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CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: February 14, 2006

Subject/Title: Adopt a Resolution approving a contract amendment with Robertson-Bryan, Inc. for conducting a temperature study and assisting in obtaining a NPDES permit renewal for the Wastewater Treatment Plant in an amount not-to-exceed $117,586 and authorizing the City Manager to execute said amendment and related change order documents.

Prepared By: David Stoops, Wastewater Operations Manager

Submitted By: Paul Zolfarelli, Director of Public Works

RECOMMENDATION
Adopt a Resolution approving a contract amendment with Robertson-Bryan, Inc. for conducting a temperature study and assisting in obtaining a NPDES permit renewal for the Wastewater Treatment Plant in an amount not-to-exceed $117,586 and authorizing the City Manager to execute said amendment and related change order documents.

PREVIOUS ACTION
On January 11, 2005, by Resolution No. 2005-7, City Council authorized the City Manager to execute purchase orders or contracts for the not-to-exceed dollar amounts for a list of vendors.

On June 14, 2005, by Resolution No. 2005-135, City Council authorized the City Manager to execute a contract amendment to increase the total contract amount and to extend the date and scope of work for Robertson-Bryan, Inc. to continue to assist the Wastewater Division in conducting a temperature study and assisting in obtaining a NPDES permit renewal for the plant.

On January 24, 2006, by Resolution No. 2006-7, City Council approved the 2005/06 Operating budget and the recommended mid-year budget adjustments.

BACKGROUND
The City contracted with Robertson-Bryan, Inc. for an original contract amount of $34,811 in May 2004 to assist in developing a study that would identify the effect on aquatic life caused by the Wastewater Treatment Plant’s effluent discharge temperature exceeding a five degree temperature increase in Marsh Creek. The temperature study work performed by Robertson-Bryan, Inc. was completed in January 2006. After the initial study was presented to staff of the Central Valley Regional Water Quality Control Board (RWQCB) it was determined there was a need to obtain more historical data to support the temperature study. The additional work is now being conducted in house and will continue until sufficient data is obtained. Staff believes the initial consulting work done by Robertson-Bryan, Inc. was crucial in presenting the professional and scientific approach that met the criteria set by the Regional Board.

Staff believed that Robertson-Bryan’s expertise and positive rapport with the RWQCB would be valuable in obtaining our renewed NPDES permit. Staff determined that the Scope of Services provided by Robertson-Bryan, Inc. should be amended to include consulting services to assist in the NPDES permit renewal process. City Council approved an increase in the contract amount for Robertson-Bryan, Inc. by $42,775 on January 11, 2005 by Resolution No. 2005-7 in an amount not to exceed $77,586 to cover what was anticipated to be the total cost needed for technical expertise in obtaining a NPDES permit renewal. City staff executed Amendment One to Agreement for Professional Services of Robertson-Bryan, Inc. on June 14, 2005 for an amendment to the Scope of Services, the Term and total dollar amount of the Agreement.

Due to the complexity associated with the renewal process the RWQCB is requiring additional work. Regional Water Quality Control Board staff has identified additional constituents that would be included in our permit. City of Brentwood staff is working with Robertson-Bryan, Inc. to determine the best approach for dealing with the RWQCB’s proposals and ensuring that the City of Brentwood can meet these requirements associated with these constituents in a timely and cost effective manner. A portion of this work requires additional work from Robertson-Bryan, Inc. Staff is now requesting Amendment Two adding an additional $40,000 to the Scope of Services for a total amended amount of $82,775 and a total contract amount of $117,586.

Extending the term of the Agreement and increasing the total contract amount as outlined in the attached Amendment Two to Agreement for Professional Services of Robertson-Bryan, Inc. will enable the City to continue and complete the effort in obtaining a NPDES permit renewal as required by the Regional Water Quality Control Board for the highly treated effluent currently being discharged from the Wastewater Treatment Plant. It should be noted that our current permit expired in July 2005. City of Brentwood staff has been working to expedite the permit, but are also making every attempt to protect the City from onerous requirements.

The following is a breakdown of the Professional Services Agreement:

• Original Contract: $34,811 for the temperature study
• Amendment One: $77,586 (an increase of $42,775) for permit renewal work; extension of the Term
• Amendment Two: $117,586 (an increase of $40,000 over Amendment One) for further permit renewal work

FISCAL IMPACT
The total contract amount, not-to-exceed $117,586 will be funded through the Wastewater Enterprise Fund 2005/06 Operating Budget. The funds allocated are anticipated to be sufficient for work associated with the normal permitting process. Staff would like to note the process of obtaining the NPDES Permit Renewal can be dynamic in nature due to newly promulgated Federal and State regulations and the length of time associated with the process. We anticipate that the permit will be implemented in mid-calendar year 2006.

Attachments:
• Resolution
• Amendment Two to Agreement for Professional Services

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A CONTRACT AMENDMENT WITH ROBERTSON-BRYAN, INC. FOR CONDUCTING A TEMPERATURE STUDY AND ASSISTING IN OBTAINING A NPDES PERMIT RENEWAL FOR THE WASTEWATER TREATMENT PLANT IN AN AMOUNT NOT-TO-EXCEED $117,586 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT AND RELATED CHANGE ORDER DOCUMENTS.

WHEREAS, on May 17, 2004, the City entered into a Professional Services agreement with Robertson-Bryan, Inc. in the amount of $32,811 for resolving Marsh Creek temperature compliance issues; and

WHEREAS, on January 11, 2005, by Resolution No. 2005-7, City Council authorized the City Manager to execute purchase orders or contracts for the not-to-exceed dollar amounts for a list of vendors; and

WHEREAS, on June 14, 2005, by Resolution No. 2005-135, City Council authorized the City Manager to execute a contract amendment to increase the not to exceed dollar amount as authorized by Resolution 2005-7 and to extend the date and scope of work for Robertson-Bryan, Inc. to continue to assist the Wastewater Division in conducting a temperature study and assisting in obtaining a NPDES permit renewal for the plant; and

WHEREAS, on January 24, 2006, by Resolution No. 2006-7, City Council approved the 2005/06 Operating budget and the recommended mid-year budget adjustments; and

WHEREAS, the City has an existing agreement for consulting services for an effluent temperature study and have appropriated monies for the additional scope of services with Robertson-Bryan, Inc.; and

WHEREAS, Robertson-Bryan, Inc. specializes in effluent temperature studies and NPDES permit renewals; and

WHEREAS, the City requires additional consulting services for the mitigating effluent discharge temperature study and NPDES permit renewal; and

WHEREAS, the funds associated with this Agreement Amendment are allocated through the Wastewater Enterprise Fund 2005/06 Operating Budget; and

WHEREAS, the requested change order documents are in compliance with the Purchasing Policy.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby:

1. Approve a contract amendment (Amendment Two) to extend the date and scope of work for Robertson-Bryan, Inc. to continue to assist the Wastewater Division in conducting a temperature study and assisting in obtaining a NPDES permit renewal for the Wastewater Treatment Plant; and

2. Authorize the City Manager to execute Amendment Two and related change order documents.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of February 2006 by the following vote:
 

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