process as the rates and requirements are set based on the facility.
This report recommends approval of an agreement with Yolo County for the disposal of Drinking Water Residual Solids for a five-year period. The estimated annual amounts for Years 1 through 5 and the estimated total agreement amount are as follows:
Year 1 2022-
2023
Year 2 2023-
2024
Year 3 2024-
2025
Year 4 2025-
2026
Year 5 2026-
2027
Total
Estimated
Amount
Annual
Landfill Fee
$15.25/ton
(actual)
$15.50/ton
(estimated)
$15.75/ton
(estimated)
$16.00/ton
(estimated)
$16.25/ton
(estimated)
Annual
Estimated
Plants
Solids
Production
7,000 7,000 7,000 7,000 7,000
Annual
Landfill Fee
Total
$107,000 $108,000 $110,000 $112,000 $113,000 $550,000
File ID: 2022-01166 3/7/2023 Consent Item 11.
Year 1 2022-
2023
Year 2 2023-
2024
Year 3 2024-
2025
Year 4 2025-
2026
Year 5 2026-
2027
Total
Estimated
Amount
Annual
Landfill Fee
$15.25/ton
(actual)
$15.50/ton
(estimated)
$15.75/ton
(estimated)
$16.00/ton
(estimated)
$16.25/ton
(estimated)
Annual
Estimated
Plants
Solids
Production
7,000 7,000 7,000 7,000 7,000
Annual
Landfill Fee
Total
$107,000 $108,000 $110,000 $112,000 $113,000 $550,000
Under the proposed agreement, the landfill fee is fixed for the first year of the contract. The landfill fee in Years 2 through 5 will be adjusted annually (increased/decreased) by a CPI (Consumer Price Index) adjustment but will not exceed $550,000 for the five-year period. The above cost estimates for Years 2 through 5 conservatively assume an annual tipping fee increase of 5%, although this would vary depending on the actual change in the CPI in future years. Previous years, the increase between each fiscal year was less than 5%. The annual estimated solids production also can vary depending on weather, water quality conditions, and water demand.
Sufficient funding for this agreement exists in DOU’s Fiscal Year 2022/23 operating budget to fund the first year of the agreement. Funding for future fiscal years shall be subject to funding availability in the budget adopted for the applicable fiscal year.
There are no general funds allocated or planned for this project.
Local Business Enterprise (LBE): Yolo County is not an LBE. The minimum LBE participation requirement is waived as the City has suspended competitive bidding and utilized an alternate procurement method to select a vendor.
COUNTY OF YOLO AGREEMENT NO. _______
CITY OF SACRAMENTO AGREEMENT NO._______
AGREEMENT FOR ACCEPTANCE OF DRINKING WATER TREATMENT RESIDUALS THIS AGREEMENT ("Agreement") is made and entered into on the _____of ______, 2022 (“Effective Date”), by and between the County of Yolo a political subdivision of the State of California ("County"), and the City of Sacramento, a municipal corporation ("City").
WITNESSETH
WHEREAS, City desires an agreement for landfill services to dispose of drinking water treatment residual solids from the City's Sacramento River Water Treatment Plant and EA Fairbairn Water Treatment Plant ("Drinking Water Treatment Residuals"), and sediment from the City's Sump 157 Area stockpile; and
WHEREAS, County owns and operates the Yolo County Central Landfill ("YCCL"); and WHEREAS, County can provide a beneficial use for the Drinking Water Treatment Residuals at YCCL; and
WHEREAS, City has historic analytical laboratory data that indicates the Drinking Water Treatment Residuals meet the County 's waste acceptability goals for water quality protection for material not exposed to stormwater or rainfall and thus can be used beneficially as cover material ("Beneficial Use Material"); and
WHEREAS, County and City wish to enter into an agreement to provide for the disposal and beneficial use of Drinking Water Treatment Residuals at YCCL.
NOW, THEREFORE, in consideration of the promises, terms, conditions, and covenants contained herein, County and City agree as follows:
1. TERM
The term of this Agreement shall be from the Effective Date through June 30, 2027, unless sooner terminated as hereinafter provided.
2. NOTICE
Notice shall be deemed to have been served when it is deposited in the United States Mail, postage prepaid, and addressed as follows:
TO COUNTY TO CITY
Ramin Yazdani David Herrmann
Director Superintendent
Community Services Department, County of Yolo City of Sacramento Division of Integrated Waste Management Department of Utilities 44090 County Road 28H 301 Water Street
Woodland, CA 95776 Sacramento, CA 95811
Either party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other party, which shall be effective upon receipt.
22-198
30th Aug
3. COUNTY SERVICES
a. County shall accept and use beneficially at YCCL Drinking Wa ter Treatment Residuals delivered by City, which meet the requirements for Beneficial U se Material as described in Section 4.
b. Material that does not meet the requirements for Beneficial Use Material as described in Section 4 will be considered Unacceptable Material and will not be accepted by County. City shall be solely responsible for all costs associated with the c leanup and removal of any and all Unacceptable Material.
c. The disposal site will be at YCCL, located at 44090 County R oad 28H, Woodland, California 95776.
d. County is not responsible for providing any services other t han those specified herein.
4. WASTE ACCEPTABILITY
a. Each fiscal year (July 1 - June 30), not less than 60 days prior to the fiscal year's first Drinking Water Treatment Residual Solids delivery event, City shall submit annual laboratory analysis results for representative residual solids from both the Sacram ento River Water Treatment Plant and EA Fairbairn Water Treatment Plant. The representativ e solids samples will be randomly selected, and generally, from each of the solids types, sludge and filter wash water (or a combination of these two) and analyzed by a state certified laboratory.
b. Each fiscal year (July 1 - June 30), not less than 60 days p rior to the fiscal year’s first Sump 157 Area Sediment delivery event, City shall submit annual labo ratory analysis results for a representative sediment sample from the stockpile. The represen tative solids sample shall be randomly collected from points throughout the stockpile and analyzed by a state-certified laboratory.
c. The City shall annually analyze the following constituents f or Total Metals (Totals) using USEPA 6000/7000 Series Methods:
CCR Title 22 metals list: antimony (Sb), arsenic (As), barium (Ba), beryllium (Be), cadmium (Ca), chromium-total (Cr), cobalt (Co), copper (Cu), lead (Pb), mercury (Hg), molybdenum (Mo), nickel (Ni), selenium (Se), silver (Ag), thallium (Tl), vanadium (V), and zinc (Zn). The following constituents that are not part of Title 22 list also will be analyzed: aluminum (Al}, boron (8), manganese (Mn), and iron (Fe).
d. The City shall annually analyze the following constituents f or Soluble Metals using the Waste Extraction Test (WET) with two buffer solutions (the standard m ethod using Citrate and the other using deionized water):
aluminum (Al), arsenic (As), barium (Ba), beryllium (Be), chromium (Cr), Cobalt (Co), Iron (Fe), lead (Pb), manganese (Mn), molybdenum (Mo), nickel (Ni), and vanadium (V).
e. Additional sampling of any constituent listed above in subdi vision 4.b. will be required if a sample result, that has been analyzed for Totals is 10 times or greater than the Soluble Limits.
The WET method will use the two buffer solutions listed above in subdivision 4.d (the standard method using Citrate and the other using deionized water).
f. County will review the annual laboratory analysis and based on this review the County will within 15 days of receipt of the submittal, request more sampli ng, approve, or deny acceptance for the applicable fiscal year of the City's Dr inking Water Treatment Residuals as Beneficial Use Material.
g. The City's Drinking Water Treatment Residuals shall be accep ted as Beneficial Use Material for the applicable fiscal year if the constituent concentration s in the annual analytical laboratory analysis do not exceed the Totals or Soluble Limits for acceptance. The latest version of the Landfill's waste acceptance limits will be used (current version is December 2013, included as Attachment A).
h. The Sump 157 area sediments stockpile is mainly Drinking Wat er Treatment Residuals from both Plants which has some debris, trash, and concrete. YCCL will accept this stockpile “as is” as Drinking Water Treatment Residuals provided that the deb ris, trash, and concrete pieces larger than 5 inches are removed prior to arrival at YCC L. If the debris, trash, and concrete pieces are not removed, a special handling fee (based on actual cost) will be applied (see Section 6).
5. COORDINATION
City will provide to County the following information prior to scheduling of each Drinking Water Treatment Residuals delivery event:
o The approximate volume or weight of material to be delivered t o YCCL. o The approximate number of truckloads per day and days of hauli ng.
6. FEES
City agrees to compensate the County for the landfill services described in this Agreement as follows:
a. City shall pay a fee of $15.00 per ton of Beneficial Use Mat erial delivered to YCCL.
b. Special handling fee for cle anup of debris contamination will be added to loads that require debris removal prior to beneficial reuse at YCCL. The fee will be charged at actual cost based on YCCL 's contractor's labor and equipment rates. (Typical lab or and equipment charge is approximately $170 per hour).
c. This Agreement shall not require City to deliver any specifi c amount of Drinking Water Treatment Residuals to YCCL, nor shall this Agreement prevent C ity from disposing of Drinking Water Treatment Residuals at other locations or facilities.
d. If any Federal, State or Local regulatory fee or charge that affects the County's cost to accept Beneficial Use Material hereunder (excluding any County fee or charge) is imposed, increased or decreased, County shall (i) notify City of such new, increased or decreased fee or charge promptly upon learning thereof, (ii) calculate in creases or decreases in the tipping fee set forth above in light of such new, increased or decreased fee(s) or charge(s) and (iii) notify City of the increased or decreased tipping fee s applicable to this Agreement not less than 60 days before the effective date thereof.
e. If County determines that any Federal, State or Local regula tion adopted after the date this Agreement is executed and that affects the County's cost to acc ept Beneficial Use Material hereunder (excluding any landfill operational changes not manda ted by an outside regulatory agency) necessitates an increase in the tipping fee specified herein , the following shall apply: (i) County will notify City of such regulation pro mptly upon learning of it and determining that it necessitates an increase in the tipping fee ; and (ii) County will calculate the increase in the tipping fee that County reasonably believes is necessitated by such regulation, and notify City of such increase not less than sixt y (60) days before the effective date thereof.
f. CPI Adjustment.
i. CPI. When used herein, "CPI" shall be 100% of the "Northern California All Urban Consumers" Consumer Price Index - Urban Consumers, San Francisco - Oakland - San Jose, CA, All items (1982- 84=100).
ii. CPI Adjustment. Beginning July 1, 2023 and on each successi ve July 1 during the agreement term the fee specified in subsection (a), above, shal l be adjusted by an amount equal to the percentage increase in the CPI, if any, during the 12 month period from April of the preceding calendar year to April in the calen dar year when such CPI adjustment is being made.
iii. Not to Exceed Gate Tipping Fee. If an annual CPI adjustmen t would result in a fee exceeding the YCCL's current generally applicable gate tipping fee for waste acceptability soil, such adjustment shall not exceed such current gate tipping fee.
g. During the term of this Agreement, City's total payments to County shall not exceed a maximum of $500,000, unless the parties amend this Agreement to increase such maximum.
7. BILLING AND PAYMENTS
a. Charges shall be compiled each month and an invoice thereof shall be rendered and mailed to City as provided in section 2 above.
b. City shall pay all undisputed charges promptly upon receipt of the invoice.
c. Failure to pay said charges within 45 days of invoice shall result in suspension of user privileges at the sole option of County.
d. Payments of undisputed charges not made within 45 days of da te of invoice shall be considered late. Fees for late payments shall be a minimum of $5.00 or 1.5% per month.
e. In addition, if City's disposal account is past due more tha n forty-five (45) days after the due date, County may immediately place City on a cash basis at the current gate tipping fee for waste acceptability soil, until City's account is current and no longer delinquent.
8. TERMINATION OF AGREEMENT
Either party may terminate this Agreement, with or without cause, upon sixty (60) days advance written notice provided to the other party.
The notice of termination shall be deemed served and effective for all purposes on the date it is deposited in the United States mail, postage prepaid and addressed to the respective parties at the address indicated in Section 2.
9. INDEMNIFICATION AND LIABILITY
Each party shall assume the responsibility and liability for th e acts and omissions of its own agents, officers, or employees in connection with the performance of their obligations under this Agreement. For tort liability purposes, neither party shall be considered the agent of the other party. Each party shall be liable, if at all, only for the torts of its own officers, agents, or employees that occur within the scope of their Official duties.
City shall assume the responsibility and liability for and City shall indemnify, defend, and hold harmless County, its agents, officers, and employees from and a gainst any and all liabilities, obligations, losses, damages, penalties, fines, claims, actions , suits, costs and expenses, and disbursements (including legal fees and expenses) of any kind a nd nature whatsoever imposed in, asserted against , incurred or suffered by County or its agents, officers, or employees by reason of damage, loss or injury (including death) of any kind or nature whatsoever to persons or property caused by or in any way relating to or arising out of any negligent act or action, or any neglect, omission or failure to act when under a duty to act on the part of City, or any of its agents, officers, or employees in its or their performance of this Agreement.
County shall assume the responsibility and liability for and Co unty shall indemnify, defend, and hold harmless City, its agents , officers, and employees from a nd against any and all liabilities, obligations, losses, damages, penalties, fines, claims, actions , suits, costs and expenses, and disbursements (including legal fees and expenses) of any kind and nature whatsoever imposed in, asserted against, incurred or suffered by City or its agents , officers , or employees by reason of damage , loss or injury (including death) of any kind or nat ure whatsoever to persons or property caused by or in any way relating to or arising out of any negligent act or action, or any neglect, omission or failure to act when under a duty to act on the part of County, or any of its agents , officers, or employees in its or their performance of this Agreement.
The provisions contained herein include any violation of applicable law, ordinance, regulation or rule, including where the claim, loss, damage, charge or expens e was caused by deliberate, willful, or criminal act or action of any party or any of its a gents, officers, or employees in its or their performance hereunder.
It is the intent of the parties hereto that, where negligence i s determined to have been contributory, principles of comparative negligence will be followed and each party shall bear the proportionate cost of any obligations, losses, damages, expense s and liability costs, including attorney's fees, attributable to that party's negligence or fau lt. The terms of this Section shall survive any termination of this Agreement.
10. INSURANCE
Each party, at its sole cost and expense, shall carry insurance - or self-insure - its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self-insurance, for general liability, workers compensation, and business automobile liability adequate to cover its potential liabilities hereunder. Each party agrees to provide the other party written evidence of such insurance, or self-insurance, an d to provide thirty (30) days' advance written notice to the other party of any cancellation, termination or lapse of any of the insurance or self-insurance coverages.
11. APPLICABLE LAW
This Agreement shall be deemed to be executed within the State of California and construed in accordance with and governed by the laws of the State of California.
12. LICENSES AND PERMITS
Each party shall possess and maintain all licenses, permits, certificates and credentials required by the laws of the United States, the State of California, the Counties of Yolo and Sacramento and all other appropriate governmental agencies, that are necessary for each party's performance of its obligations under this Agreement. A party's failure to m aintain such licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by the other party upon written notice thereof.
13. MUTUAL WAIVER OF SUBROGATION
The parties agree that in the event of loss due to a claim arising out of any negligence, omission, or failure to act when under a duty by any of their agents, off icers, or employees, against their respective workers' compensation, general liability, and/or auto liability insurance policies, each party shall look solely to its own insurance for recovery.
14. HEALTH, SAFETY AND ENVIRONMENTAL REGULATION COMPLIANCE
The parties shall comply with all applicable Federal, State and Local laws, ordinances, rules and regulations pertaining to health and safety protection of their respective employees, including requirements applicable to an Injury and Illness Protection Plan and a program to communicate any significant hazards of work to be performed under this Agreement.
The parties agree to comply with all applicable hazardous waste and environmental laws, ordinances, rules and regulations, enacted or promulgated by an y public or governmental authority or agency having jurisdiction. Without limiting the g enerality of the foregoing, County shall operate and maintain the YCCL in compliance with all such laws, ordinances, rules and regulations, and City, its agents, officers, and employees shal l have no responsibility or other liability for County's failure to do so.
15. ASSIGNMENT OF AGREEMENT
a. Neither party may assign this agreement, in whole or in part , without the written consent of the non-assigning party, and any purported assignment without s uch consent shall be void and of no effect.
b. City may subcontract the delivery of Drinking Water Treatmen t Residual under this Agreement, provided that City shall remain legally responsible for the performance of all Agreement terms, and the City's subcontractor will be subject t o all applicable provisions of this Agreement.
16. BINDING EFFECT
This Agreement shall bind the successors and approved assigns o f County and City to the obligations imposed on County and City, respectively, in the sa me manner as if they were expressly named parties to this Agreement.
17. AMENDMENTS
Modifications or amendments affecting the work hereunder shall be in writing and executed by both parties.
18. WAIVER
The waiver at any time by any party of any of its rights with r espect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or other matter.
19. SEVERABILITY
The invalidity, illegality or unenforceability of any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
20. DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts. The A greement shall be deemed executed when it has been signed by both parties.
21. DISPUTE RESOLUTION
With respect to any alleged breach or dispute arising under this Agreement, the Parties shall meet and attempt, in good faith and using their best and reasonable efforts, to resolve the same prior to the commencement of litigation.
22. WARRANTY OF CONTRACTING AUTHORITY
The signers of this Agreement have the capacity and are authorized to execute this Agreement as the representatives of their respective parties, and to bind said parties to the terms hereof.
23. ENTIRE AGREEMENT
This instrument constitutes the entire Agreement between the County and City concerning the subject matter hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year set forth above.
County City
County of Yolo, a political City of Sacramento, a municipal Subdivision of the State of California corporation
By: _____________________________ By: _____________________________ Angel Barajas, Chair Hector Barron
Board of Supervisors Assistant City Manager
Attest: Attest:
By: ______________________________ By: ______________________________ Julie Dachtler Wendy Klock-Johnson
Senior Deputy Clerk Assistant City Clerk
Approved as to Form: Approved as to Form:
By: ______________________________ By: ______________________________ Kimberly Hood Michael Voss
Assistant County Counsel Senior Deputy City Attorney
Vendor # Landfill Name Owner Contact Name/Phone #/email Quoted $/to n RT to Landfill* Landfill Address Vendor #1 Kiefer Landfill County of Sacramento (916) 876-9458 / Pe [email protected] 50-60$/ton 46 mile RT 12701 Kiefer Blvd, Sloughhouse Vendor #2 Western Regional Landfill Western Placer Waste Manageme nt Authority (916) 543-3960 / [email protected] won't accept wast e from outside county 64 mile RT 3195 Athens Ave, Lincoln Vendor #3 Hayroad Landfill Recology (707) 678-4718 25 in dry season (april to october), 46 in wet season (october to april) 68 mile RT 6426 Hay Rd, Vacaville Vendor #4 Ostrom Road Landfill Recology (530) 743-6321 25 in dry se ason (april to october), 46 in wet season (october to april) 86 mile RT 5900 Ostrom Rd, Wheatland Vendor #5 Florin Perkins Landfill County of Sacramento Site has become recycling specific (no WTP sludge) 40 mile RT 420 1 Florin Perkins Rd, Sacramento Vendor #6 Yolo County Central Landfill County of Yolo (530) 666-87 29 / [email protected] current rate is 14.73$/ton thru june 202 2, will recalculate in April based on CPI (Con 32 mile RT 44090 C ounty Rd 28H, Davis Vendor #7 L and D Landfill County of Sacramento Can't accept materials that aren't okay for Class III landfill or organic materials 24 mile RT 8635 Fruitridge Rd., Sacramento Vendor #8 Forward Landfill Forward Inc. Site is extensive distance from Sacramento 120 mile RT 9999 S. Au stin Rd, Manteca *For comparison from SRWTP only
Phone Quotations for Disposal of Drinking Water Treatment Plant Residual Solids (as of Sept. 23, 2021)