06-084, Charles M. Salter Associates, Inc.
AGREEMENT
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BY THIS AGREE T, made and entered into this 23rd day of Auaust, 2006. by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Charles M. Salter Associates. Inc. (2)
Address: 130 Sutter Street. Suite 500e City: San Francisco Zip: 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:
Vallco Parking Structure - Community Noise Measurements - Acoustical Consulting Services
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NO.t%l} ~S-4~4-
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Charles M. Salter letter dated August 22, 2006, scope of services. Measurements will be taken at the intersections of
Wheaton/Dennison, Norwich/Amherst and one additional location closer to the new parking garage.
TERMS: The services and/or materials furnished under this Agreement shall commence on October 2. 2006
and shall be completed before October 2. 2007
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Shall not exceed $11,500.00. Payment is based on actual hours spent on carrying out the project.
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:
'1J ENTERED
NAME Ciddv Wordell
DEPARTMENT Plannina 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.
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Title: PI.,'I;"P 1'.1. ..c~.....~ ~ct?r~ r:th", r
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CITY OF CUPERTINO:
By: Ciddv Wordell
Title: Citv Planner
DATE
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DATro _I e-ocO
110-2211
Consultants in
Acoustics
AudioNisual
System Design
and Telecommunications
130 Sutter Street, Suite 500
San Francisco
California 94104
Tel: 415 397 0442
Fax: 415 397 0454
info@cmsalter.com
www.cmsalter.com
Charles M Salter. PE
David R Schwind, FAES
Anthony P Nash, PE
Eva Duesler
Thomas A Schindler, PE
Kenneth W Graven, PE
Eric L Broadhurst. PE
Philip N Sanders
Robert P Alvarado
John C Freytag. PE
Durand R Begault, Ph.D.
Michael D Toy, PE
Thomas J Corbett
Ross A Jerozal
Jason R Duty
Cristina L Miyar
Joey G D'Angelo
Eric A Yee
Joshua M Roper
Troy Gimbel
Randy D Waldeck
Peter K Holst
Andrew L Stanley
Christopher A Peltier
Timothy G Brown
Jeff Clukey
Ethan Salter
Elaine Y Hsieh
Alexander K Salter
Jeremy L Decker
Ryan McClain
Claudia Kraehe
Heather Migut
Josselyn Salter
Candice Huey
Brian Good
Marva D Noordzee
Debbie Garcia
Jasmine Recidoro
Alison Whitson
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CEIVED AUG 2 3 2006
Charles
Salter
ate s
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Assoc
22 August 2006
Ciddy Wordell
City of Cupertino Planning Department
10300 Torre Avenue
Cupertino, CA 95014
Fax: 408.777.3333
Subject:
Vallco Parking Structure - Community Noise Measurements-
Proposal for Acoustical Consulting Services
Dear Ciddy:
Thank you for requesting a proposal for a noise study for the new Macy's parking
structure at the Vallco Shopping Center. This letter outlines our proposed scope of
services and fees.
SCOPE OF SERVICES
Per the conditions of approval for the parking structure, "The applicant shall do a before
and after noise study, particularly at the end of Wheaton Drive, at Dennison and
Norwich, to establish a baseline to evaluate future project-generated noise." Our scope
of services would include the following:
"Before" Study
1. Measure noise levels continuously for a period of at least 48 hours at the end of
Wheaton Drive and at one other location to be determined. Since the parking
structure is currently under construction, the noise measurements would need to be
scheduled to avoid construction noise. We expect to coordinate with the contractor
to accomplish this. Measurements are likely to include at least one weekend day and
will include brief recordings of noises that exceed a certain threshold to aid in
identifying noise sources.
2. Provide a written summary of our findings to document baseline noise levels in the
community
"After" Study
1. Repeat the noise measurements in the same locations after the parking structure is
complete and in use. We understand that target completion is November of2006.
2. Provide a written summary comparing "before" and "after" noise levels and
discussing the significance of any changes
Ciddy Wordell
22 August 2006
Page 2
ADDITIONAL SERVICES
The following services are not included in the above scope, but may be added if desired.
1. Recommendations for reducing noise from the parking structure, if needed
2. Attendance at meetings or public hearings
FEE ESTIMATE
We plan to provide acoustical consulting services on a time and expenses basis in
accordance with the attached terms and conditions. Estimated maximum fees for the
above scope of services, including instrumentation use fees, are as follows:
"Before" Study.. ... ...... ..... ... ........ ..... ... ... .......... ... ... ... ... ....... .... ... .... ... .... ... .......... ......... $5,500
"After" Study.............................................................................................................. $6,000
We assume that the "Before" study will commence within 90 days of the date of this
proposal and that the "After" study will commence within one year after that.
If this proposal is acceptable, please sign in the space provided below and return a copy
to us as authorization to proceed. Please do not hesitate to call if you have questions.
Sincerely,
CHARLES M. SALTER ASSOCIATES, INC.
AGREED & ACCEPTED
C];j 11A~~
Philip N. Sanders
Vice President
Enclosure as noted
By: elL ~~ '&J~
City of Cu ertmo
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Date:
klmm22Aug2006p1ls01
C h a r I e s M 5 a I t erA s s 0 cia t e sin C 130 Sutter Street San Franc,sw California 94104181415 397 0442 Fax ,1153970454
TERMS AND CONDITIONS
Insurance:
General Liability
$2,000,000
Workers Compensation
$1,000,000
Automobile Liability
$2,000,000
Professional Liability ("Errors and Omissions"): Professional liability of Charles M. Salter Associates,
Inc. (CSA), its officers, employees and subconsultants is limited to $50,000, or our total fee, whichever
is less. The above limitation of professional liability can be increased to the limit of our insurance
policy ($1,000,000) by increasing our total fee by 10% prior to start of our services.
Schedule of Hourly Rates:
President and Senior Vice-President
$240
Vice- President and Director
$220
Principal Consultant
$180
Senior Consultant
$140
Consultant
$120
Technical Assistant
$85
Reimbursable expenses such as travel, subsistence, meals, lodging and project related materials are
billed in addition at cost. Measurement instrumentation use charges are 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 fee proposals assume that work proceeds without unreasonable 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 deta have all rights reserved by Charles M. Salter Associates, Inc. D }. \. _11
These documents are for use only on e g ~ect for which Charles M. Salter Associates, Inc. is e. -{,~
retained. It is the project architect's an ngineer's responsibility to coordinate and verify the C- vJ
suitability of all specifications input a ails as appropriate for the project. To facilitate drawing 9 (J-~O&'
reviews, we require that paper copie of con ct documents be sent to our office.
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.
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C h a r I e s M 5 a It erA s s 0 cia t e sin C 130 Sutler Street San FrancIsco California 94104 Tel 4153970442 Fax 4153970454