City Council Regular Meeting - Includes Action Taken


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    I.3       
Meeting Date: 02/21/2017  
Recommended by: Kevin Louis Prepared by: Abdul Rashid, Civil Engineer
Finance Director Review: Celina Morris  
City Attorney Review: Brett Wallace  
Approved by: Larry Rains Date Submitted: 01/17/2016
Type of Action Requested: Resolution

SUBJECT:
Recommend Award of Contract to AMEC Foster Wheeler Environment & Infrastructure, Inc. for Stormwater Management Plan (SWMP) Compliance Services for Casa Grande Small Municipal Separate Storm Sewer System (MS4s) Phase II permit.
RECOMMENDATION:
Staff recommends the Mayor and City Council approve a Stormwater Management Plan (SWMP) Compliance services – Phase 2 contract with AMEC Foster Wheeler Environment & Infrastructure, Inc. in an amount not to exceed $35,000 for Casa Grande Small Municipal Separate Storm Sewer System (MS4s) - Phase II permit required by Arizona Department of Environmental Quality (ADEQ) under the direction of Environment Protection Agency (US-EPA).
 
DISCUSSION:
In July of 2013 Arizona Department of Environmental Quality (ADEQ) notified City of Casa Grande as being located within an urbanized area per the 2010 Census. As a result, Casa Grande’s stormwater sewer system was subjected to the Clean Water Act’s municipal stormwater permitting requirements in accordance with 40 C.F.R. §122.32(a)(1). Under this rule, larger municipalities with pollution over 250,000 are regulated under Large or Phase I permit followed by smaller municipalities that are located in urbanized areas as Small or Phase II permit. 2010 Census data shows that all or part of Casa Grande jurisdiction is located within an urbanized area and subject to Small MS4s or Phase II regulations of the Clean Water Act.
 
Arizona State and Federal regulations require that the owners and operators of MS4s obtain a National Pollutant Discharge Elimination System (NPDES) permit and develop and implement a stormwater program to minimize pollutant discharge through and from MS4s into the waters of United States. In Arizona, this permit program is referred as the Arizona Pollutant Discharge Elimination System (AZPDES). The pollutant control program must include, among other things, educating the public about ways they can prevent wastes, such as used oil from entering storm drains, ensuring that the construction sites implement appropriate erosion and sediment control measures, ensuring that municipal operations minimize the amount of pollutants carried or discharged into the MS4s, ensuring that municipal facilities are operated and maintained to minimize the discharge of pollutants to the maximum extent practical, identifying and eliminating illicit connections or discharges into the MS4s, and ensuring that new development and redeveloped areas are designed to minimize the impact of stormwater discharges.
 
In Arizona, Small MS4s or Phase II is permitted under a general permit pursuant to Arizona Administrative Code (A.A.C.) R18-9-C901. The Arizona Department of Environmental Quality issued the updated Small Municipal Storm Sewer System Permit (No. AZG2016-002) which became effective September 30, 2016. Under this permit issuance, Casa Grande must submit a Small MS4 Notice of Intent (NOI) within 180 days (March 29, 2017) for stormwater management compliance.  
 
In 2015, an on-call services Request for Qualifications (RFQ) was processed through the City Council for professional services and a list of pre-qualified consultants was prepared for FY 15-16 and continued through FY 16-17. Due to time sensitivity of the project while meeting the ADEQ deadlines, the City staff divided the project into two parts. Part 1 or Phase 1 has been focused towards the preparation and submission of an NOI by March 29, 2017 and other related tasks. Phase 2 was focused towards the implementation of the stormwater management plan (SWMP) compliance.
 
AMEC Foster Wheeler Environment & Infrastructure, Inc. was picked from the list of qualified On-Call Services consultants to perform Phase 1 services. The firm has been providing “SWMP Compliance Services – Phase 1” (Part 1) for NOI preparation and submittal to ADEQ in the amount of not to exceed $25,000 using on-call services contract no. 815-14. Part 2 of the SWMP Compliance services (Phase 2) with optional tasks exceeds the $25,000 limit of on-call service contact and requires City Council authorization to further proceed with the process. Staff recommends proceeding with SWMP Compliance Services – Phase 2 contract with AMEC Foster Wheeler Environment & Infrastructure, Inc. in the amount not to exceed $35,000. The firm will require a written authorization from the City staff to proceed with the listed optional tasks.
FISCAL IMPACT:

Funding for this project has been approved and adopted in the current budget. Funds to pay for the project have been budgeted in this year’s project number 14014, account # 520-21-214-131-7109 for Casa Grande Stormwater.

ALTERNATIVES:
Failure to submit the NOI or not comply with SWMP Compliance will result in a loss of permit coverage and any municipal stormwater discharges constitutes a violation of the Clean Water Act, A.R.S Title 49, Chapter 2, Article 3.1 and could result in civil penalties up to $25,000 per day and/or criminal penalties that may include possibility of fines and/or imprisonment.  
 
Attachments
PW R-AMEC Foster Wheeler Environmental & Infrastructure Inc for Stormwater Management Plan
Contract
Scope of Work-Part2
ADEQ Letter no. 1
ADEQ Letter no. 2
Existing On-call Services Contract with Consultant
Scope of Work-Part 1 under On-call Services Contract

  

    

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