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CITY COUNCIL MEETING DATE:
JUNE 2, 2015
TITLE:
AGREEMENT FOR STRUCTURAL PLAN
CHECK SERVICES WITH NABIH YOUSSEF
ASSOCIATES FOR THE ONE BROADWAY
PLAZA OFFICE TOWER (STRATEGIC PLAN
NO. '3",, 5)
CITY MANAGE
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' Reading
❑ Ordinance on 2 n Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
X14 ;80INIVAI iq 7
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 to exceed $75,000
for a three -year term expiring on June 30, 2018, subject to non - substantive changes approved by
the City Manager and City Attorney.
DISCUSSION
In May 2015, the Planning and Building Agency received a plan check submittal by Caribou
Industries to construct One Broadway Plaza, a 37 -story office tower at 1001 North Broadway.
This project was originally approved by the City Council in 2004 and by citywide referendum in
April 2005. Due to the size and complexity involved with high rise construction, and the lack of
expertise by staff, it was always intended to have the plan check for the project conducted by a
specialized structural engineering firm.
Staff released a Request for Proposal to three specialized structural engineering firms in 2007.
After reviewing the proposals, Nabih Youssef Associates (NYA) was selected to be the City's
specialized plan check consultant, with a contract subsequently executed. In 2008 and again in
2011, NYA performed structural plan check services for the project, but due to a variety of
circumstances, building permits were never secured. Recently, the applicant submitted revised
plans in an effort to obtain a foundation permit for the building. However, since the City has
previously approved agreements with NYA that exceed $85,000, City Council approval is
required.
Nabih Youssef Associates is an internationally recognized structural engineering firm that
provides specialized structural and earthquake engineering consulting services for new and
existing buildings. NYA's practice is geared towards high - profile, architecturally intensive
projects, including high -rise, commercial, institutional and public facilities. NYA projects include
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Agreement with NYA
June 2, 2015
Page 2
the L.A. Live! Tower, Dodger Stadium, Los Angeles Police Department Headquarters, UCLA
Pauley Pavilion and Cathedral of Our Lady of the Angels. Since NYA has completed the
structural plan check for One Broadway Plaza on two other occasions, their familiarity with the
project will result in a more efficient and cost effective plan check. Therefore, it is recommended
that the City enter into an agreement with NYA to complete the structural plan check of the
project.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development,
Objective No. 5 (leverage private investment that results in tax base expansion and job creation
citywide).
FISCAL IMPACT
There is no fiscal impact associated with this action. Plan check fees paid by the applicant will
fully fund the consultants cost to perform the plan check and will be deposited by the applicant
into the Plan Check Account (account no. 09801001 - 24045) prior to the commencement of work.
APPROVED AS TO FUNDS AND ACCOUNTS:
Vince Fregoso AICP Francisco Gutierrez
Interim Executi - Drector Executive Director
Planning & Building Agency Finance & Management Services Agency�r
VF;kg
WmportMabih Youssef RFCA.060215
Exhibit: 1. Agreement
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EXHIBIT 1
CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this 2nd day of June, 2015 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 existing 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, for One Broadway Plaza 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.
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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 $75,000.00 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.
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This Agreement shall commence on the date first written above for a three (3) year term,
terminating on June 30, 2018, unless terminated earlier in accordance with provisions below.
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. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from any act or
occurrence arising out of Consultant's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate.
Such insurance shall be endorsed as follows: (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to
insurance or self - insurance programs maintained by the City; and (c) contain standard separation of
insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired
and non -owned automobiles.
c. 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.
d. Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant to
this section:
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(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 furnished 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.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish 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 effect 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.
6. 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 terns of, or effects arising from this Agreement. Consultant's obligation to
indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or
volunteers. City may make all reasonable decisions with respect to its representation in any legal
proceeding.
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 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 rightful
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.
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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 facsimile 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
FAX (714) 647 -6956
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
FAX (714) 647 -5897
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
FAX (714) 647 -6515
To Consultant: Nabih Youssef and Associates
Attn: Nabih Youssef
550 South Hope Street, Suite 1700
Los Angeles, California 90071
FAX (213) 688 -3099
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.
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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 terns 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 terns or conditions
of any purchase order or other instrument 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.
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,
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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 team of this Agreement, maintain all necessary licenses, permits,
approvals, waives, 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 herembelow 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST: CITY OF SANTA ANA
MARIA D. RUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
i
BY:
Lisa Storck
Assistant City Attorney
DAVID CAVAZOS
City Manager
"CONSULTANT"
NABIII YOUSSEF ASSOCIATES
NABIH YOUSSEF
Principal
Tax ID#
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NABIH YOUSSEF EXHIBIT A
( ASSOCIATES
STRUCTURAL ENGINEERS
May 27, 2015 REV1
Gerald Caraig, PE, CBO, CASp
Building Safety Manager / 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 # 07332.03)
Structural Engineering Consulting Services
Dear Mr. Caraig,
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 of the Superstructure. We are assuming that cladding, equipment anchorage, stairs,
elevators, etc. will be deferred approval items not part of this review.
2. A complete 100% Construction Document package (not phased permitting) will be presented for
our review of revisions to the April 2012 Foundations permit including the following information:
a. Justifying the adequacy of the foundations already permitted under CBC 2007 & CBC 2010
for updated demands from the Superstructure redesigned to CBC 2013;
b. Any updated/ revised foundation elements. All new/ revised foundation elements will need
to satisfy CBC 2013
3. The building configurations, structural systems & framing for the subject building will be identical to
the December 2011 & April 2012 drawings that NYA reviewed & approved previously, except for
changes to the floor diaphragms due to the addition of a new egress stair through the height of the
tower. At this point, it is our understanding that some changes to the shear walls are anticipated
due to the addition of the new stair.
4. All building superstructure elements shall be redesigned as required to meet the CBC 2013 code
requirements. Among others, we list below a few of the important code changes that may impact
the subject building redesign:
a. Building design & analysis needs to be updated to meet ASCE 7 -10 & CBC 2013
requirements
b. All concrete elements need to be redesigned to satisfy ACI 318 -11.
c. All concrete anchorage related items need to satisfy ACI 318 -11 Appendix D requirements.
Anchor reinforcements where used to contain & prevent concrete breakout failures need to
satisfy ACI 318 -11 Appendix D requirements.
d. Foundations need to be redesigned corresponding to new code forces & requirements.
SLS th Hop( Y,e, I 1 I � 1 700 - Los A yeies � aIitomi i 9)071 - rP 213- 362-0 10/ = Ax 2'1',$88 ?055 - vVW\A/ NY/1, S, C OIA
LOS ANGELES IRVINE SAN FRANCISCO
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1� /�r� NAESIH YQUSSEF
� ASSOC I RT E S
,,// i�
STRUCTURAL ENGINEERS
Scope of Services:
City of Santa Ana Plan Check- 07332.03
Proposal for Structural Engineering Consulting Services
May 27, 2015 REV1
Page 2 of 3
Part 1: Review updates to the existing foundation permit for 2013 code level forces from Superstructure.
Fee: Time and Material — Not to Exceed $11,300.00 (per attached hourly rates)
Part 2: Review Superstructure package for permit under CBC 2013.
Fee: Time and Material — Not to Exceed $13,700.00 (per attached hourly rates)
Part 3: Additional structural plan review, including revisions and changes to the Foundation &
Superstructure permit during construction
Fee: Time and Material — Not to Exceed $50,000.00 (per attached hourly rates)
Note: The Foundation permit review requires us to review many elements of the superstructure design
such as shear walls, and analysis model details. These features will be reviewed in both Part 1 and Part 2.
Fees:
Our total fee for the above - mentioned structural engineering services will be:
TIME & MATERIAL: Not to exceed $ 75,000.00 (see attached hourly rates) plus Customary Reimbursables
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,
��C✓�6rGv��a�
Nabih Youssef, S.E.
Principal
Accepted:
Building Safety Manager/ Building Official
City of Santa Ana
,LO Sruih Hopr. S rE rC Suiic 1700 , Los A� gde. (alifo )M 9007:. 1 Fr 213 -362-010'/ • FAX Z i -688-309'y , VWN. NYASFCCM
LOS ANGELES 1RVINL a SAN FRANCISCO
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NABIH YOUSSEF
I ASSOC IATES
0/�011i'' V STRUCTURAL ENGINEERS
ENGINEERS
Principal/ Consultant
City of Santa Ana Plan Check— 07332.03
Proposal for Structural Engineering Consulting Services
May 27,201S REVI
Page 3 of 3
DIRECT HOURLY RATES
Effective January 5, 2015
Consultant/ Senior Vice President
Vice - President
HOURLYRATE
$275
$250
$240
Project Manager / Senior Structural Analyst/ Senior Project Engineer $225
Project Engineer
$200
Senior Engineer
$180
Senior Designer
$160
Engineer /Designer
$150
CADD DESIGNERS
Senior BIM / CADD Coordinator $165
BIM / CADD Coordinator $150
INFORMATION TECHNOLOGY
Director of Technology
$150
ADMINISTRATION
Project Accounting
$100
Management/ Payroll
$100
Business Operations / Marketing
$100
* This information is CONFIDENTIAL PROPRIETARY INFORMATION of NYA. Please treat it as such.
** Subject to periodic update at Management's discretion.
S50 4�uth Hope teat, Suite 7 700 • Los Anyrle, ( rhmin,a 90071 1 F1 211- 362 -070/ 1 4X - WW W.NYASI,( OM
LOS ANGELES IRVINE SAN FRANCISCO
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