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Home My WebLink AboutAmendment No 1 to LPA Utility Reimbursement Agreement - Proj No. 118-116 – St. Joe. Board of CommissionersINTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Rebecca Plantz, Senior Project Engineer SUBJECT: Project Completion, Project No. 118-116 Douglas Road Utility Relocation DATE: May 3, 2024 The Douglas Road Utility Relocation project included the installation of a lift station, the relocation of a force main, and related work to complete these tasks within the St. Joseph County’s project for widening the road. An LPA/Utility Reimbursement Agreement was effective on September 22, 2020, between INDOT, St. Joseph County, and the City. St. Joseph County contracted with INDOT to construct the project using 80% federal funding and the City contributed 20% to utility relocation related tasks. Additional work was completed including new 12-inch ductile iron water main, additional replacement of water services in conflict, an additional sanitary drop manhole, a sanitary pipe lining material change, and net increase for underruns and overruns. While the majority of the amended cost comes from the City covering 100% of the new water main for $316,614.25, the total increase for the 20% contribution and the water main is $348,433.60. The project is complete, so this will be the first and final amendment. The new total the City is contributing to the Douglas Road Utility Relocation is $648,950.73. Please call with your questions (5998). 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. Except for the provisions herein contained, said Agreement, including any and all Amendments, will remain in full force and effect as previously made. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have caused this Amendment to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Amendment and do, by their respective signatures hereby agree to its terms. ST JOSEPH BOARD OF COMMISSIONERS _ Signature _______________________________ Printed Name _______________________________ Title May 14, 2024 EXHIBIT A City of South Bend Department of Administration & Finance Change Order Request Form Multiple PO lines: Project POs: PO Number PO-7521 Line Number 1 Original Dollar Amount $300,517.13 New Dollar Amount (For liquidation request, enter $0)$648,950.73 Reason Code (if changed)na Financial Dimensions (fund-dept- division-subdivision-main account)622-06-604-620-442007 Project Code (if applicable)PROJ-21 Description of change (include budget impact) Revise Line 1 per Engineering's request (R Plantz). Increase of $348,433.60 to the original $300,517.13. APPROVED BY PROJECT ACCOUNTING TEAM (if applicable) PO Number Line Number Original Dollar Amount New Dollar Amount (For liquidation request, enter $0) Reason Code (if changed) Financial Dimensions (fund-dept- division-subdivision-main account) Project Code (if applicable) Description of change (include budget impact) APPROVED BY PROJECT ACCOUNTING TEAM (if applicable) PO Number Line Number Original Dollar Amount Changing the line amount: You can only change a line amount if it has NOT been invoiced against. • If the line has NOT been invoiced – reduce the line amount to equal what it should be. • If the line has been invoiced – cancel the delivery remainder and finalize the individual line, then add a new line for the amount that should be remaining. If you have changes to more than two lines on the same PO, fill out a separate section for each line affected by the change order. For change orders on project-related POs, this form must be approved by the Project Accounting Team as described in Supplement 508. PO-7521 St Joseph County PO Change Order Request Form - Revise Line 1 1 of 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 05/03/2024 Name Becca Plantz Department Public Works BPW Date 05/14/2024 Phone Extension 5998 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name Cynthia Simmons BPW Attorney Attorney Name Michael Schmidt Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. _ Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name St. Joseph County Board of Commissioners New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Douglas Road Utility Relocation Project Number 118-116 Funding Source DA TIF, Sewer Capital, Water Capital Account No. PROJ-21, PO-7521 Amount Original $300,517.13; Amendment $348,433.60; Final Amount $648,950.73 Terms of Contract Lump Sum Purpose/Description Amendment to the City 20/County 80 agreement for the construction costs for Douglas Road utility relocations and a new lift station. For Change Orders Only Amount of Increase Decrease ($ ) Previous Amount $ Current Percent of Change: Increase Decrease ( %) New Amount $ Total Percent of Change: Increase Decrease ( %) Time Extension Amount: New Completion Date: