Amendment No. 1 to Preliminary ESA - Addtl. Design Srvcs. RR Signal Relocation Olive St. – Norfolk-Southern Railway Company

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AMENDMENT TO AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES This AMENDMENT TO AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES (the “Amendment”), dated September ____, 2021, is made by and between the City of South Bend (hereinafter called “CITY”), and Norfolk-Southern Railway Company, (hereinafter called “COMPANY”). WHEREAS, CITY and COMPANY have entered into that certain agreement for Preliminary Engineering Services dated July 23, 2020 (the Preliminary Engineering Agreement) where the CITY agreed to submit plans and specifications to said COMPANY for proposed work which will involve COMPANY facilities at Town, County, State: South Bend, St. Joseph County, Indiana AAR-DOT#: DOT # 522741D Street /Bridge Name: Olive Street Description: Olive Street Improvements Mile Post Mileposts PY-0.99 WHEREAS, the CITY and COMPANY entered an agreement for preliminary engineering cost estimate of $7,447. WHEREAS, the CITY and COMPANY seeks additional funds for the railroad signal design affecting COMPANY facilities. NOW, THEREFORE, in consideration of the foregoing and of the promises and commitments, herein contained, the parties hereby agree as follows: Increase the preliminary engineering cost estimate reimbursement amount from $7447 to $32,447. IN WITNESS WHEREOF, the CITY and the COMPANY have caused these presents to be signed by their duly authorized officers: BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA By_______________________________ Elizabeth A. Maradik, President By_______________________________ Gary A. Gilot, Member By_______________________________ Jordan V. Gathers, Member By______________________________ Joseph Molnar, Member By______________________________ Murray L. Miller, Member ATTEST: _____________________________ Anne Fuchs Board Clerk COMPANY Signature:______________________________ Name:_________________________________ Title:__________________________________ Date:__________________________________ 14 Date: September 14, 2021