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14-041 Balance Hydrologics Inc, Stevens Creek Corridor Park and Restoration MonitoringCITY OF
t�J FIRST AMENDMENT TO CONSULTANT SERVICES
CUPERTINO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
BALANCE HYDROLOGICS FOR CONSULTANT SERVICES
This First Amendment to the Consultant Services Agreement between the City of
Cupertino and Balance Hydrologics, Inc., for reference dated January 14, 2016, is by and
between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and
Balance Hydrologics, Inc., a California corporation, whose address is 800 Bancroft Way,
Suite 101, Berkeley, CA 94710-2227, (hereinafter " Consultant"), and is made with
reference to the following:
RECITALS:
A. On December 30, 2013, an agreement was entered into by and between
City and Balance Hydrologics, Inc. for consultant services for Stevens Creek Corridor
Park and Restoration monitoring (hereinafter "Agreement")
B. City and Consultant desire to modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. "TERM" section of the Agreement is modified to change the termination date
with wording as follows:
The term of this Agreement shall commence on March 11, 2014 and shall
terminate on January 31, 2019, unless terminated earlier as set forth herein.
2. "SERVICES TO BE PERFORMED" section of the Agreement is modified to
add the following language:
Consultant shall also perform the services set forth in Exhibit A-1, which is
attached hereto and incorporated herein by reference.
3. "SCHEDULE OF PERFORMANCE" section of the Agreement is modified to
add the following language:
Services of Consultant which are described in Exhibit A-1 are to be completed
according to the schedule noted in Exhibit B-1, which is attached hereto and
incorporated herein by reference.
City of Cupertino - Balance Hydrologics Page 1
Amendment No. 1
4. "COMPENSATION TO CONSULTANT" section of the Agreement, first
sentence, is modified to read as follows:
The maximum compensation to be paid to Consultant under this Agreement for
the Scope of Services in Exhibit "A" is twenty-nine thousand five hundred dollars
($29,500.00.) Services of Consultant which are described in Exhibit A-1 are to be
compensated as noted in Exhibit C-1, which is attached hereto and incorporated herein
by reference. The maximum compensation to be paid to Consultant under this
agreement for all services shall not exceed Eighty Three Thousand Five Hundred
Dollars ($83,500.00).
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
Balance Hydrologics, Inc.
Name Edward D. Ballman
Title V/P; Principal Engineer
Date February 2, 2016
Tax ID No.: 94-3073197
CITY OF CUPERTINO
A Munici orporation
By'�---
Timm Borden, Director of Public Works
Date �S3/G'
RECOMMENDED FOR APPROVAL:
By (�� .
Gail Seeds, Project Manager
Address: APP OVED AS TO FORM:
800 Bancroft Way, Suite 101
Berkeley, CA 94710-2227 By
Randolph Stevenson Hom, City Attorney
ATTEST:
4
By4(�4
�l(
Grace Schmidt, City Clerk
Amendment No. 1 Amount, $54,000.00
Account No. 427-90-881- 900-905
Contract Not -to -Exceed Amount, as amended: $83,500.00
City of Cupertino - Balance Hydrologics Page 2
Amendment No. 1
EXHIBIT A-1
SCOPE OF SERVICES
For Post -construction Monitoring of Stevens Creek Corridor
Park & Restoration Phase 2:
Years 3,14 and 5
Services that have been added via this Amendment No. 2 are to consist of tasks noted below. All
work is to be consistent with and fulfill the criteria of the Monitoring Plan for the Stevens Creek
Corridor Park and Restoration Phase 2 project, years 3, 4 and 5 of monitoring, as required by
regulatory and permitting agencies.
Geomorphic Scope and Monitoring
Task 1. Storm Observations of Flow and Sediment Transport
Balance will monitor streamflow and bedload sediment transport through the restored reach of
the creels.
If a drought year and flow does not exceed values of 30 to 50 cfs, it would be likely that this task
will not be utilized. A storm observation field log will be included in the annual monitoring
report and will highlight measured streamflow and bedload sediment transport rates.
Task 2. Annual Streambed Conditions Monitoring and Analysis
Balance will review and analyze field data collected to evaluate evolution of the constructed
channel, and to develop that data necessary to inform regulators of post -construction conditions
at the project site. When feasible, a synopsis of data analysis results will be included in the
annual monitoring report (e.g. a table and figures will be prepared to communicate the grain size
distribution measured).
Task 2B. Year 5 only, Geomorphic Survey and Analysis of Channel Conditions
Conduct a topographic survey of the channel profile and cross sections at designated locations.
Plot data and provide exhibit of new data together with the initial 2013 post -construction
conditions. Provide evaluation and analysis of geomorphic and channel evolution and
conditions.
Task 3. Annual Geomorphic Monitoring Data Memo
At the end of the monitoring season, Balance will prepare an annual geomorphic monitoring data
memo suitable for submittal to regulatory agencies. The report will include narrative,
photographs, tables, and figures as required by the monitoring plan to illustrate post construction
channel conditions.
Task 4. Project Management
This task will cover project management and administration.
City of Cupertino - Balance Hydrologics Page 3
Amendment No. 1
Vegetation Scope and Monitoring
Task 5. Annual Vegetation Photo Monitoring
Monitoring photographs of vegetation establishment will be taken annually, at ten monitoring
post locations installed at Year 1.
Task 6. Annual Storm Monitoring
Storm visits will be implemented annually to assess channel vegetation during storm conditions
and erosion, if occurring. The fee estimate assumes 2 visits.
Task 7. Annual Vegetation Monitoring Memo
A memo will be prepared annually to address results of vegetation monitoring. The memo will
include a qualitative assessment, photo results, and recommended maintenance actions if
applicable.
a. Introduction and Project Background
b. Photo Monitoring Results
c. Qualitative Assessment of Vegetation
d. Storm Monitoring Observations
e. Maintenance Activities
f. Adaptive Management Actions
g. Recommended Future Actions
Years 3 and 5 include collection and evaluation of Plant Transect Data. Identify species, count,
assign health and vigor ratings, tabulate percent survival of vegetation in six monitored areas,
one along each transect; measure all trees in ten count circles, one along each transect; identify
and count recruited native vegetation in a five-foot band along each transect.
Year 5 only, include preparation of Final Report data, observations, evaluation, overall findings
or conclusions per the Monitoring Program and regulatory agency requirements for this project.
Task 8. Project Management
This annual task includes coordinating the work of subconsultants, project management and
project administration.
City of Cupertino - Balance Hydrologics Page 4
Amendment No. 1
EXHIBIT B-1
COMPENSATION
For Post -construction Monitoring of Stevens Creek Corridor
Park & Restoration Phase 2:
Years 3.14 and 5
Year 3 Monitoring
Geomorphic Monitoring Year 1
Task 1. Storm Observations of Flow and Sediment Transport
Task 1 Fee estimate:
3,300
Task 2. Annual Streambed Conditions Monitoring and Analysis
Task 2 Fee estimate:
1,925
Task 3. Annual Geomorphic Monitoring Data Memo
Task 3 Fee estimate:
2,300
Task 4. Project Management
Task 4 Fee estimate:
1,075
Fee Subtotal
$8,600
Vegetation Monitoring Year 3
Task 5. Annual Vegetation Monitoring Photos
Task 5 Fee estimate:
500
Task 6. Annual Storm Monitoring (assumes 8 hours)
Task 6 Fee estimate:
2,800
Task 7. Annual Vegetation Monitoring Memo
Task 7 Fee estimate:
1,100
Task 8. Project Management
Task 8 Fee estimate:
300
Fee Subtotal
$4,700
TOTAL YEAR 3 FEE: $13,300 (excluding reimbursables)
Year 4 Monitoring
Geomorphic Monitoring Year 4
Task 1. Storm Observations of Flow and Sediment Transport
Task 1 Fee estimate: 3,400
Task 2. Annual Streambed Conditions Monitoring & Analysis
Task 2 Fee estimate: 2,000
City of Cupertino — Balance Hydrologics Page 5
Amendment No. 1
Task 3. Annual Monitoring Data Memo
Task 3 Fee estimate: 2,400
Task 4. Project Management
Task 4 Fee estimate: 11100
Fee Subtotal $8,900
Vegetation Monitoring Year 4
Task 5. Annual Vegetation Monitoring Photos
Task 6 Fee estimate:
500
Task 6. Annual Vegetation Monitoring Memo
Task 7 Fee estimate:
2,900
Task 7. Annual Storm Monitoring (assumes 8 hours)
Task 7 Fee estimate:
1,150
Task 8. Project Management
Task 8 Fee estimate:
300
Fee Subtotal
$4,850
TOTAL YEAR 4 FEE: $13,750 (excluding reimbursables)
Year 5 Monitoring
Geomorphic Monitoring Year 5
Task 1. Storm Observations of Flow and Sediment Transport
Task 1 Fee estimate:
3,500
Task 2A. Annual Streambed Conditions Monitoring & Analysis
Task 2 Fee estimate:
2,050
Task 2B. Geomorphic Survey and Analysis of Channel Conditions
Task 2 Fee estimate:
4,525
Task 3. Annual & Monitoring Data Memo & Final Monitoring Report
Task 3 Fee estimate:
4,150
Task 4. Project Management
Task 4 Fee estimate:
1,125
Fee Subtotal
$15,350
Vegetation Monitoring Year 5
Task 5. Annual Vegetation Monitoring Photos
Task 6 Fee estimate: 525
Task 6. Annual Vegetation Monitoring Memo & Final Monitoring Report
Task 7 Fee estimate: 3,875
Task 7. Annual Storm Monitoring
Task 7 Fee estimate: 1,200
City of Cupertino - Balance Hydrologics Page 6
Amendment No. 1
Task 8. Project Management
Task 8 Fee estimate: 300
Fee Subtotal $5,900
TOTAL YEAR 5 FEE: $21,250 (excluding reimbursables)
Reimbursable Expenses
Flow and sediment measurement equipment usage fee (50% cost break) 250
including usage fee for velocity meters, wading rod, and Helley-
Smith 6 -inch bedload sampler
Mileage fees 300
(assume 500 miles)
Materials & Supplies 150
Materials & Supplies 250
TOTAL REIMBURSABLE EXPENSE ALLOWANCE: NTE $950
Additional Services
TOTAL ADDITIONAL SERVICES ALLOWANCE: NTE $5,000
To be expended only upon advance City authorization, in
writing, for work outside the basic scope of services
COMPENSATION SUMMARY
Services Added by this Amendment No. 1:
Year 3 Monitoring
$ 13,300
Year 4 Monitoring
$ 13,750
Year 5 Monitoring
$ 21,250
Reimbursable Expenses Allowance
$ 950
Services & Expenses, Not to Exceed:
$ 49,250
Additional Services Allowance:
$4,750
TOTAL Added, Amendment No. 1, Not to Exceed:
$ 54,000
Original Contract, Not to Exceed:
$ 29,500
TOTAL Agreement, As Amended, Not to Exceed:
City of Cupertino - Balance Hydrologics Page 7
Amendment No. 1
EXHIBIT C-1
SCHEDULE OF PERFORMANCE
Post -Construction Monitoring of Stevens Creek Corridor
Park & Restoration Phase 2: Years 3, 4 and 5
Year 3 Monitoring
Geomorphic Monitoring Year 3
The following work shall be completed by September 15, 2016
Task 1. Storm Observations of Flow and Sediment Transport
The following work shall be completed by October 1, 2016
Task 2. Annual Streambed Conditions Monitoring and Analysis
The following work shall be completed by October 15, 2016
Task 3. Annual Monitoring Memo Report — submit administrative draft report to City for review
The following work shall be completed by November 8, 2016
Task 3. Annual Monitoring Memo Report — submit final report to City
Vegetation MonitoringYear ear 3
The following work shall be completed by June 30, 2016
Task 5. Annual Vegetation Monitoring Photos (goal is late spring/very early summer)
The following work shall be completed by September 15, 2016
Task 6. Annual Storm Monitoring
The following work shall be completed by October 15, 2016
Task 7. Annual Vegetation Monitoring Memo Report — submit administrative draft report to City
for review
The following work shall be completed by November 8, 2016
Task 7. Annual Vegetation Monitoring Memo Report — submit final report to City
Year 4 Monitoring
Geomorphic Monitoring Year 4
The following work shall be completed by September 15, 2017
Task 1. Storm Observations of Flow and Sediment Transport
The following work shall be completed by October 1, 2017
Task 2. Annual Streambed Conditions Monitoring and Analysis
City of Cupertino — Balance Hydrologics Page 8
Amendment No. 1
The following work shall be completed by October 15, 2017
Task 3. Annual Monitoring Memo Report — submit administrative draft report to City for review
The following work shall be completed by November 8, 2017
Task 3. Annual Monitoring Memo Report — submit final report to City
Vegetation Monitoring Year 4
The following work shall be completed by June 30, 2017
Task 5. Annual Vegetation Monitoring Photos (goal is late spring/very early summer)
The following work shall be completed by September 15, 2017
Task 6. Annual Storm Monitoring
The following work shall be completed by October 15, 2017
Task 7. Annual Vegetation Monitoring Memo Report — submit administrative draft report to City
for review
The following work shall be completed by November 8, 2017
Task 7. Annual Vegetation Monitoring Memo Report — submit final report to City
Year 5 Monitoring
Geomorphic Monitoring Year 5
The following work shall be completed by September 15, 2018
Task 1. Storm Observations of Flow and Sediment Transport
The following work shall be completed by October 1, 2018
Task 2. Annual Streambed Conditions Monitoring and Analysis
The following work shall be completed by October 15, 2018
Task 3. Annual/Final Monitoring Memo Report — submit administrative draft report to City for
review
The following work shall be completed by November 8, 2018
Task 3. Annual/Final Monitoring Memo Report — submit final report to City
Vegetation Monitoring Year 5
The following work shall be completed by June 30, 2018
Task 5. Annual Vegetation Monitoring Photos (goal is late spring/very early summer)
The following work shall be completed by September 15, 2018
Task 6. Annual Storm Monitoring
City of Cupertino - Balance Hydrologics Page 9
Amendment No. 1
The following work shall be completed by October 15, 2018
Task 7. Annual/Final Vegetation Monitoring Memo Report — submit administrative draft report
to City for review
The following work shall be completed by November 8, 2018
Task 7. Annual/Final Vegetation Monitoring Memo Report — submit final report to City
City of Cupertino - Balance Hydrologics Page 10
Amendment No. 1
OFFICE OF THE CITYCLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
March 24, 2014
Balance Hydrologics, Inc.,
800 Bancroft Way, Suite 101
Berkley, CA 94710-2227
Re: Agreement for consultant services
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND BALANCE
HYDROLOGICS FOR CONSULTANT ,SERVICES FOR STEVENS CREEK
CORRIDOR PARK AND RESTORATION MONITORING
THIS AGREEMENT, for reference dated December 30, 2013, is by and
between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to
as "City"), and Balance Hydrologics, Inc., a California corporation, whose
address is 800 Bancroft Way, Suite 101, Berkeley, CA 94710-2227 (hereinafter
referred to as "Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement
on the terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for post -
construction monitoring services at Stevens Creek upon the terms and conditions
herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. TERM:
The term of this Agreement shall commence on the date this agreement is
executed and shall terminate on January 31, 2016, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A"
titled "Scope of Services" which is attached. hereto and incorporated herein by
this reference.
Page 1 of 1.5
City of Cupertino - Balance Hydrologics
Agreement
3. SCHEDULE OF PERFORMANCE:
The Services of Consultant are to be completed according to the schedule
set out in Exhibit B, titled "Schedule of Performance ", which is attached hereto
and incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed Twenty Niru Thousand Five Hundred Dollars
($29,500.00). The rate of payment is set out in Exhibit C, titled "Compensation",
which is attached hereto and incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit
monthly invoices for interim progress payments during the course of each phase,
clearly stating as a minimum the total Contract amount, amount paid to date,
percent complete and amount due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by
this Agreement is that of employer -independent contractor. The manner and
means of conducting the work are under the control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired
by virtue of Consultant's services. None.of the benefits provided by City to its
employees, including but not limited to, unemployment insurance, workers'
compensation plans, vacation and sick leave are available from City to
Consultant, its employees or agents. Deductions shall not be made for any state
or federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer-employee relationship from any fees due
Page 2 of 15
City of Cupertino —Balance Hydrologics
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
8. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity
and employment authorization of all of his,ther employees performing work
hereunder, pursuant to all applicable IRCA. or other federal, or state rules and
regulations. Consultant shall indemnify and hold City harmless from and
against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
9. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,
religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a
material breach of this Agreement.
10. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all
purposes under this Agreement. Gail Seeds is hereby designated as the Director
of Public Works' designee and Project Manager, and shall supervise the progress
and execution of this Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project
Manager to have overall responsibility for the progress and execution of this
Agreement for Consultant. Should circumstances or conditions subsequent to
the execution of the Agreement require a substitute Consultant Project Manager
for any reason, the Consultant Project Manager designee shall be subject to the
prior written acceptance and approval of the City , Project Manager. The
designated Consultant Project Manager shall be Ed Ballman.
11. HOLD HARMLESS:
Indemnification:
A. Claims for Professional Liability. Where the law establishes a
standard of care for Consultant's professional services, and to the extent
Page 3of15
City of Cupertino - Balance Hydrologics
the Consultant breaches or fails to meet such established standard of care,
or is alleged to have breached or :Failed to meet such standard of care,
Consultant shall, to the fullest exterit allowed by law, with respect to all
services performed in connection wiith the Agreement, indemnify, defend,
and hold harmless the, City and its officers, officials, agents, employees
and volunteers from and against any and all liability, claims, actions,
causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other
liability of any nature, that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Consultant or
Consultant's employees, officers, officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation. Consultant shall not be obligated under this Agreement to
indemnify City to the extent that the damage is caused by the sole or
active negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with
the Agreement, indemnify, defend .
. and hold harmless the City and its
officers, officials, agents, employees and volunteers against any and all
liability, claims, actions, causes of action or demands whatsoever from
and against any of them, including any injury to or death of any person or
damage to property or other liability of any nature, that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct
of Consultant or Consultant's employees, officers, officials, agents or
independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all
other costs and fees of litigation. Consultant shall not be obligated under
this Agreement to indemnify City to the extent that the damage is caused
by the sole or active negligence or willful misconduct of City, its agents or
employees.
C. Claims involving intellectual property. In addition to the
obligations set forth in (A) and (B) above, Consultant shall indemnify,
defend, and hold the City, its elected and appointed officers, employees,
and volunteers, harmless from and against any Claim in which a violation
of intellectual property rights, including but not limited to copyright or
patent rights, is alleged that arises out of, pertains to, or relates to
Consultant's negligence, recklessness or willful misconduct under this
Agreement. Such costs and expenses shall include reasonable attorneys'
Page 4 of -15
City of Cupertino — Balance Hydrologics
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation.
12. INSURANCE:
On or before the commencement of the term of this Agreement,
Consultant shall furnish City with certificates showing the type, amount, class of
operations covered, effective dates and datE!s of expiration of insurance coverage
in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do
not limit Consultant's indemnification, shall also contain substantially the
following statement: "Should any of the above insurance covered by this
certificate be canceled or coverage reduced before the expiration date thereof, the
insurer affording coverage shall provide thirty (30) days' advance written notice
to the City of Cupertino by certified mail, Attention: City Manager." It is agreed
that Consultant shall maintain in force at alit times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement
with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California.. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liabili :
Commercial general liability coverage in the following
minimum limits:
Bodily Injury: $500,000
eadn occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined. single limit policy with aggregate
limits in the amounts of $1,000,000 will be considered
equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the
following minimum limits:
Bodily Injury: $500,000 each occurrence
Page 5 of 15
City of Cupertino - Balance Hydrologics
Property Damage: $100,000 each occurrence
or
Combined Single Limit:: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for
the professional acts, errors and omissions of Consultant in
the amount of at least $1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for
which he/she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as art agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance
coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional vlsured shall not affect any recovery to
which such additional insured would be entitled under this policy if not named
as such additional. insured. An additional irisured named herein shall not be
held liable for any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything toward any loss
or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
Page 6 of 'l5
City of Cupertino - Balance Hydrologics
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to
perform the services required by this AgreE-ment. Consultant may be required to
fill out a conflict of interest form if the services provided under this Agreement
require Consultant to make certain governmental decisions or serve in a staff
capacity as defined in Title 2, Division 6,*Section 18700 of the California Code of
Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, subleasE!, hypothecate, or transfer this
Agreement, or any interest therein, directly or indirectly, by operation of law or
otherwise, without prior written consent of City. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner
or joint venturer or syndicate member or cotenant, if Consultant is a partnership
or joint venture or syndicate or cotenancy, which shall result in changing the
control of Consultant, shall be construed as an assignment of this Agreement.
Control means fifty percent (50%) or more of the voting power of the
corporation.
15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained,' only those people and
subcontractors whose names are included in this Agreement shall be used in the
performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors
shall be required to furnish proof of workers' compensation insurance and shall
also be required to carry general, automobile and professional liability insurance
in reasonable conformity to the insurance carried by Consultant. In addition,
any work or services subcontracted hereunder shall be subject to each provision
of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, :;hall obtain and maintain during the
term of this Agreement, all appropriate permits, certificates and licenses
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City of Cupertino — Balance Hydrologics
including, but not limited to, a City Business License, that may be required in
connection with the performance of servicer hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as 'Report", reproduced, prepared
or caused to be prepared by Consultant pursuant to or in connection with this
Agreement, shall be the exclusive property, of City. Consultant shall not
copyright any Report required by this Agreement and shall execute appropriate
documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this
Agreement shall become the property of City, and all publication rights are
reserved to City. Consultant may retain a copy of any report furnished to the
City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in
execution or implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may
require, furnish reports concerning the status of services required under this
Agreement.
D. All Reports required to be provided by this Agreement shall be
printed on recycled paper. All Reports shall. be copied on both sides of the paper
except for one original, which shall be single sided.
E. No Report, information or other data given to or prepared or
assembled by Consultant pursuant to this Agreement shall be made available to
any individual or organization by Consult2ait without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall
constitute the Project deliverables. Plans to be in CAD and PDF formats, and
other documents to be in Microsoft Word arid PDF formats. City holds
Consultant harmless for any modifications to the documents.
18. NONDISCRIMINATION
Consultant certifies and agrees that he/she will not discriminate against
any employee or applicant for employment because of race, color,
religion, national origin, ancestry, sex, age, or condition or physical or
mental handicap (as defined in 41 C.F.R. Section 60-741, et. seq.), in
accordance with requirement of stage or federal law. Consultant shall take
affirmative action to ensure that qualified applicants are employed and
Page 8 of 15
City of Cupertino — Balance Hydrologics
that employees are treated during employment without regard to race,
color, religion, national origin, ancestry, sex, age, or condition of physical
or mental handicap in accordance with requirements of state and federal
law. Such shall include, but not be limited to, the following:
A. Employment upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms
of compensation.
B. Selection for training, including interns and apprentices.
Consultant agrees to post in conspicuous places in each of
Consultant's facilities providing services hereunder, available and open to
employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
Consultant shall, in all solicitations or advertisements for
employees placed by or on behalf of Consultant, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, national origin, ancestry, sex, age, or condition of
physical or mental handicap, in accordance with requirements of state and
federal law.
Consultant shall send to each labor union or representative of
workers with which he/she has a collective bargaining agreement or other
contract or understanding a notice advising the labor union or workers'
representative of Consultant's commitments under this paragraph.
Consultant certifies and agrees that he/she will deal with his/her
subcontractors, bidders, or vendors without regard to race, color, religion,
national origin, ancestry, sex, age, or condition of physical or mental
handicap, in accordance with requirement of state and federal law.
In accordance with applicable state and federal law, Consultant
shall allow duly authorized county, state and federal representatives
access to his/her employment records during regular business hours in
order to verify compliance with the iulti-discrimination provisions of this
paragraph. Consultant shall provide such other information and records
as such representatives may require n1 order to verify compliance with the
anti -discrimination provisions of this paragraph.
If the City finds that any of the provisions of this paragraph have
been violated, the same shall constitute a material breach of Agreement
upon which City may determine to cancel, terminate, or suspend this
Agreement. City reserves the right to determine independently that the
anti -discrimination provisions of this Agreement have been violated. In
Page 9 of 15
City of Cupertino - Balance Hydrologics
addition, a determination by the California Fair Employment Practices
Commission or the Federal Equal Employment Opportunity Commission
that Consultant has violated state and federal anti -discrimination laws
shall constitute a finding by City that Consultant has violated the anti-
discrimination provisions of this Agreement.
The parties agree that in the event Consultant violates any of the
anti -discrimination provisions of this paragraph, City shall be entitled, at
its option, to the sum of $500.00 pursuant to California Civil Code Section
1671 as liquidated damages in lieu of canceling, terminating, or
suspending this Agreement.
Consultant hereby agrees that he/she will comply with Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all
requirements imposed by the applicable regulations (45 C.F.R.), and all.
guidelines and interpretations issued pursuant thereto, to the end that no
qualified handicapped person shall, on the basis of handicap, be excluded
from participation in, be denied the benefits of, or otherwise be subjected
to discrimination under any program or activity of Consultant receiving
Federal Financial Assistance. In addition, Consultant shall comply with
the Uniform Federal Accessibility St�mdards, and Contractor, Engineer, or
Architect responsible for any design, construction or alteration shall
certify compliance with those Standards.
Consultant's attention is directed to laws, including but not limited to:
A. CIVIL RIGHTS/EQUAL OPPORTUNITY
(1) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act
of 1964, no person shall, on the grow -ids of race, sex, religion, color, or
national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination funder any'program or activity
receiving Federal financial assistance.
(2) Section 109 of the Housing and Community Development Act of
1974. No person in the United States; shall, on the grounds of race, color,
national origin, or sex, be excluded Brom participation in, be denied the
benefits of, or be subjected to discrimination wider any program or
activity funded in whole or in part with funds made available under this
title.
Section 109 of the Act further provides that any prohibition against
discrimination on the basis of age under the Age Discrimination Act of
1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified
handicapped individual as provided in Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity
Page 10 of 1.5
City of Cupertino - Balance Hydrologics
funded in whole or in part with funds made available pursuant to the Act.
B. PROGRAM ACCESSIBILIT4' FOR INDIVIDUALS WITH
DISABILITIES
This Agreement is subject to laws and regulations concerning the
rights of otherwise qualified individuals with handicaps for equal
participation in, and benefit from federally assisted programs and
activities, including but not limited to:
(1). Americans with Disabilities Act of 1990 (ADA) (28 CFR 35).
Title II, Subpart A of the Americans with Disabilities Act of 1990 applies to
all publicly funded activities and programs. Consultant shall also comply
with the public accommodations requirements of Title III of the ADA, as
applicable.
(2) Nondiscrimination on the Basis of Handicap (24 CFR 8). These
regulations, which implement Sectiori 504 of the Rehabilitation Act of
1973, as amended, and as cited in Section 109 of the Housing and
Community Development Act, apply, to all federally assisted activities and
programs and are implemented through the regulations at 24 CFR 8.
(3) Architectural Barrier Act of=1968. Any building or facility,
excluding privately owned residential structures, designed, constructed,
or altered with federal funds, shall comply with the Uniform Federal
Accessibility Standards, 1984 (41 CFI; 3) and the Handicapped
Accessibility Requirements of the State of California Title 24. The
Consultant, Engineer or Architect responsible for such design,
construction or alteration shall certify compliance with the above
standards.
(4) In resolving any conflict between the accessibility standards
cited in paragraphs (1), (2) and (3) above, the more stringent standard
shall apply.
19. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such. information required by City that
relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free
access to such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work,
Page 11 of a5
City of Cupertino - Balance Hydrologics
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit: of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
20. NOTICES:
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified,
addressed as hereinafter provided.
All notices, demands, requests, or approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Director of Public Works
All notices, demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
Balance Hydrologics, Inc.
800 Bancroft Way, Suite 101
Berkeley, CA 94710-2227
Attention: Mr. Ed Ballman
21. TERMINATION:
In the event Consultant fails or refusE's to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within the time specified after receipt by Consultant from City of written
notice of default, specifying the nature of such default and the steps necessary to
cure such default, City may terminate the A;Dreement forthwith.by giving to the
Consultant written notice thereof.
Page 12 of 15
City of Cupertino - Balance Hydrologics
City shall have the option, at its sole cliscretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all
reports, documents, and other work performed by Consultant under this
Agreement.
22. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,
rules and regulations enacted or issued by City.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of
the State of California excepting any choice of law rules which may direct the
application of laws of another jurisdiction. The Agreement and obligations of the
parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those
authorities.)
Any suits brought pursuant to this Agreement shall be filed with the
courts of the County of Santa Clara, State of California.
24. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, 'lithographs, posters or, cards of any
kind pertaining to the services performed wider this Agreement unless prior
written approval has been secured from Cite to do otherwise.
25. WAIVER:
A waiver by City of any breach of arra term, covenant, or condition
contained herein shall not be deemed to be it waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein, whether of
the same or a different character.
26. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions
Page 13 of IS
City of Cupertino - Balance Hydrologics
hereof. Any modification of this Agreement will be effective only by written
execution signed by both City and Consultant. .
27. GIFTS:
A. Consultant is familiar with City's prohibition against the
acceptance of any gift by a City officer or designated employee, which
prohibition is found in City Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated
employee any gift prohibited by the Administrative Procedures.
C. The offer or giving of any.prohibited gift shall constitute a material
breach of this Agreement by Consultant. hi addition to any other remedies, City
may have in law or equity, City may terminate this Agreement for such breach as
provided in Section 19 of this Agreement.
28. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be
read and enforced as though each were included herein. If through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, the
Agreement shall be amended to make such insertion on application by either
party.
29. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of
the Agreement and in no way affect, limit or amplify the terms or provisions of
this Agreement.
30. COMPLIANCE WITH FUNDING AGREEMENT:
Consultant and Consultant's subconsultants and subcontractors shall
comply with applicable requirements of City's Applicant -State Agreement No:
04-20-035 Environmental Enhancement and Mitigation (EEM) Program. A copy
of the agreement marked Exhibit D is attached hereto and incorporated herein by
reference.
Page 14 of 15
City of Cupertino - Balance Hydrologics
P.O. No. I � o�U
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT
Balance Hydrologics, Inc.
B
N
Title Senior Principal
Date February 20, 2014
Tax I.D. No.: 94-3073197
Address:
800 Bancroft Way, Suite 101
Berkeley, CA 94710-2227
CITY OF CUPERTINO
A .Municipal Corporation
By__
Tinim Borden, Director of Public Works
Dae �/(,It`�
APPROVED AS TO FORM:
/%
L
Carol Korade, City Attorney
ATTEST:
Grace Schmidt, City Clerk .3 L ��
Contract Amount: $29,500.00
.Account No.: 427-9134-9300
Page 15 of 15
City of Cupertino - Balance Hydrologics
Agreement
'�--)6)0-111 0 11
EXHIBIT A
Scope of Services for Post-coristruction Monitoring of
Stevens Creek Corridor Park and Restoration Phase 2
Years 1 and 2
All work is to be consistent with and fulfill the criteria of the Monitoring Plan for the Stevens
Creek Corridor Park and Restoration Phase 2 project, years 1 and 2 of monitoring, as required by
regulatory and permitting agencies.
Geomorphic Scope wmd Monitoring
Task O.G. Setup of Streambed Monitoring
To evaluate how riffles and pools evolve within the restored reach of the streambed following
completion of construction, Balance staff will review the as -built conditions through a day of
fieldwork. The day will include measuring the grain size distribution within a selected riffle/pool
complex. Balance will establish photo -monitoring points and document constructed conditions
with photographs at each location. Survey data of post -construction channel topographic
conditions will be provided by City.
Task 1. Storm Observations of Flow and Sediment Transport
Balance will monitor streamflow and bedload sediment transport through the restored reach of
the creek.
If a drought year and flow does not exceed values of 30 to 50 cfs, it would be likely that this task
will not be utilized. A storm observation field log will be included in the annual monitoring
report and will highlight measured streamflow and bedload sediment transport rates.
Task 2. Annual Streambed Conditions Monitoring and Analysis
Balance will review and analyze field data collected to evaluate evolution of the constructed
channel, and to develop that data necessary to inform regulators of post -construction conditions
at the project site. When feasible, a synopsis of data analysis results will be included in the
annual monitoring report (e.g. a table and figures will be prepared to communicate the grain size
distribution measured).
Task 3. Annual Geomorphic Monitoring Data Memo
At the end of the monitoring season, Balance will prepare an annual geomorphic monitoring data
memo suitable for submittal to regulatory agencies. The report will include narrative,
photographs, tables, and figures as required by the Irrionitoring plan to illustrate post construction
channel conditions.
Task 4. Project Management
This task will cover project management and administration.
Exhibit A, Scope
Page I
Vegetation Scope and Monitoring
Task O.V. Setup of Vegetation Monitoring
Ten (10) posts will be located, permanently marked, and mapped for vegetation photo -
monitoring activities. This task occurs in Year 1 only.
Task 5. Annual Vegetation Photo Monitoring
Monitoring photographs of vegetation establishment will be taken annually.
Task 6. Annual Storm Monitoring
Storm visits will be implemented annually to assess channel vegetation during storm conditions
and erosion, if occurring. The fee estimate assumes 2 visits.
Task 7. Annual Vegetation Monitoring Memo
A memo will be prepared annually to address results of vegetation monitoring: The memo will
include a qualitative assessment, photo results, and recommended maintenance actions if
applicable.
a. Introduction and Project Background
b. Photo Monitoring Results
c. Qualitative Assessment of Vegetation
d. Storm Monitoring Observations
e. Maintenance Activities
f. Adaptive Management Actions
g. Recommended Future Actions
Task 8. Project Management
This annual task includes coordinating the work of subconsultants, project management and
project administration.
Task 9. Wetland Tracker Forms
Prepare and submit Wetland Tracker forms per RVJQCB permit and submit to California
Wetlands Portal. This task occurs in Year 1 only.
Exhibit A, Scope
Page 2
EXHIBIT B
COMPENSATION
Post -construction Monitoring of Stevens Creek Corridor
Channel Restoration: Years 1 - 2
Year 1 Monitoring
Geomorphic Monitoring Year 1 _
Task O.G. Initial set up of streambed monitoring
Vegetation Monitoring Year 1
Task ON Initial setup of Vegetation Monitoring
Task 0 Fee estimate:
2,475
Task 1.
Storm Observations of Flow and Sediment Transport
Task I Fee estimate:
2,280
Task 2.
Annual Streambed Conditions Monitoring and Analysis -
Task -2 Fee estimate:
2,425
Task 3.
Annual Geomorphic Monitoring Data Memo
Task 3 Fee estimate:
1,920
Task 4.
Project Management
Task 4 Fee estimate:
825
Task 9.
Fee Subtotal
$9,925
Vegetation Monitoring Year 1
Task ON Initial setup of Vegetation Monitoring
Fee Subtotal $5,330
TOTAL YEAR 1 FEE: NTE $15,255 (excluding reimbursables)
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Exhibit B, Compensation
Page 1
Task VM Fee estimate:
880
Task 5.
Annual Vegetation Monitoring Photos
Task 5 Fee estimate:
440
Task 6.
Annual Storm Monitoring (assumes 8 hours)
Task 6 Fee estimate:
1,000
Task 7.
Annual Vegetation Monitoring Memo
Task 7 Fee estimate:
2,260
Task 8.
Project Management
Task 8 Fee estimate:
250
Task 9.
Wetland Tracker Forms
Task 9 Fee estimate:
500
Fee Subtotal $5,330
TOTAL YEAR 1 FEE: NTE $15,255 (excluding reimbursables)
eosos♦00000eos00000000e♦000000esaeo�eoeosos000eosos000soos+eesoeso♦
Exhibit B, Compensation
Page 1
Year 2 Monitoring
Geomorphic Monitoring Year 2
Task 1. Storm Observations of Flow and Sediment Transport
Task 1 Fee estimate: 2,350
Task 2. Annual Streambed Conditions Monitoring & Analysis
Task 2 Fee estimate: 1,750
Task 3. Annual Monitoring Data Memo
Task 3 Fee estimate: 1,480
Task 4. Project Management
Task 4 Fee estimate: 850
Fee Subtotal $6,430
Vegetation Monitoring Year 2
Task 5. Annual Vegetation Monitoring Photos
Task 6 Fee estimate:
450
Task 6. Annual Vegetation Monitoring Memo
Task 7 Fee estimate:
2,330
Task 7. Annual Storm Monitoring (assumes 8 hours)
Task 7 Fee estimate:
1,030
Task 8. Project Management '
Task 8 Fee estimate:
260
Fee Subtotal
$4,070
TOTAL YEAR 2 FEE: NTE $10,500 (excluding reimbursables)
♦♦eaoeeeeoeeeseoeeoeeeeeeseeoeeoeoee�eseeesseeeeeeeeeseeoeeeeeoeeee
Reimbursable Expenses
Flow and sediment measurement equipment usage fe,: (50% cost break)
including usage fee for velocity meters, wading rod, and Helley-
Smith 6 -inch bedload sampler
Mileage fees
(assume 500 miles)
Materials & Supplies
Subconsultant reimbursable expenses
TOTAL REIMBURSABLE EXPENSE ALLOWANCE: NTE $900
Exhibit B, Compensation
Page 2
250
300
150
200
J
eeee�ee♦oeoeeeeeee♦eoeoeeeeooeeeeeeooeooeeeeeeeeeo:eeseeoeeeseeeeeee
Additional Services
TOTAL ADDITIONAL SERVICES ALLOWANCE: NTE $2,845
To be expended only upon advance City authorization, in
writing, for work outside the basic scope of services
eeeeeeeeeoeeeeeeeeoeeeoseoeeeeeoeoeo-►oeeeeeeeeeeeoeeeeeoeeeeeeeeee♦
COMPENSATION SUMMARY
Year 1 Monitoring
Year 2 Monitoring
Reimbursable, Expenses Allowance
Basic Services, Not to Exceed:
Additional Services Allowance:
TOTAL CONTRACT, Not to Exceed:
Exhibit B, Compensation
Page 3
$15,255
$10,500
$900
$26,655
$2,845
$29,500
EXHIBIT B
PROFESSIONAL FEE %CHEDULE, 2013-2014
BALANCE HYDROLOGICS, INC.
(Effective November 1, 2013)
Scientific and Engineering Stafft Hourly Rate
Senior Principal
$210
Principal
$175
Senior Specialist
$155
Senior Professional
$155
Project Professional
$140
Senior Staff Professional
$130
Staff Professional
$115
Assistant Professional
$105
Junior Professional .
$85
Support Staff
GIS Senior Analyst
$110
GIS/CADD Specialist
$95
Senior Project Administrator
$80
Senior Report Specialist
$80
Technical Typist
$68
Hydrologic Technician
$70
• Mileage will be charged at $0.60 mile (2WD)'and $0.63/ mile (4WD, if 4WD needed).
• Rental vehicles will be charged at cost + 7.5%.
• Nominal use charges are applied for certain field and analytical instruments; fees vary with the nature, duration,
and frequency of use. Rate schedule available on request.'
• Per diem rates will be charged according to those rates set by the General Services Administration
(www.gsa.gov) based on location, or nearest location to project site.
• Project -related expenses will be billed at cost plus 7.5%, including work by outside consultants and analytical or
testing laboratories.
• Certain surcharges and minimums apply to courtroom or hearing testimony; particulars available upon request.
Reimbursable charges for mileage are subject to change based upon prevailing IRS rates.
t Includes environmental scientists and engineers practicing in hydrology; geology, soil and watershed sciences, and
civil and erosion -control engineering.
304A 11-12 Fee Schedule 110113
EXHIBIT B
Jana Sokale
Environmental. Planning
7788 Hazelnut Drive
Newark, Califo:r:nia 94560
Phone (510) 193-3490
FAX (510) 795-1533
JanaSLC@.aol.com
SCHEDULE OF CHARGES FOR
'CONSULTING SERVICES
2014
Consulting Fees Hourly Rate
Principal Planner
$130.00
Principal Biologist
$125.00
Senior Biologist
$105.00
Grant Writer
$100.00
Senior CAD Operator
$ 90.00
Technical Assistant
$ 85.00
Graphic Designer/ Illustrator
$ 75.00
Copy Editor
$ 65.00
Reimbursable Expenses
Travel Expenses
Fares for commercial carriers, charges
for rental cars and travel expense accounts 1.10 x actual cost
Other Direct Expenses
Cost of copies of drawings, reports and other
Documents, photographic reproduction of
drawings and film processing. 1.10 x actual cost
Charges for Office Equipment Use
Fax
Copying
Mileage
1.00 per page
0.15 per page
0.55 per mile
Statements for consulting services shall be issued every four weeks for payment within 30 days
of receipt. Late fees will be assessed at 5 7o per month on unpaid balances after 30 days. '
Environmental Planning and Fund Development
EXHIBITC'
Schedule of Performance
Post -construction Monitoring of Stevens Creek
Corridor, Phase 2, Creek Channel Restoration: Years 1 - 2
Year 1 Monitoring
Geomorphic Monitoring Year 1
The following work shall be completed by September 15, 2014
Task 1. Storm Observations of Flow and Sediment Transport
The following work shall be completed by October 1, 2014
Task 2. Annual Streambed Conditions Monitoring, and Analysis
The following work shall be completed by November 1, 2014
Task 4. Annual Monitoring Memo Report — submit administrative draft report to City for review
The following work shall be completed by November 21, 2014
Task 4. Annual Monitoring Memo Report — submit final report to City
Vegetation Monitoring Year 1
The following work shall be completed by June 30, 2014
Task 5. Annual Vegetation Monitoring Photos (goal is late spring/very early summer)
The following work shall be completed by September 15, 2014
Task 6. Annual Storm Monitoring
The following work shall be completed by November 1, 2014
Task 7. Annual Vegetation Monitoring Memo Report — submit administrative draft report to City
for review
The following work shall be completed by November 21, 2015
Task 7. Annual Vegetation Monitoring Memo Report — submit final report to City
The following work shall be completed in accordance with permit requirements
Task 9. Wetland Tracker Forms — prepare and submit to agencies
Exhibit C, Schedule of Perfo_ rmance
Page I
Year 2 Monitoring
Geomorphic Monitoring Year 2
The following work shall be completed by September 15, 2015
Task 1. Storm Observations of Flow and Sediment Transport
The following work shall be completed by October 1, 2015
Task 2. Annual Streambed Conditions Monitoring and Analysis
The following work shall be completed by November 1, 2015
Task 4. Annual Monitoring Memo Report — submit administrative draft report to City for review
The following work shall be completed by November 21, 2015
Task 4. Annual Monitoring Memo Report — submit final report to City
Vegetation Monitoring Year 2
The following work shall be completed by June 30, 2015
Task 5. Annual Vegetation Monitoring Photos (goal is late spring/very early summer)
The following work shall be completed by September 15, 2015
Task 6. Annual Storm Monitoring
The following work shall be completed by November 1, 2015
Task 7. Annual Vegetation Monitoring Memo Report — submit administrative draft report to City
for review
The following work shall be completed by November 21, 2015
Task 7. Annual Vegetation Monitoring Memo Report — submit final report to City
Exhibit C, Schedule of Performance
Page 2
EXHIBIT D
-------------
FOR CALTRANS' USE-
lklej6r this
Accounting Of Date: q S
Chapter Statutes Item Fiscal Program BG Category Fund
Year
'T:IP [90W' 1�itdld)
3,; �1 I
APPLICANT.;STATE A6kE:EMjENT 1�Tb. 04-20-'0-35-
ENVIAONME'NTAL ENHANCEMENT AND KITIGATIQN-(EEM
)PROGRAM
STATE :.PROJECT NUMBER -. EEM -20I0:(035)
2010 2ij11 FISCAL YEAR ALLOCATION
Advantage
, Project ID:: 0400021079
P.-
THiS.AGREEMENT
made effective this 15, 20 1.1 by' And between the Ci y of
Cuv&tino, hereinaft6f't6ferre8 to as "APPLICANT", and the S * t
ta e-of,Acting by an
California,M - d through
the Cali'f6mi.a Department of Transportation (Caltrans), hereinafter referred to as."STATE."
W1. NESSE,-TH.
WHEREAS; as prdv
ided. by Streets and, Hjgd ways Code Section 164.5.6. Senate Bill I I!
(Stitutes of 1999, Chapter -739) established the.EEM Program as . a:permantnt program" funds have been
allocated to -APPLICANT by the Cali California Transportation Commission (CTC) After -T
submitted b APPLICANT had bee the PROJECT
y n recommend b the Resources Agency * and, as
ed. I& funding y
described in the application (APPLICATION);
WHEREAS, STATE and APPLICANT nova desire to enter into an Agreement relative to fund'
transfers and cost sharing on the described PROJECT.
NOW, THEREFORE, the parties agree as fbllo-,,0;:
ARTICLE I - Project Administration and General Prov'Jisions
1. PROJECT shall mean that EEM PROJECT described in the APPLICATION submitted
by APPLICANT and summarized,in Exhibit A to this Agreement including, financing information asset
forth in Section.111 of Exhibit A to this Agreement,
Page. I of 17
EEM -2010(035)
EXHIBIT, D
1.0. After completion and acceptance -of PROJECT by, both APPLICANT and' STATE.
STATE shall pay : STATE's PROPORTIONATE SFIARE- of the cost of `PROJECT to APPLICANT;
Within sixty (60) days after receipt of a signed invoice: for payment submitted by APPLICANT. At the
option of APPLICANT, monthly or quarterly pro rata progress payments in arrears maybe made. on a
reimbursement. basis upon submittal of invoices by APPLICANT and approval by STATE of the
PROJECT costs incurred. Pro rata payments will be based .on the amount of the STATE fund transfer
authorized herein in proporfh
tion to e total cost of PROJECT, including APPLICANT contributions: An
invoice format document is included as Exhibit -.C.
H. If PROJECT involves work anywhere on the State highway system, a separate standard
form of encroachment permit between STATE and A113LICANT must be prepared, and executed before
PROJECT work may commence.
12. APPLICANT shall comply with nth : requirements of -.the ,FAIR EMPLOYMENT'
PRACTICES' ADDENDUM. (Exhibit B) and furth6- agrees that any .agreement or service contract
entered into by APPLICANT with a .third party for performance of work connected with the PROJECT
shall .incorporate Exhibit B as a part of such agreement.
13. Upon completion of all workunder this Agreement and prior to ,the' expiration of this
Agreement, APPLICANT shall prepare and file with STATE one (1) original Final Project Expenditure
Report. The Final Project. Expenditure .Report must be. submitted with the. final invoice on the
PROJECT.
ARTICLE H - Rights -of -Way.
1. The, acquisition; clearance, and; improvement of rights of way necessary for °the
development of PROJECT shall be the responsibility of APPLICANT. Right-of-way acquisition and
clearance:.costs may be included as a participating item of tota]. PROM' costs -if included as part of the
PROJECT scope of work.
2. APPLICANT shall perform all PROJECT right-of-way activities in accordance with
applicable State -laws and regulations unless the STATE: determines,, in writing, that the. State Uniform
Relocation Assistance and Real Property Acquisition Policies Act (Government Code Secs. 7260-7277)
do not apply to PROJECT.
.3. APPLICANT, as part of its PROJECT design responsibility, shall identify and locate all
utility facilities within the PROJECT area. All utility facilities, including those not relocated or
removed in advance of construction, shall be identified on PROJECT plans and specifications.
4. If any.existing public and/or private utilities conflict with. the construction of PROJECT,
APPLICANT will make all necessary arrangements with the owners of such utilities for their protection,
relocation, or removal. If utility relocation is required within STATE right-of-way, APPLICANT shall
conform to STATE standards, policies and procedures. If utility relocation is outside of STATE right-
of-way, APPLICANT shall conform with local government policies.
5. APPLICANT shall certify as to legal and physical control of that PROJECT right-of-way
once it isready for construction and that the PROJECT right -of. --way was acquired in accordance with
Applicable, State laws and regulations; subject to • review and concurrence by STATE, prior, to the
adyertis.ement.for bids for construciion/development of PROJECT.
Pane 3 o'17
EEM -2010(035)
EXHIBIT D
ARTICLE V -. Equipment Purchase
1. Prior authorization in writing by STATE shall be required before APPLICANT enters
into any- non -budgeted purchase order or subcontract exceeding $500 for supplies, equipment, or
consultant services. APPLICANT shall provide an evaluation of of the necessity or desirability of incurring
such costs.
2. For purchase of any item, service or cd isulting work riot identified in .APPLICAI\TT's
Cost Proposal and exceeding $500, with written prior authorization by. STATE; three (3) competitive
quotations. must be submitted with that request or,the absence of bidding must.be adequately justified.
3,. Any eg4ipment.purchased.as a: result ofahis-Agreement is subject'to paragraph 3 of this
Article. V. APPLICANT:shall maintain an inventory of all:nonexpendable property;, def ined. as property
having a useful life of at least two years and. an acquisition cost of $500 or more. If purchased
equipment needs replacement and is sold or traded in, ,STATE shall receive a proper refund or credit.
Upon the;expiration date ofthis Agreement, or if this Agreement is terminated, APPLICANT may either
keep the equipment. and.credit. STATE in an amount equal to 'its.fair�market' value or sell such equipment.
at the best price obtainable, at a public .or private: sale, in accordance with established STATE
procedures; and credit. STATE in an amount equal to the sales price. If APPLICANT elects to keep that
equipment,, fair_. market value shall be defermined,. at APPLICANT's expense, on the basis of a
competent _independent appraisal, of such equipment. Appraisals shall be obtained from an appraiser
mutually:agreeable to STATE and APPLICANT. If it its determined to sell the equipment, the terms and
conditions of such sale must .be approved in advance by STATE.
ARTICLE VI - Management and Maintenance of Property
l APPLICANT will operate,, manage and maintain. into the future all property acquired,
developed, rehabilitated, or resiored..with funds transferred -through ttiis Agreement: With STATE's prior
approval, APPLICANT .or its:- successors in 'interest may . transfer, management and maintenance
responsibilities over the property. If the property is riot managed and maintained consistent with the
PROTECT APPLICATION, APPLICANT or its successors ,in. interest,. at the :discretion of STATE and
within 45 days after receiving notice to, APPLICANT by STATE, shall. reimburse STATE an amount at
least equal to the amount. of STATE's funding participation in PROJECT together with all accrued
interest at State Treasurer's pooled money investment account.
2. All' real property; or rights thereto, acquired with these funds .shall be subject to an
appropriate form of restrictive title, or. rights, covenants approved by STATE. If the PROTECT real
property, or -rights thereto; is sold, traded, condemned,or otherwise put to any use, other than that use as
approved in the Allocation for STATE. funds, the State Highway. Account, at the discretion of STATE
and within 45.days notice: to -APPLICANT by STATE, shallbe reimbursed an amount at least equal to
the amount of the STATE's funding participation. in PROJECT or the pro rata fair market value of the
real property, or rights thereto,. including improvement:,, at,the time of sale; whichever is higher. The
'Pro rata fair market value shall be based on the proportions of the fund transfer amount applied toward
the purchase of the property, or rights thereto, and the design and construction. of improvements in
proportion to the total purchase price of the real property, or rights thereto, and the cost of all
improvements made prior to the time of sale.
Page 5 of 17
EE%1-2010(033)
EXHIBIT' D
- ARTICLE VIII —A1lowable.Costs and Payments
L The method of reimbursement authorized by STATE for PROJECT expenditures made
by APPLICANT- under this. Agreement will be based on actual costs incurred. STATE will reimburse
the STATE's PROPORTIONATE SHARE of actual costs (based on,Seciion II.I of Exhibit A and
including. labor costs, employee benefits., travel, equipment rental. costs, and other.direct costs) incurred
by APPLICANT in performance of the work. APPLICANT will riot be reimbursed for actual costs that
exceed the: estimated Mage rates; employee benefits,,: travel, equipment rental, fringe benefit rates, and
other :estimated costs set forth in :APPLICANT's cost proposal (Exhibit Aa') unless additional
reimbursement is provided for by Agreement at endment. In the event that STATE determines
additional, work. beyond that specified in APPLICANP's cost proposal and this Agreement is required to
produce a 'satisfactory PROJECT,, the actual costs reimbursable, by STATE may be increased by'
Agreement amendment`to accommodate that additional work. The maximum total costs as specified in.
Section III of Exhibit A of`this Agreement, shall not be: exceeded unless authorized by .Agreement
amendment:
2. Reimbursement for transportation and subsistence costs shall not exceed the rates to be
paid nonrepresented/excluded. State employees under then current State Department of Personnel
Administration rules detailed in the Caltrans Travel And Expense Guide.
3. General and* administrative. PROJECT overhead is unallowable under the Resources
Agency of California's Environmental Enhancement and Mitigation Program Procedures and Criteria
guidelines.
4. Progress payments will be.allowed and may.be made no less than monthly in arrears
based on PROJECT work performed and allowable in+:urred costs authorized as.part of the, PROJECT.
5. APPLICANT may not commence any reimbursable PROJECT development. work or
services' or 'PROJECT capital out work before both program. adoption and funding allocation by the
California Transportation. Commission and. execution of this PROJECT agreement' byboth
APPLICANT and STATE. Reimbursement is subject to annual appropriation by the Legislature in the
State Budget for the. Environmental Enhancement and Mitigation Program Fund.
6. APPLICANT will be reimbursed as promptly as fiscal procedures will permit upon receipt by
STATE'sLocal Program Accounting office in the Division of Accounting of signed invoices. One
original.and.two copies of the invoice (in the format shown in Exhibit C) shall be submitted after the
performance of work, for which:APPLICANT is billing. Invoices shall include detailed backup
information supporting the work performed. The final im;oice.must contain the final cost and all credits
due STATE, including credits or reimbursements. due STATE.for any equipment purchased under the
provisions of Article V of this Agreement. Progress and final invoices as well: as the Final Project
Expenditure Report shall be -mailed to the Caltrans District Director, ATTN: District Local
Assistance Engineer (DLAE), for invoice approval. 'The DLAE.will forward invoices to the
Accounting Office forpayment.
ARTICLE IX — Cyst Principles
1. APPLICANT agrees to comply with: 1) The ,Resources Agency of California's
Environmental Enhancement and Mitigation Progp-am Procedures and Criteria; and 2) California
Transportation Commission Guidelines for Allocating, Adonitoring, and Auditing of Local
Assistance Projects..
Page 7 of 17
EEM -2010(035)
EXHIBIT[' D
ARTICLE X - Subcontracting.
1. APPLICANT shall perform the work: contemplated with resources available within its,
own organization, and no portion, of the .work pertinent to this Agreement. shall be subcontracted without
written authorization by STATE,. except that which is expressly identified in APPLICANVs Cost -
Proposal (Exhibit A 1):
2. Any subcontract in excess of $25,000; entered ;into as 'a result of this Agreement, shall
contain all the. provisions stipulated.in'this Agreement ari& shall be applicable to all subcontractors.
3: Any substitution of subcontractors -must be approved in writing by STATE.
4: Any subcontracventered into as a result of this. Agreement shall. contain all: -the provisions
of this Article X.
ARTICLE XI - Insurance
1. If the scope of APPLICANT services will not require APPLICANT or a subcontractor to
enter upon STATE highway right of way, ;then the APPLICANT is not required to show evidence of
general comprehensive liability insurance.
2. In the event that APPLICANT or an agent, contractor or subcontractor of APPLICANT
will be present or working on STATE right of way,'prior to commencement of the work described
herein, the APPLICANT shall furnish to STATE a Certificate of Insurance siating.that there .is general
comprehensive liability insurancepresentlyin effect far APPLICANT, and/or.its -agents, contractors,,and
subcontractors who will be working (in any manlier), on STATE property with a combined. single limit.
(CSL) of not less than one. million dollars, ($1,000,000),per occurrence.
The .Certificate of Insurance must provide:
A. That the insurer will not cancel -the insured's coverage without 30 days prior written
notice to the STATE.
B. That the STATE, its officers, agents, employees; and servants are also included as
additional named insureds, but only insofar as PROJECT operations under this
Agreement are concerned.
C. That STATE will not be responsible fir any premiums.or assessments on the, policy.
4. APPLICANT agrees that.all bodily injury liability insurance or self-insurance required
herein shall be ,in effect at 'all times ,during the term of this Agreement. In the event .said insurance
coverage expires at any time or times during the taim of this Agreement, APPLICANT agrees to
provide, at least thirty (30) days prior to said expiration date, a new Certificate of Insurance or
Certificate of Mf -Insurance evidencing, coverage as provided for herein far not less'than-the 'remainder
of'the term of the Agreement, or for a period.of not'less than one (1) year. New Certificates are: subject
to the approval of STATE and Department of'General Services. In the event APPLICANT fails to keep
coverage as herein, provided in effect at all times, STATE may, in addition to any other remedies it may
have, terminate this Agreement upon the occurrence of such event.
Page 9 of 17
EEh9-2010{035}
EXHIBTI, D
8. APPLICANT -'Warrants, by execution of this Agreement, that no person or selling -agency
has been employed or retained to solicit or secure this Agreement upon an agreement or. understanding
for a commis'sio'n, percentage; brokerage; or contingent: fed, excepting bona fide employees or bona -fide
established commercial or selling agencies maintained. by: APPLICANT for the purpose. of securing
business. For breach or violation. of this warranty, STATE has the right to annul this. Agreement without
liability, pay only for the value, of the work actually ;performed, or in its discretion, to deduct from the
price of consideration, or otherwise -recover from APPLICANT, the. full amount -of such commission,
percentage, brokerage, or contingerit fee...
9. In accordance with Public- Contract Code Section, 10296,.. APPLICANT hereby states
under penalty of perjury, that. no more than one final unappealable finding of contempt of court, by a
Federal court has been issued' against- APPLICANT within the immediate preceding hvo-year period
because of APPLICANVs failure to comply with an order of a Federal court that orders. APPLICANT to
comply with an order of the National Labor Relations Board.
10: APPLICANT shall. disclose any financial,: business; or' other relationship with STATE,'
the Resources Agency; or ;the California Transportation Commission (CTC) that may have an impact
upon the outcome of this Agreement. APPLICANT shall also list.current associates or clients who may
have a'fiiiancial interest in the_outcome of this Agreement:
11. APPLICANT hereby certifies'that it does not now have nor shall it acquire any financial
or business 'interest that would conflict with the performance. of this Agreement.
12. APPLICANT, warrants that -this Aereernent. was not obtained or secured through rebates,
kickbacks or other unlawfut.consideration either pron.used or paid to any STATE or Resources Agency
employee. For.breach or violation of this warranty, STATE shall have the right, in its sole discretion, to
terminate the. Agreement.without: liability, to pay only for the work actually, performed, or to deduct:
from the Agreerient price or otherwiset recover the full amount of 'such rebate,- kickback,, or* other
unlawful consideration.
13. This Agreement is, subject to any additional ,restrictions, limitations, conditions, or any
statute enacted by the State Legislature or the Federal )Government that may affect.the provisions, terms,
or funding of ihis-Agreement in any manner'.
14. This Agreement shall terminate on June 30, 2014 --with project completion and final
invoicing done by April 30, 2014 --or upon the earlier complefion of PROJECT, whichever is first
earlier in time, except that APPLICANT duties regarding the continuing operations and maintenance of
PROJECT property, credits. due STATE, and indemnification of STATE shall survive.
Pagel 1 of 17
EEM -2010(035)
EXHIBIT D
EXHIBIT A - PROJECT DESCRIPTION AND FINANCING
APPLICANT: City of Cupertino
PROJECT NAME : Stevens Creek Corridor Pahl: & Restoration Project, Phase 2
COUNTY: Santa -Clara
I. Project'Location: Final segment of the trail bettA.,een Stevens Creek Blvd. and McClellan Rd: within
the City of Cupertino.
II. Project Description of Work Proposed (as set forth in Application No. ) 035
Project will extend the regional multi -use Steven; Creek.Trail, restore riverine and
riparian h-dbitatalong 1,400 feet of Stevens Creek:, and open 5, acres of parkland to.the public.
Approximately 1-1/4 acres will be planted with native riparian, wetland and oak woodland .
plantings, a local orchard opened -to publicaccess-withanew trail, and wildlife habitat. improved.
The creek channel will be widened .to create 550 i:eet of pool and riffle: stream habitat. A new
backwater wetland area will be constructed. Existing concrete'and riprap channel armoring.will be
removed from the creek and the banks vegetated with native plantings.
III Proposed Project Funding:
A. ESTIMATED TOTAL PROJECT COST: S 2,695,000.00
Is this amount different from that set forth in the APPLICATION?
Yes
B. PROJECT FINANCING:
State Funding
Applicant Funding
Total Project Funding
X No
S 245,000.00 = 9.109/6 -of total project cost*
S 2,450.,000.00. = 90.90% of total project.cost
$ 2,695;000.00 =100.00% of total project cost
*NOTE: This percentage is referred to in-thisAgreemcr►t as, the. STATE's PROPORTIONATE S14ARE.
Of costs and will be used as the reimbursement ratio ott the project.
C. The maximum amount of STATE funding approved.by the CTC that may be contributed to the
PROJECT'shall not exceed S 245,000.06.
Page 13 of 17
EEM.2010(035)
EXHIBIT D
EXHIBTr B
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, .APPLICANT will not discriminate against any
employee for employment because of race, sex, color, religion, ancestry, or national origin.
APPLICANT will take affirmative action to ensure that, employees are treated during employment,
without regard to their race, sex, color, religion, ancestry, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. APPLICANT shall post in
conspicuous places, available to employees for employment, notices to be provided by STATE
setting forth the provisions of this Fair Employment section.
2. APPLICANT will permit access to the records of employment, employment
Advertisements, application forms, and other :pertinent data and records by the State Fair
Employment and Housing Commission, or any other agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment section of this Agreement.
Remedies for Willful Violation:
a) The State may determine a willful violation of the Fair Employment provision to have
occurred upon receipt of a final judgment to that effect from a court in an action to
which APPLICANT was a party, or upon receipt of a written notice from the Fair
Employment and Housing Commission that it has investigated and determined that the
APPLICANT has violated the Fair Employment Practices Act and had issued an order,
under Labor Code Section 1426, which has become final, or obtained an injunction
under Labor Code Section 1429.
b) For willful violation of this Fair Employment Provision, STATE shall have the right to
terminate this Agreement either in whole or in part, and any loss or damage sustained
by STATE in securing the goods or services hereunder shall be borne and paid for by
APPLICANT and by the surety under the performance bond, if any, and STATE may
deduct from any moneys due or the thereafter may become due to APPLICANT, the
difference between the price named in the Agreement and the actual cost thereof to
STATE.
Page 15 of 17
EEM -2010(035)
EXHIBIT
AGREEMENT EXHIBIT D - FINAL PROJECTEXPENDITURE REPORT
(Prepare On,Applicanf's,Letterhead)
A'ame, District Director
Departrnent of Transportation
Street or P.O. Box
City, CA„Zip Code.
Attention.Mdme; District Local Assist nee Engineer.
Final Project Expenditure Report
Description/Location of Work:
Project Completion Date:.
Expenditure Author,z.ation;
Project Number:
State -Local Entity Agreement.Number:
State Funds Allocated:
Expendifure Incurred:
A. Payment to Contractor
(Attach fnal pay estimate)
B. Other Project Costs:
Preliminary Engineering.
Construction Engineering.
Any Additional Construction
Right of -Way (Capital and Support),
C., Liquidated Damages
D. Outstanding Contractors. Claims
E. Others (specify;)
Sources and.Amounts of Additional Funds Used:
State Funds Allocated But Not Used:
CERTIIJCATION
I hereby certify that:
Total S
To the. best of my knowledge and belief, the inforniation in this report is a true and accurate -record of
project costs. The work was performed in accords>ice with the CTC approved scope and state funding.
for the project.
Title and Unit of Local Agency Representative
PROJECT VERIFICATION: This verification of completion also constitutes approval .to pay costs
shown in.the-Final Invoice included in the Report of'Ezpenditures. I have reviewed the job site and
found the project completed in accordance with the scope and description of the project authorization
.document.
District Local Assistance I;ilgineer Date:
Page.17 of 17
EEM 2010(035)
CliPnt#k 727
BALANHYDR
ACORD- CERTIFICATE OF LIAEILiTY INSURANCE
2/20/2014"""'
PRODUCER
Dealey, Renton & Associates
P. O. Box 12675
Oakland, CA 94604-2675
510 465-3090
'CHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE, AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED
Balance Hydrologics, Inc.
800 Bancroft Way, Suite 101
Berkeley, CA 94710-2227
INSURER A: Travelers Indemnity Co. of Conn 25682
INSURER B: Travelers Property Casualty Co 25674
INSURER c: Greenwich Insurance Company
INSURER D: Sentinel Insurance Co. LTD 11000
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENI WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
D
INSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE LIM/DD/YY
POLICY E%PIRATION
DATE.(MMIDDIYYI
LIMITS
A
GENERAL LIABILITY
68054591-40A
10/26/13'
10/26/14
EACH OCCURRENCE $1,000,000
DAMAGE TO RES 1E.ENTED PREMtS_$300 000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 51OCCUR
MED EXP (Any one person) $5,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG s2,000,000
-
X POLICY PET LOC
D
'
AUTOMOBILE
X
LIABILITY
ANY AUTO
57UEGPV2266
_
10/26/13
10/26/14
COMBINED SINGLE LIMIT
(Eaaccident)$1,000,000
BODILY INJURY
(Per person) $
ALL OWNED AUTOS
SCHEDULEDAUTOS
BODILY INJURY $
(Per accident)
X
X
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
B
EXCESSIUMBRELLA LIABILITY
CUP7384Y02A
10/26/13
10/26/14
EACH OCCURRENCE s2,000,000
AGGREGATE $2 000 000
X OCCUR FICLAIMS MADE
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
-
_
WC STATU- OTH-
TORY LIMITS FR
E.L. EACH ACCIDENT $
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - EA EMPLOYEE $
OFFICER/MEMBER EXCLUDED? '
E.L. DISEASE - POLICY LIMIT 1 $
If yes,. describe under
SPECIAL PROVISIONS,below
C
OTHER Professional
PECO01747309
_
10/26/'13
10/26/14
$5,000,000 per claim
Liability
$5,000,000 annl aggr.
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
General liability policy excludes claims arising out of the performance of professional services
Balance No: 213119.
The City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers are
additional insureds as respects to General & Automobile Liability per policy form wording. Such insurance
(See Attached Descriptions)
ER
City of Cupertino
Attn: City Manager
10300 Torre Avenue
Cupertino, CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL I.0_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE. HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
REPRESENTATIVE
POLICY NUMBER: 58054591_40A
COMMERICAL GENERAL LIABILITY
ISSUE DATE: 10/25/13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):
Cityof Cupertino
Attn: City Manager
10300 Torre Avenue
Cupertino, CA 95014
PROJECT/LOCATION OF COVERED OPERATIONS:
SCHEDULE NAME OF ADDITIONAL INSURED PERSONS OR ORGANIZA-rIONS CONT: The City of Cupertino, its City Council, boards and
commissions, officers, employees and volunteers
PROVISIONS
A. The following is added to WHO IS AN INSURED
(Section II):
The person or organization shown in the Sched-
ule above is an additional insured on this Cover-
age Part, but only with respect to liability for "bod-
ily injury", "property damage" or "personal injury"
caused, in whole or in part, by your acts or omis-
sions or the acts or omissions of those acting on
your behalf:
a. In the performance of your ongoing opera-
tions;
b. In connection with premises owned by or
rented to you; or
c. In connection with "your work" and included
within the "products -completed operations
hazard".
Such person or organization does not qualify as
an additional insured for "bodily injury", "property
damage" or "personal injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided to such additional insured
is limited as follows:
d. This insurance does not apply to the render-
ing of or failure to render any "professional
services".
e. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed in that "contract or agreement requir-
ing insurance" to provide for that additional
insured, or the limits shown in the Declara-
tions for this Coverage Part, whichever are
less. This endorsement does not increase the
limits of insurance stated in the LIMITS OF
INSURANCE (Section III) for this Coverage
Part.
B. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, if you specifically agree in a "contract or
agreement requiring insurance" that, for the addi-
tional insured shown in the Schedule, the insur-
ance provided to that additional insured under this
CG D3 82 09 07 ©2007 The Travelers Companies, Inc. Page 1 of 2
Includes the copyrighted. material of Insurance Services Office, Inc., with its permission
EXCERPTS FROM CA 00001 (1001)
HARTFORD BUSINESS AUTO COVERAGE
Insured: Balance Hydrologics, Inc.
Policy Number:57UEGPV2266
Policy Effective Dates: 10/26/13
Additional Insured:
SCHEDULE NAME OF ADDITIONAL INSURED PERSONS OR ORGANIZATIONS CONT: The City of Cupertino, its City
Council, boards and commissions, officers, employees and volunteers
Additional Insured: SECTION II — LIABILITY COVERAGE
1. WHO IS AN INSURED: The following are "inSUreds"
c. Anyone liable for the conduct of an "insured"... but only to the extent of that liability.
Primary Insurance: SECTION IV — BUSINESS AUTO CONDITIONS
B. General Conditions - 5. Other Insurance
a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any
covered "auto" you don't own, the insurance provide by this Coverage Form is excess over any
other collectible insurance.
c. Regardless of the provisions of paragraph a. above, this Coverage Form's Liability Coverage
is primary for any liability assumed under an "insurE!d contract".
Cross Liability Clause: SECTION V — DEFINITIONS
G. "Insured" means any person or organization qualifying as an insured in the Who is An
Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the
coverage afforded applies separately to each insured who is seeking coverage or against whom
a claim or "suit" is brought.
EXCERPTS FROM HA9916 (0302)
HARTFORD COMMERCIAL AUTOMOBILE BROAD
FORM ENDORSEMENT
15. WAIVER OF SUBROGATION — We waive any right of recovery we may have against any
person or organization with whom you have a written contract that requires such waiver
because of payments we make for damages underthis Coverage Form.
,4c � CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
02/20/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 014LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONST17UTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject
to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights
to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME: Risk Management Department
Aon Risk Services Northeast, Inc.
New York NY Office
199 Water.Street
PHONE FAX
Alc, No, Ext): 866 443-8489 AIC, No): (800 889-0021
- AIL
ADDRESS: work.comp@thnet.com
INSURERS AFFORDING'COVERAGE
NAIC #
New York, NY 10038-3551
_
INSURED
INSURER A: Commerce 8 Industry Ins Co
19410
TriNet HR Corporation and all its affiliates and subsidiaries'
Balance Hydrologics, Inc. (Endorsed as alternate employer)
9000 Town Center Parkway
Bradenton, FL 34202
INSURER B: Illinois National Ins Co
23817
INSURER C: Ins Co State of Penn
19429
INSURER D: Nat'l Union Fire Ins Co
19445
INSURER E: New Hampshire Ins Co
23841
COMMERCIAL GENERAL LIABILITY
INSURER F:
CnVFRAGES CERTIFICATE NUMBER: REVISION NUMBER:
HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
INSRADDL
LTR
TYPE OF INSURANCE
INSR
SUER
WVD
POLICY NUMBER
POLICY EFF
POLICY
POLICY EXP
(MM/DD
LIMITS
GENERAL. LIABILITY
EACH. OCCURRENCE $
DAMAGE RENTED
COMMERCIAL GENERAL LIABILITY
(Ea oaurrence) $.
PREMISES S (
MED EXP (Anyone person) $
CLAIMS -MADE F—] OCCUR
PERSONAL 8 -ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMP/OP AGG $
ri POLICY F7 PROJECT LOC
AUTOMOBILES LIABILITY
COMBINED SINGLE LIMIT
Each accident) $
BODILY INJURY Perperson) $
ANY AUTO
BODILY INJURY (Per
ALL OWNED SCHEDULED
AUTOS AUTOS
accident) $
PROPERTY DAMAGE
Per accident $
NON -OWNED
HIRED AUTOS AUTOS
UMBRELLA LIAB
OCCUR
EACHOCCURRENCE$
AGGREGATE $
EXCESS LIAB.
CLAIMS -MADE
DED I I RETENTION $
D
WORKERS COMPENSATION
ANDEMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
N / A
X
03940123.1' (DE)
07/01/2013
07/01/2014
Xwe sTATu- OTH-
TORY LIMITS ER
$2,000,000
E.L. EACH ACCIDENT
E.L.DISEASE-EA EMPLOYEE $2,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
$2,000,000
E.L. DISEASE -POLICY LIMIT
_
See attached Waiver of Subrogation In
favor of certificate holder
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required): 9438 / 9TX
TriNet HR II, Inc. and TriNet HR V, Inc.
CFRTIFIRA'TF Hni nFR CANCELLATION
City of Cupertino
City Manager
10300 Torre Ave
Cupertino, CA 95014
25 (2010/051 — The ACORD name and logo are reqistered marks
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Aon Risk Services Northeast, Inc.
©1988-2010 ACORD
reserved.
,4coJ?K> CERTIFICATE OF LIABILITY INSURANCE02/20/2014
-DATE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER..
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If.SUBROGATION IS WAIVED, subject
to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights
to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME: Risk Management Department
Aon Risk Services Northeast, Inc.
PHONE FAX
New York NY OfficeAIC,
199 Water Street
No, Ext): (866 443-8489 A/C, No): (800 889-0021
- AL
ADDRESS: work.wmp@tiinet.com
New York, NY 10038-3551
EACH OCCURRENCE $
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
TriNet HR Corporation and all its affiliates and subsidiaries'
INSURER A: Commerce & Industry Ins Co
19410
INSURER B: Illinois National Ins Co
23817
Labor Contractor for Balance Hydrologics, Inc.
INSURER C: Ins Co Stale of Penn
19429
9000 Town Center Parkway
Bradenton, FL 34202
INSURER D: Nat'l Union Fire Ins Co
19445
INSURER E: New Hampshire Ins Co
23841
J
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Llmits shown are as requested
/NSR
LTR
TYPEOFINSURANCE
ADDL
INSR
SUBR
WVD
' POLICY NUMBER
POLICY EFF
MM/DD/YYYY)
POLICY EXP
(MM/DDIYYYY)LIMITS
GENERAL. LIABILITY
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Eaomumence) $
•
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE F—] OCCUR
MED EXP (Any oneperson) $
PERSONAL & ADV INJURY '$
GENERAL AGGREGATE $
GEN'LAGGREGATE LIMIT APPLIES .PER:
PRODUCTS-COMP/OPAGG $
POLICY PROJECT F7 LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Eachaccident) $
_ _
BODILY INJURY (Perperson) $
ANY AUTO
BODILY INJURY (Per
ALL OWNED SCHEDULED
AUTOS AUTOS
accident) $
PROPERTY DAMAGE
(Per accident) $
HIRED AUTOS NON -OWNED
AUTOS
UMBRELLA UAB
OCCUR
EACH OCCURRENCE ..$
AGGREGATE $
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION $
'
D
WORKERS COMPENSATION
ANDEMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
N / A
X
039402528 (CA)
07/01/2013
07/01/2014
X WCSTATU- OTH-
TORY LIMITS ER
$2,000,000
E.L. EACH ACCIDENT
E.L.DISEASE-EA EMPLOYEE $2,000,000
E.L. DISEASE -POLICY LIMIT $2.000.,000
(Mandatory In NH)
if yes, describe under
DESCRIPTION OF OPERATIONS below
See attached Waiver of Subrogation'. In
favor of certificate holder
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional'. Remarks Schedule, if more space is required): 9438 / 9TX
TriNet HR II, Inc. and TriNet HR V; Inc.
CERTIFICATE HOLDER CANCELLATION
City of Cupertino
City Manager
10300 Torre Ave
Cupertino, CA 95014
nameandlogo are
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Aon Risk Services Northeast, Inc.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 00 03 13
(Ed 4-84
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in'the Schedule: (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in,the Schedule:
Schedule
City of Cupertino:
10300 Torre Ave
Cupertino CA 95014
TriNet Client Number: 943B / 9TX
Client Name: Balance Hydrologics, Inc.
a
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective See Accompanying Certificate Policy No.
Insured: TriNet HR Corp. Endorsement No.
See Accompanying Certificate Premium $
and all its affiliates &subsidiaries
Insurance Company: See Accompanying Certificate
WC 00 03 13 .
(Ed. 4-84)
01983 National Council on Compensation Insurance.
Counter Signed By
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT —CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following" attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective See Accompanying Certificate 12:01 AM forms a part of Policy No. See Accompanying
Certificate
Issued to TriNet HR, Corp. and all its affiliates & subsidiaries"
By See Accompanying Certificate '
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against any person or organization with whom you have a written contract that requires you to obtain this agreement
from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be
for this policy.
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
TriNet Client Number: 9436 / 9TX
Client Name: Balance Hydrologics, Inc.
WC 04 03 61
(Ed. 11-90)
--- % of the total estimated workers compensation premium
Schedule
Countersigned by
Q 0
uthorized Representative