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HomeMy Public PortalAboutADDENDUM No. 1 to Contract 58-2006 - BurgessADDENDUM THIS ADDENDUM, (Number 1 to Contract No. 58-2006) is made and entered into this _2" d day of February , 2012, by and between Richmond, Indiana, a municipal corporation acting through its Board of Public Works and Safety with its office at 50 North 51n Street, Richmond, Indiana, (hereinafter referred to as "City"), and Burgess & Niple, 251 Illinois Street, Capital Center Suite 920, Indianapolis, Indiana, 46204 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 58-2006 on August 24, 2006; and WHEREAS, City wishes to continue to accept Contractor's proposal in Connection with Contract No. 58-2006 which proposal supplements the Right -of -Way Services and Acquisition phase provisions of said Contract. 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. 58-2006, on August 24, 2006. Contract No. 58-2006 is attached hereto as Exhibit A and incorporated by reference. Said Contract is Supplement No. 3 to INDOT Project Designation No. 0400025, which project is more commonly known as the Salisbury Road Widening Project. 2. Contractor's proposal is dated January 13, 2012, and is designated as Supplement No. 4 to INDOT Project Designation No. 0400025 (Salisbury Road Widening Project). Contractor's proposal contains, in part, the negotiated additional fees for the above -described services in connection with said Right -of -Way Services and Acquisition phase provisions of Contract No. 58-2006. Said proposal is attached hereto as Exhibit B and incorporated by reference. Contractor agrees to abide by the same. 3. City shall pay Contractor the total supplement request not to exceed Fourteen Thousand Nine Hundred Twenty-six Dollars and Seventy-seven Cents ($14,926.77) for the Right -of -Way Services and Acquisition phase services provided by Contractor as set forth in Exhibit B in connection with Contract No. 58-2006 as part of INDOT Project Designation No. 0400025. Addendum No. 1 to Contract No. 58-2006 (Supplement No. 4, Des. No. 0400025) Page 1 of 3 4. 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 58-2006 as follows: SECTION X. 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. 5. Contractor agrees that no work shall commence until the City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2). Addendum No. 1 to Contract No. 58-2006 (Supplement No. 4, Des. No. 0400025) (Signature page to follow.) Page 2 of 3 IN WITNESS WHEREOF, this Addendum is executed and approved by the undersigned representatives of the City and Contractor this _2nd , day of _February , 2012, to be effective in accordance with its terms as of January 1, 2012. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By:_S/S Vicki Robinson Vicki Robinson, President By:_S/S Dian Lawson Dian Lawson, Member By:_S/S Anthony L. Foster Anthony L. Foster, 11, Member APPROVED:_S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date: February 3, 2012 "CONTRACTOR" BURGESS & NIPLE 251 North Illinois Street Capital Center Suite 920 Indianapolis, IN 46204 By:_S/S E. Scott Sandler Title: —Indianapolis District Director_ Date: February 9. 2012 Addendum No. 1 to Contract No. 58-2006 (Supplement No. 4, Des. No. 0400025) Page 3 of 3