08-093 Charles M. Salter Assoc., Inc.AGREEMIENT
CITY OF CUF'ERTINO
10300 Torre Avenue
Cupertino, C,4 95014
408-777 X1200
No.~~6~9~
BY THIS AGREEMENT, made and entered into this ~~day of ~'"F-I~+I+-L, 2008, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Charles N1. Salter Associates, Inc., 130 Sutter Street, Suite 500,
San Francisco, CA 94104, (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:
Acoustical consulting services related to new soundwall construction at 7648 Elderwood Court, as described in the
attached Exhibit A.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A, Scope of Services and Fee Estimate
TERMS: The services and/or materials furnished under this F~greement shall commence on August 21, 2008 and shall
be completed before December 31, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Based on Time & Materials with a maximum not to exceed $8,300.
California Labor Code, Section 1771 requires the payment of prevailing wages to all 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 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 herE~in.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before wmmencing 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 riot a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor :hall be deemed to be an Independent contractor and Contractor Is not
authorized to bind the City to any contracts or other obligations in executinfl 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: ENTERED
NAME : David Stillman DEPARTMENT: Public Works Lrl' # ` i~1
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.
CONTRACTOR: ,•-~ CITY OF CUPERTINO:
Title ~r',~~~~ CQY1r_,~~'~Y~~ Titled--~v,~R C~~va~.. ~r'vi/~~~~
Soc. Sec. # or Tax LD. ~~' " ~
APPROVALS
EXPENDITURE DISTRIBUTION
TMEN D DATE
~~ .?`.Q •110-8101-7014 $8,300.00
CITY K DATEB_Z~ ~~
~,
J - °
Consultants in
David Stillman
Acoustic ~
Audio/Visual City of Cupertino
system °esign 10300 Torre Avenue
and Telecommunications
Cupertino, CA 95014-3255
3o softer street. suite 50o Email: davids@eupertino
org
San Francisco .
California 94104
Tel: 4,5 ss~ 0442 Subject: Connell Residence Noise Barrier, Cupertino, California -
Fa~ 4,5 23' o4s4 Proposal for Acoustical Consulting Services
infoia!crosalter com
www crosalter.com
Dear David:
Charles M Salter, PF
Uavid R Schwind, FAES
Thank you for contacting our firm regarding your need for acoustical consulting services.
Anthony P Na,h. PE
Eva DneslE~r We understand that a City of Cupertino resident, Dorothy Connell, owns a home along
Thomes A ScliincJler. PE Highway 85 for which the CalTrans sound wall is not providing satisfactory noise
"~nneth W `drnvF.n. PF reduction. The existing sound wall was not constructed along the entire length of the
Frir ~ Broadhurst. PE
P
lli
N ~
property and a wood fence has been constructed as a potential remedy. You have asked
an~,.~rs
h
o
R°bF~ ~ Al~arartn us to provide recommendations for rc;ducing noise to the backyard area of the property
°r»; r. t reyrn~, PE which would also reduce interior noise at a first-story height. Reducing noise at higher
°"'gin`' R Reta"'`. Ph ° elevations could be achieved by architectural assemblies which will also be evaluated.
Michas D Tny PF
The following summarizes the scope of services necessary to complete the task:
Th,°ms ., ~:°rbett
ROSS A JP.IOZ 7
Jas°n R Duty SCOPE OF SERVICES
Cristina L Miyar
Joey G D'Anyelo
Erlc A Yee • Perform a preliminary review of CalTrans noise barrier guidelines and conduct a site
J°5hua M Rope, visit to observe the existing noise barrier constructions;
Troy Gimbel
Ranr~y ~ Warder h
t
P
t
K H
l • Perform one site visit to deploy a noise monitor that would allow us to quantify the
e
er
o
s
Andrew ~ Stanley existing noise levels generated b}~ Highway 85 fora 24-hour period. During this site
~hnst°~her A PeltiE°r visit, we will perform short-term acoustical measurements at the Connell residence
Tunothy ' Br°wn backyard and master bedroom locations, and at a neighbor's backyard for which the
Jeff Clukey
noise barrier provides continuous shielding along the property line;
Ethanalter
Elaine Y Hsieh
Alexander K Sa'te' • We will analyze the data to evaluate the noise reduction that would be provided by
Jeremy ~ ~„"ke` constructing the extension of the noise barrier. In addition we will provide a letter
~
RVan McClain
Ala°d,;, Krnehe summarizing our findings and recommendations for the noise barrier construction,
Reacher Mlgut including window assemblies and/or other acoustical treatments that would reduce
Josselyn sa'te' interior noise levels at the residence;
Candice Huey
Brian Good
Mara ~ Noordzee • We will review one set of constriction documents for the noise barrier to comment on
°ebbie Garcia acoustical issues related to the design.
Jasmine Recidoro
Alison Whdson
David Stillman
11 August 2008
Page 2
EXIflBIT A
Subsequent to the construction of the; noise barrier, we are available to provide follow-up
acoustical testing to quantify and doc;ument the reduction in noise level at the residence's
backyard. Our findings will be provi~~ed in a letter.
FEE ESTIMATE
Our hourly rates are summarized on the attached Terms and Conditions sheet. Based on
our experience with similar projects, we estimate our fees to be as follows:
Preliminary review of relevant information and survey site visit .............................. $1,045
Site visit to conduct acoustical measi~rements ........................................................... $2,280
Perform analysis and prepare a letter with recommendations ....................................$1,520
Review noise barrier design and provide comments as necessary ................................ $760
Post-construction acoustical measure~ments ............................................................... $1,900
Total ........................................................................................................................... $7,505
Fees for travel and equipment-use charges will be billed in addition and are expected to
be approximately $650.
EXCLUSIONS
Not included in the scope of services above are:
• Meetings, letters, site visits, dra~~ing reviews, and acoustical measurements beyond
the scope outlined above
• Evaluation of ground-borne or airborne induced vibration
Any additional acoustical consulting services not discussed in this proposal can be
provided on an hourly basis or under a separate contract. If you agree with the above
scope of services, please sign in the :;pace provided below and return a copy to our office
as our authorization to proceed. Plea;~e do not hesitate to call if you have any questions.
Sincerely,
CHARLES M. SALTER ASSOCIATES, INC.
/ '
Timothy G. Brown
Principal Consultant
Enclosures as noted
k/dsllAug?0081gb03
AGREED & ACCEPTED
By: ""
City of Cupertino
Date: ~ ~ ~ • ~ ~
C fl A r k@ S M $ a ~ t e r A S S O C 1 a t@ S ( h C i~sn =~.~ue~ s~~,~~a 5,~~~ F~anr ~5~.~~ rai~n,~~~a 9aioa r~i ais 397 oaa2 Fax ai5 3e~ oasa
E~HI~IT A
C h a r l e s M S a l t e r Associates I n c
TERMS AND CONDITIONS
Insurance:
General Liabilitv $2,000,000
Workers Compensation $1,000,000
Automobile Liabilitv $2,000,000
Professional Liability ("Errors and Omissions"Z Professional liability of Charles M. Salter Associates,
Inc. (CSA), its officers, employees and subconsultant:~ 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°~o prior to start of our services.
Schedule of Hourly Rates:
President and Senior Vice President $250
Vice President and Director $230
Principal Consultant $190
Senior Consultant $145
Consultant $125
Technical Assistant $90
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 maybe required after this
period.
CSA specifications input and details have all rights rE:served 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 fc~r the project. To facilitate drawing reviews, we
require that paper copies of contract documents be seat to our office.
Site visits and observations, if any, conducted by our iinn relate only to our work. We are not
responsible for the safety of others at the job site. /~(,~~ 1 ' 20G3
130 Sutter Street San Francisco California 94104 Tel: 415 397 0442 Fax: 415 397 0454