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HomeMy WebLinkAbout10TH STREET FROM DUTCH LANE /PENN TO REEDS LANE AMENDMENT 7 AMENDMENT NO. 7 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 10TH STREET FROM DUTCH LANE/PENN STREET TO REEDS LANE. WITNESSETH WHEREAS, the 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 10th 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, and did on August 13, 2013 enter into Amendment No. 4 to said Agreement, and did on September 30, 2015 enter into Amendment No. 5, and did on September 8, 2016 enter into Amendment No. 6, and WHEREAS, due to the existing residential sanitary sewer laterals being in conflict with some of the proposed storm sewers, it has become necessary for the design of new sanitary sewer lines, and WHEREAS, the LOCAL PUBLIC AGENCY desires to engage the CONSULTANT to design the new sanitary sewer, and WHEREAS, the CONSULTANT has expressed a willingness to provide the required additional services, 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: 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 $1,767,480.00. CITY OF JEFFERSONVILLE PAGE 1 OF 2 AMENDMENT NO. 7 W:\ACCNTING\CONTRACT\JEFFERSONVILLE\208004510TH ST WATER MAIN RELOCATION\AMEND NO 7 TO CITY 040618.DOC 208-0045-0 H Y II. Item Z is added to Appendix "A" as follows: Z. Sanitary Sewer 1. The CONSULTANT shall design a new sanitary sewer along 10th Street from French Street to Main Street so as not to be in conflict with the proposed storm sewers. III. Section A.1 of 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 Sixty Seven Thousand Four Hundred Eighty Dollars ($1,767,480.00), unless a modification to this Agreement is approved in writing by LOCAL PUBLIC AGENCY. VI. Section A.2.h of Appendix"D" is modified as follows: h. Design Plans—Field Check Design Phase, Final Tracings $606,959.00 Design Phase, Final Package Design Phase, Hydraulic Analysis, Traffic Maintenance and Sanitary Sewer Design 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, Amendment No. 3 dated July 13, 2012, and Amendment No. 4 date August 13, 2013, and Amendment No. 5 dated September 30, 2015, and Amendment No. 6 dated September 8, 2016 shall continue in full force and affect. This Amendment No. 7 increases the previous not-to-exceed fee of$1,758,261.00 by $9,219.00 to a new not-to-exceed total of$1,767,480.00. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. LOCHMUELLER GROUP, INC. CITY OF JEFFERSONVILLE BY BY /,�� Carl D. Camacho MontySn in Vice President/Regional Manager President, Redevelopment Commission i/�//s VAS"- Date Date CITY OF JEFFERSONVILLE PAGE 2 OF 2 AMENDMENT NO.7 W:\ACCNTING\CONTRACI\JEFFERSONVILLE\208004510TH ST WATER MAIN RELOCATION\AMEND NO 7TO CITY 040618.DOC 208-0045-OHY