File #: 14-483    Version: 1 Name: 3rd Amendment to Foth MSA
Type: Agreement Status: Approved
File created: 11/7/2014 In control: City Council
On agenda: 12/9/2014 Final action: 12/9/2014
Title: Communication from the City Manager and Director of Public Works with a Request to Approve the Third Amendment to MASTER PROFESSIONAL SERVICES AGREEMENT #12-172 with FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC. for a One-Year Extension to December 31, 2015, and for the Additional Not-to-Exceed Amount of $275,000, to Provide Drainage Engineering Services for the City of Peoria. (Amends 12-172; Also Refer to 13-330 and 14-044) [ALL COUNCIL DISTRICTS]
Indexes: Goal 1 - Financially Sound City , Goal 3 - Beautiful Peoria, Have an efficient government., Invest in our infrastructure and transportation
Attachments: 1. COP Master Agreement Amendment for 2015 Foth-signed, 2. AGREEMENT NO. 14-483.pdf
ACTION REQUESTED:  
Title
Communication from the City Manager and Director of Public Works with a Request to Approve the Third Amendment to MASTER PROFESSIONAL SERVICES AGREEMENT #12-172 with FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC. for a One-Year Extension to December 31, 2015, and for the Additional Not-to-Exceed Amount of $275,000, to Provide Drainage Engineering Services for the City of Peoria. (Amends 12-172; Also Refer to 13-330 and 14-044) [ALL COUNCIL DISTRICTS]
 
Body
BACKGROUND:  City Council approved the selection process and results for the various engineering consultant jobs on March 13, 2012 (Item No.12-082).  Subsequently, on April 24, 2012 under Item #12-172, City Council approved a three-year Master Services Agreement with Foth Infrastructure & Environment, LLC for drainage program services not to exceed $675,000 for Stormwater Management of the NPDES Permit 2012-2014, Drainage Projects 2012-2014, and the Private Property Drainage Assistance Program management 2012-2014.  Due to the heavy rain events of 2013, the contract was amended in July 2013 under Item #13-330-B to increase the not to exceed amount to $785,000. March 25, 2014 under Item #14-044 due to the Poplett Hollow Road Culvert failure, the agreement was amended again with a $35,000 increase for a new total not to exceed $820,000.
 
In 2014, Staff negotiated with the consultants under Master Services Agreements to extend the contracts one additional year, providing the consultant agreed to use the original 2012 rates. Attached is the Agreement Amendment, which includes a provision to use 2012 hourly rates for the 2015 work.
 
As each project is ready to proceed, staff will negotiate a Work Order that will be signed by the Director of Public Works per the Master Agreement. This will allow staff the flexibility to use firms to work on projects within the parameters of the project descriptions and project budgets as adopted in the FY 2015 Budget, and up to the limits of the amended Master Agreement.  If any additional funding is needed before December 31, 2015 then another amendment to the Master Agreement will be brought back to Council for consideration.
 
FINANCIAL IMPACT: The funding for the Master Agreement will come from the Drainage Repair Program, the Private Property Drainage Assistance Program and the Storm Water Management Clean Water Act projects as Work Orders are issued.  Staff will not exceed the Master Agreement total without prior City Council approval. The 2012 billing rates will be utilized for 2015.  The 2012 Master Agreement had a 3% cost escalator for 2013 and 2014.  By reverting to the 2012 rates, the City will see the hourly rates reduced 6.09%.  
 
NEIGHBORHOOD CONCERNS:  N/A
 
IMPACT IF APPROVED:  Staff will move forward with issuing work orders to implement the Community Investment Plan.
 
IMPACT IF DENIED:   Staff will not be able to issue work orders and the implementation of the Community Investment Plan will be delayed.
 
ALTERNATIVES:   Provide further direction to staff.
 
EEO CERTIFICATION NUMBER: Foth has current EOO #00019-150331.
 
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
 
1. Financially Sound City Government, Effective City Organization      
2. Attractive Neighborhoods with Character: Safe and Livable
 
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
 
1. Have an efficient government.      
2. Invest in our infrastructure and transportation.      
 
DEPARTMENT: Public Works