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HomeMy WebLinkAboutMEMO 2017-1 DIamond Bar Village HOA PHASE 1 Structural Evaluation PROPOSAL FEB 8 2017.pdf DBV HOA February 8, 2017 Phase 1 Evaluation Page | 1 K KHATRI INTERNATIONAL, INC STRUCTURAL & CIVIL ENGINEERS R.C.E. # 40833, SE #4391, GENERAL CONTRACTOR # 555505 3579 E. Foothill Blvd. #736, Pasadena, CA 91107 http://www.khatrinternational.com - dkhatri@aol.com Tel. (626) 351-4830 February 8, 2017 Diamond Bar Village HOA Attn: Ms. Yvette Marie Allen, CMCA Certified Community Manager Off 909-396-8000 M 951-239-6192 Yvette@slammgmt.com Subject: Memorandum 2017-1 PROPOSAL for Structural Observation/Evaluation Services for the 12 Buildings at Diamond Bar Village (DBV) HOA Dear Ms. Allen: Thank you for the opportunity to submit this proposal for a Phase 1 Engineering Observation for DBV HOA. I’ve been in my profession for 34 years, and am pleased to work with your organization on this scope of work to evaluate your complex with regard to structural distress due to Termite Infestation on 12 Buildings. Background The existing projects comprise 12 buildings. Each building is multi story with its own plan configuration. The purpose of this proposal is to evaluate all twelve (12) buildings to determine the scope of damage due to Termite Infestation and Water Intrusion. After completing this Phase 1 Evaluation, we will be able to determine which structures are distressed, damaged, and design solutions to repair them. DBV HOA February 8, 2017 Phase 1 Evaluation Page | 2 Termite and water damage is recurring problem in Southern California and is linked to water intrusion and dry rot within the lumber. My firm has investigated many similar projects with HOA clients. In fact, I have produced an online educational documentary (Wood Design) that covers this topic because of the queries that I’ve received from clients. This is not yet for public distribution but you may watch at this Vimeo Link: WOOD DESIGN https://vimeo.com/200206086 Password = 1234 The purpose of this Phase 1 Proposal is to perform a visual investigation of the structure to answer these objectives: (1) Do the existing structures have distress due to Termite Infestation and/or Water Intrusion? (2) How can these structures be repaired and what methods/design solutions are appropriate? This proposal is focused on answering these two objectives and requires a physical inspection. We will need the assistance of General Contractor to open up certain areas and provide ladder access to the roof areas. In order to provide economy of scale, and our best price, rather than provide individual pricing for each building, this proposal provide a lump sum quote for all 12 Buildings to be awarded as one purchase order for a Phase 1 Evaluation. DBV HOA February 8, 2017 Phase 1 Evaluation Page | 3 SCOPE OF WORK Phase 1 Structural Evaluation of 12 Buildings ITEM TASK 1. Khatri perform a field inspection of 12 Buildings to determine the as-built condition, and inspect the areas of water damage and termite infestation. Client has not provided structural drawings and Khatri will inspect the buildings for structural damage. 2. Khatri will work with a General Contractor (to be provided by the client) to examine the structural condition of the each building: 2.1 Khatri will prepare a photographic log of each building documenting the structural condition. 2.2 Khatri will examine the Roof Structures for Termite and/or Water Damage 2.3 Khatri will provide recommendations for repair/retrofit for each Building This is a Phase 1 Evaluation and does not include any design plans or construction documents. 3. Khatri will provide a presentation of the results of Tasks (1) and (2) and a written report and Recommendations for Repair. 4. Khatri will be available for onsite meetings, conference calls, and discussion on a Time and Materials Basis (T&M). DBV HOA February 8, 2017 Phase 1 Evaluation Page | 4 Contract Budget Phase 1 Design Evaluation ITEM Billing Description FEE Phase 1: Evaluate 12 Buildings Tasks (1),(2),(3) Fixed Fee $1200/Bldg x 12 Bldgs= 14,400 $ 14,400 Task (4) Time and Materials* T&M* Total Budget (Fixed Fee for Tasks 1,2,3,4) $ 14,400 *T&M Rates Principal $250/hr Sr. Engr $160/hr Drafting $110/hr Processing $90/hr Time Frame to Complete Tasks: 1. Khatri will commence work immediately upon receipt of signed contract, NTP, and retainer payment. The estimated time to complete Tasks (1)-(4) is TWO Weeks. 2. This schedule may be modified by written letter of understanding between the Client and Khatri International, and due to reasons beyond the client or Khatri’s control Payment Plan: 1. Payment #1: Client shall deposit a retainer payment of $7,000 to begin work on Phase 2. Payment #2: Client shall provide the balance $7,400 upon completion of Task (3) for 12 Buildings. 3. Time and Materials to be billed monthly and due within 30 days of presentation of invoices. Contract Provisions: 1. This contract is for Structural/Civil Engineering Investigation Work only, no construction work is part of this proposal. 2. This proposal is limited to the task items described and does not include any items outside of this contract. 3. No plan check fees, bonding, or construction related expenses are included as part of this contract. 4. If any additional services and or change/modifications to Khatri International’s scope of services are proposed by Client, Khatri International shall, upon receipt of such written DBV HOA February 8, 2017 Phase 1 Evaluation Page | 5 change or modification, determine the impact on both time and compensation and notify Client in writing. Upon agreement between Client and Khatri International as to the extent of said impacts to time and compensation, an amendment to this agreement shall be prepared describing such changes. Execution of the amendment by Client and Khatri International shall constitute Khatri International’s notice to proceed with the changed scope. 5. In recognition of the relative risks and benefits of the project to both the Client and Khatri International, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of Khatri International to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of Khatri International shall not exceed $10,000 or Khatri International’s total fee for services rendered on this project, whichever is greater. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contractor warranty. 6. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Khatri International, its officers, directors, employees and subconsultants (collectively, Khatri International) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with this Project, including claims from homeowners or third parties, excepting only those damages, liabilities or costs attributable to the negligent acts, errors or omissions, or willful misconduct by the Khatri International. 7. In the event that legal action is necessary to enforce the payment terms of this agreement, the Consultant shall be entitled to collect from the client any judgment or settlement sums due plus reasonable attorney’s fees, court costs and other expenses incurred by Consultant for such collection action and, in addition, the reasonable value of the Consultant’s time and expenses spent for such collection action, computed according to the Consultant’s prevailing fee schedule and expense policies. 8. Client shall not share or disclose the design methods, means, ideas, and procedures prepared by Khatri International under this agreement. All design methods are proprietary to Khatri International and protected by US Copyright laws. All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media (collectively “documents”), prepared by the Consultant are instruments of service and shall remain the property of the Consultant who shall retain all common law, statutory law and other rights, including copyrights. Documents prepared by Khatri International may not be shared with any parties without the express written consent of Khatri International. 9. Professional services provided by Khatri International Inc. under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Notwithstanding any other provision of the Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed by the Client or Khatri International or their employees. Consequential damages include, but are not limited to, loss of use and DBV HOA February 8, 2017 Phase 1 Evaluation Page | 6 loss of profit. 10. Either the Client or Khatri International may terminate this Agreement at any time with or without cause upon giving the other party 10(ten) calendar days prior written notice. The Client shall within 10(ten) calendar days of termination pay Khatri International for all services rendered and all costs incurred. 11. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. The Client and Khatri International shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 12. It is intended by the parties to this Agreement that Khatri International’s services in connection with the project shall not subject Khatri International’s individual employees, officers or directors to any personal legal exposure for the risks associated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Khatri International, a NEVADA corporation, and not against any of Khatri International’s employees, officers or directors. 13. Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. 14. The laws of the State of NEVADA will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the courts of NEVADA. Thank you for considering Khatri International, and we look forward to working with your firm on this project. Respectfully Yours, Dilip Khatri, PhD, SE Approved and Accepted by: _________________________________ Printed Name/Title: _______________________________________ Date: ___________________ The person signing and executing this contract for Client represents and warrants that he or she is duly authorized and has legal capacity and actual authority to bind the Client to each and every term, condition and obligation of this Contract and that all requirements of the Client have been fulfilled DBV HOA February 8, 2017 Phase 1 Evaluation Page | 7 to provide such actual authority.