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Home My Public Portal AboutAddendum No. 1 to Contract No. 58-2010 - Burgess & Niple - Salisbury Road ProjectADDENDUM THIS AD, {Number 1 to Contract No. 58-2010) is made and entered into this day of ,% _' , 2013, by and between the City of Richmond, Indiana, a municipal corporation acting through its Board of Public Works and Safety (hereinafter referred to as "City"), and Burgess & Niple, Inc., 251 North Illinois Street, Capital Center Suite 920, Indianapolis, Indiana, 46204 (hereinafter referred to as "Consultant"). WHEREAS, City and Consultant entered into Contract No. 58-2010 on April 22, 2010; and WHEREAS, Consultant will continue to provide professional engineering, administration, and inspection services in connection with the Salisbury Road Widening project (Des. 040025) and in accordance with the scope of Contract No. 58-2010 to assist the City with the addition of a landbanked property. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Consultant hereby agree as follows: The City and Consultant executed and entered into Contract No. 58-2010, on April 22, 2010, which Agreement set forth the details of the professional administration and inspections services Consultant was to provide in connection with the Salisbury Road Widening project (Des. 040025). Pursuant to Contract No. 58-2010, Section VI (General Provisions) Subsection 20 (Merger and Modification) said Agreement may be modified, supplemented, or amended by the parties by written agreement signed by all necessary parties. 2. Consultant has provided its October 1, 2013 letter reflecting total additional fees for the additional professional services in connection with Contract No. 58-2010. Said proposal is attached hereto as Exhibit A and incorporated by reference. Consultant agrees to abide by the same. Additional fees are to be paid fully out of the federal highway portion of funds. 3. City and Consultant expressly agree that all other terms, conditions, and covenants contained in Contract No. 58-2010, shall be applicable to the work performed pursuant to this Addendum, unless such term, condition or covenant conflicts with this Addendum Number 1, in which case this Addendum Number 1 shall be controlling. 4. Both parties agree that in accordance with Indiana Code 22-5-1.7-1 et seq., all service contracts entered into or renewed after June 30, 2011, must include the Indiana E-Verify Program Requirements, which requirements are set forth and incorporated into Contract Number 58-2010 as follows: COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Consultant is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Addendum No. 1 to Contract No. 58-2010 Pagel of 3 Consultant is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Consultant shall provide to the City its signed Affidavit affirming that Consultant does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Consultant violates IC 22-5-1.7 Consultant shall be required to remedy the violation not later than thirty (30) days after the City notifies the Consultant of the violation. If Consultant fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Consultant to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Consultant will remain liable to the City for actual damages. 5. Both parties agree that in accordance with Indiana Code 5-22-16.5-1 et seq., contracts with municipal units entered into or renewed after June 30, 2012, must include the Iran Investment Activities certification, which certification is set forth and incorporated into Contract Number 58-2010 as follows: IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Consultant certifies that Consultant is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Consultant in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Consultant fails to demonstrate to the City that the Consultant has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Consultant, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Consultant in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Consultant to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 6. Consultant agrees that no work shall commence until the City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7- 11(a)(2). 7. Both parties hereby agree that with the exception of the additional professional services and corresponding increase in compensation as set forth in Exhibit A, and the addition of the E-Verify Program Requirements and Iran Investment Activities Certification, Contract No. 58-2010 shall remain intact and unchanged and in full force and effect. Page 2 of 3 S. Both parties agree that any person executing this Contract in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Addendum. IN WITNESS WHEREOF, this Adders m is exZ94 nd approved by the undersigned representatives of the City and Consultant this , day of �� , 2013 THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: Z�0�� Vicki Robinson, President t� By: Dian Lawso , Member I2 APPROV 04 Sarah L. Hutton, Mayor Date: ZO / hl � ?2 "CONSULTANT" BURGESS & NIPLE, INC. 251 North Illinois Street, Capital Center Suite 420 Indianapolis, IN 46204 By: Barry Y. i on, P , VP, Division Director By: y L. Drake, PE, Director of ngineering Date: Page 3 of 3 EXHIBIT A PAGE _L_OFI BURGESS & NIPLE 251 North Illinois Street I Capital Center Suite 920 1 Indianapolis, IN 46204 1 317.237.276o Mr. Greg Stiens Director of Public Works City of Richmond 50 N. 5th Street Richmond IN 47374 October 1, 2013 Dear Mr. Stiens, Salisbury Road Phase I Additional Contract Administration and Inspection Services Burgess & Niple (B&N) presents this proposed Supplement modifying the existing contract for the Salisbury Road Phase I Contract Administration and Construction Inspection signed on April 22, 2010. Des. No. 0400025 This Supplement includes additional services as required in the completion of the construction on Salisbury Road Phase I currently being inspected by B&N. It is anticipated that the additional fees requested by this supplement should complete all project related services through the closeout of the project. This supplement includes providing additional services as requested by the City for the continued construction observation services that were performed in the field. The original contract was to provide an hourly not to exceed amount at 8 hours per day plus 2 hours travel time, 5 days per week for a construction period of 20 weeks as provided by the Owner. The field work was extended to a total of 36 weeks. This is an additional 16 weeks of Contract Administration and Construction Inspection. The total additional fees for the projects professional engineering services as described above plus added costs for mileage for a total amount for this supplement of $79,252.93. All other terms and conditions outlined in the April 22, 2010 Agreement with the City still apply. In addition to the services already provided above, by signing this Supplement, the City of Richmond authorizes B&N to perform the following: Continue to provide full time inspection to project completion. burgessniple.com EXHlB�T WAGE °�.OE Salisbury Road Phase I (48186) Supplement Additional Inspection Services Page 2 BURGESS & NIPLE, INC. Barry ' on, P , VP Division Director f rake, PE, Direct of Engineering Accepted Richmond, Indiana President, Board of Public Works & Safety Member Board of Public Works & Safety Member Board of Public Works & Safety Mayor City of Richmond Date