HomeMy Public PortalAboutAmendment # 1 to Contract 92-2009 _Tertiary BlAMENDMENT #1 TO AGREEMENT FOR CONSTRUCTION SERVICES
THIS AMENDMENT is made and entered into this _22" d day of December
2009, by and between the City of Richmond, Indiana, a municipal corporation acting
through its Board of Sanitary Commissioners, (hereinafter referred to as "OWNER" or
"SRF PARTICIPANT"), and M.K. Betts Engineering & Contracting, Inc., (hereinafter
referred to as "CONTRACTOR")
WHEREAS, OWNER and CONTRACTOR entered into Contract number 92-
2009; and
WHEREAS, the OWNER and CONTRACTOR wish to amend Contract number
92-2009 in accordance with provisions set forth in the Contract;
and
WHEREAS, to comply with requirements of the American Recovery and
Reinvestment Act of 2009 ("ARRA"), which is a funding source for the work performed
under this agreement, such amendment is necessary.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, including the above stated recitals, OWNER and CONTRACTOR
hereby agree as follows:
Section 8.01(A)(9) of Contract 92-2009 will be revised as follows:
Addendum 1 (Labor Standards Provisions for federal and federally
Assisted Contracts) shall be deleted, and replaced with new Addendum
hereto, entitled "Required Contract Provisions Related to Davis -Bacon
and Related Acts."
Amendment #1 to Contract 92-2009
2. Section 8.01(A)(9) of Contract 92-2009 will be revised as follows:
Add Addendum 4 hereto, entitled "Required Contract Provision Related to
Suspension and Debarment."
3. Section 8.01(A)(9) of Contract 92-2009 will be revised as follows:
Add Addendum 5 hereto, entitled "Required Contract Provision Related
To Protection of Whistleblowers."
4. Section 8.01(A)(9) of Contract 92-2009 will be revised as follows:
Add Addendum 6 hereto, entitled "Required Contract Provisions Related
To Resource Conservation and Recovery Act."
All of the above addenda shall be fully incorporated herein by reference and made a part
of this Amendment and of Contract Number 92-2009.
Section 9.06 will be revised to add the following:
CONTRACTOR shall maintain, or cause to be maintained by any
subcontractors, payrolls and basic payroll records during the course of the
work and shall preserve them for a period of three years from the
completion of the contract for all laborers, mechanics, watchmen and
guards working on the contract. Such records shall contain the name and
address of each such employee, social security number, correct classifica-
tions, hourly rates of wages paid, daily and weekly number of hours
worked, deductions made, and actual wages paid. Records maintained
under this paragraph shall be made available by the CONTRACTOR or
subcontractor for inspection, copying, or transcription by authorized
representatives of the EPA, SRF, and the Department of Labor, and the
CONTRACTOR and subcontractor will permit such representatives to
Interview employees during working hours on the job.
6. OWNER and CONTRACTOR expressly agree that all other terms,
conditions and covenants contained in Contract number 92-2009, shall be
applicable to the work performed pursuant to this Amendment, unless such
term, condition or covenant conflicts with this Amendment, in which case
this Amendment shall be controlling.
IN WITNESS WHEREOF, the parties execute this Agreement effective the day and year
first above written, although signatures may be affixed at different times.
"OWNER"
THE CITY OF RICHMOND,
INDIANA by and through its Board of
Sanitary Commissioners
By:_S/S Richard Bodiker
Richard Bodiker, President
_S/S Gilbert Klose
Gilbert Klose, Vice President
_S/S Greg Stiens
Greg Stiens, Member
Date:
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: December 12, 2009
"CONTRACTOR"
M.K. BETTS ENGINEERING &
CONTRACTING, INC.
By: _S/S David D. Grimes
Printed: (—David D. Grimes_)
Title: —Secretary
Date: December 9, 2009