EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: June 20, 2023
TO: Honorable Mayor and Members of the City Council
VIA: Melvin E. Gaines, City Manager
BY: Batool Zaro, Associate Engineer
Humza Javed, Public Works Director
SUBJECT: Professional Services Contract for NPDES Compliance Services Recommendation
Adopt a resolution authorizing the City Manager to execute a professional services contract with Stone Creek Environmental Consulting in a form approved by the City Attorney, in the amount not-to-exceed $132,880 per year for a period of three years to provide National Pollutant Discharge Elimination System (NPDES) compliance services for the City.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Promote Health and Public Safety
Background
The City of East Palo Alto is subject to the requirements of the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit Order No. R2-2022-0018. NPDES Permit No.
CAS612008 (MRP 3.0).
The City engages in collaborative efforts to implement MRP 3.0 through the San Mateo Countywide Water Pollution Prevention Program (SMCWPPP). The SMCWPPP was established in 1990 to reduce the pollution carried by stormwater into local creeks, San Francisco Bay and the Pacific Ocean. The SMCWPPP operates with a Board, various committees and workgroups to plan and implement water quality compliance projects for compliance with MRP 3.0. Participation in this collaborative effort is essential to the City’s compliance with MRP 3.0.
Analysis
The Public Works Department is responsible for complying with MRP 3.0 and has continued to implement the various programs in order to remain in compliance with MRP 3.0. For the past two years, the City has been unable to maintain persistent staffing to implement MRP 3.0 due to staff being on and off of leave. Because of the incumbents right to return to work, the City cannot recruit a new staff member to fill this role without adding an additional full-time equivalent (FTE) position. Thus, the City seeks to hire a contractor to support and fulfill the vital responsibilities of the NPDES program. A number of other cities in the Bay Area have similar contracts with consultants to run their NPDES programs.
Accordingly, the City issued a request for qualifications (RFQ) on May 18, 2023 with a deadline to receive proposals by June 2, 2023. The engineering staff published the RFQ on the City website and forwarded the RFQ to multiple firms. The City received one (1) proposal from Stone Creek Environmental Consulting (Stone Creek).
The proposal was reviewed by engineering staff. Stone Creek meets all the qualifications of the proposal and is being recommended for selection. Staff negotiated the annual contract cost down from $149,975 to $132,880.
Stone Creek is a leading firm providing stormwater management services, specializing in municipal stormwater management, permit compliance, and reporting. The key personnel with Stone Creek Environmental Consultant are assigned to work on this contract for East Palo Alto. These staff members have prior experience working with the State of California North Coast Regional Water Quality Control Board with primary responsibilities including managing the National Pollutant Discharge Elimination System (NPDES) stormwater program. The staff are active participants in State-Wide Stormwater Initiatives and Program Development as a member of the California Stormwater Quality Association, member of the Center for Wastewater Protection, Participant in the Bay Area Stormwater Manager Phase II Permit Subcommittees, Bay Area Municipal Stormwater Collaborative and are Certified Professional in Municipal Storm Water Management through EnviroCert International.
Through this contract, Stone Creek would assist the City with planning and implementation of tasks necessary for compliance with MRP 3.0, including utilizing and participating in SMCWPPP committees and work groups as City representatives. The scope of the contract includes but is not limited to:
• Project Management
• Compliance Collaboration and Coordination
• Annual Reporting
• Green Infrastructure Program
• Business Stormwater Inspection Plan
• Construction Site Inspections for BMPs
• New Development O&M Inspections
• Long term Trash Reduction Plan
• NPDES Compliance Related Professional Support Services The scope of work is included as Attachment 2. Upon contract award and execution, Stone Creek will review the City’s existing program and expedite completion of the NPDES annual report which is due to the SFBRWQCB by September 30, 2023.
Fiscal Impact
Staff recommends utilizing salary and other budget savings which are projected to be approximately $200K in the FY2022-23 Environmental Services budget in the General Fund and NPDES Fund. No additional appropriation is required. .
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City’s official bulletin board outside City Hall and making the agenda and report available at the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.
Environmental
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Repair, maintenance and/or minor alteration of an existing facility) and Sections 15303 (construction and location of limited numbers of new, small facilities or structures).
Attachments
1. Resolution
2. Proposal
3. EPA Standard Agreement Contractor and Professional Services Agreement