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C. 12
To: Board of Supervisors
From: Julia R. Bueren, Public Works
Date: December  11, 2012
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Approve a Consulting Services Agreement with Brown and Caldwell

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   12/11/2012
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Tracy Hein, 925-313-2194
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     December  11, 2012
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, on behalf of the Contra Costa Clean Water Program (CCCWP), to execute a Consulting Services Agreement with Brown and Caldwell, in an amount not to exceed $106,960, for a Hydromodification Management Plan (HMP) Model Calibration and Validation Project mandated by National Pollutant Discharge Elimination System (NPDES) Permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards. Countywide. (100% Cities and County Stormwater Utility Fee Assessments) Project No. 7519-6X7641.

FISCAL IMPACT:

The cost is estimated to be $106,960; and, shall be funded by stormwater utility fee assessments collected by the Cities/Towns and County, proportional to their respective populations.


BACKGROUND:

The Contra Costa Clean Water Program (CCCWP) consists of Contra Costa County, its 19 incorporated cities/towns, and the Contra Costa County Flood Control and Water Conservation District (District), hereinafter referred to as “Permittees.”   
  
In November 1990, the United States Environmental Protection Agency (USEPA) published final stormwater rules implementing the 1987 federal Clean Water Act (CWA) amendments, which established, among other things, a framework for regulating municipal stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) Permit Program. The rules prohibit the discharge of pollutants in stormwater unless the discharge is in compliance with a NPDES permit. In response, the Permittees jointly established the CCCWP in 1991 through a Program Agreement, and jointly applied for, and were subsequently issued joint Municipal NPDES Permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards (Water Boards). The Municipal NPDES Permits are reissued approximately every five years.   
  
The permits mandate Permittees to develop and implement stormwater pollution prevention and control programs designed to reduce or eliminate the discharge of pollutants into and from municipal separate storm sewers (MS4s). Permittees conduct many of these mandated activities collectively (referred to as “Group Activities”). The roles and responsibilities of the CCCWP and Permittees are outlined in the Program Agreement, which was last updated and adopted by all Permittees in June 2010. In accordance with the Program Agreement, each city/town/County/District manager designates one representative to participate on a Management Committee, which is the CCCWP’s decision-making body. The Management Committee has directed that certain requirements of the Municipal NPDES Permits, such as stormwater quality and pollutants of concern monitoring, special studies, and pilot projects be coordinated, implemented and funded as a Group Activity.   
  
The CCCWP developed, and the Water Boards adopted the CCCWP's HMP in 2006. That adoption included a requirement to conduct model calibration and validation monitoring to verify the efficacy of the HMP. Brown and Caldwell assisted the CCCWP in the development of the adopted HMP, and are uniquely qualified to assist in the implementation of the required model calibration and validation monitoring project.   
  
CCCWP staff, on behalf of the cities/towns, the County, and the District, respectfully requests approval of this Consulting Services Agreement with Brown and Caldwell to implement the required HMP model calibration and validation monitoring project for the remainder of Fiscal Year (FY) 2012/13, all of FY 2013/14, and part of FY 2014/15 (November 1, 2012-December 31, 2014).  

CONSEQUENCE OF NEGATIVE ACTION:

If the Consulting Services Agreement with Brown and Caldwell is not approved, the CCCWP would not be able to fulfill the permit mandates, and municipalities could be found in non-compliance with the NPDES permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards. Fines totaling $10,000 per day and $10 per gallon of stormwater discharge could potentially be imposed.

CHILDREN'S IMPACT STATEMENT:

Not applicable.

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