14-010 Environmental Consulting Services, Consultant Services for Noise Impact and Mitigation Study for Additional Drilling Operations at The Driving MachingJanuary 22, 2014
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE: ° CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertiiio.org
Environmental Consulting Services
18488 Prospect Road, Suite 1
Saratoga, CA 95070
Re: Agreement
Enclosed is a fully executed original copy of your agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the
Community Development Department at (408) 777 -3308.
Sincerely,
Dorothy Ste fott
Senior Office Assistant
cc: Planning
Enclosure
CITY OF
AGREEMENT
CITY OF CUPERTINO
(�I 10300 Torre Avenue
u v Cupertino, I-A 95014 �c3 /J
CUPERTINO I /� 408_777.3200 NO. O
THIS AGREEMENT, made and entered into this 181h day of September, 2013 is by and between the CITY OF
CUPERTINO (Hereinafter "CITY ") and Environmental Consulting Services, 18488 Prospect Road Suite 1,
Saratoga, CA 95070, Hereinafter "CONTRACTOR "), in. consideration of their mutual covenants, the parties
agree as follows:
CONTRACTOR shall provide or furnish the following specified services and /or materials: Noise Impact
and Mitigation Study for additional drilling operai:ions at The Driving Machine, 10100 Bubb Road,
Cupertino.
Check box if services are further described in an Exhibit. F
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A.
TERM: The services and /or materials furnished under this Agreement commenced on January 81h, 2014 and
shall be completed no later than June 30, 2014. ,
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Two
Thousand Three Hundred Dollars($2,300).
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. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers against any and all liability,
claims, stop notices, 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, arising
out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's
employees, officers, officials, agents or independent contractors. Contractor 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. 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.
Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute
another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent
from City is obtained, only those people whose names are listed this Agreement shall be used in the
performance of this Agreement.
Assignment. Contractor may not assign or transfer this .Agreement, without prior written consent of CITY.
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Agreement - Environmental Consulting Services, Noise Study for The Driving Machine
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of
$1,000,000 will be considered equivalent to the required minimum limits shown
above.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional. Liability:
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least $1,000,000.
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to
its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Contractor or City with respect to the
services of Contractor herein, a waiver of any right to subrogation which any such insurer of said
Contractor may acquire against City by virtue of the payment of any loss under such insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause
with a seven (7) -day notice. The Contractor may terminate this Agreement with or without cause with a
seven (7) -day written notice.
Non - Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of
such person
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in
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Agreement — Environmental Consulting Services, Noise Study for The Driving Machine
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. City shall
have no right of control as to the manner Contractor performs the services to be performed. Nevertheless,
City may, at any time, observe the manner in which such services are being performed by the contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but
not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance.
Changes. No changes or variations of any kind are authorized without the written consent of the City.
CONTRACT CO- ORDINATOR and representative fo:r CITY shall be:
NAME: Alex Wykoff _DEPARTMENT: Community Development
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: /!
By
Title
APPROVALS
CITY OF CUPERTINO:
By,
Title: Assistant Director, Community Development
EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD
ACCOUNT NUMBER
AMOUNT
DATE I
110 -2211, BS 22401
$2300.00
CITYATTORNEY APPROVED AS TO FORM(
DATE
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CITY CLERK: ATTESTy,�
DA
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Agreement — Environmental Consulting Services, Noise Study for The Driving Machine
Environmental Consulting Services 18488 Prospect Road — Suite 1, Saratoga, CA 95070
Phone: (408) 257 -1045 stanshell99 @toast.net FAX: (408) 257 -7235
January 7, 2014
Mr. Alex Wykoff
Environmental Programs Specialist
Senior Code Enforcement Officer
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014 -3255
RE: Proposal for Noise Impact and Mitigation Study for additional drilling operations at
The Driving Machine, 10100 Bubb Road, Cupertino.
Dear Mr. Wykoff,
appreciate the opportunity to provide a proposal for a noise study related the subject project for
The Driving Machine facility on Bubb Road. The key noise issue to be evaluated is the potential noise
impacts on nearby residential areas both to the west and north produced by proposed new drilling
operations, which would be similar to the previous work, but in possibly different locations and with different
equipment. The noise contributions from the new drilling equipment and operations must be modeled with
the associated noise paths to worst case receptors to determine potential noise impacts. Project
compliance with Cupertino Noise Ordinance daytime and nighttime standards will be determined at the
nearest residential locations. Recommendations for mitigation measures similar to those used previously
may be appropriate, but new measures could be required, depending upon the noise levels created. A
noise study report summarizing the results and recommendations would be prepared.
The following is a suggested outline for the key elements of the noise study, which would meet
City of Cupertino guidelines for noise impact reports. 'The relative effort for each phase of the proposed
study is estimated in the table following:
Data gathering
15%
Noise analysis and modeling
45
General mitigation measure development
15
Report Preparation
25
I have a photo map of the project site with drilling locations and a list of equipment to be used. I need to
know any specific City requirements for mitigation measures or other noise - related conditions of project
approval. I also need vendor specifications for the equipment to be utilized, or at least contact information
for vendors, so I can contact equipment vendors directly.
Fees for the noise study would be based upon the actual time and materials required to complete the work
described above, at a rate of $160 per hour plus expenses, not to exceed $2,300. The study and report
generally could be completed within two weeks after go -head and receipt of all relevant project information.
I would be responsible for all phases of the project as project manager.
Noise Study Proposal for Additional Drilling Work, The Driving Machine, Cupertino Page 2 of 3
have over 30 years of experience in the noise analysis and mitigation field relating to community
development and enhancement projects in the South Bay, San Benito, Santa Cruz, and Monterey
Counties, and the greater San Francisco Bay area, including a number of projects similar to this project. I
have completed a number of project studies in Cupertino in the last eight years. I have attached a
Statement of Qualifications for your information. A representative list of ECS noise studies completed can
be provided on request.
If you need more details on this proposal, or if the scope or estimated costs of the project are not
satisfactory, please let me know immediately, so that we can make a mutually acceptable modification. If
this study proposal is acceptable, an authorized signature below will allow this to serve as a Letter of
Agreement and an authorization to enter the project siPe for noise measurements, and thereafter work can
proceed at your convenience. I look forward to working with you and your team on this project.
Sincerely,
1 01 �
H. Stanton Shelly
Acoustical Consultant
Board Certified Member (1982)
Institute of Noise Control Engineering
Proposed Noise Study approved for the new Driving Machine drilling project:
Signe
Printe
Title
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Environmental Consulting Services Saratoga