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06-083, Illingworth & Rodkin, Inc. AGREEMENT ot,-Oll~ ~ CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 No.{JQ7! ~'-J-4 {lJ- BY THIS AGREEMENT, made and entered into this 26th day of September, 2006, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) IlIinqworth & Rodkin, Inc. (2) Address: 505 Petaluma Blvd. South City: Petaluma Zip: 94952 Phone: (707) 766-7700 (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: Vallco Fashion Park - Proposal to Access Noise Impacts Associated with North Parking Structure EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Illingworth & Rodkin, Inc. letter dated September ~ 2006, ~~ rM-( TERMS: The services and/or materials furnished under this Agreement shall commence on September 25th, 2006 and shall be completed before October 25th. 2006 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Shall not exceed $5,200.00. Responses to public comments and additional rounds of design-level review (including mitigation strategies) will be billed in addition at the CONTRACTOR'S standard ~o~ates as indicated in the attached proposal. -- 0 ENTERED 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 due to negligence, errors and omissions, 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. 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 relationship 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 Garv Chao DEPARTMENT PlanninQ Department 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~W#-tl/ khqi,6"7. h. By: tti 1. Z Title: fJ~~J.JA4- , ~ - CITY OF CUPERTINO: By: Garv Chao Title: Associate Planner EXPENDITURE DISTRIBUTION 110-2211 .~ a5 5LD. J'.;J I ILLlNGWORTH&RoDKIN, INC. III" A co U s tic s · Air Qua / it Y "111 505 Petaluma Boulevard South Petaluma, California 94952 Fax: 707-766-7790 illro@illingworthrodkin.com Tel: 707-766-7700 www.illingworthrodkin.com ._~~_____~__~___~__~n_~__"'^.___'___'_'________"_____'_.____.___~._...__.___._._~_A_____ RECEIVED SEP 2 5 2006 ~ :.xg- 900Z ~ v d3S Gat\.13J:dM September 25,2006 BY: Gary Chao City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 SUBJECT: Vall co Fashion Park - Proposal to Assess Noise Impacts Associated with North Parking Structure Dear Gary: Thank you for inviting our firm to submit this proposal to assess the noise impacts associated with the proposed North Parking Structure at the Va1lco Fashion Park. We understand that a three-story parking structure is currently under construction and a fourth level is proposed. To assess the noise impacts from the proposed structure, Illingworth & Rodkin, Inc. would complete the following tasks: (1) Measure Existing Noise Levels. We will visit the nearest noise-sensitive receivers west of the parking structure and make ambient noise measurements. Measurements would be made at one or two representative locations at the property line common between the proposed parking structure and the adjacent residences. Measurements would be made during the daytime, evening, and nighttime to characterize noise exposure levels during each time period. (2) Measure Noise Levels at a Similar Parking Structure. We will visit a similar parking structure, identified by the City, and measure noise generated by activities occurring within the structure. A series of measurements would be made to isolate noise from engine starts, door slams, vehicle passbys, car alarms, etc. These data would be used to calculate project-generated noise levels at adjacent residential receivers. (3) Assess Noise Issues. The primary noise sources associated with the parking lot are the noises generated by vehicles circulating, engines starting, doors closing, car alarms, and voices. We will utilize data from the similar facility as well as prior Gary Chao September 25, 2006 Page 2 studies to characterize this noise. We will compare the noise levels expected with the approved three-story parking structure to the noise levels expected with the proposed four-story parking structure. Noise levels as a result of both parking structure options will be compared to ambient conditions. The assessment will be based on appropriate thresholds of significance identified in the City's Municipal Code. (4) Recommend Mitigation Measures. If the assessment leads to a fmding that there is the potential for disturbance, which could lead to a significant environmental impact, we will recommend measures to mitigate this effect. These measures may include physical controls such as noise barriers, or administrative controls such as regulating how certain areas of the parking structure are used during various time periods. (5) Deliverables. The results of our work would be submitted to you in the form of a noise study report. (6) Meeting. We will attend one public meeting to answer questions regarding our assessment. Fee Our fees are based on the following schedule of hourly rates: Principal Senior Consultant Staff Consultant Technical Support $185/hour $135-$150/hour $85-$11O/hour $60/hour Reimbursable expenses for travel are billed in addition to our standard hourly rates. We will complete the environmental noise study outlined above by October 2, 2006, and attend a public meeting on October 3, 2006 for a fixed cost of $5,200 including all reimbursable expenses. Our response to public comments and additional rounds of design-level review (including mitigation strategies) will be billed in addition at our standard hourly rates. Thank you for the opportunity to submit this proposal. If you have any questions, please do not hesitate to call. We look forward to working with you on this project. Sincerely yours, ~ ,/ /,.. .- r Michael S. Thill Illingworth & Rodkin, Inc. Gary Chao September 25,2006 Page 3 ILUNGWORTH&RoDKIN,INC. I II" A co U s ti C s · Air Qua Ii t y "111 505 Petaluma Boulevard South Petaluma, California 94952 Fax: 707-766-7790 illro@illingworthrodkin.com Tel: 707-766-7700 www.illingworthrodkin.com ATTACHMENT A HOURLY BILLING RATES Our fees are based on the following schedule of hourly rates: Principal Senior Consultant Staff Consultant Technical Support $1 85/hour $135-$150/hour $lOO-$llO/hour $60/hour Reimbursable expenses for travel, meals and lodging are billed in addition. Invoices are rendered monthly for work completed during the previous month. INSURANCE COVERAGE GENERAL LIABILITY in the amount of $2,000,000 combined single limit. WORKERS' COMPENSATION covering our own employees in the amount of $3,000,000 per occurrence. AUTO (OWNED) covering personal injury or death and property damage in the amount of $1,000,000 per claim. AUTO (NON OWNED) covering personal injury or death and property damage in the amount of $2,000,000 per claim. PROFESSIONAL LIABILITY in the amount of $1,000,000 per claim. Limitation of Liability. To the maximum extent permitted by law, Illingworth & Rodkin, Inc. requests that the Client agrees to limit Illingworth & Rodkin, Inc.' s liability for Client damages to the sum of $50,000 or our fee, whichever is greater. This limitation shall apply regardless of the cause or legal theory asserted. Certificates of insurance will be issued upon request.