HomeMy WebLinkAboutC2021-039.1 - NFRA1
Contract No. 2021-039.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
NFRA, INC.
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 NFRA, Inc., a(n) Arizona corporation (the
“Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated March 22, 2021, for the Consultant to provide civil engineering services,
including, but not limited to, civil engineering plans, specifications, construction details and/or
construction documents, and engineering estimates (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 add additional services (Exhibit
C).
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to (i) add additional services and (ii) provide for compensation to the Consultant for
the Services.
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. Compensation. The Town shall pay Consultant an aggregate amount not to exceed
$79,932 (including all renewals) for the Services, resulting in an increase of the cumulative
contract amount by $59,205.
2. EXHIBIT C. Exhibit C, as attached, is hereby incorporated into the Agreement by
this reference.
2
3. 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.
4. 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.
5. 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.
6. 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
Grady E. Miller, Town Manager
ATTEST:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Aaron Arnson (Oct 10, 2022 16:11 PDT)
Linda Mendenhall (Oct 10, 2022 16:17 PDT)
Linda Mendenhall
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
NFRA, Inc., a(n) Arizona corporation
Randal Weyrauch (Sep 29, 2022 07:40 PDT)
Randal Weyrauch
Randal Weyrauch
Vice President
EXHIBIT C
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
NFRA, INC.
[Quote/Additional Scope]
See following pages.
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
August 31, 2022
Justin T. Weldy
Public Works Director
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RE: Town of Fountain Hills
Deuce Court Drainage Improvements
Scope of Work and Fee Proposal
Dear Mr. Weldy,
NFra Inc. is pleased to provide professional civil engineering design services for the Deuce Court
Drainage Improvements Project for the Town of Fountain Hills. Our scope of services and fees are
based upon our understanding of the project from our email correspondence and field visit on March 4,
2022. Our understanding is NFra will provide drainage design services to alleviate drainage issues
within the Deuce Court cul-de-sac. Drainage improvements will include new catch basins, pipes and
structures to convey runoff from the cul-de-sac to an existing outlet structure.
NFra’s fee for professional civil engineering design services for the work as described above will be
for the total amount of $21,738.00. This includes fees from our subconsultant, Consultant Registered
Surveying, Inc. for topographic survey.
We are looking forward to working with the Town of Fountain Hills on this project. If you have any
questions, please feel free to contact me at (602) 443-6066 or rweyrauch@nfrainc.us.
Sincerely,
Randy Weyrauch, P.E.
Project Manager
L:\Project Management\Fountain Hills\Deuce Court\Submittal 083122\Fountain Hills Deuce Court Ltr 083122.doc
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
Page 1 of 3
CLIENT: TOWN OF FOUNTAIN HILLS
PROJECT LOCATION: DEUCE COURT AND LA COSTA DRIVE
PROJECT NAME: DEUCE COURT DRAINAGE IMPROVEMENTS
SCOPE OF WORK – DESIGN PHASE
A. PROJECT UNDERSTANDING
This Town of Fountain Hills project will construct new drainage improvements at the end of
the Deuce Court cul-de-sac to address past and future flooding concerns. Improvements will
include replacing a catch basin, adding a new catch basin, new pipes and structures to convey
runoff from the east end of the cul-de-sac to an existing bubble-up structure located east of the
residents where the runoff discharges onto the surface within an existing drainage easement.
B. NFra Inc. (NFra) TASKS
NFra will design and provide drainage design plans and opinion of probable cost for the
drainage improvements. NFra will conduct a site investigation to understand the existing
features that will be impacted by the proposed improvements. Project will be coordinated with
the Maricopa County Flood Control District (FCD) since the project is partially funded by a
FCD grant.
Task 100: Drainage Design Services:
Deuce Court Drainage Improvements: NFra will provide drainage design services and
prepare construction documents for the following improvements:
Remove existing catch basin and a portion of the existing 4" pipe and replace with
a new catch basin with appropriate sump that is capable of accommodating an 18"
HDPE pipe. Existing catch basin is located on the south side of the 16868 Deuce
Court property.
Add a new catch basin on north side of the 16868 Deuce Court property.
Add a HDPE connector pipe between the two new catch basins. This will require
existing curb and gutter and pavement to be removed and replaced.
Add a HDPE discharge pipe from the north catch basin to the existing storm drain
system located east of the residents in the cul-de-sac. Discharge pipe will be
located within an existing drainage easement.
o Design will consider adding a new junction structure at the connection
point to the existing system to provide an enclosed system that will
eliminate potential leaking or failed connection that could impact the
residents in this area.
Remove and replace existing rocks within the existing drainage easement.
Existing terrain will be replaced to existing condition and any shrubs that are
damaged will be replaced. Trees will be avoided where possible.
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
Page 2 of 3
Evaluate grading around existing bubble-up structure to ensure flows continue
easterly as originally designed.
Submittals: All submittals will be made to the Town for their distribution to project
stakeholders for review as the design progresses. The final submittal will include sealed
documents for construction. Construction drawings will be submitted to the Town in
electronic format, saved to 22" x 34" (ANSI “D” size) for plotting at true half size (11" x
17") pdf’s. Submittals will occur at the following stages:
60% Submittal: NFra will submit CAD files, pdfs of the design plans, and
opinion of probable construction costs to the Town.
100% Submittal: NFra will submit CAD files, pdfs of the design plans, and
opinion of probable construction costs to the Town.
Final Submittal, Sealed: NFra will submit CAD files, sealed pdfs (22" x 34" and
11" x 17") of the design plans, 22" x 34" sealed plan sheets on bond paper, and
final opinion of probable construction costs to the Town.
Task 200: Coordination / Meetings:
NFra will provide the following coordination and attend meetings to discuss and resolve
conflicts with the project improvements.
FCD: NFra will coordinate the design and plan reviews with FCD to obtain their
input and approval.
Utilities: NFra will coordinate with each identified utility to confirm no conflicts
exist with the proposed improvements. Utilities will be relocated if needed.
Potholes are not anticipated for the design.
Site Visits: NFra will perform a site investigation to identify and confirm existing
features and potential conflicts. Two representatives from NFra will conduct the
site visit which is anticipated to be two hours in length.
Town Meetings: NFra will meet Town representatives at the project site to review
design plans and to clarify project impacts and constructability items. Other
coordination will be handled with email correspondence, phone conversations, or
in person meetings.
Task 300: Quantities / Estimates / QC:
NFra will prepare quantities and opinion of probable cost for the project.
NFra will conduct internal quality control on all plans and calculations prior to each submittal
to ensure conformance to project requirements.
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
Page 3 of 3
Task 400: Topographic Survey:
Survey will be provided by Consultant Registered Surveying, Inc (CRS). See Attachment B
for CRS’s scope of work and fee proposal.
C. ASSUMPTIONS
1. Geotechnical investigations and reports will not be required.
2. New right-of-way or easements are not required.
3. SWPPP will not be required.
4. Public meetings are not required.
5. Permitting, permitting fees, review fees, or other design related fees are not included in
NFra’s scope of work or expenses.
6. Environmental Clearance is not required.
7. NFra is not responsible for construction testing or inspections, including material
testing.
8. Drainage report or memorandum is not required.
9. Offsite drainage analysis is not required.
10. Post design services are not included with this proposal.
D. COMPENSATION
Compensation will be on a not to exceed basis:
Design Service Fee: $21,738.00
E. SCHEDULE
Design schedule will be approximately three months from the time survey is received after
Notice to Proceed.
Attachment A
NFra Inc.
Client: Town of Fountain Hills
Project: Deuce Court Drainage Improvements
Design Cost Proposal
ESTIMATED DIRECT LABOR (DUECE COURT DRAINAGE)
Estimated Avg. Hourly Labor
Classification Labor Hours Rate Cost
Project Manager 17 $200.00 $3,400
Senior Project Engineer 49 $175.00 $8,575
Designer / Technician 54 $123.00 $6,642
120 Total Estimated Labor $18,617
ESTIMATED DIRECT EXPENSES
Mileage - 1 Trips at 65 Miles x 0.625 $41
Total Estimate Expenses $41
ESTIMATED SUBCONSULTANT DIRECT LABOR & EXPENSES
Consultant Registered Surveying, Inc (Survey) - Task 400 $3,080
SUBTOTAL SUBCONSULTANTS $3,080
TOTAL ESTIMATED COST $21,738
8/31/2022
CONSULTANT SIGNATURE DATE
FIGURES ROUNDED TO THE NEAREST DOLLAR
8/31/2022
Attachment ANFra Inc.Client: Town of Fountain HillsProject: Deuce Court Drainage Improvements Design Cost ProposalTown of Fountain Hills - Deuce Court Drainage Improvements HOURSTOTALSHEETS PER SHEET HOURSTASK 100: Drainage Design ServicesCover Sheet / General Notes / Legend 1 2.02011FCD General Notes and Details 2 1.02011Drainage Plan and Profile Sheets 2 30.0 60 4 20 36Miscellaneous Details Sheet (Drainage Structure, Grading, Misc)2 14.0 28 2 12 14TASK 200: Coordination / MeetingsFCD Coordination1010Utility Coordination6042Site Visit4220Town Meeting - Field Review6330General Administration / Coordination 5500TASK 300: Quantities / Estimate / QCQuantities, Cost Estimate and QC4130TASK 400: SurveyingCoordination with CRS2020TOTAL FOR DEUCE COURT120 17 49 54Project Manager Senior EngineerDesigner / Technician8/31/2022
ATTACHMENT B
ATTACHMENT B
Randy Weyrauch
Vice President
ATTACHMENT B
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
August 31, 2022
Justin T. Weldy
Public Works Director
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RE: Town of Fountain Hills
Grande - Rosita Drainage Improvements
Scope of Work and Fee Proposal
Dear Mr. Weldy,
NFra Inc. is pleased to provide professional civil engineering design services for the Grande-Rosita
Drainage Improvements Project for the Town of Fountain Hills. Our scope of services and fees are
based upon our understanding of the project from our email correspondence and field visit on March 4,
2022. Our understanding is NFra will provide drainage design services to alleviate drainage issues with
the unlined ditch that conveys storm water runoff from Grande Boulevard to Rosita Drive. Drainage
improvements will include new scuppers and replacing the natural ditch with a concrete lined ditch to
reduce erosion and frequent maintenance.
NFra’s fee for professional civil engineering design services for the work as described above will be
for the total amount of $37,467.00. This includes fees from our subconsultant, Consultant Registered
Surveying, Inc. for survey and preparation of legal descriptions and exhbits.
We are looking forward to working with the Town of Fountain Hills on this project. If you have any
questions, please feel free to contact me at (602) 443-6066 or rweyrauch@nfrainc.us.
Sincerely,
Randy Weyrauch, P.E.
Project Manager
L:\Project Management\Fountain Hills\Grande-Rosita\Fountain Hills Grande-Rosita Ltr 083122.doc
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
Page 1 of 3
CLIENT: TOWN OF FOUNTAIN HILLS
PROJECT LOCATION: DITCH BETWEEN GRANDE BOULEVARD AND ROSITA DRIVE
PROJECT NAME: GRANDE BLVD – ROSITA DRIVE DRAINAGE IMPROVEMENTS
SCOPE OF WORK – DESIGN PHASE
A. PROJECT UNDERSTANDING
This Town of Fountain Hills project will construct new drainage improvements to improve an
unlined ditch between Grande Boulevard and Rosita Drive to address past and future flooding
concerns as well as frequent maintenance issues. Improvements will include replacing the
existing unlined dirt ditch with a concrete lined u-shaped ditch to convey storm water runoff
from Grande Boulevard to Rosita Drive.
B. NFra Inc. (NFra) TASKS
NFra will design and provide drainage design plans and opinion of probable cost for the
drainage improvements. NFra will conduct a site investigation to understand the existing
features that will be impacted by the proposed improvements. Project will be coordinated with
the Maricopa County Flood Control District (FCD) since the project is partially funded by a
FCD grant.
Task 100: Drainage Design Services:
Grande Boulevard to Rosita Drive Drainage Improvements: NFra will provide
drainage design services and prepare construction documents for the following
improvements:
Remove existing curb and gutter and replace with a new scupper on Grande
Boulevard.
Add a new concrete lined u-shaped ditch to replace the existing dirt lined ditch.
The concrete ditch will include a safety rail on top of the vertical walls.
The Town has removed existing trees and tree stumps that are within the proposed
drainage improvements. Existing ditch will be cleared and grubbed.
The existing sanitary sewer line will need to be protected in place. Ditch may need
to meander to avoid conflicts with a manhole. Sewer depth will be determined
with survey.
Add a new reverse pan scupper or curb opening at ditch outlet onto Rosita Drive.
A baffle system will be considered with the concrete lined option to reduce
velocities.
Existing driveways and paver areas will be protected in place.
Submittals: All submittals will be made to the Town for their distribution to project
stakeholders for review as the design progresses. The final submittal will include sealed
documents for construction. Construction drawings will be submitted to the Town in
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
Page 2 of 3
electronic format, saved to 22" x 34" (ANSI “D” size) for plotting at true half size (11" x
17") pdf’s. Submittals will occur at the following stages:
Pre 60% Submittal: NFra will prepare a roll plot with plan view and profile for
the Town to coordinate with property owners for drainage easement acquisition
and right-of-entry.
60% Submittal: NFra will submit CAD files, pdfs of the design plans, and
opinion of probable construction costs to the Town.
100% Submittal: NFra will submit CAD files, pdfs of the design plans, and
opinion of probable construction costs to the Town.
Final Submittal, Sealed: NFra will submit CAD files, sealed pdfs (22" x 34" and
11" x 17") of the design plans, 22" x 34" sealed plan sheets on bond paper, and
final opinion of probable construction costs to the Town.
Task 200: Coordination / Meetings:
NFra will provide the following coordination and attend meetings to discuss and resolve
conflicts with the project improvements.
FCD: NFra will coordinate the design and plan reviews with FCD to obtain their
input and approval.
Utilities: NFra will coordinate with each identified utility to confirm no conflicts
exist with the proposed improvements. Utilities will be relocated if needed.
Potholes are not anticipated for the design.
Site Visits: NFra will perform a site investigation to identify and confirm existing
features and potential conflicts. Two representatives from NFra will conduct the
site visit which is anticipated to be two hours in length.
Town Meetings: NFra will meet Town representatives at the project site to review
design plans and to clarify project impacts and constructability items. Other
coordination will be handled with email correspondence, phone conversations, or
in person meetings.
Task 300: Quantities / Estimates / QC:
NFra will prepare quantities and opinion of probable cost for the project.
NFra will conduct internal quality control on all plans and calculations prior to each submittal
to ensure conformance to project requirements.
NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937
a transportation engineering firm
Page 3 of 3
Task 400: Topographic Survey:
Topographic survey will be provided by Consultant Registered Surveying, Inc (CRS). See
Attachment B for CRS’s scope of work and fee proposal.
Task 500: Legal Descriptions and Exhibits:
Four legal descriptions and exhibits will be prepared by Consultant Registered Surveying, Inc
(CRS) to convey drainage easements to Town ownership. See Attachment C for CRS’s scope
of work and fee proposal.
C. ASSUMPTIONS
1. Geotechnical investigations and reports will not be required.
2. No new right-of-way is required. The Town will obtain right-of-entry for the
improvements.
3. SWPPP will not be required.
4. Public meetings are not required.
5. Permitting, permitting fees, review fees, or other design related fees are not included in
NFra’s scope of work or expenses.
6. Environmental Clearance is not required.
7. NFra is not responsible for construction testing or inspections, including material
testing.
8. Drainage report or memorandum is not required.
9. Offsite drainage analysis is not required.
10. Post design services are not included with this proposal.
D. COMPENSATION
Compensation will be on a not to exceed basis:
Design Service Fee: $37,467.00
E. SCHEDULE
Design schedule will be approximately three months from the time survey is received after
Notice to Proceed.
Attachment A
NFra Inc.
Client: Town of Fountain Hills
Project: Grande Boulevard - Rosita Drive Drainage Improvements
Design Cost Proposal
ESTIMATED DIRECT LABOR (GRANDE-ROSITA DRAINAGE)
Estimated Avg. Hourly Labor
Classification Labor Hours Rate Cost
Project Manager 36 $200.00 $7,200
Senior Project Engineer 100 $175.00 $17,500
Designer / Technician 68 $123.00 $8,364
204 Total Estimated Labor $33,064
ESTIMATED DIRECT EXPENSES
Mileage - 3 Trips at 65 Miles x 0.625 $122
Total Estimate Expenses $122
ESTIMATED SUBCONSULTANT DIRECT LABOR & EXPENSES
Consultant Registered Surveying, Inc (Survey) - Task 400 $1,650
Consultant Registered Surveying, Inc (LD&E) - Task 500 $2,640
SUBTOTAL SUBCONSULTANTS $4,290
TOTAL ESTIMATED COST $37,476
8/31/2022
CONSULTANT SIGNATURE DATE
FIGURES ROUNDED TO THE NEAREST DOLLAR
8/31/2022
Attachment ANFra Inc.Client: Town of Fountain HillsProject: Grande - Rosita Drainage ImprovementsDesign Cost ProposalTown of Fountain Hills: Grande Blvd - Rosita Drive Drainage Improvements HOURS TOTALSHEETS PER SHEET HOURSTASK 100: Drainage Design ServicesCover Sheet / General Notes / Legend / Typical Section 1 14.0 14 266FCD General Notes and Details 2 5.0 10 2 4 4Drainage Plan and Profile Sheets 2 44.0 88 6 50 32Miscellaneous Details Sheet (Drainage Structure, Grading, Misc)2 24.0 48 6 20 22TASK 200: Coordination / MeetingsFCD Coordination2020Utility Coordination6042Site Visit6330Town Meeting - Field Review6330General Administration / Coordination 6600TASK 300: Quantities / Estimate / QCQuantities, Cost Estimate and QC12462TASK 400: SurveyingCoordination with CRS4220TASK 500: Legal Descriptions and Exhibits (4 Parcels)Coordination with CRS2200TOTAL FOR GRANDE - ROSITA 204 36 100 68Project Manager Senior EngineerDesigner / Technician8/31/2022
ATTACHMENT B
Randy Weyrauch
Vice President
ATTACHMENT B
ATTACHMENT B
Randy Weyrauch
Vice President
ATTACHMENT C