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06-084, Charles M. Salter Associates, Inc. AGREEMENT Ot-(J2t.j BY THIS AGREE T, made and entered into this 23rd day of Auaust, 2006. by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Charles M. Salter Associates. Inc. (2) Address: 130 Sutter Street. Suite 500e City: San Francisco Zip: 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: Vallco Parking Structure - Community Noise Measurements - Acoustical Consulting Services CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NO.t%l} ~S-4~4- EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Charles M. Salter letter dated August 22, 2006, scope of services. Measurements will be taken at the intersections of Wheaton/Dennison, Norwich/Amherst and one additional location closer to the new parking garage. TERMS: The services and/or materials furnished under this Agreement shall commence on October 2. 2006 and shall be completed before October 2. 2007 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Shall not exceed $11,500.00. Payment is based on actual hours spent on carrying out the project. 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: '1J ENTERED NAME Ciddv Wordell DEPARTMENT Plannina 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. cr;z: B . / /1/ ~ ~ Title: PI.,'I;"P 1'.1. ..c~.....~ ~ct?r~ r:th", r ~1' I. j). fI- CITY OF CUPERTINO: By: Ciddv Wordell Title: Citv Planner DATE [J' (6'~ DATro _I e-ocO 110-2211 Consultants in Acoustics AudioNisual System Design and Telecommunications 130 Sutter Street, Suite 500 San Francisco California 94104 Tel: 415 397 0442 Fax: 415 397 0454 info@cmsalter.com www.cmsalter.com Charles M Salter. PE David R Schwind, FAES Anthony P Nash, PE Eva Duesler Thomas A Schindler, PE Kenneth W Graven, PE Eric L Broadhurst. PE Philip N Sanders Robert P Alvarado John C Freytag. PE Durand R Begault, Ph.D. Michael D Toy, PE Thomas J Corbett Ross A Jerozal Jason R Duty Cristina L Miyar Joey G D'Angelo Eric A Yee Joshua M Roper Troy Gimbel Randy D Waldeck Peter K Holst Andrew L Stanley Christopher A Peltier Timothy G Brown Jeff Clukey Ethan Salter Elaine Y Hsieh Alexander K Salter Jeremy L Decker Ryan McClain Claudia Kraehe Heather Migut Josselyn Salter Candice Huey Brian Good Marva D Noordzee Debbie Garcia Jasmine Recidoro Alison Whitson ~'-;. CEIVED AUG 2 3 2006 Charles Salter ate s I n c M Assoc 22 August 2006 Ciddy Wordell City of Cupertino Planning Department 10300 Torre Avenue Cupertino, CA 95014 Fax: 408.777.3333 Subject: Vallco Parking Structure - Community Noise Measurements- Proposal for Acoustical Consulting Services Dear Ciddy: Thank you for requesting a proposal for a noise study for the new Macy's parking structure at the Vallco Shopping Center. This letter outlines our proposed scope of services and fees. SCOPE OF SERVICES Per the conditions of approval for the parking structure, "The applicant shall do a before and after noise study, particularly at the end of Wheaton Drive, at Dennison and Norwich, to establish a baseline to evaluate future project-generated noise." Our scope of services would include the following: "Before" Study 1. Measure noise levels continuously for a period of at least 48 hours at the end of Wheaton Drive and at one other location to be determined. Since the parking structure is currently under construction, the noise measurements would need to be scheduled to avoid construction noise. We expect to coordinate with the contractor to accomplish this. Measurements are likely to include at least one weekend day and will include brief recordings of noises that exceed a certain threshold to aid in identifying noise sources. 2. Provide a written summary of our findings to document baseline noise levels in the community "After" Study 1. Repeat the noise measurements in the same locations after the parking structure is complete and in use. We understand that target completion is November of2006. 2. Provide a written summary comparing "before" and "after" noise levels and discussing the significance of any changes Ciddy Wordell 22 August 2006 Page 2 ADDITIONAL SERVICES The following services are not included in the above scope, but may be added if desired. 1. Recommendations for reducing noise from the parking structure, if needed 2. Attendance at meetings or public hearings FEE ESTIMATE We plan to provide acoustical consulting services on a time and expenses basis in accordance with the attached terms and conditions. Estimated maximum fees for the above scope of services, including instrumentation use fees, are as follows: "Before" Study.. ... ...... ..... ... ........ ..... ... ... .......... ... ... ... ... ....... .... ... .... ... .... ... .......... ......... $5,500 "After" Study.............................................................................................................. $6,000 We assume that the "Before" study will commence within 90 days of the date of this proposal and that the "After" study will commence within one year after that. If this proposal is acceptable, please sign in the space provided below and return a copy to us as authorization to proceed. Please do not hesitate to call if you have questions. Sincerely, CHARLES M. SALTER ASSOCIATES, INC. AGREED & ACCEPTED C];j 11A~~ Philip N. Sanders Vice President Enclosure as noted By: elL ~~ '&J~ City of Cu ertmo /0//0/0 (, Date: klmm22Aug2006p1ls01 C h a r I e s M 5 a I t erA s s 0 cia t e sin C 130 Sutter Street San Franc,sw California 94104181415 397 0442 Fax ,1153970454 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 subconsultants is limited to $50,000, or our total fee, whichever is less. The above limitation of professional liability can be increased to the limit of our insurance policy ($1,000,000) by increasing our total fee by 10% prior to start of our services. Schedule of Hourly Rates: President and Senior Vice-President $240 Vice- President and Director $220 Principal Consultant $180 Senior Consultant $140 Consultant $120 Technical Assistant $85 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 renegotiation of our hourly rates may be required after this period. \ CSA specifications input and deta have all rights reserved by Charles M. Salter Associates, Inc. D }. \. _11 These documents are for use only on e g ~ect for which Charles M. Salter Associates, Inc. is e. -{,~ retained. It is the project architect's an ngineer's responsibility to coordinate and verify the C- vJ suitability of all specifications input a ails as appropriate for the project. To facilitate drawing 9 (J-~O&' reviews, we require that paper copie of con ct 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. !' ~ t ~ f') A C h a r I e s M 5 a It erA s s 0 cia t e sin C 130 Sutler Street San FrancIsco California 94104 Tel 4153970442 Fax 4153970454