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Home My WebLink AboutC2019-079.4 JE Fuller - signed1 Contract No. 2019-079.4 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND JE FULLER/HYDROLOGY AND GEOMORPHOLOGY, INC. THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Fourth Amendment”) is entered into upon execution between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and JE Fuller/Hydrology and Geomorphology, Inc., an Arizona corporation (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated April 24, 2019, for the Consultant to provide concept design and related services (the “Services”). B. The Town and the Consultant entered into a First Amendment dated March 3, 2020 to amend the Agreement to (i) add to the scope of work and (ii) provide for compensation to the Consultant for the Services, and (iii) extend the term of the Agreement. C. The Town and the Consultant entered into a Second Amendment dated January 4, 2022 to amend the Agreement to (i) add to the scope of work (Exhibit B) and (ii) provide for compensation to the Consultant for the Services. D. The Town and the Consultant entered into a Third Amendment dated February 1, 2022 to amend the Agreement to extend the term of the Agreement to extend the term of the Agreement. E. The Town and the Consultant desire to enter into this Fourth Amendment to amend the Agreement to (i) add to the scope (Exhibit C), and (ii) extend the term of the Agreement, and (iii) increase the authorized “not to exceed” amount for additional services. All capitalized terms not otherwise defined in this Fourth Amendment have the same meanings as contained in the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 2 1. Term of Agreement. The term of this Agreement is hereby extended until June 30, 2024, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Compensation The Town shall pay the Consultant an aggregate amount not to exceed $437,294.90. 3. EXHIBIT C. Exhibit C is hereby incorporated by this reference. 4. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 5. Non-Default. By executing this Fourth Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Third Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Third Amendment are forever waived. 6. Conflict of Interest. This Fourth Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 7 ATTESTED TO: _______________________________ Linda G. Mendenhall, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation FOR THE TOWN OF FOUNTAIN HILLS: ____________________________________ Rachael Goodwin, Town Manager FOR THE CONTRACTOR: By: Name Title: ______________________________ Richard Waskowsky (Dec 26, 2023 10:52 MST) Richard Waskowsky Richard Waskowsky Vice President Aaron Arnson (Dec 27, 2023 09:21 MST) Aaron Arnson Rachael Goodwin (Jan 2, 2024 08:56 MST) Rachael Goodwin EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND JE FULLER/HYDROLOGY AND GEOMORPHOLOGY, INC. [Scope/Fees] See following pages. www. jefuller.com Tempe, AZ Tucson, AZ Flagstaff, AZ Prescott, AZ Silver City, NM October 10, 2023 Justin Weldy Public Works Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: Golden Eagle Park Drainage Improvement – Phase 2 Post-Design Services for Phase 1 and Golden Eagle Park Dam Outlet Rehabilitation Design Scope of Work and Fee Estimate Dear Mr. Weldy: Thank you for requesting professional services from JE Fuller/Hydrology and Geomorphology, Inc. (JE Fuller). We are very interested in the opportunity to continue working with the Town on the Golden Eagle Park Drainage Improvement (GEPDI) project and associated work on Golden Eagle Park Dam (GEPD) facilities. This document summarizes our understanding of the work and outlines the proposed scope of services to be completed. BACKGROUND JE Fuller and our subconsultants, Ethos Engineering and Dig Studio, have recently completed and submitted a 100% design package for the Phase 1 improvements to the Town for review and comment. This work will include addressing those comments and preparing the final GEPDI Phase 1 bid package (report, plans, specifications, and unit item bid schedule) in cooperation with the Town. Our team will provide post-design services to support the construction of GEPDI Phase 1. JE Fuller and our sub-consultant Ethos Engineering will also provide engineering design and dam safety permitting support for the rehabilitation of the trash racks on two GEPD outlet structures, plus an analysis of downstream grading and scour conditions for the same outlet structures to address ADWR comments. It is also understood that the Town will likely cooperate with the Fountain Hills Sanitary District (FHSD) to jointly construct the FHSD manhole protection improvements and the GEPDI Phase 2 improvements, since both will require special provisions for ADWR permitting, inspections and QA/QC, and project close-out documentation. This scope of work (SOW) outlines the Phase 2 services that are requested by the Town. P a g e | 2 www. jefuller.com SCOPE OF WORK TASK 1 – Project Management/Coordination JE Fuller will provide regular project management and schedule maintenance for the post-design and Phase 2 work to include contract management, regular coordination with Town officials and other stakeholder agencies, and up to six regular progress meetings via Zoom Conference calls or in-person at Town Hall. TASK 2 – GEPDI Phase 1 Bid Package The JE Fuller team will address any final comments from the Town regarding the Phase 1 design package and assist the Town with preparing a bid package for the selection of a qualified contractor. JE Fuller will participate in a pre-bid conference at Town Hall and assist with contractor selection as needed and requested by the Town. TASK 3 – GEPDI Phase 1 Post-Design Services JE Fuller and our subconsultants Ethos Engineering and Dig Studio, will provide regular post-design services as the Engineer of Record, to respond to material submittals, shop drawings, and requests for information (RFIs) for the Phase 1 construction. This scope also includes site inspections when necessary and requested by the Town. JE Fuller will also review as-builts and record drawings provided by the Contractor. QA materials or field testing, construction management, or other construction related tasks not specifically stated above are not included in the work. TASK 4A – GEPDI Phase 2 Preliminary Design JE Fuller and our subconsultant Ethos Engineering will research and evaluate alternatives for trash racks and downstream vegetation, sedimentation, and scour conditions for the two GEPD outlet structures. The work tasks will include: • Literature research on trash rack alternatives suitable for use on GEPD structures that account for matting debris that nearly failed the existing trash racks that have been removed. • Field reconnaissance to document conditions at the inlet and outlet of the outlet structures. • Hydrologic, hydraulic, sediment transport, and scour (HHSTS) analyses to document existing and post-design conditions as appropriate. • Preparation of a brief technical memorandum and concept design plans to document the findings and analysis. • Coordination of findings with the Town, FCDMC, Stantec, and ADWR to gain input and concurrence on proposed solutions. TASK 4B – GEPDI Phase 2 Final Design JE Fuller and our subconsultant Ethos Engineering will prepare final design plans , specifications, quantity and engineer opinion of probable cost (EOPC) for the proposed Phase 2 designs agreed upon from Task 4A. Plans will be submitted at 60%, 95% and Final as they are not expected to be overly complicated or lengthy. Each submittal will be distributed to the Town, FCDMC, Stantec (if required), and ADWR for review and comment. Included with the construction documents will be a Construction P a g e | 3 www. jefuller.com Quality Assurance (CQA) Plan with all elements required by ADWR as appropriate for the proposed improvements. Implementation of the CQA Plan will rest jointly with the Town and FHSD if the two projects are constructed jointly. JE Fuller will also work with the Town to determine if the GEPDI Phase 1 Contractor is suitable for amending the Phase 2 contract to their work. This will likely require an interview with the contractor and follow-on discussions with the Town. Should it be necessary to procure a separate contractor, JE Fuller will work with the Town to prepare a bid package and secure a contractor. JE Fuller will also assist the Town with selecting an appropriate CQA testing firm to meet ADWR requirements, but the firm must be retained by the Town. TASK 4C – GEPDI Phase 2 ADWR Application Prior to starting on Task 4B, JE Fuller will coordinate and schedule a pre-application meeting with ADWR to ensure that there is a full understanding by ADWR of the proposed Phase 2 elements and by the project team on ADWR requirements related to applying for the dam safety permit. JE Fuller will prepare all the requisite dam safety application documents required by ADWR and submit them with each plan stage submittal. ADWR comments will be addressed with each submittal. ADWR requires paper copies to be submitted so NTE costs will include reproduction and plotting costs. TASK 5 – GEPDI Phase 2 Post Design Scoping Once the Phase 2 project scope design is known, JE Fuller will develop a scope and fee proposal to provide the EOR support for the Phase 2 construction and in particular, coordination with ADWR on inspections and post application material submittals. FEE AND SCHEDULE JE Fuller will initiate work on the base tasks within one week of notice to proceed (NTP) and a signed contract. JE Fuller will bill these services on a time and materials basis not to exceed the amount of $93,197 as outlined in Fee Table 1. TERMS AND CONDITIONS The following terms and conditions apply: 1. Data Provided by the Clients: The following will be provided by Client at no cost to JE Fuller: a. Topographic data, property boundaries, utility locations, pertinent grading and drainage plans, etc., if available. 2. Services not included in this scope of work. The following services are not included in this scope of work but can be added for additional fee: a. Tasks not specifically identified in the scope of work above. b. Landscaping Design c. Environmental Permitting P a g e | 4 www. jefuller.com d. Agency review fees e. CLOMR/LOMR Applications f. Geotechnical Services g. Survey/Construction Staking h. Hard Copy Full Size Plans, Blueprints, or Mylars unless otherwise specified. Table 1. Fee Estimate Thank you again for requesting our services. We are looking forward to continuing our work with you on this project. Sincerely, JE Fuller/Hydrology & Geomorphology, Inc. W. Scott Ogden, P.E, CFM President/CEO Project Manager Senior Engineer Project Engineer EIT/CAD Designer Task 210$ 172$ 137$ 122$ 1 Project Mangement/Coordination 40 20 11,840$ 2 GEPDI Phase 1 Bid Package 8 8 16 5,248$ 3 GEPDI Phase 1 Post-Design Services 16 40 16 12,432$ 4A GEPDI Phase 2 Preliminary Design 8 40 20 20 13,740$ 4B GEPDI Phase 2 Final Design 16 20 40 80 22,040$ 4C GEPDI Phase 2 ADWR Application 16 20 20 9,540$ 5 GEPDI Phase 2 Post Design Scoping 4 4 1,528$ Labor NTE Total:76,368$ 249$ 1,000$ 29,245$ 5,000$ Direct Costs NTE Total:35,494$ 111,862$ FULL PHASE 2 NTE TOTAL: Golden Eagle Park Drainage Improvements Fee Estimate - Phase 2 Post-Design and GEPD Rehabilitation Design Direct Costs Mileage (380 mi @ $0.655/mi) Subconsultant - Structural - Ethos Engineering Subconsultant - Landscape Architecture - Dig Studio Printing, Plotting, Postage (at cost) - for ADWR Submittals