REPORT TO COUNCIL
SUBJECT
Title
Amend an Existing Four (4) Year Service Agreement with EOA Inc., to Add $100,000 for a Total Not to Exceed Amount of $330,351 for Fecal Indicator Bacteria Monitoring and Source Identification. (F24-190) and Make a Finding of California Environmental Quality Act (CEQA) Exemption Pursuant to CEQA Guidelines Section 15308.
Report
REPORT IN BRIEF
Approval is requested to amend an existing four (4) year service agreement with EOA, Inc. of Oakland for fecal indicator bacteria monitoring and source identification. Specifically, Council approval is recommended to authorize the City Manager to take the following actions:
- Increase the not-to-exceed contract amount of $230,351 to add $100,000, for a new not-to-exceed contract amount of $330,351;
- Approve a 10% contingency in the amount of $33,035;
- Authorize the City Manager to increase the contract subject to the available budget and if pricing remains favorable to the City;
- Authorize the City Manager to extend the original contract for up to one (1) additional year based upon available funding, need, and acceptable pricing and service.
EXISTING POLICY
Pursuant to Section 2.08.040 of the Sunnyvale Municipal Code, Council approval is required for the procurement of goods and/or services greater than $250,000 in any one transaction.
ENVIRONMENTAL REVIEW
This project is categorically exempt from California Environmental Quality Act review pursuant to Section 15308 of the CEQA Guidelines because it is an action taken by a regulatory agency authorized by state or local law to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment.
BACKGROUND AND DISCUSSION
The City stormwater system operates under the National Pollutant Discharge Elimination System (NPDES) Municipal Regional Stormwater Permit (MRP) issued by the Regional Water Quality Control Board. The MRP’s core purpose is to minimize pollutants from storm systems into local creeks, channels, and the San Francisco Bay.
Provision C.14.a of the current permit contains a requirement for the cities of Sunnyvale and Mountain View to evaluate sources of bacteria and implement programs to address bacteria discharges. The two cities have jointly submitted the Fecal Indicator Bacteria Monitoring and Source Identification Program Plan (Plan), which outlines steps for investigating potential sources of bacteria. Implementation of the Plan is being conducted by EOA, Inc, in cooperation with City staff, under PA0001084.
After completing the initial steps of the water quality monitoring and special studies outlined in the Plan, more investigative work is required to determine the sources of dry weather storm system flows and bacteria discharges. As staff has gained experience in this new type of investigation, it is apparent that the work is iterative and will often require multiple rounds of monitoring to support source identification. This change order would add $100,000 to Task 5.5 of the contract, add a 10% contingency for the entire contract ($33,035), and authorize the City Manager to amend the agreement to further implement the plan based on study progress and findings, contingent upon on available funding and the City's satisfaction with the contractor's rates and services. EOA’s quote for the additional Task 5.5 work (Attachment 1) outlines the various tasks that might be needed to support additional monitoring and investigative work. As monitoring and investigative work is identified, EOA will submit detailed task order quotes to be approved by Sunnyvale staff.
FISCAL IMPACT
Funds are available in the Operating Budget under Program 14701 - Stormwater Permit Implementation (funded by the General Fund) and in Project 835450 - Stormwater-Wastewater Bacteria Control Program (funded by the Wastewater Enterprise Fund and General Fund). Future funding needs will be considered as part of the next Projects Budget cycle.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
1. Authorize the City Manager to execute the amendment to the existing four (4) year service agreement with EOA Inc., in substantially the same form as Attachment 1 to the report, increasing the not-to-exceed amount by $100,000 for a new not-to-exceed total amount of $330,351;
2. Approve a 10% contingency in the amount of $33,035;
3. Authorize the City Manager to execute the contract amendment when all necessary conditions have been met;
4. Authorize the City Manager to increase the contract subject to the available budget and if pricing remains favorable to the City; and
5. Authorize the City Manager to extend the original contract for up to one (1) additional year based upon available funding, need, and acceptable pricing and service.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $250 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
A check or “Y” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract
___ Labor or personal employment contract
_ x_General policy and legislative actions
Staff
Prepared by: Jaime Hernandez, Management Analyst
Reviewed by: Tim Kirby, Director of Finance
Reviewed by: Ramana Chinnakotla, Director of Environmental Services
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Draft Amendment
2. Project 835450 - Stormwater-Wastewater Bacteria Control Program