Amendment No 5 to PSA - Beck’s Lake Remediation Work – Jones Petrie Rafinski Corporation

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FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Fifth Amendment to the Agreement for Professional Service (this "Fifth Amendment") is made on January 10, 2023 (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 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 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 entered into the Third Amendment to the Services Agreement on November 12, 2019, incorporating Scope of Work Changes and Cost Adjustments as set forth in the Third Amendment. E. The City and the Provider entered into the Fourth Amendment to the Services Agreement on June 22, 2021, incorporating Scope of Work Changes and Cost Adjustments as set forth in the Fourth Amendment F. The City and the Provider now wish to further amend the Services Agreement as set forth in this Fifth Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Fifth Amendment, the Fourth Amendment, the 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. Services. Add Exhibit E-1 to the Services Agreement, Scope of Work Changes and Cost Adjustments, Beck's Lake NPL Site/LaSalle Park Area, South Bend, Indiana (Project 2018 — 0225). 2. 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 Six Hundred Eighty One Thousand Two Hundred Thirty-