Title
Recommendation to Authorize the Interim City Manager to Execute a Second Amendment for One Year with NCE, in the Amount of $95,375 with the Option for Two One-Year Extensions at the same Terms and Cost, for a Total Five Year Expenditure Under the Agreement, as Awarded, of $359,890 for Municipal Regional Stormwater Permit Compliance Support. (Public Works 351)
Body
To: Honorable Mayor and Members of the City Council
From: David L. Rudat, Interim City Manager
EXECUTIVE SUMMARY
On August 31, 2017, the City entered into a service provider agreement with NCE to support the City’s compliance with trash capture under the Clean Water Program, green infrastructure planning, and on-call regulatory compliance support, all in an effort to assist the City in maintaining compliance with its Municipal Regional Stormwater Permit (MRP). A First Amendment to the Agreement was approved to extend the term to December 31, 2018, but a Second Amendment to the Agreement is now needed to extend the term to December 31, 2019 and provide additional funding to support the City’s continued compliance with the MRP.
BackgRound
The City’s Clean Water Program maintains City compliance with its MRP, last issued to the City by the San Francisco Bay Regional Water Quality Control Board in 2015. The MRP includes regulatory requirements for the City to implement and report on heightened trash load reduction standards, and to prepare a Green Infrastructure Plan by September 2019.
The City is required to reduce storm drain system trash discharges by 80% from 2009 levels by July 1, 2019, through the use, among other strategies, of trash capture. The City has installed 175 trash capture devices over the past seven years, and is currently reporting a 72.8% reduction in storm drain system trash discharges.
The City must also undertake green infrastructure planning to address long-term strategies for implementing development designs to improve water quality for storm drainage infrastructure throughout the City.
On August 31, 2017, the City entered into a Service Provider Agreement (Agreement) in an amount not to exceed $73,765, with NCE for professional services to assist with ensuring continued compliance with the MRP specific to the requirements for trash load reduction implementation and reporting, and green infrastructure planning. NCE is a well-established company providing specialized support to municipal agencies in the area of environmental and MRP compliance. NCE has demonstrated satisfactory performance under the Agreement. On August 8, 2018, a First Amendment to the Agreement with NCE was executed for term extension only through December 31, 2018.
Discussion
A Second Amendment to the Agreement is needed to ensure the City continues to comply with the MRP requirements for trash load reduction and green infrastructure planning. The City requested a proposal from NCE in September 2018 to continue trash capture and green infrastructure planning as well as a scope of service for on call support to assist the City in meeting changing regulatory requirements. On October 16, 2018, the City received the requested proposal from NCE, which meets the City’s compliance support needs. Staff recommends approving the Second Amendment to the Agreement (Exhibit 3) to NCE for $95,375. In light of an evolving regulatory environment, it is expected that the City will continue to need MRP compliance support in the coming years. The Agreement permits an annual extension of the contract on a year-to-year basis, for up to two additional years ($95,375 per year), and up to $359,890 total compensation for the contract, at the sole discretion of the Public Works Director, based upon satisfactory performance of all aspects of the contract and subject to budgetary approval.
|
Contract |
Authorized Amount |
Expended to Date |
|
Original Contract |
$ 73,765.00 |
$51,391.87 |
|
First Amendment |
Term Only |
$ 0.00 |
|
Second Amendment - as proposed |
$ 95,375.00 |
$ 0.00 |
|
TOTAL |
$169,140.00 |
$51,391.87 |
FINANCIAL Impact
Sufficient appropriations are available in the Storm Drain Maintenance Program (0351) in the Urban Runoff Fund (Fund 351) to cover the cost of the Second Amendment. There is no impact to the General Fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Municipal Code. The implementation of urban runoff program tasks is consistent with several policies of the Open Space and Conservation Element of the General Plan.
ENVIRONMENTAL REVIEW
In accordance with California Environmental Quality Act (CEQA), this project is categorically exempt under CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment.
Recommendation
Authorize the Interim City Manager to execute a Second Amendment for one year with NCE, in the amount of $95,375 with the option for two one-year extensions, for a total five year expenditure under the Agreement, as awarded, of $359,890 for Municipal Regional Stormwater Permit Compliance Support.
Respectfully submitted,
Liam Garland, Public Works Director
By,
James Barse, Program Specialist II
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Contract
2. First Amendment
3. Second Amendment