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09-003 Balance HydrologicsAGREEMENT 3~ 4i CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO.~ -~~-' ~/ / BY THIS AGREEMENT, made and entered into this 20'h day of August, 2008, by and between the CITY OF CUPERTINO (hereinafter referred to as CITY) and Balance Hydrologics, 800 Bancroft Way, Suite 101, Berkeley, CA 94710, Phone: 510-704-1000 (hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Provide hydrological and geomorphological monitoring services for Stevens Creek Corridor Park, Project 9112, per the attached scope of services. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A -PROPOSAL EXHIBIT B -INSURANCE REQUIREMENTS TERMS: The services and/or materials furnished under this Agreement shall commence on August 1, 2008 and shall be completed before December 15. 2010 ~----- COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR an amount not to exceed $23,000.00 and per the attached Exhibit A. California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and afl damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: ~~,~ ~~~~~a~l~s ~: NAME. Terry W. Greene, AIA DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: BY - .,~~/~ ~ lG Title ` C~ ~Prc~ i Soc. Sec. # or Tax I.D. ~' ~ _ i30~-~(9-~ APPROVALS „ CITY OF CUPERTINO: By Terry W. Greene, City Architect EXPENDITURE DISTRIRIITInN T T A AT ~ A T E ~ ~ ^ ~~ 427-9112-9300 $23,000.00 CITY RL~Y~~ D ~ Q ~ ~ u J EXHIBIT A Proposed Scope of Services for Post-construction Geomorphic Monitoring of Stevens Creek Phase lA Channel Restoration/Re-naturalization Proposed Scope and Monitoring Approach Task 1. Fall 2008 Streambed Conditions Establishment and Analysis h~ order to evaluate how the constructed Streambed of riffles and pools evolves following completion of construction, Balance staff needs to document the as-built conditions through the completion of one day of fieldwork for two Balance staff. The day of teldwork will include measuring the grain size distribution within Riffle/Pool complexes C2, D3, and D5, and downstream of the last constructed J- hook. We will also establish photo-monitoring points for these locations and location Reach A, and document constructed conditions with several photographs at each location. We are not proposing topographic survey work for post-construction conditions as we understand this will be handled separately by the City per the input Balance provided on September 26`~ 2008. Task 2. Storm Observations of Flow and Sediment Transport To assess the fundamental assumptions of the channel design, Balance proposes to monitor streamflow and bedload sediment transport through the constructed reach at Blackberry Farm. This would cover Reach A and Reach B, however we would monitor conditions at only one location through the reach and extrapolate, both quantitatively and visually, results to the rest of the reach. We plan to monitor flow and bedload transport conditions at Riffle D3 or D5. We have budgeted for up to 4 storm observations and for cost effectiveness will perform these duties when we have other stone monitoring obligations along the Peninsula at one of our other gaging stations. We would not likely measure conditions until streamflow reaches values of 100 cfs or greater because we are primarily interested in: o Whether or not the low-flow channel was sized properly (i.e. to convey roughly the 1.5 to 2.0 year flood event); o At what flow does bedload sediment transport begin (vs. the model results which suggests transport initiation at roughly 75% of bankfull); o The difference between instantaneous transport rates vs. that which we numerically estimated during the design process. Additionally, by measuring sediment transport rates we can evaluate channel geometry evolution with respect to bedload transport dynamics (i.e. evaluate whether very high rates of transport lead to measure- able changes in bedform topography). This may help to inform the design approach to the Stocklmeir reach if the project proceeds. Furthermore, if we encounter a drought year and flow does not exceed values of 30 to 50 cfs, it would be likely that we would not utilize this task and that would represent a net savings for the year"s monitoring effort. A storm observation field log will be included in the annual monitoring report and will highlight measured streamflow and bedload sediment transport rates. Task 3. Annual Profile and Cross-sections Survey Collection of annual profile and cross-section data will permit Balance to evaluate how the constructed channel evolves in relation to future floods, and trends in overall watershed conditions (i.e. major wildfire, earthquake, etc.). Profile data will provide detail at the riffle-pool level and will be detailed enough to quantify local depositional or erosional cycles. Cross-sectional data will be collected each year of monitoring at 8 locations to more closely evaluate channel geometry evolution. These locations will include one section each at: SCCP Year 1 Hydrol. Monitoring Scope Esh A final.doc o Reach A (station 0+85) o Riffle C2 (station 10+50) o Pool C2 (station 1 1+25) o Riffle D3 (station 15+85) o Pool D3 (station 16+25) o Riffle DS (station 18+50) o Pool DS (station 18+85) o Downstream-most J-hook (station 20+75) Sections will extend from top of bank to top of bank and will include all major breaks in slope including at least two points collected on each floodplain, and five points collected in the low-flow channel. Data will be archived in a Microsoft Excel database. The annual monitoring report will include all profile and cross-section data, and plots will illustrate each years worth of data as it is collected. At this point in time, Balance is anticipating completion of the survey work in house. Task 4. Annual Streambed Conditions Monitoring and Analysis Balance will internally review, work up, and analyze all field data collected in order 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 at the subject riffles and pools - as data is collected we will expand the tables and figures to illustrate post-construction channel evolution trends). Task 5. Annual Monitoring Reporting At the end of the monitoring season (September 30th of any given year understanding that the -nonitoring season will begin on October 1S' of the previous year), Balance will prepare an annual geomorphic monitoring report which can be submitted to regulatory agencies for their review and files. The report will likely be 3 to 4 pages in written length and will also include photographs, tables, and figures to illustrate post construction channel evolution conditions. Task 6. Project Management A nominal budget has been proposed to cover costs associated with project management including staff planning and follow through evaluation. Monitoring Work Oversight, Budget and General Annual Description All monitoring efforts will be overseen by Shawn Chartrand with much of the fieldwork likely carried out by Jon Owens, Brian Hastings, and Gustavo Porras. Mr. Chartrand will be Principal-in-charge for the work and all work will be coordinated through him. The proposed budget to cover the above scope is provided and outlined in the attached Table 1. We propose to implement the above scope as follows: o Year I of Monitoring: Tasks 1 through 6 SCCP Year I H~~drol. Monitoring Scope Exh A linal.doc EXHIBIT A, Fee Proposal & Anticipated Staff Hours by Task 206019 Stevens Creek Phase IA Post-constreection Geonrnq~hic htnntlnrln n ~ c c ~ c c ~ c c ~ ~ w N ;~ E C y m ~ C (1 C y ~ y O U) N ~ N N N C V1 ¢ Q~ U L~ Q ~~ f- OI d C N Q) d ~ `o ` N o_ `o N <n `o ` (n N o N N Q `o 3 N ~ o ~ N rn n l0 N a C7 O a ~ N ~ n L v o 0 Task Number and Description ~ a a o a a` o_ ~ ~ `n m ~ m m ~ a Labo Taskts For Hourly Rate $205 $170 $145 $135 $120 $110 $95 $80 $100 $80 $80 $77 $74 $50 $60 Year 1 Labor Costs Task 1. Fall 2008 Streambed Conditions Establishment & Analysis (fall 2008 only) 1 10 Task 2. Storm Observations of Flow and Sediment Transport 2 12 18 Task 3. Annual Profile and Cross-section Surveys 1 12 Task 4. Annual Streambed Conditions Monitoring and Analysis 1 14 32 Task 5. Annual Monitoring Reporting 4 20 Task 6. Project Management 2 3 Year 1 Total Labor Costs Expenses 18 20 2 $3.500 $4,240 $3,990 $6,040 $3,228 $1,008 4 mileage 250 miles per year supplies and materials includes metal posts or re-bar, safety caps, staff plates and 2x4 (redwood) reimbursables allowance flow and sediment measurement equipment usuage fee (50 % cost break) includes usuage /ee for velocity meters. wading rod, and a Helley-Smith 6-inch bed/oad sampler - $250 per year $150 $150 $440 $250 Subtotal Hours for Year 1 Monitoring Notes: 1. Task 1 would occur in year 1 only 2. We have budgeted for up to fourstorm observations per year of the monitoring program 11 26 22 73 38 176 $22,006 4 2 TOTAL YEAR 1 LABOR AND EXPENSES PROPOSED FEE $22,996 SCCP Year 1 Hytlro monitoring Exh A Fee fnal.zls, Table 1. 12/17/2008 ©2007 Balance Hydrologics. Inc. EXHIBIT B INSURANCE REQUIREMENTS CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his/her agents, representatives, employees or subcontractors. CONTRACTOR shall maintain at all times during the performance of the Agreement the following insurance and endorsements: A. Workers' Compensation and Employer's Liability Insurance: Workers' compensation insurance indicating compliance with State's workers' compensation laws and employer's liability insurance with a minimum of one million dollars ($1,000,000.00) per accident for injury, death or disease to any employee, or statutory limits. The policy shall contain an endorsement waiving all rights of subrogation against the City, its officers, officials, employees or volunteers. B. Professional Liability, General Liability and Automobile Liability Coverage: 1. Automobile Liability Insurance shall include coverage for bodily injury and property damage for owned (if any), hired and non-owned vehicles and shall not be less than one million dollars ($1,000,000.00), combined single limit for any one occurrence. 2. Comprehensive or Commercial General Liability Insurance shall include coverage for bodily injury, property damage and personal injury for premises operations, product/completed operations and contractual liability. The amount of the insurance shall not be less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate, combined single limit. (Claims made policies are not acceptable.) Consultant shall also provide aggregate limits endorsement and primary insurance endorsement. 3. Professional Liability Insurance (including Contractual Liability) shall include coverage for claims for professional acts, errors or omissions and shall not be less than one million dollars ($1,000,000.00) per claim and one million dollars ($1,000,000.00) in the aggregate. C. Additional Insurance Provisions 1. The CITY shall have the right to inspect or obtain a copy of the original policies of insurance. 2. The general and auto liability policies shall be endorsed to name the City, its officers, officials, employees or volunteers as insureds for liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 37 07 04 or CG 20 10 11 85), as a separate Owner's and Contractor's Protective Liability Policy, or on the Entity's own form. 3. The General, Auto, and Professional Liability policies shall be endorsed to provide primary insurance coverage for all claims related to the services provided under this contract. 4. CONSULTANT shall furnish to the CITY within 15 days following the execution of this Agreement, the required certificates and endorsements. The certificate of insurance shall state the policy will not be cancelled without thirty (30) days written notice to the CITY (or 10 days notice for cancellation due to nonpayment). 5. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Manager of the City of Cupertino as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager or his designee. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage CONTRACTOR shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Waiver of Subrogation CONTRACTOR hereby grants to City a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the Entity by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the City has requested or received a waiver of subrogation endorsement from the insurer. OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 W EBSITE: www.cupertino.org CUPERTINO January 14, 2009 Balance Hydrologics 800 Bancroft Way, Suite 101 Berkeley, CA 94710 To Whom It May Concern: Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely; CITY CLERK'S OFFICE Enclosure