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14-069 Environmental Consulting for Noise Impact and Mitigation Study for proposed daycare at 20111 Stevens Creek Blvd. OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE: (408)777•-3223•FAX: (408)777-3366 WEBSITE:www.cupertino.org CUPERTINO April 28, 2014 Environmental Consulting Services 18488 Prospect Road Suite 1 Saratoga, CA 950.70 Re: Agreement for Noise and Mitigation Study for proposed day care at 20111 Stevens Creek Blvd. A fully executed copy of the agreement for consultant services with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Community Development Department at (408) 777-3308. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Community Development CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino,C.A.95014 ows-&Yo a CUPERTINO \ 408-777-3200 NO. THIS AGREEMENT, made and entered into this 14th day of April, 2014 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 proposed day care center at 20111 Stevens Creek Boulevard, Cupertino, California Check box if services are further described in an Exhibit. 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 April 141h,2014 and shall be completed no later than December 31, 2014. COMPENSATION: For the full performance of this Agreement,CITY shall pay CONTRACTOR:A maximum amount not to exceed TWO THOUSAND FOUR HUNDRED DOLLARS($2,40 . 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. Page 1 of 3 Agreement—Environmental Consulting Services,Noise Study for 20111 Stevens Creek Boulevard 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 ea(ii 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 Page 2 of 3 Agreement—Environmental Consulting Services,Noise Study for 20111 Stevens Creek Boulevard the sense that the relationship of master and servant e;dsts 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,PICA 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 for CITY shall be: NAME: Gian Paolo Martire 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: CITY OF CUPERTINO: By. 111 By Title tJ' l' Title: Assistant Director,Community Development APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD,I ACCOUNT NUMBER AMOUNT DATE I 110-2211,BS 23079 $2400.00 CITY ATTORNEY APPROVED AS TO FORM Poo- 000S$qog `i DATE T CITY CLERK: ATTEST DATE t t�. Page 3 of 3 Agreement-Environmental Consulting Services,Noise Study:For 20111 Stevens Creek Boulevard Exhibit A Environmental Consulting Services 18488 Prospect Road—Suite 1, Saratoga, CA 95070 Phone: (408) 257-1045 stanshell99 @toa;;t.net FAX: (408) 257-7235 March 28, 2014 Gian Paolo Martire Assistant Planner Community Development Department 10300 Torre Avenue Cupertino, CA 95014 Re: Proposal for Noise Impact and Mitigation Study for new day care facility, 20111 Stevens Creek Blvd, Cupertino Dear Mr. Martire, I appreciate the opportunity to respond to your request for a proposal for a noise study related to development of the subject day care project. The key noise issues to be evaluated are the potential noise impacts that could be produced by activities on nearby residential areas, based on the planned activities inside the building and on the playground area adjacent to it. Suitability of the site as far as kid's noise exposure also would be assessed. Ambient noise monitoring would be performed to support the assessment of noise impacts. General recommendations for noise mitigation measures would be developed for any significant impacts that are discovered. The following is a suggested outline for the key elements of the noise study, which would meet City of Cupertino guidelines for preparation of noise impact reports. The relative effort for each phase of the proposed study is estimated in the table following: Data gathering and field monitoring 25% Analysis and modeling 35 Mitigation measure development 10 Report Preparation 30 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, but not to exceed$2400. The study and report generally can be completed within 10-14 days after go-head and receipt of all relevant project information, weather permitting convenient noise monitoring. I have a draft site map. I would need a description of equipment to be installed, the anticipated number of kids and the daily activity schedule, particularly those in the outdoor play areas. If there are specific City requirements related to noise mitigation measures or other noise-related conditions of project approval, please let me know. An $850 retainer would be required at the initiation of project work. I would be responsible for all phases of the project as project manager. I have over 30 years of experience in the noise analysis and mitigation field relating to community development and enhancement projects in the South Ball, San Benito, Santa Cruz, and Monterey Counties, and the greater San Francisco Bay area. I have completed several similar preschool/daycare projects in Cupertino in the past few years. I have attached a Statement of Qualifications for your information. A representative list of ECS noise studies completed can be provided on request. Noise Study Proposal for 20111 Stevens Creek Day Care Project, Cupertino Page 2 of 3 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 site 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, H. Stanton Shelly Acoustical Consultant Board Certified Member(1982) Institute of Noise Control Engineering Proposed Noise Study approved for Stevens Creek Day Care project: Signed _ Date Printed Name Title Environmental Consulting Services Saratoga Noise Study Proposal for 20111 Stevens Creek Day Care Project, Cupertino Page 3 of 3 Statement of Qualifications H. Stanton Shelly-Acoustical Consultant Professional Interests and Capabilities Architectural noise control, exterior and interior, including California Title 24 Noise Insulation Standards; machinery noise measurement, analysis;, and control;traffic noise measurement and modeling; municipal noise ordinance development and enforcement; land use planning for noise compatibility, including environmental impact analysis and mitigation. Relevant Experience Developed and managed the municipal noise control program for the City of Palo Alto, including preparing a unique Noise Ordinance and a Noise Element for the Comprehensive Plan; as an independent consultant, prepared over two hundred noise impact assessment and mitigation studies for residential, commercial, industrial, and public facility projects. List of representative ECS noise studies available on request. Education and Traininq B.S.E. (Electrical Engineering)- University of Michigan M.S. Civil Engineering (Environmental)- Stanford University Institute of Noise Control Engineering (INCE): Associate Member since INCE founding in 1972. Board Certified Member since 1982. Professional Employment Principal Consultant, Environmental Consulting Services- 1977 to present Environmental Specialist, City of Palo Alto- 1971-1976 Systems Test Engineer, Eastman Kodak, Rochester, NY- 1967-1969 Electronic and Acoustical Test Engineer, General Dynamics/Astronautics, San Diego- 1963-1967 Environmental Consulting Services Saratoga