PSA - Black & Veatch Corp - Peer review for LTCP

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AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND BLACK AND VEATCH CORPORATION THIS AGREEMENT is made effective the. 2 y day of h1Gt 6,L , 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 Black and Veatch Corporation, a Delaware corporation ("Engineer"). RECITALS WHEREAS, Engineer has experience and expertise in the areas of combined sewage management and mitigation, water quality and engineering project management which are required by the City; and WHEREAS, the City desires to retain the services of Engineer under contract to undertake the work as described in Exhibit A. 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 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 of care and diligence normally practiced by recognized engineering firms in performing services of a similar nature. If, during the six month period following the earlier of completion or termination of the Services it is shown there is an error in the Services caused solely by Engineer's failure to meet such standards, and City has promptly notified Engineer in writing of any such error within that period, Engineer shall perform, at Engineer's cost, such corrective engineering services within the original Scope of Services as may be necessary to remedy such error. Section 2. Consideration. The Engineer will be paid as set forth at Exhibit "A". The total consideration under this Agreement shall not exceed the sum of seventy-four thousand nine hundred and sixty five dollars ($74,965). 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.