Professional Services Agreement - Jones Petrie Rafinski - EPA Mandated Groundwater Investigation Assistance

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AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement") is entered into on August 14, 2018 (the "Effective Date"), by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (the "City"), and Jones Petrie RaEnski Corp., an Indiana corporation with its principal office at200 Nibco Parkway, Suite 200, Elkhart, Indiana 46516 (the "Provider") (each a "Party" and together, the "Parties"). RECITALS WHEREAS, the City and Honeywell International Inc. (together the "Potentially Responsible Parties," or "PRPs") entered into an Administrative Settlement and Administrative Order on Consent for .Focused Remedial Investigation/Feasibility Study (the "ASAOC") with the United States Environmental Protection Agency for the Beck's Lake area (the "Beck's Lake Project") in October 2015; and WHEREAS, Richard Brown, the PRPs' EPA -approved Project Coordinator (the "Project Coordinator"), has identified certain services that must be performed in furtherance of the Beck's Lake Project and under the terms of the ASAOC, including, but not limited to, offsite waste delineation and groundwater investigation, (the "Project Work"); and WHEREAS, the Provider employs two employees, R. Joseph Trojan and Joshua Klosinski, who have several. years of collective experience working on the Beck's Lake Project due to their former employment with WSP USA INC., a contractor that previously performed work on the Beck's Lake Project on the PRPs' behalf, and who have in-depth, historical and technical knowledge of the EPA -approved project planning documents and field work; and WHEREAS, the City has determined that due to the Provider's employment of Mr. Trojan and Mr. Klosinski, and the inherent benefits the PRPs stand to gain from their continued participation in the Beck's Lake Project through their performance of the Project Work, it is in the PRPs' best interests to obtain the Provider's services pursuant to the terms of this Agreement; and WHEREAS, the PRPs desire to obtain the services of the Provider, and the Provider desires to provide services on behalf of the PRPs upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the Parties agrees as follows: 1. Services. The Provider will provide the professional services (the "Services") set forth in the Provider's Scope of Work and Cost Proposal attached hereto as Exhibit A (the "Scope of Work"). In the event of any conflict between the terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity.