First Amendment to Professional Services Agreement - ACM Engineering & Environmental Services - Lead and Asbestos Testering for Erskine Clubhouse Renovation

Home Browse Search

FIRST AMENDMENT TO SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND ACM ENGINEERING & ENVIRONMENTAL SERVICES THIS FIRST AMENDMENT TO SERVICES AGREMENT is entered into this 22 day of January, 2018, 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, and having its offices at 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, IN 46601 ("City") and ACM Engineering & Environmental Services, a Florida corporation with its local place of business located at 26598 US-20 West, South Bend, Indiana 46628 ("ACM"). WHEREAS, City and ACM are parties to an agreement entitled "Services Agreement" made effective October 9, 2018 ("Agreement"); and WHEREAS, this agreement is entered into as the First Amendment to the Agreement to modify certain terms and conditions expressed in the Agreement; and NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties make this First Amendment to the Agreement as follows: Section 2., "Compensation" of the Agreement shall be and hereby is deleted in its entirety and replaced with the following: 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 an amount not to exceed three thousand six hundred and fifty ($3,650) dollars for asbestos and four hundred and eighty nine ($489) dollars for characterization testing of liquid in two fuel tanks at Erskine Golf Course for a total amount not to exceed four thousand one hundred and thirty-nine ($4,139) dollars. The City will pay the Contract Amount in installments upon invoicing by the Provider (each a "Contract Installment"). The City will not be required to pay any Contract Installment if the City is not satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The Provider will not incur or seek reimbursement for any expense in excess of that amount. "EXHIBIT A." of the Agreement shall be and hereby is revised and amended to add the following service: (1) Characterization of the liquid in two (2) suspect fuel tanks at Erskine Golf Course. ACM will test the liquids for flashpoint, density and reactive testing to determine if the liquid is a fuel; and if it is, what type of fuel. Normal laboratory time is one (1) week. Once the liquid contents of the two (2) tanks is identified, ACM will provide a remediation proposal for