HomeMy WebLinkAbout16- Development Department D is V I L 0 PH E N T D E P A Y T " E N T
OF THE CITY OF SAE BERNARDINO
REOUEST FOR COMMISSION/COUNCIL ACTION
From: KENNETH J. HENDERSON Subject: UNREIHFORCED MASONRY
Executive Director BUILDING INSPECTION PROGRAM
Date: February 24, 1993
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Synoysis of Previous Commission/COuncil/Committee Actions)
On May 8, 1992, the Mayor and Common Council approved the fiscal year
1992/1993 Community Development Block Grant (CDBG) funding
recommendation prepared by the Community Development Citizen's
Advisory Committee (CDCAC) for a seismic retrofitting retrofitting
study for unreinforced masonry buildings in the amount of $150,000.
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Recommended Motion(s):
(Mayor and Common Council)
MOTION: That the Mayor and Common Council authorize the Executive
Director to execute contracts with Badee Engineering and
Construction, Vandani Group and Unitek Structural
Services for an amount not-to-exceed $121,041, for
testing and cost analysis of all unreinforced masonry
(Motion Continued to Next Page...)
/ b
Adm nistrator KENNETH J. HERD ON
Executive Director
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Contact Person(s): Ken Henderson/David J. Norman Phone: 5081
Project Area(s): City-wide Ward(s): All
Supporting Data Attached: Staff Report
FUNDING REQUIREMENTS: Amount: $_ 121,041 Source: 92/93 CDBG Funds
Budget Authority: Requested
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Commission/Council Notes:
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KJH:DJN:mkc:2905J COMMISSION MEETING AGENDA
Meeting Date: 3/08/1993
Agenda Item Number:
REQUEST FOR COMMISSION/COUNCIL ACTION
Unreinforced Masonry Building Inspection Program
February 24, 1993
Page Number -2-
Eeconmended Motion(s) Continued
buildings identified on the City's unreinforced masonry
building list, and further authorizing the Executive Director
to make adjustments to contract allocations as needed, but in
no case exceeding $121,041 for all contracts executed.
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KJH:DJN:mkc:2905J COMMISSION MEETING AGENDA
Meeting Date: 3/08/1993
Agenda Item Number: /�
D E V E L O P M E N T D E P A R T M E N T
OF THE CITY OF SAN BERNARDINO
STAFF REPORT
URREINFORCED MASONRY BUILDING INSPECTION PROGRAM
In June, 1992, the Community Development Citizen's Advisory Committee and
Mayor and Common Council approved a $150,000 Community Development Block
Grant (CDBG) to assist in financing engineering studies for 142 buildings
on the unreinforced masonry (URM) list, which are located in
redevelopment project areas. As originally envisioned, the grant was to
provide financing for two thirds of the total cost of the complete
engineering study, leaving the owner responsible for the remaining one
third of the cost. The engineering studies were to provide a cost
estimate to retrofit the buildings to meet San Bernardino Municipal Code
Chapter 15.12. The cost estimates would allow staff to develop financing
mechanisms to complete the retrofitting work.
On August 31, 1992, the Planning and Building Services Department
received eighteen (18) proposals in response to a Request For Proposals
(RFP) seeking qualified engineering and/or architectural firms to submit
i proposals for performing the initial structural analyses of the
commercial URM buildings.
Staff has reviewed the proposals and, after analysis, has decided on
approaching the URM situation in a two-step process. This process will
identify buildings which can be eliminated from the original URM list
through 1) a title search; and/or 2) a pachometer test. Buildings not
dropped from the original list through the title search or pachometer
test, will then qualify for an engineering study as described in
Attachment "A".
I
Staff's original proposal was to evaluate the 142 URM buildings in
Redevelopment Project Areas; however, due to the cost savings of the
two-step process, staff recommends that the program be expanded City-wide
to include all 200 URM buildings identified by the Planning and Building
Services Department. This program for identifying all URM buildings
requiring retrofitting will progress in the following manner:
1• Title Search
The Department will perform title searches for all 200 URM
buildings currently identified on the City's URM list to
eliminate buildings constructed after adequate building codes
were in place. The Planning and Building Services Department
expects that 65 of the original 200 buildings on the original
URM building list will be exempt from further testing due to
the results of the title search.
-------------+--------COMMISSION MEETING AGENDA ----
KJH:DJN:mkc:2905)
Meeting Date: 3/08/1993
Agenda Item Number: __�
DEVELOPMENT DEPARTMENT STAFF REPORT
Dnreinforced Masonry Building Inspection Program
February 24, 1993
Page Number -2-
2. Pachometer Teats
The remaining 135 buildings will then be eligible for a
pachometer test. A pachometer test is a non-destructive test used
to determine the quantity and location of reinforcing steel in
existing masonry walls. If the pachometer test report indicates
that the structure has at least 25% of the minimum reinforcing
steel required by the Building Code for reinforced masonry, the
consulting engineer will submit a report to that effect and
provide a report stating that the building does not fall within
the scope of San Bernardino Municipal Code Chapter 15.12. The
consulting engineer's reports will then be submitted to the City
for final review, approval and processing. If approved, the City
will remove the building from the URM list and notify the building
owner, thereby ending the investigation process for buildings
found to have the 25% minimum of reinforcing steel. The Planning
and Building Services Department estimates that of the
approximately 135 URM buildings undergoing pachometer testing,
approximately 27 will be deleted from future consideration.
3. Engineer Site Investigation Report and Cost Estimate
The remaining 108 URM buildings will then be selected for an
engineer's site investigation enabling the engineer to prepare an
accurate cost estimate for the retrofitting of the affected
buildings. The engineer will contact the property owner to
arrange a date and time for the investigation, during which the
engineer will discuss the retrofitting process with the owner and
such topics as present or anticipated future uses, architectural
features to be preserved, economy vs. aesthetics/function, options
for retrofitting and other topics, as appropriate. The engineer
will prepare a report and cost estimate based on the findings and
the preferences of the owner. The report will include a
description and explanation of the retrofitting methods chosen and
a component cost breakdown including estimated engineering and
plan preparation fees. City staff will review the report and
return it to the engineer for revisions as necessary. The owner
may request changes based upon his/her preferences or retrofitting
options.
Staff has been able to streamline the program and provide efficiencies
in the process which significantly reduce the program cost, allowing
this program to be offered at no charge to all participating URM
building owners City-wide. This program in no way commits owners to
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KJH:DJN:mkc:2905) COMMISSION MEWING AGENDA
Meeting Date: 3/08/1993
Agenda Item Number: ��
DEVELOPMENT DEPARTPWT STAFF REPORT
Unreinforced Masonry Building Inspection Program
February 24, 1993
Page Number -3-
retrofitting their buildings. It is possible that nearly half of the
buildings on the City-wide URM building survey will be eliminated from
the URM list, thereby releasing owners from the need for future
retrofitting.
A breakdown of project costs, to include all 200 URM buildings within
the City, is as follows:
Title Search:
200 buildings @ $25/each $ 5,000
Pachometer Tests:
135 (estimated) @ $450/each 60,750
Engineer Site Investigation/Report
108 (estimated) @ $400/each 43,200
Engineering Services (meetings) 1,500
Contingency @ 15%
(Pachometer Tests, Engineer Investigations/
Reports) 15,593
Total Program Cost $126,043
Staff recommends that the Mayor and Common Council authorize the
Executive Director to execute contracts with Badee Engineering and
Construction, Vandani Group and Unitek Structural Services for an
amount not-to-exceed $121,041, for testing and cost analysis of all
unreinforced masonry buildings identified on the City's unreinforced
mansonry building list, and further authorizing the Executive Director
to make adjustments to contract allocations as needed, but in no case
exceeding $121,041 for all contracts executed. An example of the
proposed Professional Services Agreement is attached, though Agency
counsel will add language to the agreement for CDBG compliance
(Attachment "B").
Staff recommends adoption of the form motion.
KENNETH J. HE RSON, Executive Director
Development Dep rtment
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KJH:DJN:mkc:2905J COMMIISSION MEETING AGENDA
Meeting Date: 3/08/1993
Agenda Item Number: '
AGREEMENT FOR PROFESSIONAL SERVICES
Agreement No.
THIS AGREEMENT made and entered into this 7th day of December,
1992 by and between the COMMUNITY DEVELOPMENT COPPUSSION OF THE CITY
OF SAN BERNARDINO, on behalf of the ECONOMIC DEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO, a public agency ("Agency"), and BADER
CONSTRUCTION AND ENGINEERING ("Consultant").
RECITAL
1. Purpose
The purpose of this Agreement is to allow the Agency to procure
the services of an experienced professional firm to provide
unreinforced masonry building pachometer resting, site
investigation, and retrofit cost estimates as more fully described
in Attachment "A" included and made part hereto.
TERMS AND CONDITIONS
2. Mission
Agency hereby retains Consultant in the capacity as Consultant for
provisions of services described in Attachment "A". Consultant
hereby accepts such responsibilities as described herein.
3. Terms
This Agreement shall commence on March 15, 1993 and shall remain
in full force and effect indefinitely unless sooner terminated as
provided herein. The Executive Director of the Agency or his/her
designee is authorized to alter this Agreement with a fifteen (15)
day written notice as long as any alteration(s) are upon the same
terms and conditions as specified herein.
4. Consultant Responsibilities
Upon the request of Agency's Executive Director or designee,
Consultant shall complete the work program described in Attachment
"All
5. Release of News Information
No news release, including photographs, public announcements or
confirmation of same, of any part of the subject matter of this
— 1 —
Agreement or any phase of any program hereunder shall be made
without the prior written approval of Agency's Executive Director
or designee.
6. Confidentiality of & nor a
Consultant shall keep confidential all reports, information and
data received, prepared or assembled pursuant to performance
hereunder and that Agency designates as confidential. Such
information shall not be made available to any person, firm,
corporation or entity, except the owner of an unreinforced masonry
building subject to this contract, without the prior written
consent of Agency.
7. Compensation
Total compensation for this contract not to exceed Forty Thousand
Three Hundred Forty Seven Dollars ($40,347.00). This amount
includes attendance/participation at public information meetings
billed at Consultant's hourly rate (total cost for such
participation estimated at $500.00).
Compensation to Consultant shall be paid by Agency for work
completed as certified by the City of San Bernardino Building
Inspection Supervisor. Consultant may invoice Agency no more than
monthly for work completed in accordance with Attachment "A".
Consultant shall be paid in accordance with the Agency's standard
accounts payable system. Invoices shall be approved by Agency's
Executive Director or designee.
8. Biseht to Audit
Agency or any of its duly authorized representatives shall have
access to any books, documents, papers and records of Consultant
and/Or its subcontractors which are pertinent to the specific
program hereunder for the purpose of making an audit, an
examination, excerpts and transcriptions. All books, records and
supporting detail shall be retained for a period of three (3)
years after the expiration of the term of this Agreement, or any
extension thereof, or for any longer period of time as required by
law.
9. Audit Exceptions
Consultant agrees that in the event the program established
hereunder is subjected to audit exceptions by appropriate audit
agencies, it shall be responsible for complying with such
exceptions and paying Agency the full amount of liability
resulting from such audit exceptions.
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10. Indevendent Contractor
Consultant shall perform the services contained herein as an
independent contractor and shall not be considered an employee of
Agency or under Agency supervision or control This Agreement is
by and between Consultant and Agency, and is not intended, and
shall not be construed, to create the relationship of agent,
servant, employee, partnership, joint venture, or association,
between Agency and consultant.
11. Conflict of Interest
Consultant agrees for the term of this agreement not to enter into
any agreement that will inure to the detriment of the City of San
Bernardino or its Economic Development Agency.
12. Successor and Assignment
The services contained herein are to be rendered by Consultant
whose name is as appears first above written and said consultant
shall not assign nor transfer any interest in the Agreement
without the prior written consent of Agency.
13. Indemnification
Consultant agrees to indemnify, defend (upon request by Agency)
and save harmless Agency, its agents, officers and employees from
and against any and all liability, expense, including defense
costs and legal fees, and claims for damages of any nature
whatsoever, including, but not limited to, bodily injury, death,
personal injury or property damage arising from or connected with
Consultant's operations, or its services hereunder, including any
worker's compensation suit, liability or expense, arising from or
connected with the services performed by or on behalf of
Consultant by an person pursuant to this Agreement.
14. Insurance
Without limiting Consultant's indemnification of Agency,
Consultant shall provide and maintain at its own expense during
the term of this Agreement the following program(s) of insurance
covering its operation hereunder. Such insurance shall be
provided by insurer(s) satisfactory to Agency and evidence of such
programs satisfactory to Agency shall be delivered to the
Executive Director of Agency or designee within ten (1) days of
the effective date of this Agreement.
General Liability: A program including, but not limited
to, comprehensive general liability with a combined single
limit of not less than $1,000,000 per occurence. Such
insurance shall be primary to and not contributing with any
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1
other insurance maintained by Agency, and shall name Agency
as an additional insured.
15. Compliance with Laws
The parties agree to be bound by applicable federal, state and
local laws, regulations and directives as they pertain to the
performance of this Agreement.
16. Non—Discrimination
In the fulfillment of the program established under this
Agreement, wither as to employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination,
rates of pay or other terms of compensation, selection for
training,or participation in the program or the receiving of any
benefits under the program, Consultant agrees not to discriminate
nor to allow any subcontractor to discriminate on the basis of
race, color, creed, religion, natural origin, ancestry, sex,
marital status or physical handicap.
i
17. Severability
In the event that any provision herein contained is held to be
invalid, void or illegal by any court of competent jurisdiction,
the same shall be deem severable from the remainder of this
Agreement and shall in no way effect, impair or invalidate any
other provision contained herein. If any such provision shall be
deemed invalid due to its scope or breadth, such provision shall
be deemed valid to the extent of the scope or breadth permitted by
law.
18. Interpretation
i
No provision of this Agreement is to be interpreted for or against
either party because that party or that party's legal
representative drafted such provision, but this Agreement is to be
construed as if it were directed by both parties hereto.
19. Entire Agreement
This Agreement supersedes any and all other agreements, either
oral or in writing, between the parties hereto with respect to the
retention of
Consultant by Agency and contains all the covenants and agreement between
the parties with respect to such retention.
20. Waiver
No breach of any provision hereof can be waived unless in writing.
Waiver of any one breach of any provision shall not be deemed to be a
waiver of any other breach of the same or any other provision.
— 4 —
21. Contract Evaluation and Reviev
The ongoing assessment and monitoring of this Agreement is the
responsibility of Agency's Executive Director or designee.
22. Termination
This Agreement may be terminated by either party by giving written notice
at least fifteen (15) days prior to the effective termination date in the
written notice.
23. Notic
Notices, herein shall be presented in person or by certified or
registered U.S. Mail, as follows:
To Consultant:
To Agency: Executive Director
Development Department
ECONOMIC DEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
201 North "E" Street
Third Floor
San Bernardino, California 92401-1507
Nothing in this paragraph shall be construed to prevent the giving of
notice by personal service.
24. Entire Agreement
This Agreement with attachments constitutes the entire understanding and
agreement of the parties.
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IN WITNESS wHBREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first above shown.
CORKJNITY DEVELOPPMI COMMISSION OF
THE CITY OF SAN BBRNARDIRO, on behalf
of the REDEVEWPK RI AGENCY OF THE
CITY OF SAN BERRARDIRO
BY:
Executive Director
Approved as to form and
legal content:
By:
Agency Counsel
Approved as to program:
MOEVELOPMENT AGENCY OF THE
CITY OF SAN BBRRARDINO
By:
Executive Director
CONSULTANT
BY:
29141
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ATTACHMENT "A"
Scope of Work
OWNER ROTIFICATIOR/RESPONSE• The City will be responsible for notifying
the building owners in regards to the availability and requirements of this
program. Owners expressing a desire to use the services outlined herein will
contact the City. The city will determine whether the building is located in
a redevelopment district and verify any other qualifications which may apply.
Once an applicant is approved, the Engineering Firm will be notified and shall
commence the review process.
Rote: Since it is anticipated that two or three firms will be participating in
this program, the City will make every effort to assign buildings in groups of
three or more in the interset of cost efficiency.
OWNER CONTACT: The Engineer will contact the owner to arrange a date for
the pachometer testing, and to discuss considerations regarding the testing
process.
PACHOMETER TESTS: The Engineer may subcontract with an approved Testing
Laboratory for the performance of the pachometer tests. Testing personnel
must be under the supervision of a licensed Engineer. Testing will be
conducted on at least 4 exterior walls (if all are masonry). The pachometer
test report should include the following information:
- site location,
- date of tests,
- description of equipment/methods used,
- findings,
- a sketch of the building including test locations,
- details of reinforcing steel (if found) to include size, location
and spacing,
- additional information as necessary, and
- "wet" stamp and signature of the supervising engineer.
REVIEW OF PACHOMETER REPORT: The Engineer shall review the pachometer
test report submitted by the testing laboratory for adequacy and determine if
it is acceptable.
If the test report indicates that the structure has at least 25% of the
minimum reinforcing steel required by the building code for reinforced
masonry, then the Engineer shall submit a report to this effect, and also a
statement to the effect that "the building does not fall within the scope of
the San Bernardino Municipal Code, Chapter 15.12. This report, and the test
report, shall then be submitted to the City for final review, approval, and
processing. If approved, the City will remove the building from the URM List
and notify the building owner. This would end the process for buildings found
to have the 25% of the minimum reinforcing steel.
If the test report indicates that the building has less than 25% of the
required reinforcing steel, the Engineer shall proceed to the next step.
I�
INGINKER'S SITE IF °TIGATIOi1: Prior to the s' , investigation, the
Engineer shall contoct the owner to arrange a date a._,l time (a.m. or p.m.).
The Engineer should also discuss the retrofitting process with the owner, and
such topics as:
- present or anticipated future uses,
- architectural features to be preserved,
- economy vs. aesthetics/function,
- options for retrofitting, and
- other topics as appropriate.
A field sketch of the building's floor plan should be prepared during the
Engineer's site investigation. This floor plan should show major structural
components, dimensions, and other pertinent information which will aid in
determining structural deficiencies, retrofitting requirements, and the
estimated cost of retrofitting. Shear (push) tests are not required. Mortar
quality can be estimated based on an "abrasion test".
The site investigation team shall include at least one licensed structural
engineer.
REPORT AND COST ESTIMATE• The engineer will prepare the report and cost
estimate based on his findings and the preferences of the owner. The report
shall include a description and explanation of the retrofitting methods
chosen. The cost estimate shall include a component cost breakdown (including
estimated engineering and plan preparation fees). A narrative summary of
findings, conclusions, and other retrofitting options should be included.
Once completed, copies of the Report and Costs Estimate shall be submitted to
the City and owner for review.
STAFF/OWNER REVIEW: City staff will review the report and return it to
the Engineer if revisions are necessary. The owner may request changes based
on his/her preferences or retrofitting options.
FINAL REPORT: If revisions were necessary, the Engineer shall modify
the report and resubmit it to the City and owner.
Note: Cost estimate should be accurate within 10-15 percent.
THE ATTACHED FLOWCHART ILLUSTRATES THE STEPS CONTAINED IN THIS SCOPE OF WORK.
COMPENSATION
Compensation for the services rendered under the scope of work shall be as
follows:
Pachometer Tests $450 per bldg
Engineer's Investigation,
Report, and Cost Estimate $400 per bldg
Attendance/Participation at
Public Information Meetings: Engineer's Hourly Rate
Note: The overwhelming majority of the buildings are single-story
structures and relatively small in size (2,000 to 10,000 square feet).
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