HomeMy WebLinkAboutAmendment No. 5 to Engineering Svs. Agreement - Extends & Identifies Salaries – RDC1
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."
2
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 REDEVELOPMENT
COMMISSION
_________________________________
Marcia Jones, President
ATTEST:
_________________________________
Troy Warner, Secretary
Date: 11.10.22
November 22, 2022
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 11/15/22
Name Joseph Molnar Department DCI
BPW Date 11/22/2022 Phone Extension 6022
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney Attorney Name Michael Schmidt
Dept. Attorney Attorney Name Danielle Campbell Weiss
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Purchase Agreement Ease./Encroach
Required Information
Company or Vendor Name
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Fifth Amendment to Engineer Services Agreement
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description In 2016 the RDC and BPW entered into an agreement – amended four times –
for the RDC to pay a portion of the salary of non-bargaining engineers who
spend a large portion of their work on RDC related projects. This amendment
extends that agreement and identifies which engineer positions and the portion
of salary which the RDC will pay for through 2025.
For Change Orders Only
Amount of
Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount:
New Completion Date: