10-125 Agreement, Balance Hydrologics, Monitoring Services AGREEMENT FOR MONITORING SERVICES BETWEEN THE
CITY OF C ' RTINO AND BALANCE HYDROLOGICS
V , - 3z e t- 2- e t- 2- P.O.D /V
_
THIS A • EMENT is made and entered into this
2 0 day of December, 2010 by and
between the City of Cupertino, a municipal corporation, hereinafter referred to as CITY, and Balance
Hydrolo ics, hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, the CITY OF CUPERTINO desires to obtain professional consultant services for the
monitoring and preparation of monitoring reports for Stevens Creek Corridor Park and Creek Restoration
Phase 1; and
WHEREAS, Balance Hydrologics has the necessary professional expertise and skill to perform
the monitoring and reporting services required.
NOW, THEREFORE, the purpose of this Agreement is to retain Balance Hydrologics as
CONSULTANT TO THE CITY to perform those services specified in Exhibit A of this Agreement.
THE PARTIES HEREBY AGREE AS FOLLOWS:
Section 1. Scope of Services.
CONSULTANT shall perform those services specified in detail in Exhibit A, entitled "Scope of
Services ", which is attached hereto and incorporated herein.
Section 2. Term of Agreement.
The term of this AGREEMENT shall be commence on the date of this agreement, and continue through
• June 30 2014 inclusive, subject to the provisions of Exhibit A, of this AGREEMENT. In the event that
the services called for under this AGREEMENT are not completed within the time specified above, the
City may extend the time for completion. This iection does not preclude the recovery of damages for
delay by either party.
Section 3. Schedule of Performance.
The services of CONSULTANT are to be completed according to the schedule set out in Exhibit C,
entitled "Schedule of Performance ", which is attached hereto and incorporated herein. CONSULTANT is
not responsible for delays beyond CONSULTANT'S reasonable control.
AGREEMENT FOR MONITORING SERVICES
Section 4. Compensation.
The compensation to be paid to CONSULTANT for professional services and reimbursable expenses
shall be by task and per the Scope and Compensation exhibits attached for a sum not exceed $89,500.00
(Eighty Nine Thousand Five Hundred Dollars). The rate and schedule of payment is set out in Exhibit B,
entitled "Compensation ", which is attached hereto and incorporated herein.
Section 5. Method of Payment.
Upon completion of each task, as specified in Exhibit A, the CONSULTANT shall furnish to the 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 state as a minimum the total Contract amount, amount paid to date, percent complete, and amount
due.
Section 6. Independent Contractor.
It is understood and agreed that CONSULTANT, in the performance of the work and services agreed to
be performed by CONSULTANT, shall act as and be an independent contractor and not an agent or
employee of CITY; and as an independent contractor, CONSULTANT shall obtain no rights to retirement
benefits or other benefits which accrue to CITY'S employees, and CONSULTANT hereby expressly
waives any claim it may have to any such rights.
Section 7. No Third Party Rights.
CONSULTANT'S services under this agreement are intended for the sole benefit of CITY and shall not
create any third party rights or benefits.
Section 8. Project Coordination.
(a) CITY: The Director of Public Works shall be representative of CITY for all purposes under this
agreement. Terry W. Greene, City Architect, is hereby designated as the PROJECT MANAGER
for the City and shall supervise the progress and execution of this agreement.
(b) CONSULTANT: CONSULTANT shall assign a single CONSULTANT PROJECT
MANAGER to have overall responsibility for the progress and execution of this agreement for
CONSULTANT. Shawn Chartrand is hereby designated as the PROJECT MANAGER for
CONSULTANT. Should circumstances or conditions subsequent to the execution of this
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City of Cupertino and Balance Hydrologics
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AGREEMENT FOR MONITORING SERVICES
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 PROJECT MANAGER.
Section 9. Assignability / Sub consultants / Employees.
The parties agree that the expertise and experience of CONSULTANT are material considerations for this
Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement or the
performance of any obligations hereunder, without the prior written consent of CITY, and any attempt by
CONSULTANT to so assign this Agreement or any rights, duties, or obligations arising hereunder shall
be void and of no effect.
CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the
services of CONSULTANT hereunder. No sub consultant of CONSULTANT will be recognized by
CITY as such; rather, all sub consultants are dee]ned to be contractors of CONSULTANT, and it agrees
to be responsible for their performance. CONSULTANT shall give its collective professional attention to
the fulfillment of the provisions of this agreement by all of its employees and sub consultants, if any, and
shall keep the work under its control. If any employee or sub consultant of CONSULTANT fails or
refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly
or improper manner, such employee or sub consultant shall be discharged immediately from the work
under this agreement on demand of the PROJECT MANAGER.
Section 10. Indemnification.
CONSULTANT agrees to indemnify, defend and hold the CITY and CITY'S CONSULTANT'S,
including their owners, employees, agents, and representatives, harmless from and against any and all
claims, suits, demands, losses and expenses, including reasonable attorneys' fees, accruing or resulting or
arising out of the actual or alleged negligent, recklessness or willful misconduct during the performance
or non - performance of the CONSULTANT'S obligations under this AGREEMENT or otherwise arising
out of the CONSULTANT'S actual or alleged errors or omissions.
Such defense and indemnification shall not apply in any instance of and to the extent caused by the sole
negligence, recklessness or willful misconduct of CITY, its officers, officials, employees, volunteers,
agents or representatives.
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City of Cupertino and Balance Hydrologics
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AGREEMENT FOR MONITORING SERVICES
Section 11. Insurance Requirements.
CONSULTANT shall furnish to the CITY, within 15 days following the execution of this Agreement, the
required certificates and endorsements to provide the City satisfactory proof that Consultant has taken out
for the entire period required by this Agreement, as further described below, the following insurance and
endorsements, in a form satisfactory to City and with an insurance carrier satisfactory to City, authorized
to do business in California and rated by A. M. Best & Company "A" or better, financial category size
FSC Class VII or better or that is otherwise acceptable to the City, which will protect those described
below from claims described below which arise or are alleged to have arisen out of or result from the acts
or omissions of Consultant for which Consultant :may be legally liable, whether performed by Consultant,
or by those employed directly or indirectly by it, or by anyone for whose acts Consultant may be liable:
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. The policy shall contain an
endorsement waiving all rights of subrogation against the City, its officers, officials, employees
or volunteers. In the event Consultant is self- insured, it shall furnish Certificate of Permission to
Self - Insure signed by Department of Industrial Relations Administration of Self- Insurance, State
of California.
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 two
million dollars ($2,000,000.00), 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 two million dollars ($2,000,000.00) in the
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AGREEMENT FOR MONITORING SERVICES
aggregate. This coverage shall be maintained for a period of 5 years after completion of
the agreement.
C. Additional Insurance Provisions
1. The CITY shall have the right to inspect or obtain a copy of the original policies of insurance.
2. On Consultant's Commercial General Liability policy and Automobile Liability Policy, City
of Cupertino and their affiliates, directors, officers, officials, partners, representatives,
employees, consultants, sub consultants and agents, shall be named as additional insured, but
only with respect to 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. The certificate of insurance shall state the policy will not be cancelled without thirty (30)
days written notice to the CITY.
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.
6. If Consultant fails to maintain any required insurance, City may take out such insurance, and
deduct and retain amount of premium from any sums due Consultant under this Agreement.
Section 12. Nondiscrimination.
CONSULTANT shall not discriminate, in any way, against any person on the basis of race, sex, color,
age, religion, sexual orientation, disability, ethnicity, or national origin in connection with or related to the
performance of this Agreement.
Section 13. Termination.
A. CITY or CONSULTANT shall have the right to terminate this Agreement without cause, by
giving not less than thirty (30) days written notice of termination.
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AGREEMENT FOR MONITORING SERVICES
B. If CONSULTANT fails to perform any of its material obligations under this Agreement, in
addition to all other remedies provided by law, CITY may terminate this Agreement upon thirty
(30) days written notice if consultant fails to take steps to correct such failure within the notice
period.
C. CITY'S City Manager is empowered to terminate this Agreement on behalf of CITY.
D. In the event of termination, CONSULTANT shall deliver to CITY, copies of all reports,
documents, and other work performed by CONSULTANT under this Agreement, and upon
receipt thereof, CITY shall pay CONSULTANT for services performed and reimbursable
expenses incurred to the date of termination.
Section 14. Governing Law.
CITY and CONSULTANT agree that the law governing this Agreement shall be that of the State of
California.
Section 15. Compliance With Laws.
Consistent with its professional standard of care, CONSULTANT shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments. CONSULTANT is
required to pay prevailing wage where applicable.
Section 16. Confidential Information.
All data, documents, discussions, or other information developed or received by or for CONSULTANT in
performance of this Agreement are confidential and not to be disclosed to any person except as authorized
by the CITY, or as required by law.
Section 17. Ownership of Materials.
All reports, documents, or other material developed or discovered by CONSULTANT or any other person
engaged directly or indirectly by CONSULTANT to perform the services required hereunder shall be and
remain the property of CITY to be used solely for this PROJECT. Electronic and hard copies of
consultants work product shall constitute the project deliverables. Plans to be in CADD and PDF
formats, and other documents to be in WORD and PDF formats. The CITY holds CONSULTANT
harmless for any reuse of or modification to the documents.
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AGREEMENT FOR MONITORING SERVICES
Section 18. Waiver.
CONSULTANT agrees that waiver by CITY of any breach or violation of any term or condition of this
Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver
of any subsequent breach or violation of the sarne or any other term or condition. The acceptance by
CITY of the performance of any work or services by CONSULTANT shall not be deemed to be a waiver
of any term or condition of this Agreement.
Section 19. Consultant's Books and Records.
A. CONSULTANT shall maintain any and all ledgers, books of accounts, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged l:o CITY for a minimum period of three (3) years, or for
any longer period required by law, from the date of final payment to CONSULTANT pursuant to
this Agreement.
B. CONSULTANT shall maintain all documents and records which demonstrate performance under
this Agreement for a minimum period of three (3) years, or for any longer period required by law,
from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made
available for inspection or audit, at any time during regular business hours, upon written request
by the City Attorney, City Manager, or a designated representative of any of these officers.
Copies of such documents shall be provided to CITY for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at CONSULTANT'S address indicted for receipt of notice in this Agreement.
D. Where CITY has reason to believe that such records or documents may be lost or discarded due
to dissolution, disbandment, or termination of CONSULTANT'S business, CITY may, by
written request by any of the above -named officers, require that custody of the records be given
to CITY and that the records and documents be maintained in City Hall. Access to such records
and documents shall be granted to any party authorized by CONSULTANT, CONSULTANT'S
representatives, or CONSULTANT'S successor -in- interest.
Section 20. Interest of Consultant.
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or
indirect, financial or otherwise, which would confl ict in any manner or degree with the performance of
the services hereunder. CONSULTANT further covenants that, in the performance of this agreement, no
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AGREEMENT FOR MONITORING SERVICES
sub consultant or person having such an interest s:aall be employed. CONSULTANT certifies that no one
who has or will have any financial interest under this agreement is an officer or employee of CITY. It is
expressly agreed that, in the performance of the services hereunder, CONSULTANT shall at all times be
deemed an independent CONSULTANT and not an agent or employee of CITY.
Section 21. 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 the City of Cupertino
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. In addition to any other remedies, CITY may have in law or equity, CITY may
terminate this Agreement for such breach as provided in Section 13 of this Agreement.
Section 22. Notices.
All notices and other communications required or permitted to be given under this Agreement shall be in
writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed
to the respective parties as follows:
To CITY: Terry W. Greene, AIA
City Architect
10300 Torre Avenue
Cupertino, CA 95014
terryg @cupertino.org
408 - 777 -3354
To CONSULTANT: Shawn C:aartrand
Balance Hydrologics
800 Bancroft Way, Suite 101
Berkeley. CA 94710
schartrand @balancehydro.com
(510) 704 -1000
Notice shall be deemed effective on the data personally delivered or, if mailed, three (3) days after deposit
in the mail.
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AGREEMENT FOR MONITORING SERVICES
Section 23. Venue.
In the event that suit shall be brought by either party hereunder, the parties agree that venue shall be
exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate,
exclusively in the United States District Court for the Northern District of California, San Jose,
California.
Section 24. Agreement Binding/Prior Agreements and Amendments.
The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs,
successors, executors, administrators, assigns, and sub consultants of both parties.
This AGREEMENT, including all Exhibits attached hereto, represents the entire understanding of the
parties as to those matters contained herein. No prior oral or written understanding shall be of any force
or effect with respect to those matters covered hereunder.
This AGREEMENT may only be modified by a written amendment duly executed by the parties to this
Agreement.
Section 25. Costs and Attorneys Fees.
The prevailing party in any action brought to enforce the terms of this agreement or arising out of this
agreement may recover its reasonable costs and attorneys' fees expended in connection with such an
action from the other party.
Section 26. Electronic Transmission of Information.
From time to time, the CONSULTANT may transmit design or other information to the CITY, CITY'S
Representative, or Contractor via electronic transmission. The CITY, CITY'S Representative, or
CONTRACTOR shall not be entitled to and hereby agrees not to alter or modify any such information
without the express written consent of the CONSULTANT. Similarly, the CITY, CITY'S
Representative, and Contractor shall not use any information for any purpose not expressly covered by
this Agreement. The CONSULTANT shall not be responsible for any destruction or corruption of such
information during or after transmission to CITY, CITY'S Representative, and Contractor and shall be
entitled to appropriate additional compensation in the event retransmission or recreation is required.
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AGREEMENT FOR MONITORING SERVICES
Notwithstanding the foregoing, the Contractor may use electronically transmitted information to prepare
submittals, as -built drawings and record drawings. CONSULTANT shall not be responsible for any
changes made by the CONTRACTOR or for the CONTRACTOR'S work product.
Section 27. Job Site Safety.
In no event shall CONSULTANT be responsible for job site safety issues. Such issues shall be the
responsibility of the Construction Contractors, who shall be required by CITY to defend, indemnify, and
hold harmless CONSULTANT and CITY for such issues.
Section 28. Dispute Resolution.
Any dispute related to the services hereunder shall be resolved by the parties pursuant to applicable law.
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AGREEMENT FOR MONITORING SERVICES
P.O. (�z'S7/a/
WITNESS THE EXECUTION HEREOF on the day CITY OF CUPERTINO
and year first herein above written.
a municipal corporation
APPROVD ST F M:
,• \
, .P � By: o- -- --date 1 Z/2 �//
Cit Atlbmey, Carol Korade Director of Public Works, Timm Borden
Attest: _4/ :: tl1t /g 1
City Clerk, Kimbe ith
10300 Torre Avenue
Cupertino, CA 95014
408 - 777 -3223
CONSULTANT
Balance Hydrologics
By:
D. e: ( — , 2010
Name: � AfV
Title: 07 Pry ,rvU 2
Tax I.D.No.: 9,4- - S 09.3( / q
'3"
6 ) 4/1 / 11411
Contract Amount: $ 89,500.00
Account No.: 427 - 9112 -9300
r� ,
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City of Cupertino and Balance Hydrologics
Page 11 of 11
EXHIBIT A
SCOPE OF SERVICES
Post - construction Geomorphic and Vegetation Monitoring of
Stevens Creek Phase lA Channel Restoration: Years 3 - 5
I. Year 3 Geomorphic Monitoring
Task 1. 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 endeavor to perform these duties when we have other storm monitoring
obligations along the Peninsula at one of our other gaging stations. We would likely measure conditions
only when 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 suggest
transport initiation at roughly 75% of bankfull);
o The difference between instantaneous transport rates vs. that which was 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). A comprehensive 3 -year storm observation field log will be
included in the annual monitoring report and will highlight measured streamflow and bedload sediment
transport rates.
Task 2. Collect Other Field Monitoring Data
2a. Profile and Cross - sections Survey
We will collect longitudinal profile and cross - section data. The longitudinal profile will focus on the
relocated reach. It 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 at 8 locations to more closely
evaluate channel geometry evolution. These locations will include one section each at:
o Reach A (station 0 +85)
o Riffle C2 (station 10 +50)
o Pool C2 (station 11 +25)
o Riffle D3 (station 15 +85)
o Pool D3 (station 16 +25)
o Riffle D5 (station 18 +50)
o Pool D5 (station 18 +85)
o Downstream -most J -hook (—station 20 +75)
Exhibit A, Scope of Services
Page 1
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 year's worth of data as it is collected. Additionally, we
will continue to collect shovel core samples from riffles along the re- located reach. All cores will be
photographed with a scale in view for rapid assessment of sediment grain size distribution.
2b. Photopoints and Qualitative Assessment of Channel Stability and Habitat Conditions
We will photograph the project reach at 10 established locations in the Fall 2011. These photographs
will added to the existing years 1 and 2 panels to facilitate visual interpretation of conditions evolution.
While taking the photographs we will also conduct a qualitative assessment of channel stability
conditions and steelhead habitat conditions. We will keep a keen eye out for locations of erosion and
deposition, depth of pools and changes thereto, condition of log structures, occurrence of redds or other
signs the reach is being actively used by steelhead, etc.
Task 3. 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.
Task 4. Annual Monitoring Reporting
At the end of the monitoring season (September 30th of any given year understanding that the monitoring
season will begin on October 1s` of the previous year), Balance will oversee preparation of the annual
geomorphic and vegetative post - construction year 3 monitoring report which can be submitted to
regulatory agencies for their review and files. The report will mirror the year 1 report in terms of content
and supporting graphics and tables. When appropriate we will expand discussion of pertinent report
sections depending on post construction conditions evolution.
Task 5. Project Management
A nominal budget has been proposed to cover costs associated with project management including staff
planning and follow through evaluation.
II. Year 4 Geomorphic Monitoring
Task 1. Storm Observations of Flow and Sediment Transport
We will continue to monitor bedload sediment transport during year 4. As with previous years, 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 endeavor to perform these duties when we have other
storm monitoring obligations along the Peninsula. We likely measure conditions only when streamflow
reaches values of 100 cfs or greater. A comprehensive 4 -year storm observation field log will be
included in the annual monitoring report and will high: fight measured streamflow and bedload sediment
transport rates.
Task 2. Collect Other Field Monitoring Data
2a. Profile and Cross - sections Survey
• Not completed in year 4
Exhibit A, Scope of Services
Page 2
2b. Photopoints and Qualitative Assessment of Channel Stability and Habitat Conditions
We will photograph the project reach at 10 established locations in the Fall 2012. These photographs
will added to the existing years 1 through 3 panels to facilitate visual interpretation of conditions
evolution. While taking the photographs we will also conduct a qualitative assessment of channel
stability conditions and steelhead habitat conditions. We will keep a keen eye out for locations of
erosion and deposition, depth of pools and changes thereto, condition of log structures, occurrence of
reds or other signs the reach is being actively used by steelhead, etc.
Task 3. 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.
Task 4. Annual Monitoring Reporting
At the end of the monitoring season (September 30th of any given year understanding that the monitoring
season will begin on October 1S of the previous year), Balance will oversee preparation of the annual
geomorphic and vegetative post - construction year 4 monitoring report which can be submitted to
regulatory agencies for their review and files. The report will mirror the year 2 report in terms of content
and supporting graphics and tables. When appropriate we will expand discussion of pertinent report
sections depending on post construction conditions evolution.
III. Year 5 Geomorphic Monitoring
Task 1. Storm Observations of Flow and Sediment Transport
We will continue to monitor bedload sediment transport during year 5, the last year of required post -
construction monitoring. As with previous years, 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 storm 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. A comprehensive 5 -year storm observation field log will be
included in the annual monitoring report and will highlight measured streamflow and bedload sediment
transport rates.
Task 2. Collect Other Field Monitoring Data
2a. Profile and Cross - sections Survey
We will collect longitudinal profile and cross - section data. The longitudinal profile will focus on the
relocated reach. It 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 at 8 locations to more closely
evaluate channel geometry evolution. These locations will include one section each at:
o Reach A (station 0 +85)
o Riffle C2 (station 10 +50)
o Pool C2 (station 11 +25)
o Riffle D3 (station 15 +85)
o Pool D3 (station 16 +25)
o Riffle D5 (station 18 +50)
Exhibit A, Scope of Services
Page 3
o Pool D5 (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. Additionally, we
will continue to collect shovel core samples from riffles along the re- located reach. All cores will be
photographed with a scale in view for rapid assessment of sediment grain size distribution. We anticipate
that with the year 5 report we will quantify the net cross- sectional change at each monitoring location and
use this information to semi - quantitatively evaluate the longer project reach.
2b. Photopoints and Qualitative Assessment of Channel Stability and Habitat Conditions
We will photograph the project reach at 10 established locations in the Fall 2013. These photographs
will added to the panels for years 1 through 4 to facilitate visual interpretation of conditions evolution
through year 5. While taking the photographs we will also conduct a qualitative assessment of channel
stability conditions and steelhead habitat conditions. We will keep a keen eye out for locations of
erosion and deposition, depth of pools and changes thereto, condition of log structures, occurrence of
redds or other signs the reach is being actively used by steelhead, etc.
Task 3. 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.
Task 4. Annual Monitoring Reporting
At the end of the monitoring season (September 30th of any given year understanding that the monitoring
season will begin on October 1 s of the previous year), Balance will oversee preparation of the final
annual geomorphic and vegetative post - construction year 5 monitoring report. The report will be slightly
more comprehensive than the years 1 and 3 reports as we will evaluate the whole of the monitoring data
sets to provide comprehensive discussion of post construction project evolution through the entire
monitoring period. If issues exist into year 5, the report will provide recommendations of how to address
each issue. At the conclusion of the year 5 report, we will work with City staff to make sure the City has
received electronic copies of all files and supporting material that was used to develop the 5 years' worth
of monitoring reports.
Task 5. Project Management
A nominal budget has been proposed to cover costs associated with project management including staff
planning and follow through evaluation.
IV. Year 3 Vegetation Monitoring
Task 1. Collect Plant Transect Data Year 3
Identify species, count, assign health and vigor ratings and tabulate percent survival for 12,560
sq. ft. of vegetation in ten circle counts, one along each 75 -foot transect. Measure all trees in ten
count circles, one along each transect. Identify and count recruited native vegetation in a 5 -foot
band along each transect totaling 3,750 sq. ft. Qualitatively evaluate invasive species.
Exhibit A, Scope of Services
Page 4
Task 2. Take Monitoring Photos Annually
Photograph ten transects from established photo monitoring points.
Task 3. Prepare Monitoring Report Year 3
Prepare draft and final monitoring reports incorporating staff comments. Report to include:
a. Introduction and Background
b. Methodology
c. Data and Charts
d. Analysis and Results on Percent Survival, Tree Development, Natural Recruitment
and Invasive Species
e. Recommended Maintenance /Adaptive Management Actions
f. Photo Monitoring Results
Task 4. Annual Storm Monitoring
Conduct two storm visits to assess channel vegetation and erosion. Recommend maintenance and
winterization actions as necessary.
Task 5. Project Management
A nominal budget has been proposed to cover costs associated with project management
including subconsultant coordination and communication.
V. Year 4 Vegetation Monitoring
Task 1. Take Monitoring Photos Annually
Photograph ten transects from established photo monitoring points.
Task 2. Prepare Monitoring Report Year 4
Prepare draft and final monitoring reports incorporating staff comments. Report to include:
a. Introduction and Background
b. Methodology
c. Qualitative Assessments of Vegetation by Transect Location
d. Year 4 Maintenance Actions
e. Photo Monitoring Results
Task 3. Annual Storm Monitoring
Conduct two storm visits to assess channel vegetation and erosion. Recommend maintenance and
winterization actions as necessary.
Task 4. Project Management
A nominal budget has been proposed to cover costs associated with project management
including subconsultant coordination and communication.
Exhibit A, Scope of Services
Page 5
VI. Year 5 Vegetation Monitoring
Task 1. Collect Plant Transect Data Year 5
Identify species, count, assign health and vigor ratings and tabulate percent survival for 12,560
sq. ft. of vegetation in ten circle counts, one along each 75 -foot transect. Measure all trees in ten
count circles, one along each transect. Identify and count recruited native vegetation in a 5 -foot
band along each transect totaling 3,750 sq. ft. Qualitatively evaluate invasive species.
Task 2. Take Monitoring Photos Annually
Photograph ten transects from established photo monitoring points.
Task 3. Prepare Monitoring Report Year 5
Prepare draft and final monitoring reports incorporating staff comments. Report to include:
a. Introduction and Background
b. Methodology
c. Data and Charts
d. Analysis and Results on Percent Survival, Tree Development, Natural Recruitment
and Invasive Species
e. Recommended Maintenance /Adaptive Management Actions
f. Photo Monitoring Results
Task 4. Prepare Wetland Tracker Forms
Prepare draft and final Wetland Tracker forms and submit to the California Wetlands Portal.
Task 5. Annual Storm Monitoring
Conduct two storm visits to assess channel vegetation and erosion. Recommend maintenance and
winterization actions as necessary.
Task 6. Project Management
A nominal budget has been proposed to cover costs associated with project management
including subconsultant coordination and communication.
Exhibit A, Scope of Services
Page 6
EXHIBIT B
COMPENSATION
Post - construction Geomorphic and Vegetation Monitoring of
Stevens Creek Phase 1A Channel Restoration: Years 3 - 5
Year 3 Monitoring
Geomorphic Monitoring Year 3, Task I
Task 1. Storm Observations of Flow and Sediment Transport
Task 1 Fee estimate: 4,500
Task 2. Collect Other Field Monitoring Data
2a. Profile and Cross - sections Survey
2b. Photopoints & Qualitative Assessment of Channel Stability & Habitat Conditions
Task 2 Fee estimate: 4,850
Task 3. Annual Streambed Conditions Monitoring and Analysis
Task 3 Fee estimate: 4,700
Task 4. Annual Monitoring Reporting
Task 4 Fee estimate: 2,600
Task 5. Project Management
Task 5 Fee estimate: 500
Fee Subtotal $17,150
Vegetation Monitoring Year 3, Task IV
Task 1. Collect Plant Transect Data Year 3
Task 1 Fee estimate: 5,950
Task 2. Take Monitoring Photos Annually
Task 2 Fee estimate: 900
Task 3. Prepare Monitoring Report Year 3
Task 3 Fee estimate: 6,800
Task 4. Annual Storm Monitoring (assumes 2 visits)
Task 4 Fee estimate: 1,000
Task 5. Project Management
Task 5 Fee estimate: 500
Fee Subtotal $15,900
Markup on subconsultant work
Fee Subtotal $750
TOTAL YEAR 3 FEE: NTE $33,800 (excluding reimbursables)
♦••••••••••••••••••••••••••••••••• 4• ••••••••••••••••••••••••••••••♦
Exhibit B, Compensation
Page 1
Year 4 Monitoring
Geomorphic Monitoring Year 4, Task II
Task 1. Storm Observations of Flow and Sediment Transport
Task 1 Fee estimate: 3,900
Task 2. Collect Other Field Monitoring Data
Photopoints and Qualitative Assessment of Channel Stability and Habitat Conditions
Task 2 Fee estimate: 900
Task 3. Annual Streambed Conditions Monitoring and Analysis
Task 4. Annual Monitoring Reporting
Task 3 & 4 Fee estimate: 2,175
Fee Subtotal $6,975
Vegetation Monitoring Year 4, Task V
Task 1. Take Monitoring Photos Annually
Task 1 Fee estimate: 900
Task 2. Prepare Monitoring Report Year 4
Task 2 Fee estimate: 2,250
Task 3. Annual Storm Monitoring (assumes 2 visits)
Task 3 Fee estimate: 1,000
Task 4. Project Management
Task 4 Fee estimate: 250
Fee Subtotal $4,400
Markup on subconsultant work
Fee Subtotal $225
TOTAL YEAR 4 FEE: NTE $11,600 (excluding reimbursables)
•••••••••••••••••••••••••••••••••• 4•• •••••••••••••••••••••••••••••••
Year 5 Monitoring
Geomorphic Monitoring Year 5, Task III
Task 1. Storm Observations of Flow and Sediment Transport
Task 1 Fee estimate: 4,500
Task 2. Collect Other Field Monitoring Data
2a. Profile and Cross - sections Survey
2b. Photopoints and Qualitative Assessment o f Channel Stability and Habitat Conditions
Task 2 Fee estimate: 4,850
Exhibit B, Compensation
Page 2
Task 3. Annual Streambed Conditions Monitoring and Analysis
Task 3 Fee estimate: 4,700
Task 4. Annual Monitoring Reporting
Task 4 Fee estimate: 2,600
Task 5. Project Management
Task 5 Fee estimate: 500
Fee Subtotal $17,150
Vegetation Monitoring Year 5, Task VI
Task 1. Collect Plant Transect Data Year 5
Task 1 Fee estimate: 6,400
Task 2. Take Monitoring Photos Annually
Task 2 Fee estimate: 900
Task 3. Prepare Monitoring Report Year 5
Task 3 Fee estimate: 7750
Task 4. Prepare Wetland Tracker Forms
Task 4 Fee estimate: 450
Task 5. Annual Storm Monitoring (assumes 2 visits)
Task 5 Fee estimate: 1,000
Task 6. Project Management
Task 6 Fee estimate: 500
Fee Subtotal $17,000
Markup on subconsultant work
Fee Subtotal $850
TOTAL YEAR 5 FEE: NTE $35,000 (excluding reimbursables)
•••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••••••••••
Reimbursable Expenses
Flow and sediment measurement equipment usage fee at 50% cost break 750
incl. usage fee for velocity meters, wading rod, and Helley -Smith 6-
inch bedload sampler at $250 /year
Total Station usage fee 500
cost equivalent to $250 per survey, 1 each years 3 and 5
Mileage fees, Balance 450
(assume 300 miles /year @ 0.50 /mile x 3 years)
Sokale Reimbursable Expenses Allowance 400
TOTAL REIMBURSABLE EXPENSE ALLOWANCE: NTE $2,100
•••••••••••••••••••••••••••••••••••• •••••••••••••••••••••••••••••••
Exhibit B, Compensation
Page 3
Additional Services
TOTAL ADDITIONAL SERVICES ALLOWANCE: NTE $7,000
To be expended only upon advance City authorization, in
writing, for work outside the basic scope of services
♦••••••••••••••••••••••••••••••••••• ••••••••••••••••••••••••••••••♦
COMPENSATION SUMMARY
Year 3 Monitoring $33,800
Year 4 Monitoring $11,600
Year 5 Monitoring $35,000
Reimbursable Expenses Allowance $2, 100
Basic Services, Not to Exceed: $82,500
Additional Services Allowance: $7,000
TOTAL CONTRACT, Not to Exceed: $89,500
Exhibit B, Compensation
Page 4
304 A
Exhibit B
* PROFESSIONAL FEE SCHEDULE, 2010
BALANCE HYDROLOGICS, INC.
(Effective July 18, 2010)
Scientific and Engineering Staffs Hourly Rate
Senior Principal $185
Principal $155
Senior Professional $135
Project Professional $125
Senior Staff Professional $110
Staff Professional $100
Assistant Professional $85
Junior Professional $70
Support Staff
GIS Senior Analyst $88
GIS / CADD Specialist $80
Graphics Specialist $70
Senior Technical Researcher $75
Senior Project Administrator $70
Senior Report Specialist $70
Technical Typist $58
Hydrologic Technician $60
• Mileage will be charged at $0.55 mile (2WD) and $0.58 /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 : n hydrology, geology, soil and watershed sciences, and
civil and erosion - control engineering.
•
304A 10 -11 Fee Schedule July 18 2010.doc
EXHIBIT C
Schedule of Performance
Post - construction Geomorphic and Vegetation Monitoring of
Stevens Creek Phase 1A Channel Restoration: Years 3 - 5
Year 3 Monitoring
Geomorphic Monitoring Year 3
The following work shall be completed by September 30, 2011
Task 1. Storm Observations of Flow and Sediment Transport
Task 2. Collect Other Field Monitoring Data
2a. Profile and Cross - sections Survey
2b. Photopoints & Qualitative Assessrnent of Channel Stability & Habitat Conditions
The following work shall be completed by October 31, 2011
Task 3. Annual Streambed Conditions Monitoring and Analysis
The following work shall be completed by November 10, 2011
Task 4. Annual Monitoring Reporting — submit administrative draft report to City for review
The following work shall be completed by December 5, 2011
Task 4. Annual Monitoring Reporting — submit final report to City
Vegetation Monitoring Year 3
The following work shall be completed by September 30, 2011
Task 1. Collect Plant Transect Data Year 3
Task 2. Take Monitoring Photos Annually
Task 4. Annual Storm Monitoring
The following work shall be completed by November 10, 2011
Task 3. Prepare Monitoring Report Year 3 — submit administrative draft report to City for review
The following work shall be completed by December 5, 2011
Task 3. Prepare Monitoring Report Year 3 — submit final report to City
Exhibit C, Schedule of Performance
Page 1
Year 4 Monitoring
Geomorphic Monitoring Year 3
The following work shall be completed by September 30, 2012
Task 1. Storm Observations of Flow and Sediment Transport
Task 2. Collect Other Field Monitoring Data
Photopoints & Qualitative Assessment of Channel Stability & Habitat Conditions
The following work shall be completed by October 31, 2012
Task 3. Annual Streambed Conditions Monitoring and Analysis
The following work shall be completed by November 10, 2012
Task 4. Annual Monitoring Reporting — submit administrative draft report to City for review
The following work shall be completed by December 5, 2012
Task 4. Annual Monitoring Reporting — submit final report to City
Vegetation Monitoring Year 3
The following work shall be completed by September 30, 2012
Task 1. Take Monitoring Photos Annually
Task 3. Annual Storm Monitoring
The following work shall be completed by November 10, 2012
Task 2. Prepare Monitoring Report Year 4 — submit administrative draft report to City for review
The following work shall be completed by December 5, 2012
Task 2. Prepare Monitoring Report Year 4 — submit final report to City
Year 5 Monitoring
Geomorphic Monitoring Year 5
The following work shall be completed by September 30, 2013
Task 1. Storm Observations of Flow and Sediment Transport
Task 2. Collect Other Field Monitoring Data
2a. Profile and Cross - sections Survey
2b. Photopoints & Qualitative Assessment of Channel Stability & Habitat Conditions
The following work shall be completed by October 31, 2013
Task 3. Annual Streambed Conditions Monitoring and Analysis
Exhibit C, Schedule of Performance
Page 2
The following work shall be completed by November 10, 2013
Task 4. Annual Monitoring Reporting — submit administrative draft report to City for review
The following work shall be completed by December 5, 2013
Task 4. Annual Monitoring Reporting — submit final report to City
Vegetation Monitoring Year 5
The following work shall be completed by September 30, 2013
Task 1. Collect Plant Transect Data Year 5
Task 2. Take Monitoring Photos Annually
Task 4. Annual Storm Monitoring
The following work shall be completed by November 10, 2013
Task 3. Prepare Monitoring Report Year 3 — submit administrative draft report to City for review
The following work shall be completed by December 5, 2013
Task 3. Prepare Monitoring Report Year 3 — submit final report to City
The following work shall be completed by December 31, 2013
Task 4. Prepare Wetland Tracker Forms
Exhibit C, Schedule of Performance
Page 3