HomeMy WebLinkAboutC2020-071.2 - Wood Patel & Associates1
Contract No. 2020-071.2
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
WOOD, PATEL & ASSOCIATES, INC.
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Second Amendment”) is entered into as of March 1, 2022, between the Town of Fountain Hills,
an Arizona municipal corporation (the “Town”) and Wood, Patel & Associates, Inc., a(n) Arizona
corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated March 9, 2020, to provide Engineering Design Services (the “Services”).
B. The Town and the Consultant amended the Agreement via Amendment No. 1 dated
August 18, 2021, to (i) extend the term of the Agreement, (ii) add to the scope, and (iii) provide
for compensation to the Consultant for the Services.
C. The Town and the Consultant desire to enter this Second Amendment to amend the
Agreement to (i) extend the term of the Agreement, (ii) add to the scope of work (Exhibit A-2) and
(iii) provide for compensation to the Consultant for the Services. All capitalized terms not
otherwise defined in this Second 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:
1. Term of Agreement. The term of the Agreement is hereby extended until February
23, 2023, unless terminated as otherwise provided pursuant to the terms and conditions of the
Agreement.
2. Compensation. The Town shall pay Consultant an amount not to exceed $3,200
for the Services, resulting in an increase of the cumulative contract amount from $178,205 to
$181,405.
3. Exhibit A-2 attached is hereby incorporated by this reference.
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 Second 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 Second 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 Second 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 Second 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
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth Klein (Mar 1, 2022 11:21 MST)
“Contractor”
____________________________________,
By:
Name:
Title:
Wood, Patel & Associates, Inc., a(n) Arizona corporation
Nicholas E. Brown (Feb 28, 2022 12:01 MST)
Nicholas E. Brown
Vice President
Nicholas E. Brown
EXHIBIT A-2
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
WOOD, PATEL & ASSOCIATES, INC.
[Addition to Scope of Work]
See following pages.
Page 1
Client Town of Fountain Hills Date February 16, 2022
Contact Mr. Justin T. Weldy, Public Works Director
16705 East Avenue of the Fountains Project Panorama Drive Phase 2
Fountain Hills, AZ 85268 Project No.WP# 205129.01
Phone 480.816.5133 Re Construction Management /
Limited Observation
Email jweldy@fh.az.gov Project Manager Nicholas E. Brown, PE
This confirms our understanding that the following extra work is authorized to proceed per the terms of our
original agreement, once approved by the Client.
Wood, Patel & Associates, Inc. (WOODPATEL) will provide additional Construction Management and Limited
Observation services.
Construction Management/Limited Observation-Additional ($3,200)
WOODPATEL will provide additional limited construction management and observation of the proposed
improvements according to the approved Issued for Construction set and technical specifications. We will attend the
pre-construction and final walk-through meetings, attend weekly progress meetings, and provide limited construction
observations, based on contractor's progress, and prepare a written summary of each site visit. At completion of
construction, we will review the storm drain as-built plan set for compliance with design standards and related to any
field changes made by the contractor during construction. WOODPATEL will notify the Client of work not constructed
in compliance with the required design standards. Work not constructed within agency established tolerances will
need to be resolved with the Client, and appropriate measures taken to comply.
WOODPATEL is proceeding based on authorization received via
☐ Written authorization ☒ Verbal/Email
Services to be
Fixed fee of $3,200, plus standard reimbursable expenses.
A $0 retainer is required to begin the professional services outlined above. This retainer will be applied to the final
project invoice per industry standard.
Please sign and return this form.
Wood, Patel & Associates, Inc.
February 16, 2022
Nicholas E. Brown, PE, Vice President Date
Professional Services Approved By Date
‘
Y:\WP\Proposals\Municipal Dept\205129.01 Panorama Dr Storm Drain Improvements Phase 2 CM ASA FH J Weldy 02-16-22.docx