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04-103 Thomas Reid Associates~{ - ~ .~. AGREEMENT I CITY OF CUPERTINO ,y , 10300 Torre Avenue !~' Cupertino, CA 95014 ~-ry~ ~~ff ~ -'~~f ~~ (408) 777-3200 NO.~ ~'r"~~~ FY 04-05 BY THIS AGREEMENT made and entered into on they 27th day of September, 2004, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Thomas Reid Associates, 545 Middlefield Road, Suite 200, Menlo Park, CA 94025 (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: Biological analysis and restoration planning as detailed in Exhibit A -Stevens Creek Corridor Restoration Plan Scope of Work and Exhibit B -Biological Site Surveys and Analyses Scope of Work EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A: Stevens Creek Corridor Restoration Plan Scope of Work. (Exhibit B: Biological Site Surveys and Analyses Scope of Work. TERMS: The services and/or materials furnished under this Agreement shall commence on Septe 27, 2004 and shall be completed before September 27, 2005. ,~ COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTFd~T , amount not to exceed $64,894.00. ~-- ' ~~ + GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, age ~" employees from any and all damage and liability of every nature, including all costs of de ding any claim, caused by or arising out of the performance of this Agreement. CITY shall not be liable for 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. It is understood and agreed th~rt this Agreement is not a contract of employment in the sense that the relation 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 finar~cial 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 COORDINATOR and representative for ~;,ITY shall be: NAME: Therese Smith DEPARTMENT: Parks and Recreation 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. GPgr` TAX ID :~~ ~ ) APPROVALS C~ c~~-~ ~~~~~~/ CI OF CU ER~INO: (J J\ 'O, By~ S . ~ David Knapp, City Mana er EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE i1000UNT NUMBER AMOUNT ~~ ,`: v CITY LERK DATE ~~-~~^G co ~~ o o- t Stevens Creek Corridor Page 1 Biological Services and Restoration Scope of Work A. STEVENS CREEK CORRIDOR RESTORATION PLAN SCOPE OF WORK Thomas Reid Associates (TRA) A major component of the Stevens Creek Corridor Master Plan (Master Plan) project is the Restoration Plan (Plan). The City's scope of work states "A full restoration report will be needed for the corridor beginning at the golf course where the creek is channelized. A subconsultant will be needed to prepare a plan, which achieves the Council's goals while allowing for continued golf course operation." Since Stevens Creek supports rare, sensitive or listed species including the California Red-legged frog, western pond turtle, steelhead, and nesting birds of prey, it is important that any Restoration Plan increase the stream habitat functions and values. Also, any riparian restoration plan will be subject to local, State and Federal Agency consultation and approval. Agencies that will be reviewing the restoration pl~cn include the Santa Clara Valley Water District, California Department of Fish and Game (through the California Endangered Species Act), the San Francisco Bay Regional Water Quality Control Board, the US Fish and Wildlife Service, National Marine Fisheries Service, and F>ossibly the US Army Corps of Engineers. This Plan will be descriptive enough to provide decision-makers and funding agencies with a clear understanding of exactly what will be restored and/or enhanced in Corridor. It will incorporate the issues of biology, hydrology, fluvial geomorphology and park planning, to develop a plan that increases habitat, decreases potentially significant effects from flooding, provides bank stabilization, and assesses the be:~t reaches where the trail can be located adjacent to the creek, and identifies the most suitable locations for new pedestrian bridges. The Plan will provide the counterpoint to the proposed trail alignment and Blackberry Farm/McClellan Ranch facilities, as listed in the C:ity's scope of work. The foundation of this Plan will be the hydrologic and geomorphic report to be prepared by Balance Hydrologics. The scope of work for this Plan is as follows. Please note that this work listed in this scope is only for the tasks that TRA will perform, the other numbered tasks such as Task 1, Task 3 arnJ Task 5 are listed in the Stevens Creek Corridor scope of Balance Hydrologics. Task 2 Assessment of historic and current beneficial and/or designated uses TRA will review historic aerial photography/and other sources to assess the historic extent of riparian plant species composition and spacing. We will review Santa Clara County's Riparian Corridor Study (June 5, 2003) to determine the current setback recommendations and corridor width requirements. Task 4 Geomorphic assessment of riparian areas suitable for re-vegetation Balance will work with TRA to assess are~~s that are identified for re-vegetation along the riparian corridor of the creek for feasibility. Revecietation goals include removal of existing exotic tree canopy; replacement of existing exotic understory and revegetation of denuded upland areas; and revegetation of degraded stream banks and potential sites for bank reengineering and/or stabilization. TRA will also ;assess the entire site for potential off-channel aquatic habitat to increase benefits to existing western pond turtle and California .red-legged frog populations. Thomas Reid Associates September 23, 2004 Stevens Creek Corridor Biological Services and Restoration Scope of Work Task 6 Development of restoration alternatiives Page 2 TRA, Jana Sokale and Balance will devel~~p and evaluate a suite of rehabilitation alternatives that address improving fish passage and riparian/streambank vegetation, starting with the list of restoration opportunities shown on page B-15 of the Stevens Creek Trail Feasibility Report, which are as follows: Remove rip rap and boulders lining the creek banks: At the south end of Blackberry Farm, creek bank armoring with boulders and rip-rap could be replaced with an ecologically sensitive bank stabilization method that allows riparian vecetation to grow and shade the creek. Remove the fish barrier at the south end of Blackberry Farm Golf Course: Remove the barrier and replace with pool and riffle habitat, which is ~~ttractive to steelhead. This project is relatively expensive as it will require environmental permit~~ and engineering work. However, the long- term benefits to steelhead are great. Remove low flow vehicle crossings: There are sE~veral places along the Creek in Blackberry Farm and golf course where vehicles cross the Creek in the channel. These could be removed and the in-stream habitat restored for aquatic spE~cies, especially steelhead. Remove non-native invasive species: Periwinkle (Vinca major) giant reed (Arundo donax), and Himalayan blackberry (Rubus discolor), three highly invasive species, are growing along the corridor and should be removed to prevent their ~;pread. Replant the riparian corridor with native species grown from locally collected stock: Much of the corridor in this Study Area is missing some or all of its riparian cover. Restoring the native riparian community, including trees, shrubs, and ~/egetative understory, will have significant benefits for steelhead and other wildlife species tl~at depend on riparian vegetation for cover, nesting and foraging. In addition, alternatives may include alternative channel alignments with differing meander amplitudes, or which combine naturalizE;d channels with limited grade control. Segments of the channel suited to stabilization wiith vegetation (biotechnical methods) and those which warrant hardening will be identified for one or two preferred alternatives. The information obtained through the fieldwork, hydrologic and hydraulic analyses of the creek, and an assessment of beneficial or designated uses v/ill be used both to screen alternatives, and to develop conceptual plans for the channel. Task 8 Field Visit/Team meetings TRA will attend three team meetings: (1) ~~n early field meeting in which the vision, opportunities and constraints can be presented to our staff, and (2) a team meeting to discuss restoration alternatives, and (c) a meeting with City and SCVWD staff to discuss comments on administrative draft of the Restoration Plan. Task 9 Attendance at public hearings TRA will attend the final presentation of the Restoration Plan. TRA has allowed for two public hearings including one at the City and one at the District. Working closely with the Master Plan consultant, TRA will prepare a PowerPoint presentation for these hearings. Task 10 Project administration Time has been allotted for administration i:asks associated with the project for TRA. Please see Tables 1 and 2, below, for a detailed Ixeakdown of costs. Thomas Reid Associates September 23, 2004 Stevens Creek Corridor Page 3 Biological Services and Restoration Scope of Work Table 1 Restoration Plan Costs -Thomas Reid Assoc:fates Senior (Project Senior CAD StaffSupport I TRA Total Associate Mgr) Senior Biologist Associate rate $114 $100 $85 $58 $36 1. Define extent of riparian 12 restoration (task numbers in this cost table are the same as those in the Balance cost table [Table 1 of this proposal]) 2. Research Site History 4 6. Develop alternatives 2 12 24 7. Prepare Plan for Agency Submittal 4 40 40 8. Field Visit/Team meetings 15 15 9. Attendance at public hearings 32 10. Project administration 18 Total Hours 6 117 95 Total Cost $684 $11,700 $8,075 Expenses TRA 10% markup on Balance Hydrologics Grand Total 24 4 24 4 $1,392 $144 12 4 38 112 30 32 246 $21,995 $960 $3,229 $26,184 Thomas Reid Associates September 23, 2004 Stevens Creek Corridor Page 4 Biological Services and Restoration Scope of Work B. BIOLOGICAL SITE SURVEYS AND ANALYSES SCOPE OF WORK Thomas Reid Associates (TRA) As stated in the IS Biological scope abovE;, TRA will conduct a series of focused biological surveys to assess the potential for special status plants and animals to occur within the project area. These surveys will include U.S. Fish and Wildlife Service (USFWS) protocol- level focused surveys for California red-legged frog (Rana Aurora draytonii), focused surveys for foothill yellow-legged frog (Rana boyli-) and westE;rn pond turtle (Clemmys marmorata), a USFWS/CDFG protocol-level habitat assessmernr for California tiger salamander (Ambystoma californiense), and focused surveys for special st;~tus bats, and birds. Finally, a wetland delineation and jurisdictional determination will bE~ conducted along the entire creek corridor. With exception of special status bats, the SCVWD does not have specific species information on the subject reach of Stevens Creek. Details of each of these studies are listed below, followed by Table 3, Biological Surveys and Anal~~sis Cost Proposal. 1. Biological Reconnaissance Update for Special Status Plants and Focused Plant Surveys As part of our due diligence we will conduct an additional site reconnaissance/inventory to determine the potential for special status plant: to occur within the project area. Dr. Lynne Trulio has already prepared a Biological Assessment (reconnaissance-level survey) for the project area in May 2002 (Draft Stevens Creek Ti ail Feasibility Report, Biological Assessment (May 21, 2002). TRA's new site assessment will then build on the information presented in the 2002 Biological Assessment. TRA will determine if special status plants are present within the project area and/or if habitats present could potentially support special status plants. Prior to conducting this survey, TRA will conduct a California Natural Diversity Database (CNDDB) search to determine what special statu:~ plants are known to occur within the project vicinity. Based on our knowledge of the flora in ttie project region, two special status plants are known to occur within riparian and/or grassland habitats in the vicinity include Western leatherwood (Dirca occidentalis) and Dudley's lousewort (Pedicularis dudley~). If these or other special status plants are not observed during the site reconnaissance, but suitable habitat is present, TRA will conduct focused surveys for thE:se or other potentially occurring special status plants during their respective flowering periods. V'/e have included budget for one reconnaissance site visit and three additional site visits during the blooming period of the abovementioned plants. 2. Focused Surveys for Special Status Amphibians and Reptiles Pursuant to Guidance on Site Assessment and Field Surveys for California Red-legged Frogs (USFWS 1997), TRA will conduct USFWS protocol-level focused surveys for California red-legged frog (CRLF) within the entire subject reach of Stevens Creek. Based on our experience and knowledge of the region, a Site Assessment is not proposed, as CRLF are known to occur in the vicinity of the project area. (Furthermore, based on the May 2002 Biological Assessment, the subject reach supports suitable habitat for CRLF. Surveys will be conducted between May 1 and November 1. For all aquatic habitats identified within the project area, a total of four surveys each will be conducted; two during the night and two during the day. Concurrent with these surveys, TRA will survey for foothill yellow-legged frog (FYF) and western pond turtle (WPT). Both adult FYF and WPT adults are active in aquatic systems in this region from early spring to late summer. If present they are likely to be detected during the focused California red-legged frog surveys. As stated in the 2002 Biological Assessment, "there appears to be suitable grassy, upland nesting habitat at the Simms Property, McClellan Ranch and north of McClellan Ranch." Thomas Reid Associates September 23, 2004 Stevens Creek Corridor Page 5 Biological Services and Restoration Scope of Work Therefore, based on The Western Pond Turtle: Protocol and Monitoring Plan -Final Draft (Interagency Western Pond Turtle Working Grou~~ 2001), if WPT presence has been determined in the creek corridor, potential nesting habitat should be identified and surveyed. Additional budget to conduct nesting surveys is included, sFiould the pond turtle be detected. Following completion of these surveys, we will prepare a report detailing our methods, findings and mitigation recommendations. In order to address the SCVWD's concern regarding bullfrogs (Rana catesbeiana), this report will include mitig~ition recommendations regarding long-term management of bullfrogs if they are detected in the project area, or as a preemptive measure to potential colonization. 3. California Tiger Salamander Site Assessmment TRA will conduct a site assessment for C~~lifornia tiger salamander (CTS) in accordance with the USFWS/CDFG Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of tire California Tiger Salamander (October 2003). This survey area will encompass the entire creek and riparian corridor within the project area, and associated upland areas. A site assessment, is required in order to determine the likelihood that CTS may occur within the project site and if field surveys are appropriate. This assessment will include known occurrences of CTS within 3.1 miles of the project boundaries, as per the abovementioned protocol. TRA will utilize the Cf~JDDB and contact local experts such as Mark Allabach, a local herpetologist, and Alan Launer ~~t the Center for Conservation Biology, to determine the known occurrences of CTS within i:he vicinity of the project area. The assessment will also discuss what habitats are present within the project area and within 1.24 miles of the project boundaries, pursuant to the abovementioned protocol. The site assessment will be conducted during one site visit and can be conducted at any time of the year. Once the site assessment is completed, the report will be submitted to the USFWS and CDFG for review and guidance so that these agencies can determine whether focused Presence/Negative Finding surveys are required in order to determine the potential for "take" under the Endangered Species Act. Prior to submitting this report to the USFWS/CDFG, we will meet with the City and District to report our findirn~s and our preliminary analysis. These findings and analysis will focus on the following: • whether the Restoration Plan will impact sensitive species, • whether additional surveys are warranted, and • whether contact with the these agencies i:~ necessary, as Presence/Negative Finding surveys for CTS cannot be initiated until recommended by the USFWS and CDFG. Should the USFWS/CDFG recommend protocol surveys to determine presence of California tiger salamander the following surveys are proposed:. Surveys typically recommended to determine presence or a negati~re finding consist of two components, 1. aquatic larval surveys and 2. upland habitat surveys. Aquatic surveys must take place once each month in March, April and May of any given year. Upland surveys consist of a drift fence study conducted during the fall and winter. For sites that support suitable breeding habitat for CTS, two consecutive seasons of negative larval surveys and a negative upland drift fence study in the intervening fall/winter are recommended to support a negative finding (CDFG 2003). We have not included budget to conduct ~~rotocol surveys, as we do not know the extent of potential habitat or if the regulatory agencies will request focused surveys. The Central California tiger salamander is currently a California Special Concern Species, proposed for listing as federally Threatened. It should be noted that the USFWS will make a final decision on listing the Central California tiger salamander by .July 23, 2004. The surveys recommended thus far are based on the Interim Guidelines and .are subject to change depending on the USFWS's final decision. Thomas Reid Associates September 23, 2004 Stevens Creek Corridor Biological Services and Restoration Scope of Work 4. Raptor Nesting Surveys Page 6 As stated in the May 2002 Biological Assessment, the Stevens Creek riparian corridor may provide suitable habitat for nesting raptors including hawks, falcon and owls. SCVWD biologist Doug Padley did not have information regarding nesting raptors in the subject reach of creek, and recommended that surveys for nestincl raptors, specifically owls be conducted. As stated by Mr. Padley during our telephone conversation of June 22, 2004, the Monte Bello area, southwest of the project area, is known to support many species of owls. Our preliminary research indicates that the project area is within the breeding range of one California Special Concern Species, long-eared owl (Asio otus). This research was based on correspondence with the Santa Clara Valley Audubon Society. Tf ~erefore, TRA will conduct focused surveys for this species. These surveys will consist of three nocturnal call playback surveys during the breeding season between March and late July to determine if long-eared owls are present on site. If long-eared owls respond during either survey, afollow-up day survey will be conducted to determine if long-eared owls are breeding on site. Although we will target the long-eared owl, other species of owls present will be noted as well. In order to address potential nesting of diurnal raptors (hawks and falcons), TRA will conduct one separate nesting survey during the nesting season (February -August) to determine if diurnal raptors are nesting within the riparian corridor or adjacent upland habitat. Following completion of the focused raptor surve~rs, we will prepare a report detailing our methods, findings and mitigation recommendations. 5. Special Status Bats Based on recent data collected by the SCVWD, the Stevens Creek Boulevard Bridge is known to support a night roost for special status bats, including Yuma myotis (a federal special concern species) and big brown bats. Because potentially suitable day roosting habitat is present on site, the SCVWD recommended additional surveys be conducted for the project area, including surrounding upland areas. Local bat expert Dave Johnston of H.T Harvey has observed about 20 - 30 reproductive Big Brown Bats (Eptesicus fuscus) and about 5 -10 Yuma bats (Myotis yumanensis) along Stevens Creek at Stevens Creek Boulevard. Many of these bats may roost, and therefore maintain maternity colonies, in nearby trees and/or buildings associated with the creek riparian areas in the Study reach. A night roost of about '100 plus Mexican free-tailed bats (Tadarida brasisliensis) occurs downstream [along the creek?] in Mountain View, and these bats may also visit the McClelland Ranch and Blackberry Farm ;areas. Additionally, migratory species such as the hoary bat (Lasiurus cinereus) may migrate along the creek during the fall or spring periods. Dr. Johnston will surrey for potential bat habitat within the project area. He will also conduct two night surveys each for the summer and fall months to help determine the types and numbers of species breeding, foraging, migrating through and roosting on the project site. Surreys will include mist netting and acoustic surveys. A report will be prepared that include the results of these surveys and habitat assessment for bats occurring, or potentially occurring, on the project (i.e., a description of the quality of the various potential foraging and roosting habitats onsite). Recommended mitigation measures will also be provided in the report as nc;eded. 6. Wetland Delineation and Jurisdictional Determination Thomas Reid Associates September 23, 2004 Stevens Creek Corridor Biological Services and Restoration Scope of Work Page 7 TRA will conduct a wetland delineation for the approximately one-mile subject reach of Stevens Creek. The delineation will follow US Army Corps of Engineers (USAGE). procedures for a Routine Wetland Delineation (1987 Manual). The delineation will include field work, report preparation, GPS mapping and GIS graphics. Tf~e biological report and the wetland delineation will provide primarily provide an assessment of tf're hydrological resources as background information to be used in fulfilling the regulatory requirements of CEQA and the USAGE. Following report completion and client review by the City of Cupertino and SCVWD, this report will be submitted to the USAGE to request a jurisdictional verification site visit. In addition to graphics and report preparation, this task includes budget for four days of field work: 1.] three days for preliminary delineation and 2.] one day for the verification site visit with the USAGE. Thomas Reid Associates September 23, 2004 Stevens Creek Corridor Page 8 Biological Services and Restoration Scope of Work Table 2 Biological Surveys and Analysis Cost Proposal Thomas Reid Associates Senior Senior Assoc. Assoc. CAD/GIS CAD Support TRA Assoc. III Assoc. I III II Staff I Total rate 114 85 65 58 73 58 36 1. Biological Reconnaissance Update A. Site visit and report 1 8 24 5 38 B. Focused plant surveys and 1 10 18 18 2 49 report (may be optional, depending on recon surveys) 2. Focused Amphibian 8 Reptile Surveys A. Aquatic Site visits and report 1 34 60 10 1 106 B. WPT nesting surveys and report 1 8 18 5 1 33 (may be optional, depending on recon surveys) 3. CTS Site Assessment site visit and report 2 5 25 12 1 45 4. Raptor Nesting Surveys site visits and report 1 28 43 5 1 78 5. Bat Surveys (Prepared by HT Harvey, see below) 6. Wetland Delineation Preliminary Delineation and report 2 40 24 28 40 1 135 Jurisdictional Determination site 1 7 5 3 16 visit and revisions TOTAL HOURS 9 51 132 216 45 32 15 500 TOTAL COST $1,026 $4,335 $8,580 $12,528 $3,285 $1,856 $540 $32,150 EXPENSES (mileage and copies) $1,500 TOTAL TRA COST $33,650 5. Special Status Bat Surveys (to $5,060 be performed by HT Harvey)(includes 10% markup) GRAND TOTAL $38,710 Thomas Reid Associates September 23, 2004