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1 <br />AMENDMENT #1 <br />To <br />TRAFFIC SIGNAL MAINTENANCE AGREEMENT <br />For <br />STATE HIGHWAYS IN SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA <br />Between <br />THE INDIANA DEPARTMENT OF TRANSPORTATION <br />And <br />THE CITY OF SOUTH BEND, INDIANA <br />EDS No. A249-22-ON210164 <br />SCM # 56859 <br /> <br />This Amendment (“Amendment”) made by and between the State of Indiana, acting by and <br />through the Indiana Department of Transportation (hereinafter referred to as “INDOT”), and the <br />CITY OF SOUTH BEND, INDIANA (hereinafter referred to as the “CITY”), and jointly referred <br />to as the “PARTIES,” is executed pursuant to the terms and conditions set forth herein and shall be <br />effective as of the date of approval by the Office of the Indiana Attorney General. In consideration <br />of those mutual undertakings and covenants, the PARTIES agree as follows: <br /> <br />RECITALS <br /> <br /> WHEREAS, on October 12, 2021, the Office of the Attorney General approved a Traffic <br />Signal Maintenance Agreement for State Highways in South Bend, Saint Joseph County, Indiana <br />between the Indiana Department of Transportation and the City of South Bend, Indiana (“Original <br />Agreement”); and <br /> <br /> WHEREAS, unanticipated costs have been discovered related to the changing of the <br />payment structure for the services being provided by the CITY to INDOT, where the unit pricing <br />calculations failed to take into account certain CITY staffing costs; and <br /> <br /> WHEREAS, the PARTIES wish to modify the Original Agreement to adjust the unit <br />pricing for certain agreed upon circumstances; and <br /> <br /> NOW, THEREFORE, in consideration of the promises and the mutually dependent <br />covenants contained herein, the PARTIES agree as follows: <br /> <br />1. Section 1.4 A is deleted in its entirety and amended to read as follows: <br /> <br />A. All maintenance payments paid by INDOT shall be paid at a flat unit rate per <br />intersection based on type of visit as listed in Exhibit B, attached hereto and <br />incorporated by reference. The flat unit rate per intersection shall cover all <br />labor, vehicles, and equipment used in carrying out the work. For work