Amendment No 1 to LPA Utility Reimbursement Agreement - Proj No. 118-116 – St. Joe. Board of Commissioners

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FIRST AMENDMENT TO LPA/UTILITY REIMBURSEMENT AGREEMENT THIS FIRST AMENDMENT TO THE LPA/UTILITY REIMBURSEMENT AGREEMENT (this “Amendment”) is made effective May 14, 2024 (the “Effective Date”) by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works (“Utility”) and the St. Joseph Board of Commissioners (hereinafter referred to as, “LPA”), each a party and collectively referred to as the parties. RECITALS WHEREAS, the Utility and LPA entered into a certain LPA/Utility Reimbursement Agreement dated September 22, 2020 (the “Agreement”); and WHEREAS, this Amendment is entered into to modify certain terms and conditions expressed in the Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the Utility and LPA hereby agree as follows: TERMS Section 1 - Preparation of Relocation Plans for INDOT’s Construction Contract is hereby replaced in its entirety and amended as follows: The Utility shall prepare, or cause to be prepared, at its own cost and expense, all plans, specifications and a preliminary itemized cost estimate, for relocation of the Utility’s facilities that need to be relocated in order to construct the LPA’s Project. INDOT’s construction contract will require the contractor, which is awarded the contract, to list the Utility as an additional named insured. In addition, INDOT’s construction contract will provide that the Utility is a third-party beneficiary with respect to the relocation work. No changes to the plans or specifications for relocation of the Utility’s facilities shall be made without the written approval of the Utility. INDOT will prepare the final engineer’s estimate for the Project construction contract. In addition, the Utility shall construct, at its own cost, an additional water main on the south side of Douglas Road between Burdette and Ironwood. This additional construction shall complete the water main loop on Douglas in this area which will establish appropriate fire protection and necessary system redundancy. Approved material and labor underruns, overruns, and omissions in the form of a final change order are included in the Utility’s total contribution. The Utility’s total contribution for this work shall be Six Hundred Forty-Eight Thousand Nine Hundred Fifty and 73/100 Dollars ($648,950.73) as evidenced by Exhibit A attached and incorporated hereto.