For City Council Meeting [June 8, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Sean Grayson, Acting City Manager
FROM: Michael Tahan, Interim Public Works Director
Title
Request City Council to Approve a Professional Services Agreement with CASC Engineering and Consulting for Technical Consultant Services to Assist with the National Pollution Discharge Elimination System Program for a Three (3) Year Term at $201,345.27 Each Year for a Total of $604,035.81.
(ACTION)
Body
BACKGROUND
The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The CWA was based on laws enacted in 1948 and was then referred to as the Federal Water Pollution Control Act. The Act was significantly reorganized and expanded in 1972 and became known as the "Clean Water Act."
The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal and other facilities must obtain permits if their discharges go directly to surface waters.
The “CWA” establishes requirements for the discharge of urban runoff from the Municipal Separate Storm Sewer System (“MS4”) under the “NPDES” program. The Santa Ana Regional Water Quality Control Board (“RWQCB”) issued Permit Order No. R8-2010-0036 (“MS4 Permit”) to authorize the discharge of urban runoff from the collective San Bernardino County MS4s within the Region on January 29, 2010. This is the fourth MS4 permit issued to the area-wide San Bernardino County Storm Water Program (“area-wide MS4 program”) since the RWQCB issued the first permit in 1990 and regulates discharges from all MS4 facilities within the Santa Ana River Watershed in San Bernardino County. The MS4 Permit expired on January 28, 2015 and has been administratively extended by the Regional Board.
The MS4 Permit coverage includes the San Bernardino County Flood Control District (“District”), San Bernardino County (“County”) and sixteen municipal jurisdictions, including the City of Rialto. The District is the Principal Permittee, while the other jurisdictions are considered “Co-Permittees.” Although all Permittees work cooperatively to implement the area wide MS4 program, as a Co-Permittee the City of Rialto is ultimately responsible for compliance with the MS4 Permit within the City.
ANALYSIS/DISCUSSION
On March 2, 2021, the City released Request for Proposal (RFP) #21-028 requesting proposals from qualified professional firms to provide the City with Technical Consultant Services to assist with the National Pollution Discharge Elimination System (NPDES) Program within the City. A copy of the RFP and its addenda are included as Attachment 1.
The selected Consultant shall provide a variety of MS4/NPDES related services to the City on an as-needed/as-requested basis. Overall, the Consultant shall provide services which encompass all aspects of the NPDES program as it pertains to the Federal Clean Water Act, the Porter-Cologne Act, the statewide General Permits relating to Construction, Industrial, DeMinimus and all related regulations, policies, procedures and actions as implemented by the State Water Resources Control Board. Further, the Consultant shall support the City as it relates to the Waste Discharge Requirements for The County of San Bernardino and The Incorporated Cities of San Bernardino County, Under Santa Ana Regional Water Quality Control Board Order No. R8-2010-0036, NPDES No. CAS 618036, Area-wide Urban Storm Water Runoff Permit and any successor permits.
The City was looking for a Consultant that had a comprehensive understanding of the NPDES program and can provide the capacity to advise the City on policy issues, review, develop and update ordinances, resolutions, processes, Local Implementation Plans and procedures within the City, perform independent and systematic design and WQMP reviews and integrated inspection services as they relate to construction, commercial, industrial and residential sites, while ensuring the professional development and understanding of the City’s existing staff.
Further, the City desired a Consultant that could provide immediate and appropriate technical support to the City’s Development, Administration, Finance and Engineering staffs in order to ensure that the City has a comprehensive, integrated program that dovetails with other programs such as water conservation, landscape maintenance, water and wastewater operations.
In accordance with California Government Code Section 4562 and Chapter 2.48.440 of the Rialto Municipal Code, local agencies shall select firms providing professional services on the basis of demonstrated competence and on the professional qualifications necessary for satisfactory performance of the services required.
On March 30, 2021, the City received four (4) proposals in response to the RFP from the following firms (in alphabetical order):
1. CAA Charles Abbott Associates (Mission Viejo, CA)
2. CASC Engineering and Consulting (Colton, CA)
3. Interwest Consulting Group, Inc. (Ontario, CA)
4. Lynn Merrill and Associates, Inc. (Redlands, CA)
In accordance with the LAPM, state law (California Government Code Section 4526) and Chapter 2.48.440 of the Rialto Municipal Code, the City Council must make the selection for professional services based on the firm’s demonstrated competence and professional qualifications in accordance with specific evaluation criteria identified in the RFP.
According to the LAPM, the evaluation panel should be familiar with the project scope and with the local agency standards. With this in mind, the City assembled an evaluation panel consisting of the following representatives to review the submitted proposals and to conduct interviews:
• Thomas Crowley, Utilities
• Daniel Casey, Community Development
• Jeffrey Schafer, Public Works
• Michael Tahan, Public Works
The City held formal interviews with two (2) firms on April 29, 2021. For the formal interviews, the panel asked proposers to prepare a 10-minute presentation in support of their proposals and to address the approach and methodology their firm would take in accomplishing the scope of work and any expectations of the City Rialto.
Based on the submitted proposals, demonstrated experience and formal interview presentations, the evaluation panel concluded that CASC Engineering and Consulting (CASC) was the most qualified firm for the program development and implementation. CASC will provide a comprehensive approach to the program. The consultant demonstrated a thorough understanding of the City’s needs and expectations.
Staff reviewed and negotiated the scope of services and cost proposal provided by CASC and found them to be appropriate for the tasks requested. The rate schedule is included as Exhibit “C” to the Professional Service Agreement. A copy of CASC’s proposal is included as Attachment 2. A copy of the proposed Agreement is included as Attachment 3. The signed Disclosure Statement is included as Attachment 4.
The PSA with CASC will be for a three (3) year term at a standard rate of $201,345.27 per year. Upon successful completion of the third year, the City may exercise the extensions for year four (4) and five (5) of the agreement with a 3% increase for each year’s extension of the approved contract.
ENVIRONMENTAL IMPACT
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
The City of Rialto General Plan establishes various guiding principles, goals and objectives through which the City looks to improve the community and protect the quality of life for our residents. This action is consistent with Guiding Principle 3A in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
Approval of this action complies with the City of Rialto General Plan Goals and Policy:
Goal 5-4: Protect the health and welfare of the public, environment, and economy by providing for the safe and responsible management of hazardous materials and wastes.
Policy 5-4.1: Continue to identify hazardous material users and generators within the City through the use of field surveys, inspection programs, and licensing requirements.
Policy 5-4.2: Coordinate City enforcement efforts with San Bernardino County, the California Department of Health Services, the Regional Water Quality Control Boards, and the Air Quality Management District, for the management and disposal of hazardous wastes.
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report and Professional Services Agreement.
FINANCIAL IMPACT
Operating Budget Impact
Pending the 2021-2022 budget approval, funding for the Technical Consultant Services to assist with the NPDES Program will be available in Account No. 212-500-7313-2011 in the amount of $220,000. Funding for the additional contract years will be budgeted during the subsequent fiscal years’ budget process.
Capital Improvement Budget Impact
There is no financial impact to the capital improvement budget associated with the approval of this item.
Licensing
Prior to execution of the Professional Service Agreement, the vendor shall submit a business license application and pay a Business License tax at the rate of $279, as well as Administration and State fees.
RECOMMENDATION
Staff recommends that the City Council Approve a Professional Services Agreement with CASC Engineering and Consulting for Technical Consultant Services to Assist with the National Pollution Discharge Elimination System Program for a three (3) year term at $201,345.27 each year for a total of $604,035.81.