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File #: 23-0115    Version: 2 Name: 2/21/23 - Resolution to Approve Amendment No. 3 to the Professional Services Agreement with Fishbeck
Type: Resolution Status: Passed
File created: 2/21/2023 In control: City Council
On agenda: 2/21/2023 Final action: 2/21/2023
Enactment date: 2/21/2023 Enactment #: R-23-047
Title: Resolution to Approve Amendment No. 3 to the Professional Services Agreement with Fishbeck for Water Treatment Professional Engineering Services ($475,000.00 increase, total contract $1,725,000.00)
Attachments: 1. CONTRACT - 0 for FISHBECK - WATER TREATMENT 6-15-2020.pdf, 2. R-21-334.pdf, 3. R-22-235_Legislation Details.pdf, 4. R-20-168.pdf, 5. AMENDMENT - 1 for FISHBECK - WATER TREATMENT 10-12-2021 (5).pdf, 6. AMENDMENT - 2 for FISHBECK - WATER TREATMENT 8-5-2022 (3).pdf

Title

Resolution to Approve Amendment No. 3 to the Professional Services Agreement with Fishbeck for Water Treatment Professional Engineering Services ($475,000.00 increase, total contract $1,725,000.00)

Memorandum

This memorandum and resolution requests approval of Amendment No. 3 to the professional services agreement for professional engineering services with Fishbeck.  Council approved a professional services agreement for $500,000.00 through FY23 with Fishbeck in June 2020 as part of Resolution No. R-20-168 and Amendment No. 1 in September 2021 as part of Resolution R-21-334 for $350,000.00, and Amendment No. 2 in July 2022 as part of Resolution R-22-235 for $400,000.00

 

The City is seeking to amend the professional services agreement with Fishbeck to accommodate additional professional engineering service needs and extend the existing contract for an additional year, through FY24. The original task-based contract was effective FY21 through FY23.  Fishbeck is currently supporting Public Services on numerous projects within the Water Treatment Services Unit (WTSU).    As of the February of FY23, Fishbeck has completed the Water Treatment Plant (WTP) Emergency Response Plan (ERP) update and Ammonia Feed System Improvement construction phase, WTP Valve Replacement design, Finished Water Tank and Reservoir Improvements design, on-site project management assistance on the Ozone Chiller Replacement, and Control Room Air Handling Unit Replacement construction phases.  Fishbeck continues to provide on-site engineering and project management support on the 2018 Architectural and Structural Repairs construction phase, SCADA Upgrades, Barton Pump Station Valve Improvements, ERP implementation, as well as miscellaneous maintenance projects. Fishbeck also continues to provide water quality support services and assistance. Fishbeck has demonstrated themselves to be experienced in a wide range of disciplines, responsive and cost effective in meeting those diverse needs on complex engineering tasks associated with the WTSU.

Fishbeck’s continued professional engineering services are critically important in completing significant upcoming work including the Barton Pump Station Valve Improvements construction, HVAC Improvements - Phase II construction, as well as WTP Valve and Finished Water Tank and Reservoir Improvements construction. Fishbeck’s longevity and experience in providing support on projects and assistance to the City as described makes them indispensable as partners in continuing this work

 

Additional professional engineering services are required to support the Water Treatment Services Unit with capital, operation, and maintenance projects at the Water Treatment Plant and associated facilities in order to maintain the aggressive capital improvement project schedule and water quality responsibilities through FY24. The requested amount was determined based on forecasted engineering services needs and work assignments.

 

Based upon the remaining capital needs, it is recommended that City Council approve Amendment No. 3 to the professional services agreement with Fishbeck, to provide additional Professional Engineering Services for the remaining life of the contract and extend the contract through FY24. 

 

Fishbeck complies with the requirements of the City’s Conflict of Interest, Non-Discrimination and Living Wage ordinance.

 

Budget/Fiscal Impact: These engineering services are to be funded from the approved FY23 Water Supply System Operations and Maintenance budget, Parks Maintenance and Capital Improvement Millage, the General Fund operating budget and the improved  Capital Improvement Budgets, for which services are rendered. Engineering services in FY24 will be funded from the subsequent annual Operating and Capital Budgets if approved by City Council. Tasks will be assigned on as-needed basis to the appropriate fund. 

Staff

Prepared by:                     Glen Wiczorek, PE, Senior Utilities Engineer

Reviewed by:                     Brian Steglitz, PE, Public Services Area Administrator

Approved by:                                Milton Dohoney Jr., City Administrator

Body

Whereas, Continued professional engineering services are necessary to maintain the Water Treatment Services Unit capital improvement and maintenance project schedule;

 

Whereas, Additional funds are necessary to cover the continued professional engineering services needed to maintain the Water Treatment Services Unit capital improvement and maintenance project schedule;

 

Whereas, The Water Treatment Services Unit is seeking to amend the Professional Services Agreement with Fishbeck to extend the duration of the contract to June 30, 2024, the second of the two (2) one-year extensions authorized in the original agreement and Resolution R-20-168, because professional engineering services will be necessary beyond the current Contract expiration date of June 30, 2023;

 

Whereas, The Water Treatment Services Unit seeks to amend the Professional Engineering Services Professional Services Agreement with Fishbeck because the contract balance is projected to be exhausted prior to the Contract expiration date of June 30, 2024;

 

Whereas, Funding is available in the approved FY23 Water Supply System Operations and Maintenance budget, Parks Maintenance and Capital Improvement Millage, the General Fund Operating Budget (Hydroelectric) and approved Capital Budgets;

 

Whereas, The Professional Engineering Services for FY24 will be funded by the appropriate operating budgets for this fiscal year or approved capital budgets if so approved by Council; and

 

Whereas, Fishbeck complies with the requirements of the City’s Conflict of Interest, Non-Discrimination and Living Wage ordinances;

 

RESOLVED, That City Council approve Amendment No. 3 to the Professional Services Agreement with Fishbeck in the amount of $475,000.00 for professional engineering services;

 

RESOLVED, That the Mayor and City Clerk are authorized and directed to execute the amendment after approval as to substance by the City Administrator and approval as to form by the City Attorney;

 

RESOLVED, That the City makes the following declaration for the purpose of complying with the reimbursement rules of Treas. Reg. 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended, that the City reasonably expects to reimburse itself for expenditures for the costs of the Project with proceeds of Bonds;

 

RESOLVED, That the City Administrator be authorized to take the necessary administrative actions to implement this resolution; and

 

RESOLVED, That the funds be available for the life of the project(s) without regard to fiscal year until the Professional Service Agreement ends on June 30, 2024.