HomeMy WebLinkAboutC-8902-1 - PSA for Staff Augmentation and Plan Review Servicesl
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(37' PROFESSIONAL SERVICES AGREEMENT
QD WITH SENECA STRUCTURAL ENGINEERING, INC. FOR
► STAFF AUGMENTATION AND PLAN REVIEW SERVICES
V
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 5th day of July, 2022 ("Effective Date"), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
SENECA STRUCTURAL ENGINEERING, INC., a California corporation ("Consultant"),
whose address is 20341 SW Birch Street, Suite 320, Newport Beach, California 92660,
and is made with reference to the following:
RECITALS
A. City is a municipal 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 City.
B. City desires to engage Consultant to Staff Augmentation and Plan Review
Services ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, 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, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty
Thousand Dollars and 00/100 ($120,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.2 Consultant shall submit monthly invoices to City 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 Services 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. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Kenneth Dirk Bondy, S.E.
to be its Project Manager. Consultant shall not remove or reassign the Project Manager
or any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Acting Deputy Community Development Director/Chief Building Official or designee
shall be the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
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requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and 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 Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties"), from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them, and/or if it is subsequently determined that an employee of Consultant is not an
independent contractor.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
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limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
10.2 Consultant agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall: work full-time for more than six (6)
months; work regular part-time service of at least an average of twenty (20) hours per
week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or
already be a CalPERS member.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
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construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City 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 expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City 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 City'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 City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, 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 City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City 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 designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Acting Deputy Community Development Director/Chief Building
Official
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Kenneth Dirk Bondy, S.E.
Seneca Structural Engineering, Inc.
20341 SW Birch Street, Suite 320
Newport Beach, CA 92660
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 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 federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 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
Seneca Structural Engineering, Inc. Page 9
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall 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, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTO NEY'S OFFICE a California municipal corporation
Date: Date: 7 f 5[ 20 Z Z
By: ABy:
A r n C. Harp Gra eung
City Attorney Cit ages
ATTEST: 7
Date:
I I L I, / MI*
Gi�►u�
CONSULTANT: eca Structural
Engineering, Inc. aliZocmL corporation
Date: ��� Zvi
By: 41
Kenn Di ondy
Chie xe tive Officer / Chief Financial
Officer / S6cretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Seneca Structural Engineering, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
ON -CALL STRUCTURAL REVIEW
Consultant shall assist city staff with special projects involving the review of complex
structural design on as -needed basis. Consultant shall:
• Provide on -call plan review of complex structural design for conformance to the
latest adopted codes and standards.
• Provide written notification to each applicant, consisting of a complete
electronically -generated plan check letter which outlines the documents reviewed,
instructions to the applicant regarding the processing of documents, and a listing
of plan check comments. The plan check comments will refer to appropriate
sheets, details or calculations pages and the code section of concern. Comments
shall specify the apparent code violation.
• Be available during regular business hours to discuss and clarify plan check issues
with applicants, designers, owners and consultants. Resolution of code issues may
be performed by telephone, or meetings prior to resubmitting corrected plans and
documents.
• Attend all required meetings as directed by the Chief Building Official.
Turn -Around Schedule:
Consultant shall complete each review, off site, within the time specified below:
• First Check: Ten (10) working days from submittal by applicant.
• Subsequent Checks: Five (5) working days.
Qualifications:
Consultant's personnel performing the services shall have the following minimum
qualifications:
• Experience: Ten years of experience reviewing complex structural design.
• Training: Master's degree from an accredited college or university with major
coursework in structural engineering.
• License/Certificate: Possession of a valid California driver's license. Possession of
State of California registration as a professional structural engineer.
Other Requirements:
• Supervision Received and Exercised: Consultant will receive direction from the
City's Chief Building Official.
• Hours of Work: Consultant shall be available during regular business hours.
SENECA STRUCTURAL
ENGINF.EPJNGf INC...
STATEMENT OF QUALIFICATIONS
Seneca Structural Engineering, Inc. (SSEI) is a consulting structural engineering firm
based in Newport Beach, California specializing in post -tensioned concrete design and
analysis and seismic design. SSEI was incorporated in 1998 (EIN 33-0782174) and has
since become one of the most respected leaders in the post -tensioning and seismic design
community. The firm has been responsible for the design of millions of square feet of
parking structures, hotels, offices, residential structures, podium -style structures as well
as mixed -use facilities.
In 2002, our knowledge and experience with the repair and strengthening of concrete
structures as well as creative software development spawned the contracting firm "The
Great American Cable Company II, Inc." (CA Contractor License No. 812081) which
specializes in the strengthening and repair of existing structures utilizing external post -
tensioning (post -tensioning reinforcing placed outside of the existing concrete elements).
K. Dirk Bondy is the Responsible Managing Officer (RMO) for the contracting company.
In 2009, we established Seneca Software Solutions to further advance and market the
post -tensioning design software PTData and PTPlus. In addition, in 2010 we published
the first edition of our book "Post -Tensioned Concrete, Principles and Practice" which is
currently in its 41h edition and used at both UCLA and Cal Poly, San Luis Obispo by Dirk
Bondy to teach the Design of Prestressed Concrete.
Our firm has been hired to plan check and/or peer review projects for the cities of
Newport Beach and San Francisco. Dirk Bondy also sits on the California State
University Seismic Review Board, which is responsible for the seismic peer reviewing of
all construction on all CSU campuses.
Both principals of the firm are active members of the American Concrete Institute and the
Post -Tensioning Institute.
Contact Information:
Seneca Structural Engineering, Inc.
20341 SW Birch Street, Suite 320
Newport Beach, CA 92660
949-432-5622
K. Dirk Bondy, S.E. — President (SE License S3921)
Email: Dirk'd,sel1erastrLICtLn-al.CoIll
Website:
Bryan Allred, S.E. — Vice President (SE License S4507)
Email: Rr�an.-�4senecastcuctural.cum
Website: www.SenecaStructural.com
2e341 5W BIRCH STREET, SUITE 32e • NEWPORT BEACH, CA 92660
TELEPHONE 949.432.5622
SENE
ORGANIZATIONAL INFORMATION
Key Personnel:
K. Dirk Bondy, S.E. — President (SE License S3921)
Email: Dirk,",:I.senecastructural.coni
Website: �\%«\.ScnccaStructtlral.com
Bryan Allred, S.E. — Vice President (SE License S4507)
Email: Brvan,c/,senecastructural.com
Website: \\\\N,c.ScnccaSti-uctural.com
See attached for resumes of both principals. We will not be utilizing any subcontractors
for this work.
20341 5W 51RGN STREET, SUITE 320 • NEWPORT 5EAGH, GA 92660
TELEPHONE 949.432.5622
K. DIRK BONDY
Structural Engineer
President, Seneca Structural Engineering, Inc.
President, The Great American Cable Company II, Inc.
20341 SW Birch Street, Suite 320
Newport Beach, CA 92660
949.432.5622 x 1
e-mail: Dirk@.senecastructural.com
Dirk Bondy has been a practicing engineer since 1989. His professional interest and expertise is
in the area of post -tensioned and reinforced concrete, seismic design, seismic retrofit and vertical
load retrofit. In addition to his structural design experience, Mr. Bondy teaches Prestressed
Concrete Design at the University of California at Los Angeles and at Cal Poly San Luis Obispo.
He has also been an instructor at the University of California, Irvine and California Polytechnic
State University, Pomona where he taught courses on Pre -stressed Concrete Design, Reinforced
Concrete Design, Steel Design, Structural Design and Seismic Design. He is co-author of the book
Post -Tensioned Concrete Principles and Practice, and has been published in numerous journals
and conference proceedings. He is a registered Civil and Structural Engineer in the states of
California, Nevada, Hawaii, Utah and Arizona as well as a licensed C50 contractor in the state of
California.
BORN
April 6, 1965 in Burbank, CA
EDUCATION
California Polytechnic State University, San Luis Obispo, BS, Architectural Engineering, 1988
University of California, Berkeley, MS, Civil: Structural Engineering, 1989
UNIVERSITY LECTURING EXPERIENCE
University of California, Los Angeles
CEE 143 Prestressed Concrete Design 201 1-Present
California Polytechnic State University, San Luis Obispo
ArcE 400 Design of Prestressed Concrete 2014-Present
California Polytechnic State University, Pomona
EGR 522 Advanced Concrete Design; Fall Quarter 1992-1995
EGR 517 Advanced Steel Design; Winter Quarter 1993-1995
EGR 566 Aseismic Design; Spring Quarter 1994-1996
EGR 523 Prestressed Concrete Design; Summer Quarter 1994-1995
University of California, Irvine
CE 154 Reinforced Concrete Design; Fall Quarter 1996-1997
CE 156 Structural Design; Spring 1996-1997
CE 155 Steel Design; Winter 1997
PROFESSIONAL PRACTICE
1998-Present
President
Seneca Structural Engineering, Inc.
Newport Beach, CA
2002-Present
President
The Great American Cable Company II, Inc.
Newport Beach, CA
A contracting firm specializing in the repair, strengthening and retrofit of existing
concrete buildings using externally applied post -tensioning tendons.
PROFESSIONAL AFFILIATIONS
American Concrete Institute, current Member of ACI 318-T
The Post -Tensioning Institute, former member of the Technical Activities Board
BOARD MEMBERSHIP
California State University Seismic Review Board (2017 — Present)
Newport Beach Building and Fire Board of Appeals (2021 — Present)
PUBLICATIONS AND PRESENTATIONS
Bondy, K. Dirk & Allred, Bryan (2012). Post -Tensioned Concrete — Principles and Practice.
United States. Lulu Publishing.
Bondy, K. Dirk & Kenneth B. Bondy. "Shear Nonsense...- A critique of the ACI Code shear
design procedure for post -tensioned beams", Concrete International Magazine, October 2016
"'Evaluation and Repair of Existing Post -Tensioned Buildings with Paper -Wrapped Tendons
Experiencing Corrosion Damage", PTI Journal, Post -Tensioning Institute, December 2006
"Externally Applied Post -Tensioning Systems", STRUCTURE Magazine, July 2005
"A More Rational Approach to Capacity Design of Seismic Moment Frame Columns,"
Earthquake Spectra, Vol. 12, No. 3, August 1996
'`External Post -Tensioning of Concrete Structures', Seminar Proceedings, Tales from
the Field, Structural Engineer's Association of Southern California, November 2008
"Long and Short Span External Post -Tensioned Concrete Retrofit", paper presented at the
Annual Convention of the Post -Tensioning Institute, May 17, 2005, Denver, Colorado.
"Fundamentals of Post -Tensioned Concrete", paper presented at the Spring Seminar of
the Structural Engineers of Northern California, March 31, 2004, San Francisco,
California.
ALSO
Mr. Bondy is a licensed private pilot (single -engine, mufti -engine and instrument ratings)
with over 1.250 hours total flying time.
BRYAN ALLRED, S.E.
Vice President
Seneca Structural Engineering, Inc.
20341 SW Birch Street, Suite 320
Newport Beach, CA 92660
(949) 432-5622, ext. 2
Bryan@Senecastructural.com
Bryan Allred's professional interest and experience are in the area of seismic analysis and design of post -tensioned
and reinforced concrete structures. He has participated in the design and is the engineer of record of many diverse
projects from parking structures, hotels, slabs on ground, to external post -tensioned retrofit, as well as the seismic
evaluation and analysis of existing concrete and steel buildings. Mr. Allred has been a lecturer in the graduate
program at Cal Poly Pomona and the undergraduate program at U.C. Irvine. In addition to having authored and co-
authored numerous technical papers which have been published in conference proceedings and professional
magazines throughout the United States, Mr. Allred has also taught at numerous seminars/webinars primarily
focusing on the design of seismic reinforced concrete elements and post -tensioned structures. Mr. Allred is also the
co-author of the book "Post -Tensioned Concrete Principles and Practice" which covers the design of post -tensioned
concrete structures from fundamentals to specific construction detailing. Mr. Allred is a licensed civil and
structural engineer in the state of California.
BORN
May 30, 1971 in Anaheim, California
EDUCATION
University of California at Irvine
Bachelor of Science in Civil Engineering — 1993
Masters of Science in Civil Engineering — 1995
Thesis: Ultimate Restraint Characteristics of Base Isolated Structures
EXPERIENCE
1995 — 1996
Structural Designer
John Coil and Associates
Tustin, California
Structural and forensic engineering working on residential timber structures and participating in site
observations detailing the existing condition of buildings involved in construction defect law suits.
1996 — 1998
Structural Designer and Project Engineer
Robert Englekirk, Inc.
Costa Mesa, California
Designed and oversaw construction of reinforced concrete structures, steel structures and performed analysis
on existing steel and concrete buildings.
1998 — Present
Project Engineer and Vice President
Seneca Structural Engineering, Inc.
Newport Beach, California
Providing structural engineering design and consulting services, primarily in the area of post -tensioned
concrete structures, including parking structures, hotels, office buildings, residential structures, slab on
ground post -tensioned foundations and retrofitting existing building using external post -tensioning (see the
below list).
PROFFESIONAL ASSOCIATIONS
American Concrete Institute (ACI) — Member
Post -Tensioning Institute — Fellow
TECHNICAL COMMITTEES
Post -Tensioning Institute
Slab on Ground Structural Committee — 2012 to 2017
Education Committee — 2003 to Present
Building Design Committee — 2007 to Present
Technical Advisory Board — 2020 to Present
American Concrete Institute
ACI 423 Committee — 2020 to Present
PUBLICATIONS
Bondy, K. Dirk and Allred, Bryan "Post -Tensioned Concrete - Principles and Practice 4th Edition", 2018, 459 p.
Allred, B.A., "Shear Design of Post -Tensioned Concrete Diaphragms — Comparison of Two Different Approaches"
— PTI Journal, August 2020 — 202 PTI Technical Paper of the Year Award Winner
Allred, B.A., "General Considerations for Post -Tensioned Slabs on Ground, Part IV — "Design for Existing
Foundations", Structure Magazine, September 2010
Allred, B.A., "General Consideration for Post -Tensioned Slabs on Ground, Part III — "Detailing and Quality
Control", Structure Magazine, July 2010
Allred, B.A., "General Consideration for Post -Tensioned Slabs on Ground, Part II — "Specific Design
Considerations", Structure Magazine, April 2010
Allred, B.A., "General Consideration for Post -Tensioned Slabs on Ground, Part I", Structure Magazine, Jan 2010
Allred, B.A., "Post -Tensioned Slab on Ground Foundations", Residential Concrete, September 2006
Allred, B.A."Issues in Post -Tensioned Construction', Concrete Construction, January 2006
Allred, B.A."Common Post -Tensioning Design and Construction Issues", Structure Magazine, July 2005
Allred, B.A."Post-Tensioned Slab on Grade Design', The Journal of Light Construction, March 2004
Bondy, K.D., Allred, B.A., "Lake Arrowhead Village External Post -Tensioned Retrofit", 2003 Post Tensioning
Institute Conference, May 2003, Huntington Beach, California.
Bondy, K.D., Allred, B.A., "Lake Arrowhead Village External Post -Tensioned Retrofit", 2002 SEAOC Conference,
September 2002, Santa Barbara, California.
Allred, B.A., Shepherd, R.,"Lateral Load Resistance of Narrow Plywood Panels". Sixth U.S. National Conference
on Earthquake Engineering, May 1998, Seattle, Washington.
Allred, B.A., Billings, L.J., & Shepherd, R. "Ultimate Response Characteristics of Base Isolated Structures", I I1h
World Conference on Earthquake Engineering, June 1996, Acapulco, Mexico.
Bondy, K.D., Allred, B.A., "Determining Realistic Inelastic Moment Demands of Seismic Moment Frame
Columns", 1996 Los Angeles Tall Building Conference, May 1996, Los Angeles, California.
Allred, B.A., "Ultimate Restraint Impact Response Characteristics of Base Isolated Structures", M.S. Thesis,
University of California at Irvine, March 1995.
Billings, L.J., Allred, B.A. & Shepherd, R. "Impact Response of Base Isolated Structures", MARC Users
Conference, October 1994, Ann -Arbor, Michigan.
Allred, B.A., Billings, L.J. & Shepherd, R. "Ultimate Restraint Control of Seismic Base Isolated Structures", 1'`
World Conference on Structural Control, August 1994, Pasadena, California.
Allred, B.A., Billings, L.J. & Shepherd, R. "Ultimate Restraint Considerations in Base Isolated Structures", 5d'
USNCEE, July 1994, Chicago, Illinois.
Allred, B.A., Billings. L.J. & Shepherd, R., "Ultimate Restraint Considerations in Base -Isolated Bridges", 3`d U.S._
Japan Workshop on Earthquake Protective Systems for Bridges, March 1994, Berkeley California.
Allred, B.A., Shepherd, R."Racking Resistance of Narrow Plywood Shear Panels", 62"d SEAOC Convention,
September 1993, Scottsdale, Arizona.
Agency/Department Technical Reports
Shepherd, R., Allred, B.A. "Cyclic Testing of Narrow Plywood Shear Walls", Applied Technology Council, ATC
R-1, Oct. 1995.
EXHIBIT B
SCHEDULE OF BILLING RATES
Seneca Structural Engineering, Inc. Page B-1
SENOCA, UM
ENGINMNGt INC&
SENECA STRUCTURAL ENGINEERING, INC.
CONSULTING FEE SCHEDULE - 2022
(EIN 33-0782174)
Professional Engineering Services - Forensic Expert
Forensic Consulting (mediation, deposition, testimony, site work)........... $250.00/hr
Professional Engineering Services - Design/Construction Consulting
DirkBondy, S.E. - President......................................................................... $250.00/hr
Bryan Allred, S.E. — Vice-President............................................................. $250.00/hr
Direct Expenses
For all travel -related costs (lodging, food, car rental, airfare - business class, parking,
etc.). No travel -related costs shall apply for travel within Orange County.
Minimums
A minimum charge of 4 hours will be made for any day requiring testimony (trial,
arbitration, or deposition), for any day requiring air travel, and for any day requiring
travel outside of Orange County.
20341 SW BIRCH STREET, SUITE 320 • NEWPORT BEACH, CA 926�o0
TELEPHONE 945.432.5622
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Seneca Structural Engineering, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Seneca Structural Engineering, Inc. Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
Seneca Structural Engineering, Inc. Page C-3
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Seneca Structural Engineering, Inc. Page C-4
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