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1 <br /> <br /> <br /> CONCRETE REPLACEMENT AGREEMENT <br /> This Concrete Replacement Agreement (the “Agreement”) is made this 10th day of June <br />2025, between the City of South Bend, Indiana, acting through its Board of Public Works (the <br />“City”) and Ziolkowski Construction, Inc. (“Contractor”). The City and Contractor are <br />sometimes referred to herein individually as a “Party” and collectively, as the “Parties.” <br />RECITALS <br /> A. On or about December 17, 2020, the City contracted with Contractor (the <br />"Contract") to perform renovation work at Seitz Park (the "Project"). <br /> B. The City, by its consultant, American StructurePoint, by written report dated <br />October 29, 2024, identified cracks in certain areas within the boundaries of the Project where <br />concrete was poured, which the City alleges are the result of Contractor’s workmanship <br />(“Alleged Defects”). Contractor does not agree that the cracks are the result of Contractor’s <br />workmanship. <br /> <br />C. The Parties hereto have each reviewed the American StructurePoint October 29, <br />2024 report and the Alleged Defects and hired structural engineering experts to review the cause <br />of the Alleged Defects. <br />Therefore, in exchange for the mutual consideration described below, the Parties agree as <br />follows: <br />TERMS <br />1. Contractor, at its sole cost and expense, shall repair the Alleged Defects in those <br />areas identified in the StructurePoint October 29, 2024 report in a manner that conforms to the <br />concrete specifications as defined in the December 17, 2020 contract. Contractor shall coordinate