HomeMy WebLinkAboutproposed reconstruction of 10th st from dutch to Reeds AMENDMENT NO. 4
TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED JULY 1, 2009 BETWEEN BERNARDIN,
LOCHMUELLER AND ASSOCIATES, INC. HEREINAFTER REFERRED TO AS THE "CONSULTANT" AND
THE CITY OF JEFFERSONVILLE ACTING BY AND THROUGH ITS PROPER OFFICIALS, HEREINAFTER
REFERRED TO AS THE LOCAL PUBLIC AGENCY, FOR PRELIMINARY ENGINEERING DESIGN
SERVICES FOR THE PROPOSED RECONSTRUCTION OF 10 STREET FROM DUTCH LANE /PENN
STREET TO REEDS LANE.
W I T N E S S E T H
WHEREAS, LOCAL PUBLIC AGENCY and CONSULTANT did on July 1, 2009 enter into an
Agreement to provide preliminary engineering design services for the proposed reconstruction
of 10 Street from Dutch Lane /Penn Street to Reeds Lane, and did on May 27, 2011 enter into
Amendment No. 1, and did on April 12, 2012 enter into Amendment No. 2, and did on July 13,
2012 enter into Amendment No. 3 to said Agreement, and
WHEREAS, the project has advanced to a stage at which it has been determined that many of
the "If Necessary" services will not be required, and
WHEREAS, additional Permanent and Temporary Right of Way descriptions and Title Searches
will be required over and above that which was originally anticipated, and
WHEREAS, as a result of the Public Hearing, revisions will be required to several of the
proposed right of way parcels, and
WHEREAS, the LOCAL PUBLIC AGENCY desires to have the CONSULTANT provide the required
additional Right of Way Engineering, and
WHEREAS, the CONSULTANT has expressed a willingness to provide the required additional
Right of Way Engineering, and
WHEREAS, in order for the CONSULTANT to provide the additional services, it is necessary to
amend the original Agreement, and
NOW, THEREFORE, it is agreed by and between both parties that the original Agreement be
amended as follows:
CITY OF JEFFERSONVILLE PAGE 1 OF 4 AMENDMENT NO. 4
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I. Section IV COMPENSATION under the Recitals is modified to read as follows:
SECTION IV COMPENSATION. The LPA shall pay the CONSULTANT for the Services
performed under this Contract as set forth in Appendix "D" which is herein attached to and
made an integral part of this Contract. The maximum amount payable under this Contract shall
not exceed $1,718,961.00.
II. Items C.5a, C.8, and D.5 of Appendix "A" are deleted.
III. Section 5 Services to be Provide (If Necessary) of Appendix "A" is modified to read as
follows:
S. Services to be Provided (IF NECESSARY)
/
The services noted as "If Necessary" and set forth in Section N.2.a above shall only be
provided upon receipt of written authorization from the LOCAL PUBLIC AGENCY.
IV. Section A.1 Appendix "D" is modified to read as follows:
1. The CONSULTANT shall receive as payment for the services performed under this
Agreement the total fee not to exceed One Million Seven Hundred Eighteen
Thousand Nine Hundred Sixty One Dollars ($1,718,961.00) unless a modification
of this Agreement is approved in writing by the LOCAL PUBLIC AGENCY.
V. Section A.2 of Appendix "D" is modified to read as follows:
2. The CONSULTANT shall receive compensation for providing the services set forth
in Section B through Section Q, inclusive, and Section X of Appendix "A" on a
lump sum basis in accordance with the following schedule:
a. Topographic Survey Data Collection $139,600.00
b. Environmental Documentation — Categorical Exclusion $83,661.00
f. Water Resource /Stormwater Permitting
i. 401 /404 /Rule 5 Permitting $32,100.00
g. Traffic Analysis $10,300.00
h. Design Plans — Field Check Design Phase, Final Tracings $568,100.00
Design Phase, Final Package Design Phase, Hydraulic
Analysis and Traffic Maintenance
j. Public Involvement $40,000.00
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PAG
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k. Utility Coordination $62,000.00
Traffic Signal Design $53,600.00
m. Traffic Signal Interconnect Study $6,200.00
n. Traffic Signal Interconnect System Design (IF NECESSARY) $11,100.00
o. Street Lighting Design $20,700.00
p. Construction Phase Services $19,800.00
q. Project Management $47,100.00
r. Sanitary Sewer Design $61,300.00
s. Rain Garden Design $63,400.00
VI. Sections A.5 and A.6 of Appendix "D" are modified to read as follows:
5. The CONSULTANT shall receive as payment for providing the services set forth in
Section W of Appendix "A" of this Agreement the total fee not to exceed
$470,000.00, unless an Amendment to this Agreement is approved in writing by
the LOCAL PUBLIC AGENCY.
6. The CONSULTANT shall receive as payment for providing the Right -of -Way
Engineering set forth in Section W of Appendix "A" of this Agreement based on
the specific cost per unit multiplied by the actual units of work performed, in
accordance with the following schedule:
Quantity Unit Price Subtotal
a. R/W Plans & Project Management 1 LSUM @ $16,922.00 $16,922.00
b. Permanent Legal Descriptions 125 Each @ $660.00 $82,500.00
Additional Permanent &
c. 270 Each @ $337.00 $90,990.00
Temporary Legal Descriptions
d. Transfer Documents 125 Each @ $75.00 $9,375.00
e. R/W Parcel Plats 125 Parcels @ $670.00 $83,750.00
f. R/W Staking 125 Parcels @ $325.00 $40,625.00
g. Title Search 133 Each @ $330.00 $43,890.00
h. Title Updates 125 Each @ $140.00 $17,500.00
i. Appraisal Problem Analysis 125 Each @ $200.00 $25,000.00
j. Revised Parcels 11 Each @ $1,350 $14,850
TOTAL $425,402.00
CITY OF JEFFERSONVILLE PAGE 3 OF 4 AMENDMENT NO. 4
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Based on preliminary property owner research, it is estimated that the Right -of -Way
Engineering will include 125 individual parcels. If the actual number of parcels is equal
to or Tess than the anticipated 125 parcels, the total fee should not exceed the
$425,402.00 indicated above. If, however, the number of parcels exceeds the 125
anticipated, the additional parcels shall be invoiced on a unit price basis per the unit
prices shown above. In order to have funds available in the event that the total fee
exceeds the $425,402.00, the total not to exceed fee shall be set at $470,000.00.
Except as herein modified, changed and supplemented, all terms of the original Agreement
dated July 1, 2010, Amendment No. 1 dated May 27, 2011, Amendment No. 2 dated April 12,
2012 and Amendment No. 3 dated July 13, 2012 shall continue in full force and affect. This
Amendment No. 4 increases the not -to- exceed fee of $1,663,361.00 by $55,600.00 to a new
not -to- exceed total of $1,718,961.00.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreem nt.
BERNARDIN, LOCHMUELLER AND ASSOCIATES, INC. CITY OF JEFF: RS9N ILLE
BY BY
Carl D. Camacho Michael Mcore, Mayor
Indianapolis Office Manager
ATTEST: ATTEST(
BY
BY �.,Gejk,,
Mark L. Harrison, PE, LEED AP Vicki Conlin, Clerk
Director of Water /Wastewater Services
Ri [90) f 1A3 /PeZ3
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Date Date
CITY OF JEFFERSONVILLE PAGE 4 OF 4 AMENDMENT NO. 4
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