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    3.    
Finance Committee
Meeting Date: 05/08/2018  
FROM: Bill Gallardo

Subject:
Amendment to Professional Services Agreement with Fuscoe Engineering, Inc. for Support Services Related to Compliance with Water Quality Regulations
RECOMMENDATION
Approve and execute Amendment to Professional Services Agreement in the amount of $35,500 and authorize the City Manager to approve an additional year in an amount not-to-exceed $35,500.
BACKGROUND/DISCUSSION

Fuscoe Engineering, Incorporated (FEI) has helped the City of Brea remain compliant with the National Pollution Discharge Elimination System (NPDES) program for over 11 years.  This is a federally mandated program under the Clean Water Act.  FEI has created an active inventory of Construction Sites, Industrial/Commercial Business, and Public Facilities.  Pursuant to NPDES federal requirements, FEI continues to assist with the classification of each facility as high, medium or low priority based on their pollution potential.  FEI has performed periodic inspections of inventoried facilities for violations of the City’s Water Quality Ordinance and provided management of the program during the time period.  The City’s stormwater database has assisted City staff in tracking these maintenance requirements.

With the assistance of FEI, the City has been able to remain in compliance with the MS4 Permit, which is a permit issued to the local government agency responsible for complying with the federal rules under NPDES.  The City of Brea has been successful in reducing the cost of the consultant over the last 11 years and now only uses their services for technical guidance on new permit development and assessment support of the overall program to remain in compliance with the permit.  Over the years, the City has been able to reduce FEI’s original contract from $131,000 to $29,500 per fiscal year by in-house staff performing more of the work.  However, with new permit requirements and regulations, the City will need to increase FEI’s contract to $35,500 per year. 

In May 2015, staff sent out a request for proposals for the NPDES Stormwater Management Services to four environmental firms.  FEI was the only firm that submitted a proposal.  In June 2015, City Council approved an agreement with FEI in the amount of $29,500 with the ability to extend for two (2) additional years.  Due to exceptional performance, FEI's contract was extended for two more years.  The current agreement expires on June 16, 2018.  Since the agreement only allowed for said extensions, City Council action is needed for any additional extensions.  If this amendment is approved, and an additional extension is granted in 2019, the total aggregate contract amount for the agreement plus all amendments shall not exceed $159,500 ($29,500 per year for first three years, plus $35,500 per year for the next two years).  

Staff feels confident in recommending approval of this amendment to agreement with FEI, given FEI’s exceptional performance and high customer service levels.  In addition to preparing the annual report, FEI’s expanded scope of work includes, but is not limited to: revising our Local Implementation Plan, technical guidance with NPDES permit compliance, NPDES Database upgrades/maintenance and review of Water Quality Management Plans (WQMP’s).  All of these services are needed to guide and keep the City in compliance with the NPDES Permit.

SUMMARY/FISCAL IMPACT
Since FEI has provided exceptional service over the past 11 years, and their proposed fee is fair and reasonable based on past comparisons, staff recommends approving and executing Amendment #4 to the Professional Services Agreement and authorizing the Purchasing Agent to issue as-needed purchase orders based on available budget appropriations for each fiscal year in which they occur.

Funds are available in the NPDES account using Stormwater Fees as the funding source.  There is no impact to the General Fund.
RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by:  Brian M. Ingallinera, Environmental Services Coordinator
Concurrence:  Tony Olmos, Public Works Director
Attachments
Amendment #4
NPDES Services-Fuscoe
PSA Fuscoe

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