HomeMy WebLinkAbout5B1b Sixth Amendment to Engineering Services Agreement - SignedSouth Bend
Redevelopment Commission
215 S. Dr. Martin Luther King, Jr. Blvd., Room 301, South Bend, Indiana
Redevelopment Commission Agenda Item
D ATE : 11/19/2025
F ROM: Caleb Bauer, Executive Director
SUBJECT: Redevelopment Services Agreements
Funding Source* (circle) River West; River East; South Side; Douglas Road; West Washington; RDC General; Riv. East Res.
* Funds are subject to the City Controller's determination of availability; if funds are unavailable, as solely determined by the City Controller,
then the authorization of the expenditure of such funds shall be void and of no effect.
PURPOSE OF REQUEST: RDC staff requests consideration of amendments to 3-year RDC services
agreements with DCI staff, Engineering staff, and Legal Department staff who work to support the RDC’s
activities. The agreements include a 3% annual escalation, which is in line with historical annual salary
adjustments. If approved, funding will be provided out of a pro-rated share of TIF funds from each district.
______________ ___________Pres/V-Pres
ATTEST: __________ ________Secretary
Date: _____________ _______
APPROVED Not Approved
SOUTH BEND REDEVELOPMENT COMMISSION
November 24, 2025
1
SIXTH AMENDMENT TO ENGINEERING SERVICES AGREEMENT
This Sixth Amendment to Engineering Services Agreement (this “Sixth Amendment”) is
made effective as of January 1, 2026 (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, the Third Amendment to Engineering Services Agreement
dated April 25, 2019, the Fourth Amendment to Engineering Services Agreement dated effective
January 1, 2020, and the Fifth Amendment to the Engineering Services Agreement dated effective
January 1, 2023 (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 Sixth Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this Sixth
Amendment and the Services Agreement, the adequacy of which consideration is hereby
acknowledged, the Parties agree as follows:
1.Section 4(A) of the Services Agreement is deleted and replaced with 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
"Project Engineer,” “Senior Engineer,” 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, 2026
Project Engineer $ 81,763.00
Senior Engineer $ 66,780.00
Assistant City Engineer $ 77,949.75
Total for 2026 $ 226,462.75
January 1 to December
31, 2027
Project Engineer $ 80,288.24
Senior Engineer $ 68,783.40
Assistant City Engineer $ 84,215.89
Total for 2027 $ 233,287.53
2
January 1 to December
31, 2028
Project Engineer $ 82,696.89
Senior Engineer $ 70,846.90
Assistant City Engineer $ 86,742.37
Total for 2028 $ 240,286.16
”
2.In Section 5 of the Services Agreement, the text “December 31, 2025” is deleted
and replaced with the following: “December 31, 2028.”
3.Section 15 of the Services Agreement is deleted and replaced with the following:
“SECTION 15. Notices.
“All notices or other communications which are required or permitted under the
terms of this Agreement shall be sufficient if delivered personally, by registered or certified
mail, return receipt requested, or by generally recognized, prepaid, overnight air courier
services, to the address and individual set forth below. All such notices to either party shall
be deemed to have been provided when delivered, if delivered personally, three (3) days
after mailed, if sent by registered or certified mail, or the next business day, if sent by
generally recognized, prepaid, overnight air courier services.
Commission: Department of Community Investment
215 S. Dr. Martin Luther King Jr. Boulevard
Suite 500
South Bend, Indiana 46601
Attn: Executive Director
Provider: Department of Public Works
215 S. Dr. Martin Luther King Jr. Boulevard
Suite 400
South Bend, Indiana 46601
Attn: Director”
4.Unless expressly modified by this Sixth Amendment, the terms and provisions of
the Services Agreement remain in full force and effect.
5.Capitalized terms used in this Sixth Amendment will have the meanings set forth
in the Services Agreement unless otherwise stated herein.
[Signature page follows.]
3
IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment to
Engineering Services Agreement to be effective as of the Effective Date stated above.
CITY OF SOUTH BEND, INDIANA SOUTH BEND REDEVELOPMENT
BOARD OF PUBLIC WORKS COMMISSION
__________________________________ __________________________________
Elizabeth Maradik, President Troy Warner, President
__________________________________ ATTEST:
Joseph Molnar, Vice President
__________________________________ __________________________________
Breana Micou, Member Eli Wax, Secretary
__________________________________ Date:
Gary Gilot, Member
__________________________________
Murray Miller, Member
ATTEST:
__________________________________
Hillary Horvath, Clerk
Date:
November 24, 2025