Amendment to PSA - Additional EPA Requested Environmental Testing for Beck's Lake Site - Jones Petrie Rafinski Corp.

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THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Third Amendment to the Agreement for Professional Service (this "Third Amendment") is made on November 12, 2019 (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 Corp., an Indiana corporation with its principal office at 300 Nibco Parkway, Suite 250, 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 entered into the First Amendment to the Services Agreement on November 13, 2018, incorporating Scope of Work Changes and Cost Adjustments as set forth in the First Amendment. C. The City and the Provider entered into the Second Amendment to the Services Agreement on August 13, 2019, incorporating Scope of Work Changes and Cost Adjustments as set forth in the Second Amendment. D. The City and the Provider now wish to further amend the Services Agreement as set forth in this Third Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Third Amendment, the Second Amendment, the 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 Services Agreement is deleted and replaced by the following: A. Compensation. 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 Three Hundred Eighty -Seven Thousand One Hundred Dollars ($387,100) (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