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RESOLUTION NO. 2015-243 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND D-MAX ENGINEERING INC. FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DRY WEATHER MS4 OUTFALL DISCHARGE MONITORING SERVICES AND AUTHORIZING THE CITY MANAGER TO APPROVE UP TO THREE ONE-YEAR EXTENSIONS TO SAID AGREEMENT
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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.
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SUMMARY
The City of Chula Vista is required to perform Dry Weather MS4 (Municipal Separate Storm Sewer Systems) outfall discharge monitoring (Provision D.2.b; RWQCB, 2013) to identify, prioritize, control and monitor the non-storm water and illicit discharges within its jurisdictions. Such monitoring includes but is not limited to field screening, field monitoring, field sampling and laboratory testing and analysis and trash assessment monitoring at identified locations throughout City. Due to the expertise and specialized equipment necessary to perform these services, it is necessary to retain an outside consultant. Proposals were requested from qualified engineering and environmental consulting firms. Two proposals were received, and staff has determined that D-Max Engineering, Inc. was the most qualified.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the State CEQA Guidelines because the approval of the agreement is for Dry Weather MS4 Outfall Monitoring Services. Thus, no further environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
In May 2013, the San Diego Regional Water Quality Control Board (RWQCB) Order No. R9-2013-0001, as amended by Order No. R9-2015-0001 (Municipal Permit) National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirement for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds within the San Diego Region was adopted. The Municipal Permit requires the City to perform dry weather MS4 outfall monitoring to identify non-storm water and illicit discharges within its jurisdiction pursuant to Provision E.2.c, and to prioritize the dry weather MS4 discharges that will be investigated and eliminated pursuant to Provision E.2.d.
Due to the expertise and specialized equipment necessary to perform Dry Weather MS4 outfall discharge monitoring services, staff considered it necessary to retain an outside consultant and requested proposals from qualified engineering and environmental consulting firms. In accordance with City Purchasing Guidelines, on August 07, 2015, the Public Works Engineering Department advertised a Request for Proposal (RFP) for consultant services to conduct Dry Weather MS4 Outfall Discharge Monitoring Services for Fiscal Years 2015-2016 and 2016-2017. The following two consultants submitted proposals:
• D-Max Engineering, Inc.
• TRC Solutions, Inc.
The Director of Public Works approved the recommended list of consultant selection committee members listed below:
• Boushra Salem, Principal Civil Engineer
• Muna Cuthbert, Senior Civil Engineer
• Marisa Soriano, Environmental Health Specialist
After careful consideration of consultant qualifications and experience, and based on a scoring system developed for this purpose, the Selection Committee determined that D-MAX Engineering, Inc. (D-MAX) was the most qualified firm. D-MAX has significant experience in municipal dry weather monitoring; has adequate resources to complete the work; is familiar with the City’s drainage system from previous years as the City’s Dry Weather Monitoring Consultant; has provided storm water services to the City in an efficient and timely manner and has helped the City maintain compliance with Municipal Stormwater Permit requirements.
Staff recommends that D-MAX be retained to perform Dry Weather MS4 outfall discharge monitoring services for the City of Chula Vista.
The Scope of Services as outlined in the Request for Proposals and detailed in the Agreement consists of four major components as follows:
1. Deliverable 1 - Dry Weather MS4 Outfall Monitoring Services
2. Deliverable 2 - Source Identification Upstream Investigations
3. Deliverable 3 - As- needed Monitoring
4. Deliverable 4 - Reports
While quantities for Deliverables 1 and 4 are fixed and known, those for Deliverables 2 and 3 are dependent upon unforeseeable factors, including the number of pollutant observations and difficulty of source identification. For this reason, a Not-to-Exceed amount has been set for Deliverables 1 and 4, and an estimated budget has been anticipated to cover the costs for Deliverables 2 and 3.
In addition to the above work, the Scope of Work includes upstream investigations and as-needed monitoring that will be compensated based on actual time and materials and according to unit rates included in the Agreement. The amount of time and materials for upstream and as-needed investigations are not known at this time, but any work in this category requires prior approval by the City. An estimated budget of $40,000 is anticipated for upstream investigations and as needed monitoring (Deliverables 2 and 3).
By approving this resolution, the City Council authorizes the Mayor to sign the Agreement on behalf of the City with D-Max Engineering, Inc. to perform Dry Weather MS4 outfall discharge monitoring services on an hourly rate/unit cost basis for a total fee, which will not exceed $49,900 in either Fiscal Year 2015-2016 or Fiscal Year 2016-2017 (Deliverable 1 and 4).
The initial agreement will be for two years from November 2015 to June 30, 2017. Provisions are included allowing the agreement to be extended, at the City’s sole discretion, for three additional one-year terms. Unit rates for all tasks will increase by 2% annually for each of the additional year. Agreement extensions will be approved by the City Manager. The possible extension of the agreement for up to three years was included in the RFP and the proposed agreement to encourage better hourly rates and unit costs, to avoid the time-consuming selection process each year, and to maintain continuity in the overall program. Approval of the proposed resolution will authorize the City Manager to extend the agreement for up to three years, depending upon satisfaction with the consultant’s work and available funding in future budgets. It is anticipated that the fee for future said programs will be programmed as part of the City’s Fiscal Year NPDES program budgets.
Failure to comply with any aspect of the City’s NPDES Municipal Permit may expose the City to enforcement action by the Regional Board or third-party lawsuits.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18705.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Approving an agreement with D-Max to perform Dry Weather MS4 outfall discharge monitoring services supports Operational Excellence as it allows the City to identify, prioritize, control and monitor the non-storm water and illicit discharges of pollutants to its municipal separate storm sewer system (MS4) receiving waters within the San Diego Bay Watershed Management Area within its jurisdictions.
CURRENT YEAR FISCAL IMPACT
Funds to cover dry weather monitoring costs for FY2015-2016 have been included in the Public Works budget for Fiscal Year 2015-2016. Therefore, no appropriation is required.
ONGOING FISCAL IMPACT
Fiscal impact for each Fiscal Years 2015-2016 and Fiscal Year 2016-2017 will not exceed $49,900 for Deliverable 1 and 4 and estimated budget of $40,000 for Deliverable 2 and 3. If the agreement was extended for three additional one-year terms, at the City’s sole discretion, unit rates for all tasks will increase by 2% annually for each of the additional years. Funds required to cover dry weather monitoring costs for each additional year will be programmed as part of the City’s Public Works budget for Fiscal Years 2017-2018, 2018-2019 and 2019-2020 as part of the normal budget process.
ATTACHMENTS
Agreement with D-MAX Engineering, Inc.
Staff Contact: Boushra Salem, Senior Civil Engineer, Department of Public Works