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HomeMy WebLinkAbout162366 CARL WALKER INC - CONTRACT - RFP - P1025 PARKING STRUCTURES CONDITIONSPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Carl Walker, Inc., hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows:. 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence as dated on the notice to proceed and shall continue in full force and effect until nine weeks after the date of the notice to proceed, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: B. Old Town Parking Structure The Old Town Parking Structure is two (2) bays in width and consists of parking ramps sloping each direction to the center of the eastern bay with a center speed ramp to access the western bay. The garage has approximately 328 parking stalls. The garage has four (4) levels and is constructed of field topped precast/prestressed double tees bearing on prestressed beams and columns at the interior and precast spandrels at the exterior. The exterior spandrels on the western and northern elevation have thin -set bricks and arched panels. A precast building housing the Poudre Fire Authority is attached on the western side of the parking structure. The bays are one-way traffic and have angled parking stalls. An elevator and stair are located in the northwest corners. An interior steel stairway is located near the southwestern corner The structure appears to be in fair condition with extensive cracks and scaling of the topping slab. The upper level has some deteriorated cove and control joints. The bottom surfaces of the double tees have been recently painted and not too .many control joints appear to be leaking. Carl Walker, Inc. undertook a condition appraisal of this parking structure in October of 1999. C. Civic Center Parking Structure The Civic Center Parking Structure is three (3) bays in width and consists of a single helix with a parking ramp on the eastern bay providing approximately 900 parking stalls. The garage has five (5) levels and is constructed of precast/prestressed pre -topped double tees bearing on prestressed beams and columns at the interior and precast spandrels at the exterior. The ground level consists of 1 bay of retail on the western side. Parking is provided in the center bay and the eastern bay has a loading dock below the ramp. The ramp bay has two- way traffic and 900 parking. The center and western bay are one-way traffic and angled parking stalls. Elevators and stairs are located in the southwest and northwest corners. A pedestrian bridge is connected at the 2nd level on the eastern side that spans the alley to an adjacent office building. Between the western and center bays, a dedicated pedestrian lane is provided on the 2nd through 4`h levels. The structure appears to be in good condition with only some minor waterproofing deterioration, such as damaged cove joints and control joints, particularly on the upper level. A closer spandrel did have some minor cracking. EXHIBIT B PROJECT SCHEDULE Task Duration Notice to proceed 0 weeks Prepare Drawings for Field Review 2 weeks Field Review and Draft Report 2 weeks Receive Test Results 8 weeks Prepare Final Report 1 week 0 weeks 2 weeks 4 weeks 8 weeks 9 weeks EXHIBIT C FEES AND EXPENSES Task Fees Estimated Reimbursable Expenses 1.0 Condition Appraisal Report $13,250 a Office & Travel $250 b. Materials Testing (1) Bond Testing $200 (3) Compressive Strength $200 2 Petrographic Examination $1,350 (2) Chloride Testing $1,200 02(2) TomMaterials Testing $3,8$905 Total $13,250 $4,100 (2) Note 1: Material testing costs are based on the following: ■ Compressive Strength Samples (2) in each structure for a total of (4) ■ Petrographic Examination (1) in each structure for a total of (2) ■ Chloride Ion Testing (5 locations - 16 samples) in each structure for a total of (32) ■ Coring (3 cores) in each structure for a total of (6) Note 2: Compressive strength testing and petrographic examinations may not be necessary on the prestressed/precast double tees due to the factory controlled concrete mix utilized in the manufacture of the double tees. The compressive strength testing and petrographic examinations are not undertaken, the estimated Total Material Testing expenses would be $1,650.00. Note 3: Carl Walker recommends that two (2) bond tests be undertaken on the field topped concrete on the Old Town Parking Structure. DEC.14.2006 10:40AM CARLWALKERINC NO.624 P.2 ACMIR CERTIFICATE OF PLIABILITY INSURANCE c12 13/2 6) PRODUCER C734)662-4041 FAX (734) 662-4065 - Professional Concepts Insurance Agency Inc. 1127 S. Old US Highway 23 Brighton, MI a8114 THIS CERTIFI�C,4T IS ISSUED AS A MATT OF INFORMATION ONLYAND C - NF R8 NO RIGHTS UFO4 THE CERTIFICATE HOLDER. THISCE TIFICA76DOE5NOT AMSND,E)fTENDOR ALTER THE coV G D BY THE POOLICI S BELOW. INSURERa AFFORDING COVERAGE NAIL # IN9uRPo Carl Wal liar, Inc. 5136 Loyers We Suite 200 Kalamazoo, MI 49002 INDURERAI Hartford Fire Insuranca - A Rest INBNAEKIL Hartford Underwriters Ins. Co. - A Best INBDRERgI Hartford Fire Insurance - A Bast INSURPRID: XL Specialty INBURGR B; TFjR POLICES OF INSURANCE LISTED BELOW I1AVO BEEN ISSUED TO THE INSURED NAMED APOVE FOR THE POLICY P9RIOD INDICATBp. NOTWITHSTANDING ANY REgU�REMENi, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH CM THIS CERTIFICATE MAY NE ia6UFr1 �'•F MAY PERTAIN, THE INSURANCE AFFORDED pY T E POD C)98 DESCRIBED ME EIN IS SUBJECT TO ALL THE l � , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY MAV� 9EEN REDUCED BY PAID CLAIMS. I x a TYPE GP INSURANCE POLICY NUMBER FRL4JTA= 12/31/2005 L+cv Ex IRA LIMRs A X GRNERAL LIABILITY X COMMr:ROIALOGNEP�ALLMaILTY CLAWS MADE. EXI OCCUR X X,C,U 35SOWRU0693 12 31/2005 BAcH ooconFiNCE 1 1,000,000 TO MBD nP (Ally am Pam+ i) a 300 00 s 10,0001 PERSMk&APVIN+W►Y N 11000 .00 X Contract, Liab. ORAPALAWFIPGATE f 2.000.0oo GEMLAGGREGATE LIMIT APPLIES PIS: PoLoy M W F1 Loo PROQUOTB.COFIFWPAGO # 2 000 O B AIRGMOBILELIABILITY X ANYAUTO ALL OWN90 AUTOS SCHEPULED AUTOS HIRED AUTOS NDN•DwNE0 Au7OS 35UEGAF3505 12/ 1/2005 12 31/200 COMBINEPSINGLELBAIT (FA0046nn s 1 000 000 BODILY INJURY (parperam) _ BrDI¢Yl UPY (Par Bnq s ROPPEEM DAMAGRIFW R "RAG' UAM'LITT ANY AUTO - AUTO ONLY• BA ACgpENT i AUHTeRYN MAW pGG i 1 A x orcESWUMORELUUAMITY T 000UR CLAIMS MADE aEDUCTIBLE REMTION s 3550WRU 693 12/31/2005 12/ 1/2006 1!AOlj O=FIRENCE s 51000,000 MJG TE 5 5,000,000 : N C WOMMIMGGMPBNBATIONAND EMPLpORYgFP�lry6�'(rUAMUTfYTf1�Rf� F XFy= 1;MdAC+ LMw'r CUTI� qqII ��eer l CIL9rQ0V BIONS h . 35 GPN3645 WAIVER OF SUBROCATION APPLIES 12/31/200 12/31/2006 X El. EACH 06NT $ 1,000,00 0 Et,DIBPANE•FAElMI,o s 1,0 0 00 E.L. pIBFJIBE • P'OLICY UMR s 1, 0DD , 0 PrToFeessional Liability DPR9601192 10/15 2006 10 1 /2007 Limit: $2,000,000 Each Claim $2,000,000 Aggregate IOO��J r0�5] t OR AL%116-01 NS1VER&LBI WMLp0ICNS APM BY ENGORBEMENT I SPBGIAL PRMMN6 ity of Fort Collins is named as Additional Insured as respects to General Liability only and would pply to the above named project so long as required within a written contract. City of Fort Collins Attn: Second Floor 45 North Mason Street P. 0, Box Sao Fort Collins, CO 80522-0580 SNDULP ARY OF THE Asm naacmBFp POUCNRS m: OANORLLIM EEFORB THE P.IWRATION oATd TNBREDP, TNR MIGUINO INSURER WILL EN09AVOR To MAN, 510 DAYS W IRITTNM NCTMB TG THE ceRNFIDIITE MOLDER NAMEr TG TNR LEFT, BUT FAIWPE TO "AIL Burry NOMIR SMALL IMPOSE NO OBLIGATION OR LIABILITY AUTHORIMP AGORA zs (2UU11u6) DACORD CORPORATION 119116 Professional: City: With Copy to: Carl Walker, Inc. City of Fort Collins City of Fort Collins Attn: Donald (Leo) E. Whiteley, P.E. Attn: Tracy Ochsner Attn: Purchasing 2460 West 261" Ave Ste 500C 835 Wood St. PO Box 580 Denver, CO 80211 Fort Collins, CO 80521 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $ 1,000,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in accordance with the Fees and Expense attached hereto as Exhibit "C", consisting of one (1) page, and incorporated herein by this reference, the amount of Thirteen Thousand Two Hundred Fifty Dollars ($13,250) plus reimbursable direct costs. All such fees and costs shall not exceed Seventeen Thousand Three Hundred Fifty Dollars ($17,350). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 9. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 10. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 11. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5- 102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. THE CITY OF FORT COLLINS, COLORADO By: yJ aes B. O'Neill II, CPPO, FNIGP Directo6qj Purchasing & Risk Management DATE: CORPORATE PRESIDENT OR VICE PRESIDENT Date: 11 / Z 4 lo& ATTEST: (Corporate Seal) C ce R EXHIBIT A Scope of Services Summary This Proposal is based on the Request for Proposals #P1025 issued by the City of Fort Collins. Provider will provide the structural and maintenance appraisal of two parking garages (Old Town Parking Structure and Civic Center Parking Structure) owned and operated by the City of Fort Collins, Colorado. We will: 1. Meet with representatives of the City to review project objectives and to gain an understanding of the history of both parking structures subsequent to their original construction, including changes or additions to the facilities and any previous maintenance, repairs, or evaluations. 2. Review condition appraisal reports, construction documents including plans, specifications, and repair drawings, if made available, for the existing structures to become familiar with the type of construction and protection systems initially specified and previous repair programs. 3. Perform a visual observation of the structural systems evaluating type, locations, and magnitude of concrete deterioration observed. In addition, a chain drag delamination survey of selected areas of both structures will be performed. Items that will be assessed for each parking structure will include: a. Floor slab surface condition, exposed reinforcement, and finish variations. b. Cracking of slabs. c. Condition of joints and sealant system. d. Condition of structural members such as columns, beams, spandrels and walls. e. Condition of ceilings, including cracks and concrete spalls. f. Condition of exterior masonry condition including bricks and motor joints. 4. Evaluate any items in need of immediate corrective action for the safety of parking facility patrons. 5. Coordinate concrete tests to determine the actual physical and chemical properties of the in -place concrete. A testing plan will be formulated and the following tests will be considered for each structure: a. Petrographic (microscopic) examination of one (1) core sample to assess the general concrete properties and entrained air parameters. This information is used to gauge the relative durability of the in -place concrete and provide needed information for the correct recommendation for repair. b. Compressive strength of two (2) core samples. c. Chloride analysis of pulverized concrete powder samples taken from selected locations to determine the extent and degree of potential chloride contamination of the concrete topping. (5 locations at 3 incremental depths plus a base sample for a total of 16 samples in each structure.) d. Coordinate a local contractor to obtain and patch core and powder samples for submittal to an independent laboratory. 6. Perform a visual examination of other visible building components including the drainage system, exposed electrical conduit, light fixtures, and facade. This will include all bollards, pay booths, elevators, stairwells, and breeze ways. We will document any safety or public health concern that is not explicitly covered in this scope of work. 7. Compile and review all field and materials test data to assess the probable causes and effects of the documented deterioration on the structure. 8. Evaluate and present general restoration alternatives and priorities for each structure, and include probable costs for the repairs/maintenance. 9. Evaluate the common walls, ceilings, and /or any other structural components shared by the retail tenants and the Civic Center Parking Structure and the components shared by the Poudre Fire Authority and the Old Town Parking Structure. 10. Prepare a draft written report indicating findings, alternatives, recommendations, priorities of recommended repairs and preventative maintenance along with associated construction costs for each structure. This report will include drawings indicating the general location and quantity of the noted deterioration and photos to document the type of deterioration. 11. Provide three (3) color copies of draft report. 12. Meet with Owner representatives to discuss content of the draft report and receive Owner comments. 13. Revise and issue three (3) color copies of the final report.