PSA - American Structurepoint - Leeper Park CSO Tank Design

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AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND AMERICAN STRUCTUREPOINT, INC. of South Bend, Indiana THIS AGREEMENT is made effective the 14th day of February, 2017 by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board Department of Administration and Finance ("City") and American Structurepoint, Inc. ("Engineer"). RECITALS WHEREAS, Engineer has experience and expertise in designing combined sewage storage (CSO) tanks that are required by the City in its CSO Long-term control plan; and WHEREAS, the City desires to retain the services of Engineer under contract to commence the design of the facility as described in Exhibit A to meet the requirements of the City's CSO long-term control plan, specifically by undertaking an initial project seeping exercise for the Leeper Park CSO storage tank as detailed in Exhibit A; and complete the design and construction administration of such tank project, if authorized. WHEREAS, the City has determined that due to Engineer's experience and expertise, it is in the best interests of the City to retain Engineer's services under the terms and conditions set forth in this Agreement; and WHEREAS, both parties understand that this contract is for, and limited to, the initial design stages as described in Exhibit A only, and this contract does not guarantee that the City will continue to use the services of the engineer beyond the tasks described in Exhibit A. Also both parties agree that by undertaking this contract the Engineer is not prohibited in any way from proposing on future work on this same CSO long-term control plan project, Leeper Park tank. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and Engineer hereby agree as follows: Section 1. Duties of the Engineer. The Engineer shall provide the Services which are more particularly described at Exhibit "A" attached hereto and incorporated herein. The Engineer shall execute its responsibilities by following and applying at all times the industry standard professional and technical guidelines and standards. Section 2. Consideration. The Engineer will be paid as set forth at Exhibit 'A ". The total consideration under this Agreement shall be lump -sum and not exceed the sum of Forty Eight Thousand Eight Hundred and Sixty Dollars ($48,860). Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code § 5-17- 5.X