PSA - American Structurepoint - Leeper Park CSO Tank Design

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Special Provision This is a Special Provision, regarding the City's Consent Decree which is integral to, and part of, the Agreement between City and Engineer for Professional Services dated 14"' February, 2017. Project: 117-030 Description: Leeper Park CSO Tank Design The City of South Bend is subject to a Consent Decree regarding certain prescribed changes required to be made to the City's Combined Sewer System. This project is one of the prescribed projects contained in the City's Consent Decree. To Whom It May Concern, Engineer shall perform, or cause to perform, all work undertaken in connection with this Agreement in conformance with the terms of the Consent Decree entered in the U.S. District Court on May 2, 2012 by the United States and the state of Indiana (Case No. 3:11CV505). Engineer acknowledges that it has been provided a complete copy of the Consent Decree. The Consent Decree can also be viewed online at: http://southbendin.gov/sites/default/files/files/PW 2012-05- 02SouthBendConsentDecreeAsEntered.pdf In accordance with the requirements of the City's Consent Decree, the Engineer agrees to preserve all non -identical copies of all documents, records and other information (whether in physical or electronic form) within Engineer's possession or control and which relate, in any manner, to the performance of the work undertaken in connection with this agreement for a period of 1 year after the completion contemplated by the agreement (the `Retention Period"). Prior to the end of the retention period, or at any earlier time if requested by the city, engineer shall provide the city with complete copies of such documents, records and other information at no cost to the city. The copies shall be provided to the city on suitable electronic media with files in the adobe PDF format or other appropriate open data format. The information being transferred to the City shall be suitably named so as to allow for easy data retrieval. No part of any file shall be encrypted or protected from copying. Such copies shall be accompanied by a verified written statement from the engineer attesting that it has provided the City with complete copies of all documents, records and other information which relates to the work contemplated by the agreement.