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Task Order No. 10264a with HDR Engineering, Inc. for NPDES Permit Strategy and Technical Assistance
Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Date: 11 /21 /13 Re: November 26 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 26`" City Council Consent Agenda for Council's consideration. ~oroval of Task Order 10264a for Professional Services for "NPDES Permit Strategy and Technical Assistance for 2014" to HDR Engineering. Inc. for the Not-To- Exceed amount of $175.000.00.. This Task Order is issued in conjunction with the Master Agreement with HDR dated December 6, 2011. Recommended Council Action: Approval of Task Order 10264a to HDR Engineering, Inc. for the Not-To-Exceed amount of $175,000.00. Thank you for your consideration. • Page 1 ~~i~E IDIAN~-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: October 16, 2013 Mayor Tammy de Weerd Cii~y Cennti[ Memb~es~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER #10264a FOR NPDES PERMIT STRATEGY AND TECHNICAL ASSISTANCE WITH HDR ENGINEERING, INC FOR A NOT TO EXCEED AMOUNT OF $175,000 I. RECOMMENDED ACTION A. Move to: 1. Approve Task Order 102b4a with HDR Engineering, Inc for the NPDES Permit Strategy and Technical Assistance, in an amount not to exceed $175,000.00; and 1. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The City of Meridian currently discharges treated water from the Wastewater Treatment Plant to Five Mile Creek as permitted under the National Pollutant Discharge Elimination System (NPDES) program. The City of Meridian's current NPDES permit expired November 2, 2004. The City has applied for an updated NPDES Permit from the Environmental Protection Agency (EPA) and Page Y of 3 has yet to receive one. Recently the EPA has issued a final NPDES permit for the Cities of Boise and Greenleaf and is drafting permits for the Cities of Nampa and Caldwell and is expected to draft the NPDES permit for Meridian by the fall of 2014. The Idaha Department of Environmental Quality (DEQ) does not have primacy for NPDES permitting; however, DEQ will provide 401 certification of EPA's NPDES permits. Draft and final NPDES permits for facilities in the Treasure Valley will likely significantly impact the City of Meridian's wastewater program both in terms of economics and infrastructure to dispose of treated water. Indications from NPDES Permits issued for the Cities of Boise, Greenleaf and Notus show the inclusion of low discharge concentration limits for total phosphorus, nitrogen and water temperature limits. Therefore, it is important for the City of Meridian to understand the potential impacts of such new requirements, refine the programmatic strategy, prepare comments on draft NPDES permits, and negotiate with EPA and DEQ for the upcoming City of Meridian NPDES Permit. B. Proposed Project The scope of engineering services is for continued NPDES permit strategy and technical assistance to aid the City of Meridian in meeting the challenges of obtaining a favorable NPDES permit for their wastewater program which includes participation in the Lower Boise River Phosphorus TMDL process. C. Consultant Selection HDR Engineering, Inc. was chosen for this project due to their expertise in the negotiation of NPDES Permits, specifically in the Spokane Valley and their familiarity with the Meridian Wastewater Treatment Plant. HDR Engineering, Inc. was also chosen as a qualified firm to provide consultant services for NPDES Permit negotiations and they hold a Master Agreement for services over $25,000. N. IMPACT A. Strate is Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Deliver~pact: The negotiation and development of the NPDES permit for the Wastewater Treatment Plant is critical to the future of the facility. It will guide the improvements to the plant over the next several years and shape the capital improvement plan related to the Wastewater Treatment Plant. Successful Page 2 of 3 negotiation of a permit that is mutually beneficial to the City and the regulators has the potential to save the City millions of dollars in capital improvements and chemical costs at the Wastewater Treatment Plant. C. Fiscal Impact: Proiect Costs Consultant Agreement (FY11) $107,998 Change Order 1 (FY12) $27,249 Change Order 2 (FY12) No Cost Change Order 3 (FY 13 Funding) $115,000 Change Order 4 (FY 13 Change Order) $60,000 Consultant Agreement (FY14) $175,000 Total Cost $485,247 Proiect Funding FY11 WWTP Consulting (3200-55080) $107,998 FY12 WWTP Consulting (3200-55080) $27,249 FY13 WWTP Consulting (3200-55080) $175,000 FY14 WWTP Consulting (3200-55080) 175 000 Total Funding $485,247 VI. TIME CONSTRAINTS Council's approval will allow this critical effort to continue with support for the negotiations and development of the Wastewater Treatment Plant NPDES Permit. VII. LIST OF ATTACHMENTS A. Task Order No. Department Approval: with HDR Engineering. Page 3 of 3 TASK ORDER NO. 10264a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND HDR ENGINEERING, INC. (ENGINEER) This Task Order is made this 26th day of November, 2013 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by HDR Engineering, Inc., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2A} between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order 10264a is as follows: CITY OF MERIDIAN NPDES PERMIT STRATEGY AND TECHNICAL ASSISTANCE FOR 2014 PROJECT UNDERSTANDING The City of Meridian currently discharges treated water from the Wastewater Treatment Plant to Fivemile Creek as permitted under the National Pollutant Discharge Elimination System (NPDES) program. The City of Meridian's current NPDES permit expired November 2, 2004 and was administratively extended. The U.S. Environmental Protection Agency (EPA} has indicated plans to renew municipal NPDES permits in the Lower Boise River watershed sometime in 2014. NPDES permits for facilities in the Treasure Valley could significantly impact the City of Meridian's wastewater program both in terms of economics and infrastructure to dispose of treated water. Initial indications from EPA are the inclusion of potentially low discharge concentration limits for total phosphorus and water temperature limits, and limits potentially for other parameters such as ammonia and metals. Therefore, it is important for the City of Meridian to understand the potential impacts of such new requirements, develop a programmatic strategy for permit negotiation and compliance, and prepare comments on draft NPDES permits. The issuance of several permits in the Lower Boise River Watershed with the inclusion of monthly and weekly concentration and mass limits indicates the use of a template permit structure for all dischargers, which is not appropriate for the City of Meridian's program. Additionally, EPA revealed that Lower Boise River dischargers can anticipate year-round total Task Order 10264a NPDES Permit Strategy and Technical Assistance FY2014 Page 1 of 6 HDR Engineering, Inc. phosphorus (TP) limits in their next NPDES permits. Year-round limits are undesirable for Meridian. As a result, the City recognizes the need to develop the City's own technical arguments in support of seasonal load limits, starting with the assembly of available flow and water quality data for Five-, Ten-, and Fifteenmile Creeks. These data are used in the water quality model and additional technical analyses to support the City's strategy. This scope reflects the workplan required to continue to support the City's NPDES permit strategy, provide technical assistance, and aide the City of Meridian in meeting the challenges of obtaining a favorable NPDES permit for their wastewater program. The Idaho Department of Environmental Quality has initiated development of a total maximum daily load (TMDL) for phosphorus in the Lower Boise River due to impairment of the river from Middleton to Parma. Meridian is interested in participating in the TMDL process, so potential future phosphorus removal improvements are scientifically justified through a defensible TMDL. Meridian's goal in participating in the TMDL development process is to receive equitable phosphorus wasteload allocation in the final TMDL SCOPE OF WORK This scope of services is for the Consultant to assist the City of Meridian through the preparation of the NPDES permit application, participation in the TMDL process, and assistance in water quality negotiations with EPA and DEQ. Additional services will be on call and will vary depending on the progression of the TMDL by the regulators and depending on the complexities related to submitting the NPDES permit application. TASK 100 -PROJECT MANAGEMENT Objec#ive Provide scope, schedule, and cost control services; and initiate and attend project coordination meetings during the life of the project. Approach The approach involves completing necessary project management tasks. • Communicate frequently to the City and the project team through progress reports and email communications including the identification of information requirements or decisions to be made by the City. • Weekly review of project team charges. • Monthly review of remaining budget. • Frequent (approximately monthly) project status meetings between City of Meridian Public Works Director and HDR Project Principal. • Monthly project management coordination meetings between City of Meridian project manager and HDR project manager. Task Order 10264a iVPDES Permit Strategy and Technical Assistance FY2014 Page 2 of 6 Hl7R Engineering, Inc. • Prepare invoices for the work progress to date and the budget expenditures to date {1 copy each month). • Project Guide and QC Pian for the FY2014 work plan will be updated and used for this project. • Provide quality control review of project deliverables. City Input • Feedback on project progress. • interface with Consultant on project issues. • Process invoices within 30 days of receipt. Deliverables • Invoices and progress reports (1 copy each month), through September 2014 TASK 200 -TECHNICAL SERVICES Objective Provide the City with technical services to support NPDES strategy development, permitting assistance, and TMDL technical support and documentation. Approach Examples of the activities that could be provided under this task include: • Continue technical support of the Lower Boise River TMDL. • Draft NPDES permit application. • Conduct internal strategy workshops/meetings. • Task includes necessary preparation time for the review and presentation of information for strategy decisions, conducting the meeting, and meeting minutes and initial of paths forward for action items. • Meetings with EPA and/or DEQ to discuss issues related to the City of Meridian's NPDES permit and TMDL development. • Attending and actively participating in Lower Boise Watershed Council meetings and/or special meetings that are called and of which the City of Meridian is invited to attend, including the Boise River Phosphorus TMDL TAC meetings. • Developing technical content to present. • Support the technical modeling required in the TMDL. • Additional technical analyses, potentially including reasonable potential analyses or potential effluent limits calculations. Task Order it)264a NPDES Permit Strategy and Technical Assistance FY2014 Page 3 of 6 HDR Engineering, Inc. • Highlighting to EPA specific issues with other NPDES permits in written documentation in preparation of supporting specific issues for the City of Meridian's draft NPDES permit. • Preparation of technical comments on other Boise River discharge permits. • Prepare comment document related to specific technical issues for inclusion in material submitted to EPA. City Input • Representatives from the City of Meridian Public Works Department will attend workshops, will provide all information regarding Meridian's background meetings and correspondence with EPA and DEQ, and will engage in strategy development. • Discuss non-technical (i.e., legal} issues with legal counsel -City Attorney and/or outside counsel. • If legal services become necessary, the City of Meridian Legal Department will contract separately with outside counsel who is not representing other dischargers in the Boise River watershed. • City of Meridian will provide one set of reconciled comments on deliverables that require review within three business days. • City of Meridian staff will notify Consultant of invitations to open and special meetings. • City will provide available data regarding the Fivemile Creek physical and water quality data. • City will provide reviews of compiled data based on local knowledge. Deliverables • PowerPoint presentations will be provided in Adobe .pdf formats. • Depending upon the results of the meetings and at the direction of the City of Meridian, a decision tree type matrix will be developed of the various scenarios and alternatives for the City of Meridian. • Meeting minutes and notes via email. ASSUMPTIONS Task 100 • Invoice format will follow standard format by the Consultant. • Quality control reviews will be conducted with each task. • Project management plan will not be submitted to City. Task 200 • Internal meetings will be conducted at Meridian City Hall or HDR's Boise office. • This task will continue through September 2014. • Data will be readily accessible through agency websites or provided by the Owner. Task Order 10264a NPDES Permit Strategy and Technical Assistance FY2014 Page 4 of 6 HDR Engineering, Inc. STAFF Key Consultant staff and roles for this NPDES permit strategy and technical assistance includes: • David Clark, Project Principal, will conduct strategy workshops and discussions, wi[I conduct discussions with EPA and DEQ, and direct all tasks • Michael Kasch, Senior Project Engineer, will provide compilation of supporting information including attendance at DEQILBWC meetings, and meeting preparations • Haley Falconer, Project Manager, will provide support including necessary project management activities, and additional technical support for tasks as directed by Project Principal, Engineer Principal, or Senior Project Engineer. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by November 2013 and resulting completion of both tasks by September 2014. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 100 Project Management September 2014 T & M 200 Technical Services September 2014 T & M TASK ORDER TOTAL $175,000.00 The Not-To-Exceed amount to complete all services fisted above for this Task Order No. 10264a is One hundred seventy five thousand dollars {$175,000.00}. No compensation will be paid aver the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses are per the Master Agreement (by this reference made a part hereof) and will be the basis for all services billed under this Task Order. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. Task Order 10264a NPDES Permit Strategy and Technical Assistance FY2014 Page 5 of 6 HDR Engineering, Inc. CITY OF MERIDIAN -- _ TAMMY de 1N ERD, MAYOR Dated: / ~' Zfp ~/ 3 HDR ENGINEERING, INC. --~ r .~ Dated: ~ ~~~ ~L~j Approved by CounciL•__/l./O y~~ a ,~ 0~©/3 JAYCEE . HOL AN, CITY CLERC~C`--° ~ ~ ~ r -~,. ~~ ~~~ Purchasing Appr val ~~~~, ~ ~~~ ~ BY: KEITH ATTS, Purchasing Manager City Project Manager ~t Lrv,~~~_.~~;~ ~ Department Approval RREN STEWART, Engineering Manager Dated: ~~~~ ~ ~~3 Task Order 10264a NPDES Permit Strategy and Technical Assistance FY2014 Page 6 of 6 HDR Engineering, Inc.