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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: June 27, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. Four to the Professional Services Agreement with William J. Silva, P.E., for transportation engineering services.

Prepared by: Public Works: B. Scott

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. Four to the Professional Services Agreement with William J. Silva, P.E., altering the Agreement’s scope of work to provide Development Engineering Services (in lieu of Transportation Engineering Services) and increase the fee from $80.00 per hour to $90.00 per hour, for the Engineering Division of the Public Works Department including, but not limited to, plan check and other related services, for the City of Brentwood on an as-needed basis through December 31, 2006.

PREVIOUS ACTION
On August 19, 2004, the City of Brentwood entered into a Professional Services Agreement with William J. Silva, P.E., to obtain Transportation Engineering Services on an as-needed basis through December 31, 2004.

On December 20, 2004, Amendment One to the Professional Services Agreement with William J. Silva, P.E., was entered into to extend the contract termination date until June 30, 2005, for Transportation Engineering Services on an as-needed basis.

On June 14, 2005, by Resolution No. 2005-136, City Council authorized the City Manager to execute Amendment Two to the Professional Services Agreement with William J. Silva, P.E., to extend the contract termination date until December 31, 2005, and increased the fee of $75.00 per hour to $80.00 per hour, for Transportation Engineering Services on an as-needed basis.

On December 13, 2005, by Resolution No. 2005-290, City Council authorized the City Manager to execute Amendment Three to the Professional Services Agreement with William J. Silva, P.E., to extend the contract termination date until June 30, 2006, to provide Transportation Engineering Services on an as-needed basis.

BACKGROUND
As the City continues to experience new residential, commercial and industrial developments, it does create a continuous demand of professional services for engineering plan check on these new developments. In May of 2006, the Engineering Manager (Development) resigned from his position in the Development Engineering Section within the Engineering Division of the Public Works Department. The Department is in the process of filling the vacant position. Due to this lack of personnel to adequately handle plan checks and other related services, William J. Silva, P.E., was asked to continue working within the Engineering Division and change his scope of services from Transportation Engineering to Development Engineering, as his services were no longer needed in Transportation Engineering, since the hiring of the new Engineering Manager (Traffic).

During this time of recruitment, City staff requests to extend William J. Silva’s contract in order to provide the necessary level of service required for the Engineering Development Section. Staff has been very satisfied with William J. Silva’s previous professional work performance and as part of this Professional Services Agreement William J. Silva will continue to handle plan check and other work issues related to development engineering.

FISCAL IMPACT
Since August 2004, William J. Silva, P.E., has received $111,345, for transportation services out of the Transportation budget under the Engineering Division of the Public Works Department. We anticipate spending approximately $60,000 for Development Engineering Services with William J. Silva, P.E. With the omission of a current Engineering Manager (Development), we have sufficient funds in the 2005/06 - 2006/07 Final Operating Budget to cover his services.

Attachments:
Resolution
Amendment No. Four Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. FOUR TO THE PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM J. SILVA, P.E., ALTERING THE AGREEMENT’S SCOPE OF WORK TO PROVIDE DEVELOPMENT ENGINEERING SERVICES (IN LIEU OF TRANSPORTATION ENGINEERING SERVICES) AND INCREASE THE FEE FROM $80.00 PER HOUR TO $90.00 PER HOUR, FOR THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT INCLUDING, BUT NOT LIMITED TO, PLAN CHECK AND OTHER RELATED SERVICES, FOR THE CITY OF BRENTWOOD ON AN AS-NEEDED BASIS THROUGH DECEMBER 31, 2006.

WHEREAS, on August 19, 2004, the City of Brentwood entered into a Professional Services Agreement with William J. Silva, P.E., to obtain Transportation Engineering Services on an as-needed basis through December 31, 2004; and

WHEREAS, on December 20, 2004, Amendment One to the Professional Services Agreement with William J. Silva, P.E., was entered into to extend the contract termination date until June 30, 2005, for Transportation Engineering Services on an as-needed basis; and

WHEREAS, on June 14, 2005, by Resolution No. 2005-136, City Council authorized the City Manager to execute Amendment Two to the Professional Services Agreement with William J. Silva, P.E., to extend the contract termination date until December 31, 2005, and increased the fee of $75.00 per hour to $80.00 per hour, for Transportation Engineering Services on an as-needed basis; and

WHEREAS, on December 13, 2005, by Resolution No. 2005-290, City Council authorized the City Manager to execute Amendment Three to the Professional Services Agreement with William J. Silva, P.E., to extend the contract termination date until June 30, 2006, to provide Transportation Engineering Services on an as-needed basis; and

WHEREAS, in May of 2006, the Engineering Manager (Development) resigned from his position in the Development Engineering Section within the Engineering Division of the Public Works Department and the Department is in the process of filling the vacant position; and

WHEREAS, due to this lack of personnel to adequately handle plan checks and other related services, William J. Silva, P.E. was asked to continue working within the Engineering Division and change his scope of services from Transportation Engineering to Development Engineering as his services were no longer needed in Transportation Engineering, since the hiring of the new Engineering Manager (Traffic); and

WHEREAS, staff has been very satisfied with William J. Silva’s previous professional work performance and as part of this Professional Services Agreement William J. Silva will continue to handle plan check and other work issues related to development engineering; and

WHEREAS, Amendment Three of the original agreement is set to expire on June 30, 2006.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute Amendment Four to the Professional Services Agreement with William J. Silva, P.E., altering the Agreement’s scope of work to provide Development Engineering Services (in lieu of Transportation Engineering Services) and increase the fee from $80.00 per hour to $90.00 per hour, for the Engineering Division of the Public Works Department including, but not limited to, plan check and other related services, for the City of Brentwood on an as-needed basis through December 31, 2006.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of June 2006 by the following vote:

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