HomeMy Public PortalAboutADDENDUM No. 4 to Contract 115-2009 - Clark DiADDENDUM NO. 4
THIS ADDENDUM, (Addendum Number 4 to Contract No. 115-2009 is made and entered
into this _22" d day of _March , 2012, by and between Richmond, Indiana, a municipal
corporation acting through its Board of Public Works and Safety with its office at 50 North 5th Street,
Richmond, Indiana, (hereinafter referred to as "City"), and Clark Dietz, Inc., Consulting Engineers
(hereinafter referred to as "Contractor").
WHEREAS, City and Contractor entered into Contract No. 115-2009 on August 13, 2009; and
WHEREAS, Contractor has submitted Supplemental Agreement No. 3 (Project Description
No. 0900114; City designation Addendum No. 3 to Contract No. 115-2009) which increases the
scope and amount payable for the consulting services being provided by Contractor, which
Supplemental Agreement has been or is anticipated to be approved and entered into by the City
in March of 2012; and
WHEREAS, At this time, City also wishes to include the Indiana E-Verify Program
Requirements as set forth in Indiana Code 22-5-1.7-1 et seq. into Contract No. 115-2009.
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. 115-2009 dated August
13, 2009, which is incorporated herein by reference.
2. Both parties agree that Contract No. 115-2009, as well as all prior supplements previously
approved and entered into, shall remain in full force and effect.
3. 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 115-2009-2011 as follows:
(SECTION VI, Section 37.). 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
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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.
4. 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).
5. 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
Contract.
IN WITNESS WHEREOF, this Addendum No. 4 to Contract No. 115-2009 is executed and
approved by the undersigned representatives of the City and Contractor this day of 12012.
"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, II
Anthony L. Foster, II, Member
Date: March 22, 2012
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: March 23, 2012
"CONTRACTOR"
CLARK DIETZ, INC.
By:_S/S Dale Tekippe
Dale Tekippe, Executive V.P.
Attest:_S/S Hans J. Peterson, P.E.
Hans J. Peterson, P.E.
Secretary
Date: April 6, 2012
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