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HomeMy Public PortalAboutAmendment #2 to Contract 132-2009 - Commonwealth Engineers Inc - Eastside interceptor.docAMENDMENT #2 TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT is made and entered into this __25th _____ day of _January_________, 2011, by and between the City of Richmond, Indiana, a municipal corporation acting through its Board of Sanitary Commissioners and its Board of Storm Water Management, (hereinafter referred to as the “City“), and Commonwealth Engineers, Inc., (hereinafter referred to as the “Contractor”). WHEREAS, City and Contractor entered into Contract Number 132-2009, on or about September 8, 2009 to provide certain professional engineering services in connection with City’s East Side Interceptor Replacement Projects; and WHEREAS, City and Contractor entered into Amendment #1 to Contract Number 132-2009 in March 2010 to revise the scope of services of such contract and the compensation payable for the same; and WHEREAS, City and Contractor now desire to further amend Contract Number 132-2009, pursuant to its terms, to additionally revise the scope of services to be provided by Contractor under this Agreement, and to further alter the compensation payable to Contractor for such revised services, in order to provide for additional services in connection with the construction of the East Side Interceptor Replacement Phase II Project which is the subject of Contract Number 132-2009. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor hereby agree as follows: Amendment # 2 to Contract Number 132-2009 1. SECTION I. STATEMENT AND SUBJECT OF WORK of Contract 132-2009 will be revised as follows: Contractor agrees to provide those additional services described in its proposal dated January 5, 2011, attached as Exhibit “C” hereto, consisting of four (4) pages, which is hereby incorporated by reference and made a part of this Agreement, in addition to those described in Exhibit “B” attached to Amendment #1 to Contract Number 132-2009 and incorporated therein by reference. SECTION III. COMPENSATION of Contract 132-2009 will be revised as follows: City shall pay Contractor, at an hourly rate based upon those rates set forth in Exhibit “C”, a sum not to exceed Twenty Thousand Dollars and Zero Cents ($20,000.00), for performing all additional work described in Amendment # 2 to Contract Number 132-2009 in a satisfactory and proper manner. 3 City and Contractor expressly agree that all other terms, conditions and covenants contained in Contract Number 132-2009, as amended by Amendment #1 thereto, 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. “CITY” THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By:_S/S Richard Bodiker__________ Richard Bodiker, President _S/S Gil Klose ___________________ Gilbert Klose, Vice President _S/S Greg Stiens_________________ Greg Stiens, Member THE CITY OF RICHMOND, INDIANA by and through its Board of Storm Water Management By:_S/S Sue Miller _____________ Sue Miller, President _S/S Gilbert Klose________________ Gilbert Klose, Vice President _S/S Richard Bodiker_____________ Richard Bodiker, Member Date:_January 25, 2011_____________ APPROVED:_S/S Sarah L. Hutton__ Sarah L. Hutton, Mayor Date:____________________________ “CONTRACTOR” COMMONWEALTH ENGINEERS, INC. By:_Mark D. Downey ______________ Printed: (_Mark D. Downey_____) Title:_President____________________ Date:_January 31, 2011_____________