10-117 Ahearn, Knox and Hyde, Inc., Design and Construction Services for Blackberry Farm Retaining Wall CITY OF
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
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\/ 14 0 Cupertino, C:A 95014 CUPERTINO 408- 777 -3200 NO. ere
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BY THIS AGRE MENT, made and entered into this 23` day of November , 2010 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Ahearn, Knox and Hyde, Inc. ; Address: 1505 Meridian Ave.,
Suite 8, San Jose, CA 95125: Phone: 408- 978 -1970; e-mail: hvdecaakhse.com; Contact: Tim Hyde;
(Hereinafter referred as CONSULTANT), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONSULTANT shall provide or furnish the following specified services and /or materials:
Design and Construction Services for Blackberry Farm Retaining Wall
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal marked Exhibit "A"
TERMS: The services and /or materials furnished under this Agreement shall commence on November 24, 2010
and shall be completed before July 31, 2011.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT:
Lump Sum not to exceed $10,850.00 without written approval from the City of Cupertino (include reimbursable)
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Pubit orks contract in excess of
$1,000.00. ENTERED
GENERAL TERMS AND CONDITIONS
Hold Harmless. k Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services. and to the extent the
Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the
fullest extent allowed by law, with respect to all services performed In connection wlth the Agreement, indemnify, defend, and hold harmless the City and its officers,
officals, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other Nobility of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Consuttant or Consultant's employees, officers, officials, agents or Independent contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the
extent that the damage Is caused by the sole or active negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Ltabilitmt. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify,
defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands
whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to,
or relate to the negligence, recklessness, or willful misconduct of Consultant or Consutant's employees, officers, officals, agents or independent contractors. Such costs
and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert foes and all other costs and fees of litigation. Consultant shall not be obligated
under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.
C. Claims involving intellectual Property. In addition to the obligations set forth in ;A) and (8) above, Consultant shall indemnify, defend, and hold the City, its elected
and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of Intellectual property rights, including but not limited to
copyright or patent rights, Is alleged that arises out of. pertains to. or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. Such
costs and expenses shall indude reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
Insurance. Should the City require evidence of insurability, Consultant shall file with City a Certificate of Insurance before commencing any services under this
Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non - Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion
or sex of such person.
Interest of Consultant. It is understood and agreed that this Agreement Is not a cortract of employment in the sense that the relationship of master and servant exists
between City and undersigned. At all times, Consultant shall be deemed to be an independent consultant and Consultant is not authorized to bind the City to any
contracts or other obligations In executing this agreement. Consultant certifies that no one who has or will have any financial interest under this Agreement Is an officer or
employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the
written consent of the City.
CONTRACT CO- ORDINATOR and representative for CITY shall be: Carmen Lynaugh, P.W. Project Manager
NAME: DEPARTMENT:
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This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
=rnent the day and year first written above.
CONSULTANT; CITY OF CUPERTINO:
Title Prdsident Terry Greene, City Architect
Soc. Sec. # or Tax l.D
APPROVALS EXPENDITURE DISTRIBUTION
RTM
ATE ACCOUNT NUMBER AWN INT
'Awe Co ` y / 1 � _ • 427- 9135 -9300 �i t � l $10, 850.00
L,.. „ 7 r a -/ -i0 it 14 tD
ooralpn t'mewsfooul �yresnerrt ,
Dennis B. Ahearn, S.E.
William S. Knox. S.E.
'i II AHEARN, KNOX & HYDE, INC. 1im D. Hyde, S.R.
Structural Engi:teers
2010 TIME & MATERIAL FEE SCHEDULE
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HOURLY CHARGE RATES -- PROFESSIONAL & TECHNICAL
All hourly charges are based on portal -to- portal tirne, with a minimum of three hours for any
engagement, unless agreed to otherwise.
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Firm Principal $199.00
Project Engineer /Manager $190.00
Structural Engineer $180.00
Staff Engineer $150.00
Structural Designer $130.00
Administrative Assistant $92.00
Expert Witness (Testimony/Deposition/Consultation) $325.00
Expert Witness services are based cn a minimum of $975.00 or
$325.00 per hour, per appearance, whichever is greater.
MISCELLANEOUS COSTS
All Miscellaneous Costs will be invoiced with 1.20 multiplier on actual AKH costs.
Blueprints, Reproductions, Plotting and Materials
Computer Services
Delivery Expenses
Travel and Related Expenses
Mileage Expense at $0.55 per mile
Sub consultants' costs
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1505 Meridian Ave„ Suite 13, San Jose, CA 95125 • Phone 408 978 1970 • Fax 408 267 7919
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EXHIBIT A
Dennis B. Ahearn, S.E.
ALkil William S. Knox, S.E.
AHEARN KNQX & HYDE, INC. Time D. Hyde, S.E.
Structural Engineers
22 November 2010 AKH Project M10 -046
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attn: Ms. Carmen Lynaugh, Public Works Projects Manager •
Re: Fee Proposal for Retaining Wall at Blackberry Farm, Cupertino
Ms. Lynaugh,
Thank you for your consideration of our firm in requesting a fee proposal for this project.
As 1 understand the project requirements, the scope of our work would include the
following:
Structural design of a concrete retaining wall, approximately six feet high by 100 feet in
length, with a foundation comprised of cast -in- drilled -hole (CIDH) concrete pier footings
and a continuous footing /grade beam over the piers. 1 expect that the footing will
extend a short distance into the backfill in order to utilize the weight of the retained soil
to resist overturning forces. Per your direction, the top of the new retaining wall will be
level with the existing wall, and the new wall will be dowelled to the south end of the
existing retaining wall.
Development of construction documents, which will include technical specifications and
drawings. The drawings will include a site plan, foundation plan, and structural details
with general notes. Existing elements that are to be removed, such as existing retaining
walls, slabs, curbs and shallow footings will also be determined by field survey and
identified on the drawings.
I expect to utilize, as part of our drawings, the site /topography plans you have provided.
1 understand that we are to use the geotechnical report that was previously referenced
for the design of the existing retaining wall that occurs northwest of, and adjacent to the
subject new retaining wall. The report that was forwarded to us in incomplete, as the
report is missing the even - numbered pages. We are working to obtain the full report
from Advanced Residential Engineering, and expect to receive that shortly.
We will ultimately require written direction from The City for us to utilize the geotechnical
report for the subject retaining wall design. At this time, I cannot confirm that the Report
includes all of the necessary design criteria, including allowable resisting passive
pressure and the effective pier diameter.factor for passive pressures, however, I expect
that that will be confirmed upon receipt of the complete report.
. Page 1°12
1505 Meridian Ave., Suite B, San Jose, CA 95125 Phone (408) 978 -1970 • Fax (408) 267 -7919
Relief of hydrostatic pressures behind the wail will be addressed using weep holes
through the wall and an appropriate section of waterproofing, drain rock and filter fabric
behind the wall. The weep holes will not be connected to a drainpipe, but will be
allowed to drain directly onto the lower grade.
There appears to be only Minimal architectural, electrical or mechanical aspects to the
scope of work. Thus, the construction documents will be primarily structural in nature.
Our lump sum fee to provide the scope of work described would be $10,850.00. This
fee is based on an expected expenditure of approximately 72 man -hours to complete
the project, through construction, including up to 12 hours for Construction
Administration services. Construction Administration services typically include review of
submittals such as mix designs and shop drawings, and responding to Contractor RFIs.
The project involves some existing structures, the extent of which is not entirely known
at this time. Also, demands on the designers during the construction phase are often
beyond the control of the designers themselves. Should the scope of work be
expanded due to unanticipated factors, or should the Construction Administration
requirements significantly exceed the allotted time indicated above, we would expect
that the services beyond those indicated be provided, with the Client's authorization, on
a time - and - material basis, according to the attached Time & Material Fee Schedule, or
as otherwise negotiated.
Through the course of construction, we rnaintain our construction documents to reflect
changes made by our firm through RFIs, change orders, submittal reviews, etc. Should
as -built drawings be required that also include changes or in -field adjustments made
and documented by the Contractor, we can provide the services necessary to translate
his annotations to our record drawings on a time -and- material basis.
I hope this provides the information you require at this time. Please feel free to contact
me directly should you have any questions regarding our fee structure or any other
aspect of the proposal. , Should you wish for us to proceed, we. would be able to
mobilize immediately by conducting a survey of the site as to grades and existing
elements that will need to be removed and /or identified and located on the drawings.
/ 66126,
�• ards,
Tim D. Hyde, .
President
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