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HomeMy WebLinkAboutProfessional Services Agreement - American Structurepoint, Inc - Morris Theater Emergency Plaster Work1316 COUNTY-C]"ry BuiLDING 227 W. JEFFERSON Bow.,iwARD ND. INDIANA46601-1930 CITY OFSOUTHBEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS October 9, 2018 Charles Gasser American Structurepoint, Inc. 7260 Shadeland Station Indianapolis, IN 46256 RE: Professional Services Agreement Dear Mr. Gasser: PHOW, 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on October 9, 2018, approved the above referenced agreement regarding Morris Theater emergency plaster work report in the amount of $8,900. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. Gii.,oi' SLIZANNA M. Nr1'z131-',1W Et., ZABE'n-i A, MARADIK J AM Es' A. M t I E LLER T1 IERESE J. DORAU INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Board of Public Works Linda M. Martin, Clerk FROM: Alicia Czarnecki SUBJECT: Project No. 118-094 Morris Emergency Plaster Work DATE: October 1, 2018 Emergency work was completed at the Morris Performing Arts Center in order to secure the ceiling and gain occupancy approval after plaster fell from the rim of the main dome. Brief Description: On Tuesday, August 28, 2018, a three foot piece of decorative plaster was found broken into many pieces on the Mezzanine Level of the Morris Performing Arts Center after falling from the rim of the main dome in the ceiling. No one was injured by the falling pieces as the theatre was empty. The Morris Performing Arts Center, which is 97 years old, has not had a failure like this in the past to the knowledge of the staff and has not had a failure since the one on August 28t". The Morris staff called the City Engineering department who came to the Morris along with outside engineers to review the damage and visually inspect the failed area. Upon further and additional inspections, both visual, drone and tactile, additional areas of concern were noted and the Morris staff was advised to not occupy the same until the area was either remediated or protected by a suspended net. In accordance with IC 5-22-10-4, an emergency purchase and work were completed. The major work items include the following: American Structurepoint, Inc., conducted an initial site visit, a site visit to meet with the contractor and discuss the design and installation, and a site visit to inspect the final installed condition. They will prepare a written report with photos summarizing the findings, conclusions and recommendations of initial inspection for insurance purposes. Belfor USA Group, Inc., installation of hanging nets around plaster cornices to guard against additional falling plaster, provide wenches to lift and hold Owner supplied nets in place, cover and protect seating below. IATSE Local #187, seat removal and restore. Service One, Inc., lift rental and delivery. 1504 StarGrass Circle wAMERiCAAN p p Aurora, Illinois 60506 L\� TRUCTUREP PINT TEL (630) 297-6191 III���I INC. wwvr, structrra°epoint.com PROPOSAL sent via email to aczarnec@southbendin.gov DATE: September 19, 2018 ATTN: Ms. Alicia Czarnecki Project Engineer city of South Bend Department of Public Works p"EDM: Charles E. Gasser SE, PE. RE: Morris Center For Performing Arts Plaster failure Investigation & Debris Protection System Design 211 N. Michigan Street South. Bend, Indiana 46601 ASI Project No. 2018.02033 Per your request, American Structurepoint, Inc. is pleased to provide this proposal for consulting engineering services for the project noted above. PROJEc'f DESCRIPTION AND SCOPE OF WORK American Structurepoint Inc. understands that a piece of decorative plaster cornice surrounding the base of the 60ft x 90ft dome in the ceiling of the subject theater detached and fell onto the balcony seating area bellow. Per the City of South. Bend's request. Mr. Charles Gasser of American Structurepoint performed an inspection of the remaining cornice surrounding the base of the dome. During that inspection a crack extending through the top of the cornice was observed opposite the location of the failure and at a separate location another portion of the cornice fractured when minimal pressure was applied. Based on that inspection options to close the theater, erect scaffold and begin repairs immediately, or erect a debris protection system using a yet to be determined configuration of debris protection netting, allowing the theater to remain open and repairs to be scheduled at a later date were discussed. It is our understanding the City of South Bend has elected to install a debris protection system. The system is anticipated to include a series of nets interconnected with air craft cable, and carabiner• hooks that will be suspended from the ceiling structure above the dome. American Structurepoint Inc. will provide the structural engineering services to design the debris protection system and provide sketches and installation guidelines as required for the client and the installing contractor's use. Work will include design and detailing of the safety system, installation procedure, and Page 0 of 4 Ver. 1/2017 installation details in conjunction with the material supplier, and the Client's contractor, This proposal includes the initial site visit, a site visit to meet with the contractor and discuss the design and installation, and a site visit to inspect the final installed condition. American StructLirepoint will also provide a written report with photos summarizing the findings, conclusions and recommendations of our initial inspection. F E, >: We propose to perform the work described herein for a fee of Eight Thousand Nine Hundred Dollars ($890OAQ), in accordance with our standard Terms and Conditions. TERMS AND CONDITIONS This proposal is valid for 60 days and is predicated on the attached Terms and Conditions that will form the basis of our Agreement upon your authorization to proceed. If this proposal is acceptable, please sign and date below and return a copy to us at your earliest convenience. This shall serve as our notice to proceed. We appreciate this opportunity to be of service to you. If you have any questions, please do not hesitate to call. Offered by: American Structurepoint, Inc. 09/19/18 (Signature) (Date) Charles E. Gasser, SE, PE Accepted by Client: APF,UOV9D I I. (Signature) WOr Date) ..... ....... ..... . . Print Page 2 of 4 Ver. 1/2017 STANDARD TERMS AND CONDITIONS: In this agreement, the party who is contracting to receive services shall be referred to as the "Client", and the party who will be providing the services shall be referred to as "American Structurepoint, Inc.". The parties agree to the following: INDEMNIFICATION: The Client agrees to indemnify and hold American Structurepoint, Inc, harmless from and against any and all claims, losses, damages, expenses, fees (including attorney fees), costs, and judgments that result from the performance of the services, provided that any such claims, damage, Ioss or expense is caused in whole or in part by the negligent act or omission and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except American Structurepoint, Inc.) or anyone for whose acts any of them may be Iiable. RISK ALLOCATION: In recognition of the relative risks, rewards and benefits of the project to both the Client and American Structurepoint, Inc., the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, American Structurepoint, Inc.'s total liability to the Client, for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed the amount of the fee collected. Such causes include, but are not limited to, American Structurepoint, Inc.'s negligence, errors, omissions, strict liability or breach of Agreement. INTENDED BENEFICIARIES: American Structurepoint, Inc.'s services are intended for the sole benefit of the Client and are not intended to create any rights or benefits for any other parties. BILLING / PAYMENT: Invoices for American Structurepoint, Inc.'s services shall be submitted, at American Structurepoint, Inc.'s option, either upon completion of such services or on a periodic basis. Invoices shall be due upon receipt and will be considered "past due" if not paid within thirty days and American Structurepoint, Inc. may, without waiving any claim or right against the Client, terminate services. Invoices that remain unpaid 30 days after the invoice date will be subject to a service charge of 1.5% per month on the then unpaid balance (18% annual percentage rate). In the event any portion of the account remains unpaid sixty days after billing, the account may be sent to collection and the Client shall pay the cost of collection, including reasonable attorney's fees. American Structurepoint, Inc. shall be entitled to reimbursable expenses including, but are not limited to; mileage, delivery charges, reproduction services, long distance phone charges, etc., and will be billed separately. ADDITIONAL SERVICES: Additional engineering services will be billed at the rates indicated below: Principal Investigator................................................................. $225.00/hr Senior Consultant.......................................................................$205.00/hr Senior Project Manager.............................................................$185.00/hr Project Manager.........................................................................$165.00/hr Project Engineer......................................................................... $145.00/hr Trial or Deposition Preparation & Testimony ........... 2.0 times hourly rate Mileage will be invoiced at the federal mileage rate at the time of the work incurred. REPRESENTATIONS AND WARRANTIES: No representations or warranties will be made concerning an existing property's present conformance with the applicable building code, or other codes and ordinances, unless otherwise indicated in this Agreement. American Structurepoint, Inc.'s work shall be performed in accordance with the local standard of care. SPECIFICATION OF MATERIALS: The Client understands and agrees that products or building materials that are permissible under current building codes and ordinances may, at some future date, be banned or limited in use because of presently unknown hazardous and/or defective characteristics. The Client agrees that if any product or material specified for this project by American Structurepoint, Inc. be suspected or discovered to be defective or a safety hazard, the Client shall waive all claims as a result thereof against American Structurepoint, Inc. VERIFICATION OF EXISTING CONDITIONS: Inasmuch as the remodeling and/or rehabilitation of an existing structure requires that certain assumptions be made regarding existing conditions, and because Page 3 of 4 Ver. 1/2017 some of these assumptions may not be verifiable without expending large or additional sums of money, or destroying otherwise adequate or serviceable portions of the structure, the Client agrees to bear all costs, losses and expenses, including the cost of American Structurepoint, Inc.'s additional services, arising or allegedly arising from the discovery of concealed or unknown conditions. The Client agrees to indemnify and hold American Structurepoint, Inc. harmless from and against any and all claims, losses, damages, expenses, fees (including attorney fees), costs, and judgments that result from the performance of the services, provided that any such claims, damage, loss or expense is caused in whole or in part by the negligent act or omission and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except American Structurepoint, Inc.) or anyone for whose acts any of them may be liable. SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited, DISPUTE RESOLUTION: All claims, counterclaims, disputes, and other matters in question between the parties hereto, arising out of or relating to this Agreement or the breach thereof, will be presented to non- binding mediation. APPLICABLE LAW: Unless otherwise specified, the laws of the State of Indiana shall govern this Agreement. Page 4 of 4 Ver. 1/2017 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/01 /2018 Name Alicia Czarnecki/Kara Boyles Department Engineering BPW Date 10/09/2018 Phone Extension 5903 Required Prior to Submitfial to Board Legal ® Attorney Name Clara McDaniels Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ® Michael Schmidt Agreement "Contract L_J Proposal U Addendum Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control f l Other: Company or Vendor Name American Structurepoint, Inc. New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Morris Theater Emergency Plaster Work Project Number 118-094 Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of 0 ...... _........ ....... Liability Insurance 226-0419-672.43-02 $8,900.00 Emergency work necessary to secure ceiling of Morris Performing Arts Center and gain occupancy approval after plaster fell from rim of main dome. ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Increase $ Decrease $ Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Original ❑ ❑ Jeff Jarnecke Kara Bovles % Dispersal After Approval