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HomeMy WebLinkAboutAmendment to PSA - Dale Clingerman (2)1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD So117'H BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 27, 2016 Mr. Dale Clingerman 1312 Carriage Ct. Apt. D LaPorte, IN 46350 PHONE 574/235-9251 FAx 574/235-9171 RE: Amendment to Professional Services Agreement — Extend the Term of the Agreement from September 16, 2016 through October 29, 2016 for Inspection Services for One -Way to Two -Way Conversion Dear Mr. Clingerman: The Board of Public Works, at its meeting held on September 27, 2016, approved the above referenced agreement. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Toy Villa, Engineering GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU SECOND AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND DALE CLINGERMAN THIS SECOND AMENDMENT TO THE ONE WAY TO TWO WAY STREETS CONVERSION INSPECTION SERVICES AGREEMENT, is entered into on this 201^ day of September, 2016, by the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works, and having its offices at 1216 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601 ("City") and Dale Clingerman, 1312 Carriage Ct., Apt D., La Porte, Indiana 46350 ("Independent Contractor"). WHEREAS, City and Independent Contractor are parties to an Agreement entitled "Independent Contractor Agreement' made effective April 26, 2016 ("Agreement"); and the First Amendment to the original agreement made effective September 13, 2016; and WHEREAS, this agreement is entered into as the Second Amendment to Agreement to modify certain terms and conditions expressed in the Agreement; and NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties make this Second Amendment to Agreement, as follows: SECTION 2. Consideration and Terms of Payment, Sub paragraph 6 of the Agreement, shall be and is hereby amended and replaced as follows to increase the time of performance of the work: (1) Amend the original contract by extending the term of the contract from the original September 16, 2016, to and including October 29, 2016. Such extension of time shall be retroactive to the original date of September 16, 2016. (2) Each and every other provision of the Original Agreement and the First Amendment to that Agreement are hereby ratified and reaffirmed by the parties and all other matters previously agreed to and set forth in the original Agreement and First Amendment to same are not affected by this Second Amendment and shall remain in full force and effect. (3) This Second Amendment may be executed in multiple counterparts, each of which shall be deemed and original. (4) The undersigned person(s) executing and delivering this Second Amendment on behalf of the Contractor represent and certify that: a. He/She is the duly authorized agent, representative, member, or officer of the Contractor and has been fully empowered to execute and deliver this Second Amendment and that all necessary Corporate action has been taken and done: and b. To the best of his/her knowledge, he/she has not, nor has any other member, employee, representative, agent of office of the Contractor, entered into or offered to enter into any combination, collusion, or agreement to receive or pay, and that he/she has not received or paid, any sum of money other than that which appears on the face hereof. IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed as of the day and year first written above. DALE CLINGERMAN (Signature) L �7c�NN+GY Z Sj 2,01,6 (Date) CITY OF SOUTH BEND, INDIANA (Signature) 4PPR Bow O �ub8orko BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 09/20/16 Name Toy Villa Department Engineering BPW Date 09/27/16 Phone Extension 5920 Required Prior to Submittal to Board Legal ® Attorney Name Michael Schmidt Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ® Other: Amendment Company or Vendor Name New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Required Information Dale Clin erman ❑ Yes ® No If Yes, Approved by Pu MBE r I WBE LJ No ❑ Yes Name of Company One Way to Two Way Conversion TIF Amend the original contract by extending the term of the contract from the original September 16, 2016, to and including October 29, 2016. ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Original ® ❑ ® ❑ ❑ ❑ Michael Divita Toy Villa ired For Chanae Orders Dispersal After