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HomeMy Public PortalAboutAddendum No. 1 to Contract No. 97-2013 - Thor Construction - NSPADDENDUM THIS ADDENDUM, (Number 1 to Contract No. 97-2013) is made and entered into this 7 h day of W-,4 G% kV , 2014, by and between Richmond, Indiana, a municipal corporation acting through its Board of Public Works and Safety with its office at 50 North 5 h Street, Richmond, Indiana, 47374 (hereinafter referred to as "City"), and Thor Construction Company, I I I I NW "T" Street, Richmond, Indiana, 47374 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 97-2013 on July 15, 2013;.and WHEREAS, Said agreement contained a Substantial Completion date of October 31, 2013, as set forth within Article 3 (Date of Commencement and Substantial Completion) §3.3; and WHEREAS, The parties have agreed to extend the Substantial Completion date set forth in within the terms of Contract No. 97-2013. 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. 97-2013, on July 15, 2013. Pursuant to Contract No. 97-2013, Article §8.6 (Owner's Additional Information) Section 9 (Miscellaneous), the Agreement may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes and signed by both parties. 2. Contractor shall complete the Project as described in said Agreement for the property located at 200 South 10 Street in Richmond, Indiana. The Contractor shall achieve Substantial Completion (as defined in §9.8.1 of the AIA232-2009 General Conditions) of the entire Work set forth in the Agreement not later than May 31, 2014 and said Agreement (Article 3 §3.3 and Article §8.6, Paragraph 2) is amended in part to allow the date of Substantial Completion to be extended to and including said above date. The remainder of the terms set forth in §3.3 and Article §8.6 of the Agreement shall remain unaltered and shall continue to apply. The services outlined in said Agreement shall continue to be performed in a manner consistent with Contract No. 97-2013, which is hereby incorporated by reference and made a part hereof. 3. Contractor understands, acknowledges, and agrees that this Addendum No. 1 to Contract No. 97-2013 as well as Contract No. 97-2013 shall be and remain in full force and effect notwithstanding any conveyance of the 200 South 14`h Street property by the City to any other party or entity. Addendum No. 1 to Contract No. 97-2013 Page 1 of 2 4. City and Contractor expressly agree that all other terms, conditions, and covenants contained in Contract No. 97-2013, 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 hereby agree that with the exception of the extension of the contract date of Substantial Completion, and with the understanding that the ownership of the property may change as set forth above, Contract No. 97-2013 shall remain intact and unchanged and in full force and effect. 6. 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;?;?? .day of -ClgAl k AR V , 2014, to be effective in accordance with its terms as of October 31, 2013. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: qzdk a �- Vicki Robinson, President I0 APPROVED: XA44-��- Sarah L. Hutton, Mayor Date: "CONTRACTOR" THOR CONSTRUCTION COMPANY I I I I NW "T" Street Richmond, IN 47374 Printed: DAM f 4- D, S TAr? PA'e Title: 2? e S' 1 D ,6,,V--1 Date: / `� -7 020/` Page 2 of 2