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02-079 Charles Salter Association, Inc..,,~ AGREEMENT ~~~ .6 CITY OF CIJPERTINO 10300 Torre Avenue CI`iY OF Cupertino, CA 95014 C U P E TIN ~- ~ ~ ~ ~ (408) 777-3200 BY THIS AGREEMENT, m en ered into on the 6th by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) CHARLES M. SALTER ASSOC. , INC. _ (2) Address 130 BUTTER ST. City SAN FRANCISCO, Chip 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: • Aca~s-hc~.l (Ay~,.sv1-}-rrLq jex~tc-es "For- .Sa,rti~.1-o~m.. C.ree~ Ti~-~1 EXHIBITS: The following attached exHibits hereby are made part of this Agreement: 07/31/02, SALTER LETTER CONTAINING SCOPE OF WORK, FEE ESTIMATE & RATE SCHEDULE TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on AUGUST 12 . 2002 and shall be completed before AUGUST 12, 2003 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ~4, 600; THE FOLLOW UP NOISE MEASUREMENTS WILL BE COi'dDUCTED JiVLY IF D%F.~IF.D IdECESSAi~Y DY THi: PUBLiC 1JU"tci~S DIRECTOR California Labor Code, Section 1771 requires the payment of prevailing wages to atl workers employed on a Public Works contract in excess of $1,000.00. 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, 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. due to negligence, errors and omissions Insurance: Should the City require evidence of insurability, Contract~~r 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 undersigred. 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 small be: NAME C:ARyiF.N T,YNAiiGN/[' ATN ~0 .PF R _ DEPARTMENT PTTRT.TC WnRY.S This Agreement shall become effective upon its execution by ~;,ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOI E3y Title Sec-3ec.-~" APPROVALS CITY CUPERTINO• ,~ ~~ E3y l"itle acct nIRF~-T~R~~P~a~IG T--.:oRI~S ~ ~ ~~ ~ ~ ~ XPENDITURE DISTRIBUTION M DA ACCOUNT NUMBER AMOUNT r C Y CLE DATE /3-~~~-- vrn~~ - ~" -'714 ~~ -~. ~ ~~~ NO.C~ L~~o~~ day of AUGUST 20 02 , White: City Clerk J Green: Finance Yellow: Contractor Receiving ~ Gold: Department ~. ( .. 1• , ~~'_ . A s s o ci a t e ,` f n c Consultants in Acoustics & Audio/Visual System Design 130 Sutter Street San Francisco California 94104 Tel: 415 397 0442 Fax: 415 397 0454 crosalter@ crosalter.com www.crosalter.com Charles M Salter, PE David R Schwind, FAES Anthony P Nash, PE Eva Dueller Thomas A Schindler, PE Alan T Rosen Kenneth W Graven, PE John C Freytag, PE Harold S Goldberg, PE Timothy M Der Eric L Broadhurst, PE Michael D Toy, PE Thomas J Corbett Durand R Begault, Ph.D. Ross A Jerozal Philip N Sanders Jason R Duty Cristina L Miyar Robert P Alvarado Joey G D'Angelo Julie A Malork Brian Brustad Brenda R Yee Eric A Yee Timothy C McLain Troy Gimbel Joshua M Roper Kevin M Powell Christopher A Peltier Randy Waldeck Andrew Stanley Claudia Kraehe Jessica Johnston Pamela M Vold Kevin Frye Peter Holst Ian Graven Marion G Miles Marva D Noordzee Rayko Kurosaki 31 July 2002 Carmen Lynaugh City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Saratoga Creek Trail-•- Proposal for Acoustical Consulting Services Dear Carmen: ~F~~w,; ~ ~~a ;.1 Joe Enke of Zumwalt Engineering Group has sent us photos and drawings of the proposed bike trail/sound wall intersection. We understand that the existing sound wall acoustically shields some Lawrence Expressway traffic noise to some of the homes located along Ashbourne Court. This letter summarizes our fee proposal to evaluate potential noise impacts associated with opening up a SI-foot section of the wall for the new bike trail. SCOPE OF WORK 1. We will conduct one 24-hour measurement along Lawrence Expressway and a simultaneous short-term measurements at the backyard fence of a home located at Ashbourne Court to document the baseline noise conditions. With these measurements we will be able to determine the efj~ectiveness of the sound wall. 2. We will determine the approximate: noise increase that would be experienced in the backyards of the existing homes when the 9-foot section of the sound wall is opened up. Based on the current design, wf; anticipate that the acoustical impact would be very minimal. Our findings would be summarized in a letter. 3. We will be available to re-measure at the project site after the bike trail is completed. FEE ESTIMATE Our hourly rates, terms and conditions are summarized on the attached sheet. Based on our experience with other projects of t}iis type, we estimate that our fee requirement for the aforementioned tasks, including reimbursable expenses and instrumentation-use charges, to be as follows: Carmen Lynaugh 31 July 2002 Page 2 1. Initial baseline measurements ...............................................................................$1,700 2. Impact analysis and summary lettet• ......................................................................$1,200 3. Follow-up noise measurements ............................................................................ 1 700 Total ...................................................................................................................... $4,600 This concludes our proposal. If you agree with the scope of work and fee estimate, please sign in the space indicated below and return a copy to our office as our authorization to proceed. Please call with any questions. Sincerely, Agreed and Accepted CHAR M. SALTER ASSOCIATES, In C. , Mic ae :~. By: Principal C sultant /..~~~ ~ , ~jlR , ~~ ~U ~ c. [~odLkS Enclosure: as noted 2002/pmv% ul3 /mdt0! Date: ~t ~ ~Z~Z cc: Joe Enke Zumwalt Engineering Group 2680 Bishop Drive, Ste 150 San Ramon, CA 94583 C h a r ~ @ $ ~ S ~ ~ t @ ~ ~ S S O C 1 ~ ~ @ S 0 q1 C 130 Sutter Street San Francisco California 94104 Tel: 415 397 0442 Fax: 415 397 0454 ~3~arles iEA Sa9~er ~~s®ciates 9nc TERMS AND CONDITIONS Insurance: General Liability $2,000,000 Workers Compensation Automobile Liability $1,000,000 $2,000,000 Professional Liability ("Errors and Omissions"): Professional liability of Charles M. Salter Associates, Inc. (CSA), its officers, employees a;1d subconsultants is limited to $50,000, or our total fee, whichever is less. The above limitation of professional liability can be changed to the limit of our insurance policies by increasing our total fee by 10% prior to start of our services. Schedule of Hourly Rates President, Senior Vice-President, $200 Vice-President, Director Principal Consultant $160 Senior Consultant $125 Consultant $110 Technical Assistant $75 Reimbursable expenses such as travel, subsistence, meals, lodging and project related materials are billed in addition at cost. Measurement instrumentation is charged 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 fees assume the work will proceed without 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 details have all r%ghts 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. 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 ~ ~ ~ ~ ~ 2~Ct