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HomeMy WebLinkAboutGarage Repair Review with Carl Walker, Inc.January 23, 2009 Mr. Bob Risk City of Bozeman, Building Division 20 E. Olive Street Bozeman, MT 59771 Re: Bozeman Garage Repair Review Carl Walker, Inc. Proposal No. N3-09-011 Dear Mr. Risk, In accordance with your request, Carl Walker, Inc. has prepared this proposal to review and comment on the proposed repairs for the cracking in the supported slab at the City of Bozeman Parking Structure. We understand that the cracks of concern are located in the post-tensioned floor slab near Grid 8 at the Ground Floor of the structure. This proposal provides for: 1. A review of the original construction documentation and condition report(s) to establish an understanding of the causes of the cracking in question. 2. A review of the proposed repair documentation. 3. A letter report expressing our opinion of the suitability of the proposed repairs. Carl Walker, Inc. proposes to provide the scope of services for the investigation and letter report, as outlined above, on an hourly labor fee plus reimbursable expense basis using the rates shown in the enclosed Terms and Conditions. We recommend that you budget $4,000.00 for our services. Reimbursable expenses will include travel (if necessary, electronic telecommunications, postage, supplies, reproduction, etc. We currently do not anticipate a visit to the site; however, such a visit can be accommodated at your request. We have based this proposal on the attached Carl Walker, Inc. Standard Terms and Conditions. If the terms in this letter are acceptable, please sign in the space provided and return a copy as our authorization to proceed. We we-come the opportunity to work with you and the City of Bozeman. If you have any questions or concerns, please contact me at your convenience. Very truly yours, CARL WALKER, INC. frl,f ~~.~-t-( Rob McConnell, P.E. Vice President Encl. ~;g~~ „~" wwHr.carlwalker.car-n Mr. Bob Risk January 23, 2009 Page 2 Cc: Sonya Newman AUTHORIZATION I hereby authorize Carl Walker, Inc. to provide the consulting services outlined above, according to the conditions and fee arrangements herein stipulated. Printed Name and Title u"~( D~ ~o ~M A--J Organization 1- Z to - Oq Date ~~ Signature M:\Proposals\2009 Proposals\NPS Proposals\N3-09-011 Bozeman Peer Review\N3-09-0I1 Bozeman Peer Review Proposa109-01-23.doc TERMS AND CONDITIONS Effective 3/1/08 Performance: Car/ Wa/ker, /nc. and its employees will strive to ex~rclse the degree of skill and care expected by customarily accepted good engineering practices and procedures. No other warranties, expressed or implied, are made with respect to Car/ Wa/ker'sperformance, unless agreed to in writing. Car/Wa/keris not a guarantorof the project to which its services are directed, and its responsibility is limited to work performed for the Client. Car! Wa/keris not responsible for acts or omissions of the Client, nor third parties not under its direct control. Access To Site: Unless otherwise stated, Car/ Wa/kerwill have access to the project site for activities necessary for the performance of the services. Car/ Wa/kerwill take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage. Fees: Fees are accrued on an hourly basis, unless other arrangements are established. No increase in rate for overtime. No charges for travel time of professional staff outside of normal workday unless time is productive. Technicians may charge up to 2 hours on weekdays for travel outside of normal workday, or up to 4 hours per day for travel on weekends. The total fee, if stated, shall be understood to be an estimate, and shall not be exceeded by more than ten percent without written approval of the Client Where the fee arrangement is to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. Hourly billing rates effective March 1, 2008 through February 28, 2009 for various personnel ptegories are: Senior Vice President 239.OOMr Project Managerl Sr. Engineer 126.00 -152.OOMr Sr Design Tech 85.00 - 99.00/Hr Vice Pres/Mng Principal 180.00 - 207.OOMr Project Manager 111.00 -144.00/Hr Design Tech 77.00 - 86.00/Hr Principal 156.00 -180.OOIHr Senior Parking Specialist 96.00 -147.OOMr Restoration Spc 79.00 - 93.OOIHr Restoration Mngr/Chief Engineer 161.00 -162.OOMr Parking SpeclStudies Specialist 96.00 -123.001Hr Restoration Tech 63.OOMr Senior Project Manager 134.00 -158.00/Hr Design Engineer 81.00 -118.OOIHr Clerical 48.00 - 89.OOIHr Expenses: Subsistence and out-of-pockef expense incuned for travel, lodging, and meals; reproduction and shipping, etc. Cost + 15% Company or personal cars - .58/mi Company trucks orvans - .58/mi Telephone expenses shall be billed at %:% of -abor fees, Equipment Usage: Approximately equal to 1 % of the replacement cost per day, subject to adjustment for minimum or extended usage. Outside Consulting, Testing, or Subcontracted Services: Cost plus 10% if Consultant has at least $500,000 ProfessionaVGeneral Liability Insurance, otherwise 20%. Consultants' transportation, subsistence, and out-of-pocket expenses plus 15%. BillingslPayments: Invoices for Car/ Wa/ker's services shall be submitted, at Carl Walker's option, either upon completion of such services or on a monthly basis. Invoices shall be due and payable by the last day of the month following the month when the invoice was mailed. ff the invoice is not paid when due, Car/ Wa/kermay, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid by the last day of the month following the month when the invoice was mailed will be subject to a monthly service charge of 1% on the then unpaid balance (12% true annual rate). In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. Storage: Material samples not consumed in ourwork may be discarded 30 days after submission of the test report unless the Client requests other disposition. Charges may be made, after notification, for extended storage of materials, records, or equipment. Safety: Field work will be performed only under safe conditions. Charges may be made for safety or security measures required by hazardous job conditions. Insurance: The primary coverages provided by Car/ Wa/kerare $1,000,000 for general liability, $500,000 for autorrwbile liability, $500,000 for workers' compensation, and $1,000,000 for professional liability. Umbrella coverage of $1,000,000 applies to general and automobile liability only. Coverage is subject to annual renewal. Indemnification: The Client shall indemnify and hold harmless Car/ Wa/kerand all of its personnel from and against any and all claims, damages, losses, and expenses (including reasonable attomey's fees) arising out of or resulting from the performance of the services, to the extent that any such claim, damage, loss, or expense is caused by the negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except Carl Walker), or anyone for whose acts any of them may be liable. Hazardous Materials: Car/ Wa/kershall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. Risk Allocation: In recognition of the relative risks, rewards, and benefits of the project to both the Client and the Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Carl Wa/leer'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 rwt exceed Cad Wa/leer's fee or $50,000, whichever is greater. Such causes include, but are not limited to, Car/ Wa/leer's negligence, errors, omissions, strict liability, or breach of contract or breach of warranty. Termination of Services: This agreement may be terminated by the Client or Car/ Walker should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay Car/ Walkerfor all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. Ownership of Instruments of Service: All reports, drawings, spec cations, CADD files, field data, notes and other documents and instruments prepared by Car/Wa/ker as instruments of service shall remain the property of Cad Walker. The Client understands that changes or modifications to the documents made by anyone other than Car/ Wa/kermay result in adverse consequences which Car! Walkercan neither predict nor control. Therefore, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify Car/ Walkerfrom and against all claims, liabilities, losses, damages, and costs, including, but not limited to, attorney fees arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by the Client or others of the documents provided by Car/ Wa/kerunder the agreement. Applicable Laws: Unless otherwise specified, this agreement shall be governed by the laws of the state in which the Car/ Wa/keroffice is located. Mediation: In an effortto resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Cad Wa/keragree that all disputes between them arising out of or relating to this agreement shall be submitted tonon-binding mediation unless the parties mutually agree otherwise.