HomeMy Public PortalAbout199-2019 - LWC Incorporated - professional services for parking repairf
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this day of � , 20JI, and referred
to as Contract No. 199-2019, by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Public works and Safety (hereinafter referred to as
the "City") and LwC Incorporated, 712 East Main Street, Richmond, Indiana, 47374 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORD
1 _
City hereby retains Contractor to provide professional services in connection with conducting.a study
of the City's parking garage located at 20 South 8fh Street, in Richmond, Indiana, which services
shall include, but shall not be limited to, the development of a specific, scope of services for structural
repairs, which professional services by Contractor shall include a report and cost estimate of the
work, and which professional services are more fully described on Contractor's proposal. Contractor
shall perform all services and provide all reports as more fully described on Contractor's proposal
marked as "Exhibit A" which exhibit. consists of two (2) pages, is dated September 27, 2019, and
which is attached hereto and made a part hereof. Contractor agrees to abide by the same.
Should any provisions, terms, or conditions contained. in any of the documents attached hereto as E
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
. Contractor shall perform all work herein in a timely manner, conforming to all applicable
professional standards.
The Contractor shall furnish all labor, material, equipment, and services necessary for the e proper
completion of all work specified.
No performance of services shall commence until the following has been met:
I. The City is in receipt of any required certificates of insurance;
2. The City is in, receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5--1.7-11(a)(2);.and
3. A purchase order has been issued by the Purchasing Department.
SECTION H. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of the
City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the
work.
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Contract No. 199-2019
SECTION III. COMPENSATION
City shall pay Contractor a total amount not to exceed Eighteen Thousand Dollars and Zero Cents
($18,000.00) for the complete and satisfactory performance of all work described on "Exhibit A".
SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective when signed by all parties and shall continue in effect until
satisfactory completion of .this Agreement, which completion is expected to be concluded within
ninety (90) days of the issuance of the notice to proceed.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part,
for cause, at any time by giving at least five (5) working days written notice specifying -the effective
date and the reasons for termination which shall include but not be limited to fhe following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report; other. work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the' grant funding to the City under which this Agreement
is made; or ,
e, unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work performed
prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated, in whole or in part,, by mutual Agreement of the parties by
setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or any other claims which may arise from the Contractor's conduct or performance of this
Agreement, either intentionally or negligently; provided, however, that nothing contained in this
Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers,
agents, or employees. Contractor shall as a prerequisite to' this Agreement, purchase and thereafter
maintain such insurance as will protect it from the claims set forth below which may arise out of or
result from the Contractor's operations under this Agreement, whether such operations by the
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Contractor or by any sub -contractors or by anyone directly or indirectly, employed by any of them, or
by anyone for,whose acts the Contractormay be held responsible.
Coverts Limits
A: Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $10%000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$23000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,0001000 each person
$1,0005000 each occurrence'
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
P ty
$2,000,000 each aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation lave, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana workers Compensation "Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility
status of all newly hired employees of the contractor through the Indiana E-Verify program.
Contractor is not required to verify the work eligibility status of all newly hired employees of the
contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists.
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Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit
affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC
22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to
remedy the violation not later than thirty (30) days after the City notifies the Contractor of the
violation. If Contractor fails to remedy the violation within the thirty (30) day period provided
above, the City shall consider the Contractor to be in. breach of this Agreement and this Agreement
will be terminated. If the City determines that terminating this Agreement would be detrimental to
the public interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then pursuant to
IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages.
SECTION-VIII. MAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement that
this certification is no longer valid, City shall notify Contractor in writing of said determination- and
shall give contractor ninety (90) days within which to respond to the written notice. In the event
Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran
within ninety (90) days after the written notice is given to the Contractor, the City may proceed with
any remedies it- may have pursuant to IC 5-22--16.5. In the event the City determines during the
course of this Agreement that this certification is no longer valid and said determination is not
refuted by. Contractor in the manner set forth in IC 5-22--16.5, the City reserves the right to consider
the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of
the ninety (90) day period set forth above.
SECTION Ix. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to .Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on
behalf of Contractor or any sub'cbntractor shall not discriminate against any employee or
applicant for employment to ,be employed in the performance of this Agreement, with respect
to hire, tenure, terms, conditions or privileges of employment or any matter directly or
indirectly related to employment, because of race, .religion, color, sex, disability, national
origin, or ancestry.
B. Pursuant to Indiana Code F5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this Agreement of
any subcontract hereunder, Contractor, any subcontractor, or any person acting on
.behalf of Contractor or any sub -contractor, shall not discriminate by reason of race,
religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform- the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or
any sub --contractor shall in no manner discriminate against or intimidate any
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employee hired for the performance of work under this Agreement on account of
race, religion, color; sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor.by the City under
this Agreement, a penalty of five dollars ($5.00) for each person for each calendar.
day during which such person was discriminated against or intimidated in violation of
r the provisions of the Agreement; and
4. That this Agreement may be cariceled or terminated by the City and all money due or
to become due hereunder may be forfeited, for a second or any subsequent violation
of the terms or conditions of this section of the Agreement.
C. Violation of 'the terms or- conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of its
rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and void.
This Agreement shall be controlled by and interpreted according to Indiana law .and shall be binding
upon the parties, their successors and assigns. This document constitutes the entire Agreement
between the parties, although it may be altered or amended in whole or in part at any time by filing
with the Agreement a written instrument setting forth such changes signed by both parties. By.
executing this Agreement the parties agree that this document supersedes any previous discussion,
negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
The parties hereto, submit to juris'diction'of the courts of Wayne County, Indiana, and any suit arising
out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or
mediation shall be required prior to the commencement of legal proceedings in said Courts. By
executing this Agreement, Contractor is estopped from bringing suit or any other action in any
alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the
Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to
bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has been
duly authorized by his or her principal to execute this Contract.
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In the event of any breach of this Agreement by Contractor, and in addition to any other damages or
remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any. of the
provisions of this Agreement.
IN WITNESS WFIEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the
day and year first written above, although signatures may be affixed on different dates.
"CITY" CONTRACTOR
THE CITY of RICHMOND, LWC Incorporated
INDIANA by and through its 712 East Main Street
Board of Public Works and Safety Richmond, IN 47374
B ��.
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Vicki Robinson, President
By:
mily P mer, Member
By:
Matt Evans, Member
APPROVED:
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Date: 1 Z D i l�'1
By:
Printed: —J��i F7
Title:���
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Date:
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LWC
INCORPORATED
September 27, 2019
Mr. Greg Stiens
Director of Public Works and Engineering
City of Richmond
50 North 51h Street
Richmond, Indiana 47374
Re: ' City of Richmond
Parking- Garage Repairs
Dear Greg,
Thank you for inviting LWC to submit a fee proposal related to the evaluation of the City of
Richmond Parking Garage. Based on our meeting together of August 26, 2019, we understand
that the first step in the process is to conduct a study of the garage and develop specific scope for
repairs determined necessary. A report and cost estimate of the work will be provided for use in
allocating funds.
Once final scope is determined, a fee for implementation of construction documents and bidding
will be provided.
in general, the project is envisioned to include the following:
1. Clean and seal precast panels and columns (exterior)
2. Repair damaged precast panels, primarily at columns were corners are spalled
3. Pressure wash brick veneer and reapply anti -graffiti coating. Tuck paint where needed
4. Clean the stone cap on the west barrier wall, bottom level. Replace missing stone.
5. Evaluate horizontal cracking noted on west face of second and third level panels•where
beam bears on barrier panel.
6. Route and clean perimeter sealant joint at sidewalk level and install new sealant.
7. -Repair split cast iron storm drainpipes
S. Backup lighting power supply (batteries) needs to be checked and repaired as needed.
9.. Repaint various doors. .
10. Route and caulk parking decks that where not done in previous project by Beard
Masonry. "
11. Pressure wash all decks and seal. t
12. Selective patch ing. of concrete decks where surface has spa l led.
13. New striping and numbering. New thermal tape directional arrows.
14. Stencil new parking level numbers on columns where signs were stolen.
15. In general, paint formerly painted surfaces that need repainting throughout.
16. Repair or remove directional arrow light boxes where broken out.
LWCcreaEing inspirirl} spaces ` I 434 East First Street I Dayton, OH 45402. I 93 7.223.6 500
www,lwcirispires.coni j 7i2 East Main Street i Ri-_imv: ,„d.IN 47374 1 765.966.354E
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17. Paint angle iron on top of barrier walls -that ties to masonry corner panels.
18. Inspect and correct any deficiencies with fire suppression dry standpipe system. Cap's
are stolen for scrape. Consider an alternative.
19. Hang new clearance pipes at the entrances for 7'4" clearance.
20. Replace sidewalk at northeast corner entrance.
21. Replace aluminum entrance doors at each stairwell with ADA compliant doors.
22. Evaluate restrooms and bus waiting area for repair and ADA compliance. FRP panels are
installed and wall is failing behind it in many areas.
23-M Bus station drinking fountains are accessible and working but are rusting. Can they be
repaired without full replacement?
24. Outlets in bus waiting area need new covers. Some could be abandoned.
25. Bus garage quarry tile floor needs deep cleaning.
26. Consider what can be done to improve control of storm water at bottom of ramps.and
at entrances to stairwells?
- Our fee for the initial investigation stage, including report and cost estimate for the scope -
described above is $18,000. This would break down as follows:
LWC. coordination and evaluation: $7900.00
Structural evaluation: $6600.00
Mechanical and electrical evaluation:$2500.00
Total: $181000.00
Please let me know if you have any questions. We are prepared to start work immediately upon a
notice to proceed.
Thank you for your consideration.
Sincerely,
Edward G. Soots AIA, LEED® AP
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creaeirs, inspiring spaces I 434 East First Street j Dayton, off 45402 I 937.223.6500
LWCwwtiv.lwcins 1res.com 712 East Main street p j = Richrrac3nd. IN 47374 1 765.966,3546