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Home My Public Portal AboutAddendum No 1 to Contract No. 174-2011 - NSP-3 Construction project Trademark ConstructionADDENDUM THIS ADDENQUM, (Number 1 to Contract No. 174-2011) is made and entered into this day of dee&/2j 2015, by and between Richmond, Indiana, a municipal corporation acting through its Board of Public Works and Safety (hereinafter referred to as "City"), and Trademark Construction, LLC, 189 Fort Wayne Avenue, Richmond, Indiana, 47374 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 174-2011 on December 9th, 2011, in connection with the rehabilitation of the property located at 219 South 10a' Street in Richmond, Indiana; and WHEREAS, City wishes to extend said Agreement in order that Contractor can make certain repairs to the structure located at 219 South 10'' Street, specifically repairs to interior damage caused by a malfunctioning toilet, which repair services are added to the scope of Contract No. 174-2011. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor hereby agree as follows: 1. The City and Contractor executed and entered into Contract No. 174-2011, on December 9, 2011, which Agreement set forth the details of the rehabilitation construction services that Contractor provided to City. The parties wish to file with the Agreement a written instrument setting forth changes signed by both parties. 2. The parties wish to modify Contract No. 174-2011 in order that the repairs to the property can be conducted and in order that the Contractor may be compensated accordingly by an additional amount not to exceed Three Thousand Two Hundred Forty-two Dollars and Ten Cents ($3,242.10). 3. Contractor has provided its September 23, 2015 proposal reflecting quoted amount effective for the above -described services in connection with Contract No. 174-2011. Said proposal is attached hereto as Exhibit A and incorporated by reference. Contractor agrees to abide by the same. 4. City and Contractor expressly agree that all other terms, conditions, and covenants contained in Contract No. 174-2011, shall be applicable to the work performed pursuant to this Addendum, unless such term, condition or covenant conflicts with this Addendum Number 1, in which case this Addendum Number 1 shall be controlling. 5. Both parties agree that in accordance with Indiana Code 5-22-16.5-1 et seq., contracts with municipal units entered into or renewed after June 30, 2012, must include the Iran Investment Activities certification, which certification is set forth and incorporated into Contract Number 174-2011 as follows: IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. Addendum No. 1 to Contract No. 174-2011 Pagel of 3 In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 6. Both parties agree that in accordance with Indiana Code 22-5-1.7-1 et seq., all service contracts entered into or renewed after June 30, 2011, must include the Indiana E- Verify Program Requirements, which requirements are set forth and incorporated into Contract Number 174-2011 as follows: COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. 7. Both parties hereby agree that with the exception of the addition of the scope of repair services to the property and corresponding increase in compensation as set forth above, and the addition of the Iran Investment Activities Certification, Contract No. 174-2011 shall remain intact and unchanged and in full force and effect. Page 2 of 3 8. Both parties agree that any person executing this Contract in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Addendum. IN WITNESS WHEREOF, this Addendum is execut d and approved by the undersigned representatives of the City and Contractor this, day of 2015. THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By:... Vicki Robinson, President By:X It - Richard Foore, Member By: Anthony L. ster, II, Member ,1 `1 APPROVED: Sarah L. Hutton, Mayor Date. io 11:40�1S� "CONTRACTOR" TRADEMARK CONSTRUCTION, LLC 189 Fort Wayne Avenue, Richmond, IN 47374 By:� Terry—L. Robinson, Owner/Member Date: Page 3 of 3 4 EXHIBIT PAGE OF LJ Trademark Construction, LLCR E CYOtract Invoice License: Billed To: Richmond, City of Attn: Sharon Palmer 50 North Fifth Street Richmond IN 47374 Due Date: 10/01/2015 Description Labor and material to repair water damage 189 Fort Wayne Avenue Richmond IN 47374 (765)935-5830 Terns: 00DY A service charge of 0.00 % per annum will be charged on all amounts overdue on regular statement dates. Thank you for your prompt payment! SEP 2 3 2015 r[; Invoice#: 1229 Date: 09/21 /2015 Project: 219 S 10 water damage 50 North Fifth Street Richmond IN 47374 Order# Amount 3,242.10 Non -Taxable Amount: 3,242.10 Taxable Amount: 0.00 Sales Tax: 0.00 Amount Due 3,242.10