PSA - Design Services for Main St. & Wayne St. Garage Improvements – Epoch, A Division of Shive-Hattery, Inc.

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AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND EPOCH, A DIVISION OF SHIVE-HATTERY, INC. THIS AGREEMENT is dated June 25, 2020 (the "Contract Date") with an effective date of September 13, 2018 (the "Effective Date") by and between the South Bend Redevelopment Commission, (the "Commission") the governing body of the Department of Redevelopment (the "Department") and Epoch, a division of Shive-Hattery, Inc., an Iowa corporation, with an address at 321 S. Main St., Suite 103, South Bend, Indiana 46601 (the "Consultant"), and each a "Party" and together the "Parties". RECITALS WHEREAS, the City, through the Commission, entered into a Development Agreement (the "Development Agreement") dated September 13, 2018, as subsequently amended, with 112 West Jeff LLC for certain local public improvements ("LPI") to a parking garage adjacent to and serving Robertson's Senior Apartments (the "Project"); and WHEREAS, the Department, acting on behalf of the Commission, identified the Consultant as an organization with the experience and expertise necessary to fulfill the requirements of the services described as LPI in the Development Agreement; and WHEREAS, due to an administrative oversight, the Department engaged the Consultant and the Consultant performed work prior to the execution of this Agreement, for which the Consultant has been paid in part; and WHEREAS, to correct the administrative oversight, the Commission and the Department desire to formalize the arrangement between the Parties. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and hereby agree as follows: Section 1. Duties of the Consultant. The Consultant shall provide the Services which are more particularly described at Exhibit "A" attached hereto and incorporated herein. The Consultant certifies that it has sufficient experience and expertise to complete the Services and will shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. The Consultant understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Consultant in the absence of prior written approval of the Parties.