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,, <br />?. <br />STANDARD AGREEMENT FOR PROFESSIONAL SERVICES <br />Wastewater Treatment Plant Operation and Maintenance Services <br />This is an Agreement made on rn u-? -2 S , 1995 between City of North Olmsted, Ohio [Client], a <br />corporation chartered under the laws of the State of Ohio, having its principal place of business at 6200 Dover <br />Center Road, North Olmsted, Ohio 44070 and Malcolm Pirnie, Inc. [Malcolm Pirnie], a professional engineering <br />firm having its principal place of business at 2 Corporate Park Drive, White Plains, New York 10602, having an <br />office at 6000 Freedom Square Drive, Independence, Ohio 44131. <br />Client engages Malcolm Pirnie to provide professional engineering services for the Wastewater Treatment Plant <br />(WWTP), which will be referred to as Operation and Maintenance Services [Project]. <br />The location of the Project is 23775 Mastick Road [Site], North Olmsted, Ohio 44070 [State]. <br />The Project will have the following characteristics: Updating certain chapters in the 1991 Operations and <br />Maintenance Manual and responding to plant operations questions. <br />In consideration of the mutual promises herein, Client and Malcolm Pirnie agree that the terms and conditions <br />of this Agreement are the following: <br />SECTION 1 - BASIC SERVICES <br />1.1 Scope. Malcolm Pirnie shall provide the Basic Services <br />described in Schedule A. Malcolm Pirnie's obliga6ons under <br />this Agreement are solely for the benefit of Client and no <br />other party is intended to benefit or have rights hereunder. <br />1.2 Standard of Care. Malcolm Pirnie shall perform the <br />professional engineering services under this Agreement at <br />the level customary for competent and prudent engineers <br />performing such services at the time and place where the <br />services are provided [Standard of Care]. These services <br />will be provided by licensed engineers and other profession- <br />als and individuals skilled in other technical disciplines, as <br />appropriate. <br />13 Instruments of Service. Malcolm Pirnie is responsible <br />for the professional quality, technical accuracy, timely <br />completion, and the coordination of all instruments of its <br />services including operadons and maintenance manual <br />updates [Service Instruments] and other services provided <br />under this Agreement. <br />1.4 Applicable Codes. The Service Instruments will con- <br />form to the generally accepted codes and regulations <br />applicable to the Project at the time of performance. <br />1.5 Indemni6cation. Malcolm Pirnie agrees to indemnify <br />and hold the Client harmless from all losses and damages <br />resulting from Malcolm Pirnie's failure to meet the Stan- <br />dard of Care. <br />1.6 Subcontractors. Any subcontractors and outside associ- <br />ates or consultants to be engaged by Malcolm Pirnie under <br />this Agreement aze limited to those the Client specifically <br />approves during the performance of this Agreement. <br />1.7 Hazardous Wastes. Client represents that the Project <br />does not contemplate the performance of services, profes- <br />sional or otherwi.se, related to hazardous or toxic wastes, <br />material, or substances and other pollutants. Malcolm Pirnie <br />shall not be responsible for and, to the fullest extent permit- <br />ted by law, shall be held harmless from all costs and other <br />liabilities arising from the presence in or about the Project <br />of hazardous or toxic wastes, material or substances and <br />No oe?n.?.c/%pn <br />i9a?