HomeMy WebLinkAbout5C1 Third Amendment to Engineering Services Agreement1
THIRD AMENDMENT TO ENGINEERING SERVICES AGREEMENT
This Third Amendment to Engineering Services Agreement (this “Third Amendment”) is
made effective on April 25, 2019 (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 and the Second Amendment to Engineering Services
Agreement dated March 13, 2018 (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 to
include the services of an additional staff engineer commencing on the Effective Date as set forth
in this Third Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this Third
Amendment and the Services Agreement, the adequacy of which consideration is hereby
acknowledged, the Parties agree as follows:
1. As of the Effective Date, 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,” “Engineer II,” 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
___________ to
December 31, 2019
Engineer II
Total for 2019
2.Unless expressly modified by this Third Amendment, the terms and provisions of
the Services Agreement remain in full force and effect.
2
3. Capitalized terms used in this Third Amendment will have the meanings set forth
in the Services Agreement unless otherwise stated herein.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
Engineering Services Agreement to be effective as of the Effective Date stated above.
SOUTH BEND BOARD OF
PUBLIC WORKS
__________________________________ __________________________________
Gary Gilot, President Genevieve Miller, Member
__________________________________ __________________________________
Therese Dorau, Member Laura O’Sullivan, Member
__________________________________
Elizabeth Maradik, Member
ATTEST:
__________________________________
Linda Martin, Clerk
Date:
SOUTH BEND REDEVELOPMENT
COMMISSION
_________________________________
Marcia I. Jones, President
ATTEST:
_________________________________
Quentin Phillips, Secretary
Date: