09-037 Environmental Consulting ServicesAGREEMIENT
CITY OF CUPi=RTINO
3 ~ 10300 Torre flvenue ~~~~~~~
Cupertino, CA, 95014
V ~ 408-777-3:?00 _ NO.
~~
BY THIS AGREEMENT, made and entered into this I`~ day of 2009, by and be en the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Environmental C nsuiting Services, 18488 Prospect Road,
Suite 1, Saratoga, CA, 95070, (408) 257-1045 (Hereinafter referred as CONTRACTOR), in consideration of their
mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specltied services and/or materials:
Acoustical consulting services related to new soundwall con:~truction at 7648 Elderwood Court, as described in the
attached Exhibit A.
EXHIBITS: The following attached exhibits hereby are made mart of this Agreement:
Exhibit A, Proposal for Residential Traffic Noise Mitigation Study
TERMS: The services and/or materials furnished under this Agreement shall commence on April 15, 2009 and shall
be completed before May 31,200
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: '
Based on Time & Materials with a maximum not to exceed $2,450.
California Labor Code, Section 1771 requires the payment of prevaUing wages to all workers empbyed on a Public Works contract fi excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harnless. Contractor agrees to save and hold harmless the City, Its officers. agents and employees fr~n any anance of this Agreement Cdity
to negl~ence, errors and anissions, Including all costs of defending any claim, caused by or arising out of the perform
shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should Ure City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commenting any services
under this Agreement. Said Certificate shall be subject ~ the approval of Gt~s Director of Administrative Services.
Non-0iscrknination. No dispimfnation shalt be made in the employment of persons under this Agreement because of the race, cofir, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement Is rat a contract of employment in the sense that the relationship of master
and servant exists between Gty and ~dersigned. 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 flnandal Interest under this Agreement I.s an officer or employee of City.
Changes. This Agreement shall not be assigned or trensfered without the written ~nsent of lire Ciiy. No changes or variations of any kind are
authorized wiflwut the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME : David Stillman
DEF~ARTMENT: Public Works
`~ ENTERED
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.
CONTRACT R: CITY UPER INO:
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Soc. Sec. # or Tax LD. 7 7 _ ~ ~ ~ ~ / Q
Environmental Consulting Services 18488 Prospect Road -Suite 1, Saratoga, CA 95070
Phone: (408) 257-1045 stanshell99@toa:~t.net FAX: (408) 257-7235
March 24, 2009
Mr. David Stillman
Public Works Dept.
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposal for Residential Traffic Noise Mitigation Study, Elderwood Court,
Cupertino
Dear Mr. Stillman,
In response to your request, I appreciate the opportunity to submit a proposal for a noise study
for the subject project on Elderwood Court near Stelling Road. The focus of the study would be your
concerns about backyard noise levels at the Cornell residence, and the effectiveness of the present wood
fence and potential benefit of a masonry wall. The stud~,r would involve on-site analysis of the existing
backyard noise levels at the subject residence and at a neighbor's residence nearby on the same street. A
major contributor to determining the noise levels in the backyards is the actual noise path from the freeway
to each yard, which is affected by topography, distance, elevations, wall height, and the Stelling Road
overpass structure. Below I have provided an estimate of the key field work and acoustic analysis tasks
that would be involved:
Key scope and tasks:
Measure exterior backyard noise levels at the '7630 and 7648 Elderwood residences for 15 to 20
minutes each during the same period of the day. (20% )
Assess relevant topography for two locations, ~~ompile and compare the principal traffic noise path
for the two locations, and contribution to noise levels. (15%)
Model traffic-based Ldn noise levels and benefits of walls in place (15%)
Assess effect installing masonry property line noise wall at 7648 Elderwood. (20% )
Prepare report describing results of noise measurements, analysis, and recommendations (30% )
Estimated fees for the noise study described above would be based upon the actual time and
materials required to complete the work as described s~bove, at a rate of $175 per hour plus expenses, not
to exceed $2450. A study report generally could be completed within two weeks after go-head and receipt
of all needed project information. I would like to have a scale drawing of the site with contours, if possible.
I would also need access to the two residences for m~~king noise measurements. I would handle all
phases of the project as project manager.
I have over 30 years of experience in the noise analysis and mitigation Feld relating to community
noise and development projects, including several projects similar to this, in northern California, the San
Francisco Bay area, and Monterey and Santa Cruz Counties. As you may know I wrote the Cupertino
Noise Ordinance under contract to the City a number of years ago, and also prepared a couple versions of
the Noise Element. I have attached a Statement of Qualifications. I would be happy to provide a
representative list of ECS noise studies completed, if desired.
Traffic Noise Study Proposal, Elderwood Court, Cupertino
Page 2 of 3
If you need more details on this proposal, or if 'the scope or estimated cost of the project is not
satisfactory, please let me know immediately, so that we can make a mutually acceptable modification. If
the scope of the study proposal is acceptable, an authorized signature at the end of this document will
allow this document to serve as a Letter of Agreement and work can proceed at your convenience. I look
forward to working with you on this project.
Sincerely,
H. Stanton Shelly
Acoustical Consultant
Board Certified Member (1982)
Institute of Noise Control Engineering
Attachment: Statement of Qualifications
Proposed Noise Study approved.
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Signature % Date ~
Printed Name ~f'tV `fl ~ 7- ~ +- L M ~ ~
Title ~~~~ ~ ~ ~ w~ L ~ J~/bi N ~~~
Environmental Consulting Services '` Saratoga
Traffic Noise Study Proposal, Elderwood Court, Cupertino
Statement of Qualifications
H. Stanton Shelly - Aca~ustical Consultant
Professional Interests and Capabilities
Page 3 of 3
Architectural noise control, exterior and interior, including California Title 24 Noise Insulation
Standards; machinery noise measurement, analysi:~, and control; traffic noise measurement and
modeling; municipal noise ordinance development rind enforcement; land use planning for noise
compatibility, including environmental impact analy:~is 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 G~ublic facility projects. A list of representative
ECS noise studies is available on request.
Education and Training
B.S.E. (Electrical Engineering) -University of Michi~3an
M.S. Civil Engineering (Environmental) -Stanford llniversity
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 C-ynamics/Astronautics,
San Diego - 1963-1967
Environmental Consulting Services Saratoga