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HomeMy WebLinkAbout04/05/1994, C-6 - SEISMIC SAFETY ENGINEERING ON CITY-OWNED BUILDINGS ���IIII�NIII�IIIII��IIIIIIIII "J f MEETI G r3 4 li►��i c� o san �a�s os�spo COUNCIL AGENDA REPORT ITW NUMBER: 1446 FROM: Michael McCluskey, Public Works Directom%,�� PREPARED BY: David Elliott, Administrative Analyst C � SUBJECT: Seismic Safety Engineering on City-owned Buildings CAO RECOMMENDATION: By motion, 1) Approve Amendment No. 2 to Agreement A-132-91-CC for Engineering Services on the Seismic Safety Corrections Project with Howard F. Stup & Associates to a) add structural analysis for the Old Carnegie Library and b) reinstate construction docu- ments preparation for work on the City Hall roof and attic i 2) Authorize the Mayor to execute the amendment DISCUSSION: Old Carnegie Library (County Historical Society Museum) By Ordinance No. 1213 (1992 Series), the Council adopted and amended the Uniform Code for Building Conservation (UCBC), 1991 Edition. Section A111(b) of the UCBC requires that owners of unreinforced masonry buildings within the City prepare and submit structural analyses for those buildings to the Building and Safety Division by September 4, 1994. The City owns five unreinforced masonry buildings: 1. The Dana Adobe 2. The Black Residence 3. The 955 Morro Building 4. The Murray Adobe 5. The Old Carnegie Library The Dana Adobe and the Black Residence are exempt as residential uses. Structural analysis and seismic safety corrections for the 955 Morro Building have been completed. Structural analysis for the Murray Adobe is partially completed. Staff has held off on proceeding with structural analysis for the Old Carnegie Library pending a decision about possible County financial participation. The County, as lessee of the premises, is obligated by the lease agreement only to "maintain the premises" and "pay for minor repairs". The agreement's only reference about sharing capital improvement cost states that any "in the case of the total or partial destruction of said building.. . . the matter of rebuilding the same shall be decided by the mutual agreement of both parties." The County recently reaffirmed its decision to decline financial participation in the structural analysis. But the City must proceed anyway in order to meet the September 4 deadline. �����► ���Illfl�pnj����l MY Of San tins OBISPO COUNCIL AGENDA REPORT City Hall Roof and Attic In 1990 the engineering firm of H.J. Degenkolb Associates found that certain structural elements of the City Hall building might not withstand a major earthquake because of three deficiencies: inadequate horizontal bracing at the lower chord of the roof trusses, unanchored cementitious roof panels, and unbraced non-bearing masonry interior partitions. In 1992 the structural engineering firm of Howard F. Stup & Associates analyzed these deficiencies and recommended a project to remove the existing tile roof, remove and dispose of the cementitious roof panels, install bracing for the interior partitions and trusses, install a new steel roof deck, and reinstall the file roof. Staff originally thought that this work on the roof and attic should be deferred until construc- tion of the City Hall expansion project. For this reason, the City amended Stup's agreement in late 1992 to eliminate construction documents preparation. But the City Hall expansion project will not proceed in the foreaeeable future, and deferring the roof and attic work any longer might not be wise considering the effects of the Northridge.earthquake. In that quake, damage commonly occurred where unanchored panels bounced out of metal channels and fell into area below. Exactly this kind of hazard exists at City Hall. The entire sloped area of the roof is formed by unanchored cementitious panels (each measuring four feet by three feet by two inches thick and weighing about 100 pounds) lying in channels formed by the upper chords of the roof trusses. A major earthquake could dislodge these panels and cause them to fall through the attic and into the office area below. The recommended project would correct this safety hazard and minimize risk to occupants and equipment. It would also help ensure that essential services could continue following a major earthquake. Proposed Amendment to Agreement The City has an existing agreement with Howard F. Stup & Associates, which has performed seismic structural analyses for City Hall, Fire Stations 2 and 3, the 955 Morro Building, and the Murray Adobe. Staff asked Stup to submit quotations for analyzing the Old Carnegie Library and preparing construction documents for the City Hall roof and attic. Working from these quotations, staff drafted an amendment to the existing agreement for engineering services to add structural analysis for the Old Carnegie Library and reinstate construction documents preparation for work on the City Hall roof and attic. FISCAL IMPACT: The cost of Amendment No. 2, which covers structural analysis for the Old Carnegie Library and construction documents preparation for work on the City Hall roof and attic, is $41,100. The Capital Improvement Plan of the 1991/93 Financial Plan (pages E-10 and E- 23) designated $424,000 for the Seismic Safety Corrections project. The status of the project budget is shown on the following page. 6uv� ����n�i�►►�Illll�����ui►���N city of San LUIS OBISpo iMNIG@ COUNCIL AGENDA REPORT Beginning Budget $424,000 Structural Analysis and Design (67,073) City Hall Basement Construction (35,338) Fire Station 2 Construction (56,622) Fire Station 3 Construction (13,300) 955 Morro Building Construction (107,144 Budget Remaining and Available $144,523 Construction of seismic safety corrections to the City Hall roof and attic will not start until fiscal year 1995/96. Preparation of the construction documents will include calculating a statement of probable cost, which will be included next year in a CIP project request for the 1995/97 Financial Plan. ATTACHMENTS: Amendment No. 2 Quotation from Howard F. Stup & Associates dated March 14, 1994 Quotation from Howard F. Stup & Associates dated March 23, 1994 Agreement A-132-91-CC as amended aAWP61\SVSKA1C8 �d 3 AMENDMENT NO. 2 TO AGREEMENT A-132-91-CC FOR ENGINEERING SERVICES ON THE SEISMIC SAFETY CORRECTIONS PROJECT Agreement A-132-91-CC, made on the 1st day of October, 1991 by and between the City of San Luis Obispo ("the City") and Howard F. Smp& Associates ("the Engineer"), is amended to include the following paragraphs under Section III. Scope of the Engineer's Work: "J. OU) CARNEGIE LIBRARY WORK 1. Affected Building Elements a. Unreinforced brick walls b. Lack of out-of--plane anchorage for walls at the roof C. Lack of lateral bracing at the building front and entranceway 2. Additional Subtask Descriptions a. Under structural analysis: (1) prepare the analysis in accordance with Section Al I l(b) of the Uniform Code for Building Conservation (UCBC), 1991 Edition, as amended by the City (2) submit reports in the format recommended by the City's Building and Safety Division by June 30, 1994 (3) prepare a conceptual opinion of probable construction cost b. Under field investigation, complete 10 push-shear tests on the unreinforced brick walls of the Old Carnegie Library, with the City responsible for finish plastering 3. Authorized Subcontractors a. Earth Systems/Pacific Geoscience, Inc. 4378 Santa Fe Road San Luis Obispo, CA 93401 b. Marr Constriction Management 649 W. Imperial Highway, Suite B Brea, CA 92621 4. Compensation a. 'Structural Analysis: $9,750 b. Field Investigation: $4,750 K. CITY HALL WORK 1. Reinstatement of Previously Eliminated Work. Because previous concerns about construction timing and disruption have been resolved, the Engineer shall resume the field investigation and construction documents preparation tasks for City Hall work on the following building elements: a. Inadequate horizontal bracing at the lower chord of the roof trusses b. Unanchored cementitious roof panels C. Unbraced non-bearing masonry interior partitions Amendment No. 2 to Agreement A-132-91-CC Page 2 2. Authorized Subcontractors a. John Serrato, Architect 8182 Hollister Street Ventura, CA 93004 b. Mart Construction Management 649 W. Imperial Highway, Suite B Brea, CA 92621 3. Compensation a. Field Investigation: $3,000 a. Construction Documents Preparation: $23,600 This amendment is executed by the following representatives: FOR THE ENGINEER: date FOR THE CITY: Mayor date Attested: City Clerk Approved: y �eU �b J ;ROM HFS&R 03. 13.2084 16:41 P. 1 HOWARD F. STUP & ASSOCIATES CONSULTING STRUCTURAL ENGINEERS March 14, 1994 MAR 1 � City of San Luis Obispo FAX (805) 781-7198 Department of Public Works 970 Palm Street P O Box 8100 San Luis Obispo CA 93401 Attn: David Elliott, Administrative Analyst Re: Mitigation of Structural Seismic Hazards to the Old Carnegie Library San Luis Obispo CA HFS&A #910040 The Old Carnegie Library is a qualified historic structure that is to be the subject of a structural analysis, performed in accordance with the City's current unreinforced masonry seismic hazard mitigation ordinance. The Agency has requested that our current AGREEMENT be amended to include this work. We have determined appropriate fees for the structural analysis and field inve$tigation phases, as identified by Section III of our current AGREEMENT. Since no contract documents will be prepared fees have not been estimated for this particular task. Old Carnegie Library Structural Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,750.00 Field Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,750.00 Document Preparation . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . a Subtotal $ 14,500.00 The City of San Luis Obispo unreinforced masonry ordinance requires that a structural analysis be performed in accordance with Section A111(b) of the Uniform Code for Building Conservation(UCBC), 1991 Edition, as amended by the City. This amendment allows the use of the State Historic Building Code(CAC Title 24, Part 8), and because both 601 DAILY DRIVE • SUITE 205 • CAMARILLO, CA 93010 • 805.987.7887 • FAX 805.388-2041 " �16 FROM HFS&Q 03. 13.2084 16:42 P. 2 David Elliott,City of San Luis Obispo 910040 Mitigation of Structural Seismic Hazards to the March 14, 1994 Old City Library Page 2 of 3 buildings are qualified historic structures we anticipate that the structural analysis will utilize portions of this code. Our structural analysis will be completed in compliance with the format recommended by the City's Building & Safety Division and will be summarized in a brief report, which will contain a conceptual probable opinion of construction cost. The opinion will be prepared similar to that contained within Degenkolb's seismic hazard study and will reflect the recommendations of our structural analysis. I have discussed with Tom Baasch the level of "accuracy" that he is looking for in the opinion, and our approach presented herein meets his criteria. During our field investigation work on the Old Carnegie Library we will complete a minimum of ten (10) push-shear tests of individual brick units within the unreinforced masonry walls. Approximately six (6) of the tests will be performed on interior URM wall surfaces, the remainder on exterior surfaces. Testing at interior wall locations will require that the plaster wall surface adjacent to the test brick, be removed to identify head and collar joint locations. After completion of testing, all bricks will be reset and at interior locations will be scratch plastered to within 1/8 inch of the finish surface. Finish plastering and painting will be by City forces. Because the exterior wythe of brick appears to be a veneer we will perform a destructive investigation to verify wall layup and exterior Wythe attachment. Based on our previous conversations, we will complete this destructive investigation work at a location scheduled for selective demolition as part of the proposed elevator installation. The fee includes monies for our consultants to perform specific services; such as, material testing, destructive investigations, and cost estimating as discussed herein. The consultants that will be utilized are: 1) Earth Systems/Pacific Geoscience, Inc. 4378 Santa Fe. Road San Luis Obispo CA 93401 2) Marr Construction Management 649 W. ImperW Highway, NB Brea CA 92621 HOWARD F. STOP&ASSOCIATES • CONSULTING STRUCTURAL ENGINEERS e-z-' 601 DAILY DRIVE • SUITE 205 - CAMARILLO, CA 93010 • 805-987-7887 • FAX 805-388-2041 FROM HFS&A 03. 13.2084 16:43 P. 3 David Elliott, City of Sen Luis Obispo 910040 Mitigation of Stnwmnal Seismic Hazards to.the March 14, 1994 Old City Library Page 3 of 3 Scheduling of our work is at the option of the City; however, the structural analysis does need to be completed within eighteen (18) months of the service order from the Building Official. This deadline is estimated to be July 1, 1994; however, the actual date can be obtained from your service order. Sincerely HOWARD F. S7 & ASSOCIATES � v ohn . Nelson, S.E. HOWARD F. STUP&ASSOCIATES CONSULTING STRUCTURAL ENGINEERS 601 DAILY DRIVE • SUITE 205 • CAMARILLO, CA 93010 • 805.987.7887 • FAX 805388.2041 /n• _ ***END*** L FROM HFS&A 03.22.2084 13:59 P. 1 HOWARD F, STUP & ASSOCIATES CONSULTING STRUCTURAL ENGINEERS March 23, 1994 City of San Luis Obispo FAX (805) 781-7198 P 0 Box 8100 San Luis Obispo CA 93406-8100 Attn: David Elliott, Administrative, Assistant Re: Mitigation of Structural Seismic Hazards to San Luis Obispo City Hall : Phase H — Attic Partition Bracing and Roof Diaphragm Strengthening San Luis Obispo CA HFS&A #910040 During Phase I of the project, structural retrofit work to basement level columns was completed. Phase II work will add#ess the strengthening of the roof framing for horizontal in-place seismic loads and mitigate other structural seismic hazards associated with unbraced non-bearing interior masonry partitions. Two (2) strengthening options were previously recommended and "Strengthening Option No. 2" as described by our January 30, 1992 correspondence to the Agency has been selected. ",Strenethenine action No. 2 For this option the structural upgrading work will require the removal of the cementious lay-in panels and replacing them with a,fluted metal decking. The decking would be welded to the existing steel angles that currently support the panels. The existing roof tiles and new membrane would be installed over plywood furring attached to the decking. Advantages of this option are: 1. Hazards associated with the cementious panels will be eliminated. Aside from seismic issues, the problem of asbestos contamination will be gone. When exposed, the roof panels are easily dislodged and can be removed as complete units. The friability of the materials should not become an issue during selective demolition. 2. Installation of rhe metal decking will create a contiguous competent roof diaphragm. Strengthening of the horizontal roof truss will not be necessary. 601 DAILY DRIVE • SUITE 205 • CAMARILLO, CA 93010 • 805.987-7887 • FAX 805-388.2041 G '6 FROM HFS&R 03.22.2084 14:00 P. 2 David Elliott 910040 Mitigation of Structural Seismic Hazards to Match 23, 1994 San Luis Obispo City Hall— Phase 11 Page 2 of 4 Attic Partition Bracing&Roof Diaphragm Strengthening 3. Installation of interior wall bracing, seismic struts and anchors can be easily performed with open access from the 'top down. While the cementious panels retrain in place, the building will continue to present a moderate seismic risk to the occupants. Unanchored gravity-supported framing elements traditionally provide poor seismic performance, evert during the lower bounds of ground shaking (magnitude 4.0 to 5.0). Anchorage of these elements is always a high priority of any seismic upgrading program. Option No. 2 provides a method for not only eliminating the hazard; but ef°fciently addressing the other upgrading efforts from a constructability standpoint. We recommend that the City pursue this course of action. ' The Agency has requested that our current AGREEMENT be amended to include this work. We have determined appropriate fees for the field investigation and contract document preparation phases, as identified by Section III of our current AGREEMENT. No work is proposed for the structural analysis phase as this item was previously completed during Phase I work. We will also retain consultants to perform specific work such as the preparation of architectural re-roofing drawings and an opinion of probable construction costs. Consultants that will be utilized are: 1) John Serrato, Architect 8182 HoWster:Street Ventura CA - 93004 (805) 659-2066 2) Marr Construction Management 649 W. Imperial Highway, Suite /IB Brea CA 92621 (714) 529-8650 HOWARD F. STUP&ASSOCIATES • CONSULTING STRUCTURAL ENGINEERS 601 DAILY DRIVE • SUITE 205 • CAMARILLO, CA 93010 • 805.987.7887 • FAX 805-388-2041 e4-/10 FROM MFS&A 03.22.2084 14:01 P. 3 David Elliott 910040 Mitigation of Structural Seismic Hazards to March 23. 1994 San Luis Obispo City Hall— Phase 11 Page 3 of 4 Attic Partition Bracing&Roof Diaphragm Strengthening Our lump sum fee for Field Investigation Phase and Contract Document Preparation Phase of Phase 11 are: PHASE II — SAN LUIS OBISPO CITY HALL• Structural Analysis Phase 0 Field Investigation Phase HFS&A $ 29000 John Serrato, Architect $ 1,000 Subtotal for Field Investigation Phase $ 3,000 Contract Document Preparation Phase HFS&A $ 169000 John Serrato, Architect $ 69200 Marr Construction Management $ 10400 Subtotal for Contract Document Preparation Phase $ 233,600 TOTAL LUMP SUM FEE $ 26,600 During Phase I work a structural analysis of the building was completed to identify seismic structural hazards. This analysis will be used as the basis of design for Phase II . strengthening work. Structural design calculations for the new roof diaphragm will be prepared to supplement our original analysis work. During Phase I we also completed a field investigation documenting existing roof framing. During Phase 11 we will perform additional field work to document structural framing relevant to the construction of the new roof diaphragm. This proposed strengthening work will require the removal and reinstallation of roof coverings, concealed gutters, and roof mounted mechanical equipment; and, to this extent, we will perform additional field investigation work to document these conditions for either re-installation, replacement, or re-anchorage per current code requirements. The proposed strengthening work will require the selective demolition of the roof membrane and lay-in cementious roof panels. Both of these elements contain asbestos, and removal will have to be performed by a CAL-OSHA certified asbestos abatement contractor. As part of our preparation of the contract documents we will specify this requirement and HOWARD F. STUP&ASSOCIATES • CONSULTING STRUCTURAL ENGINEERS 601 DAILY DRIVE . SUITE 205 • CAMARILLO, CA 93010 • 805-987-7887 • FAX 805.388-2041 FROM HFS8R 03.22.2084 14:02 P. 4 David Elliott 910040 Mitigation of Structural Seismic Hazards to March 23, 1994 Sas Luis Obispo City Hall— Phase H Page 4 of 4 Attic Partition Bracing&Roof Diaphragm Strengthening quantify asbestos concentrations determined by others during previously completed testing. It is our understanding that the attic has been previously "cleaned" and further abatement work will not be necessary; therefore, we do not propose to complete any further asbestos testing or.prepare detailed abatement procedures as part of this phase; however, we will forward existing asbestos test reports to the San Luis Obispo APCD for coin review and comment. The Agency should also be aware of the fact that the Chicago Grade and Coldwater Canyon landfills are no longer accepting asbestos materials, and demolished materials containing asbestos will have to be shipped to private landfills in either Kettleman City or Los Angeles. Scheduling of our work is at the option of the Agency; however, we do anticipate a minimum time frame of six to eight weeks to complete additional field work and prepare contract drawings. Sincerely HOWARD F. STUP & ASSOCIATES r' ! (John Nelson, S.E. HOWARD F. STOP&ASSOCIATES CONSULTING STRUCTURAL ENGINEERS 601 DAILY DRIVE • SUITE 205 • CAMARILLO, CA 93010 • 805.987-7887 • FAX 805-388-2041 ***END*** AGREEMENT A-132-91-CC FOR ENGINEERING SERVICES ON THE SEISMIC SAFETY CORRECTIONS PROJECT This agreement is made this 1st day of October , 1991 by and between the City of San Luis Obispo ("the City") and Howard F. Stup & Associates ("the Engineer"). SECTION I. RECITALS The City and the Engineer recognize and acknowledge the following circumstances: A. Through a study conducted by HJ. Degenkolb Associates in Fall 1990, the City identified possible structural weaknesses in three city buildings (City Hall, Fire Station No. 2, and Fire Station No. 3) which might lead to serious damage in a major earthquake. B. The City needs professional structural engineering services to 1) further analyze these possible weaknesses 2) identify the need for structural corrections and 3) design identified structural corrections. C. The Engineer has demonstrated its ability to perform the required services by performing related work for the City to comply with SB547, commonly known as the Unreinforced Masonry Building Law. D. The Engineer has offered to perform the required services according to the terms of this agreement. SECTION II. GENERAL STIPULATIONS A. PROJECT STAFF 1. The City's Project Manager. The City's project manager shall be David Elliott, who shall represent the City for all purposes under this agreement, supervise the progress and execution of this agreement, and approve all work products submitted by the Engineer. 2 The Engineer's Project Engineer. The Engineer's project engineer shall be John P. Nelson, who shall represent the Engineer for all purposes under this agreement and shall supervise the day-to-day project work,work closely with and report to the City's project manager, make necessary presentations, and stay with the project from start.to finish The Engineer's project engineer shall not change without the City's prior written approvaL 3. Subcontractors. The Engineer shall not subcontract any of the work under this agreement without the City's prior written approval. if the City approves subcontract work, the Engineer shall not change subcontractors or retain additional subcontractors without the City's prior written approval. B. THE ENGINEER'S DUTIES AND RESPONSIBILITIES 1. Work to be performed. The Engineer shall perform all the work particularly described is Section III of this agreement. A-132-91-OC Agreement tot Engineering Services on the Seismic Safety Corrections Project Page 2 2. laws to be Observed. a. The Engineer shall: (1) procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary to lawfully perform the work required under this agreement (2) keep itself fully informed of all existing and proposed federal, state and local laws and regulations which may affect its performance under this agreement (3) at all times comply with and cause all of its employees and subcontractors to comply with all applicable laws and regulations (4) immediately report to the City's project manager in writing any change, discrepancy or inconsistency it discovers in applicable laws and regulations which may affect its performance under this agreement, particularly its preparation of construction documents. b. The City and the Engineer recognize that seismic safety evaluation and. strengthening techniques are continually evoking and that construction codes and regulations may change abruptly to incorporate new technology. The City and the Engineer also recognize the remote possibility that sudden code or regulation changes might render project designs obsolete or unacceptable before construction is started. In this extraordinary circumstance if the Engineer can demonstrate that it could not reasonably anticipate such code or regulation changes, the City V60 not hold the Engineer liable for necessary corrections without additional compensation. 3. Quality of Work. The Engineer shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all work performed by the Engineer and its subcontractors under this agreement. The quality and accuracy of all work products shall- reflect the care and skill ordinarily exercised by structural engineers practicing under similar circumstances in San Luis Obispo, Santa Barbara and Ventura Counties. Without additional compensation the Engineer shall ensure correction of any errors, omissions or other deficiencies in its work or its subcontractors' work. The City's approval of work or payment for work shall not relieve the Engineer of its responsibility for the quality of all work performed under this agreement. The City's approval of work or payment for work shall not be construed as a waiver of the City's rights or the Engineer's responsibilities under this agreement. 4. The Engineer's Liability. The Engineer shall be liable under applicable law for all damages to the City caused by the negligence, errors, omissions or deficiencies of the Engineer or its agents, officers, employees or subcontractors. The Engineer shall not be liable for damages caused by negligence, errors, omissions or deficiencies attributable to the City. The Engineer shall not be liable for a) the City's use of incomplete work products b) the City's modifications to work products or c) the Ciry's use of work products for a project other than the projects contemplated in this agreement. The Engineer shall not be liable ,for the performance of either the original building design or the existing building construction. The Engineer shall not be responsible for delays in the project's progress caused by circumstances beyond the Engineer's control S. Errors, Omissions and Deficiencies. "Errors, omissions, and deficiencies" shall be defined as instances of failure to meet standards of practice normally observed in performing similar professional services. Nothing contained in this agreement shall expand or increase the responsibilities of the Engineer beyond the responsibility imposed by law. Agreement for Engineering Services on the Seismic Safey Corrections Project Page 3 S. Release of Work Products. Any original structural calculations, contract drawjnrs, contract specifications or other work products received or prepared by the Engineer under this agreement shall be the property of the City and shall not be released by the Engineer to any individual or organization without prior written approval of the City's project manager. 7. Copies of Work Products. If the City requests additional copies of structural calculations, contract drawings, contract specifications or other work products beyond what the Engineer must furnish in specified quantities as part of its work under this agreement, the Engineer shall provide the additional copies requested, and the City shall reimburse the Engineer for its direct costs to prepare the copies. C. THE CITY'S DUTIES AND RESPONSIBILITIES 1. General Duties and Cooperation. The City shall cooperate with the Engineer to a reasonable extent in order to help the Engineer complete all the work described in this agreement. 2. Work to be Performed. The City shall contract for materials testing, apply for all required reviews and permits, compile and distribute invitations to bid, inspect building construction, and retain other consultants which might become necessary to complete project work. D. AUTHORIZATION TO PROCEED The Engineer may proceed with its work only after execution of this agreement and after recei%ing authorization to proceed as described in Section III of this agreement. E. TIME FOR COMPLETION OF WORK 1. Time Specified. The Engineer shall complete each assigned task within the time speed in Section III of this agreement. 2. Time Extensions. The Engineer may apply to the City for time extensions needed because of delays caused by circumstances beyond the Engineer's control. The City's project manager must approve any time extensions in writing. F. TERMINATION 1. Right to Terminate. The City and the Engineer shall each retain the right to unilaterally terminate this agreement for any reason by notification in writing 14 days before termination. - 2. Compensation after Termination. If this agreement is terminated by the City, the City shall pay the Engineer an amount equal to the total compensation due for all work completed less any progress payments. If this agreement is terminated by the Engineer or because of the Engineer's default, the City shall pay the Engineer only for the portion of the Engineer's work which benefits the City. If the City and the Engineer cannot agree on the amount of final compensation after termination, they shall mutually appoint an arbiter, who shall make a final decision, binding upon both the City and the Engineer. Agreement for Engineering Services on the Seismic Safety Corrections Project Page 4 3. Surrender of Work Products upon Termination. Upon termination the Engineer shall . immediately surrender to the City any original structural calculations, contract drawings, contract specifications or other work products, completed or not, which have been received or prepared by the Engineer under this agreement. In order to receive these work products, the City shall have paid the Engineer reasonable compensation for them. Such work products shall become the City's permanent property. The Engineer shall not be liable for a) the City's use of incomplete work products b) the City's modifications to work products or c) the City's use of work products for a project other than the projects contemplated in this ageement. G. INSPECTION OF WORK AND MATERIALS The Engineer shall furnish the City with every reasonable opportunity for the City to determine that the Engineer is performing its services according to the requirements and intentions of this agreement. All work performed and all materials furnished shall be subject to inspection and approval of the City's project manager. Inspection and approval of work performed and materials furnished shall not relieve the Engineer of any obligations under this agreement. H. OWNERSHIP OF MATERIALS All original contract drawings, contract specifications or other work products received or prepared by the Engineer under this agreement shall become the City's permanent property and shall be delivered to the City on demand, provided the City has paid the stipulated fee for completion of the work products. I. INDEPENDENT JUDGMENT Failure of the City to agree in judgment with the Engineer's independent findings, conclusions, or recommendations as required under this agreement shall not be construed as a failure of the Engineer to perform the work required. J. ASSIGNMENT The Engineer shall not assign this agreement to another party without the City's prior written consent. The Engineer shall not assign work under this agreement to subcontractors other than those listed in paragraph A of this section without the City�s prior written consent. K. NOTICES All official notices required under this agreement shall be given in writing and submitted by certified mail, postage prepaid and addressed as follows: To the City: David Elliott City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 To the Engineer. John P. Nelson Howard F. Stup & Associates 601 Daily Drive, Suite 205 Camarillo, CA 931030 Agreement for Engineering Services on the Seismic Safety Corrections Project Page 5 L INDEMNITY The Engjneer shall defend, indemnify, protect and hold harmless the City and its agents, officers and employees from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Engineer's employees, agents, or offices which arise from or are connected with or are caused or claimed to be caused by the negligent acts or omissions of the Engineer and its agents, officer, or employees in performing the work under this agreement, and all expenses of investigating and defending against such claims or liability. The Engineer's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City and its agents, officers and employees. M. INSURANCE The Engineer shall.procure and maintain for the duration of this agreement insurance which meets the requirements of Attachment B to this agreement. As evidence of this insurance, the Engineer shall provide the City with a certificate of insurance and an endorsement naming the City as "additional insured'. N. ENFORCEMENT COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement may recover from the other parry its reasonable costs and attorney's fees spent in connection with such an action. 0. ENTIRETY AND INTEGRITY OF AGREEMENT This document represents the entire and integrated agreement between the City and the Engineer and supersedes all prior negotiations, representations, or agreements, either written or oral, regarding work under this agreement. This document may be amended only by written instrument, executed by both the City and the Engineer. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. SECTION III. SCOPE OF THE ENGINEER'S WORK A. GENERAL SCOPE OF WORK The Engineer shall perform structural engineering work to correct possible structural weaknesses at City Hall, Fie Station No. 2, and Fire Station No.3. This work shall focus on specific building elements and shall include specific tasks which are described elsewhere in this section. The ultimate objectives of the seismic safety corrections project shall be 1) to protect the lives of building occupants during a major earthquake and 2) to allow dispatch of emergency response workers and equipment after a major earthquake. B. TASK DESCRIPTIONS 1. Structural Analysis a. Work from record documents to complete a quantitative structural analysis for lateral seismic loading b. Analyte and design strengthening methods C. Prepare structural calculations d. Submit a report to summarize findings and recommendations Agreement for Engineering Services on the Seismic Safety Corrections Project Page a 2. Field Investigation a. Examine the existing connections of the horizontal trusses and cementitious roof panels at City Hall b. Determine the need for out-of-plane bracing at the top of non-bearing masonry. Walls at City Hall C. Perform destructive tests on the cementitious roof panel material at City Hall, d. Complete constructability reviews for proposed strengthening work at Fire Station No. 2 and Fire Station No. 3 e. Submit a report to summarize findings and recommendations 3. Construction Documents Preparation a. Prepare construction drawings on 24° X 36' mylar sheets furnished by the City b. Prepare construction specifications in the long-form CSI three-part format C. Submit original drawings and specifications- 4. Bid Assistance a. Attend the pre-bid walk-through and meeting b. Prepare addenda necessary to clarify contract documents 5. Construction Administration a. Attend the pre-construction meeting b. Attend weekly job-site meetings C. Conduct weekly job-site observations d. Submit weekly job-site observation reports e. Provide written responses to requests for information f. Assist in contract change order preparation g- Review submittals required from the construction contractor It. Complete record documents by transferring as-built information to the original construction drawines C. CITY HALL WORK 1. Affected Building Elements a. Eight basement-level columns supporting a first floor masonry wall b. Horizontal bracing at the lower chord of the roof trusses C. Cementitious roof panel connections d. Unbraced non-bearing masonry interior partitions 2. Compensation a. Structural Analysis~ $4,160 b. Feld Investigation: 52,664 C. Construction Documents Preparation: 520,116 d. Bid Assistance: For bid assistance work the City shall pay the Engineer at the hourly rates and charges listed in the fee schedule of Attachment A to this agreemenL e. Construction Administration: The compensation for construction administration work shall be negotiated at a Iater date. D. FIRE STATION NO. 2 WORK 1. Affected Building Elements a Apparatus room door opening b. Out-of-plane anchorage for masonry walls at the roof and mezzanine floor Agreement for Engineering Services on the Seismic Safety Corrections Project Page 7 2. Compensation a. Structural Analysis: 52,476 b. Field Investigation: 51,170 C. Construction Documents Preparation: 54,692 d. Bid Assistance: For bid assistance work the City shall pay the Engineer at the hourly rates and charges listed in the fee schedule of Appendix A to this agreement. e. Construction Administration: The compensation for construction administration work shall be negotiated at a later date. E. FIRE STATION NO. 3 WORK 1. Affected Building Elements a. Open bays of the apparatus room b. Out-of-plane anchorage for masonry walls at the wood-framed floor 2. Compensation a. Structural Analysis: 52,476 b. Feld Investigation: 51,170 C. Construction Documents Preparation: 54,692 d. Bid Assistance: For bid assistance work the City shall pay the Engineer at the hourly rates and charges listed in the fee schedule of Appendix A to this agreement. e. Construction Administration: The compensation for construction administration work shall be negotiated at a later date. F. PROGRESS PAYMENTS Once each month the Engineer may submit a progress payment request for work completed. Before a progress payment request for fixed fee work may be submitted, the City's project manager and the Engineer's project engineer shall agree on the percentage of work completed and the fee earned. Within 14 days of receiving a progress payment request the City shall issue payment for the fee earned. G. TIME FOR COMPLETION 1. Structural Analysis: 45 calendar days after the Engineer receives written authorization to proceed from the City's project manager 2. Feld Investigation: 14 calendar days after the structural analysis is completed and the Engineer receives oral authorization to proceed from the City's project manager 3. Construction Documents Preparation: 60 calendar days after the field investigation is completed and the Engineer receives oral authorization to proceed from the City's project manager 4. Bid Assistance: to run concurrent with advertising and awarding the construction contract S. Construction Administration: to run concurrent with the construction contract term Agreement for Engineering Services on the Seismic Safety Corrections Project Page 8 This agreement is executed by the following authorized representatives: FOR THE INGINE date FOR THE CITY: Mayor 10/2/41 date Attested, I 0 V city CleA Approved: rney ATTACHMENT A FEE SCHEDULE A. HFS&A EMPLOYEES STRUCTURAL ENGINEER SERVICES HOURLY RATE Principal/Structural Engineer . . . . . . $120 Registered Structural Engineer . . . . . . • • . • • 93 Project Professional . . . . . . . . . . . . . . . . . . 75 Structural Designer . . . . . . . . . . . . . . . . . 68 Structural Draftsperson . . . . . . . . . . . • . . . . 58 Structural Technician .. . . . . . . . . . . . . . . 55 Word Processor/Technical Assistant . . . . . . . . . . . 38 Fees for expert Witness testimony Will be billed at the rate of 61 , 200. per day ($600 . per half-day) . Preparation for testimony Will be billed at the rates given above . All hourly rates are subject to a seven percent (7%) rate increase effective January 1 of each year. All hourly rates shall be multiplied by a 1. 5 factor for all hours other than the standard Work day of 7 :00 a.m. to 6: 00 p.m. , Monday through Friday, and for time in excess of eight hours per day. B. OTHER CHARGES Subcontracted Services incl . Professionals Cost plus 15% Outside Reproduction . . . . . . . . . . . . . Cost plus 15% Outside Laboratory . . . . Cost plus 15% Out-of-Pocket Expenses . . . . • . . . . Cost plus IS% Travel and Subsistence . . . . . . . . . . . Cost plus 15% Extraordinary shipping A Mailing . . . . . . . Cost plus 15% Additional Insurance Coverage (above the existing coverage) . . . . . . Cost plus 15% Special Travel (overnight, plane, auto rental , etc. ) Cost plus 15% Automobile Mileage (outside 50-mile radius) $0.35/mile Mylar for In-House Originals . . . . . . . . . $2. 75/sq. ft. C. COMPUTER EQUIPMENT/SOFTWARE CHARGES Finita Element/SAP 90 . . . . . . 525/hour Stress . . . . . . $30/hour CAD . . . . . . S20/hour ATTACHMENT B INSURANCE REQUIREMENTS The Engineer shall procure and maintain for the duration of the agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Engineer,its agents, representatives,and employees. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office commercial general liability coverage (occurrence form CG OD01) 2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering automobile liability,code 1 (any auto). 3. Workers'compensation insurance as required by the State of California and employer's liability insurance. 4. Errors and omissions liability insurance as appropriate to the Engineer's profession. Minimum Limits of Insurance The Engineer shall maintain limits no less than: 1. General liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. N commercial general liability or other form with a general aggregate limit is used,either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile liability, $1,000,000 per accident for bodily injury and property damage. 3. Employer's liability. $1,000,000 per accident for bodily injury or disease. 4. Errors and omissions liability: :250,000 per occurrence. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,either a)the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,its officers,officials,employees and volunteers,or b)the Engineer shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: 1. The City,its officers,officials,employees, agents and volunteers are to be covered as insureds as respects a) liability arising out of activities performed by or on behalf of the Engineer b)products and completed operations of the Engineer c) premises owned,occupied or used by the Engineer or d)automobiles owned, leased, hired or borrowed by the Engineer. The coverage shall contain no special limitations on the scope of protection afforded to the City,its officers,officials,employees,agents and volunteers. 2. For any claims related to this project,the Engineer's insurance coverage shall be primary insurance as respects the City,its officers,officials,employees,agents and volunteers. Any insurance or selfynsurance maintained by the City, its officers,officials,employees,agents or volunteers shall be excess of the Engineer's insurance and shall not contribute with IL 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City.Its officers,officials,employees,agents and volunteers. 4. The Engineer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. S. Each insurance policy required by this attachment shall be endorsed to state that coverage shah not be suspended, voided,cancelled by either party,or reduced in coverage or in limits except after 30 days'prior written notice by certified mail,return receipt requested,has been given to the City. Acceptability of insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AAM. Verification of Coverage The Engineer shall famish the City with original endorsements effecting coverage required by this attachment The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work starts. C� AMENDMENT NO. 1 TO AGREEMENT 0-132-91-CC FOR. ENGINEERING SERVICES ON THE SEISMIC SAFETY CORRECTIONS PROJECT Agreement 1-132-91-CC, made on the 1st day of October, 1991 by and between the City of San Luis Obispo (°the City') and Howard F. Stup & Associates ("the Engineer"), is amended to include the following paragraphs under Section M. Scope of the Engineer's Work: •H. 955 MORRO BUILDING WORK 1. Affected Building Elements a. Unreinforced masonry walls b. Large storefront openings on the Morro Street side of the building 2. Additional Subtask Descriptions a. Under structural analysis, compare strengthening methods for improving the 955 Morro Building to both seismic zone 3 and seismic zone 4 standards b. Under field investigation, complete 10 push shear tests on the unreinforced masonry walls of the 955 Morro Building C. Under construction documents preparation, prepare an opinion of probable construction cost for the 955 Morro Building 3. Authorized Subcontractors a. Parc Geoscience, Inc. 4378 Santa Fe Road San Luis Obispo, CA 93401 b. Conrad & Okuma Architects 167 Lambert Street Oxnard, CA 93030 C. Marr Construction Management 649 W. Imperial Highway, #B Brea, CA 92621 4. Compensation a. Structural Analysis: $4,400 b. Feld Investigation: $4,400 Q Construction Documents Preparation: $15,280 d. Bid Assistance: For bid assistance work the City shall pay the Engineer at the hourly rates and charges fisted in the fee schedule of Appendix A to this agreement, which is subject to adjustment in January of each year. C. Construction Administration: The compensation for construction administration work shall be negotiated at a later date. I. ELIMINATION OF CITY HALL WORK Because of decisions made by the City about construction timing and disruption, the Engineer shall not complete the construction documents preparation task for City Hall work on the following building elements: L Horizontal brag at the lower chord of the roof trusses 2. Cementitious roof panel connections 3. Unbraced non-bearing masonry interior partitions' C-�-13 Amendment No. 1 to Agreement A-132-91-CC for Engineering Services on the Seismic Safety Corrections Project Page 2 This amendment is ezecuted.by the following,iepresentatives: FOR E E GIN ER: dice 8 � 2 FOR THE CITY: _ . -- -_ _ - �f da-Ce - Attested: City CSeik Approved: - racy