06-006, Environmental Consulting Services
C'=> cO Ie
AGREEMENT
BY THIS AGREEMENT, made and entered into this 19th day of December, 2005, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Environmental Consultinq Services (2)
Address: 18488 Prospect Road. Suite 1 City: Saratooa Zip: 95070 Phone: (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 specified services and/or materials:
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NO.!/1JlJ s-4 9l..J
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS: The services and/or materials furnished under this Agreement shall commence on December 19. 2005
and shall be completed before When complete - no later than February 1. 2006
COMPENSATION:
Shall not exceed
For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Shall not exceed $2,300.00 vI'EJ
ENTERED
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 Ciddy Wordell
DEPARTMENT Plan nino 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.
CITY OF CUPERTINO:
By: Ciddy Wordell
Title: City Planner
By:
Title:
EXPENDITURE DISTRIBUTION
~ 60,). lJ~
Environmental Consulting Services 18488 Prospect Road - Suite 1, Saratoga, CA 95070
Phone: (408) 257-1045 stanshe1l99@toast.net FAX: (408) 257-7235
December 14, 2005
Ms. Ciddy Wordell, AICP
City Planner
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposal- Noise Study for California Water Service Company Station 34 Drinking Water
Well Installation, North Portal Avenue, Cupertino
Dear Ms. Wordell,
I appreciate the opportunity to respond to your request for a proposal to provide a noise study
of the subject Cupertino project. The proposed study would involve making ambient noise
measurements at the proposed site with existing equipment off and then performing measurements of
present pump noise, evaluating the proposed new installation, then calculating the noise levels at the
nearby residential receptor locations for the worst case operating conditions. Compliance with the
City's noise ordinance and zoning standards for the intended use profile of the equipment would be
considered. A general description of potential construction noise would be presented. From the noise
analysis I would prepare a report containing a description of the field measurements, analyses, and, if
required, recommendations for mitigation measures to meet the City of Cupertino noise standards.
The estimated portion of work involved in each phase of the study would be as follows:
Planning, data gathering and field work 25%
Analysis of potential receptor locations and 25
associated property line noise levels
General mitigation measure development 20
Recommendations and report preparation 30
Fees for the noise study would be based upon the time and materials actually required to
complete the work as described above, at a rate of $150 per hour plus expenses, but not to exceed
$2300. The study and report generally could be completed within two weeks after go-head and receipt
of all needed project information. I would handle all phases of the study as project manager.
I have over 25 years of experience in the noise analysis and mitigation field relating to
community noise and land development projects, including many projects similar to this project in the
South Bay, Santa Cruz, Monterey and the greater San Francisco Bay area, and many in Cupertino. I
have attached a Statement of Qualifications for your information. A representative list ofECS noise
studies completed can be provided on request.
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 the proposed scope is acceptable, an authorized signature at the end of this document
will allow this to serve as a Letter of Agreement and work can proceed at your convenience. I look
forward to working with you and your team on this project.
California Water Service Company Station 34 Noise Study Proposal, Cupertino
Page 3 of3
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 one hundred fifty 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.SE (Electrical Engineering) - University of Michigan
M.S. Civil Engineering (Environmental) - Stanford University
Institute of Noise Control Engineering (lNCE):
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
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Saratoga