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HomeMy WebLinkAboutNo. 2732 approving/authorizing the execution of an addendum to the Master Agency Agreement (Wayne St. Parking Garage Repair Assessment)• RESOLUTION NO. 2732 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Wayne Street Parking Garage Repair Assessment) WHEREAS, effective January 1, 2010, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Wayne Street Parking Garage Repair Assessment.Project to the Master Agency Agreement by way of this Addendum. • NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Wayne Street Parking Garage Repair Assessment) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Don Inks or Jeff Gibney is authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. 0 ADOPTED at a meeting of the South Bend Redevelopment Commission held on July 23, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTE Nancy N. g, SecretZry South Bend Redevelopment Commission • 0 CITY OF SOUTH BEND, DEPARTMENT OF DEVELOPMENT Marcia I. Jones, P e dent South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Wayne Street Parking Garage Repair Assessment) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 26th day of July, 2010, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Wayne Street Parking Garage Repair Assessment (the "Project "). WHEREAS, effective January 1, 2010, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Project to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the BPW and the Commission agree as follows: 1. The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project, the scope of said Project being more specifically described in "Exhibit A ", attached hereto and made a part hereof. • 2. All of the terms and conditions of the Master Agency Agreement shall 0' control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Don Inks or Jeff Gibney is authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. ATTEST: • South Bend Redevelopment Commission ATTEST: Linda Martin, Clerk 40 CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member • • • Exhibit "A" Project Scope And Budget (Fujawa Investigation of FaVade Condition Proposal) (Fujawa Condition Assessment & Development of Repair & Preventative Maintenance Program Proposal) PAUL FUJAWA ENGINEERS, INC. Tuesday, June 29, 2010 Mr. Carl P. Littrell, P.E. City Engineer The City of South Bend Department of Public Works, Division of Engineering 1316 County -City Building South Bend, Indiana 46601 RE: Proposal for Professional Engineering Services Investigation of FaVade Condition St. Joseph/Wayne Street Parking Garage 0 South Bend, Indiana Dear Mr. Littrell: In response to your recent request, Paul Fujawa Engineers, Inc. (FUJAWA) is pleased to submit the following proposal to perform a investigation of the fagade condition for the referenced City -owned parking structure. The St. Joseph/Wayne Street Parking Garage has pre -cast concrete panels with thin -set brick mounted on all four sides of the garage. The garage was constructed in around 1989. During the fall of 2009, Casteel Construction removed and repaired portions of the brick that had delaminated on the west face. During a recent site visit, an area of brick that had fallen off the building was noted on the south face. Also, structural concrete elements of the garage are covered with a cement overlay and painted on the exterior faces. During the site visit, I observed that areas of these overlays are also cracking and delaminating. SCOPE OF SERVICES FUJAWA proposes the following program of services, which are essential to properly evaluate the parking garage for the purpose of developing a prioritized list of cost - effective repair /preventive maintenance program options: PHASE I —Investigation of FaVade Condition 40 Task I -1 Review available existing documents, i.e., drawings, specifications, concrete test reports, former condition survey reports, etc., in order to acquaint ourselves with the parking garage, prior to conducting an on -site survey of the facility. FUJAWA has the existing structural 17455 Douglas Road / South Bend, IN 46635 / (574) 273 -5014 Condition Assessment & Preventive Maintenance Program June 29, 2010 St. Joseph/Wayne Street Parking Garage page 2 City of South Bend drawings of the garage in electronic file format. Prints of these drawings will be used to record deficiencies within the facility during our fagade condition survey (Task I -2). Task I -2 Conduct an on -site observation survey of the exterior faces of the garage at an appropriate time when the facility is least occupied. A large crane with an operator will be obtained from Casteel Construction to access the fagade. Some scaffolding will also be provided on the top level of the, garage around the elevator towers. The survey of the south face will be conducted in the early morning because the entrance to the garage must be blocked. At times during the survey, one lane of Wayne Street and St. Joseph Street must be blocked. FUJAWA and Casteel Construction will work with the City to obtain the necessary traffic barriers, signage, etc. for this work. During the on -site survey, FUJAWA will observe and record the physical condition and photographically document deficiencies of the following: 1. General composition and condition of the thin set face brick and the cement overlay on all exterior faces of the garage. The following structural deficiencies will be observed and recorded: • The surface of the thin set brick will be sounded with a hammer. Areas where the brick has delaminated from the concrete panels will be noted and marked. • The surface of the cement overlays will be sounded with a hammer. Areas where the overlay has delaminated for the concrete structure will be noted and marked. • Surface condition of all exterior fagade elements including cracking and discoloration will be noted. 2. Movement and bowing of the pre -cast concrete exterior fagade panel. The straightness of the exterior fagade panels and the condition of their attachment to the structure will be observed and recorded. Task I -3 FUJAWA recommends to the City that a man be provided at ground level to keep pedestrians out from under the areas being inspected. The City could provide a man for this purpose, or FUJAWA could provide a man at the rate of $50 per hour. Task I -4 Review, analyze and evaluate the data recorded during Tasks I -2 and I -3. FUJAWA will then prepare a report that documents the condition of the fagade. Loose and potentially dangerous areas of the brick and the cement overlay will be delineated for removal, see Task I -4. Based on the extent and nature of the deficiencies in the condition of the fagade, recommendations will be made for developing permanent repairs to the fagade. Task I -S A general contactor will remove the loose areas of brick and cement overlay from the face. Because loose fagade brick and overlay may fall at any time and injure the public; this should be done as soon as possible after the fagade investigation. Casteel Construction has offered a price per area of removal; this price is given in the Fee Proposal given below. FUJAWA recommends that the City agree to a separate contract with Casteel Construction for this removal. • • Condition Assessment & Preventive Maintenance Program St. Joseph/Wayne Street Parking Garage City of South Bend June 29, 2010 Page 3 Task I -6 Schedule a meeting with the City to discuss the Fagade Investigation Report and permanent repairs to the facade. FEE PROPOSAL For the St. Joseph/Wayne Street Parking Garage, FUJAWA will perform the SCOPE OF SERVICES outlined above for the following fee schedule: PHASE I - Structural Condition Survey/Repair Options Analysis/Report ➢ Lump Sum Professional Services Fee (Tasks I -1, 2,3 & 6) ..................... .....................$21,000.00 ➢ Man at ground level during inspection (Task I -4) ....................... ............................... WPM hour ➢ Allowance to Remove Loose Brick & Cement Overlay (Task 1-5). ....Contact Contractor for Price The proposed professional fee for PHASE I Tasks 1 -1, 2, 3 & 6 is presented as a lump sum amount and will be billed upon completion. The fee for Phase 1 Task 1 -4 is presented as an hourly amount and will be apon completion. The fee for Phase I Task I -S should be arranged with the contractor. EXCLUSIONS TO THE SCOPE OF SERVICES Services excluded from the SCOPE OF SERVICES as outlined above are as follows: • Observation, assessment, reporting and any responsibility regarding the discovery, presence, handling, removal and disposal of, or exposure of persons to, hazardous materials in any form at the project site, including but not limited to, asbestos, asbestos products, lead, polychlorinated biphenyl (PCB) or other toxic substance. • Services for subsequent tasks related to repair drawings and execution of the work. If applicable, FUJAWA may provide a proposal for those services and project deliverables at a later date, based on a selected and authorized repair program and phasing requirements by the City. Condition Assessment & Preventive Maintenance Program June 29, 2010 St. Joseph/Wayne Street Parking Garage Page 4 City of South Bend CLOSURE I thank you for this opportunity to submit the enclosed proposal and we are prepared to initiate work on this assignment upon receipt of a signed copy of this letter. If the City is in agreement with this proposal and the attached "STANDARD TERMS AND CONDITIONS OF AGREEMENT ", as enclosed herein, please indicate acceptance and return one signed original for our records. This will authorize FUJAWA to proceed with the work. Should you have any questions or concerns regarding this submission, please do not hesitate to contact me. Sincerely, Paul Fujawa Engineers, Inc. 4— — Paul Fujawa, P.E, S.E. President C7 • Proposal Accepted by: The City of South Bend Signature Date Name & Title Condition Assessment & Preventive Maintenance Program June 29, 2010 St. Joseph/Wayne Street Parking Garage Page 5 City of South Bend STANDARD TERMS AND CONDITIONS OF AGREEMENT The engagement of Paul Fujawa Engineers, Inc. (FUJAWA) by the City of South Bend is under the following terms and conditions, as applicable, and is an integral part of the Agreement between the City of South Bend and FUJAWA 1. Unless noted or otherwise requested, the fee estimate for the proposed Scope of Services is valid for 60 days from the date of Proposal. 2. Requests for additional services must be authorized in writing before additional work can begin. Any fee adjustment required will be established at that time. 3. All documents, including but not limited to drawings, specifications, reports, field notes, laboratory test data, calculations, and estimates prepared by FUJAWA pursuant to this Agreement, shall be the sole property of FUJAWA. All documents of any nature furnished to Client, if not paid for will be returned upon demand and will not be used by Client for any purpose whatsoever. Under no circumstances shall any documents produced by FUJAWA, pursuant to this Agreement, be used at any location or for any project not expressly provided for in this Agreement without the written permission of both FUJAWA. Reports of FUJAWA issued pursuant to this Agreement are for the exclusive use of Client, the name of FUJAWA, or its insignia or seal shall not be used by or on behalf of Client under any circumstances in advertising to the general public, or in any public material or in any other manner without prior written approval. Client shall indemnify, defend, and hold FUJAWA harmless from and against any claims, liabilities, loss or damage, including reasonable attorney's fees arising out of any use of the report and expense of Client. FUJAWA will provide Client with copies of documents created in the performance of the work for a period not exceeding one year following submission of the report contemplated by this Agreement. 4. Payment is due upon receipt of FUJAWA's invoices. Payment to FUJAWA is the sole responsibility of signatory of this Agreement and is not subject to third party agreements. If payment is not received within thirty (30) days of receipt by Client, Client agrees to pay a finance charge on the principal amount of the past due account to one and one half (1 1/2 %) percent per month. The Client agrees to pay FUJAWA's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees. 5. Invoice payments must be kept current for work to continue. If the Client fails to pay any invoice due to FUJAWA within 45 days of the date of the invoice, FUJAWA may, without waiving. any other claim or right against Client, suspend services under this Agreement until FUJAWA has been paid in full all amounts due FUJAWA and/or any of its Consultants and Subcontractors. 6. FUJAWA agrees to carry the following insurance during the term of this Agreement: General Liability, Professional Liability and Comprehensive Automobile Liability. Certificates of insurance will be furnished upon request. If the Client requires insurance coverage or limits in excess of FUJAWA's normal policies, and if it is available, Client agrees to reimburse FUJAWA for such additional expense. • 7. FUJAWA's liability for any damage on account of any error, omission, or other professional negligence will be limited to a sum not -to- exceed the fee received under this Agreement. FUJAWA, its agents and employees shall not be liable for any lost profits or any claim or demand against Client • f 1� Condition Assessment & Preventive Maintenance Program St. Joseph/Wayne Street Parking Garage City of South Bend June 29, 2010 Page 6 by any other party. In no event shall FUJAWA be liable for special, consequential or exemplary damages. This provision shall supersede any other provision in this Agreement that may be deemed inconsistent with it. The Client may bring no action, regardless of form, arising out of the service under this Agreement, more than one (1) year after the act or omission - giving rise to a cause of action has occurred. The Client shall indemnify, defend, and hold FUJAWA, its officers, employees, and agents harmless from any and all claims, suits, losses, costs, and expenses, including but not limited to, court costs and reasonable attorney's fees arising or alleged to have arisen out of or to have resulted from the performance of FUJAWA's work on or about the subject Project, and caused in whole or in part by any negligent, willful, or wanton act or omission of the Client. In the event that the Client brings any claim, suit, cause of action, of counterclaim against FUJAWA, to the extent that FUJAWA prevails upon such action, the Client shall pay to FUJAWA the costs expended by FUJAWA to defend against such action including reasonable attorney's fees, witness fees, and other related expenses. 9. FUJAWA shall not be responsible for failure to perform or for delays in the performance of work, which arise out of causes beyond the control and without the fault or negligence of FUJAWA. 10. In entering into this Agreement, Client has relied only upon the warranties or representations (a) set forth in this Agreement; or (b) implied in law. No oral warranties, representations or statements shall be considered a part of this Agreement or a basis upon which the Client relied in entering into this Agreement. No statements, representations, warranties or understandings, unless contained herein, exist between Client and FUJAWA. 11. Either party upon seven (7) days prior written notice may terminate this Agreement. In the event of termination, FUJAWA shall be compensated by the Client for (a) all services performed up to and including the termination date; and (b) reimbursable expenses. 12. FUJAWA's repair documents shall not be construed to warrant or guarantee the building and/or any of its components under any circumstances. FUJAWA shall not be responsible for latent or hidden defects that may exist, nor shall it be inferred that all defects will have been either observed or recorded. PAUL FUJAWA ENGINEERS, INC. Tuesday, June 29, 2010 Mr. Carl P. Littrell, P.E. City Engineer The City of South Bend Department of Public Works, Division of Engineering 1316 County -City Building South Bend, Indiana 46601 RE: Proposal for Professional Engineering Services Condition Assessment & Development of Repair & Preventive Maintenance Program St. Joseph/Wayne Street Parking Garage South Bend, Indiana Dear Mr. Littrell: In response to your recent request, Paul Fujawa Engineers, Inc. (FUJAWA) in collaboration with Desman Associates ( DESMAN) is pleased to submit the following proposal to perform a condition assessment and development of repair and preventive maintenance program for the referenced City -owned parking structure. FUJAWA will serve as Prime Consultant to the City with Desman serving as a sub - consultant to FUJAWA. DESMAN will assist FUJAWA in all phases of the project, particularly during the field survey and testing work and development of repair program alternatives, remaining useful life scenarios and estimates of probable construction costs for the respective repair programs. DESMAN adds value to the project by their status as a national specialist in the planning, A/E design and restoration engineering of multi -level parking structures. With over 40 years of experience in the industry, including that of its predecessor firms, DESMAN has been involved in over 1000 parking projects, ranging from studies and new design to restoration, maintenance planning and due diligence of existing structures, featuring all types of structural framing systems. Design and restoration engineering of cast -in- place, post- tensioned concrete parking structures similar to the City of South Bend's St. Joseph/Wayne Street Parking Garage have been a specialty of their firm since their inception. Desman's restoration division has a proven track record of assessing the condition of a garage and providing the most cost - effective means of repair and maintenance. As a firm, DESMAN's total staff of over 100 people includes personnel located in eight offices. Their nearby Chicago office, DESMANs largest with over 40 full time personnel, will provide the necessary expertise and human resources for the successful completion of this assignment with the support of their national organization, if necessary and applicable 17455 Douglas Road / South Bend, IN 46635 / (574) 273 -5014 13 t • Condition Assessment & Preventive Maintenance Program St. Joseph/Wayne Street Parking Garage City of South Bend June 29, 2010 Page 2 The St. Joseph/Wayne Street Parking Garage has approximately 425 parking spaces on -grade plus five and one -half structurally framed levels. The framed levels are constructed of cast -in -place concrete, post - tensioned beam and slab system supported by cast -in -place concrete columns. The garage was constructed in around 1989. Based on the site visit, the structural framing elements of the parking facility appeared to be in good to excellent condition. SCOPE OF SERVICES FUJAWA proposes the following program of services, which are essential to properly evaluate the parking garage for the purpose of developing a prioritized list of cost - effective repair /preventive maintenance program options: PHASE I - Structural Condition Survey /Repair Options Analysis /Report Task I-1 Review available existing documents, i.e., drawings, specifications, concrete test reports, former condition survey reports, etc., in order to acquaint ourselves with the parking garage, prior to conducting an on -site survey of the facility. FUJAWA has the existing structural " drawings of the garage in electronic file format. Prints of these drawings will be used to record deficiencies within the facility during our field condition survey (Task 1 -2). Task I -2 Conduct an on -site observation survey of the garage at an appropriate time when the facility is least occupied; typically during evening and/or weekend hours. The objective is to quantify and gain further information on the configuration and degree of deterioration of the structural materials, as outlined below, which comprise the garage. This will enable us to develop recommendations for a cost - effective approach to the repairs and degree of preventive maintenance appropriate for the facility. DESMAN survey personnel will interview garage operation/maintenance personnel during the site visit, as applicable, to obtain historical information regarding problem areas that may exist. FUJAWA will be responsible for coordinating arrangements with City officials regarding DESMAN's survey schedule and interviews with garage personnel. FUJAWA will meet with DESMAN survey personnel at the site on an as needed basis to review the progress of our survey work. During the on -site survey, DESMAN staff will observe and record the physical condition and photographically document deficiencies of the following: 1. General composition and condition of the structural systems and elements, including: accessible concrete columns, floor slabs, beams, curbs, foundation walls, etc., of the structurally supported and on -grade level of the parking garage. The following structural deficiencies will be observed and recorded: • Cracks and concrete slab settlement (base slabs); structural and/or nonstructural in nature. DESMAN survey personnel will note those cracks that exhibit evidence of moisture leakage. • Surface condition of concrete floors including scaling and spalling, indicating deteriorated concrete or structural deficiencies that may require more immediate action. Floor areas with evidence of ponding water will be noted, since those areas may be improperly sloped and could require additional floor drains, pending further analysis. Condition Assessment & Preventive Maintenance Program June 29, 2010 St. Joseph/Wayne Street Parking Garage Page 3 City of South Bend To aid in our visual observation for the discovery of delaminated concrete, survey personnel will conduct a limited mechanical sounding evaluation (chain drag) on the top surface of the floor slabs, in order to record locations of spalled and/or delaminated concrete. A similar limited sounding evaluation will be performed at selected areas of the floor slab soffits, as well as columns, beams, and foundation walls, etc. 2. Waterproofing materials, such as: waterproofing membranes and joint sealants. Special attention will be focused on moisture leakage through sealed cracks, if applicable. Task I -3 Conduct a concrete testing program during the on -site observation survey (Task I -2) of the parking garage. A testing program will be established in accordance with ASTM C823 recommendations as well as our experience with factors that affect the durability and life cycle of parking garage materials. A number of test methods are available to determine different properties of concrete, whether original construction or materials used for previous repairs. Concrete testing is intended to assist FUJAWA and DESMAN personnel in determining appropriate repairs and disposition of the existing surface treatment in order to most effectively extend the useful life of the parking structure. Methods may include tests such as: • Petrographic Examination (ASTM C856) to determine general properties of the original concrete and concrete materials used for subsequent repairs. • Acid Soluble Chloride Ion Content Analysis (ASTM C -1152) of concrete powder derived from powder samples taken directly from the slabs or concrete cores to determine current chloride levels. This enables us to understand the current as well as base (prior to exposure to the elements) chloride levels in order to qualify both current and future levels of corrosion of underlying reinforcing metals. • Pachometer (R Meter) (ACI 228) field testing to determine depth and location of embedded reinforcing steel and thickness of concrete cover. • Compressive Strength Analysis (ASTM C42 -90) to determine concrete strength. • Half -Cell Potential Field Testing (ASTM C876) to determine the corrosion potential of reinforcing steel within the concrete. These measurements indicate the potential for corrosion, but do not provide data on the rate of corrosion. Linear polarization measurements are needed to establish actual rates of corrosion. • Water Absorption and Repellency (ASTM D- 6489 -99) to determine presence and depth of penetration of clear penetrating concrete sealers to the structural floor slabs as well as effectiveness and time frame for re- application of the clear sealers. This test entails splitting concrete core samples in half and dye checking the surface for depth of penetration of the sealer. We propose the following concrete testing program for the parking garage: TEST NO. Acid Soluble Chloride -Ion Content Analysis (ASTM C1152) from S locations 10 each Base Chloride -Ion Content Analysis from 2 locations 2 each For chloride -ion content analysis, two concrete powder samples will be obtained Y p p tanned for laboratory analysis via drilled holes in the concrete slab; one sample from a depth of 0 to 1" • • Condition Assessment & Preventive Maintenance Program St. Joseph/Wayne Street Parking Garage City of South Bend June 29, 2010 Page 4 and the other from a depth of 1" to 2 ". Concrete powder samples to test "base chloride -ion levels of the parking garage will be removed via drilled holes at a 0 to 1" depth from surfaces of structural components /members that typically are not subjected to chloride contamination. Drilled holes created for removal of test samples will be field patched using quality materials. Locations of drilled holes taken during the on -site survey will be recorded. Task I -4 Review, analyze and evaluate the data recorded during Tasks I -2 and 1 -3. FUJAWA will then prepare a Condition Survey Report for the parking facility that will be submitted to the City for review. FUJAWA's Report will include: • Evaluations and descriptions of existing conditions within the parking garage, as well as a discussion and summary of the recorded field survey data; • Concrete Testing Report; • Photographic documentation of existing conditions within the parking garage; • Descriptions of the types, locations and extent of deterioration and deficiencies of the structural element (as listed under Task I -2) that comprise the parking garage; • Recommended alternative repair programs prioritized in order of severity. If necessary, FUJAWA will suggest ways for conducting repairs in different phases to minimize the impact on existing operations or budgetary constraints. • Preliminary estimates of probable construction costs for the recommended alternative repair programs identified within the report. FUJAWA's deliverable products to the City will include an electronic file version of the Condition Survey Report containing the items listed above. Task I -S Schedule a meeting with the City to discuss the Condition Survey Report. FEE PROPOSAL For the St. Joseph/Wayne Street Parking Garage, FUJAWA will perform the SCOPE OF SERVICES outlined above for the following fee schedule: PHASE I - Structural Condition Survey/Repair Options Analysis/Report ➢ Lump Sum Professional Services Fee (Tasks I4, 2, 4 & 5) ..................... .................:...$10,500:00 ➢ Allowance Fee Amounts for Concrete Testing Program (Task I -3) as described below. - Field labor & equipment costs for concrete coring/drilling &patching . ........................$500.00 - Soluble Chloride -Ion Content Analysis (ASTM C -1152) -12 total @ $50 1west .................. 6$ ........ K O-0. Total Allowance Amount for Concrete Testing Program ..................$1,100.00 Total PHASE I Fee for Tasks I -1 through I- S.» ........................... ............................... .....................$11,600.00 The proposed professional fee for PHASE I Tasks I -1, 2, 4 & S is presented as a lump sum amount and will be billed based on a percentage of completion. The fee listed for PHASE I Task I -3, concrete testing program, is proposed as an allowance amount. If less tests are required, based on FUJAWA and DESMAN's determination during the time of our on -site field survey of the parking garage, then only the Condition Assessment & Preventive Maintenance Program June 29, 2010 St. Joseph/Wayne Street Parking Garage Page 5 City of South Bend 40 tests actually conducted will be billed (at cost). The concrete drilling allowance amount includes labor costs for on -site removal of powder samples; patching of the drilled holes; materials cost for patching of the concrete drilled holes with quality materials; and rental costs of drilling equipment, as applicable. EXCLUSIONS TO THE SCOPE OF SERVICES Services excluded from the SCOPE OF SERVICES as outlined above are as follows: • Observation, assessment, reporting and any responsibility regarding the discovery, presence, handling, removal and disposal of, or exposure of persons to, hazardous materials in any form at the project site, including but not limited to, asbestos, asbestos products, lead, polychlorinated biphenyl (PCB) or other toxic substance. Observation, assessment and reporting of the physical condition and/or operating performance of applicable architectural materials (doors, handrails, stairways, guard rails, spandrel panels, fagade connections, way finding graphics and signage, etc.) and mechanical/electrical /plumbing hardware and equipment (storm water floor drains and piping, dry stand pipes, sump pumps, lighting fixtures and conduit, fire protection hardware, elevators, revenue control equipment, active security systems, etc.). DESMAN assumes that FUJAWA or others will be responsible for performing a condition survey of those items. • Services for subsequent tasks related to repair drawings and execution of the work. If applicable, DESMAN may provide a proposal for those services and project deliverables at a later date, based on a selected and authorized repair program and phasing requirements by the City. CLOSURE On behalf of FUJAWA and DESMAN's team of professionals, we thank you for this opportunity to submit the enclosed proposal and are prepared to initiate work on this assignment upon receipt of a signed copy of this letter. If the City is in agreement with this and the attached Standard Terms and Conditions of Agreement, please indicate acceptance and return one signed original for our records. This will authorize FUJAWA to proceed with the work. Should you have any questions or concerns regarding this submission, please do not hesitate to contact us. Sincerely, Paul Fujawa Engineers, Inc. Paul Fujawa, RE, 'S E.�r President • Proposal Accepted by: The City of South Bend Signature Date Name & Title Condition Assessment & Preventive Maintenance Program June 29, 2010 St. Joseph/Wayne Street Parking Garage Page 6 City of South Bend STANDARD TERMS AND CONDITIONS OF AGREEMENT The engagement of Paul Fujawa Engineers, Inc. (FUJAWA) by the City of South Bend (Client) is under the following terms and conditions, as applicable, and is an integral part of the Agreement between the City of South Bend and FUJAWA. Desman Associates (DESMAN) shall collaborate with FUJAWA as a'sub- consultant. 1. Unless noted or otherwise requested, the fee estimate for the proposed Scope of Services is valid for 60 days from the date of Proposal. 2. If applicable, testing results apply only to the material samples actually tested. Test specimens or samples will be disposed immediately upon completion of the test, unless otherwise agreed. 3. All documents, including but not limited to drawings, specifications, reports, . field notes, laboratory test data, calculations, and estimates prepared by FUJAWA or DESMAN pursuant to this Agreement, shall be the sole property of FUJAWA or DESMAN. All documents of any nature furnished to Client, if not paid for will be returned upon demand and will not be used by Client for any purpose whatsoever. Under no circumstances shall any documents produced by FUJAWA or DESMAN, pursuant to this Agreement, be used at any location or for any project not expressly provided for in this Agreement without the written permission of both FUJAWA and DESMAN. Reports of FUJAWA and DESMAN issued pursuant to this Agreement are for the exclusive use of Client, the name of FUJAWA and DESMAN, or its insignia or seal shall not be used by or on behalf of Client under any circumstances in advertising to the general public, or in any public material or in any other manner without prior written approval. Client shall indemnify, defend, and hold FUJAWA and DESMAN harmless from and against any claims, liabilities, loss or damage, including reasonable attorney's fees arising out of any use of the report and expense of Client. FUJAWA will provide Client with copies of documents created in the performance of the work for a period not exceeding one year following submission of the report contemplated by this Agreement. 4. Payment is due upon receipt of FUJAWA's invoices. Payment to FUJAWA is the sole responsibility of signatory of this Agreement and is not subject to third party agreements. If payment is not received within thirty (30) days of receipt by Client, Client agrees to pay a finance charge on the principal amount of the past due account to one and one half (1 1/2 %) percent per month. The Client agrees to pay FUJAWA's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees. 5. Invoice payments must be kept current for work to continue. If the Client fails to pay any invoice due to FUJAWA within 45 days of the date of the invoice, FUJAWA may, without waiving any other claim or right against Client, suspend services under this Agreement until FUJAWA has been paid in full all amounts due FUJAWA and/or any of its Consultants and Subcontractors. 6. FUJAWA agrees to carry the following insurance during the term of this Agreement: General Liability, Professional Liability and Comprehensive Automobile Liability. Certificates of insurance will be furnished upon request. If the Client requires insurance coverage or limits in excess of FUJAWA's normal policies, and if it is available, Client agrees to reimburse FUJAWA for such additional expense. • • • Condition Assessment & Preventive Maintenance Program St. Joseph/Wayne Street Parking Garage City of South Bend June 29, 2010 Page 7 7. FUJAWA's liability for any damage on account of any error, omission, or other professional negligence will be limited to a sum not -to- exceed the fee received under this Agreement. FUJAWA, its agents and employees shall not be liable for any lost profits or any claim or demand against Client by any other party. In no event shall FUJAWA be liable for special, consequential or exemplary damages. This provision shall supersede any other provision in this Agreement that may be deemed inconsistent with it. The Client may bring no action, regardless of form, arising out of the service under this Agreement, more than one (1) year after the act or omission - giving rise to a cause of action has occurred. 8. The Client shall indemnify, defend, and hold FUJAWA, its officers, employees, and agents harmless from any and all claims, suits, losses, costs, and expenses, including but not limited to, court costs and reasonable attorney's fees arising or alleged to have arisen out of or to have resulted from the performance of FUJAWA's work on or about the subject Project, and caused in whole or in part by any negligent, willful, or wanton act or omission of the Client. In the event that the Client brings any claim, suit, cause of action, of counterclaim against FUJAWA, to the extent that FUJAWA prevails upon such action, the Client shall pay to FUJAWA the costs expended by FUJAWA to defend against such action including reasonable attorney's fees, witness fees, and other related expenses. 9. FUJAWA shall not be responsible for failure to perform or for delays in the performance of work, which arise out of causes beyond the control and without the fault or negligence of FUJAWA. 10. In entering into this Agreement, Client has relied only upon the warranties or representations (a) set forth in this Agreement; or (b) implied in law. No oral warranties, representations or statements shall be considered a part of this Agreement or a basis upon which the Client relied in entering into this Agreement. No statements, representations, warranties or understandings, unless contained herein, exist between Client and FUJAWA. 11. Either party upon seven (7) days prior written notice may terminate this Agreement. In the event of termination, FUJAWA shall be compensated by the Client for (a) all services performed up to and including the termination date; and (b) reimbursable expenses. 12. FUJAWA's repair documents shall not be construed to warrant or guarantee the building and/or any of its components under any circumstances. FUJAWA shall not be responsible for latent or hidden defects that may exist, nor shall it be inferred that all defects will have been either observed or recorded.