09-108 Charles M. Salter Assoc, Barnhart Basketball Court Noise StudyAGREEtV1ENT
~~ CITY OF CUF'ERTINO
10300 Torre Avenue
Cupertino, CA 95014 ~`-/
/~ 408-777-3200 NO. ~~~J b ~~a
BY THIS AGREEMENT, made and entered into this 31st day of August , 20091 by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY} and Charles M Satter Associates, inc., Timothy Brown, Address:
130 Sutter Street, Su. 500, San Francisco, CA 94101;Phone: 415-397-04d2; Fax: 415-397-0454; a-mail:
timothy.brawnC°lcrosalter.co_m 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:
Sterling Barnhart Basketball Court Noise Study
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit "A" Proposal
TERMS: The services and/or materials furnished under this F~greement shall commence on Auqust 31, 200
and shall be completed befor6 November 30, 2009. Ana/ysls and Assessment fo be completed by September 15,
2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Analysis and Assessment shall be paid on Time and Materials basis Not to Exceed $ 1,500.00 without City
Approval
California labor Code, Section 1771 requires the payment of prevailing wsges to all workers employed on a Public Works contract in excess of
31,000.00.
GENERAL TERMS AND CDNDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its oficers, agents and employees from any and ail 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 herf:in.
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 discrlminalion 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 rot 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. Th1s 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 stall be: ~NTER~7~
NAME: Terry Greene DEPARTMENT: Public Works 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.
CONTRACTO CITY OF CUPERTINO:
gy Q1 ~t1 BY
Title '~ ~1 ~~ ~ S~~~GC~~ Title: Terry Greene, AIA, City Architect
Soc. Sec. # or Tax I.D. ~ •- a~t~lyrt-~t.r
APPROVALS
E;<PENDITURE O1STRtBUT10N
DEP MENT D ~ DATE
.2
4.20-9126-9300
$ 1,540.00
___- .
CITY' ERK DATEc1 ~ ~
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EXHIB
IT A
17 August 2009
Consultants in
Acoustics
Audio/Visual Drew Golkar
System Design 10153 Denison Avenue
and Telecommunications
Cupertino, CA 95014
3o sorter street, suite 500 E-mail: drew@golkar.us
San Francisco
California 94104
Tel: 415 397 044 Subject: Basketball Court Noise Study, Cupertino
CA -
Fax:415 397 0454 ,
Proposal for Acoustical Consulting Services
mfoc'crosaltercom
www.crosalter.corn
Dear Drew:
Charles M Salter PE
David R Schwind FAf
Thank you for contacting our firm regarding acoustical consulting for your project
We
Anthony P Nash. PE .
Eva Duesler understand that you are constructing a basketball court for which the City of Cupertino has
Tho.„a, A Srhlndler. RE noise level limits. You informed us that the noise limits apply only to the sound made by
Kenneth W Graven. PE the basketball contacting the court and backboard, and not to human voices. To complete
Fric L Broadhurst. PF
the task
we have prepared this proposal including the following sco
e of services and fee
Philip N Sanders ,
p
Robert P Alvarado estimate.
John C Freytag. PE
Durand R Begar,n, Ph.D. SCOPE OF SERVICES
Michael D Toy. PE
Thomas J Corbett
Rosy A Jerozal We will conduct acoustical measurements of various basketball related activities (e.g.,
Jas°n H °nty dribbling
shooting the ball
etc
) at a 20-feet setback behind the backboard
consistent with
Orlstlna I_ Miyar
' ,
,
.
,
the proposed distance between the backboard and property line. We will review one set of
Joey G D
Angelo
r-r;c A ~E.°
project plans that show the location of the proposed basketball court in relation to the
Joshua M Hoper property line. The resulting data obtained from our acoustical measurements will be used
`"''' `'i"'he'' for analysis and assessment of noise impacts
Our findings
along with any requisite
Handy D Waldeck .
,
preliminary mitigation, will be summarized in a letter that can be forwarded io the city.
Peter K Holst
Andrew L Stanley
Christopher A Pallier ~1'~j ~j ESTIMATE
Timothy G Brown
Jeff Glukey
h
E
S
l We will work in accordance with the attached terms and conditions. To complete the task
t
an
a
ter
Elai;,e Y Hsieh
will require a fee not to exceed $1,500.
Alexander K Salter
Jeremy L Decker ExeLUSlOrrs
Ryan McClain
Claudia Kraehe
Heather Migut Not included in the fee estimate above are:
Josselyn Salter -
Candice Huey
• Additional letters, site visits, drawing reviews, and acoustical measurements beyond
Brian G°od the scope of services
Mara D Noordzee
Debbie Garda • Attendance at meetings and/or publi c hearings
Jasmine Recidoro
Alison Whitson
Charles M Salter Associates I n c
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 subconsultanl:s is limited to $50,000 or our total fee, whichever
is less. The above limitation of professional liability ~~an be increased to the limit of our insurance
policy ($1,000,000) by increasing our total fee by 10`%o prior to start of our ser/ices.
Schedule of Hourly Rates:
President and Senior Vice President $250
Vice President and Director $230
Principal Consultant $190
Senior Consultant $145
Consultant $125
Technical Assistant $90
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 renegoti;~tion of our hourly rates may be required after this
period.
CSA specifications input and details have all rights reserved by Charles M. Salter Associates, Inc.
These documents are for use only on the project for which Charles M. Salter Associates, Inc. is
retained. It is the project architect's and engineer's responsibility to coordinate and verify the suitability
of all specifications input and details as appropriate for the project. To facilitate drawing reviews, we
require that paper copies of contract 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.
130 Sutter Street San Francisco California 94104 Tel: 415 397 0442 Fax: 415 397 0454 AUG 1
Drew Golkar
17 August 2009
Page 2
These additional services can be provided on an hourly basis or under a separate contract.
If you agree with the above scope of services, please sign in the space provided below and
return a copy to our office as our authorization to proceed. Do not hesitate to call if you
have any questions.
Please do not hesitate to call if you have any questions.
Sincerely,
CHARLES M. SALTER ASSOCIATES, INC.
~ ~~
~.
Timothy G. Brown
Principal Consultant
Enclosures as noted
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By:
Date:
AGREES &"iCCEFTEB
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Charles M Salter Associates Inc ,a, s~ue~ s<<ee~ say F~~„~~s~o cai~rorr,~a 9a,oa re~_ ~,5 see oaaz Fax: 4,5 sg~ oasa