REPORT TO MAYOR AND CITY COUNCIL

Transcription

1 REPORT TO MAYOR AND CITY COUNCIL AGENDA ITEM NO._2.b_ TO THE HONORABLE MAYOR AND CITY COUNCIL: DATE: February 14, 2012 SUBJECT: APPROVE A MASTER AGREEMENT WITH KENNEDY & ASSOCIATES FOR PROFESSIONAL SERVICES TO PROVIDE INTERIM ENGINEERING MANAGERIAL SERVICES AND CITY SURVEYOR SERVICES; AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT (STORM WATER & GENERAL FUNDS) Report in Brief The proposed Master Agreement for Professional Services authorizes Kennedy & Associates to continue to serve as the Interim Current Development Manager and Interim Storm Water Manager, as well as providing City Surveyor services. This Agreement for Professional Services will be paid by Storm Water and General Funds. Staff recommends that the City Council approve a Master Agreement with Kennedy & Associates in the amount of $150,000 for professional services as described above, and authorize the City Manager to execute the agreement. Background Since June 2010, Kennedy & Associates has filled the positions of Interim Current Development Manager and City Surveyor for the City of Concord. The Current Development Manager duties include review and inspection of development plans for compliance with applicable engineering standards, codes and laws; administration of the City s Grading Ordinance, Floodplain Management Ordinance, and Encroachment Ordinance; and oversight of the day to day operations for Current Development staff. The Current Development Manager also serves as the Storm Water Manager, as these two positions were merged into one position in FY The Storm Water duties include representing the City in the Contra Costa Cleanwater Program by serving on three committees and implementation of the countywide NPDES permit. Over the last several months, the recruitment process for a full-time permanent Current Development Manager has been underway. Staff hopes to have the position filled by mid-march, 2012 at which point Kennedy and Associates will no longer be serving as this function. The City Surveyor position was left vacant with the retirement of Alex Pascual, the Director of Public Works & Engineering and City Engineer, on June 25, City Surveyor services include reviewing and approving new subdivision maps. According to Section 6731 of the 2010 Professional

2 APPROVE A MASTER AGREEMENT WITH KENNEDY & ASSOCIATES FOR PROFESSIONAL SERVICES RELATED TO PROVIDING INTERIM ENGINEERING MANAGERIAL SERVICES AND CITY SURVEYOR SERVICES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT February 14, 2012 Page 2 Engineers Act, only a licensed Land Surveyor or Civil Engineer registered prior to January 1, 1982 with a license number below C33966 can review and approve Parcel and Final Maps for development. No one currently on staff meets these state mandates. The purpose of a Master Agreement is to simplify and accelerate the professional services delivery for contracts by providing a single Master Agreement each year, and then processing individual task orders, which are project-specific, during the year. This process allows for efficiencies because the City pre-identifies a qualified professional service provider for specific work efforts and then defines the specific work program and payment in a manner consistent with the master agreement through the task order, which is a simpler and less time consuming process than creating an individual contract each time. Discussion CMC Chapter 2, Article VIII provides that Professional Services Agreements do not need to be competitively bid. Kennedy & Associates has successfully performed the required responsibilities assigned to the vacant Current Development Manager, Interim Storm Water Manager and City Surveyor positions. Frank Kennedy of Kennedy and Associates has provided invaluable services over the last approximately 19 months. In the Current Development division, he was able to quickly familiarize himself with several senior level review projects (the proposed annexation of two areas in the Ayers Ranch development, review of the floodplain study along Galindo Creek, implementation of new state Construction General Permit (CGP), National Pollutant Discharge Elimination System (NPDES) and Municipal Regional Permit (MRP) requirements, and implementation of court-imposed requirements on the Kerr Property, etc.) Mr. Kennedy, the president of his firm, has him fifteen years of directly related experience as the City Engineer for Walnut Creek, followed by ten years of municipal consulting for engineering services. He is knowledgeable in the Subdivision Map Act, Permit Streamlining Act, government codes, as well as typical practices and standards in municipal engineering. Kennedy and Associates previous contract will expire soon. Staff estimates that Interim Current Development Manager services will be needed part-time (approximately 30 hours/week) until mid-march when staff plans to permanently fill the position. Interim Storm Water Manager services will be needed part-time (approximately 30 hours/week) through the end of FY while Mr. Kennedy completes the City s Annual Storm Water Report. The Annual Report will then be performed by the permanent Current Development Manager. City Surveyor services will be needed on an ongoing basis to processdevelopment maps. Mr. Kennedy proposes to provide these various services for an amount not to exceed $52,940 (Attachment 1). The remaining balance of the proposed $150,000 Master Agreement will be available for any future work for the duration of the contract period. The City Engineer will continue to monitor workloads, and will adjust the level of consultant services as appropriate to ensure Current Development is managed cost effectively. If, for any period of time it is determined that consultant services are no longer necessary, they will discontinued.

3 APPROVE A MASTER AGREEMENT WITH KENNEDY & ASSOCIATES FOR PROFESSIONAL SERVICES RELATED TO PROVIDING INTERIM ENGINEERING MANAGERIAL SERVICES AND CITY SURVEYOR SERVICES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT February 14, 2012 Page 3 The City Council s approval of the Master Agreement authorizes staff to assign projects to Kennedy & Associates under the Agreement. It further authorizes staff to develop and approve Task Orders for each project, within the limits set in the Master Agreement (discussed below). Staff will negotiate a contract based on the scope of work, schedule and compensation. The Master Agreement contract will be executed through a Task Order. After approval of the contract by staff, the consultant will proceed with the requested work. Under this proposed Master Agreement, the City Engineer is authorized to approve up to $50,000 for a Task Order, and the City Manager is authorized to approve up to $75,000. Task Orders with compensation more than $75,000 will be brought to the City Council for consideration. The Agreement will expire on June 30, 2013, with the option for a one-year extension. Each Task Order requires review and approval by the City Attorney and the Finance Department. Under the Agreement, the total not-to-exceed cost of these services is $150,000 per year. Fiscal Impact The City Attorney s Office has reviewed the proposed Master Agreement. The Storm Water Manager duties are offset by Storm Water Enterprise funds and are estimated at $30,820. The $22,120 remainder of the task order will be paid by General Fund. A small percentage of the consultant engineering services provided by Kennedy & Associates will be offset by developer fees. All City Surveyor service fees, estimated at $20,000 will be offset by developer review fees. Public Contact The City Council Agenda was posted. Recommendation for Action Staff recommends that the City Council approve a Master Agreement with Kennedy & Associates in the amount of $150,000 for professional services to provide Interim Engineering Managerial Services and City Surveyor Services, and authorize the Interim City Manager to execute the agreement. Prepared by: Danea Gemmell, PE City Engineer danea.gemmell@ci.concord.ca.us Valerie Barone Interim City Manager vbarone@ci.concord.ca.us Reviewed by: Victoria Walker Dir. of Comm. and Econ. Development victoria.walker@ci.concord.ca.us Attachment 1 Master Agreement with Kennedy & Associates

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