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Home My Public Portal AboutAmendment No. 1 to Contract No. 97-2018 - Burke Engineering - Professional Certification ServiciesAMENDMENT NO. 1 to CONTRACT NO.97-2018 THIS ADDENDUM, Addendum No. 1 to Contract No. 97-2018, is made and entered into this �_ day of � ) , 2020, by and between Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners of the Richmond Sanitary District and its Storm Water Management Board, with its office at 50 North 5th Street, Richmond, Indiana, 47374 (hereinafter referred to as "City"), and Christopher B. Burke Engineering, LLC, 115 W. Washington St., Suite 1368 South, Indianapolis, Indiana 46204 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 97-2018 on August 14, 2018,.in which the Contractor was to provide City, in an amount not to exceed Two Hundred Nineteen Thousand Seven Hundred Dollars and No Cents ($219,700.00), its professional engineering services related to the Richmond Wastewater Treatment Plant ("WWTP") for purposes of gathering data, design; permitting, bidding assistance;' construction -related services and a letter . of map revision for certification of the levee around the WWTP, all of which was attached as Exhibit "A" to Contract No. 97-2018; and WHEREAS, Due to conflict with the existing biosolids loadout station, City has decided to proceed with an automated temporary flood control structure to eliminate the need to revise the biosolids loadout facility. Contractor has provided the City a design and plan for the Richmond Wastewater Treatment Plant Levee Restoration with a temporary closures design memo, data gathering, design drawings and construction administration, all as set forth in Exhibit "A" to this Amendment No. 1 to Contract 97-2018. Said Exhibit "A", consisting of 2 (two) pages,. describes the additional scope of its services and its fee proposal for such services, all of which is set forth in Exhibit A", and shall be for an hourly amount not to exceed an additional Twenty - Eight Thousand Dollars and No Cents ($28,000); and WHEREAS, City and Contractor agree to amend Contract No. 97-2018 for additional services as set forth in the above "WHEREAS", with all .other terms and covenants of Contract No. 97-2018, remaining intact and unchanged, except that there would be additional costs and expenses incurred by Contractor in an amount not to exceed Twenty -Eight Thousand Dollars and No Cents ($28,000.00) for the additional services and expenses sought in this Addendum No. 1. to Contract No. 97-2018, for a total amount due Contractor from City not to exceed Two Hundred Forty -Seven Thousand Seven Hundred Dollars .and No Cents ($247,700.00) for Contract No. 97-2018, :as amended in this Addendum No 1 to Contract No. 97-2018. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained; including the above stated recitals, City and Contractor agree as follows: Addendum No.1 to Contract No. 97-2018 Pagel of 3 The City and Contractor executed and entered into Contract No. 97-2018, on August 14, 2018. Pursuant to Contract No. 97-2018, Section XI. Miscellaneous, Contract No. 97-2018 may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes and signed by both parties. 2. Contractor shall provide construction engineering services related to the WWTP Levee Restoration project, including, but not limited to, a temporary closures design memo, data gathering, design drawings and construction administration, all as set forth and described in Exhibit "A" to this Amendment No. 1 to Contract No. 97- 2018. a. Contractor's additional costs and expenses for the services provided as set forth Exhibit "A" in this Addendum No. 1 to Contract No. 97-2018, shall not exceed Twenty -Eight Thousand Dollars and No Cents ($28,000.00), for a total amount not to exceed Two Hundred Forty -Seven Thousand Seven Hundred Dollars and No Cents ($247,700.00) for Contract No. 97-2018 and this Addendum No. 1 to Contract No. 97-2018. All funds for the services in Addendum No. 1 to Contract No. 97-2018 shall be paid equally (50% each) between the Richmond Sanitary District and the Storm Water Department. Both City and Contractor acknowledge and agree that, other than what is set forth above in paragraph number 2, the remainder of the terms, conditions and covenants in Contract No. 97-2018 shall remain intact and unchanged and shall continue to be in full force and effect. 4. Both parties agree that any person executing this Addendum No. 1 to Contract No. 97-2018, in a representative capacity warrants that he or she has been duly authorized in writing by his or her principal to execute this Addendum and such authorization has not been rescinded or revoked. IN WITNESS WHEREOF, this Addendum No. 1 to Contract No. 97-2018, is executed and. approved by the undersigned representatives of the City and Contractor this '2 1 day of ftn 2020, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: ue Miller, President By:. C:7; Amara Bakshi, Vice -President "CONTRACTOR" CHRISTOPHER B. BURKE ENGINEERING, LLC By: 3 Printed: b • J4a +Z Title: Vic- pf{ s:��J Page 2 of 3 By: Greg-4,tien , ember THE CITY OF RICHMOND, INDIANA, by and through its Storm Water Management Board G teins, resident Am5pBakshi, Vice President Sue Miller, Member Dated: APPROVED: Snow, ayor City of Richmond, In Tana Date: o Date: Page 3 of 3 April 13, 2020 Mr. Elijah Welch Richmond Sanitary District 2380 Liberty Ave. Richmond, IN 47374 Subject: Richmond Wastewater Treatment Plant Levee Restoration Amendment No. 1 Dear Mr. Welch: In accordance with our contract, we are notifying you of a change in the scope of work for this project that will result in additional work that was not included in out original contract. Specific scope changes and resulting additional fees are outlined below. BACKGROUND With the original agreement, the District contracted Burke to design rehabilitation and improvement to the levee as well as to seek a Letter of Map Revision (LOUR) from FEMA to remove areas protected by the levee from the SFHA. The project included the original levee south of the sludge storage tank only. To achieve a connection to continuous natural high ground without relying on the upstream levee segment, the levee will need to be extended approximately 270 feet to the east along the road north of the sludge storage tank. During the 30% design review meeting with the District, it was determined that the proposed levee grading near the truck filling station would adversely affect the ability to .fill the trucks to capacity. Burke provided design alternatives to the District for temporary closure options in lieu of the required levee grading in a memo dated December 19, 2019. The District:has since selected the Floodbreak Automatic Floodgate system alternative. ADDITONAL SCOPE OF WORK ITEMS The additional services provided by Burke for the work to modify the design are as follows: • Temporary Closures Design Memo: Burke prepared a design memo to evaluate alternatives for temporary closures of the levee around the wastewater treatment plant. As part of the memo, Burke prepared a conceptual layout as well as cost estimates for each alternative. • Data Gathering: In order to incorporate the temporary closures structure into the design, additional survey and geotechnical analysis will be required to obtain enough data to complete the design along the revised alignment. Design Drawings: Burke will update the design drawings to incorporate the Floodbreak Floodgate. The additional scope of work will include structural design of concrete floodwall, revised grading along revised alignment, and coordination with Floodbreak on design parameters of the flood gate system. • Construction Administration: With the expanded design components, additional shop drawing reviews will be required for concrete mix design, rebat, and flood gates. EXHIBIT'A' Page 1 of 2 ESTIMATED FEE We have estimated the total cost for the tasks outlined above to be $28,000. This amendment would increase the total estimated fee for this project to $247,700 and is subject to the general terms and conditions included in the original contract dated August 14, 2018. We appreciate your consideration and look forward to working with you towards successful completion of this project. Please contact me or Andrew Miller, PE at the number listed above if you have any questions. Sincerely, J-1�71 5 Jon D. Stolz, PE IAlanaging Vice President THIS AMENDMENT AND ESTIMATED FEE ARE ACCEPTED BY RICHMOND SANITARY DISTRICT: Signature: Name (Printed): Title: Date: ��-LIC)Lcl,()C;� 0 /lam EXHIBIT'A' Page 2 of 2