Loading...
11-061 AHEARN, KNOX AND HYDE, INC., STRUCTURAL ANALYSIS AND EVALUATION OF EXISTING CUPERTINO CITY HALL BUILDING CITY OF ��� AGREEMENT rijj CITY OF CUPERTINO /st r� 10300 Torre Avenue Cupertino, CA 95014 o,3€ 94.3 CUPERTINO 408-777-3200 171 d//` NO. ((�� � � qq BY THIS AGREEMENT, made and entered into this 29th day of June by and between thre�G4il' sP CUPERTINO (Hereinafter referred to as CITY) and Ahearn, Knox and Hyde, Inc. ; Address: 1505 Meridian Ave., Suite B, San Jose, CA 95125: Phone: 408-978-1970; e-mail: hvdena.akhse.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: Structural Analysis and Evaluation of Existing Cupertino City Hall Building EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Scope marked Exhibit "A" TERMS: The services and/or materials furnished under this Agreement shall commence on June 29, 2011 and shall be completed before September30, 2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: Time and Material basis not to exceed $20,000.00 without written approval from the City of Cupertino California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. A. 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 with the Agreement, indemnify, defend,and hold harmless the City and its officers, officials,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 liability of any nature,that arise out of,pertain to,or relate to the negligence,recklessness,or willful misconduct of Consultant 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 Liability. 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 misdonduct of Consultant 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. C. Claims Involving Intellectual property. In addition to the obligations set forth in(A)and(B)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 include 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-Oiscriminatlon. 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 contract 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 anindependent 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. Projects Manager This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreem-rfFie day and year first written above. CON-ULTA :YrO :eGA.%la l e Title ��6 ii Er Carmen Lynaugh, P.W. Proj is Manag r Soc. Sec. #or Tax I.D. :94-2271568 APPROVALS EXPENDITURE DISTRIBUTION • DEPARTME.HEAD DAT ACCOUNT NUMBER AMOUNT (o al / / 110-8101-7014 $20,000.00 Design Professional Agreement Dennis B.Ahearn, S.E. n CL_ William S. Knox, S.E.STRUCTURAL ENGINEERS, INC. Tin D. Hyde, S.E. 2011 TIME & MATERIAL FEE SCHEDULE HOURLY CHARGE RATES -- PROFESSIONAL & TECHNICAL All hourly charges are based on portal-to-portal time, with a minimum of three hours for any engagement, unless agreed to otherwise. 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 on 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 Subject to Revision Annually 1505 Meridian Ave., Suite B, San Jose, CA 95125 • Phone (408) 978-1970 • Fax (408) 267-7919 J EXHIBIT A Dennis 13.Ahearn, S.E. /1 William S. Knox, S.E. 1 STRUCTURAL ENGINEERS INC. Tim D. Hyde, S.E. 28 June 2011 City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Attn: Mr. Terry Greene Re: Proposal to Provide Structural Analysis and Evaluation of Existing Cupertino City Hall Thank you for the opportunity to submit this proposal for the structural engineering analysis for this project. I understand that our scope of work would include the following: A. Structural analysis and assessment of the existing building's current state of construction, considering its original design and construction in 1965, and the structural modifications designed and completed in 1986 — 1987. The evaluation will include our review and use of the construction drawings and structural calculations for the original construction and the 1986 modifications, to the extent they are available. Our primary focus will be to determine whether the building's structural design complies with the requirements of the 1985 Uniform Building Code, especially with regard to the structure being designated and used as an Essential Facility, as defined in the 1985 Code. All structural aspects of the building, whether part of the original construction or the 1986 modifications, will be evaluated relative to the seismic requirements specified in the 1985 UBC. Our analysis and evaluation will include, but not necessary be limited to the following aspects. 1. Consideration will be given to the magnitude of seismic design forces dependent on the required Importance Factor for Essential Facilities. In the 1976 through 1985 Uniform Building Codes, the Importance Factor was 1.50. In the 1988 Code, it was reduced to 1.25. Thus, where calculated capacities are determined to be inadequate using the higher 1.5 value, yet adequate using the lower 1.25 value, those conditions will be identified, but not be considered deficient. 2. Certain members and materials which are vital to resisting seismic forces, and which have special seismic requirements in the 1985 Code will be evaluated carefully. These include load and reduction factors for seismic forces, confinement in concrete compression and shear members, load paths, effects of lateral building drift on stability of lateral systems, and boundary members and reinforcing anchorage in concrete shear walls. Members at all levels of the structure will be evaluated where warranted, although framing that would otherwise be unaffected by changes in the seismic design forces for the structure would not be included. Page 1 of 2 1505 Meridian Ave., Suite B, San Jose, CA 95125 • Phone (408) 978-1970 • Fax (408) 267-7919 3. In addition to the overall analysis of the structure, a reduction in the building's mass will be considered through possible replacement of the existing heavy clay roof tiles with lighter roofing materials, where that change would result in a significant reduction in the applicable seismic design forces on the building. B. Further examination and evaluation of apparent cracks in certain concrete joists and girders at the First Floor Level would be performed. Although the locations, size, extent and orientation of the observed cracks do not necessarily indicate a structural deficiency or imminent threat, the members will be examined and analyzed to determine whether structural deficiencies exist. Our findings for both Sections A and B above would be provided in letter-report form, identifying the type, location and magnitude of deficiencies that are found to exist. For each deficient condition, the most feasible method or methods for mitigating the noted deficiencies would be indicated. As we discussed, we could provide these services for a fee based on time and materials expended, with a total fee not to exceed $20,000. Please find attached our Time & Material Fee Schedule for reference. I trust this provides the information required at this time. Please feel free to contact me directly should you have any questions. • --rely, de/ 0 Tim D. Hyde, SIE. President Page 2 of 2 • Form 1AI-9 I Request for Taxpayer Give form to the (Rev.October 200n Identification Number and Certification requester.Do not Department of the Treasurysend to the IRS. Internal Revenue service Name(as shown on your income tax return) m AKH Structural Engineers, Inc. Pi Business name,If different from above a c to a c check appropriate box:0 Individual/Sole proprietor a Corporation 0 Partnership Exempt a 2 ❑ Limited liability company.Enter the tax classi Icatbn(0-disregarded entity.C=corporatbn.P-partnershlp) ' ❑ payee `og ❑ oma(see instructions)► e Address(number,street,and apt.or suite no.) Requester's name and address(optional) e a u 656 Lanfair Drive yCity,state,and ZIP code ur San Jose, CA 95125 m List account number(s)hem(optional) co Part I Taxpayer Identification Number(TIN) Enter yourllN In the appropriate box.The TIN provided must match the name given on Line 1 to avoid Socha'security number backup withholding.For Individuals,this is your social security number(SSW).However,for a resident , alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it is or, your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. Note.If the account Is In more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. 94 j 2271568 Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be Issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I em no longer subject to backup withholding,and 3. I am a U.S.citizen or other U.S.person(defined below). Certification Instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return.For real estate transactions,item 2 does not apply. For mortgage Interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement ORA),and generally,payments ot'.> t • interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN.See t +/. struGb - •..:4. Sign signa4wn, : 29 June 2011 Here U.S.person P Date p. General Instructs. _ Definition of a U.S. person. For federal tax purposes, you are considered a U.S.person if you are: Section references are to • - I +> • - tie Code unless otherwise noted. •An Individual who Is a U.S.citizen or U.S.resident alien, •A partnership,corporation,company,or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an Information return with the States, IRS must obtain your correct taxpayer identification number(TIN) •An estate(other than a foreign estate),or to report,for example, income paid to you,real estate •A domestic trust(as defined In Regulations section transactions,mortgage interest you paid,acquisition or 301.7701-7). abandonment of secured property,cancellation of debt,or Special rules for partnerships.Partnerships that conduct a contributions you made to an IRA. trade or business in the United States are generally required to Use Form W-9 only if you are a V.S.person(including a pay a withholding tax on any foreign partners'share of income resident alien),to provide your correct TIN to the person from such business. Further,in certain cases where a Form W-9 requesting It(the requester)and,when applicable,to: has not been received,a partnership is required to presume that 1.Certify that the TIN you are giving is correct(or you are a partner is a foreign person,and pay the withholding tax, waiting for a number to be Issued), Therefore,if you we a U.S.person that Is a partner in a partnership conducting a trade or business in the United States, 2.Certify that you are not subject to backup withholding,or provide Form W-9 to the partnership to establish your U.S. 3.Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee.If applicable,you are also certifying that as a income. U.S.person,your allocable share of any partnership Income from The person who gives Form W-9 to the partnership far a U.S.trade or business is not subject to the withholding tax on purposes of establishing its U.S.status and avoiding withholding foreign partners'share of effectively connected income, on Its allocable share of net income from the partnership Note.If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States Is in the request your TIN,you must use the requester's form if it Is following cases: substantially similar to this Form W-9. a The U.S.owner of a disregarded entity and not the entity, cat.No.10231X Form W-9 (Rev.10-2007)