HomeMy WebLinkAbout20A - AA - PLAN CHECK SERVICESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 18, 2011
TITLE:
AGREEMENT FOR STRUCTURAL PLAN
CHECK SERVICES AND APPROPRIATION
ADJUSTMENT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on I" Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with Nabih
Youssef Associates, for structural plan check services in an amount not exceed $60,000, subject to
non-substantive changes approved by the City Manager and City Attorney.
2. Approve appropriation adjustments recognizing aggregate total amounts not to exceed $60,000
in the 2010-2011 FY revenue account for structural plan check (account no. 01116002-53600)
and appropriating various amounts not to exceed $60,000 to the Planning and Building Agency
2010-2011 FY budget allocation in the account for contractual services (account no. 01116530-
62300).
DISCUSSION
In December 2010, the Planning and Building Agency received a plan check submittal by Caribou
Industries to construct a 37-story office tower at 1001 North Broadway. This project was previously
approved by the Planning Commission and City Council. Special structural engineering expertise is
now required to conduct the plan check for this project.
Staff sent out a Request for Proposal to three specialized structural engineering firms in 2007. After
reviewing the proposals, Nabih Youssef Associates (NYA) was selected and a contract was
subsequently executed. Given NYA's well regarded expertise, and its familiarity with the project, it is
recommended that NYA be again awarded a contract to assist in the structural engineering review of
this project.
20A-1
Agreement with Nabih Youssef Associates
January 18, 2011
Page 2
FISCAL IMPACT
This amount will be recognized in the revenue account for building plan check (account no.
01116002-53600) and a like amount appropriated to the Planning and Building Agency account for
contractual services (account no. 01116530-62300), not to exceed a total amount of $60,000.
APPROVED AS TO FUNDS AND ACCOUNTS:
Ja . Trevino Francisco Gutierrez
Executive Director Executive Director
Planning and Building Agency Finance & Management Services Agency
FH:rb
rb\reports\Nabih Youssef Assoc-Plan Check Svs 01-18-10
Exhibit: 1. Agreement
20A-2
CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this - day of , 2011 by and
between NABIH YOUSSEF ASSOCIATES, a California corporation (hereinafter "Consultant"),
and the City of Santa Ana, a charter city and municipal corporation organized and "isting under
the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
municipal plan check services.
B. Consultant represents that Consultant is able and willing to provide such services to the
city,
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide structural plan check services on request of the Executive
Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and
incorporated herein by this reference.
Consultant shall deliver to City all work product resulting from the services provided.
Said work product shall be submitted in a hard copy and in a form compatible with City's
computer system, as agreed between the Executive Director and Consultant.
In regard to copyrightable material produced as a deliverable under this Agreement,
including but not limited to books, reports, plans, photographs, drawings and computer
programs, Consultant agrees and shall ensure that all of Consultant's affected officers,
employees, agents, contractors, and volunteer workers agree that (a) other such material may not
be copyrighted without prior review from the City, and (b) the authors of all such material,
whether copyrighted or not, award to the City, and to its officers, agents and employees acting
within the scope of their official duties, as a condition of payment to the Consultant, a royalty-
free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
20A-3
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the cumulative rates and charges identified in Exhibit A. The total sum to be expended under
this Agreement shall not exceed $60,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date fast written above and terminate upon the
completion of the Scope of Services or depletion of the maximum contract amount as stated in
Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this
Agreement may be extended upon a writing executed by the City Manager and the City
Attomey.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
b. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate.
20A-4
c. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section;
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be firrnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City,
d. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to fiunish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
b. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect negligent operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify,. hold harmless the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
20A-5
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightfill
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Planning and Building Agency
Building Safety Division
City of Santa Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5897
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (v1-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Nabih Youssef Associates
Attn: Nabih Youssef
50 California Street, Suite 3150
20A-6
San Francisco, California 94111
telefacsimile (415) 392-9605
A party may change its address by giving notice in writing to the other party. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instillment that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate either
Consultant or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and. void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Consultant consents to the City's use
thereof for such purposes as the City deems appropriate.
20A-7
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement,
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
//
//
//
20A-8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
NABIH YOUSSEF ASSOCIATES
NABIH YOUSSEF
Principal
Tax ID#
20A-9
20A-10
EHIBIT A
SCOPE OF SERVICES
(Attached)
20A-11
20A-12
NABIH YOUSSEF
A S S O C I A T E S
STRUCTURAL ENGINEERS
December 15, 2010
Fred Heidari
Deputy Building Official
City of Santa Ana
Planning and Building Agency
20 Civic Center Drive, M-19
Santa Ana, CA. 92702
RE: One Broadway Plaza - City of Santa Ana Plan Check, (NYA # 07332.01)
Structural Engineering Consulting Services
Dear Mr. Heidad,
NYA is pleased to provide this proposal to assist the City of Santa Ana Building. and Safety Division with a
structural plan check of the proposed project at 1001-1005 North Broadway Street at "One Broadway
Plaza".
The proposed project consists of:
One 37 story Office Tower with basement level - approx 692,150 SF.
In the absence of additional information, our proposal is based on the following assumptions:
1. A complete 100% Construction Document package (not phased permitting) will be presented for
our review. We are assuming that cladding, equipment anchorage, stairs, elevators, etc. will be
deferred approval items not part of this review.
2. The building configurations, structural systems & framing for the subject building will be identical to
the 2008 drawings that NYA reviewed & approved previously.
3. All building elements shall be redesigned as required to meet the CBC 2007 code requirements.
Among others, we list below a few of the important code changes that may impact the subject
building redesign:
a. It should be verified by the design team & the architectural plan reviewer if the code change
triggers any occupancy category changes especially with respect to the use of the two
story atrium spaces at building entry or any other public assembly type uses (the Building
Importance factor, I, could go up).
b. The entire lateral force resisting system will need to redesigned & rechecked due to the
code change. in particular, for the 37-story tower which utilizes a dual structural system -
the R factors have been reduced in the new code. New/ different redundancy checks,
irregularity checks, modeling requirements, P-Delta checks, etc. will need to be performed
as part of the new lateral design.
c. Design needs to be updated for new code load combinations; Design of discontinuous/
irregular elements for overstrength needs to Include resistance factors.
d. All concrete anchorage related Items need to satisfy ACI 318-05 Appendix D requirements.
e. All wind design related items will need to be redone per the new code requirements. Wind
load requirements are more involved & higher per the new code - especially for roof
elements & misc. parapets, canopies etc.
f. Steel SMRF elements & corresponding column bases/ anchorages need to be designed
per AISC 2005 Seismic Provisions.
g. Foundations need to be redesigned corresponding to new code forces & requirements
incorporating new findings on reduced punching shear capacity of unreinforced concrete
deep sections, etc.
Fees:
50 California Street, Suite 3150, Son Francisco. CA • Phone (415)397-5213 • Fox (415)392-9605 • W W W.NYASE.COM
LOS ANGELES IRVINE SAN FRANCISCO
20A-13
NABIH YOUSSEF City of Santa Ana Plan Check-10733.01
A S S O C I A T E S Proposal for Structural Engineering Consulting Services
December 15, 2010
STRUCTURAL ENGINEERS Page 2of a
Our fee for the above-mentioned structural engineering services will be:
TIME & MATERIAL: Not to exceed $50,626.00 (see attached hourly rates) + Customary
Relmbursables
Customary Reimbursable Expenses will have a 15% mark-up incurred in the performance of the work.
I look forward to discussing this important project with you.
Sincerely,
Nabih Youssef, S.E.
Principal
Accepted:
Deputy Building Official
City of Santa Ana
NY/dl
cc: F.Heidari, N. Youssef, S. Navalpakkam, Accounting, File 10733.01
See attached for terms and conditions
50 California Street, Suite 3150, San Francisco. CA • Phone (415)397-5213 -Fox (415)392-9605 • WW W.NYASE.COM
LOS ANGELES IRVINE SAN FRANCISCO
20A-14
NABIH YOUSSEF City of Santa Ana Plan Check-10733.01
ASSOCIATES Proposal for Structural Engineering Consulting Services
December 15.2010
STRUCTURAL. ENGINEERS Page 3 of 4
TERMS AND CONDITIONS
E,fjeedw 91112008
1. FEES FOR PROFESSIONAL SERVICES BY NYA EMPLOYF,ES - HOURLY
Fees for services, including travel time, are based on the time expended on the project by professional, technical, and clerical personnel.
The fee is computed by utilizing NYA's current fee schedule.
2. REIMBURSABLE EXPENSES
Expenses other than salary costs that are directly attributable to our professional services are invoiced at our cost plus 150%. These expenses
include such items as out-of-town travel expenses, long distance telephone charges, useof personal and recital cars, special fees and permits,
premiums for additional or special insurance where required, computer expenses resulting from the use of outside vendors, etc.
3. RETAINERS
Any retainer paid will be applied toward the last invoice for the project.
4. SERVICES BY OTHERS
When considered necessary, other technical firms-or outside consultants may be used with your approval and the cost of such services, plus
ten percent (10%), will be included in our invoice. Unless specifically agreed to in writing, NYA has retained no consultants for this
project.
5. ACCESS TO SITE
Unless otherwise stated, NYA will have access to the site for activities necessary for the performance of the services.
6. RISK ALLOCATIONS
In recognition of the relative risks, rewards and benefits of the project to both the client and NYA, the risks have been allocated so that the
client agrees that, to the fullest extent permitted by law, NYA's total liability to the client, for any and all injuries, claims, losses, expenses,
attorney's fees and expert fees, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed
$50,000. Such causes include, but are not limited to, NYA's negligence, errors, omissions, strict liability, breach of contractor breach of
warranty. Higher limits may be available at additional cost prior to commencement of services.
7, HOUSING INT)ENINIFICATION & R'AIVER
Client acknowledges the risks to Consultant inherent in housing projects, the disparity between Consultant's fee and Consultant's potential
liability for problems or alleged problems with such condominium projects, and the higher risk that there will be litigation brought by the
housing owners or an association of said owmrs ("Owner Actions!). Accordingly, Client agrees, to the fullest extent permitted bylaw, to
indemnify the Consultant, its officers, directors, employees (collectively, "Consultant) against all damages, liabilities or costs, including
reasonable attorneys' fees and court costs ("Claims'), as a result of Owner Actions, except for those Claims arising from allegations of, or
Consultant's sole negligence, and/or willful misconduct in the provision of Consultant's professional services.
8. PAWsIENTS TO ENGINEER
Invoices will be submitted monthly for the prior month's services. Payment is due upon the invoice date and becomes delinquent thirty (30)
days thereafter. In the event of non-payment, NYA may, without waiving any of the claims or rights against you, and without liability
whatsoever to you, tenninate performance of the services. A late charge will be added to delinquent amounts at the rate of one-and-one-
half percent (I-1/2%) for each thirty (30) days delinquency (provided the rate of such late charge shall not exceed the maximum allowable
by the laws of the state in which our office submitting the invoice is located, and if so exceeding, the interest rate shall be die maximum
amount allowable in that state). All attorney's fees and expert fees, NYA's time, and costs shall be recovered by the prevailing party should
litigation be required to collect payment.
9. OTHER PROVISIONS
It is understood that NYA will not provide design and construction review services relating to safety precautions, means, methods,
techniques or sequences of any contractor or subcontractor on the project. Further, it is understood that NYA will not provide any
supervisory services relating to the constriction ofthe project.
Any opinion of construction cost offered by NYA represents the judgment of a design professional and is supplied for your general
guidance, but NYA does not guarantee the accuracy of its opinion as compared to actual contractor bids or actual cost to the owner.
10. TERAMNATION
This agreement may be terminated by either party by seven (7) days' written notice to the other in the event of a substantial failure of
performance by the other party through no fault of the terminating party. If this agreement is terminated, NYA shall be paid for services
performed to the termination notice date, including reimbursable expenses due.
H. OWNERSHIP OFDOCU?INLENTS
The drawings, calculations and specifications are instruments ofseMce and are, and shall remain, the property of NYA, whether the project
for which they are made is executed or not. They are not to be used on other projects or extensions to this project except by agreement in
writing and with appropriate compensation to NYA.
12. VENUE
This agreement shall be interpreted and enforced in accordance with the laws of the State of California. The venue of any action brought to
interpret or enforce any of the terms of this agreement or otherwise adjudicate the rights or liabilities of the parties hereto shall be in Los
Angeles County, California.
50 California Street, Suite 3150, San Francisco, CA • Phone (415)397-5213 -Fox (415)392-9605 • WWW.NYASE.COM
LOS ANGELES IRVINE SAN FRANCISCO
20A-15
NABIH YOUSSEF City of Santa Ana Pion Check-10733.01
A 5 S O C 1 A T E S Proposal for Structural Engineering Consulting Services
J STRUCTURAL ENGINEERS Docember 15, 2010
Page 4 of 4
DIRECT HOURLYRATES
Effective January 1, 2010
ENGINEERS HOURLYRATE
Nabih Youssef as Princioal/President Cnmidtant el)cn
Consultant $225
Project Manager/ Senior Vice President/ Vice-President $225
Senior Structural Analyst $225
Senior Project Engineer $180
Project Engineer $170
Senior Engineer $160
Senior Designer $140
Engineer/ Designer W),
CADD DESIGiiNERS
Senior CADD Manager / Senior B11vI Coordinator $150
Senior CADD Coordinator / BIM Coordinator $135
CADD Coordinator $125
LVF0RA1ATION TECHNOLOGY
Director of Technology $150
A,DAIliVISTRATION
Sr. Accountant/ Project Accountant/ Accountant $100
Human Resources - $100
Administrative Support $50
'Ibis information is CONFIDENTIAL PROPRIETARY INFORMATION of NYA.
Please treat it as such.
"* Subject to periodic update at Management's discretion.
50 California Street, Suite 3150, San Francisco. CA • Phone (415)397-5213 • Fax (415)392-9605 • WWW.NYASE.COM
LOS ANGELES IRVINE SAN FRANCISCO
20A-16