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HomeMy Public PortalAboutAddendum No 2 to Contract 173-2009 - Burgess Niple - monitoring wells remediation.docPROFESSIONAL SERVICES AGREEMENT ADDENDUM NUMBER 2 THIS ADDENDUM Number 2 to Contract Number 173-2009 is made and entered into this _20th ___ day of _January__, 2011, by and between Richmond, Indiana, a municipal corporation by and through its Board of Public Works and Safety (hereinafter referred to as the “City”) and Burgess & Niple, 5085 Reed Road, Columbus, Ohio, 43220 (hereinafter referred to as “Contractor”). WHEREAS, City and Contractor entered into an Agreement numbered 173-2009, on December 17, 2009, which Agreement is attached hereto as Exhibit “A” and incorporated by reference; and WHEREAS, City and Contractor entered into Addendum Number 1 to Contract Number 173-2009 on April 22, 2010, which Addendum is attached hereto as Exhibit “B” and incorporated by reference; and WHEREAS, City wishes to retain Contractor to provide certain additional services ancillary to those within the scope of Agreement Number 173-2009 and its Addendum Number 1, which additional services are set forth on the attached Exhibit “C” and incorporated by reference. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor hereby agree as follows: Pursuant to changes required by the Indiana Department of Environmental Management (IDEM), Contractor shall revise the trail design specifications, Remedial Plan, and Bid Specifications based upon IDEM standards in order to match the subsurface road base. Contractor shall perform additional sampling due to exceedances of initial confirmatory samples, which additional sampling shall include laboratory analysis and collection of additional soil samples. Contractor shall attend additional meetings and telephone conferences based upon the revision of the scope of the work being conducted pursuant to this Addendum. Contractor shall perform the above additional design activity services in a manner consistent with Contractor’s proposal, which is attached hereto, made a part hereof and marked as Exhibit “C”. Contractor shall perform all work and services described on Exhibit “C”. Contractor shall be paid an additional sum not to exceed Nineteen Thousand Five Hundred Dollars and Zero Cents ($19,500.00) for all services described on Exhibit “C”. Addendum No. 2 to Contract 173-2009 City and Contractor expressly agree that all other terms, conditions and covenants contained in Contract Number 173-2009 and Addendum Number 1 to said Agreement shall be applicable to the work performed pursuant to this Addendum, unless such term, condition or covenant conflicts with this Addendum and expressly agree that all state, federal, and USEPA Brownfield grant guidelines must be complied with. IN WITNESS WHEREOF, the parties execute this Addendum effective the day and year first above written, although signatures may be affixed at different times. “CITY” THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety By:_S/S Vicki Robinson__________ Vicki Robinson, President By:_S/S Dian Lawson____________ Dian Lawson, Member By:_S/S Mary Jo Flood___________ Mary Jo Flood, Member Date:_January 20, 2011____________ APPROVED:_S/S Sarah L. Hutton__ Sarah L. Hutton, Mayor Date:_January 21, 2011____________  “CONTRACTOR” BURGESS & NIPLE, INC. By:_S/S Bruce Mansfield___________ Title:_Vice President________________ Date:_February 2, 2011______________