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HomeMy Public PortalAboutAddendum No. 1 to Contract No. 083-2012 - Trademark ConstructionADDENDUM THIS ADD DU , (Number 1 to Contract No. 83-2012) is made and entered into this � �day of r , 2015, by and between Richmond, Indiana, a municipal corporation acting through its Board of Public Works and Safety (hereinafter referred to as "City"), and Trademark Construction, LLC, 189 Fort Wayne Avenue, Richmond, Indiana, 47374 (hereinafter referred to as "Contractor"). WHEREAS, City and Contractor entered into Contract No. 83-2012 on July 6, 2012 in connection with the rehabilitation of the property located at 215 South 10`h Street in Richmond, Indiana; and WHEREAS, City wishes to extend said Agreement in order that Contractor can make certain repairs to the structure of the kitchen located at 215 South 10`i Street, caused by gutter damage from a fallen tree, which repair services are added to the scope of Contract No. 83-2012. 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. 83-2012, on July 6, 2012, which Agreement set forth the details of the rehabilitation construction services that Contractor provided to City. Pursuant to Contract No. 83-2012, Article 8.6, paragraph 8, the Agreement may be altered or amended at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. 2. The parties wish to modify Contract No. 83-2012 in order that the repairs to the property can be conducted and in order that the Contractor may be compensated accordingly by an additional amount not to exceed One Thousand Three Hundred Seventy Dollars and Zero Cents ($1,370.00). 3. Contractor has provided its March 28, 2015 proposal reflecting quoted amount effective for the above -described services in connection with Contract No. 83-2012. 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. 83-2012, 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. 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 83-2012 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. Addendum No. 1 to Contract No. 83-2012 Page 1 of 2 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. 6. Both parties hereby agree that with the exception of the addition of the scope of repair services to the property and corresponding increase in compensation as set forth above, and the addition of the Iran Investment Activities Certification, Contract No. 83-2012 shall remain intact and unchanged and in full force and effect. 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 Adde m is execu a and approved by the undersigned representatives of the City and Contractor this day of 2015. THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By. ' Vicki Robinson, President Richard Foore, Member ��1��'� • APPROVE . Sarah L. Hutton, Mayor Date: Oltd? gc 2-0 "CONTRACTOR" TRADEMARK CONSTRUCTION, LLC 189 Fort Wayne Avenue, Richmond, IN 47374 By:.� Terry L. Robinso , Owner/Member Date: Page 2 of 2 EXHIBIT-E. PAGE _LOF 1 TRADEMARK CONSTRUCTION, LLC 189 Fort Wagne Avenue RICHMOND, IN 47374 (765) 935r5830 PROPOSAL SUBMITTED TO: City of Richmond, Attention Sharon Palmer We Propose to furnish all materials and labor to repair the damaged kitchen ceiling at 215 South 10d' Street, Richmond, Indiana. This project would include: 1. Quality workmanship 2. Protect kitchen cabinets 3. Remove and replace kitchen ceiling 4. Paint kitchen walls 5. Site cleanup and debris removal We propose to furnish material and labor for the above project for the sum of One thousand three hundred seventy dollars and no cents ($1,370.00) payable upon completion. This Proposal shall be valid until March 28, 2015. By: Thomas Barth ITK01 DI-W Ihh si V By my signature below I hereby accept this proposal and price thereof, and authorize Trademark Construction to begin work. Signed this day of March 2015 EXHIBIT PAGE OF Sharon Palmer