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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