Agmt 2000 City of Oakland Port Commissioners (2)

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TDC:aaa 11/21100 sound study shows that the interior of any reading room of the library for the peak air traffic hour during normal library hours would exceed the 45 dB time - average. A- weighted aircraft noise level ( "LEQ "), then, subject to the terms, conditions and limitations of this Agreement, the Port shall provide funding for new windows, weather- stripping and any required ventilation upgrade selected and designed to reduce the interior Airport aircraft noise level in each reading room of the library to 45 dB LEQ. b) Preparation of Sound Studies . The Port shall incur all costs of conducting the sound studies for the library and preparing the construction specifications. The Port shall select and contract with the consultant(s) to perform the sound studies. The sound study process shall commence within 90 days after the Obligations Effective Date. The Port shall provide written notice to the City of the identity of the Port's consultants who will conduct the sound studies and prepare the construction specifications. The Port's consultants shall be subject to approval by the City; provided, however, that (a) the City shall not unreasonably withhold, delay or condition approval and (b) if the City does not comment within ten (10) days after the Port's written notice of the identity of the Port's consultants, the City shall be deemed to have approved. Any disapproval or conditional approval by the City shall be in writing and shall be accompanied by a specific written statement of all grounds for disapproval or conditional approval. The Port shall complete the sound study and, if required, contract specifications for insulation of the library, and provide them to the City within a reasonable time after the City's approval of the Port's consultants. c) Construction. The City shall retain the contractors to construct the insulation improvements for the library. The City shall select and contract with the contractors pursuant to a competitive bidding process. To the extent that the public bidding process permits the City to pre - qualify City of San Leandro and Port of Oakland Settlement Agreement Page 14 29848