CN-370000-DC828-A3.pdf.crdownload

DEP CONTRACT DC828

AMENDMENT NO. 3

This Amendment No. 3 is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (the “Department”), and TKW CONSULTING ENGINEERS, INC., a Florida Corporation (“Consultant”).

RECITALS

A. Department and Consultant entered into a Professional Services Agreement DC828 dated on or about February 25, 2009, inclusive of attachments (the “Professional Services Agreement”).

B. The Professional Services Agreement was amended by DEP Contract No. DC828 Amendment 1 dated on about January 25, 2012 (“Amendment No. 1”), and DEP Contract No.

DC828 Amendment No. 2 dated on or about December 8, 2014 (“Amendment No. 2”).

C. The Professional Services Agreement, Amendment No. 1, and Amendment No. 2 (collectively, the “Agreement”) are incorporated herein by reference.

D. Pursuant to Amendment No. 2, the completion date of the Agreement is August 25, 2015.

E. Consultant is currently performing work for the Department under one or more Work Assignments authorized during the term of the Agreement; such Work Assignment(s) may not be fully completed by August 25, 2015. Therefore, the parties wish to further amend the completion date of the Agreement as set forth in this Amendment No. 3.

NOW THEREFORE, in consideration of the Recitals, $10.00, and other good and valuable consideration, the Agreement is hereby modified as follows:

1. Recitals. The Recitals set forth hereinabove are true and correct and are incorporated herein by reference.

2. Modifications to the Agreement. The Agreement is revised as follows:

a.) Section 3.1 of the Agreement is hereby deleted in its entirety, and the following is hereby substituted in lieu thereof:

“The term of this Agreement began on February 25, 2009, and shall be coterminous with the latest completion date of any Work Assignment authorized by the Department and pending with the Consultant as of the date of Amendment No. 3.”

b.) Section 3.2 of the Agreement is hereby deleted and hereinafter intentionally omitted.

DEP CONTRACT NO. DC828, AMENDMENT NO. 3

3. Successors and/or Assigns.

The parties agree and confirm that the Agreement, as amendment by this Amendment No.

3, is binding upon the Department and the Consultant, and their respective successors and assigns.

4. Counterparts.

This Amendment No. 3 may be executed in two identical counterparts, each of which shall be effective, but together shall constitute Amendment No. 3. In the event a party delivers a signed counterpart via facsimile transmission or a ".pdf" format data file via email, such delivery via electronic signature shall create a valid and binding obligation of the transmitting party with the same force and effect as an inked original. Any party transmitting an executed counterpart via electronic signature shall deliver the inked original to the receiving party upon request.

5. Ratification.

Except as modified by this Amendment No. 3, the Agreement and all its terms and conditions shall remain unchanged and in full force and effect, and the same are hereby ratified and confirmed. Hereinafter, the term “Agreement” shall collectively mean the Professional Services Agreement, as modified by Amendment No. 1, Amendment No. 2, and this Amendment No. 3. In the event of a conflict, this Amendment No. 3 shall control.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.

DEP CONTRACT NO. DC828, AMENDMENT NO. 3