Amendment to PSA - Toole Design Group - Bike Share Feasibility Study-Business Plan

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FIRST AMENDMENT TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES This First Amendment To Agreement Between Owner And Engineer For Professional Services (this "First Amendment") is made on July 26, 2016 (the "Effective Date"), by and between the Board of Public Works, City of South Bend, Indiana (the "Owner"), and Toole Design Group, LLC (the "Engineer") (each a "Party," and collectively the "Parties"), RECITALS A. Owner and Engineer entered into that certain Agreement Between Owner And Engineer For Professional Services dated August 12, 2014 (the "Agreement"), for Engineer's provision of certain engineering and consulting services relating to the City of South Bend's (the "City") Smart Streets Initiative, including guidance on general bike and pedestrian planning issues. B. Owner desires to obtain, and Engineer desires to provide, further guidance and services concerning the development of a bike -share system in the City not included in the Agreement's original scope of services. C. The Parties desire to amend the Agreement in accordance with the terms of this First Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. Appendix 2 attached to this First Amendment is inserted as Appendix 2 to the Agreement and is amended as follows: a. All references to stakeholder workshops will be reduced from "up to four" to "up to two" stakeholder workshops. b. The project schedule set forth on page 13 of Appendix 2 is amended to reflect that Engineer will deliver the following by Week 10: (i) Draft Service Area and Phasing Plan, (ii) Governance structure and technology review, and (iii) Pro -forma. C. On page 14 of Appendix 2, the estimated fee for Task 2 is reduced from $9,000 to $6,400, and the estimated fee for Project Expenses is reduced from $2,600 to $2,100. 2. The following is inserted following Task 3 of Engineer's Services stated on page 1 of the Agreement: "Task 4: Bike -Share Plan Services Engineer will carry out the bike -share plan services set forth in Appendix 2."