89-132 H.J. Degenkolb Associates assist in implementing the requirements of the Unreinforced Masonry Building Law SB547 Citil of Cuptrti"o
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
July 10, 1989
H. J. Degenkolb Associates
350 Sanscmtie Street
Suite #900
San Francisco, CA 94104
AGREEMENT - CITY OF CUPERTINO
We are enclosing to you one (1) copy of the Agreement by and between the
City of Cupertino and H. J. Degenkolb Associates, which has been fully
executed by City Officials, this agreement shall begin on July 1, 1988 and
be ccupleted before December 1, 1989.
Sincerely,
DORDIHY CORE=
CITY C ERK
CITY OF CUPERTINO
DC/so
encl.
cc: Bob Cowan, Director of Community Development
AGREEMENT IZO110--75 - 761
Dap 1 CITY OF CUPERTINO
p O®
o0 P.O. Box 580
CpaoQ Cupertino, CA 95015 Z
252-4505 NO.
BY THIS AGREEMENT made and entered into on the 22nd day of June 19 89
4 .9 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (I) H.J . Degenkolb 4ssaciatesq . (2)
Address T50 Sansome St . #900 City_ San Francisco Zip 94104 Phone -7 2-6952
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
Consulting Engineering Services to assist in implementing the
requirementss of the Unreinforced Masonry Building Law, SB547 .
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A - description of terms
Exhibit B - Degenkolb proposal dated June 9, 1989
Exhibit C - Deenkolb Ger�er�l Cnditio � and Compensation
TERMS The services and//or aterials furnishe un
,de this Agreement s a I commence o 711189
and shall be completed before 1 2/1 .8 9
COMPENSATION For the full performance of this Agreement,CITY shall pay CONTRACTOR:
See attached Exhibit A
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers,agents and employees from any and
�I a and liabilit includi all costs of defending any claimAM?ed&PE'r a14&JU6 A p@Pt or
�sg0 t or �v � s ori ct
formance o tis agreement. Ay sha not�be is a for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability Contractor 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 Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense
that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to
be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in
executing this agreement.Contractor 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:
NAME Jae Antonucci DEPARTMENT Building
This Agreement shall become effective upon its execution by CITY, in witness thereof,the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY 0 CUPERTINO:
By -` 1.ytiv- i-� �!a � By �1G�^
Title I^�5�.��- e-- Title .Arm
Soc. Sec.4/
APPROVALS
Depa ent Head DateC rk Date
White-City Clerk Copy Green-Finance Canary-Contractor's Copy Pink-Receiving Copy Goldenrod-Department Copy .
EXHIBIT A
TO THE AGREEMENT BETWEEN THE CITY OF CUPERI 0
AND DEGENEOLB ASSOCIATES DATED JUNE 22, 1989
TERMS:
For the full performance of this Agreement, City shall pay Contractor
$7,000 for the work outlined in Exhibit B. $350 shall be paid to
Contractor for waiver fee described in Exhibit C, Paragraph 4. Contractor
shall consider this Exhibit the City's written request to waive
Contractor's $50,000 limitation of liability, as described in Exhibit C,
Paragraph 4.
A contingency of $2,650 over and above the $7,000 for work performed will
be available only upon written authorization from the City.
350 Sansome Street
Suite 900
' San Francisco,CA
94104
415-392-6952
Fax 415-961-3157 EXHIBIT B
H.J.Degenkolb Associates,Engineers
A California Corporation
Degenl(olh practicing in the broad field
of Structural Engineering Henry J.Degenkolb
Thomas D.Wosser
Loring A.Wyllie,Jr.
Chris D.Poland
David R.Bonneville
June 9, 1989 ,
Ted J.Canon
George E,Greenwood
R.Jay Love
Maryann T.Phipps
City of Cupertino David W.Cocke
10300 Torre Avenue James 0,Malley
Cupertino, California 95014
Attention: Joseph Antonucci, Chief Building Official
Reference: PROPOSAL TO PROVIDE CONSULTING SERVICES
FOR COMPLIANCE WITH SB547
Dear Mr. Antonucci:
Following our telephone conversation, I am pleased to submit this proposal to
provide consulting engineering services to the City of Cupertino to assist the City
in implementing the requirements of the Unreinforced Masonry Building Law,
SB547.
Our proposal is based on the assumptions that there are twelve unreinforced
masonry buildings in Cupertino, that the mitigation program will be limited to
"notification only" and that the City will provide all available records that may be
of assistance in the identification process.
Our work will involve three basic tasks and we will generally follow the outline of
the procedures in the Seismic Safety Commission's Guidebook "To Identify and
Mitigate Seismic Hazards in Buildings".
Task One: Identifying Hazardous Buildings
On the basis of available resources and a field survey, potentially hazardous
buildings (URM) will be identified and simple record data concerning those
buildings will be reported. Owners of those buildings will be notified, with an
opportunity to respond. Responses will be reviewed and evaluated and the list of
potentially hazardous buildings will be revised if necessary. The final listing will
then be analyzed and summarized, using appropriate categories.
t '
H.J.Degenkolb Associates,Engineers
Page 2
June 9, 1989
Task Two: Mitigating the Hazards
The mitigation program is to be limited to "notification only". Therefore, Task Two
is condensed to discussions with City Staff and Officials to clarify possible
subsequent steps and preparation of notification to Owner's of the potentially
hazardous buildings on the final list.
Task Three: Reporting to the Commission
The data compiled will be forwarded to the Seismic Safety Commission, along with
a description of the "notification only" mitigation program and of any intent for
development of a future program.
We propose to provide our services on an hourly and reimbursable basis, in
general accord with our "Consulting Engineering Services - General Conditions and
Compensation". We estimate that our total charges may be in the order of $6,000
to $7,000 and we suggest that you budget $7,000. We will not exceed this amount
without prior authorization. We will bill monthly and expect payment within
thirty days of billing.
We look forward to the opportunity to be of service to the City of Cupertino. If
this proposal meets with your approval, kindly sign one copy and return it to us
for our files.
Very truly yours,
H. J. DEGENKOLB ASSOCIATES, ENGINEERS
Thomas D. Wosser Chris D. Poland
President Vice President
APPROVED: CITY OF CUPERTINO
DATE: �!
TDW/dq
attachments d/m-r.8
fice metropolitan area, and postage other than
for general correspondence.
c. Plan check permit and inspection fees required
by governing bodies
d. Photographic services
e. Identifiable printing.and reproduction costs ap-
plicable to the project
f. Engineering computer services. The basic
charge includes pro-rated costs of develop-
ment, preparation and verification of programs
utilized on the project
g. Subcontracted services-
Method
ervicesMethod of Payment
Invoices are submitted at the end of each calendar
month for services performed during the month or
as otherwise agreed to by the client These are pay-
able on receipt.
Interest of 1-1/2% per month(but not-exceeding the
maximum rate allowable by law) will be payable on .
any amounts not paid-within 30 days` payment there-
after to be applied first to accrued interest and then _
to the principal unpaid amount Any attorneys fees
or other cost incurred in collecting 'any-delinquent
amount shall be paid by the client
Modification of Agreement
The foregoing conditions may be modified only by
written agreement
EXHIBIT C
H. 'J. DEGENKOLB ASSOCIATES. ENGINEERS .
CONSULTING ENGINEERING SERVICES
General Conditions and Compensation
Consulting engineering services include'investigations, research, preparation of reports, eta The scope of
these services is defined in the letter of agreement for each project
General Conditions for who may perform work in connection with
1. The drawings, specifications, reports and re- any design, report, or study prepared by H. J.
productions thereof are instruments of service Degenkolb Associates of such limitation of lia-
to be used only for the-specific project cov- bility for design defects, errors, omissions or
ered by the agreement between the client and professional negligence, and require.as'a con-
H. J. Degenkolb Associates. Tracings and/or dition precedent to their performing the work a
special masters, as well as calculations, shall like limitation of liability on their part as against
remain the property of H. J. Degenkolb Assoc!- H. J. Degenkolb Associates..In the event that
ates, unless set forth in the letter of agree- the client-does not wish to limit our firm's pro-
ment, and are not to be reused by the client fesSional liability to this sum; H..J. Degenkolb.
for other projects. Associates will waive this limitation:-upon_the
2_ H. J. Degenkolb Associates warrants that its client's written request provided.that.the client
agrees to pay for this waiver art:additional con-
services are performed within the limits pre- sideration of 5% of our firm's total fee or$200,
scribed by its clients with the usual thorough-
ness and competence of the engineering pro-
fession. No other warranty or representation,. in the event the client makes.a claim against
either expressed or implied, is included or in- H.J. Degenkolb Associates,at-law or otherwise,_
tended in H_ J. Degenkolb Associates propos- for any alleged error, omission or other act ar.is-
als, contracts, designs or reports.The firm does ing out of the'perormance of professional serv-
not guarantee the completion of performance ices, and the client fails to prove such claim.,
of contracts by the construction contractor(s) then the client shall pay all costs incurred by
or other third parties, nor is it responsible for H. J. Degenkolb Associates in defending itself
their acts or omissions, nor for the safety of against the claim.
the contractors) work
3. Any estimates or,statements of cost referred to
in the scope of services are predicted costs. Compensation
and are based on professional opinions and Employee's time will be charged to the client based
judgment H. J. Degenkolb Associates cannot on the attached schedule of hourly rates.These rates
be held responsible for fluctuations in-const ruc- are subject to change upon notification.
tion costs and factors which could not be anti-
cipated at the time of preparation of a particu- Time spent in traveling, when in the interest of the
lar estimate. project, will be charged to the client A maximum
charge 4. The client agrees to limit any and all liability or of eight hours per day will be made for trave
claims for damages, costs of defense, or ex- Direct non-salary expenses will be charged at cost
penses to tie levied against H_ J. Degenkolb plus 10%. Direct non-salary expenses include, but
Associates to a sum not to exceed $50,000, or are not limited to:
the amount of its fee, whichever is greater, on a. Travel and subsistence when away from the
account of any design defect, error, omission, . home office on project business.
or professional negligence. Further, the client b. Identifiable communication expense such as
agrees to notify any contractor or subcontrac- telephone and telegraph outside the home of-
t \
H.J.Degenkolh Associates.Engineers
CONSULTING COMPENSATION SCHEDULE
The following hourly rates are applicable as of May 1, 1989.
These rates are subject to change upon notification.
Henry J. Degenkolb $170/hour
Senior Principal $130/hour
Senior Structural Engineer $101-130/hour
Senior Engineer $86-101/hour
Project Engineer $76-86/hour
Design Engineer $65-76/hour
Assistant Engineer $54-65/hour
Senior Draftsperson $46-54/hour
Project Draftsperson $39-46/hour
Computer-Aided Drafting (CAD) $10/hour
(Based on Machine-Connect Time)
04/89
d/revsup