08-120 HNTBAGREEI'WENT
CITY OF CUF'ERTINO
10300 Tone Avenue
Cupertino, C,A 95014
408-777-,1200 NO. [~ :; `~ ~ (~ (1
BY THIS AGREEMENT, made and entered into this day of -J 0 ~ . 2008, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and HNTB C~~rporatlon, John Litzinger, Address 1735 Technology
Drive, Su. 600, San Jose, CA 95110, Phone: (408)451-7300; a-mail: jlitzinger@hntb.com
(Hereinafter referred as CONTRACTOR), in consideration ~~f their mutual covenants, the parties hereto. agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Stevens Creek Corridor ParK Groundwater Facilities Assessment
EXHIBITS: The following attached exhibits hereby are made ;part of this Agreement: Scope of Services, attached
TERMS: The services and/or materials famished under this Agreement shall commence on November 7, 2008
and shall be completed before April 30, 2009.
COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR:
Not to exceed of a-~,~9:A0 on a Time and pMaterial basis
/z, 34~G3. vv ~ ut-~~~~
Caiifomia Labor Code, Section 1777 requires the payment of prevailing wages to alE 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 all damage and (lability due
to negligence, errors and omissions, Induding all crosts of defending any claim, caused by or arising out of the performance of this Agnsement. City
shall not be liable for acts of Contrector in pertortning services described herein. - -
Insurance. Should the City rEquire evidence of Insurability, Contractor shall file with City a Certificate of Insurance before commendng any seMces
under this Agreement. Said Certificate shall be subject to the approval of Cttyrs Director of AdminlstratNe SeMces.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, nationaF
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 fn the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall t>e deemed to be an independent contractor and Coniradar 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 flnandai interest under this Agreement is an officer or employee of City_
Changes. This Agreement shall not tie 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.
CgNTRACT CO-ORDINATOR and representative for CITY shall be:
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`: ~ i'`' i 1'' ~`'y' tom' CITY OF CUPERTINO:
~- -
By ~., - By
Title !U ~ ~' Terry W. Greene, AIA, City Architect
Tax. LD_# ~ _"; -_
APPROVALS
EJ:PENDCfURE DISTRIBUTION
R
D / I
ATE
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V~ 4:i!7-91'12-9300. $12,360.00
CITY ERK
DATE /8
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HNTB Corporation
Groundwater Faciliities Assessment
SCOPE OF SERVICES
BackQround•
HNTB And Balance Hydrologics met with Terry. Greene on Wednesday 9/10 to investigate
two City wells at the Blackberry Farm Retreat Center, 21975 San Fernando Ave; Cupertino.
The City has three wells on the property and wee looked at wells #2 and #3 (well #1 is located
at the Stocklmeir Orchard and was not included in the field visit). Both wells appeared to be
infiltration galleries. adjacent to Stevens Creek and are located on "Map 2 Distribution
System" in Appendix B of the Irrigation Alternatives Report (HNTB, September 200.
Well #3 is located furthest upstream and had bc;en a source for the Monte Vista Water
Company prior to its purchase by the City of Cupertino. The coffer dam for the existing
channel restoration project (Phase lA) is located next to the well. Depth to water was 7.5
feet and total depth of the well approximately 2'.6 feet from ground surface (measured by
sounder/tape). The water in the well was cleaz and had a specific conductance (SC) of 500
umhos/cm @ 18 degrees C. SC of the creek was 41 O umhos/cm @ 18 degrees C. The well
was set up with several large pumps and historically when operating possibly pumped greater
than l 000 gallons per minute (gpm). It seems very likely that the well is functional at rates
proposed for temporary watering of native plantings (approximately 400,000 gallons
irrigated during the season). This is equivalent to a rate of about 3 gpm if pumped 12 hours
per day for half the year.
Regarding effects to Stevens Creek from pump=ing the well, if the stream is flowing at 3 cubic
feet per second (cfs), then a pumping rate of 3 lpm would be 0.2 percent of the stream flow,
less than the accuracy of a stream flow measurement. If the City were to pump the well at
.such a low level, then we suggest simply notifying SCVWD, as they are a sponsor the creek
restoration project. Beyond that, Barry Epstein at Fitzgerald Abbott 8z Beardsley LLP might
be helpful for water rights counsel. His phone number is 510-451-3300 and email is
bepstein@fablaw. com.
Well #2 is located downstream neaz the Snack ;ihack and pool restrooms and served as a
source for Blackberry Farms Recreation Park. 'The well is reported to have a 125 foot lateral
casing extending southwest, 50 feet from the creek bank and 30 feet deep (see Irrigation
Alternatives Report attachments). The well was previously set up to pump 300 gallons per
minute. The water in the well appeared stagnant when we looked at it. We measured a depth
to water of 12.5 feet from ground surface, a tot<<1 depth of 34 feet deep. SC was 700
umhos/cm @ 17 degrees C. .
Well #1 is located the fiirthest downstream at the Stocklmeir property orchard, and is thought
to have been damaged by earthquake in the past:. Although it was not visited at the field
reconnaissance meeting on 9/1 O, Balance was subsequently requested by the City to pump
test this well iil addition to Well #2.
GW Facilities Assessment Scope 11-12-08 Page 1 of 2 ~ Printed 11/12/2005
HIVTB Corporation
The City has arranged for Ferma to install a pump with a flow meter on Monday September
15th with intention to pump' it and discharge water to the restored channel during re-wetting.
The objective of the pumping would be
a) simply to see if the well can be p~xmped without going dry,
b} to assess a potential pumping rate for the well, and
c) assess the quality of the water pwmped from the well.
We suggest pumping the well at a reasonably high constant rate (100+ gpm) for a minimum
of 72 hours while monitoring drawdown in the well
Scope of Work:
• Balance and HNTB will attend one weld reconnaissance meeting with the City.
• Balance will install datalogging equipment in the two wells (Well #1 and Well #2) to
monitor water level and conductivity (SC).
Balance will manually measure depth to water and SC on the first day of pumping.
• Balance will provide the City with an electronic sounder to measure depth to water
each morning and afternoon-while pumping; (measurement/recording by I-IIVTB).
• After 72 hours of pumping, Balance will collect a water quality sample for general
mineral analysis and turn off the pump.
Balance/I-lTl'TB field personnel will meatsure depth to water during initial water level
recovery and leave datalogger to record for 72 hours.
Balance will provide interpretation of results and a letter report to the City within 5
working days from completion of the pump test on the two wells (or receipt of notice to
proceed, whichever is first).
• Balance and HNTB will attend one follow up meeting with the City if requested; no
additional meetings are included in this scope of work.
Deliverables:
- Data from Well #1 and Well #2 pump test attached to letter report interpreting results.
Schedule:
- Reconnaissance meeting on Wednesday 9/10, pump test beginning Monday 9/I S
through approximately 9/17
GW Pacilities flssessment Scope 11-12-08 Page 2 of 2 Printed-12/12/2008