HomeMy WebLinkAbout5B4 Fifth Amendment to Engineering Services Agreement1
FIFTH AMENDMENT TO ENGINEERING SERVICES AGREEMENT
This Fifth Amendment to Engineering Services Agreement (this “Fifth Amendment”) is
made effective as of January 1, 2023 (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, the Second Amendment to Engineering Services
Agreement dated March 13, 2018, a Third Amendment to Engineering Services Agreement dated
April 25, 2019, and a Fourth Amendment to Engineering Services Agreement dated effective
January 1, 2020 (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 extend
the term of the Services Agreement for an additional three (3) years commencing on the Effective
Date as set forth in this Fifth Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this
Fourth Amendment and the Services Agreement, the adequacy of which consideration is hereby
acknowledged, the Parties agree as follows:
1. As of the Effective Date, Section 4.A. of the Services Agreement shall be amended
to include the following at the end of the existing table:
Period Position Annual Fee
January 1 to December
31, 2023
Engineer I $ 60,000.00
Engineer II $ 65,000.00
Assistant City Engineer $ 73,000.00
Total for 2023 $198,000.00
January 1 to December
31, 2024
Engineer I $ 61,200.00
Engineer II $ 66,300.00
Assistant City Engineer $ 74,460.00
Total for 2024 $201,960.00
January 1 to December
31, 2025
Engineer I $ 62,424.00
Engineer II $ 67,626.00
Assistant City Engineer $ 75,949.20
Total for 2025 $205,999.20
2. Section 5 of the Agreement shall be amended to delete the term "December 31,
2022" and replace it with "December 31, 2025."
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3. Unless expressly modified by this Fifth Amendment, the terms and provisions of
the Services Agreement remain in full force and effect.
4. Capitalized terms used in this Fifth Amendment will have the meanings set forth in
the Services Agreement unless otherwise stated herein.
IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to
Engineering Services Agreement to be effective as of the Effective Date stated above.
SOUTH BEND BOARD OF
PUBLIC WORKS
__________________________________ __________________________________
Elizabeth Maradik, President Gary Gilot, Member
__________________________________ __________________________________
Joseph Molnar, Vice President Murray Miller, Member
__________________________________
Jordan Gathers, Member
ATTEST:
__________________________________
Theresa Heffner, Clerk
Date:
SOUTH BEND REDEVELOPMENT
COMMISSION
_________________________________
Marcia Jones, President
ATTEST:
_________________________________
Troy Warner, Secretary
Date: