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11-014 Agreement, Illingworth and Rodkin, Inc., Noise StudyCITY OF AGREEMENT CITY OF CUPERTINO I0300 Torre Avenue CUPERTINO / 408-777-3200 NO.c@P ~? /_{7 BY THIS AGREEM , made and entered into this 241h day of February, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Illingworth & Rodkin, Inc. Address 505 Petaluma Boulevard South City Petaluma Zip 94952 Phone (707) 766-7700 (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: Noise Study EXHIBITS: The following attached exhibits hereby are made part of this Agreement: _ _.E ... x ..... h.-i.-b.;;..;;it""""1"------- TERMS: The services and/or materials furnished under this Agreement shall commence on __ =21 ... 2=a ... 12=0""""1...;..1 __ and shall be completed before 4/11/2011 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $5200 plus travel expenses if incurred per Exhibit 1. 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 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 herein. 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 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 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 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 shall be: NAME Piu Ghosh, Associate Planner 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. CONTRAC:0~~.1 . By /7'.-~kf-_ /l-- Title Via f1M"J1()f,// CITY OF CUPERTINO: By Gar~ Chao ~ Title City Planner Tax ID I Soc. Sec.# t 6 -O II °I JI ('J EXPENDITURE DISTRIBUTION 110-2211 BS 12647 $5,200.00 EXHIBIT 1 /LUNGWORTH&RoDKJN,IM ! Ill• A co us tics • A i r Qua I it y 11111 Tel: 707-766-7700 www.Illingworthrodkin.com February 4, 2011 Ms. Piu Ghosh Associate Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 505 Petaluma Boulevard South Petaluma, California 94952 E-MAIL: PiuG@cupertino.org Fax: 707-766-7790 illro@illingworthrodkin.com SUBJECT: Sunflower Learning Center New Daycare and Pre-school, Cupertino, CA- Proposal to Prepare the Noise Study Dear Ms. Ghosh: Thank you for inviting our firm to submit this proposal to prepare the environmental noise assessment for the proposed new daycare and pre-school at 18900 Stevens Creek Boulevard in Cupertino. I&R has completed many noise studies in Cupertino and is up to date on current noise policies and standards that would be relevant in the assessment of noise impacts resulting from the project. The following scope of work and cost estimate are based on the information you provided and our prior experience with similar projects. Scope of Work V/e will complete the following tasks in the noise assessment: (1) Establish Existing Baseline Conditions. We will conduct a noise monitoring survey to quantify existing ambient noise levels at the project site and at adjacent residential land uses. We propose to measure noise levels over a period of several days at two locations representative of adjoining residences. Additional short-term attended measurements would be made to further characterize the noise environment. (2) QuantifY Noise from the Existing Sunflower Learning Center. We will quantify noise levels from the applicant's current facility for use in the noise projections. We will use actual measured data in combination with ambient noise monitoring results at the proposed project site to characterize the change in noise levels expected from the project. Noise level projections will be made for different activity periods based on Piu Ghosh February 4; 2011 Page 2 Fee the learning center's program of activities, and will be estimated out to the most affected sensitive receiver locations. (3) Assess Noise Impacts. Noise impacts will be assessed with respect to the applicable CEQA checklist questions utilizing the goals and policies set forth in the General Plan and the noise standards contained in the Municipal Code. We will review any other applicable regulations and utilize those as significance thresholds as well. ( 4) Recommend Mitigation Measures. If significant noise impacts are identified, we will recommend measures to mitigate the impacts. These impacts may include administrative controls, such as recommendations for numbers, types, and locations of activities, or physical controls, such as a noise barrier. (5) Deliverables. The results of our work would be submitted to you in a noise study report. The data contained in the report will be sufficient for your needs to complete the CEQA noise analysis. Our fees are based on the following schedule of hourly rates: Principal Senior Consultant Staff Consultant Technical Support $200/hour $175/hour $125/hour $75/hour Travel is billed in addition. We will complete the scope of work outlined above for a fee of $5,200, including direct reimbursable expenses. Work would be billed at Senior, Staff, and Tech Support rates. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. Sincerely yours, Michael S. Thill Illingworth & Rodkin, Inc. Form W-9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not send to the IRS. Department of the Treasury Internal Revenue Service Name (as shown on your income tax return) c\j ILLINGWORTH & RODKIN, INC C]) g> 0. Business name, if different from above c: 0 C]) rJ) Check appropriate box: D Individual/Sole proprietor GZJ Corporation D Partnership c. § D Exempt ~+; D Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) .,. _______ .. 0 payee 0 2 D Other (see instructions) .... t:ih ·c .5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) Q. 0 505 PETALUMA BLVD. SOUTH ~ City, state, and ZIP code 0 C]) c. PETALUMA CA 94952 en C]) List account number(s) here (optional) C]) (/) I :F.11 •• Taxpayer Identification Number {TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line I to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Social security number or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 68 i 0119318 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. ~~ ,,...--) General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Date.._ Definition of a U.S. person. For fed&a1 tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W~9 (Rev. 10-2007)