Loading...
02-1105_DAVID LUBMAN & ASSOCIATES_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of� , 2002, by and between the Capistrano Valley Water District (hereinafter referred to as the "District") and David Lubman & Associates, (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, District desires to retain the services of Consultant to provide acoustical consulting services for pile driving activities at the Desalter Facility; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, District and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A", attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than sixty (60) days from the effective date of this agreement. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed four thousand two hundred eighty dollars ($4280), as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the District at the hourly rate set forth in Exhibit 'A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the District representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the District. The District will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from District is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to District. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of District, and shall obtain no rights to any benefits which accrue to District's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for District to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the District. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the District. If Consultant is permitted to subcontract any part of this Agreement by District, Consultant shall be responsible to District for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and District. All persons engaged in the work will be considered employees of Consultant. District will deal directly with and will make all payments to Consultant. pwshared/agenda/desalter/David Lubmanpsa.doc Page 2 Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the District, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by District, it shall immediately inform District of this and shall not proceed with further work under this Agreement until written instructions are received from the District. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to District at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the District shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the District. pwshared/agenda/desalter/David Lubmanpsa.doc Page 3 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the District. All such reports, information, data, and exhibits shall be the property of the District and shall be delivered to the District upon demand without additional costs or expense to the District. The District acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless District, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Not Applicable 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period pwshared/agenda/desalter/David Lubmanpsa.doc Page 4 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Not Applicable 14.5 Not Applicable 14.6 Notice of Cancel lation/Term!nation of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to District, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the District has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. District and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. pwshared/agendaldesalter/David Lubmanpsa.doc Page 5 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To District: Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: David Lubman & Associates 14301 Middletown Lane Westminster, CA 92683 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. pwshared/agenda/desalter/David Lubmanpsa.doc Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: CAPISTRANO VA4LEY WATER DISTRICT M General Manager CONSULTANT By: David Lubman & Associates of the Board APPROVED AS TO FORM: A A 6) 1 PJaJA1&,'A mar SaIAIVII Ogg J1AA1 11 do al, Deputy Ge eral Counsel pwshared/agenda/desalter/David Lubmanpsa.doc Page 7 David Lubmran & ssoceates 14301 Middletown Lane - Westminster - CA 92683 Voice/Fax: 714 / 373.3050 Email: diubman@ix.netcom.com Mr. Eric Bauman City of San Juan Capistrano Dept. of Public Works CONSULT/NG A RESEARCH /N ACOUSTICS 27 -Sep -02 By Fax to 949.493.3955 Proposal for Acoustical Demonstration of Pile Driving Sounds Dear Mr. Bauman: Thank you for requesting my proposal for a sound demonstration for the SJC City Council. The demonstration is intended to assist the public in making an informed choice of pile -driving options. Objective of Proposal The intent is to. provide realistic and accurate sound, samples of pile driver options, as heard at three distances both outdoors and within a residence. Sounds should be presented at about their natural sound level: that which would be heard if the listener were standing at the specified distances. Most important, relative sound levels must be rendered accurately in order for listeners to judge meaningfully between the options. Scope of Effort David Lubman & Associates (DLA) will make actual recordings of actual pile driver noise levels. By electronically processing these recordings, DLA will produce simulations of the noise that would be heard at each desired distance and under either outdoor or indoor conditions. Simulations will be burned into a CD as standard ".WAV" files. Most modern computers will be able to play these files. This CD may be replicated and distributed to the public, However, for the most accurate presentation, the files should be played back under controlled conditions. DLA will present these sound files to the Department of Public Works (DPW) with headphone ,listening under controlled conditions. When approved by DPW, DLA will demonstrate these sounds for the SJC City Council. The demonstration will allow listeners to audit any of the chosen sound files, enabling rapid "A -B" comparisons. Experience has shown that each sample should be as short as possible (not more than about 5-10 seconds each.) Auditors can make meaningful comparisons-6nly of sound pairs, e.g., A -B comparisons. The second sound of each pair should be presented with little time delay.(not more than about 2-4 seconds). If time and budget allow, simultaneous identical demonstration to two or more auditors can be arranged. EXHIBIT "A" Certified Acoustical Consultant: INCE-hoard (national) & Orange County, CA Fellow, Acoustical Society of America (FASA) .:. MembCr of American Society for Testing & Materials (ASTM) Institute of Noise Control Engineering (INCE) ... National Council of Acoustical Consultants (NCAC) The DLA headphone demonstration will simulate binaural listening. This provides a very realistic simulation. Auditors will have the sense of sounds coming from their left, right, and behind. The auditory image will be "externalized", unlike the normal listening experience. An option for discussion is sound presentation by loudspeakers. This is psychoacoustically less desirable than binaural recording and presentation. Technical Proposal DLA will make high quality (16-bit, 48KHz sampling rate) digital tape recordings of an operating D30 pile driver at a site to be chosen by the DPW. Optionally, DLA will also make recordings of a D30 pile driver. The three noise options to be recorded (preferred) or simulated (absent opportunity for live recording) are: D30 pile driver D30 pile driver with sound blanket Drilled pile driver The three listening distances for recording or simulation are 100, 200, and 300 ft Outdoor noise measurement and recording will be made in the presence of normal ambient noise. Simulated indoor noise will be obtained by processing outdoor -noise recordings. Typical outdoor -to -indoor attenuation vs. frequency data will be used. Recordings will also be filtered to simulate the frequency - sensitive attenuation of a sound blanket. For this purpose, the DPW will provide the contractor with estimated attenuation vs. frequency data. Since as many as 18 conditions may be simulated, up to 18 sound files may be needed. If indoor listening is desired at only one distance (300 ft) the number of sound files can reduced to 12. It is requested that DPW choose the minimum acceptable number of sound conditions to reduce contractor effort and provide a simpler demonstration. Recordings will employ two high-quality microphones. A 1/2" precision calibrated monaural instrumentation microphone mounted on a CEL Type 593 Sound Analyzer will ensure absolute sound spectrum levels. The advantage of the monaural instrumentation microphone is certifiable accuracy. A high-quality head -worn binaural microphone will be used for simulations. The advantage of binaural microphone recording and headphone reproduction is that auditors have a great sense of being embedded in the recorded noise event. 2 Presentation Options The options for sound reproduction are loudspeaker or headphone. Headphone reproduction is recommended for greatest accuracy and controllability. One limitation of loudspeaker presentation is that the noise may seem much louder in the ambience of a quiet room than in the field. (To some extent this can be countered by including several seconds of ambient noise before and after each noise event.) Another limitation is that monaural data prevents auditors from feeling a full auditory presence at the event. The aural impression will depend to a modest extent on acoustical conditions of the listening room. Stereophonic loudspeaker reproduction of events recorded with a binaural microphone can provide the auditor with a limited sense of presence at the event, but the reproduction realism will depend on arbitrary judgments of microphone and loudspeaker choice and placement. Schedule It is understood that time is of the essence. DLA will begin work on the day of receipt of a purchase order or a retainer check for $1500. If the recommended special headphones and headphone amplifier (for multiple listening) are desired, my order must be placed almost immediately to ensure delivery within 3 working days. However, an adequate binaural headphone, amplifier, and computer for demonstration will be provided at no extra charge. If I can answer any questions about this proposal, please do not hesitate to phone me at 714.373.3050 or after business hours at 714.898.9099. Sincerely yours, David Lubman, FASA Acoustical Consultant (Orange County and INCE Bd Certified) 3 David Lubman & 'ssociates CONSULTING) 14301 Middletown Lane • Westminster • CA 92683 Voice/Fax: 714 / 373.30SO Email: dlubman@ix.netcom.com Cost Proposal Labor Recordings 8 hrs Instrument preparation 1 hr. Time on-site 2 hrs. Travel 2 hrs. Transcription of binaural 2 hrs. recordings to computer 2 hrs. Printout & analysis of calibrated 1 hr sound analyzer recordings . 1 hr. Editing/Processing 11 hrs Selection of timed samples 2 hrs. Simulation of distance 2 hrs. Simulation of Noise Blanket 2 hrs. Simulation of out/indoor atten. 2 hrs. Create .wav files of 2 hrs. edited samples Burn CD 1 hr. Presentation 9 hrs Presentation to DPW 3 hrs. Rework and burn CD #2 2 hrs. Presentation to City Council 4 his. Total 28 hrs @ $150/hr $4200 'Misc. Travel: 2 round trips of 80 miles @ $.40/mi DAT Tape& blank CDs 41 $64 $16 RESEARCH IN ACOUSTICS Total Cost $4280 (Optional Material) ($600 + $250 each additional headphone) Open Binaural Headphone $250 ea. Headphone amplifier $350 (for up to 5 headphones) Terms: $1500 at start of project. Remainder due upon completion. A 1-112% per month service charge is added to late payment. Certified Acoustical Consultant: INCEfoard (national) & Orange County, CA Fellow, Acuustical Society of America (FASA) ... Mcmb r of American Society for 'besting & Materials (ASTM) Institute of Noise Control Engineering (INCE) ... National Council of Acoustical Consultants (NCAC)