Title
Recommendation to Authorize the City Manager to Execute a Five-Year Service Provider Agreement with Nichols Consulting Engineers (NCE) in an Amount Not-to-Exceed $600,000 for On-Call Clean Water Program Services.
In accordance with California Environmental Quality Act (CEQA), this action is categorically exempt pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment). (Public Works 26441610)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The purpose of this report is to authorize approval of a five-year agreement with NCE to provide on-call Clean Water Program Services to assist the City of Alameda (City) in performing its municipal stormwater permit compliance work, for a not-to-exceed amount of $600,000. The proposed agreement relies upon cooperative purchasing with the City’s Civil Engineering procurement efforts carried out earlier this year, consistent with the City’s Administrative Instruction Number 5 (Purchasing Policy). All work executed under this agreement will be restricted to funds appropriated and available for the specific project for which the work is assigned. The Agreement is on-call and therefore the work performed will be based on actual need during the term of the agreement. If the demand is not there, the services will not be requested
BACKGROUND
On-call service provider agreements are used for services requiring expertise that City staff does not have and/or to supplement City staff during periods of peak work demand. Currently there is a need for Clean Water Program (CWP) services to support City municipal stormwater permit program implementation efforts.
The City discharges urban stormwater runoff from its municipal storm sewer system to the San Francisco Bay and is required to implement practices in compliance with the requirements of the Municipal Regional Stormwater Permit (MRP), to prevent stormwater pollution. For the previous few years, the City has relied on on-call Civil Engineering services to perform consulting, planning, and technical aspects of the MRP compliance work. An additional, separate service provider agreement is now needed for on-call Clean Water Program Services to continue the City’s MRP compliance work.
On March 17, 2025, the City issued a Request for Qualifications (RFQ) for on-call Civil Engineering Services. Staff received twelve Statement of Qualifications (SOQs) and selected six firms to provide on-call services after evaluating their experiences. On June 17, 2025, City Council awarded separate on-call Civil Engineering service provider agreements to six firms that were recommended by staff.
Amongst the six firms that successfully responded to the RFQ and were awarded a service provider agreement, NCE has been identified as an appropriate firm to provide additional on-call Clean Water Program services support to the City to assist with the performance of its MRP compliance work. NCE has successfully performed CWP support services for the City’s MRP compliance implementation efforts for the previous few years under the pre-existing On-Call Civil Engineering service provider agreement.
DISCUSSION
The City’s Purchasing Policy allows for cooperative purchasing by which the City can enter into an agreement for services based on another program’s procurement process, such as the City’s successful RFQ for Civil Engineering services earlier this year. Relying on the successful results of this recent RFQ procurement effort streamlines and creates efficiency to execute a separate, dedicated Clean Water Program On-Call service provider agreement.
NCE has successfully performed CWP support services for the City’s MRP compliance implementation efforts for the previous few years under a previous On-Call Civil Engineering service provider agreement. They demonstrated expertise and technical knowledge to effectively assist the City with its MRP compliance efforts. Their efficient efforts assisting staff develop on-going, locally based, data tracking procedures for the City’s trash discharge pollution prevention program and providing additional CWP consulting services have been essential for on-going MRP compliance implementation practices.
Based on the City’s on-going MRP compliance needs, staff recommends awarding a five-year on-call Clean Water Program service provider agreement to NCE in an amount not-to-exceed $600,000, ending on June 30, 2030.
ALTERNATIVES
• Authorize the City Manager to execute an agreement with NCE as presented in this staff report.
• Do not authorize the new agreement and direct staff to conduct a specific solicitation for Clean Water Program support services. This would result in delays in performing MRP work in Fiscal Year (FY) 2025-26 and may result in permit non-compliance.
FINANCIAL IMPACT
Funding for work executed under this agreement will be from the Stormwater Fund (Fund 264). City Council-previously approved funding for potential work under this Agreement in the FY 2025-26 and the FY 2026-2027 Operating Budget for the Stormwater Program Clean Water Program activities (26441610). The total budget for the Agreement over the five-year period is not-to-exceed $600,000; however the actual amount expended will be based on actual need and available budget. The usage of the services is on an as-needed basis so that if the demand and appropriated funds are not there, the services will not be requested. There is no impact on the General Fund. Any proposed increase in budget authority will be brought to the City Council in a separate item.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code, Chapter 18, Article III, Storm Water Management and Discharge Control Ordinance, Section 18-21.
This action is also consistent with the City’s Strategic Plan priorities to enhance community safety and services and build resilience to climate change & water level rise.
City of Alameda Strategic Plan Strategic Priority “Build Resilience to Climate Change & Water Level Rise”:
• Project CC7 - Integrate Green Infrastructure into the City’s stormwater systems to slow and clean runoff before it enters the Bay (Public Works)
• Project CC8 - Design and implement upgrades for stormwater infrastructure to reduce local flooding, including the cleaning of storm drains and increasing pump station capacity (Public Works)
This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
In accordance with CEQA, this project is categorically exempt pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment).
CLIMATE IMPACT
The implementation of the City’s municipal stormwater permit program is consistent with the City’s Climate Action and Resiliency Plan and emphasizes protective stormwater runoff management. Clean Water Program actions help reduce stormwater runoff and pollution, mitigate potential flooding impacts, enhance the City’s ability to meet the challenges of sea level rise and more frequent and intense storms, and create a safer environment for the City’s communities.
RECOMMENDATION
Authorize the City Manager to execute a five-year service provider agreement with NCE in an amount not-to-exceed $600,000 for on-call Clean Water Program services.
Respectfully submitted,
Erin Smith, Director of Public Works
By,
Echo Lee, Program Specialist
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibit:
1. Agreement