HomeMy WebLinkAbout12 CONSULTANT SERVICES AGMT FOR STRUCTURAL ENGINEERING ASSESSMENT OF THE STEVENS SQUARE PARKING STRUCTURE PARKING STRUCTURE• A ends Item ~ 2
AGENDA REPORT Reviewed:
Finance Director~d?
MEETING DATE: MARCH 15, 2011
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
REDEVELOPMENT AGENCY CHAIR AND BOARD MEMBERS
VIA: DAVID C. BIGGS, CITY MANAGER AND EXECUTIVE DIRECTOR
FROM: CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER
ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSULTANT SERVICES AGREEMENT FOR A STRUCTURAL
ENGINEERING ASSESSMENT OF THE STEVENS SQUARE
PARKING STRUCTURE
SUMMARY
Approval is requested of a Consultant Services Agreement to conduct a structural
engineering assessment of the Stevens Square Parking Structure.
RECOMMENDATION
It is recommended that:
1. The Redevelopment Agency approve a Consultant Services Agreement with Hess
Engineering, Inc. to conduct a structural engineering assessment of the structural
stability and architectural and deferred maintenance needs of the Stevens Square
Parking Structure, located at 445 South C Street, subject to any non-substantive
modifications as may be determined necessary as recommended by the City
Attorney, and authorize the Assistant City Manager to execute the document on
behalf of the City; and
2. The Redevelopment Agency appropriate $15,950 from un-appropriated funds in the
Town Center Fund (558) to Town Center Account No. 558-35-00-6010 for services
with Hess Engineering; and
3. The City Council and Redevelopment Agency authorize Agency and City staff to
negotiate with Stevens Square, LLC, acost-sharing agreement that outlines the
sharing of any one-time and on-going repairs and maintenance costs in proportion to
the ownership interests in the Parking Structure common area.
Agenda Report
Stevens Square Parking Structure
March 15, 2011
Page 2
FISCAL IMPACT
Adequate balances exist in the Town Center Fund (558). The cost schedule for these
services is proposed at $15,950.
BACKGROUND
The Stevens Square Parking Structure ("Parking Structure") located in Old Town at 445
South C Street just east of the Stevens Square office development was built in 1982
and has recently fallen into disrepair. City and Agency staff have been concerned with
the lack of maintenance of the Parking Structure based on complaints from Old Town
merchants and City inspections. The ownership rights in the Parking Structure are
divided into condominiums, each consisting of title to a "Unit" and an undivided interest
in the common area. The Agency owns 81 parking spaces on the second floor of the
Structure ("Unit 1 ") and an undivided 38.3% interest in the common area.
A Declaration of Covenants, Conditions, Restrictions and Reservations of Easements
for the Parking Structure ("CC&Rs") was recorded constituting a general scheme for the
use, occupancy and enjoyment of the Parking Structure and for the purpose of
enhancing and protecting the value, desirability and attractiveness of the Parking
Structure. Pursuant to the CC&Rs, the Stevens Square Parking Structure
Condominium Association, a nonprofit California corporation ("Association") was
established for the purpose of maintaining and administering the common area,
collecting and disbursing assessment funds, and enforcing the CC&R's, placing the
responsibility for managing the maintenance of the Parking Structure with Stevens
Square, LLC. Unfortunately, based on review of the organizational documents by the
City Attorney's office, the Association is no longer a legally viable entity with the power
or ability to perform its functions in accordance with the CC&Rs.
Since the Parking Structure requires repairs and maintenance that would otherwise
have been provided by the Association and paid for by assessments collected by the
Association, it is important for the Agency to determine a baseline and determine any
necessary structural repairs and maintenance of the structure and the applicable
anticipated costs. Until such time as the Association can be reconstituted, it would be
beneficial to establish in discussions with Stevens Square, LLC, a process for sharing
any costs associated with repairs and maintenance of common areas in proportion to
each parties' ownership interest in the Parking Structure.
In the fall, City and Agency staff issued a Request For Proposals ("RFP") from structural
engineers to assess the structural stability, architectural and cosmetic repairs needed
by the Parking Structure and any costs necessary for such repairs. Three responses
were received from qualified structural engineers. Of the three consultants, Hess
Engineering, Inc. provided the most comprehensive response; had similar experience
Agenda Report
Stevens Square Parking Structure
March 15, 2011
Page 3
with parking structures such as Stevens Square, and; provided the lowest and most
cost effective bid.
The following matrix outlines the costs for the proposals that were reviewed by staff:
Proposal Review
Structural En ineerin Services
Hess Engineering Seneca Structural
Engineering
Critical Structures
Structural Assessment $13,450 $15,000 $17,530
Additional testing, if needed $2,500 Estimate Not Provided $6,000
TOTAL $15, 950 $15, 000 $23,530
While a structural engineer's analysis is being conducted, City and Agency staff request
authorization from the City Council and Agency to initiate negotiations with Stevens
Square, LLC, regarding acost-sharing approach associated with the initial repairs
identified in the Hess analysis as well as the continued maintenance costs required of
the Parking Structure. Any agreement, including one-time and on-going costs identified
by the structural engineer's assessment, will be brought back to the City Council and/or
Agency for approval and may likely also be impacted by current State Redevelopment
legislative proposals. In addition, and pursuant to the Covenants, Conditions,
Restrictions and Reservations of Easements (CC&R's), the City Attorney's office will
work with Stevens Square, LLC, to take all actions necessary to revive and reconstitute
the Stevens Square Parking Structure Condominium Association or to create a new
entity in lieu of the Association.
Staff is available to answer any questions the Council and Agency may have.
Approved for Forwarding By:
~~~,~
Christine A. Shingleton
Assistant City Manager
Dav d C. Biggs
Cit Manager and Executive Director
Elizabeth Binsack ~1
Community Development Director
Attachment: Consultant Services Agreement
CONSULTANT SERVICES AGREEMENT
This Agreement for Consultant Services (herein "Agreement"), is made and entered into
by and between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a public body,
corporate and politic, ("Agency"), and Hess Engineering, Inc., a California corporation
(Consultant").
WHEREAS, Agency requires the services of an expert consultant to provide structural
engineering expertise and an assessment of the Stevens Square Parking Structure located at
445 South C Street, Tustin, California;
WHEREAS, the City has identified a scope of work for said services, a copy of which is
attached as Exhibit "A", and is by this reference incorporated herein as though fully set forth (the
"Scope of Services");
Whereas, Consultant is qualified to provide the necessary services and has agreed to
provide such services; and
WHEREAS, Consultant has submitted to the Agency a proposal, dated October 6, 2010
which responds to the Agency's requested Scope of Services, a copy of which is on file
with the Agency;
NOW, THEREFORE, in consideration of the premises and mutual agreements contained
herein, Agency agrees to employ and does hereby employ Consultant and Consultant agrees to
provide consulting services as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services specified in the "Proposal and Scope of
Services" attached hereto as Exhibit "A" and incorporated herein by this reference, (the
"services" or the "work"). Consultant warrants that all services shall be performed in a
competent, professional and satisfactory manner in accordance with all standards prevalent in
the industry. In the event of any inconsistency between the terms contained in Exhibit "A" and
the terms set forth in the main body of this Agreement, the terms set forth in the main body of
this Agreement shall govern.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of the City
of Tustin and Tustin Community Redevelopment Agency and of any federal, state or local
governmental agency of competent jurisdiction.
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1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense
such licenses, permits and approvals as may be required by law for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Contract, Consultant warrants that
Consultant (a) has thoroughly investigated and considered the work to be performed, (b) has
investigated the site of the work and become fully acquainted with the conditions there existing,
(c) has carefully considered how the work should be performed, and (d) fully understands the
facilities, difficulties and restrictions attending performance of the work under this Agreement.
Should the Consultant discover any latent or unknown conditions materially differing from those
inherent in the work or as represented by the Agency, Consultant shall immediately inform
Agency of such fact and shall not proceed with any work except at Consultant's risk until written
instructions are received from the Contract Officer.
1.5 Care of Work. Consultant shall adopt and follow reasonable procedures
and methods during the term of the Agreement to prevent loss or damage to materials, papers
or other components of the work, and shall be responsible for all such damage until acceptance
of the work by Agency, except such loss or damages as may be caused by Agency's own
negligence.
1.6 Additional Services. Consultant shall perform services in addition to those
specified in the Proposal when directed to do so in writing by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without compensation. Any
additional compensation not exceeding ten percent (10%) of the original Contract sum must be
approved in writing by the Contract Officer. Any greater increase must be approved in writing by
the Executive Director.
1.7 Special Requirements. Any additional terms and conditions of this
Agreement are set forth in Exhibits "B" and "C" and are incorporated herein by this reference. In
the event of a conflict between the provisions of Exhibits "B" and "C" and any other provision or
provisions of this Agreement including Exhibit "A", the provisions of Exhibits "B" and "C" shall
govern.
2. COMPENSATION
2.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, the Consultant shall be compensated and reimbursed only such amount as are
prescribed in Exhibit C, in an amount not to exceed Fifteen Thousand Nine Hundred Fifty
Dollars ($15,950).
2.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to Agency in
the form approved by Agency's Director of Finance, an invoice for services rendered prior to the
date of the invoice. Agency shall pay Consultant for all expenses stated thereon which are
approved by Agency consistent with this Agreement, no later than the last working day of said
month.
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2.3 Changes. In the event any change or changes in the work is requested by
Agency, the parties hereto shall execute an addendum to this Agreement, setting forth with
particularity all terms of such addendum, including, but not limited to, any additional Consultant's
fees. Addenda may be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product or work;
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Consultant's
profession.
2.4 Payment for Changes. Changes approved pursuant to an Addendum shall be
compensated at the personnel hourly rates prescribed in Exhibit "C" hereto. Note: Exhibit "C"
prohibits billing for travel.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed within any time periods prescribed in any Schedule of
Performance attached hereto marked Exhibit "D". The extension of any time period specified in
the Exhibit "D" must be approved in writing by the Contract Officer.
3.3 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of the Consultant, including, but
not restricted to, acts of God or of a public enemy, acts of the government, fires, earthquakes,
floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe
weather if the Consultant shall within ten (10) days of the commencement of such condition
notify the Contract Officer who shall thereupon ascertain the facts and the extent of any
necessary delay, and extend the time for performing the services for the period of the enforced
delay when and if in the Contract Officer's judgment such delay is justified, and the Contract
Officer's determination shall be final and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this
Agreement, this Agreement shall continue in full force and effect until satisfactory completion of
the services but not exceeding one (1) year from the date hereof, unless extended by mutual
written agreement of the parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following Principal of the Consultant is
hereby designated as being the principal and representative of Consultant authorized to act in
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its behalf with respect to the work specified herein and make all decisions in connection
therewith:
Richard L. Hess, S.E.
Hess Engineering, Inc.
3347 Cerritos Avenue
Los Alamitos, CA 90720-2105
(562) 799-9787
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing Principal is a substantial inducement for Agency to enter into this Agreement.
Therefore, the foregoing Principal shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. The foregoing Principal may not be changed by Consultant without the
express written approval of Agency.
4.2 Contract Officer. The Contract Officer shall be the Assistant City Manager
of City unless otherwise designated in writing by the Executive Director of Agency. It shall be
the Consultant's responsibility to keep the Contract Officer fully informed of the progress of the
performance of the services and Consultant shall refer any decisions which must be made by
Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency
required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees were a
substantial inducement for the Agency to enter into this Agreement. Therefore, Consultant shall
not contract with any other entity to perform in whole or in part the services required hereunder
without the express written approval of the Agency. In addition, neither this Agreement nor any
interest herein may be assigned or transferred, voluntarily or by operation of law, without the
prior written approval of Agency.
4.4 Independent Contractor. Neither the Agency nor any of its employees shall
have any control over the manner, mode or means by which Consultant, its agents or
employees perform the services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of Agency
and shall remain at all times as to Agency a wholly independent contractor with only such
obligations as are consistent with that role. Consultant shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of Agency.
Consultant shall be solely responsible for compliance with State and Federal Law with respect
to the wages, hours, benefits, and working conditions of its employees, including requirement for
payroll deductions for taxes. Employees or independent contractors of Consultant are not
Agency employees.
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5. INSURANCE /INDEMNIFICATION
5.1 Insurance.
A. Consultant shall maintain in full force and effect during the term of
these Agreement policies of commercial general liability and automobile liability insurance (each
of which shall include property damage and bodily injury) and each with limits of at least
$1,000,000 combined single limit coverage per occurrence.
B. Consultant shall maintain in full force and effect during the term of
this Agreement a policy of professional liability insurance coverage with limits of at least
$1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides
claims made professional liability insurance, Consultant shall also agree in writing either (1) to
purchase tail insurance in the amount required by this Agreement or to cover claims made
within five (5) years of the completion of Consultant's service under this Agreement, or (2) to
maintain professional liability insurance coverage with the same carrier in the amount required
by this Agreement for at least five (5) years after completion of Consultant's services under this
Agreement. Consultant shall also provide evidence to the Agency of the purchase of the
required tail insurance or continuation of the professional liability policy by executing the
attached Letter Agreement on Consultant's letterhead attached hereto as Exhibit "B-1".
C. Consultant shall carry and pay for such workers' compensation
insurance as is required fully protect Consultant and its employees under California Worker's
Compensation Insurance Law. The insurance company shall agree to waive all rights of
subrogation against the Agency for losses paid under the policy, which losses arose from the
work performed by the named insured.
D. Other applicable insurance requirements are: (1) Name the
Agency, its officials and employees as an additional insured on the commercial, general and
automobile policies. (2) The insurance shall be issued by a company authorized by the
Insurance Department of the State of California and rated A, VII or better (if an admitted carrier)
or A-, X (if offered, by a surplus line broker), by the latest edition of Best's Key Rating Guide,
except that the Agency will accept workers' compensation insurance rated B-VIII or better or
from the State Compensation Fund. (3) The Insurance shall not be cancelled, except after thirty
(30) days written prior notice to the Agency; and (4) The commercial general and automobile
liability insurance shall each be primary as respects the Agency, and any other insurance
maintained by the Agency shall be in excess of this insurance and not contribute to it.
E. Upon execution of this Agreement, Consultant shall provide to
Agency certificates of insurance and insurer endorsements evidencing the required insurance.
Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence
of meeting the requirements of Subsections (1), (3) and (4) of Section D above and the waiver
of subrogation requirement in Section C above. If self-insured for worker's compensation,
Consultant shall submit to Agency a copy of its certification of self-insurance issued by the
Department of Industrial Relations.
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5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless
the Agency, its officers and employees, from and against any and all actions, suits, proceedings,
claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for
injury to or death of person or persons, for damage to property, including property owned by
Agency, arising from errors and omissions of Consultant, its officers, employees and agents,
and arising out of or related to Consultant's performance under this Agreement, except for such
loss as may be caused by Agency's sole negligence or that of its officers or employees.
The Consultant shall also defend, indemnify and hold the Agency harmless
from any claims or liability for Agency health and welfare, retirement benefits, or any other
benefits of part-time or fulltime City employment sought by Consultant's officers, employees, or
independent contractors, whether legal action ,administrative proceeding or pursuant to State
statue.
6. RECORDS AND REPORTS
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as
the Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to properly perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. The Contract Officer shall have full and
free access to such books and records at all reasonable times, including the right to inspect,
copy, audit and make records and transcripts from such records.
6.3 Ownership of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of this Agreement
shall be the property of Agency and shall be delivered to Agency upon request of the Contract
Officer or upon the termination of this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the exercise by Agency of its full rights or
ownership of the documents and materials hereunder. Consultant may retain copies of such
documents for its own use. Consultant shall have an unrestricted right to use the concepts
embodied therein.
6.4 Release of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of services under
this Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
7. ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Orange, State of
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California, or any other appropriate court in such county, and Consultant covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligations hereunder so long as the
injuring party cures any default within ninety (90) days after service of the notice, or if the cure of
the default is commenced within thirty (30) days after service of said notice and is cured within a
reasonable time after commencement; provided that if the default is an immediate danger to the
health, safety and general welfare, the Agency may take immediate action under Section 7.6 of
this Agreement. Compliance with the provisions of this Section shall be a condition precedent to
any legal action, and such compliance shall not be a waiver of any party's right to take legal
action in the event that the dispute is not cured.
7.3 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. No consent or approval of Agency shall be deemed to waive or render unnecessary
Agency's consent to or approval of any subsequent act of Consultant. Any waiver by either
party of any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
7.4 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
7.5 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment or any other remedy consistent with the purposes of this Agreement.
7.6 Termination Prior to Expiration of Term. The Agency reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice
to Consultant, except that where termination is due to the fault of the Consultant and constitutes
an immediate danger to health, safety and general welfare, the period of notice shall be such
shorter time as may be appropriate. Upon receipt of the notice of termination, Consultant shall
immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to
receipt of the notice of termination and for any services authorized by the Contract Officer
thereafter.
7.7 Termination for Default of Consultant. If termination is due to the failure of
the Consultant to fulfill its obligations under this Agreement, Agency may take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to
the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated, provided that the Agency shall use reasonable efforts to
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mitigate damages, and Agency may withhold any payments to the Consultant for the purpose of
set-off or partial payment of the amounts owed to Agency.
7.8 Attorneys Fees. If either party commences an action against the other
party arising out of or in connection with this Agreement or it subject matter, the prevailing party
shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party.
8. AGENCY AND CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 Non-Liability of City Officers and Employees. No officer or employee of
Agency or City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by the Agency or for any amount which may become due to the
Consultant or its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination or segregation in the performance of or in connection with this
Agreement regarding any person or group of persons on account of race, color, creed, religion,
sex, marital status, national origin, or ancestry. Consultant shall take affirmative action to insure
that applicants and employees are treated without regard to their race, color, creed, religion,
sex, marital status, national origin, or ancestry.
9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing
and either served personally or sent by pre-paid, first-class mail to the address set forth below.
Either party may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if
mailed as provided in this Section.
To City:
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
300 Centennial Way
Tustin, CA 92780
Attention: Assistant City Manager
(Contract Officer)
To Consultant:
Richard L. Hess, S.E.
Hess Engineering, Inc.
3347 Cerritos Avenue
Los Alamitos, CA 90720-2105
(562) 799-9787
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9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or
unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs,
or sections of this Agreement, which shall be interpreted to carry out the intent of the parties
hereunder.
9.5 Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of
said parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"Agency"
Dated: TUSTIN COMMUNITY REDEVELOPMENT AGENCY
By:
APPROVED AS TO FORM:
Doug Holland
City Attorney
Christine Shingleton
Assistant City Manager/Ass't Executive
Director
"Consultant"
Hess Engineering, Inc., a California corporation
By:
Richard L. Hess, S.E.
President
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EXHIBIT "A"
PROPOSAL and SCOPE OF SERVICES
Scope of Services:
1. Review any construction documents available from the City which would typically
include the existing architectural and structural drawings, repair/tenant
improvements drawings (if available) and any existing soils reports.
2. Review any available reports or documentation regarding maintenance of the
structure since the retrofit of the structure in the early 1980's.
3. Perform a structural field observation(s) and identify any structural issues or
necessary deferred maintenance and cosmetic repairs that are necessary to the
parking structure including, but not limited to, resurfacing, restriping, resolution of
any drainage issues, adequacy of lighting, replacement of parking stops (if
required) and addressing any handicap accessibility issues.
4. To the extent that field observation reveals the need fora testing plan,
Consultant shall notify the City and obtain approval to proceed with non-
destructive testing provided Consultant first obtains City's and the other owners
written approval of anon-destructive testing plan (if required) to quantify the state
of the structure in line with the field observations.
5. Create a letter report describing the condition of the existing structure, including
photographs and provide recommendations based on the results of the
document review, field observation, and non-destructive testing (if required).
Consultant shall also provide a preliminary construction estimate for
implementation of its specific recommendations by line item.
6. Meet with the City and any other owner or their consultant to review, answer any
questions and clarify the recommendations.
180912.1
EXHIBIT "B"
SPECIAL REQUIREMENTS
1. The Consultant shall comply with all applicable federal, state and local laws applicable
to its activities.
2. The Consultant shall not release to the public or press any information regarding the
purpose/scope of services to be accomplished or data specific to the project required
under the Agreement without prior authorization of the contract officer. All such
information is considered confidential. All inquiries made of Consultant shall be
immediately referred to the Contract Officer.
3. Consultant shall present to the Agency certificates of insurance and endorsement
forms verifying that the Consultant has the insurance as required by this Agreement.
Said form shall be reviewed and approved by the office of the City Attorney. A
certificate of insurance form is attached.
4. Consultant shall utilize those professional staff members to perform services as
identified in Consultant's proposal. No substitution shall be made without the advance
written approval of the Contract Officer. No increase in compensation or reimbursable
salary rates will be allowed when personnel or firm substitutions are authorized by the
Contract Officer.
5. The Consultant shall review and replace project personnel who do not perform
assigned duties in a manner satisfactory to Contract Officer when requested by
Contract Officer.
7. Monthly progress reports shall be submitted by Consultant with billing requests. At
minimum these reports shall specify the period reported, tasks completed, tasks
underway, percent of project completed and strategies to solve any timing delays.
8. Consultant shall be required to meet with the Contract Officer as determined necessary
or desirable to discuss elements of the Scope of Work and project's progress.
9. Field Investigation necessary. The Consultant shall obtain all necessary field data and
make investigations and studies necessary to properly accomplish the work required
under this Agreement.
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EXHIBIT "B-1"
SAMPLE OF TAIL INSURANCE LETTER
Date
To be reproduced (printed) on consultant's letterhead
City of Tustin
300 Centennial Way
Tustin, CA 92780
ATTN: Christine A. Shingleton, Assistant City Manager
SUBJECT: STRUCTURAL ENGINEERING SERVICES FOR STEVEN'S SQUARE
PARKING STRUCTURE AT 445 SOUTH C STREET
Dear Ms. Shingleton:
has executed the Consultant Services Agreement for the above
referenced project. In lieu of providing occurrence based on professional liability
insurance coverage as required by the Agreement, warrants and
represents that it shall maintain insurance coverage with the insurance company listed
on the attachment, or with an equivalent carrier in the amounts indicated for at least five
(5) years after the completion of the consulting services under the Agreement.
will provide the City with certificates of insurance coverage within the period established
above in order to evidence compliance with this Agreement.
Sincerely,
Consultant Name
Authorized Signature
ACCEPTED AND AGREED TO:
APPROVED AS TO FORM
Douglas C. Holland
City Attorney
180912.1
EXHIBIT "C"
SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES
Compensation
1. As compensation for the Consultant's services under this Agreement, the Agency shall
pay the Consultant anot-to-exceed fixed amount of Fifteen Thousand Nine Hundred
Fifty Dollars ($15,950).
The City shall compensate the Consultant for the following services:
Description Cost
Meeting with Client at site for preliminary observation & review, evaluation, $1,640
discussion of alternatives, photographs and field notes.
Review construction documents provided by Client to compare with existing $2,340
conditions and prepare outline drawin s.
Review maintenance documents subsequent to structure retrofit in 1980's. $1,320
Field observations to identify structural issues, maintenance issues, $2,140
necessary cosmetic repairs, and any accessibility issues.
Prepare testing plan, both non-destructive & core sample, if required, and $1,140
implement plan upon Client approval
Allowance for outside testin services $2,500
Evaluate information gathered and prepare S.E. stamped letter report $2,890
describing condition of existing structure and making recommendations for
retrofit/repair
Consultation with Client and contractor of Client's choice regarding $980
development of a preliminary construction cost estimate for implementation
of recommendations for retrofit/repair.
Meet with City and other owners or owner representatives to review $1,000
recommendations and answer questions.
TOTAL: $13,450
+ $2,500
allowance
for testing
The above compensation amount does not include plan check, building permit or other
governmental fees, soil or site surveys not specified above.
Expense Reimbursement
2. Included within the Compensation, the Consultant shall provide four (4) copies of
calculations, letters and sketches and incidental progress prints. The Consultant shall
be entitled to reimbursement for any reproduction costs above four (4) copies if
requested by the Agency.
3. Consultant travel to and from the City/Stevens Square Parking Structure for meetings
180912.1
and conducting the structural assessment shall not be an authorized reimbursement.
Compensation for Additional Services
4. In the event the Agency requires services in addition to those described in Exhibit "A",
said services must first be approved in writing by the Contract Officer. The Consultant
shall be compensated at the Consultant's standard hourly rates for professional services,
plus reimbursement of expenses or a fixed amount agreed to in writing by the Agency and
Consultant.
Method of Payment
5. As a condition precedent to any payment to Consultant under this Agreement,
Consultant shall submit monthly to the Agency a statement of account which clearly sets
forth by dates the designated items of work, as well as reimbursable expenses, for which
the billing is submitted. The payment request shall identify each task required by the
Agreement, percent of completion, amount of actual reimbursable expenses and
requested amount to be billed against each task.
Timing of Payment
6. The Agency shall review Consultant's monthly statements and pay Consultant for
services rendered and costs incurred hereunder, at the rates and in the amounts provided
hereunder, on a monthly basis in accordance with the approved monthly statements.
180912.1
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Consultant shall commence the Scope of Services under this Agreement within 1 - 2
weeks of receipt of a Notice to Proceed and complete the services within the time frame
outlined in the schedule attached to this Exhibit.
180912.1
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