07-023, Environmental Consulting Services
67-0;'3
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NOt!RP-tJ" 4-9 J>
BY THIS AGREEMENT, made and entered into this 27'h day of Februarv, 2007. by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Environmental Consultina Services (2)
Address: 18488 Prospect Road. Suite 1 City: Saratoaa 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:
Noise Study Proposal for the Las Palmas Residential Development, North Stelling Road, Cupertino
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Environmental Consulting Services scope of work proposal (Attached)
TERMS: The services and/or materials furnished under this Agreement shall commence on Februarv 27,2007
and shall be completed before When complete - no later than April 27. 2007
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Shall not exceed Shall not exceed $3,400.00
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 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.
'1J ENTERED
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Garv Chao
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.
CITY OF CUPERTINO:
By: Garv Chao
Title: Associate Planner
EXPENDITURE DISTRIBUTION
$3,400.00
Environmental Consulting Services 18488 Prospect Road - Suite 1, Saratoga, CA 95070
Phone: (408) 257-1045 stansheIl99(a~toast.net FAX: (408) 257-7235
November 24, 2006
Mr. Gary Chao
Assoc. Planner
10300 Torre Avenue
Cupertino, CA 95014-3202
Re: Noise Study Proposal for the Las Palmas Residential Development,
North Stelling Road, Cupertino; Dahlin Group Project No. 305.001
Dear Mr. Chao,
I appreciate the opportunity to respond to your request for a noise study proposal on the subject
residential development in Cupertino. The scope of the noise study would comply with State multifamily
residential noise standards and City of Cupertino residential development guidelines, including on-site
noise monitoring. The primary noise source at this location would appear to be traffic on Highway 280,
and to some extent that on North Stelling Avenue. Long-term design noise levels for the project residential
units with the highest anticipated noise exposures would be determined, based on field noise monitoring
and projections of future vehicular noise in the area.
A noise report would be prepared describing field noise measurements, analysis procedures, and
noise design guidelines. General noise mitigation measures would be developed, to the extent they are
required.
The estimated portion of work involved in each phase of each noise study would be as follows:
Data gathering and field work
Analysis and modeling
Mitigation measure development
Report preparation
25%
25
15
35
The fee for the noise study would be based upon the actual time and materials required to
complete the work as described above, at a rate of $175 per hour plus expenses, not to exceed $3400. A
report generally could be completed within two weeks after go-head and receipt of all relevant project and
traffic information, weather permitting convenient field measurements. I have a set of site and design
drawings dated October 24, 2006, which I believe are the latest version. I understand there are no special
noise-related conditions of City approval, such as exterior protected areas with specific noise limits, but
that a noise wall along the freeway property line will be constructed. Finally, I would need authorized and
ready access to the site for making noise measurements (that is, without the need to scale fences or worry
about existing conflicting on-site activities). I would hope that a partial completion payment of $1000, in
lieu of a retainer, would be available soon after work is under way. I would handle all phases of the study
as project manager.
Las Palmas Residential Development Noise Study Proposal- Cupertino
Page 2 of 3
As you are aware, I have over 25 years of experience in the noise analysis and mitigation field
relating to community noise and development projects, including many projects similar to this in northern
California, as well as others in the San Francisco Bay area, and in Monterey and Santa Cruz Counties, and
many in Cupertino. I have attached a Statement of Qualifications. A representative list ofECS noise
studies completed can be provided on request.
If you need more details on this proposal, or ifthe 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 scope of the study proposal is acceptable, an authorized signature at the end of this document will
allow this to serve as a Letter of Agreement and an authorization to enter the project site for noise
measurements, and work can proceed at your convenience. Or a City P.O. or contract can also be prepared
with this proposal as an attachment. 1 look forward to working with you and your team on this project.
Respectfully submitted,
~~
H. Stanton Shelly
Acoustical Consultant
Board Certified Member (1982)
Institute of Noise Control Engineering
Att: Statement of Qualifications
Proposed Las Palmas Residential Development Noise Study approved.
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Environmental Consulting Services
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Saratoga
Las Palmas Residential Development 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.S.E. (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 Emplovment
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