Amendment No 1 to Interlocal Cooperative Agreement - Cleveland Rd. Brick Rd. - INDOT LaPorte

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AMENDMENT NO. 1 TO INTERLOCAL COOPERATIVE AGREEMENT Between THE INDIANA DEPARTMENT OF TRANSPORTATION And SOUTH BEND, INDIANA For PAVEMENT REPLACEMENT ON CLEVELAND ROAD NEAR US 31 EDS #A249-20-ON190127 This Amendment (“Amendment”) is made by and between the State of Indiana, through the Indiana Department ofTransportation (hereinafter referred to as "INDOT"), and the City of South Bend, Indiana (hereinafter referred to as the “City”), and jointly referred to as the “Parties,” is executed pursuant to the terms and conditions setforthherein and shall be effective as of the date of approval by the Office of the Indiana Attorney General. In consideration of those mutual undertakings and covenants, the Parties agree as follows: RECITALS WHEREAS, on August 27, 2019, the Parties entered into an Interlocal Cooperative Agreement under EDS #A249-20-ON190127 (“Original Agreement”), for the completion of a pavement replacement project along US 31 from the Toll Road to the Michigan State border in the City under contract R-41975 (the “Project”) and a pavement replacement project on Cleveland Road from Ameritech Drive to the pavement joint to the west of the US 31 southbound ramps under Des. Numbers 1383328 and 1902086 (the “Associated Work”), which said Original Agreement is attached as Exhibit 1 and herein incorporated by reference; and WHEREAS, the Original Agreement included an estimated cost of the Associated Work in the amount of $1,677,300.00, and the Associated Work has now been awarded and the amount of the Associated Work under Des. Number 1902968 has been reduced to $1,248,475.08; and WHEREAS, the Parties desire to amend the Original Agreement to reflect the actual awarded costof the Associated Work; and WHEREAS, the Parties wish to substitute Exhibit B-1, that reflects the awarded bid amount for actual costs involved for Des. Number 1902068for Exhibit B to the Original Agreement; and WHEREAS, the City has requested to include water main relocation as part of the Associated Work, as shown in Exhibit C, which is attached hereto and incorporated herein by reference; and WHEREAS, the Parties have agreed to include the water main relocation work as part of the scope of the Associated Work;