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HomeMy WebLinkAboutSecond Amendment to Engineering Services Agreement - Redevelopment CommissionSECOND AMENDMENT TO ENGINEERING SERVICES AGREEMENT This Second Amendment To Engineering Services Agreement (this "Second Amendment") is made on 90 ( � V) �'�j , 2018 (the "Effective Date"), by and between the South Bend Redevelopment Commission, the governing body of the City of South Bend Department of Redevelopment (the "Commission"), and the Civil City of South Bend, an Indiana municipal corporation, acting by and through the South Bend Board of Public Works (the "Provider"). RECITALS A. The Commission and the Provider entered into that certain Engineering Services Agreement dated November 22, 2016, as amended by the First Amendment To Engineering Services Agreement dated April 13, 2017 (collectively, the "Services Agreement"), for the provision of engineering services to the Commission in relation to the Commission's Projects (as defined in the Services Agreement). B. The Commission and the Provider wish to amend the Services Agreement as set forth in this Second Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Second Amendment and the Services Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: I. Effective on January 1, 2018, the entirety of Section 4.A. of the Services Agreement is deleted and replaced by the following: A. Fees for Services. The Provider will render the Requested Services to the Commission through the work of the Provider's employees holding the position titles "Engineer I" and "Assistant City Engineer." As compensation for the Requested Services, the Commission agrees to pay the Provider a flat fee for each respective calendar year in an amount not to exceed the total amount stated in the table below (the "Annual Fee"). Period Position Annual Fee January 1 to December 31, 2018 Engineer I $78,320.00 Assistant City Engineer $117,582.99 Total for 2018 $195,902.99 January 1 to December 31, 2019 Engineer I $80,689.06 Assistant City Engineer $120,924.77 Total for 2019 $201,613.83 2. Section 5 of the Agreement is amended to read in its entirety as follows: "The term of this Agreement (the "Term") shall commence on January 1, 2017, and shall expire on December 31, 2019, unless earlier terminated in accordance with Section 6 of this Agreement or by the parties' mutual agreement." 1 3. Unless expressly modified by this Second Amendment, the terms and provisions of the Services Agreement remain in full force and effect. 4. Capitalized terms used in this Second Amendment will have the meanings set forth in the Services Agreement unless otherwise stated herein. [Signature page follows.] 2 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment To Engineering Services Agreement to be effective as of the Effective Date stated above. SOUTH BEND BOARD OF PUBLIC WORKS Gary Gilot, President Therese Dorau, Aember Elizabeth Maradik, Member .� __.._.._ .._........ _..m........._..._._........ _.___m.. ....... Jam s Mueller, Member ATTEST. -TV I,i4a Martin, Clerk Date: M / do SOUTH BEND REDEVELOPMENT OMMISSION Marcia 1. Jones, Presid nt ATPEEI Do ecretary_._.__....___ Date: 4000.0000070 56130207.002 3 IN BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM February 26, 2018 David Refs Department DCl BPW Date March 13, 2018 Phone Extension 5836 Required Prior to Submittal to Board Legal Z Attorney Name Ben Dougherty 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 El N Agreement H Contract L_J1 Proposal LJ Addendum El Professional Services F1 Resolution F-1 Bid Opening 0 Bid Award El Req. to Advertise ❑ Title Sheet Quote Opening El Quote Award Change Order No. n C/O & PCA No. PCA Ease/Encroach. n Traffic Control F1 Other: Required Information Company or Vendor Name Redevelopment Commission New Vendor [I Yes El No El If Yes, Approved by Purchasing MBEANBE Contractor [:] MBE [:] WBE Project Name Second Amendment To Engineering Services Agreement Project Number Funding Source RWDA Account No. 324-1050-460-31.02 Amount $ 195,902.99 for 2018 and $201,613.83 for 2019; billed quarterly Terms of Contract Effective 1/1/18. Adjust titles, fee amounts, and term (thru 12/31/19). Purpose/Description To pay City for an Assistant City Engineer and Engineer I for their services. Flat fee from TIF for Redevelopment prqjects. n Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Required For Change, Orders Only ---- -- Amount of F-1 increase $ El Decrease $ Previous Amount $ Current Percent of Change- % . . ...... New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original E] David Relos F-1 Judy Love El 0