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