Professional Services Agreement - ACM Engineering & Environmental Services - Lead and Asbestos Testing for Erskine Clubhouse

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SERVICES AGREEMENT This Agreement For Services (this "Agreement") is entered into on October 9, 2018 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City"), and ACM Engineering & Environmental Services, a Florida corporation with its local place of business located at 26598 US-20 West, South Bend, Indiana 46628 (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the services (the "Services") set forth in the Provider's proposal attached hereto as Exhibit A (the "Proposal"), which Proposal is incorporated herein. In the event of any conflict between the terms of this Agreement and the terms of the Proposal, 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. Bulk samples will be analyzed by the Provider's in- house laboratory (NVLAP Lab Code: 101977-0), which is accredited by the US Environmental Protection Agency, in accordance with 40 CFR, Part 763, Subpart F, Appendix A of the Asbestos Hazard Emergency Response Act; and the Services will be provided by one or both of the following Provider personnel: Jason A. Ganser Indiana State Department of Health Lead Risk Assessor License No. TND000502 Lead Inspector License No. IND000501 Indiana Department of Environmental Management Asbestos Inspector License No. 192714055 Casey A. Micinski Indiana Department of Environmental Management Asbestos Inspector License No. 192907077 2. Compensation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider an amount not to exceed three thousand six hundred and fifty ($3,650) ("Contract Amount") in accordance with the project budget stated in the Proposal. The City will pay the Contract Amount in installments upon invoicing by the Provider as set forth in the Proposal (each a "Contract Installment"). The City will not be required to pay any Contract Installment if the City is not satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The Provider will not incur or seek reimbursement for any expenses in excess of that amount. 3. Term; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing,