Amendment to PSA - Jones Petrie Rafinski - Beck's Lake Project

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FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This First Amendment to Agreement for Professional Service (this "First Amendment") is made on November 13, 2018 (the "Effective Date"), by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (the "City"), and Jones Petrie Rafinski Con, an Indiana corporation with its principal office at 200 Nibco Parkway, Suite 200, Elkhart, Indiana 46516 (the "Provider") (each a "Party" and together, the "Parties"). RECITALS A. The City and the Provider entered into that certain Agreement for Professional Services dated August 14, 2018 (the "Services Agreement"), for Beck's Lake Project offsite waste delineation and groundwater investigation (as defined in the Services Agreement). B. The City and the Provider wish to amend the Agreement as set forth in this First Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Services Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. The entirety of Section 2 of the Agreement is deleted and replaced by the following: A. Cw ensation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum not to exceed Two Hundred Ninety -One Thousand Dollars ($291,000) (the "Contract Amount") in accordance with the cost proposal stated in the Scope of Work. The Provider shall prepare detailed, itemized invoices and submit them monthly to the City of South Bend Department of Law. Invoices shall be presented as set forth in the Scope of Work and payment shall be made to the Provider within a reasonable time thereafter. The Provider acknowledges and agrees that invoices will be reviewed and approved by the PRPs prior to payment. The City will not be required to pay any invoice if the City is not satisfied with the Provider's Performance under this Agreement or any default or breach of this Agreement by Provider exists, as the City may determine in its sole discretion. The Provider will not incur or seek reimbursement for any expenses exceeding the Contract Amount without a signed contract change or similar instrument as outlined in Section 16. B. Add Exhibit A-1 to the Agreement, Scope of Work Changes and Cost Adjustment Beck's Lake NPL Site/LaSalle Park Area, South Bend, Indiana. 2. Each and every other provision of the Agreement and attachments thereto are hereby ratified, approved and reaffirmed by the Parties and all other matter previously agree to and set forth in the Agreement and not affected by this First Amendment shall remain in full force and effect.