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HomeMy WebLinkAbout14 CONSULTANT SERVICES AGMT FOR ASSESSMENT OF STEVENS SQUARE PARKING STRUCTURE~ Agenda Item 14 AGENDA REPORT Reviewed: City Manager Finance Director MEETING DATE: JUNE 7, 2011 TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR FROM: REDEVELOPMENT AGENCY AND COMMUNITY DEVELOPMENT DEPARTMENT STAFF 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 the Tustin Community Redevelopment Agency approve a Consultant Services Agreement with Critical Structures, 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 Executive Director and/or Assistant City Manager to execute the document on behalf of the City. FISCAL IMPACT: Adequate balances exist in the Town Center Fund (558). The cost schedule for these services is proposed at $23,530. BACKGROUND: In the fall, City and Agency staff issued a Request for Proposals ("RFP") from structural engineers to assess the structural stability, architectural and cosmetic repair needed by the Stevens Square Parking Structure and any costs necessary for such repairs. Three responses were received from qualified structural engineers. Page 2 On March 15, 2011, the City Council approved a Consultant Services Agreement with Hess Engineering, Inc. After numerous attempts to come to a mutual agreement regarding insurance requirements, Hess Engineering declined the project. Critical Structures, Inc. was rated the second most responsive proposer. Critical Structures has reviewed a draft Consultant Services Agreement and agreed to the insurance requirements. While the structural engineer's analysis is being conducted, City and Agency staff will continue working with Stevens Square, LLC, the parking structure's majority owner, regarding acost-sharing approach associated with the initial repairs identified in the Critical Structures analysis as well as the continued maintenance costs required by the structure. Any Agreement, including one-time and ongoing costs identified by the structural engineer's assessment, will be brought back to the City Council and the 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 continue working 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. c~®• , Christine A. Shingl Elizabeth Binsack Assistant City Man ger 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 Critical Structures, Inc., a California corporation (Consultant"). 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 1, 2010, a copy of which is attached hereto as Exhibit "A", and is by this reference incorporated herein as though set forth in full hereto (the "Proposal"). 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: 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 shall perform all services 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. 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 represents 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 iso9iz.i ~ RDA CA 2/2007 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 Exhibit "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 Twenty-three Thousand, Five Hundred Thirty dollars ($23,530). 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. 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. iao9iz.i 2 RDA CA 2/2007 2.4 Payment for Chances. 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 its behalf with respect to the work specified herein and make all decisions in connection therewith: Eric C. Stovner, S.E., LEED AP Critical Structures, Inc. 1193 N. Tustin Ave. Anaheim, CA 92807-1736 (949) 981-0885 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 180912.1 3 RDA CA 2/2007 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 Assictnment. 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. 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 iao9iz.i 4 RDA CA 2/2007 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. 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. 180912.1 ~ RDA CA 2/2007 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 Califomia. 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 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. 180912.1 V RDA CA 2/2007 7.3 Waiver. No delay or omission in the exercise of any right or remedy of anon-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 Ri4hts 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 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 180912.1 / RDA CA 2/2007 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: Eric C. Stovner, S.E., LEED AP Critical Structures, Inc. 1193 N. Tustin Ave. Anaheim, CA 92807-1736 (949) 981-0885 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, 180912.1 ZS RDA CA 2/2007 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. "City" Dated: TUSTIN COMMUNITY REDEVELOPMENT AGENCY By: Executive Director APPROVED AS TO FORM: Doug Holland City Attorney "Consultant" Critical Structures, Inc., a California corporation By: Eric C. Stovner, S.E., LEED AP President 180912.1 9 RDA CA 2/2007 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. ieoeiz.i 10 RDA CA 2/2007 EXHIBIT "B" SPECIAL REQUIREMENTS 1. The Consultant shall comply with all applicable federal, state and local laws applicable to its activities. 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. iao9iz.i 11 RDA CA 2/2007 EXHIBIT "B-1" SAMPLE OF TAIL INSURANCE LETTER To be reproduced (printed) on consultant's letterhead Date 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, agrees 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 iao9iz.i 12 RDA CA 2/2007 EXHIBIT "C" SCHEDULE OF COMPENSATION and PERSONNEL HOURLY RATES Compensation As compensation for the Consultant's services under this Agreement, the Agency shall pay the Consultant snot-to-exceed fixed amount of Twenty-three Thousand, Five Hundred Thirty dollars ($23,530). The City shall compensate the Consultant for the following services: Descri tion Cost Review available existing construction documents and soils reports, $1,320 rovided b the Ci Review available reports or documentation regarding maintenance of the $870 structure since the earl 1980s retrofit, rovided b the Ci Perform structural field observation to identify any structural issues or $10,120 necessary deferred maintenance and cosmetic repairs, including but not (billed on a limited to resurfacing, restriping, resolution of any drainage issues, not to exceed adequacy of lighting, replacement of parking stops, and addressing disabled basis) access. Structural review will include initial structural calculations to determine demand/capacity ratios and limitations with structural stability, if any. (Consultant shall bill for this service on an hourly basis, with the total amount not to exceed $10,120. Billable rates: Project Manager - $150/hr; and Principal Engineer - $210/hr. To the extent that the field observation and review of documents reveal the $6,000 need for testing, CSI shall notify the City and obtain Owners' approval to proceed with non-destructive testing to quantify structural or condition information not resolved by visual inspection. Such testing could consist of impact hammer testing to determine concrete compressive strength, X-rays to determine reinforcing steel size, radar to determine reinforcing steel location, and a testin laborato re ort. Prepare a letter report summarizing the structural system, condition $3,660 including photographs, recommendations for further action, if required, and a preliminary line-item construction cost estimate for implementation of recommendations. Meet with City and other owners or owner representatives to review $1,560 recommendations and answer uestions. TOTAL: $23,530 Expense Reimbursement 2. The Consultant shall provide four (4) copies of calculations, letters and sketches and incidental progress prints. The Consultant shall be entitled to reimbursement for reproduction costs above four (4) copies. Extraordinary costs incurred by Consultant required in the pertormance of the work shall first be approved in writing by the Contract Officer. Consultant travel to and from the City/Stevens Square Parking Structure for ieo9iz.i 13 RDA CA 2/2007 meetings and conducting the structural assessment shall not be an authorized reimbursement. Compensation for Additional Services 3. 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 4. 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 5. 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. ieo9iz.i 14 RDA CA 2/2007 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. Schedule of Performance -Testing NOT Required Week 1 Project Kickoff/Review existing drawings and reports (2 days) Review retrofit reports (1 day) Week 2/3 Field Observation and Analysis (7 days) Week 4 Issue DRAFT Report Meet with City Week 5 Issue FINAL Report Schedule of Performance -Testing Required Week 1 Project Kickoff/Review existing drawings and reports (2 days) Review retrofit reports (1 day) Week 2/3 Field Observation and Analysis (7 days) Week 4/5 Testing (8 days) Week 6 Issue DRAFT Report Meet with City Week 7 Issue FINAL Report iao9iz.i 15 RDA CA 2/2007