HomeMy WebLinkAboutC2019-079.1 - JE Fuller/Hydrology and Geomorphology, Inc Contract No. 2019-079.01
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
JE FULLER/HYDROLOGY AND GEOMORPHOLOGY,INC.
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
(this "First Amendment") is entered into as of March 03, 2020, between the Town of Fountain
Hills, an Arizona municipal corporation (the "Town") and JE Fuller/Hydrology and
Geomorphology(the"Consultant").
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement,
number 2019-079, dated April 24, 2019, for the performance of a concept design study related to
drainage improvements at Golden Eagle Park (the "Materials and Services"). The terms of the
Agreement are incorporated herein. All of the capitalized terms not otherwise defined in this First
Amendment have the same meanings as defined in the Contract.
B. The Town has determined that additional Materials and Services (the "Additional
Materials and Services") are necessary.
C. The Town and the Consultant desire to enter into this First Amendment to establish
the scope of services, increase the compensation authorized by the Agreement for the Additional
Materials and Services, and extend the term of 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:
1. Term. This Agreement shall is hereby extended until April 23, 2021, unless
terminated as otherwise provided pursuant to the terms and conditions of the Agreement. Upon
renewal, the terms and conditions of this Agreement shall remain in full force and effect. The
parties may, by mutual written agreement, extend this Agreement for up to one additional one-
year term if desired by the parties.
2. Scope of Services. The Consultant shall perform the Additional Materials and
Services as set forth in Exhibit A to this Amendment.
3. Compensation. The Town shall pay the Consultant an amount not to exceed
$129,484.00 ($116,536.00 for the fee estimate in Exhibit A and $12,948.00 as an owners'
allowance) for the Additional Materials and Services, thereby increasing the aggregate
compensation due under the Agreement from $32,438.00 to $161,922.00
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. 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]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
o
jt
Grady E. Mille 6 n Manager
ATTEST:
—
E izabet . urke, Town Cl k
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On A \ I , 2020, before me personally appeared Grady E. Miller, the
Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who he claims to
be,and acknowledged that he signed the above document,on behalf of the Town of Fountain Hills.
m •
isJANoaryPoattgzoM / Q rL � "L�
Commission#550,03 tary Public
rob Expires July 11,2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
1
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"Consultant"
JE FULLER/HYDROLOGY AND GEOMORPHOLOGY, INC.
a(n) Arizona corporation
By:
Name: Richard Waskowsky • • . ,,x
Title: Vice-President
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On T el CGfx2U 1c) , 2020, before me personally appeared / /t',id
the Out �, i4i€ of JE Fuller/Hydrology and
Geomorpholog , nc., a(n) Arizona corporation, whose identity was proven to me on the basis
satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she
signed the above document on behalf of the corporation.
aye
Notary Public
(Affix notary seal here)
s44. TE L GRIFFIN
° Notary PublicANNET -Arizona
Maricopa County
at° Commission#545140
•1f1• My Comm.Expires Jun 2,2022
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
JE FULLER/HYDROLOGY AND GEOMORPHOLOGY, INC.
[Consultant's Proposal]
See following pages.
JE FULLER .
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January 28, 2019
Randy Harrel, PE, SE, RLS, CFM
Town Engineer
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RE: Golden Eagle Park Drainage Improvement—Phase 1(Grading) Final Design SOW and Fee Estimate
Dear Mr. Harrel:
Thank you for requesting the services of JE Fuller/Hydrology and Geomorphology, Inc. (JE Fuller). We are
very interested in the opportunity to continue working with the Town. This document summarizes our
understanding and needs of the project as well as outlines the proposed scope of services to be
completed.
BACKGROUND
Golden Eagle Park, originally gifted to the Town of Fountain Hills (Town) by MCO Properties in c.1995, lies
mostly within and below the flood detention basin high water level of the Golden Eagle Park Dam.Three
washes—Ashbrook Wash, Bristol Wash, and Cloudburst Wash —flow into this dam/detention basin. The
Town had originally graded channels for frequent flows around baseball/softball fields constructed in the
detention basin, recognizing that in larger storms that the fields would be inundated due to dam
backwater anyway.
Overflow from the channels onto the ballfields has been an on-going issue during many periodic storm
events at Golden Eagle Park. In particular,two storms (October 2, 2018 and September 23, 2019) caused
significant damage to the park due to inundation resulting from these storms.
JE Fuller has recently submitted to the Town a conceptual design report for recommended drainage
improvements within and adjacent to Golden Eagle Park. The implementation of those recommendations
will be accomplished by the Town in two phases. Phase 1 will include rough grading the proposed
channel improvements (including sediment basins) and replacement of the sidewalk crossings within the
reconstructed channels. Phase 2 will provide for the finished grading and landscape of the channels,
reconstruction of the inlet works and debris racks for the primary outlets of Golden Eagle Park Dam,the
stabilization of the pedestrian crossing of Ashbrook Wash, and improvements of two curb inlets—one on
Golden Eagle Boulevard and the other on Desert Canyon Drive. This proposal covers the final design and
development of the Phase 1 construction documents. The current contract(Contract No. 2019-079) will
be amended to refine the channel grading and sidewalk replacement of the recommended alternatives
and to produce construction drawings that the Town can use to contract the construction of the channel
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JE FULLER
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www.jefuller.com
grading and sidewalk replacement of the recommended improvements. An overview of all the
recommended improvements is attached as Exhibit 1.
The following is a scope of services to complete the construction design plans for Phase 1, where Phase 1
includes the channel grading and sidewalk replacement.
SCOPE OF SERVICES
The following tasks below encompass the scope of services to finalize the Phase 1 design and produce
bid-ready construction design plans for the Town. A task item is also included that begins the Agency
coordination that will be required to complete the Phase 2 recommended improvements (shown in
Exbibit 1)
• Task 1. Project Management and Site Visit.This task includes up to three (3) in-person progress
meetings as well as one (1)field visit to observe post-Sept. 2019 flood impacts and maintenance
changes to the area.
• Task 2. New Topography, and Basemap Preparation. The most recent detailed topography for the
area predates the 2018 flood and subsequent maintenance alterations to the park terrain.
Moreover, the existing topography is not of adequate resolution for detailed engineering design
and construction quantities. Additionally, during the conceptual alternatives evaluation,
numerous detailed planimeteric features were noted that will require field survey of hard
features such as edge of pavement, building footprints, walls, etc. This additional field survey will
be incorporated into the CAD basemap for the final design drawings. JE Fuller will engage a
registered land surveyor and bill this cost as a direct expense. See attached fee for cost
breakdown.
• Task 3. Utilities. JE Fuller will work with the Town and a utility subcontractor to locate key utilities
and elevations before finalizing the grading and design of the new construction features, Utility
relocation requirements for the various project elements will also be determined. This task will
require collection of utility quarter section maps, contacting Blue Stake for a utility mark-out and
subsequent survey, and may require potholes to accurately determine the elevation of the utility.
The utility subcontractor will provide a utility base map using the results of Task 3. Potholes and
sewer inverts and locations will be provided by the Town. JE Fuller's utility subconsultant's cost is
estimated as a direct expense in the attached fee estimate. JE Fuller's time for this task is also
estimated in the attached fee estimate.
• Task 4.Construction Document Preparation.JE Fuller will prepare the necessary construction
documents for the Phase 1 improvements. This work includes the channel rough grading, and
sediment basins within the Park, and sidewalk replacement for the 3 sidewalk crossings (2
crossings on Bristol Wash and 1 on Cloudburst Wash).
Bid and Construction Contract Documents will be prepared by the Town. JE Fuller will prepare
construction plans and provide an engineer's opinion of construction cost (EOCC). Technical
specifications for channel grading and screening of the removed material will be provided. No
other special provisions or conditions are anticipated, and all construction shall be referenced to
Page 12
JE FULLER y Fs� f
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www.jefuller.com
the latest MAG Standard Details and Specifications or specifications provided by the Town of
Fountain Hills. All applicable information will be included on the construction plans. JE Fuller will
prepare and submit the construction plans and an EOCC at the 60% and 90%design levels for
Agency review and comment. A Final Sealed set of construction documents will be provided once
all comments have been resolved.
The following is a list of anticipated sheets related to the drainage elements for the Phase 1
portion of the project within or adjacent to Golden Eagle Park:
- 1 Title Sheet
- 1 Control Sheet
- 1 Notes Sheet
- 5 Plan and Profile Sheets at 40-scale (Ashbrook, Bristol, and Cloudburst Washes within Golden
Eagle Park)
- 2 Grading Plan Sheets for Sedimentation Basins
- 1 Plan and Profile Sheet for minor drainage channel within Park
- 1 Utility Conflict Sheet
- 4 Misc. Detail Sheets (e.g., sidewalk replacement, concrete channel guide sections, armoring
of drop on Bristol, etc.)
This leads to an estimated total sheet count of 16 sheets.
• Task 5. Final Engineer's Design Report. A final design report will be provided to document the
steps taken in the analysis supporting the final design and EOCC. This task also includes final edits
to the draft conceptual design report that was submitted to the Town in October 2019.
• Task 6.Agency Coordination.JE Fuller will engage FCDMC and ADWR for feasibility of lowering the
drop inlet on the auxiliary outlet of Golden Eagle Park Dam (one alternative that was outlined in
the October 2019 conceptual design report). This task includes up to three (3) meetings with
FCDMC and/or ADWR. As a part of this task,JE Fuller will coordinate with the Town for
development of future Phases of the final design project.
. _ P I
JE FULLER
dell ne•communicete•soivs www.jefuller.com
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 the Phase 1 final design services on a time and materials basis not to exceed
the amount of$116,536 as outlined in the attached fee table.
Table 1.Fee Estimate
Golden Eagle Park Drainage improvements
Fee Estimate-Phase 1 Final Design
Principal Project Manager Project Engineer ER
Task $ 155 $ 125 $ 118 $ 95
1 Project Management and Site Visit 12 36 24 $ 9,192
3 Utility Location 2 8 4 2 $ 1,972
4 Construction Document Preparation 12 32 64 172 $ 29,752
5 Final Engineer's Design Report 2 16 20 24 $ 6,950
6 Agency Coordination 8 16 16 8 $ 5,888
Labor Total: $ 53.754
Direct Costs
Task 2.New Topography $ 21,740
Task 3.Utilities(Includes Allowance for Possible Relocation Plans) $ 40,812
Mileage(400 ml @$0.575/mi) $ 230
Direct Costs Total: $ 62,782
Total $116,536
Assuming a notice to proceed (NTP) date of February 18, 2020, an estimated milestone schedule is
outlined below.
• NTP—February 18, 2020
• Topography/Basemap Acquisition—March 19, 2020
• 60% Design Plan Submittal—April 26, 2020
o TOFH Review (2 weeks)
• 90% Design Plan Submittal—May 28, 2020
o TOFH Review (2 weeks)
• Final Submittal—June 25, 2020
(4
JE FULLER
d.tina•communicate•aoiva www.jefuller.com
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, 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. Data acquisition fees
c. Landscaping Design
d. Environmental Permitting
e. Agency review fees
f. CLOMR/LOMR Applications
g. Geotechnical Services
h. Construction Staking
i. Re-staking of any kind
j. Hard Copy Full Size Plans, Blueprints, or Mylars
k. Construction Phase or Post Design Services including As-Built Drawing Preparation
Thank you again for requesting our services. We are looking forward to working with you on this project.
Sincerely,
JE Fuller/Hydrology& Geomorphology, Inc.
Richard Waskowsky, PE
Vice-President
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