A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only this _____ day of __________, 2022, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
B&J HBK, INC. a California corporation, dba BRANDOW & JOHNSTON, hereinafter referred to as "CONSULTANT."
ANAHEIM and CONSULTANT are sometimes individually referred to herein as "Party" and collectively as "Parties."
W I T N E S S E T H:
WHEREAS, ANAHEIM is a munic ipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Anaheim; and
WHEREAS, ANAHEIM desires to obtain the services of a professional structural engineering firm for a full property condition assessment report and structural engineering evaluation report of the Anaheim Convention Center’s Car Park 2 parking garage, also know n as the Hilton Anaheim Hotel Parking Garage (Car Park 2) , as more particularly described in the Request for Proposal dated July 2022 (“RFP”), attached hereto and incorporated herein as Exhibit “B;” and
WHEREAS, CONSULTANT possesses the skill, experience, ability, background, certification and knowledge to provide the services for the Project as described in this Agreement; and
WHEREAS, ANAHEIM has solicited and received a proposal from CONSULTANT dated October 13, 2022, attached hereto and incorporated herein as Exhibit “A” ("Proposal"), has reviewed the previous experience and evaluated the expertise of CONSULTANT, and desires to retain CONSULTANT to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
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1. SERVICES TO BE PROVIDED BY CONSULTANT
In compliance with all of the terms and conditions of this Agreement, CONSULTANT shall provide professional structural engineering services, which include a full property condition assessment report and structural engineering evaluation report of the Anaheim Convention Center’s Car Park 2 parking garage, also known as the Hilton An aheim Ho tel Parking Garage (Car Park 2) to support ANAHEIM's Department of Convention, Sports & Entertainment (the "Department") Convention Center & Arena Division ("Services"). The Services are more particularly described in the RFP and CONSULTANT’s Proposal, copies of which are available in the Department of Convention, Sports & Entertainment upon request and which are incorporated herein by this reference ("Scope of Services"). ANAHEIM reserves the right to modify the Scope of Services in its sole discretion.
In the event of conflicting provisions, the provisions shall govern in the following order: (1) this Agreement; (2) RFP; and, (3) CONSULTANT's Proposal.
2. TERM
The term of this Agreement shall commence on the date this Agreement is executed by ANA HEM and shall terminate upon the completion of the Services described herein, unless terminated earlier as set forth in Section 25 herein ("Term").
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of th is Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by CONSULTANT to perform the Services in a diligent and timely manner may result in termination of this Agreement by ANAHEIM.
3.2 The time period(s) specified for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONSULTANT, including, but not restricted to, acts of God or of the public enemy, unu sually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, civil disturbance or disobedience, sabotage, restraint by court order or public authority and action or non -action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONSULTANT shall within ten (10) days of the commencement of such delay notify the Project Administrator in writing of the causes of the delay. The Project Administrator shall ascertain the facts and the extent of delay, and may extend the time for performing the Services for the period of the enforced delay if, in the judgment of the Project Administrator, such delay is justified. The Project Administrator's determination shall be final and conclusive upon the Parties to this Agreement. In the event of delay, however caused,
3 CONSULTANT's sole remedy shall be an extension of th is Agreement pursuant to this Section and CONSULTANT shall not be entitled to recover damages against ANAHEIM.
4. COMPENSATION
4.1 ANAHEIM shall pay CONSULTANT for Services rendered pursuant to this Agreement in accordance with the Fee Schedule set forth in the Proposal, attached hereto as Exhibit “A,” and incorporated herein by reference.
4.2 It is understood by and agreed between the Parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including, but not limited to, all reimbursable expenses a nd subconsultant fees, if any, shall not exceed One Hundred Twenty -Four Thousand Dollars and No/100 Cents ($124,000.00) (the “Contract Amount”).
4.3 No Extra Services shall be rendered by CONSULTANT, unless such Extra Work is first approved by written am endment to this Agreement. As used herein, “Extra Work” means any work that is determined by ANAHEIM to be necessary for the proper completion of the Services, but which is not included within the Proposal and which the Parties did not reasonably anticipa te would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work billed on a time and expense basis shall be paid in accordance with billing rates set forth in the Schedule of Compensation.
4.4 CONSULTANT shall subm it monthly invoices to ANAHEIM describing the work performed the preceding month. CONSULTANT's bills shall include the name of the person who performed the work, a brief description of the Services performed and/or the specific task in the Scope of Servic es to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. ANAHEIM shall pay CONSULTANT no later than thirty (30) days after approval of the monthly invoice by ANAHEIM staff.
4.5 All Parties recognize that the continuation of this Agreement after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or c overing such contract items as an expenditure in said budget. ANAHEIM does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adoption of the budget herein. No p enalty shall accrue to ANAHEIM in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the Parties based on items delivered, services provided, monies paid and monies due.
5. PROJECT MANAGER
5.1 CONSULTANT shall designate a Project Manager, who shall coordinate the Services. This Project Manager shall be available to ANAHEIM at all reasonable times during the Term of this Agreement. CONSULTANT has designated James Pearson to be its
4 Project Manager. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Project Manager is a substantial inducement for ANAHEIM to enter into this Agreement. Therefore, the foregoing Pr oject Manger shall be responsible during the Term of this Agreement for directing all activities of CONSULTANT and devoting sufficient time to personally supervise the provision of Services hereunder. The foregoing Project Manager may not be changed by CO NSULTANT and no other personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of ANAHEIM.
5.2 Any personnel or subconsultant, if any, who fail or refuse to perform the Services in a manner acceptable to ANAHEIM, or who are determined by ANAHEIM, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by CONSULTANT at the request of ANAHEIM. CONSULTANT warrants that it will continuously furnish the necessary personnel to complete the Services on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Convention, Sports & Entertainment Department. The employees of the Convention, Sports & Entertainment Department shall be authorized to take the following actions pursuant to this Agreement:
(i) The Executive Director of Convention, Sports & Ente rtainment is authorized to take any and all actions on behalf of ANAHEIM as set forth herein and to terminate services in accordance with Section 25 of this Agreement. (ii) The Contract Administrator is authorized to take those specific acti ons set forth herein and review and approve all Services performed by CONSULTANT under this Agreement, including any revisions to billing rates as further described in Section 4.5 above .
The Contract Administrator shall not be authorized to terminate Services under this Agreement.
7. STANDARD OF CARE
7.1 CONSULTANT shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State o f California. CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the Services. CONSULTANT warrants that all employees and subconsultants, if any, shall have sufficient skill and experience to perform t he Services assigned to them. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the professional standard of care.
7.2 CONSULTANT represent s and warrants to ANAHEIM that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of CONSULTANT to practice its profession. CONSULTANT shall maintain a City of Anaheim business license during the term of this Agreement.
5 8. FAMILIARITY WITH WORK
By executing this Agreement, CONSULTANT represents and warrants that CONSULTANT: (i) has th oroughly investigated and considered the Services to be performed; (ii) has carefully considered how the Services should be provided; and (iii) fully understands the facilities, difficulties and restrictions attending the provision of the Services under th is Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the provision of such Services or as represented by ANAHEIM, CONSULTANT shall immediately inform ANAHEIM of such fact and shall not proce ed except at CONSULTANT's risk until written instructions are received from ANAHEIM.
9. INDEPENDENT CONTRACTOR
9.1 Neither ANAHEIM 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. Except as expressly provided herein, ANAHEIM shall have no voice in the selection, discharge, supervision or control of CONSULTANT's employees, servants, representatives or agents , or in fixing their number, compensation or hours of service. CONSULTANT shall perform all services required herein as an independent contractor of ANAHEIM and shall remain at all times as to ANAHEIM a wholly independent contractor with only such obligati ons 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 ANAHEIM. ANAHEIM shall not in any way or for any purpose become or be deemed to be a part ner of CONSULTANT in its business or otherwise or a joint venture or a member of any joint enterprise with CONSULTANT.
9.2 In consideration for the compensation paid to CONSULTANT by ANAHEIM, CONSULTANT agrees that ANAHEIM shall not be liable or responsibl e for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and CONSULTANT agrees that it shall not sue or file a claim, petition or application therefor e against ANAHEI M or any of its officers, employees, agents, representatives or sureties.
10. INSURANCE
10.1 Without limiting ANAHEIM's right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
.01 Workers' Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence. .02 Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations
6 Liability, and Independent CONSULTANT’ S Liability, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible or self -insured retention is disclosed to ANAHEIM, in writing, at the inception of this Agreement. (This coverage written with a Self-Insured Retention must be submitted for approval by the Risk Manager prior to the inception of the final Agreement.)
.03 Comprehensive Automobile Liability Coverage includin g-as applicable - owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit, as required by California law.
.04 Professional Liability Insurance in an amount not less than $2,000,000 per occurrence, and CONSULTANT shall maintain such coverage for at least two (2) years from the termination of this Agreement. Such insurance shall be written on a primary basis (i.e., without a self -insured retention), but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement.
10.2 Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following cond itions: "This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellat ion for non -payment of premium which shall provide for not less than ten (10) days’ notice."
10.3 Each insurance policy required by this Agreement, excepting policies for Professional Liability and Workers' Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
.01 "It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self -insurance maintained by the City of Anaheim."
.02 "The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM-designated volunteers are added as additional insureds as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regar d to products supplied to, or work or services performed for, or related to, the City of Anaheim."
10.4 Prior to commencing any work under this Agreement and one month prior to expiration of insurance, CONSULTANT shall deliver to ANAHEIM insurance certific ates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM: (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above; or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above -referenced clauses are otherwise included in said
7 insurance policies. Insurance required hereunder shall be placed with insurers: (i) admitted to write insurance in California; (ii) possessing an A. M. Best's rating of A VII or higher; or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANA HEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the Parties agree that CONSULTANT shall fully defen d, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.
10.5 In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
.01 Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or .02 Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT's failure to maintain insurance or secure appropriate endorsements.
10.6 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT's, (or CONSULTANT's contractors/subcontractor, if any) performance of the work covered under this Agreement.
10.7 In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure, and certif y to ANAHEIM in writing that: ( i) the acts or omissions of such p ersons or firms are covered under the above -referenced liability insurance; or (ii) such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (e xcept for firms which are not performing professional services -such firms shall not be required to carry the above -referenced professional liability insurance); and in either instance, CONSULTANT shall provide, or cause to be provided, evidence of such ins urance coverage, reasonably acceptable to ANAHEIM.
10.8 ANAHEIM’s Risk Manager is hereby authorized to amend the requirements set forth herein in the event that such amendment is in ANAHEIM’s best interest based on the scope of services and nature of the project.
11. INDEMNIFICATION
11.1 As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials,
8 officers, and employees from and against any and all claims, losses , damages, defense costs, or liability, of any kind or nature, to the extent arising directly out of CONSULTANT's (or CONSULTANT's contractors' or subcontractors', if any) negligent acts, errors or omissions in the performance of professional services under this Agreement.
11.2 As respects all acts, errors or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by ISO -based general and automobi le liability insurance coverage, CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, o r liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with CONSULTANT's (or CONSULTANT's contractors' or subcontractors', if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of ANAHEIM.
11.3 The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other per son maintains, or fails to maintain, insurance coverage, or a self -insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
12. PREVAILING WAGES
Where required pursuant to the provisions of the State of California Labor Code or the Davis Bacon Act, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of workman needed to execute the work contemplated under this Agreement, shall be paid to all workmen employed on the work to be done according to this contract by CONSULTANT or any approved Subcontractor, and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. If both the Davis -Bacon Act an d State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, CONSULTANT and Subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the Cit y of Anaheim, Office of the City Clerk, 200 South Anaheim Boulevard, Anaheim, California 92805, and are available to any interested party on request.
13. PROGRESS
CONSULTANT is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired.
14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The Parties recognize th at a substantial inducement to ANAHEIM for entering into this Agreement is the professional reputation, experience and competence of CONSULTANT. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assigned, transferred or encumbered in any way without
9 the prior written consent of ANAHEIM. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to ANAHEIM. If ANAHEIM approves an assignment or transfer, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of CONSULTANT.
15. SUBCONTRACTING
Except for those subco ntractors set forth in the Scope of Services, if any, CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of ANAHEIM. CONSULTANT shall be fully responsible to ANAHEIM for al l acts and omissions of any approved subcontractor. Nothing in this Agreement shall create any contractual relationship between ANAHEIM and subcontractor nor shall it create any obligation on the part of ANAHEIM to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. ANAHEIM is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between the subcontractor and ANAHEIM pursuant to this Agreement.
16. USE AND OWNERSHIP OF DOCUMENTS AND DATA
16.1 ANAHEIM shall furnish to CONSULTANT such documents and materials as may be relevant and pertinent to the provision of services hereunder as ANAHEIM may possess or acquire.
16.2 All documents and materials furnished by ANAHEIM to CONSULTANT pursuant to Section 16.1 shall remain the property of ANAHEIM and shall be returned to ANAHEIM upon termination of this Agreement, for any reason. All documents or material prepared or caused to be prepared by CONS ULTANT, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of ANAHEIM, and ANAHEIM shall have the sole right to use such materials in its discretion without further compensation to CONSULTANT or any other party. CONSULTANT shall, at CONSULTANT's sole cost and expense, provide such documents and material to ANAHEIM upon prior written request.
Documents and material prepared by CONSULTANT pursuant to this Agreement are not int ended or represented to be suitable for reuse by ANAHEIM or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from CONSULTANT will be at ANAHEIM's sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT's deliverables under this Agreement by ANAHEIM or persons other than CONSULTANT, is waived against CONSULTANT and ANAHEIM assumes full responsibility for such changes unless ANAHEIM has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
17. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes, ideas and communications that result from the Services provided under this Agreement, shall be kept
10 confidential by CONSULTANT unless ANAHEIM authorizes, in writing, the release of said information.
18. INTELLECTUAL PROPERTY INDEMNITY
CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or docu ments provided by CONSULTANT to ANAHEIM pursuant to this Agreement.
19. RECORDS
CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with resp ect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to ANAHEIM, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of ANAHEIM to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement during r egular business hours. CONSULTANT shall allow inspection of all work, data, Documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement.
20. WITHHOLDINGS
ANAHEIM may withhold payment to CONSULTANT of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT shall not discontinue work as a result of such withholding. CONSULTANT shall have an immediate right to appeal to the City Manager or his Designee with respect to such disputed sums and his/her decision shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
21. ERRORS AND OMISSIONS
In the event of errors or omissi ons that are due to the negligence or professional inexperience of CONSULTANT which result in expense to ANAHEIM greater than what would have resulted if there were not errors or omissions in the work accomplished by CONSULTANT, the additional cost and exp ense shall be borne by CONSULTANT. Nothing in this paragraph is intended to limit ANAHEIM's rights under the law or any other sections of this Agreement.
22. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS
11 CONSULTANT acknowledges and agrees that this Agreemen t and the provision of services hereunder are nonexclusive and that ANAHEIM may enter into similar agreements with other entities for the provision of similar services.
23. CONFLICTS OF INTEREST
The CONSULTANT or its employees may be subject to the provisi ons of the California Political Reform Act of 1974 (the "Act"), which: (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement; and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
If subject to the Act, CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immedia te termination of this Agreement by ANAHEIM. CONSULTANT shall indemnify and hold harmless ANAHEIM for any and all claims for damages resulting from CONSULTANT’s violation of this Section.
24. NOTICES
All notices, demands or other writings to be made, giv en or sent hereunder, or which may be so given or made or sent by either ANAHEIM or CONSULTANT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to ANAHEIM: City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
With copies to: Executive Director of Convention, Sports & Entertainment City of Anaheim
800 W. Katella Avenue
Anaheim, California 92802
FAX No. (714) 765-8967
To CONSULTANT: B&J HBK, Inc.
dba Brandow & Johnston
Attn: James Pearson
700 S. Flower St., Suite 1800
Los Angeles, CA 90017
25. ENFORCEMENT OF AGREEMENT
25.1 Events of Default.
12 .01 For purposes of this Section 25, the word "Default" shall mean the failure of CONSULTANT to perform any of CONSULTANT's duties or obligations or the breach by C ONSULTANT of any of the terms and conditions set forth in this Agreement. In addition, CONSULTANT shall be deemed to be in Default upon CONSULTANT's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganizati on or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, ex ecution or seizure of all or a substantial portion of CONSULTANT's assets or of CONSULTANT's interests hereunder. .02 ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and until ANAHEIM has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from CONSULTANT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of ANAHEI M's obligation is such that more than thirty (30) days are required for its performance, then ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
25.2 Immediate Termination for CONSULTANT's Default. In the event of any Default by CONSULTANT, ANAHEIM may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by CONSULTANT of w ritten notice from ANAHEIM. In such event, CONSULTANT shall have no further rights hereunder, and ANAHEIM shall have all other rights and remedies as provided by law.
25.3 Termination without Cause. ANAHEIM may terminate this Agreement at any time without the necessity of cause or Default by giving seven (7) days notice in writing to CONSULTANT. In such event, the Parties shall have no further rights hereunder, except that CONSULTANT shall be paid for all services adequately rendered prior to such termin ation.
CONSULTANT may not terminate this Agreement except for cause.
26. COMPLIANCE WITH ALL LAWS
CONSULTANT shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including feder al, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by CONSULTANT shall conform to applicable local, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator.
27. WAIVER
A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
13 28. INTEGRATED CONTRACT
This Agreement and the exhibits hereto contain the entire agreement of ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement or pro mise made by either ANAHEIM or CONSULTANT which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose.
29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits or any other attachments attached hereto, the terms of this Agreement shall govern.
30. INTERPRETATION
Each Party acknowledges that he / she / it has had the ben efit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both CONSULTANT and ANAHEIM and approved as to form by the City Attorney.
32. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall no t be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
33. REMEDIES CUMULATIVE
The remedies given to ANAHEIM and CONSULTANT herein shall be cumulative and are given withou t impairing any other rights given ANAHEIM or CONSULTANT by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by ANAHEIM or CONSULTANT shall not exclude the exercise of any other remedy.
34. NO THIRD PARTY BENEFICIARIES
14 The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shal l govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
36. DISCRIMINATION
CONSULTANT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibited basis in its provision of Services or hiring of subcontractors or employees. To the extent this Agreement provides that CONSULTANT offer accommodations or services to the public, such accommodations or services shall be offered by CONSULTANT to the public on fair and reasonable terms.
37. AUTHORITY
Each individual executing this Agreement on behalf of a corpora tion, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the sa me in accordance with its terms. CONSULTANT shall, at ANAHEIM's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.
38. EFFECTIVE DATE
This Agreement shall be effective on the dat e on which this Agreement is executed by ANAHEIM ("Effective Date").
[Signatures on Following Page]
15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
DATE OF EXECUTION:
CITY OF ANAHEIM
a municipal corporation
By:
Tom Morton
Executive Director of Convention, Sports &
Entertainment
“ANAHEIM”
ATTEST:
By:
City Clerk of Anaheim
DATE OF EXECUTION:
B&J HBK, INC. a California corporation, dba
BRANDOW & JOHNSTON
By:
Title:
Printed Name:
“CONSULTANT”
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By:
Bryn M. Morley
Deputy City Attorney
Dated:
Attachments: Exhibit A
Exhibit B
147071
1 EXHIBIT A
STARTS AFTER THIS PAGE
B R A N D O W & J O H N S T O N
Structural & Civil Engineers
700 South Flower Street, Suite 1200, Los Angeles, CA 90017 T 213 596 4500 3300 Irvine Avenue, Suite 245, Newport Beach, CA 92660 T 949 862-8500 PROJECT:Hilton Anaheim Hotel Parking GarageDATE:10/13/2022 Property Condition Assessment and Structural Evaluation Report REQUESTED BY:Tarisa Calato for Tom Morton
[email protected]
DESCRIPTION OF STRUCTURAL ENGINEERING SERVICES:
This proposal is for a Property Condition Assessment Report and Structural Evaluation Report for the Parking Garage portion of the Hilton Anaheim located at 777 West Convention Way, Anaheim, CA 92802.
Refer to ATTACHMENT A for a detailed description of the scope of services included in this proposal.
Refer to ATTACHMENT AB for an estimated project schedule. Note that based on current workload, B&J will be available to start the project on December 1, 2022.
ADDITIONAL SERVICES: Scope and fee for additional services, if any, will be as mutually agreed in writing by B&J and Client.
CLIENT'S RESPONSIBILITIES: Client shall provide full information regarding requirements for the Project and shall designate, when necessary, a representative authorized to act in the Client's behalf with respect to the Project. The Client or Client's authorized representative shall review documents submitted by B&J and render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of B&J's services. The Client shall furnish required information as expeditiously as necessary for the orderly progress of B&J's services and B&J shall be entitled to rely upon the accuracy and completeness thereof.
Client also agrees to provide B&J with all reports regarding the findings and recommendations provided by appropriately licensed or qualified persons from surveys of the Project site and facilities.
COMPENSATION: B&J shall be paid for these services on the basis of a lump sum fixed fee which includes compensation for professional services performed by B&J and its consultants as described in this Agreement. In addition to the lump sum fixed fee, B&J shall be paid for Reimbursable Expenses and cost of professional services performed by others not specifically included in the description of services for this Agreement as described in SECTION II – Reimbursable Expenses; approved additional services as mutually agreed between B&J and Client; and Premium Payments for Overtime Work approved in advance by the Client.
ENGINEERING FEE:
TASK FEE
Property Condition Assessment Report
(Per ASTM E2018-15 with 10-Year Capital Expenditure Plan) $6,000
Structural Engineering Evaluation Report
Gravity system evaluation (incl. on-site observations) $28,000 Document history of known structural work by B&J and others $6,000 Seismic evaluation (ASCE 7 Tier 1 & 2) $48,000
Report with conceptual plans & details $24,000
Cost estimate of proposed repairs & seismic retrofit $12,000 TOTAL FEE (Lump Sum) $124,000
The proposed B&J engineering fees are valid for a period of 3 months from the date of proposal unless this proposal is withdrawn or otherwise revised by B&J.
Proposal for Structural Engineering Services
Proposal for Structural Engineering Services H
B R A N D O W & J O H N S T O N
Structural & Civil Engineers
700 South Flower Street, Suite 1200, Los Angeles, CA 90017 T 213 596 4500 3300 Irvine Avenue, Suite 245, Newport Beach, CA 92660 T 949 862-8500
GENERAL TERMS OF AGREEMENT
SECTION I. Definitions
The following are definitions of certain terms as used in this Agreement:
A. "Direct Personnel Expense". Direct salaries earned by productive personnel while performing services directly related to each work assignment and by their supervisors plus the cost for mandatory and customary benefits provided by B&J to such individuals. Direct salaries are computed by using total hours employed on each work assignment multiplied by the regular hourly rate of pay.
B. "Overtime Work." Hours worked by each employee in excess of the normal daily schedule or 40 hours each week, whichever is greater.
C. "Premium Payments for Overtime Work". Direct salaries earned by each employee as computed using hours of overtime work multiplied by one-half the regular hourly rate of pay.
D. "Certify", "Certification". These or derivative words when used in this Agreement or in any document developed or arising out of this Agreement or services provided by B&J hereunder, mean the provision by B&J of its professional opinion of Project conditions which result from knowledge of B&J, its employees, or consultants that is gained from visual observations that have been performed. Certification by B&J, its employees and consultants shall not relieve any other party of any contractual or customary responsibility or obligation.
E. "Purchase Order". This term or such document, if used, by the Client in connection with this Project shall be considered an accounting convenience for the Client in terms of defining a basis for tracking project accounting for the Client only. All terms and conditions, if any, appearing on or attached to or referenced by a Purchase Order (other than reference to this Agreement) are void and are superseded by the terms and conditions of this Agreement.
F. "Cost Estimate". This term or derivative terms mean a professional opinion provided by B&J or its consultants of the probable construction cost of the Project. In providing opinions of probable construction cost, the Client understands that B&J has no control over costs or the price of labor, equipment or materials, or over the construction contractor's method of pricing, and that the opinions of probable construction costs provided are made on the basis of B&J's qualifications and experience. B&J makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to actual bids or actual costs.
SECTION II. Reimbursable Expenses
B&J may incur expenses such as the following while performing the required services. None of these expenses are included in the Compensation for services. When requested by the Client, B&J may incur such expenses which shall be reimbursed by the Client as follows:
A. On the basis of cost plus 15%, unless prepaid by Client, for items such as the following:
1. Fees paid for securing approvals of documents prepared by B&J and its consultants by authorities having jurisdiction over the Project.
2. Transportation, lodging and subsistence costs for travel to points outside Los Angeles and Orange Counties.
3. Communication costs including delivery charges, express mail and postage.
4. Fees and expenses for special consultants and for other services and data furnished on behalf of the Client.
5. All charges relating to photographs, photostats and other special reproductions required for the Project.
6. Expenses for reproduction, binding, and delivery of technical reports; of all construction documents issued to Client, contractors, B&J and others; and of all leasing data required by Client or its consultants.
B. Travel utilizing personal vehicles shall be reimbursed at $0.585 per mile plus tolls and parking expenses C. Travel utilizing shared ride services (such as Uber, Lyft, etc.) or car sharing services (such as ZipCar, etc.) shall be reimbursed on the basis of cost plus 15%.
D. On the basis of cost for Premium Payments for Overtime Work required for the Project.
SECTION III. Payments Due
All Compensation for professional services earned and Reimbursable Expenses incurred shall be due and payable monthly upon presentation of invoices therefore, with payment of 75% of the Engineering Fee to be received prior to issuance of any construction documents for review by governmental agencies having jurisdiction. Client concurs that time is of the essence with respect to payment of these invoices, and that timely payment is a material part of the consideration of this Agreement. If payment in full is not received by B&J within 30 days after such presentation, B&J shall:
A. Be paid a monthly service charge (not an interest charge) of 1-1/2% per month on the unpaid balance from the date of the invoice, but the payment of such charge shall not excuse the default in payment; and B. Have the right to:
1. Suspend all work until payment is received and at no liability to B&J if Client is damaged by the suspension; and/or,
2. Terminate the unperformed portion of this Agreement at no liability to B&J if Client is damaged by the termination.
Proposal for Structural Engineering Services H
B R A N D O W & J O H N S T O N
Structural & Civil Engineers
700 South Flower Street, Suite 1200, Los Angeles, CA 90017 T 213 596 4500 3300 Irvine Avenue, Suite 245, Newport Beach, CA 92660 T 949 862-8500 Any payment received by B&J more than 30 days after presentation of invoice to Client shall first be applied to accrued service charge and then to the principal unpaid amount. Payment of invoices is in no case subject to reduction, discounting, or set-off by Client. In addition to all other amounts to be paid to B&J, Client shall reimburse B&J for all costs and expenses incurred, including consultants' and attorneys' fees and Direct Personnel Expense plus 100% for personnel of B&J, should B&J institute collection procedures, commence arbitration, or file suit to collect amounts due to B&J under this Agreement.
SECTION IV. Services
During the performance of professional services under this Agreement, instruments of service such as design studies, engineering calculations, drawings, specifications and other documents will be prepared as required to communicate the intent and detailed requirements for the Project. These documents may represent imperfect data and may contain conflicts, errors, omissions and code violations which will be corrected when identified. B&J, its employees and consultants use that standard of care, skill and diligence customarily followed by architects and engineers in this and similar communities.
Construction is the sole responsibility of the Contractor(s) and B&J does not guarantee the work of any Contractor(s).
SECTION V. Ownership of Documents and Indemnity for Unauthorized Use Reports, drawings, calculations, specifications, and other Instruments of Service, whether in hard copy or machine readable form, are and shall remain the property of B&J. Client shall be permitted to retain copies, including reproducible copies, of the reports, drawings and specifications and, following completion of the Project, the original drawings and specifications for information and reference in connection with the use and occupancy of the Project by Client. Submission or distribution of these documents to meet official regulatory requirements or for similar purposes in connection with the Project is not publication which is prohibited hereby. Client hereby releases B&J and agrees to defend, indemnify, and hold B&J, its partners, employees, and consultants harmless of, from and against any claims, loss, cost damage or expense of any nature, including attorneys' fee, arising out of, based upon, or relating to any use of these documents under any circumstances in which B&J is not then performing services on the project for which the documents are being used.
SECTION VI. Limitation of Liability and Remedy
Client agrees that, notwithstanding any law or any provision of this Agreement to the contrary, any liability related to this Agreement and the services hereunder, which is the result of the negligent acts, errors or omissions of B&J, its partners, employees, agents and consultants and any remedy therefore to Client and to all construction Contractors, Subcontractors and suppliers related to this Agreement or to the services provided hereunder, shall be limited solely to insurance proceeds in the amounts of General Liability of $1 million single occurrence and $2 million in the aggregate and Professional Liability to $2 million single occurrence and $2 million in the aggregate. In no event shall any such liability or remedy for any such liability exceed an amount equal to the total Engineering Fee recorded on this Authorization which has been paid to B&J for this Project. Neither the assets nor any other property of any partner, employee or agent of B&J shall be subject to any liability, claim, remedy, execution or obligation of any nature arising out of or related to this Agreement or to the services provided hereunder. Further, in no event shall either party be liable to the other for consequential damages, incidental damages, or any economic loss damages relating to this Agreement or the Project.
SECTION VII. Suspension
If B&J’s work on the project is suspended for more than 120 days at the direction of the Client or Owner, the Client shall compensate B&J for all services performed by B&J prior to the suspension. When the project is resumed B&J’s fees for the remaining services shall be equitably adjusted, including expenses incurred due to interruption and resumption of B&J’s services and any changes in project requirements.
SECTION VIII. Termination
This Agreement may be terminated upon written notice of 7 days by Client should the Project be permanently abandoned or by B&J prior to written approval by Client of the schematic design or other initial phase documents. In the event of termination, the Compensation earned by B&J for all services performed through the period of notice shall be increased by 5%. Upon termination, all invoices presented by B&J for services and for Reimbursable Expenses shall become immediately due and payable.
SECTION IX. Dispute Resolution
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be initially submitted to mediation conducted in Los Angeles, California. In the event mediation does not successfully resolve the dispute, either party may pursue resolution in a court of competent jurisdiction located in Los Angeles County, California.
SECTION X. Indemnification of B&J
Client releases and shall defend, indemnify and hold B&J, its partners, employees, and consultants harmless of, from and against any and all claims, costs, expenses (including attorney's fees), judgments, penalties, liabilities or losses of any kind Proposal for Structural Engineering Services H
B R A N D O W & J O H N S T O N
Structural & Civil Engineers
700 South Flower Street, Suite 1200, Los Angeles, CA 90017 T 213 596 4500 3300 Irvine Avenue, Suite 245, Newport Beach, CA 92660 T 949 862-8500 whatsoever arising out of (a) the presence of hazardous materials on the job site, (b) the dispersal, discharge, escape, release, saturation or other presence of any kind of contaminant or pollutant in connection with the Project, (c) requirements of the Americans with Disabilities Act, Public Law 101-336, which have not been incorporated into the building codes applicable to the Project, and (d) erroneous information or direction given to either Client or B&J by government officials.
This SECTION X shall remain in effect and survive the suspension, abandonment, termination, or completion of this Agreement.
SECTION XI. Governing Law
This Agreement shall be governed by the laws of the State of California. Applicable governmental regulations, building codes and ordinances in effect at the date of this Agreement shall govern the professional services performed under this Agreement.
SIGNATURES
IN WITNESS WHEREOF, on the day and year first written above, the parties hereto have executed this Agreement in multiple counterparts, each of which counterpart shall be deemed an original.
BRANDOW & JOHNSTON (B&J HBK, Inc.) CLIENT:City of Anaheim 800 West Katella Avenue
Anaheim, CA 92802
By: _________________________________________ By: ____________________________________ James Pearson, SE 4335
President
_________________________________________ ____________________________________ Date
CLIENT, PLEASE RETURN A SIGNED COPY AS AUTHORIZATION TO PROCEED O:\PROPOSALS\2022\01_JP Proposals\ACC - Carpark 2 (under Hilton) Facility Assessment\2022-10-13_PROPOSAL for Hilton Anaheim Parking Garage Property Condition and Structural Evaluation Report.docx Proposal for Structural Engineering Services H
B R A N D O W & J O H N S T O N
Structural & Civil Engineers
700 South Flower Street, Suite 1200, Los Angeles, CA 90017 T 213 596 4500 3300 Irvine Avenue, Suite 245, Newport Beach, CA 92660 T 949 862-8500
ATTACHMENT A
DETAILED SCOPE OF SERVICES
The project includes two reports for the Parking Garage portion of the Hilton Anaheim as follows with the scope of each report defined below:
1. Property Condition Assessment Report:
2.Structural Engineering Evaluation Report
PROPERTY CONDITION ASSESSMENT REPORT:
The Project Condition Assessment Report prepared per industry standards, and purpose and process outlined in the ASTM E2018-15 Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process, including but not limited to:
1. Site visit to the Garage to observe existing condition,
2. Review of all available documentation provided by the City of Anaheim or others (building permits, as- built drawings, O&M manuals, maintenance contracts, ratings, deleterious materials record documentation, etc.).
3. Review of all available information on any major repair or renovation projects carried out over the last 10 year provided by the City of Anaheim or others (scope, warranties, costs, etc.).
4. Carry out seismic & structural analysis and due diligence of the building based upon current or known guideline procedures for existing buildings (via B&J)
5. Report on findings in writing including plans and sketches identifying areas of deficiencies (if any) and possible preliminary retrofit options if required
6. Identify areas of structural and physical deficiencies Items to be reviewed will include:
1. Site
2. Structure (general condition only)
3. Building Enclosure
4. Building Interior
5. Life Safety/ Fire Protection Systems
6. Mechanical, Electrical, Plumbing Systems
7. Building Equipment
8. Building, Fire and Zoning Code Review
9. Seismic Analysis
10. ADA/Accessibility
Deliverable:
The deliverable will be a comprehensive property condition report, including a 10-year capital expenditure plan, as per ASTM E2018-15 Standard Guidelines for Property Condition Assessments.
IMPORTANT NOTE:
Scope changes from the RFP are delineated as such:
Underline – Additions for clarification
Strikethrough – Deletions for scope included in the Structural Engineering Evaluation Report that is not included in the Property Condition Assessment Report.
Proposal for Structural Engineering Services H
B R A N D O W & J O H N S T O N
Structural & Civil Engineers
700 South Flower Street, Suite 1200, Los Angeles, CA 90017 T 213 596 4500 3300 Irvine Avenue, Suite 245, Newport Beach, CA 92660 T 949 862-8500 STRUCTURAL ENGINEERING EVALUATION REPORT:
The Structural Engineering Evaluation Report will provide a review of the gravity framing system and the seismic lateral force resisting system. The review of the gravity framing system will include a review of the external post-tensioned retrofits that were added to the structure.
The tasks included in this evaluation include the following:
1. Site visit to the Garage to observe existing conditions, including the external PT retrofits.
2. Review of all available documentation provided by the City of Anaheim and in Brandow & Johnston records (structural drawings, prior reports issues by B&J, etc).
3. Carry out seismic evaluation per ASCE 41 Tier 1 & Tier 2 procedures. The analysis procedure will be linear static or linear dynamic. Non-linear analysis is not included.
4. Review of the external PT system.
5. Identify areas of structural deficiencies found in the analysis.
6. Identify general physical deficiencies observed in the field. A full documented survey of physical deficiencies or damage (e.g. crack or spall survey) is not included.
7. Report on findings in writing including plans and sketches identifying areas of deficiencies (if any) and possible preliminary retrofit options, if required.
8. Cost estimate for repairs or retrofit options. The estimate will be for the specific construction costs of any proposed repairs or retrofit. The estimate will be done in today’s dollars with estimated escalation.
This is not a fixed timeline capital expenditure projection.
Deliverable:
The deliverable will be a Report including the following:
General description of the property and structural system. History of B&J observations and consultation of the parking structure. Identifying structural deficiencies observed in during the site visit. Structural evaluation of gravity and external post-tensioned systems. The evaluation is not a full structural analysis of building.
Description and results of the ASCE 41 Tier 1 & Tier 2 seismic evaluation including relevant checklists. Description of proposed structural repairs and/or retrofits from observed deficiencies, review of the gravity system and seismic evaluation.
Conceptual plans and details of proposed repairs and/or retrofits sufficient for rough order of magnitude (ROM) cost estimate.
Cost estimate of conceptual repairs and/or retrofits.
Proposal for Structural Engineering Services H
B R A N D O W & J O H N S T O N
Structural & Civil Engineers
700 South Flower Street, Suite 1200, Los Angeles, CA 90017 T 213 596 4500 3300 Irvine Avenue, Suite 245, Newport Beach, CA 92660 T 949 862-8500
ATTACHMENT B
ESTIMATED SCHEDULE
TASK Estimated
Schedule
Project Kick-off & Scheduling 1 week
Property Condition Assessment Report
(This report can be delivered as soon as it is finished) 2 weeks*
Structural Engineering Evaluation Report
Gravity system evaluation (incl. on-site observations) 4 weeks* Document history of know structural work by B&J and others 2 weeks* Seismic evaluation (ASCE 41 Tier 1 & 2) 6-9 weeks*
Report with conceptual plans & details 3 weeks
Cost estimate of proposed repairs & seismic retrofit 2-3 weeks TOTAL TIME 12-16 weeks
*Concurrent Tasks
1 EXHIBIT B
STARTS AFTER THIS PAGE
Garage Hilton Anaheim 1
13th June 2022
Classification: Internal - ADIA and Business Partners
1. INTRODUCTION
1.1 Background
The parking garage (the “Garage”) at Hilton Anaheim Hotel is owned in a Joint Venture. The Garage is part of a complex including the Anaheim Hilton Hotel and is located on the north side of the hotel lobby, accommodates approximately half of the plan area of the lowest six floors of the building. Above the sixth floor, the building extends a further nine floors essentially containing the hotel suites. The existing building, built circa 1983, typically comprises reinforced concrete flat slab construction with reinforced concrete shear walls and moment frames at the upper levels. The parking structure slab has been strengthened by adding exterior Post Tensioning (PT ) cables in the early 90’s.
The CITY OF ANAHEIM is seeking to perform a full Property Condition Report on the Garage, including the full seismic evaluation of the existing parking structure and PT cable system. This PCA the client scope, industry standards, and purpose and process outlined in the ASTM E2018-15 Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process.
1.2 Objective
The CITY OF ANAHEIM is looking to solicit a (A) property condition report (“PCR”) and (B) structural engineering report to
1. Establish a complete assessment of the current structural and physical condition of the parking garage, especially with regards to seismic activity, fire life safety and operational viability of the garage; and
2. Quantify all repair, maintenance and replacements costs over a 10 year time horizon to bring the garage to standard.
The structural engineer report shall be made available to the selected consultant for incorporation in to the PCR and shall be fully integrated into their findings and costings.
2. PROPERTY CONDITION REPORT INSTRUCTIONS
2.1 Service
This Project Condition Assessment should follow the client scope, industry standards, and purpose and process outlined in the ASTM E2018-15 Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process, including but not limited to:
1. Site visit to the Garage to observe existing condition,
2. Review of all available documentation (building permits, as-built drawings, O&M manuals, maintenance contracts, ratings, deleterious materials record documentation, etc.).
3. Information on any major repair or renovation projects carried out over the last 10 year (scope, warranties, costs, etc.).
4. Carry out seismic & structural analysis and due diligence of the building based upon current or known guideline procedures for existing buildings (via B&J)
5. Report on findings in writing including plans and sketches identifying areas of deficiencies (if any) and possible preliminary retrofit options if required
6. Identify areas of structural and physical deficiencies
2.2 Scope
The scope will include:
Garage Hilton Anaheim 2
13th June 2022
Classification: Internal - ADIA and Business Partners
1. Site
7. Structure
8. Building Enclosure
9. Building Interior
10. Life Safety/ Fire Protection Systems
11. Mechanical, Electrical, Plumbing Systems
12. Building Equipment
13. Building, Fire and Zoning Code Review
14. Seismic Analysis
15. ADA/Accessibility
2.3 Deliverables
The deliverable will be a comprehensive property condition report, including a 10 year capital expenditure plan, as per ASTM E2018-15 Standard Guidelines for Property Condition Assessments
3. STRUCTURAL ENGINEER REPORT REVIEW
3.1 Service
The structural engineer is expected to carry out the following diligence:
1. Site visit to the Garage to observe existing condition, including PT
2. Review of all available documentation (structural drawings, prior reports issues by B&J, etc).
3. Carry out seismic analysis and due diligence of the building based upon current or known guideline procedures for existing buildings
4. Review PT system
5. Identify areas of structural and physical deficiencies
6. Report on findings in writing including plans and sketches identifying areas of deficiencies (if any) and possible preliminary retrofit options if required
3.2 Scope
The scope will include:
1. Seismic Analysis
2. Structural Analysis
3. PT Evaluation
3.3 Deliverables
The deliverable will be a report that will list all structural deficiencies for the Garage and remediation/ repair works for these. The report shall include a 10- year capital expenditure projection (assuming union labor and price escalation).