02-079 Charles Salter Association, Inc..,,~ AGREEMENT
~~~ .6 CITY OF CIJPERTINO
10300 Torre Avenue
CI`iY OF Cupertino, CA 95014
C U P E TIN ~- ~ ~ ~ ~ (408) 777-3200
BY THIS AGREEMENT, m en ered into on the 6th
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) CHARLES M. SALTER ASSOC. , INC. _ (2)
Address 130 BUTTER ST. City SAN FRANCISCO, Chip 94104 Phone (415) 397-0442
(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: •
Aca~s-hc~.l (Ay~,.sv1-}-rrLq jex~tc-es "For- .Sa,rti~.1-o~m.. C.ree~ Ti~-~1
EXHIBITS: The following attached exHibits hereby are made part of this Agreement:
07/31/02, SALTER LETTER CONTAINING SCOPE OF WORK, FEE ESTIMATE & RATE SCHEDULE
TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on AUGUST 12 . 2002
and shall be completed before AUGUST 12, 2003
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ~4, 600; THE FOLLOW UP
NOISE MEASUREMENTS WILL BE COi'dDUCTED JiVLY IF D%F.~IF.D IdECESSAi~Y DY THi: PUBLiC 1JU"tci~S DIRECTOR
California Labor Code, Section 1771 requires the payment of prevailing wages to atl workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liable for acts of Contractor in performing services described herein.
due to negligence, errors and omissions
Insurance: Should the City require evidence of insurability, Contract~~r 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
relationship of master and servant exists between City and undersigred. 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 small be:
NAME C:ARyiF.N T,YNAiiGN/[' ATN ~0 .PF R _ DEPARTMENT PTTRT.TC WnRY.S
This Agreement shall become effective upon its execution by ~;,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOI
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APPROVALS
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day of AUGUST
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White: City Clerk J Green: Finance Yellow: Contractor Receiving ~ Gold: Department
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A s s o ci a t e ,` f n c
Consultants
in Acoustics
& Audio/Visual
System Design
130 Sutter Street
San Francisco
California 94104
Tel: 415 397 0442
Fax: 415 397 0454
crosalter@ crosalter.com
www.crosalter.com
Charles M Salter, PE
David R Schwind, FAES
Anthony P Nash, PE
Eva Dueller
Thomas A Schindler, PE
Alan T Rosen
Kenneth W Graven, PE
John C Freytag, PE
Harold S Goldberg, PE
Timothy M Der
Eric L Broadhurst, PE
Michael D Toy, PE
Thomas J Corbett
Durand R Begault, Ph.D.
Ross A Jerozal
Philip N Sanders
Jason R Duty
Cristina L Miyar
Robert P Alvarado
Joey G D'Angelo
Julie A Malork
Brian Brustad
Brenda R Yee
Eric A Yee
Timothy C McLain
Troy Gimbel
Joshua M Roper
Kevin M Powell
Christopher A Peltier
Randy Waldeck
Andrew Stanley
Claudia Kraehe
Jessica Johnston
Pamela M Vold
Kevin Frye
Peter Holst
Ian Graven
Marion G Miles
Marva D Noordzee
Rayko Kurosaki
31 July 2002
Carmen Lynaugh
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Saratoga Creek Trail-•-
Proposal for Acoustical Consulting Services
Dear Carmen:
~F~~w,;
~ ~~a ;.1
Joe Enke of Zumwalt Engineering Group has sent us photos and drawings of the proposed
bike trail/sound wall intersection. We understand that the existing sound wall acoustically
shields some Lawrence Expressway traffic noise to some of the homes located along
Ashbourne Court. This letter summarizes our fee proposal to evaluate potential noise
impacts associated with opening up a SI-foot section of the wall for the new bike trail.
SCOPE OF WORK
1. We will conduct one 24-hour measurement along Lawrence Expressway and a
simultaneous short-term measurements at the backyard fence of a home located at
Ashbourne Court to document the baseline noise conditions. With these measurements
we will be able to determine the efj~ectiveness of the sound wall.
2. We will determine the approximate: noise increase that would be experienced in the
backyards of the existing homes when the 9-foot section of the sound wall is opened
up. Based on the current design, wf; anticipate that the acoustical impact would be very
minimal. Our findings would be summarized in a letter.
3. We will be available to re-measure at the project site after the bike trail is completed.
FEE ESTIMATE
Our hourly rates, terms and conditions are summarized on the attached sheet. Based on
our experience with other projects of t}iis type, we estimate that our fee requirement for the
aforementioned tasks, including reimbursable expenses and instrumentation-use charges,
to be as follows:
Carmen Lynaugh
31 July 2002
Page 2
1. Initial baseline measurements ...............................................................................$1,700
2. Impact analysis and summary lettet• ......................................................................$1,200
3. Follow-up noise measurements ............................................................................ 1 700
Total ...................................................................................................................... $4,600
This concludes our proposal. If you agree with the scope of work and fee estimate, please
sign in the space indicated below and return a copy to our office as our authorization to
proceed. Please call with any questions.
Sincerely,
Agreed and Accepted
CHAR M. SALTER ASSOCIATES, In C. ,
Mic ae :~. By:
Principal C sultant /..~~~ ~ , ~jlR , ~~ ~U ~ c. [~odLkS
Enclosure: as noted
2002/pmv% ul3 /mdt0!
Date: ~t ~ ~Z~Z
cc: Joe Enke
Zumwalt Engineering Group
2680 Bishop Drive, Ste 150
San Ramon, CA 94583
C h a r ~ @ $ ~ S ~ ~ t @ ~ ~ S S O C 1 ~ ~ @ S 0 q1 C 130 Sutter Street San Francisco California 94104 Tel: 415 397 0442 Fax: 415 397 0454
~3~arles iEA Sa9~er ~~s®ciates 9nc
TERMS AND CONDITIONS
Insurance:
General Liability
$2,000,000
Workers Compensation
Automobile Liability
$1,000,000
$2,000,000
Professional Liability ("Errors and Omissions"): Professional liability of Charles M. Salter
Associates, Inc. (CSA), its officers, employees a;1d subconsultants is limited to $50,000, or our
total fee, whichever is less. The above limitation of professional liability can be changed to the
limit of our insurance policies by increasing our total fee by 10% prior to start of our services.
Schedule of Hourly Rates
President, Senior Vice-President, $200
Vice-President, Director
Principal Consultant $160
Senior Consultant $125
Consultant $110
Technical Assistant $75
Reimbursable expenses such as travel, subsistence, meals, lodging and project related materials
are billed in addition at cost. Measurement instrumentation is charged at our standard rates.
Invoices for technical labor, reimbursable expenses, and instrumentation use are rendered
monthly for work performed during the previous month. Payment for each invoice is due within
30 days.
Fee proposals are valid for 60 days. The total fee will be applied as we deem appropriate among
the individual tasks. All fees assume the work will proceed without delays, redesign or scope
changes. Such occurrences may warrant a renegotiation of fees. The schedule of hourly rates is
valid for one year from the proposal date. A renegotiation of our hourly rates may be required
after this period.
CSA specifications input and details have all r%ghts reserved by Charles M. Salter
Associates, Inc. These documents are for use only on the project for which Charles M. Salter
Associates, Inc. is retained. It is the project architect's and engineer's responsibility to coordinate
and verify the suitability of all specifications input and details as appropriate for the project.
Site visits and observations, if any, conducted by our firm relate only to our work. We are not
responsible for the safety of others at the job site.
130 Sutter Street San Francisco California 94104 Tel: 415 397 0442 Fax: 415 397 0454 ~ ~ ~ ~ ~ 2~Ct