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04-102 Balance Hydrologics, IncAGREEMENT CITY OF CIJPERTINO -~ 10300 Torre Avenue Cupertino, CA 95014 A /~ ~ (408) 777-3200 NO. ~~,~7-~ 9 Q ~J FY 04-05 BY THIS AGREEMENT made and entered into on thE: 27th day of September, 2004, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Balance Hydrologics, Inc., 841 Folger Avenue, Berkeley, CA 94710-2800 (hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the followin~~ specified services and/or materials: Conduct the geomorphologic and hydrologic analysis for the Stevens Creek Corridor project, and provide recommendations for restoration alternatives as outlined in the attached Scope of Work. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Restoration Plan Costs - Bal~~nce Hydrologics, Inc. TERMS: The services and/or materials furnished under this Agreement shall commence on 27, 2004 and shall be completed before May 27, 200:1. , COMPENSATION: For the full performance of this; Agreement, CITY shall pay CONT ACT amount not to exceed $32,286.00. ~ f` ~ ~ ~~ GENERAL TERMS AND CONDITIONS: Hold Harmless. CONTRACTOR agrees to save and hold harmless the CITY, its officers, ents, and employees from any and all damage and liability of every nature, including all costs of defen ,,-= 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 herE~in. 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~~t this Agreement is not a contract of employment in the sense that the relation of master and servant e~:ists 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 Iransferred 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 CITY 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 written above. CI CU EI~TINO• David Knapp, City Manager EXPENDITURE DISTRIBUTION DEPARTMENT H AD DA E - -- -- P,000UNT NUMBER C -- AMOUNT ''~' ~~ I ~ ?~ a1 E'o- CITY ERK DATE D-~f3-D ~~ ~q ~~ 0" ~~.~ APPROVALS Stevens Creek Corridor Restoration Plan Scope of Wark Page 1 STEVENS CREEK CORRIDOR RESTORATIOIV PLAN SCOPE OF WORK Balance Hydrologics 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:~n 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 C~u~ility Control Board, the US Fish and Wildlife Service, National Marine Fisheries Service, and possibly the US Army Corps of Engineers. This Plan will be descriptive enough to pr~~vide 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: Task 1 Assessment of Creek function/stabillity [along the entire corridor] Balance Hydrologics, tnc. (Balance) will c~~nduct an initial geomorphic reconnaissance of Stevens Creek from McClellan Road to Stevens (:reek Boulevard to qualitatively assess channel bed and bank stability, decide how to be:~t model hydraulics and inundation levels, and to inventory problem sites for later prioritization. During the field reconnaissance, existing channel structures (such as dams, concrete bank protection, and bridges) will be evaluated in terms of current hydraulic and geomorphic function. This assessment will allow the development of stream rehabilitation alternatives and assist in problem site prioritization. The field investigation will also involve estimating channel capacity at critical locations, including near the bridges and golf course, later to be refinE~d in modeling. Balance will also conduct a historical assessment of the site to connect field observations of erosion and stability with historical and/or recent land practices and development. Such an assessment will allow the isolated reach of Stevens Creek to be placed in a larger watershed context, to the extent needed for the project. We plan to utilize existing information on neighboring channels, such as Sari Tomas Aquino, Permanente and Calabazas Creeks, and other historic data for Stevens Creek, such as aerial photographs and historic topographic maps, to accomplish this task without: significant undertaking. This information will also provide the framework for Task 5, as well as assist the team in developing a rehabilitation plan that is based on a solid understanding of the historical conditions of Stevens Creek. Balance Hydrologics September 23, 2004 Stevens Creek Corridor Restoration Plan Scope of Work Page 2 Task 2 Assessment of historic and current beneficial and/or designated uses Balance will identify and describe the current and historic beneficial uses of the reach of Stevens Creek using the Basin Plan published b~/ the Regional Board, and the uses designated in various general or specific plans for this reach of the creek. The identified beneficial uses will guide rehabilitation alternatives for the site. Task 3 Hydrologic and hydraulic analyses Hof the reach It is assumed that Balance will be able to obtain a recent (within the last five years) HEC- RAS hydraulic model from the Santa Clara Vallee Water District SCVWD) for Stevens Creek that includes the project area. Balance will utilizE~ the HEC-RAS hydraulic model to identify future pedestrian bridge levels, channel velocitie:~ (needed for stability and biotechnical- suitability analyses), floodplain elevations and approximate flooding elevations at a level suited for park planning. Also, the removal of the upstream vehicular bridge crossings will be assessed using the model. It is also assumed that topography data is readily available for the project site and provided by the City. Additional survey data, if needed to refine the model, is not included in our scope. This effort does not include applying for a letter of map revision or other formal FEMA analysis. 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. Reve~~etation goals include removal of existing exotic tree canopy; replacement of existing exotic; understory and revegetation of denuded upland areas; and revegetation of degraded stre~~m banks and potential sites for bank reengineering and/or stabilization. We 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. Task 5 Soil trenching and testing Prior to any soil trenching activities, Balance will locate and utilize to the extent possible Santa Clara County Soils Survey maps, historical topographic maps and aerial photographs (Task 1) to identify former channel paths of Stevens Creek. The primary goal of this task is to prepare a soils investigation that determines whal the options are for reconfiguring the creek reach into a geomorphologically stable and "fish friendly" form. This soils investigation will also determine the best locations and feasible extent of the riparian forest rehabilitation and restoration. Based on our experience with stream rehabilitation and relocation projects, it is also useful to understand where the channel has been in the past to avoid potential bank instability at "contact" points between the new, restored channel and a historical path, where zones of weakness tend to occur. After data review and analysis of the soil surveys, aerial photographs and historical topographic maps, Balance staff will prepare a scrape to assess approximately how many soil trenches may be necessary to identify the former paths of Stevens Creek most viable in the framework of the rehabilitation project, and then decide specific trench locations on-site. This scope will determine how many physical survey points will be needed, and whether this task is a low, medium or high priority in the overall creek rehabilitation planning process. We will also identify allowed work hours and any other `ground rules' deemed needed to meet park Balance Hydrologics September 23, 2004 Stevens Creek Corridor Restoration Plan Scope of Work Page 3 requirements. After arranging for the marking o~f utilities with Underground Service Alert, we will meet on site with representatives from the City and SCVWD to discuss probable locations of the trenches, and verify that the City and SCVWD are satisfied that potential disturbance associated with trenching and sidecasting will be minimized. Soil samples may be taken in addition to soil trenching and analyzed in Balance's sediment laboratory for particle size and/or lithology such that the Stevens Creek origin can be confirmed if needed. We have included a $250 reserve in the budget for outside soil tests, if required. Two field days have been included in the budget for this task. We estimate that approximately 3 to 4 soil trenches can be characterized and cataloged in a day. Therefore, our budget allows for approximately 6 or 7 soil trenches total. We feel that this is a fairly conservative estimate based on our understanding of the project's goals and experience with the area. Task 6 Development of restoration alternatives Balance will apply information gained frorn Tasks 1 through 5 to assist TRA and Jana Sokale in developing and evaluating 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 Steven: 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 vegetation 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 ~ittractive 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 species, 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 :spread. 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 ~~f its riparian cover. Restoring the native riparian community, including trees, shrubs, and vegetative understory, will have significant benefits for steelhead and other wildlife species that 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 with 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 Hull be used both to screen alternatives, and to develop conceptual plans for the channel. Balance Hydrologics September 23, 2004 Stevens Creek Corridor Restoration Plan Scope of Work Task 7 Prepare Plan for Agency Submittal Page 4 The Restoration Plan will list the alternatives based on their immediacy (priority), effectiveness and cost, and presented to the City for review and selection. The City's selection of probable alternatives will then be included as Fart of the project description to be analyzed in the CEQA analysis. This Plan will list all types and locations for restoration opportunities, including size, width and height of biotechnical b~~nk stability projects (as necessary); all plant material, including type (tree, shrub, etc.), botanical and common names. The Final Restoration Plan will be prepared as part of the permit conditions, and will include any agency requirements that could be presented to the team based on agency feedback. Balance will produce a draft and final letter report that will discuss results from the geomorphic assessment and hydraulic modeling effort. The report will supplement the larger restoration plan and CEQA document for the Ma~~ter Plan. Task 8 Field Visit/Team meetings TRA and Balance will attend three team meetings: (1) an early field meeting in which the vision, opportunities and constraints can be presE~nted to our staff, and (2) a team meeting to discuss restoration alternatives, and (c) a meetinct with City and SCVWD staff to discuss comments on administrative draft of the Restoration Plan. Task 9 Attendance at public hearings (this task to be performed by TRA only; this is not a Balance task) Task 10 Project administration Time has been allotted for administration i:asks associated with the project for and Balance. Please see Tables 1 for a detailed breakdown of costs. Balance Hydrologics September 23, 2004 Stevens Creek Corridor Restoration Plan Scope of Work Page 5 Table 1 Restoration Plan Costs -Balance Hydrologics, Inc. Task Number and Principal Sr. Project Sr. Staff Staff Asst Graphics Sr. Rept Tech Labor Description Prof'I Prof'I Pro1'I Prof'I Prof'I Spec. Typist Costs For Task Rate $170 $135 $115 $105 $95 $85 $65 $65 $55 Task 1: Assessment of creek function and stability (includes site visit) 4 20 16 $4,140 Task 2: Assessment of historic and current beneficial and/or designated uses 1 4 $590 Task 3: Hydrologic and hydraulic analyses of the reach 1 8 4 34 $4,900 Task 4: Geomorphic assessment of riparian areas suitable for re- vegetation 6 6 $1,140 Task 5: Soil trenching and testing 3 26 8 4 4 $4,940 Task 6: Development of restoration alternatives 4 4 16 2 4 $3,430 Task 7: Prepare draft and final report 4 4 20 4 4 2 2 2 $4,410 Task 8: Team meetings (2 meetings) 12 $1,260 Task 9: Attend public hearings (when requested) 6 10 $2,070 Task 10: Project administration 4 12 $1,940 Total Hours 27 16 26 112 40 34 6 2 2 $28,820 Expenses $3,469 Total, Balance Hydrologics $32,289 Balance Hydrologics September 23, 2004