HomeMy Public PortalAboutAddendum No. 1 to Contract No. 81-2010ADDENDUM
THIS ADD DUM, (Number 1 to Contract No. 81-2010) is made and entered into this
day of 2013, by and between Richmond, Indiana, a municipal corporation
acting through its Board of Public Works and Safety (hereinafter referred to as "City"), and Crane
Rentals, Inc., dba Crane Inc., P.O. Box 1823, Richmond, Indiana, 47374 (hereinafter referred to as
"Contractor").
WHEREAS, City and Contractor entered into Contract No. 81-2010 on June 10, 20I0; and
WHEREAS, Contractor will continue to provide professional construction manager services for the
Richmond Department of Metropolitan Development in connection with the
Neighborhood Stabilization Grant program (NSP-1) and in accordance with the scope of
Contract No. 81-2010 to assist the City with the addition of a landbanked property.
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. 81-2010, on June 10,
2010, which Agreement set forth the details of the construction management services that
Contractor is conducting for the targeted NSP-I properties. Twelve (12) properties were
identified and targeted by the parties in connection with the NSP-1 project, which
properties and their respective amounts are listed on Exhibit A, which Exhibit is attached
hereto and incorporated by reference. Pursuant to Contract No. 81-2010, Section 4.3
Additional Services, any additional services provided shall entitle the Construction
Manager to compensation.
2. A landbanked property located at 200 South 14'h Street in Richmond, Indiana, may also
be rehabilitated by the City of Richmond pursuant to the NSP-1 guidelines due to an
increase in funding amounts. Said Iandbanked property shall be added to the Iist of
properties originally identified and targeted by the parties and Contractor will perform the
same services outlined in Contract No. 81-2010 for said property in addition to the
previously identified properties. The parties wish to modify Contract No. 81-2010 in
order that; the landbanked property may be added to the NSP-1 project and Contractor
may be compensated accordingly by an additional amount not to exceed Ten Thousand
Nine Hundred Twenty Dollars and Zero Cents ($10,920.00).
3. Contractor has provided its July 18, 2013 letter reflecting its fee increases effective for
the above -described services in connection with Contract No. 81-2010. 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. 81-2010, 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 i shall be controlling.
Addendum No. 1 to Contract No. 81-2010
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5. 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 81-2010 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 22-5-1.7-1I (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.
6. 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 81-2010 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. 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.
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7. 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).
8. Both parties hereby agree that with the exception of the addition of the landbanked
property and corresponding increase in compensation as set forth above, and the addition
of the E-Verify Program Requirements and the Iran Investment Activities Certification,
Contract No. 81-2010 shall remain intact and unchanged and in full force and effect.
9. 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 executed and approved by the undersigned
representatives of the City and Contractor this I day of 2013
Y
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
Vicki Robinson, President
Ba 0
y:
Dian Lawson, Member
Anthony L.
e
, II, Member
APPROVED:
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
CRANE RENTAL, INC., D/B/A CRANE, INC.
340 NW E Street, P.O. Box 1823
Richmond, I/47374
Oberle, Vice President
Date:
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