R2017-122 Change Order AECOM to Assist with Administrative Consent Order CP 2013-01

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The Administrative Consent Order and Professional Engineering Services Agreement with AECOM will address sanitary sewer priorities 2, 3, and 4. BACKGROUND: Administrative Consent Order In 2012, the United States Environmental Protection Agency(USEPA) served Decatur with an Administrative Consent Order(ACO),requiring the City to eliminate overflows and reduce basement backups. Staff retained outside counsel with expertise and direct experience in USEPA administration of the Clean Water Act. With the assistance of outside counsel and AECOM, extensive negotiations between the City and the USEPA have resulted in USEPA's issuance of an ACO that is greatly limited in scope compared to the initial Order. This is due to the City's pre-existing commitment to improving its sanitary sewer systems, and its good faith efforts to negotiate a reasonable ACO with USEPA. The City's commitment to improving its sanitary sewer systems commenced in earnest in 2009, when Staff began preparing a Sanitary Sewer Master Plan. The plan recommended an aggressive course of rehabilitation of the City's critical sewers. To fund these improvements,the City Council approved a sewer user fee increase beginning in 2011, with a final increase occurring in May, 2015. Even while negotiating the ACO,the City has been making significant strides to rehabilitate its sewer system, including the Lake Shore Drive sewer rehabilitation project,the Union Street sewer rehabilitation project, 7th Ward sewer rehabilitation and design work currently underway for rehabilitation of the McKinley sewer rehabilitation projects. The City Council's 2014 approval of a storm water utility will assist the City's ability to address the requirements of the USEPA ACO. The Administrative Consent Order's major requirements included: 1. A Development of a Capacity Management, Operations, and Maintenance (CMOM) program. The CMOM program provides a comprehensive review of the City's sewer collection system asset, including system management, maintenance, and capital improvement funding. 2. Preparation of a Sewer Collection System Alternatives Analysis (SCSAA) for areas identified as experiencing Sanitary Sewer Overflows (SSOs)and sewer back-ups during storm events. The analysis will focus on efforts to keep storm water from entering into the separate sanitary sewer system and better manage stormwater entering the combined sewer system. The SCSAA and the CMOM submitted in April of 2016 identified a gap in funding to complete all work within the Order. To close the gap in funding the City Council adopted a 5 year, $0.57 rate increase starting in May 1, 2017 Page 15