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Home My WebLink AboutC2023-047.1 Roadway Asset Services - signed1 Contract No. 2023-047.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROADWAY ASSET SERVICES, LLC THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Roadway Asset Servies, LLC, a Texas limited liability company (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated October 22, 2022, for the Consultant to provide “Pavement Condition Analysis and Related Services” (the “Services”). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. B. The Town has determined that it is necessary to extend the Agreement with the Consultant for Services. C. The Town and the Consultant desire to enter this First Amendment to amend the Agreement to (i) extend the term of the Agreement, to (ii) provide for compensation to the Consultant for the Services, and (iii) add to the Scope of Work. 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: 1. Term of Agreement. The term of the Agreement is hereby extended until June 30, 2025, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. Two (2) one (1) year renewals remain. 2. EXHIBIT B is hereby incorporated by this reference. 3. Compensation. The Town shall pay the Consultant an aggregate amount not to exceed $109,997 for the Services, resulting in an increase of $50,000. 2 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 First 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 First 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 First Amendment are forever waived. 6. Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 7. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents from any claims or causes of action relating to the Town’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the Town in defending such as action. 8. Conflict of Interest. This First 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: ______________________________ Bart Williamson (May 29, 2024 14:17 CDT) Bart Williamson Bart Williamson Chief Executive Officer Aaron Arnson (Jun 2, 2024 20:20 PDT) Aaron Arnson Rachael Goodwin (Jun 3, 2024 09:54 PDT) Rachael Goodwin EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROADWAY ASSET SERVICES, LLC [Quote or Work Order] See following pages. Roadway Asset Services, LLC 6001 W Parmer Lane #370-1102 Austin, TX 78727 210-837-5249 February 12, 2024 Town of Fountain Hills 16705 E. Ave of the Fountains Fountain Hills, AZ 85268 Attention: Justin Weldy, Public Works Director Reference: Annual Consulting & Support Services Dear Mr. Weldy, Roadway Asset Services, LLC (RAS) is pleased to submit this proposal for annual pavement management consulting and support services. As a part of these services, RAS will provide annual support related to pavement management, analysis modeling, ad-hoc scenario development, council presentations, and other applicable services within the RAS scope of expertise as requested. The annual Support Services supplement is a not-to- exceed $50,000.00 (billed at $200/hour) contract amendment and is renewed annually. These services are related to Contract No. 2023-047. As an example of typical ad-hoc scenarios, below is a detailed description of several different 10-year models that will likely require update using current unit rates (a result of any new design specifications) and running of a series of budgetary models in the BOSS pavement management system that attain several defined level of service definitions. 1. Town Council Adopted Level of Service (Scenario #1) – this budgetary scenario will include running 3 independent models for each Town Functional Classification. The models will be focused on achieving the Town Council adopted PCI level of service as follows: a. Arterial Roads – Town Council adopted a PCI level of service range from 60-70 and a midpoint of 65 will be utilized for the model. b. Collector Roads – Town Council adopted a PCI level of service range from 50-60 and a midpoint of 55 will be utilized for the model. c. Local Roads – Town Council adopted a PCI level of service range from 50-55 and a midpoint of 53 will be utilized for the model. *Each functional classification model listed above will be accompanied by 5 other profile models such that the relationship between functional class roadway funding and the outcome of average PCI across each class can be illustrated graphically. 2. Functional Class Average PCI of 70 (Scenario #2) – this budgetary scenario will include running 3 independent models for each Town Functional Classification. The models will be focused on achieving the following PCI level of service: a. Arterial Roads – An average PCI of 70 will be used as the level of service. b. Collector Roads – An average PCI of 70 will be used as the level of service. c. Local Roads – An average PCI of 70 will be used as the level of service. 3. Functional Class Minimum PCI of 70 (Scenario #3) – this budgetary scenario will include running a model that achieves a minimum PCI of 70 across all functional classifications. To enhance this model over a 10- year horizon, the minimum PCI of 70 will be achieved in the first 5 years such that the cost to maintain the minimum PCI of 70 for each functional classification can be modeled in the remaining 5 years. The models will be run as follows: a. Arterial Roads – A minimum PCI of 70 will be used as the level of service. The first 5 years will be programmed to achieve a minimum PCI of 70 and the remaining 5 years will be modeled to maintain the minimum PCI of 70. b. Collector Roads – A minimum PCI of 70 will be used as the level of service. The first 5 years will be programmed to achieve a minimum PCI of 70 and the remaining 5 years will be modeled to maintain the minimum PCI of 70. c. Local Roads – A minimum PCI of 70 will be used as the level of service. The first 5 years will be programmed to achieve a minimum PCI of 70 and the remaining 5 years will be modeled to maintain the minimum PCI of 70. *Each functional classification model listed above will be accompanied by 5 other profile models such that the relationship between functional class roadway funding and the outcome of minimum PCI across each class can be illustrated graphically. We look forward to continuing to support the Town of Fountain Hills in the development of a best-in-class asset management program. If any questions or comments arise regarding these services, please do not hesitate to reach out for further discussion. Sincerely, Zac Thomason, MBA Senior Vice President Roadway Asset Services, LLC