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HomeMy WebLinkAboutBEAM LONGEST AND NEFF SUPPLEMENTAL AGREEMENT NO. 1 This Supplemental Agreement, made and entered into this ��l day of ,Qpltd , 2017, by and between the City of Jeffersonville, Indiana, acting by and through its proper officials (hereinafter referred to as the "OWNER"), and Beam, Longest and Neff, L.L.C., Consulting Engineers, 8126 Castleton Road, Indianapolis, Indiana 46250 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER and the CONSULTANT did enter into an Agreement, dated June 1, 2016, to provide professional engineering services for the reconstruction of 10th Street from Allison Lane/Holmans Lane to SR 265, and, WHEREAS, the OWNER desires to have the CONSULTANT provide construction observation services for the Project, and, WHEREAS, the CONSULTANT is qualified and prepared to perform the services required in said work and they agree to perform such services under the terms and conditions herein set forth, and, WHEREAS, in order to provide for completion of the work as modified, it is necessary to amend and supplement the original Agreement, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. On page 1 , Appendix "A" of the original Agreement, add the following: 5. Construction Observation 5.1 Furnish a Resident Project Inspector (RPI), assistants and other staff to assist in observing the performance of the work of the contractor. The duties, responsibilities and limitations of authority of the RPI are as follows: 5.1.1 Keep the Engineer informed as to the progress of the work and the manner in which it is being done. 5.1.2 Report whenever it appears that the materials furnished and the work performed fail to fulfill the requirements of the specifications and Contract. 5.1.3 Call to the attention of the Contractor, as the work progresses, all known deviations from, or infringement upon, the plans and specifications with respect to materials and workmanship. 1 5.1.4 Such inspection will not relieve the Contractor from any obligation to furnish acceptable materials or to perform all work strictly in accordance with the requirements of the plans and specifications. 5.1.5 RPI will not be authorized to revoke, alter, enlarge, relax, or release any requirements of the specifications; not to approve or accept any portion of work; not to issue instructions contrary to the plans and specifications. 5.1.6 RPI will not, in any case, act as foreman or perform other duties of the Contractor, nor interfere with the management of the work. Any advice which RPI may give the Contractor will not be construed as binding the Engineer in any way or releasing the Contractor from the fulfillment of the Contract. 5.1.7 Coordinate the construction observation effort with the Resident Project Engineer (RPE) being provided by others, cooperation with the RPE and attend construction progress meetings. It is assumed that the RPI will be on site ten (10) hours per day for one hundred and seventy four (174) days. 2. On page 1, Appendix "D" of the original Agreement, add the following: 8. Compensate the CONSULTANT for the Services under Appendix "A", Item 5, on an hourly basis by classification, as set forth in Attachment "D- 1" which is attached hereto and made an integral part hereof, plus expenses (in the case of sub-consultants, the expense plus 10%) with a not to exceed limit of two hundred sixty four thousand dollars ($264,000.00). The CONSULTANT is to be compensated monthly 3. On page 1, Attachment "D-1" of the original Agreement, add the following: RPI $130.00 RPI OT $145.00 4. Except as herein modified, changed and supplemented, all terms of the original Agreement, dated June 1 , 2016, shall continue in full force and effect. 2 IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 the day and year first above mentioned. r CONSULTANT: OWNER: 4�t1UQl. ('McT �a �5�z'►J BEAM, LONGEST AND NEFF, L.L.C. CITY OF JEFFERSONVILLE, INDIANA (Pres id nt) ATTEST: ATTEST: aA 3