PSA - Black & Veatch Corp - Peer review for LTCP

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national origin, sex, age or disability. Engineer agrees to comply with and to act consistently with this policy in the performance of Engineer's duties. Section 15. Corporate Authority. The person signing on behalf of the Engineer represents that he/she has been duly authorized to execute this Agreement on behalf of the Engineer, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Engineer after acceptance by the City. Section 16. Drug -Free Workplace. The Engineer hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Engineer will give written notice to the City within ten (10) days after receiving actual notice that the Engineer or an employee of the Engineer within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. Section 17. Opinions of Cost; Construction Means, Methods; Safety. Engineer does not guarantee that proposals, bids or actual project costs will not vary from Engineer's opinions of probable cost or that actual schedules will not vary from Engineer's projected schedules. Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the City or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Exhibit A, Scope of Services. Section 18. Ownership of Documents and Intellectual Property. Project specific engineering documents, drawings, and specifications prepared by Engineer as part of the Services shall become the property of City when Engineer has been compensated for all Services rendered, provided, however, that Engineer shall have the unrestricted right to their use. Engineer shall, however, retain its rights in its standard drawing details, specifications, data bases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by City or others on extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by Engineer for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Engineer. Section 19. Delay in Performance. Except for City's payment obligation, neither City nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non -performing party. Should such circumstances occur, the non -performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Engineer shall be entitled to an equitable adjustment in schedule and compensation in the event