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FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES <br /> This Fourth Amendment to the Agreement for Professional Service (this “Fourth <br />Amendment”) is made on July 13, 2021 (the “Effective Date”), by and between the City of South <br />Bend, Indiana, acting by and through its Board of Public Works (the “City”), and Jones Petrie <br />Rafinski Corp., an Indiana corporation with its principal office at 200 Nibco Parkway, Suite 200, <br />Elkhart, Indiana 46516 (the “Provider”) (each a “Party” and together, the “Parties”). <br /> <br />RECITALS <br /> <br />A. The City and the Provider entered into that certain Agreement for Professional <br />Services dated August 14, 2018 (the “Services Agreement”), for Beck’s Lake Project offsite <br />waste delineation and groundwater investigation (as defined in the Services Agreement). <br />B. The City and the Provider entered into the First Amendment to the Services <br />Agreement on November 13, 2018, incorporating Scope of Work Changes and Cost Adjustments <br />as set forth in the First Amendment. <br /> <br />C. The City and the Provider entered into the Second Amendment to the Services <br />Agreement on August 13, 2019, incorporating Scope of Work Changes and Cost Adjustments as <br />set forth in the Second Amendment. <br /> <br />D. The City and the Provider entered into the Third Amendment to the Services <br />Agreement on November 12, 2019, incorporating Scope of Work Changes and Cost Adjustments <br />as se <br /> <br />E. The City and the Provider now wish to further amend the Services Agreement as <br />set forth in this Fourth Amendment. <br /> <br /> NOW, THEREFORE, in consideration of the mutual promises and obligations in this <br />Fourth Amendment, the Third Amendment, the Second Amendment, the First Amendment, and <br />the Services Agreement, the adequacy of which consideration is hereby acknowledged, the <br />Parties agree as follows: <br /> <br />1. Services. Add Exhibit D-1 to the Services Agreement, Scope of Work Changes and Cost <br />Adjustments, Beck’s Lake NPL Site/LaSalle Park Area, South Bend, Indiana (Project 2018 – <br />0225). <br /> <br />2. The entirety of Section 2 of the Services Agreement is deleted and replaced by the <br />following: <br /> <br />A. Compensation. In exchange for the Provider’s satisfactory performance of the <br />Services, and subject to the terms and conditions of this Agreement, the City will pay the <br />Provider a total sum not to exceed Five Hundred Forty Thousand Eight Hundred Twenty <br />Three Dollars ($540,823), of which a sum not to exceed One Hundred Fifty-Three Thousand <br />Seven Hundred Twenty Three Dollars ($153,723) (the “Remaining Contract Amount”) is to <br />paid in accordance with the cost proposal stated in the Scope of Work (Exhibit D-1). The <br />Provider shall prepare detailed, itemized invoices and submit them monthly to the City of