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HomeMy Public PortalAboutAddendum No. 1 to Contract No. 95-2014 - Metro - INDOT (R35686) - Rundell Ernstberger - Starr Gennett area redevelopmentCONTRACT ADDENDUM NO. 1 THIS SUPPLEMENTAL AGREEMENT, made and entered into this 26�'day of AI��ft,�ct 2015, by and between RUNDELL ERNSTBERGER ASSOCIATES, INC, Indianapolis, Indiana, hereinafter referred to as the "CONSULTANT", and the City of Richmond, IN, hereinafter referred to as the "LOCAL PUBLIC AGENCY" or "LPA" WHEREAS, on December 8's, 2014, the LPA entered into a Contract with the CONSULTANT for Construction Inspection services required for the construction of the Starr-Gennett Area Redevelopment, Richmond, Indiana, INDOT Project Des. No. 0810267, herein after referred to as the Contract, and WHEREAS, the LPA and the CONSULTANT have determined that a supplement to the Contract is required to include additional compensation for additional services and time expended by the Consultant in accordance with Section VI, Article 6 of the Contract, and WHEREAS, the LPA and the CONSULTANT have determined that this supplement will modify Appendix D of the Contract to include fees for these additional services. NOW, THEREFORE, the parties agree that the Contract shall be modified by this Contract Supplement No. 1 in accordance with the following: Appendix D of the Contract shall be modified as follows: Appendix D, paragraph 1, shall be MODIFIED to read: "1. The CONSULTANT shall receive as payment for the work performed under this Contract the total fee not to exceed $378,223.00 unless a supplement is executed by the parties that increases the maximum amount payable." [Remainder of Page Left Intentionally Blank] Page 1 of 2 Addendum #1, Contract 95-2014 IN TESTIMONY WHEREOF, the parties hereto have executed this Contract Supplement. CONSULTANT Rundell Ernstberger Associates, Inc. 618 E. Market Street Indianapolis, IN 46202 ignature Kevin Osburn. President (Print or type name and title) Attest: 1 1 Signature Carl Kincaid, Vice President (Print or type name and title) LOCAL PUBLIC AGENCY City of Richmond Board of Public Works & Safety 50 North 5" Street Richmond, IN 47374 Signature V/ (Print or type name and title) ��C�—)tvv-- Signature �1 ieNA� �00XG (Print or type Aame and title) Page 2 of 2 Addendum #1, Contract 95-2014 RUNDELL ERNSTBERCER ASSOCIATES 2015 September 28th Mr. Anthony Foster 11 Executive Director Department of Metropolitan Development City of Richmond 50 North 5th Street Richmond, IN 47374 rain I I N D I A N A P 0 L I S email reaindyfreaaite. com -11- I www.rea3ite.com RE: STARR QENNETT AREA REDEVELOPMENT I Richmond, IN INDOT Des No. 0810267 Supplement Request for Construction Inspection Services Dear Tony: Based on our conversations, we are hereby submitting this request for a supplement to the I -PA -Consultant Contract dated December 8, 2014 to continue providing full time Construction Inspection services for the aforementioned project as well to perform necessary construction close out services a s per the INDOT requirements. As such we request the City of Richmond's approval of this Contract Supplement No. 1 for additional fees to continue our full time inspection services to successfully complete the project. Explanation of Additional Services: Our request for additional compensation is due to the following: 1. Additional Hours: From an inspection standpoint, this project has turned out to be much more intense than initially anticipated during the fee proposal phase. Having a contractor not familiar with INDOT procedures, combined with the numerous site issues we have encountered, the accompanying delays which resulted in the contractor working extended hours including Saturdays have significantly increased the time that REA and our subconsultants on the inspection team have been required to spend on this project. As an example, the original agreement included 34 hours per week for the RPR for the entire duration of the project. However, the contractor has been working on an average 45- 50 hours a week including certain Saturdays, and we expect this to continue until the intermediate completion date of December 18t^. Our current contract balance does not have sufficient funds remaining to cover the additional inspection hours that would be needed to continue expending time at this rate. Therefore, we are requesting additional funds to cover these additional hours. We expect that we would need approximately 150 additional inspection hours from October to December 18th and another 112 hours for next year until final completion. Also we would need approximately 360 hours (45 days) to perform construction closeout activities per INDOT requirements. 2. Additional Testing: We have also exceeded the material testing budget for our testing consultant, Patriot Engineering. The testing budget included in the original agreement was based on the general testing requirements that were identified based on the 0 618 EAST MARKET STREET INDIANAPOLIS, INDIANA 46202 13171 263. 0 12 7 z LOUISVILLE OFFICE: TE [5021 561.8676 FX [5021 561.9076 z z a FAX: [317] 263.2080 0 z Starr Gennett Inspection p.2 of 2 information available that time. However, per the Contract Sample Checklist that we received from INDOT for this project after the start of the project, we have identified that additional testing hours are needed to meet the testing requirements identified in the checklist. We anticipate that Patriot Engineering would need an additional 120 hours to complete the necessary testing prior to final completion of the project as well additional equipment fees. 3. Contractor RFIs: To date, we have spent over 100 hours for RFI and shop drawing review which is significantly more than what we included in the original agreement (24 hours). This is due to the extensive number of RFIs and submittals we received on this project, as well as to address the numerous site issues that have arisen to date. Furthermore, due to the contractor's lack of experience with INDOT projects, several submittals were not per INDOT's requirements, causing our team to review and respond to them multiple times, all of which added more time to this task. We expect to receive more submittals and RFIs prior to the completion of the project, with an estimated additional 80 hours to complete this task. ADDITIONAL COMPENSATION: In, order for us to completely cover the aforementioned tasks, we request an additional not to exceed fees of $79,821.00. We have attached a Man-hour Justification with a detailed breakdown of the additional estimated hours and the proposed Contract Supplement No.1 Should you have any questions or comments, please don't hesitate to contact me. incerely, evin Osburn, PLA, ASLA Principal Attachments: Man-hour Justification Contract Supplement No.1