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HomeMy WebLinkAbout07.a. Concur with decision to enter into consulting contract with J M Kelly EngineeringCentral Contra Costa Sanitary 7a. District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 15, 2013 Subject: CONCUR WITH THE GENERAL MANAGER'S DECISION TO EXECUTE AN AGREEMENT WITH J. M. KELLY ENGINEERING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES RELATED TO NUTRIENT REDUCTION STUDIES AND PLANNING OF TREATMENT PROCESS AND RECYCLED WATER PROJECTS Submitted By. Initiating Dept. /Div.: Curtis W. Swanson Administration Provisional General Manager REVIEWED AND RECOMMENDED FOR BOARD ACTION. T. O'Malley, Human Resources Manager `-01 C. Swanson Provisional General Manager ISSUE: Board of Directors' concurrence is desired with respect to the General Manager's execution of an agreement with a retired employee. RECOMMENDATION: Concur with the General Manager's decision to execute an agreement with J. M. Kelly Engineering, at an hourly rate of $100 and a cost ceiling of $35,000, to provide professional engineering services related to nutrient reduction studies and planning of treatment process and recycled water projects. FINANCIAL IMPACTS: The estimated cost of the services to be provided by J. M. Kelly Engineering is $35,000 over an 18 -month period starting in late August, 2013. ALTERNATIVES /CONSIDERATIONS: The Board could decide not to concur with the General Manager's decision to retain J. M. Kelly Engineering for assistance with the nutrient studies and related projects. However, this is not recommended as Mr. Kelly's specialized knowledge regarding this matter is needed in order to successfully complete these projects. BACKGROUND: Under the National Pollutant Discharge Elimination System (NPDES) Permit issued by the Regional Water Quality Control Board (RWQCB) on February 16, 2012, the District is required to evaluate the effects of the ammonia, ammonium, and other nutrients in its wastewater effluent discharge on Suisun Bay. The District developed a Nutrient Work Plan in July 2012. The nutrient studies need to be completed by September 2014 and a report must be submitted to the RWQCB by November 2014. The District also developed a Facility and Site Characterization Work Plan in June 2012. The facility studies need to be completed and a report submitted to the RWQCB by February 28, 2014. Results from the Existing Plant Optimization for Ammonia Removal Evaluation, Nutrient Removal Facilities Plan, and Site Characterization Study will be presented in the Facility Plan and Site Characterization Report. Page 1 of 2 POSITION PAPER Board Meeting Date: August 15, 2013 subiect: CONCUR WITH THE GENERAL MANAGER'S DECISION TO EXECUTE AN AGREEMENT WITH J. M. KELLY ENGINEERING TO PROVIDE PROFESSIONAL ENGINEERING SERVICES RELATED TO NUTRIENT REDUCTION STUDIES AND PLANNING OF TREATMENT PROCESS AND RECYCLED WATER PROJECTS More recently, the RWQCB has been leaning toward the approach of developing a nutrient watershed permit for the municipal dischargers to San Francisco Bay rather than issuing individual permits... The Bay Area Clean Water Agencies ( BACWA) has been negotiating with the RWQCB staff on the proposed nutrient watershed permit, the nutrient limit setting process and related studies, and timing of a permit. James M. Kelly was a 28 -year employee of the District who retired as General Manager in 2012. During his career at the District, Mr. Kelly served as Planning Division Manager, Plant Operations Division Manager, and Director of Operations before being appointed General Manager in 2006. Mr. Kelly negotiated the District's 2012 NPDES Permit. He has extensive knowledge of the District's treatment facilities and the regulatory process. In addition, Mr. Kelly served as Interim Executive Director of BACWA and continues to serve as a consultant to that organization. He has been involved in the negotiations and development of the nutrient watershed permit process. In January 2013, Mr. Kelly was hired as a temporary employee at the District after the retirement of the former General Manager Ann Farrell in order to provide consulting services within the scope of the General Manager classification to Provisional General Manager Curt Swanson until a permanent replacement could be found. Roger S. Bailey has been hired as the new General Manager and will begin his employment with the District effective August 19, 2013. As Mr. Kelly's services as a temporary employee are no longer needed, and at the suggestion of the Human Resources Committee, staff is proposing to terminate Mr. Kelly as a temporary employee and retain his services under a professional engineering services agreement for assistance with the studies required by the NPDES Permit. In addition, this agreement meets all of the conditions set forth in the Public Employees' Pension Reform Act of 2013 (PEPRA) as it relates to the hiring of retirees. While entering into such a professional engineering services agreement with Mr. Kelly is within the scope of the General Manager's authority, Board concurrence of this action is deemed desirable due to its sensitive nature and in the spirit of transparency. COMMITTEE RECOMMENDATION: This matter was discussed with the Human Resources Committee on July 23, 2013. The Committee recommended Board concurrence. RECOMMENDED BOARD ACTION: Concur with the General Manager's decision to execute an agreement with J. M. Kelly Engineering with a cost ceiling of $35,000 to provide professional engineering services related to nutrient reduction studies and planning of treatment process and recycled water projects.