Agenda

Back to Calendar Return

Agenda Item 29.

City Council Meeting

Meeting Date:	06/16/2020
FROM:	Bill Gallardo

Subject:

Approve Agreement with Fuscoe Engineering, Inc. to Provide NPDES Stormwater Management Services

RECOMMENDATION

Approve the Agreement with Fuscoe Engineering, Inc. for NPDES Stormwater Management Services in the amount not-to-exceed $91,500; and
Authorize the City Manager to approve up to four (4) additional one (1) year extensions in an annual amount not-to-exceed $66,500.

BACKGROUND/DISCUSSION

The National Pollution Discharge Elimination System (NPDES) program is a federally mandated program under the Clean Water Act. The Clean Water Act prohibits the discharge of "pollutants" under the provisions of an NPDES permit. The City of Brea is a co-permittee on a regional Orange County NPDES permit along with the County of Orange and the rest of Orange County cities. The permit contains limits on discharging, monitoring and reporting requirements, and other provisions to ensure that the discharge does not negatively affect water quality. NPDES violation fines can reach $10,000 per day in the worst case.

On April 24, 2020, the City of Brea issued a Request for Proposals (RFP) to qualified firms to provide NPDES Stormwater Management Services in support of the NPDES program. On May 18, 2020, the City received proposals from the following two firms: Infrastructure Engineers and Fuscoe Engineering, Inc. (Fuscoe). Both firms met the general criteria outlined in the RFP to provide the NPDES management services for the City. However, staff selected Fuscoe based on their familiarity with the Orange County permit, their expertise working with other Orange County cities and their excellent past performance working for the City of Brea for the last 13 years. Fuscoe was selected based on qualifications as is required for professional services. For reference purposes only, Fuscoe’s proposed fee was $37,577 lower than Infrastructure Engineers.

The detailed scope-of-work is provided in Exhibit A of the Agreement. In summary, Fuscoe would provide the support and guidance over the following eight (8) tasks:

Program Management and Development
Municipal Activities Program
New Development/Redevelopment Program
Construction Program
Existing Development Program
Program Effectiveness Assessment
Stormwater Database Management
Industrial / Commercial Inspections (until Environmental Services Inspector position is filled)

This agreement is for NPDES management services and as-needed inspection services for FY 2020/21. The agreement has an option to add up to an additional four (4) years based on performance to be approved by the City Manager. Since the upcoming renewal of the OC NPDES Permit is expected to include additional regulations, staff strongly recommends having Fuscoe to assist Brea with compliance. Some of those new regulations that will have an impact include having the Municipal Separate Storm Sewer Permits (MS4) become more regional and watershed based and the incorporation of Total Maximum Daily Loads (TMDLs) such as Trash, Selenium, Metals, Nutrients into the MS4 Permits.

The proposed fee for the first year of this agreement is $91,500. This amount includes an estimated fee of $25,000 to perform as-needed inspection services while the Brea's Environmental Services Inspector remains vacant. Since the position is expected to be filled by FY 2021-22, the estimated amount is removed from years 2 through 5 as shown in Exhibit B of the agreement.

COMMISSION/COMMITTEE RECOMMENDATION

The Finance Committee reviewed this item at their June 9, 2020 meeting. Finance Committee emphasized that any future cost increases to the contract will need to be approved by the Finance Committee. Staff confirmed that this requirement is included at the end of Page 7 of the agreement.

FISCAL IMPACT/SUMMARY

Funds are available from the NPDES account using Stormwater Fees as the funding source. Plan checking services related to private development would be paid through the Cost Center funded by private developers. There is no General Fund impact.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Brian M. Ingallinera, Environmental Services Coordinator
Concurrence: Rudy Correa, Interim Water Superintendent
Tony Olmos, P.E., Public Works Director

Attachments
Agreement