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Home My WebLink AboutC2021-039.2 - NFRA1 Contract No. 2021-039.2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NFRA, INC. THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Second 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 (and Amended via Amendment No. 1, dated October 10, 2022), 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 Second Amendment have the same meanings as contained in the Agreement. B. The Town has determined that it is necessary to add additional services. C. The Town and the Consultant desire to enter this Second Amendment (i) to reflect the additional services as in Exhibit D, as attached, and (ii) provide for compensation for the additional 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 $93,376 for the Services, resulting in an increase of $13,444. 2. Exhibit D, as attached, is hereby incorporated 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 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. 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. 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. 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] 7 ATTESTED TO: _______________________________ Linda G. Mendenhall, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney ____________________________________ Rachael Goodwin, Interim Town Manager “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation FOR THE CONTRACTOR: __________________________ By: _______________________ Name:_____________________ Title: ______________________ NFRA, Inc., a(n) Arizona corporation Randal Weyrauch (May 4, 2023 07:52 PDT) Randal Weyrauch Vice President Randal Weyrauch Aaron Arnson (May 5, 2023 07:17 PDT) Aaron Arnson Rachael Goodwin (May 8, 2023 07:43 PDT) Rachael Goodwin EXHIBIT D TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NFRA, INC. [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 April 19, 2023 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 and Deuce Court Drainage Improvements Scope of Work and Fee Proposal – CO #1 Dear Mr. Weldy, NFra Inc. is pleased to provide this change order proposal to revise the plans based on our pre- construction meeting and to provide post design services. It is our understanding that construction staking by Consultant Registered Surveying (CRS) will be by separate contract between the Town and CRS. NFra’s fee for professional civil engineering design services for the work as described above will be for the total amount of $13,444.00. We are looking forward to continue 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\Submittal 041923\Fountain Hills Grande-Rosita_Deuce Ltr 041923.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 2 CLIENT: TOWN OF FOUNTAIN HILLS PROJECT LOCATION: GRANDE BOULEVARD AND ROSITA DRIVE PROJECT LOCATION: DEUCE COURT PROJECT NAME: GRANDE BLVD – ROSITA DRIVE DRAINAGE IMPROVEMENTS DEUCE COURT DRAINAGE IMPROVEMENTS SCOPE OF WORK – DESIGN PHASE – CHANGE ORDER #1 A. PROJECT UNDERSTANDING Per the outcome of the pre-construction meeting on April 17, 2023, the Town of Fountain Hills has requested plan revisions at both project sites and NFra will provide post design services. B. DESIGN TASKS Grande – Rosita: NFra will revise the channel design to provide curb return inlet and outlet to the concrete channel instead of the original proposed scuppers. Removable bollards will be installed to allow access for the Town’s maintenance crews to maintain the channel. NFra will also include two-four inch conduits for utility companies use in relocating their facilities at both ends of the channel. Deuce Court: NFra will revise the storm drain profile to avoid the sanitary sewer service line that was identified during the pre-construction field meeting. Revisions will be based on the outcome of the potholing investigations being completed by the Town. Submittals: NFra will revise the plans and resubmit final plans to the Town for construction. Submittal will include revised quantities and construction cost estimates. C. POST DESIGN SERVICES Construction observations will be provided by NFra with the intent of rendering professional opinions regarding the quality of the completed construction strictly related to NFra’s design scope of work for the project. This task should not be construed to warrant the work of any contractor. One representative from NFra will attend the kickoff meeting with the Town and Contractor to discuss the design plans and proposed construction activities. Meeting is anticipated to be three hours in length. One representative from NFra will attend a construction meeting at the project site to discuss and resolve any conflicts. Preparation and meeting attendance is anticipated to be three hours in length. 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 2 NFra will review and respond to shop drawing submittals to ensure materials satisfy design requirements. Submittals anticipated include:  Concrete Mixes  Asphalt Mixes  Aggregate Base Course  Rock Riprap  Catch Basins  HDPE Pipe  Manhole  Bollards NFra will review and respond to request for information (RFI’s) that are related to NFra’s design plans. NFra will attend a project walk thru and provide a punch list of items that the contractor needs to address to comply with the design documents. Record drawings will be prepared for both project sites. D. ASSUMPTIONS 1. Construction staking will be provided by others. 2. NFra is not responsible for construction testing or inspections, including material testing. 3. NFra is not required to be on-site on a daily basis. If requested, NFra will attend the project site to resolve construction conflicts, one meeting is anticipated. 4. Permitting, permitting fees, review fees, or other post design related fees are not included in NFra’s scope of work or expenses 5. Record drawings will be in pdf format and submitted electronically. E. COMPENSATION Compensation will be on a not to exceed basis: Design Service Fee: $13,444.00 Attachment A NFra Inc. Client: Town of Fountain Hills Project: Grande Boulevard - Rosita Drive - Deuce Court Drainage Improvements Design Cost Proposal - CO #1 ESTIMATED DIRECT LABOR (GRANDE-ROSITA-DEUCE DRAINAGE) Estimated Avg. Hourly Labor Classification Labor Hours Rate Cost Project Manager 16 $200.00 $3,200 Senior Project Engineer 48 $175.00 $8,400 Designer / Technician 14 $123.00 $1,722 78 Total Estimated Labor $13,322 ESTIMATED DIRECT EXPENSES Mileage - 3 Trips at 65 Miles x 0.625 $122 Total Estimate Expenses $122 ESTIMATED SUBCONSULTANT DIRECT LABOR & EXPENSES SUBTOTAL SUBCONSULTANTS $0 TOTAL ESTIMATED COST $13,444 4/19/2023 CONSULTANT SIGNATURE DATE FIGURES ROUNDED TO THE NEAREST DOLLAR 4/19/2023 Attachment ANFra Inc.Client: Town of Fountain HillsProject: Grande - Rosita - Deuce Drainage ImprovementsDesign Cost Proposal - CO #1Town of Fountain Hills: Grande Blvd - Rosita Drive - Deuce CourtTOTALHOURSDesign PlansRevise Deuce Court Storm Drain Plan and Profile Sheets 14 2 8 4Revise Grande - Rosita Channel Plan and Profile Sheets 14 2 8 4Quantities and Cost Estimates 4 1 3 0Subtotal Design Plans32 5 19 8Post Design ServicesGeneral Administration 5 5 0 0Kickoff Meeting3030Site Meeting3030Shop Drawing Reviews (8+/- Submittals) 16 4 12 0RFI Reviews8260Project Walk Thru 3 0 3 0Record Drawings 8 0 2 6Subtotal Post Design Services46 11 29 6TOTAL FOR GRANDE - ROSITA - DEUCE 78 16 48 14Project Manager Senior EngineerDesigner / Technician4/19/2023