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HomeMy Public PortalAbout093-2020 - Enigineering - LWC Inc. Design Services for Parking Garage RepairsPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this 0- day of 2020, and referred to as Contract No. 93-2020, by and between the City of chmond, 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 WORK City hereby retains Contractor to provide professional services in connection with providing design services for repairs for the City's Parking Garage, which professional services are more fully described on Contractor's proposal (the "Project"). Contractor shall perform all services and develop all construction documents as more fully described on Contractor's proposal marked as "Exhibit A" which exhibit consists of six (6) pages, is dated July 17, 2020, 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 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 proper completion of all work specified. No performance of services shall commence until the following has been met: 1. 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 II. 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. Contract No. 93-2020 Page 1 of 7 SECTION III. COMPENSATION City shall pay Contractor a total amount not to exceed Ninety-two Thousand Dollars and Zero Cents ($92,000.00) for the complete and satisfactory performance. of this Agreement. 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. 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 the 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 7 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. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event, or its results, would include, but would not be Page 2 of 7 limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government. 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 Contractor or by any. sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability. Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $2,000,000 each aggregate Page 3 of 7 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 law, 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 Worker's 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. 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. IRAN 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 Iranwithin 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. Page 4 of 7 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 -contractor 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 5-16-6-1, 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 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 the provisions of the Agreement; and 4. That this Agreement may be canceled 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. Page 5 of 7 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 parry. 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 jurisdiction 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. 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. [Signature Page to Follow.] Page 6 of 7 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 WHEREOF, 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" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: Vicki Robinson, President By: mily P i'mer, Member By: Matt Evans, Member "CONTRACTOR" LWC Incorporated 712 East Main Street Richmond, IN 47374 By: Printed: John C. Fabelo Title: principal APPROVED: Date: i M. r Date: Page 7 of 7 July 17., 2020 Mr. Greg, Stiens Director of Public Works and Engineering. City of Richmond 50 North.Sth Street Richmond, Indiana 47374 Re: City of Richmond Parking Garage Repairs Design Services Dear Greg; Thank you for inviting LWC to submit a fee proposal for the development. of construction documents for the. City of Richmond Parking Garage repair. This proposal is.for the creation of bid documents addressing both Phase and Phase 2 of the recommended repairs contained in -the City of Richmond Parking Garage Repair Assessment dated March 30, 20201hat was prepared by LWC Inc. The executive summary from that re.portis attached for reference. Anticipated construction.cost ranges from$1,2'53,050:00 to $1;373,000.0.0: The fee for services would be as follows. - Schematic Design Phase. $19,000:00: Design Development Phase $251000.00 Construction Document Phase $4.8--,000.00 Total Fee $92;000.00 Our understanding'is.that ourfeefor this proposal is only for design,.however if you would like.to know the cost of our services_for bidding and construction administration, itwould..be:$4000.00 for the bidding phase and bythe hour. for constructio.n.administration not to exceed $25;0.00.00. We can complete the work within 90'days from' -notice to proceed. 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 corisideration: Sincer y,----. F Edward G: Soots AIA,. LEED® AP Senior Associate John C. Fabelo AIA; LEED° AP Principal IKH:I�BF_A�_PAG�E creating inspiring spaces l 434 East First Street { Daymn, 0144540.2 1 937.2.23.6500 LWC. wy-Fw.IwcinspireS.com l 711 East Maln Street ( Richmond. IN 473:74 1 765.966.3Sh6 Executive Summary The City of Richmond parking garage is in generally good condition but the following summarizes recommendations that would extend the life and improve the service of the garage. These are addressed in more detail in the assess ment.sections and cost estimate summary. Architectural Assessment Summary A. Replace sidewall at northeast corner of garage. B. Provide perimeter sealant (caulk) between the sidewalk and the exterior garage wall. C. Pressure wash the brick veneer and re -apply anti -graffiti coating. Remove the cable on the west fagade intended for mounting fabric signs. D. Replace the limestone cap on the first floor barrier wall on the west side. E. Replace the roofing on the stair stairs)within the next 3-5 years. F. Restripe the garage parking spaces and apply thermoplastic directional arrows. G. Paint level numbers at each column, etc. to replace applied signs, most of which are missing. H. Paint interior surfaces of garage. I. Install height -limitation indicators at the two entrances. J. Paint, repair, and replace various doors. See detailed description in Architectural Assessment, item J. K. Replace the light fixtures inside the elevator cabs. L. Work is recommended at most of the storm drains to control water and increase flow. This is also addressed in the Mechanical and Electrical Assessment section. M. Renovation of the bus station restrooms, including new wall panels, mirrors, soap dispensers, electric wall heaters, etc. N. Light renovation of the bus station lobby including replacing the wall panels, cleaning and sealing the floor, and painting the ceiling. O. Light renovation of the bus station break room including replacing wall panels, replacing the . flooring, painting the ceiling, replacing missing door hardware at cashier room, and infill the cashier window to the lobby. Structural Assessment Summary The garage structure is in good condition given its age. However, there are a number of repairs that should be made soon if the structure is to be kept in service long-term. Some repairs are needed to mitigate localized.slip-and-fall hazards or hazards from falling overhead material. Some repairs should be made to fix localized areas of deterioration for water -proofing, fire -proofing and aesthetic reasons. The largest, and the most expensive, repair needs however are those required to arrest, as much as possible, the further general contamination of critical structural elements by chloride ion from highway deicing salts. The following is a general listing of repair needs. These are discussed in more detail in the following sections of this report. A. At the underside of structural tees (parking deck floor structure), remove all loose overhead material, clean and coat exposed steel reinforcing and connection hardware, pressure inject cracks with epoxy, and patch spalled areas with specialty repair material. B. Repair shallow scaling of parking deck topping slab to eliminate a slip -and -fall hazard. FEXHIBIT PAGE C. Repair spalled and cracked precast wall panels. D. Pressure inject with epoxy horizontal hairline cracks in precast beams on west fagade. E. Repair deteriorated concrete block walls where precast bears on walls of stair tower. F. At lowest supported level, over finished "public area", repair topping slab deterioration, renew joint sealant and install urethane deck -coating waterproof membrane to protect the public area below from water leakage. G. Perform general large-scale repairs at parking deck topping slab at all locations of delaminations, spalls or where the topping slab is debonded from the precast structural tees. Epoxy/urethane in1ect all topping cracks. Repair concrete along control joints and renew all control joint sealant. H. Install supplemental shear -connection assemblies at all locations of failed, or badly deteriorated, embedded shear -connection hardware. Mechanical and Electrical Assessment Summary A. Replace all egress lighting, exit signs, inverter systems, and associated accessories. B. General parking level lighting is relatively new and in good condition. C. Replace illuminated directional signage with new LED vandal -resistant signage. D. Replace water cooler outlet in bus station lobby with new GFCI outlet. E. Replace outlets and switches in the bus station lobby and restrooms. Replace lights in the restrooms with damp -location LED fixtures. F. Replace cast iron storm piping and replace existing storm drains with larger storm drains. G. Replace the hi-lo water cooler in the bus station lobby with new hi-lo ADA water cooler. H. Replace all electric wall heaters in the bus station lobby and restrooms: [EXHIBIT A PAGE-! OF G M I Item C Arch D F G H I J K L M N 0 Arch Arch Arch Arch Arch Arch Arch Arch Arch Arch Arch Cost Estimate Summary RHASE 1'RECOMMf NBATIIO:N�S. -� COST,: MMMA,RY ' t Description Pressure wash and reseal brick veneer, remove sign support cable Replace limestone cap on west barrier wall Repaint parking space lines and arrows Paint level numbers throughout Paint interior surfaces of garage Install clearance limitation indicator Door maintenance Replace elevator light fixtures Storm drain Improvements to bus station restrooms Improvements to bus station Lobby Improvements to bus station break room Total Architectural Improvements A Low Range Cost High Range Cost Priority $ 20,000.00 $ 24,000.00 High $ 4,400.00 $ 24,000.00 $ 18,000.00 $ 48,000.00 $ 1,625.00 $ 25,000.00 $. 500.00 $ 15,000.00 $ 52,000.00 $ 9,700.00 $ 8,325.00 $ 226,550.00 5,000.00 26,000.00 20,000.00 50,000.00 2,000.00 27,000.00 500.00 18,000.00 55,000.00 10,000.00 9,000.00 246,500.00 Medium Medium Medium Medium Medium High Medium High High High High Item Description Low Range Cost High Range Cost Priority A Struc Parking deck topping repairs $ 190,000.00 $ 200,000.00 Medium/High B Struc Repair cracks and spalling in precast $ 35,000.00 $ 40,000.00 Medium/High concrete double tees and coating exposed reinforcing C Struc Repair of sheer connectors between flanges $ 265,000.00 $ 275,000.00 High of double tees, and coat exposes reinforcing D Struc Repair cracks and spalling in precast wall $ 75,000.00 $ 80,000.00 Medium/High panels E Struc Pressure grout horizontal cracking at $ 20,000.00 $ 24,000.00 Medium/High precast beams and coat exposed reinforcing steel G Struc Repair damaged concrete block bearing $ 4,000.00 $ 5,000.00 Medium. walls .H Struc Repair to interior walls, columns, and bridge $ 4,000.00 $ 5,000.00 Medium girder Total Structural Improvements $ 593,000.00 $ 629,000.00 jEXH1B11T-A-PAGE �®F CE1 Cost Estimate Summary Item Description Low Range Cost High Range Cost Priority A M/E- Replace egress lights, exit signs, and $ 7,500.00 $ 8,000.00 High inverter systems D M/E Replace water cooler outlet in bus station $ 500.00 $ 500.00 Medium waiting with new GFCI E.1 M/E Replace outlets and switches in waiting and $ 1,500.00 $ 2,000.00 Low restrooms. E.2 M/E Replace light fixtures in restrooms with new $ 1,000.00 $ 1,500.00 Low LED damp location fixtures F M/E Replace cast iron storm piping and replace $ 15,000.00 $ 18,000.00 High drains with large diameter drain G M/E Replace ADA water cooler in bus station $ 1,000.00 $ 1,500.00 Medium waiting area H M/E Replace all electric wall heaters $ 6,000.00 $ 7,000.00 Medium Total Mechanical/Electrical Improvements $ 32,500.00 $ 38,500.00 Low Range Cost High Range Cost Total of all Recommended Improvements $ 852,050.00 $ 914,000.00 Design Fees $ 68,164.00 $ 91,400.00 Material Testing Fees $ 20,000.00 $ 25,000.00 Total Phase 1 Project Cost $ 940,214.00 $ 1,030,400.00 EXI iOT PAGE . 5 CE2 Cost Estimate Summary Item Description Low Range Cost E Arch Roof replacement on stair towers $ 10,000.00 High Range Cost Priority $ 12,000.00 Medium Total Architectural Improvements $ 10,000.00 $ 12,000.00 Item Description High Range Low Range Cost Cost Priority A Struc Urethan Membrane coating over entire parking deck $ 300,000.00 $ 350,000.00 Low F Struc Replace sealant in topping slab joints $ 85,000.00 $ 90,000.00 High Total Structural Improvements $-3$5,b00.00 $ 440,000:00 Mechanical 0Ellectrical'Assessment Item Description High Range Low Range Cost Cost Priority M/E None in this phase t $ 6,000.00 $ 7,000.00 Medium Total Mechanical/Electrical Improvements $ 6,000.00 $ 7;000.00 1 High Range Low Range Cost Cost Total of all Recommended Improvements $ 401,000.00 $ 459,000.00 . Design Fees $ 32,080.00 $ 45,900.00 Material Testing Fees $ 12,000.00 $ 12,000.00 Total Phase 2 Project Cost $ 445,080.00 $ 516,900.00 , ,EXHOT PAGE CE3