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11-092 Balance Hydrologics, Inc., Professional Services for Blackberry Farm Well No. 3 Investigation CITY OF P.O. # l � 7Y'1� \ ) % AGREEMENT BETWEEN CITY OF CUPERTINO AND "'- ''9 \ BALANCE HYT;iROLOGICS, INC. FOR PROFESSIONAL SERVICES FOR CUPERTINO BLACKBERRY FARM WELL NO. 3 INVESTIGATION THIS AGREEMENT is made and entered into this ( 2 TH day of SEPTt e 2 , 2011 by / J l 7 and between the City of Cupertino, a municipal corporation, hereinafter referred to as CITY V „ and Balance Hydrologics, Inc., hereinafter referred to as CONSULTANT. RECITALS WHEREAS, CITY desires to obtain professional consultant services for Blackberry Farm Well No. 3 Investigation, (hereinafter referred to as Project); and, WHEREAS, CITY requires certain professional services in connection with Project (hereinafter referred to as Services); and, WHEREAS, CONSULTANT has the necessary professional expertise, qualifications and skill to perform the Services required and is prepared to provide such Services; and, NOW, THEREFORE, the purpose of this Agreement is to retain Balance Hydrologics, Inc., as CONSULTANT to CITY to perform those Services specified in Exhibit A of this Agreement, and the parties hereby agree as follows: Section 1. Scope of Services CONSULTANT shall perform those Services specified in Exhibit A, titled "Proposal ", which is attached hereto and incorporated herein. Section 2. Term of Agreement The term of this Agreement shall commence on September 1, 2011 and continue through December 31, 2011 . In the event that the Services called for under this Agreement are not completed within the time specified, the CITY may extend the time for completion. Section 3. Schedule of Performance The Services of CONSULTANT are to be completed within the term of the agreement. Section 4. Compensation The compensation to be paid to CONSULTANT for professional Services and reimbursable expenses shall be based on Time and Material not to exceed Thirty Five Thousand Dollars and No Cents ($ 35,000.00) for Basic Services and Reimbursable Expenses. The rate of payment is set out in Exhibit B, titled "Professional Fee Schedule ", which is attached hereto and incorporated herein. Section 5. Method of Payment CONSULTANT shall furnish to 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 stating 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 Services, 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: Director of Public Works shall be representative of CITY for all purposes under this Agreement. The Park Restoration and Improvement Manager, is hereby designated as the Director of Public Works' designee and Project Manager, 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. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute CONSULTANT Project Manger for any reason, the CONSULTANT Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated CONSULTANT Project Manager shall be Mark Woyshner. Section 9. Assignability / Subconsultants / 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 subconsultant of CONSULTANT will Agreement Balance I lydrologics, Inc. 2 be recognized by CITY as such; rather, all subconsultants are deemed 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 subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant 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 subconsultant shall be discharged immediately from the work under this Agreement on demand of CITY. Section 10. Indemnification A. Claims for Professional Liability. Where the law establishes a standard of care for CONSULTANT's professional services, and to the extent the CONSULTANT breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, CONSULTANT shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless CITY and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT or CONSULTANT's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of CITY's choice, expert fees and all other costs and fees of litigation. CONSULTANT shall not be obligated under this Agreement to indemnify CITY to the extent that the damage is caused by the sole or active negligence or willful misconduct of CITY, its agents or employees. B. Claims for Other Liability. CONSULTANT shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless CITY and its officers, officials, agents, employees and volunteers against arty and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT or CONSULTANT's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of CITY's choice, expert fees and all other costs and fees of litigation. CONSULTANT shalt' not be obligated under this Agreement to indemnify CITY to the extent that the damage is caused by the sole or active negligence or willful misconduct of CITY, its agents or employees. C. Claims involving intellectual property. In addition to the obligations set forth in (A) and (B) above, CONSULTANT shall indemnify, defend, and hold CITY, its elected and appointed officers, employees, and volunteers, harmless from and against any Agreement Balance Hydrologics, Inc. 3 Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains to, or relates to CONULSTANT's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of CITY's choice, expert fees and all other costs and fees of litigation. Section 11. Insurance Requirements CONSULTANT shall furnish to CITY, within 15 days following the execution of this Agreement, the required certificates and endorsements to provide 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 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 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 one million dollars. ($1,000,000.00), combined single limit for any one occurrence. 2. Comprehensive or Commercial General Liability Insurance shall include coverage for bodily injury, property damage and personal injury for premises operations, product /completed operations and contractual liability. The amount of the insurance shall not be less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate, combined single limit. (Claims made policies are not acceptable.) CONSULTANT shall also provide aggregate limits per project endorsement and primary insurance endorsement. 3. Professional liability Insurance (including Contractual Liability) shall include coverage for claims for professional acts, errors or omissions and shall not be less than one million dollars ($'_,000,000.00) per claim, and two million dollars ($2,000,000.00) in the aggregate. This coverage shall be maintained for a period of 5 years after completion of the Agreement. Agreement Balance Hydrologics, Inc. 4 C. Additional Insurance Provisions 1. 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, subconsultants 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 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 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 CONSULTANT'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 prior written notice to CITY. 5. All policies, endorsements, certificates, and/or binders shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by CITY. 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. 7. Professional liability insurance coverage is required if CONSULTANT is providing a service regulated by the State of California or if required by CITY. 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 :he right to terminate this Agreement without cause, by giving not less than thirty (30) days prior written notice of termination. 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 Balance Hydrologics, Inc. 5 Agreement upon thirty (30) days prior written notice if CONSULTANT fails to take steps to correct such failure within the notice period. C. The Director of Public Works is authorized 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 federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. CONSULTANT shall procure the permits, certificates, and licenses necessary to allow CONSULTANT to perform the Services described in Exhibit A. 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 CITY, or as required by law. Section 17. Ownership of Materials. Any interest (including copyright interests) of CONSULTANT or its subconsultants, in studies, reports, memoranda, computational sheets, plans, plans or any other documents (including electronic media) prepared by CONSULTANT or its subconsultants at any time in connection with the Services, shall be immediately upon its creation, the property of CITY. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of CITY. In the event that it is ever determined that any work and any former works created by CONSULTANT or its subconsultants under this Agreement are not works for hire under U.S. law, CONSULTANT hereby assigns to CITY all copyrights to such works when and as created. With CITY's prior written approval, CONSULTANT may retain and use copies of such works for reference and as documentation of experience and capabilities. Electronic and hard copies of CONSULTANT's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. CITY holds CONSULTANT harmless for any reuse of or modification to the documents. Agreement Balance Hydrologics, Inc. 6 Section 18. No Waiver. The granting of any payments, and any inspections, reviews, approvals or oral statements by any CITY representative, or certification by any governmental entity, shall in no way limit CONSULTANT's obligations under this Agreement. Either party's waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive the party's right thereafter to enforce or compol strict compliance with every provision hereof. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of CITY and CONSULTANT. Section 19. CONSULTANT's Books and Records A. CONSULTANT shall maintain any and. all ledgers, books of accounts, invoices, canceled checks, and other records or documents evidencing or relating to charges for Services, or expenditures and disbursements charged to 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. B. 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. Agreement Balance Hydrologics, Inc. 7 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 conflict in any manner or degree with the performance of the Services hereunder. CONSULTANT further covenants that, in the performance of this Agreement, no subconsultant or person having such an interest shall 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 CITY 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: Gail Seeds City of Cupertino 10300 Torre Avenue Cupertino, CA 95,014 408 - 777 -1334 e -mail: gails @cupertino.org To CONSULTANT: Mark Woyshner Balance Hydrologics, Inc. 800 Bancroft Way, Suite 101 Berkeley, CA 94710-2227 510- 704 -1000 e -mail: mwoyshner@balancehydro.com Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Agreement Balance Hydrologics, Inc. 8 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 subconsultants 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, CONSULTANT may be directed to transmit information to CITY, or CITY's other Consultants, or CITY's Contractor via electronic transmission. CITY, or CITY's other Consultants, or CITY's Contractor shall not be entitled to and CITY hereby agrees not to alter or modify any such information without the express consent of CONSULTANT. Similarly, CITY, or CITY's other Consultants, or CITY's Contractor shall not use any information for any purpose not expressly covered by this Agreement. CONSULTANT shall not be responsible for any destruction or corruption of such information during or after transmission to CITY, or CITY's other Consultants, or CITY's Contractor and shall be entitled to appropriate additional compensation in the event re- transmission or re- creation is required. Notwithstanding the foregoing, CITY's 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. Dispute Resolution Any dispute related to the Services hereunder shall be resolved by the parties pursuant to applicable law. Agreement Balance Hydrologics, Inc. 9 P.O. # J7fO.S WITNESS THE EXECUTION HEREOF on the day and year first herein above written. APPROVED AS TO FORM: CITY OF CUPERTINO a municipal corporation Ci torney, Carol Korade r date///2/// Director of Public Works, Timm Borden test: , - City Clerk, Kimberly S i th k NOTARY PUBLIC CERTIFICATION 10300 Torre Avenue Cupertino, CA 95014 State of California 408- 777 -3223 County of ( A fk-C 98- CONSULTANT On _ d /_m o`7 /y jo kk , before me, Balance Hydrologics, Inc. / >) '-2 c1 y a p 0..i , Notary Public, personally appeared 5 C ute n By: who proved to me on the basis of �1 satisfactory evidence to be the person (s) whose name (8)63 / are subscribed to the within instrument and acknowledged to Date: 9 - Q a , 2011 me that(/ sly they executed the same Name: SA/A —'n) irr . C/-/ T/2/l kiA in / h-/ jir capacity (Lee ); and that b /J / their signature (s -on the Title: i'/Z 4-.- / , Cn/ 7 instrument the person (s) or the entity upon behalf of which the person (..%-)- Tax I.D. No.: c'q' . 3bR 3 lc, � acted, executed the instrument. I certify under PENALTY OF PERJURY 800 Bancroft Way, Suite 101 under the laws of the State of California Berkeley, CA 94710 -2227 that the foregoing paragraph is true and 510-704-1000 - correct. WITNESS my hand and official seal. J /�� /// Account No.: 560- 9139 -9300 ( - .410111h Q. _ v i 1 '_ nrrro . . . ' 1 . 'c Contract Amount: $ 35,000.00 Agreement STANLEY J. P RICE JR. Balance Hydrologics, Inc. 10 N , COMM. #1788306 M a * 9Q NO PUBLIC - CALIFORNIA n 2 ' , i ALAMEDA COUNTY r . � My Comm. Expires Dec. 30, 2011 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT v ,-- : • : :•,: •/: :-•,: •/: Y- : •/-•/- •/- ••/- `•/- ••/- •/.'•/: •/: a' ' P' ,-• . V •/ " ✓7,`V •/: •/- •/- `•/- `✓- ./-'.✓ ..."./ -' •: • •/-`•/;'•/-../7 y YV1 • State of California 1 y " County of SA► -ETA c-t A PA i On Sr. eP t2 1 . 20u■ before me, K Rsret- tZE*)EE SgvA -actA t NoTAl eu8LIC. , Date Here Insert Name and Title of the Officer 2� 9 J personally appeared 71 M M do-t cF i Name(s) of Signer(s) V ( 'J who proved to me on the basis of satisfactory evidence to be the person,() whose name(s)(9are l subscribed to the within instrument and acknowledged to me that he she /they executed the same in 5 hi her /their authorized capacity(ieg), and that by V is her /their signature(e) on the instrument the S perso*), or the entity upon behalf of which the person.()) acted, executed the instrument. i t KIRSTEN RENEE SOUARCIA I certify under PENALTY OF PERJURY under the '` Commission # 1906898 laws of the State of California that the foregoing �� z ^ � Notary Public - California I paragraph is true and correct. 5 ��`/V Santa Clara County • M Comm. Expires Oct 4. 2014 WITNESS my hand and official seal. s 4 — Signature: * /. - _%_ L.:... -- V Place Notary Seal Above Signature of Notary Pubic OPTIONAL. �S Though the information below is not required by law, it may prove valuable to persons relying on the document g and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document sic, se,za aM , y F,g, wa . A,o. /NveT/ 6 C Title or Type of Document: q�FeM r�r1 4 R 112 -0 Pr-esiniv -1_ S vtcfs' - gAU4k✓CE HYDA i s, ) A Document Date: See 6 E& t 2 t 2.01/ Number of Pages: k C 9 @ Signer(s) Other Than Named Above: S tf,EW M. c-14 4R 71LiFND V Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: V ❑ Corporate Officer — Title(s): 1] Corporate Officer — Title(s): C ❑ Individual RIGHT THUMBPRINT 11 Individual RIGHT THUMBPRINT ;) OF SIGNER OF SIGNER ❑ P a rt ner — ❑ L ❑ Ge Top of thumb here C] Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact 1] Attorney in Fact t ❑ Trustee 1] Trustee V ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: V V t Signer Is Representing: Signer Is Representing: © 2009 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876- 6E27) Item #5907 EXHIBIT A z PROPOSAL 800 Bancroll Way • Suite 101 Berkeley, CA 94710 -2227 • (510) 704 -1000 Balance w•ww.halancehydro,com • email; olliee(dsbaltmteehydro.cont Hyd rologics , Inc: Berkeley • Auburn • Santa Cruz • San Rafael • Truckee July 11, 2011 Mr. Terry Greene, AIA City Architect City of Cupertino 10300 Torre Avenue Cupertino, California 95014 RE: Revised proposal for assistance with well management at Blackberry Farms, City of Cupertino, California Dear Mr. Greene: Per your request, we revised our work proposal of April 26, 2011 (addressed to Mr. Andy Vossler) to include the following tasks for contract with the City of Cupertino: 1. Backgrounding and initial project meetings 2. Assistance with inspection and potential rehabilitation of Well #3 3. Assistance with selection and installation of a pump for Well #3 4. 72 -hour constant -rate pumping test of Well #3 5. Meeting(s) with SCVWD 6. Project administration City of Cupertino proposes to irrigate Blackberry Farm golf course with water well #3. The well was evaluated for irrigation suitability by Balance Hydrologics (Woyshner and Baggett, 2008), and the preliminary yield -test results estimated a maximum pumping rate for the well at 127 gallons per minute (gpm). The City proposes to pump well water to a redesigned golf course pond for short-term storage, and pump water from the pond higher rates during night hours, allowing for a full pond during daytime use of the golf course. The objectives of this scope of work are: a) to bring Well #3 to operational status, and b) to evaluate the possible effect of pumping the well on baseflow in Stevens Creek. Work Scope Task 1. Backgrounding and initial project meeting This task provides startup time for us to meet with you on site to evaluate electrical power to the well, locate the ends of the newly installed 4 -inch pipe from the well to the golf course, and discuss options for t Well #3 is located near the swinuning pool, 45 feet from the right bank of Stevens Creek, It had served as a source for Blackberry Farm Recreation Park, and was originally installed in 1944 by the Kaiser Aluminum and Chemical Corporation. The well has a 48- inch diameter casing and 30 feet deep with a 125 foot lateral casing extending southwest, 45 feet from the creek bank. Integrated Surface and Ground Water I lydrology Wetland and Channel Restoration • Wa1 i 7uality • Erosion and Sadimentation • Stonn grater and Floodplain tvlanagemenl EXHIBIT A PROPOSAL Balance Hydrologics, Inc. July 11, 2011 Mr. Terry Greene Page 2 pond and tank storage, hookup to the irrigation system, and related email /voice correspondence. Or effort included attendance at the February 10, 2011 site meeting with the City and preparation of the February 18, 2011 project summary and scope of work needed, as well as the project team meeting on March 15, 2001. This task does not include time related to the Cllarette on April 12, 2011; our effort for this design meeting was invoiced to Andy Vossler. Task 2. Assistance with inspection and rehabilitation of Well # 3 We suggest that prior to installing a pump in well #3, a video log/inspection of the well is performed for the following purposes: A to locate the entrance and evaluate the size of the lateral casing and document how it is connected to the vertical 48 -inch well; A to evaluate the condition of the perforated lateral casing for structural continuity and for the presence of any mineral encrustations or bacteriological slime that could limit the flow of groundwater into the well; A to recommend if scrub /acid - treatment is possible or necessary to rehabilitate the perforations for potentially significant benefits in well yield, efficiency, and lifespan; A to evaluate the use of the other pipes and casing in the well; A to aid in the pump choice and its placement; and A as a relatively inexpensive documentation of the well for future planning and troubleshooting. We propose to work with Welenco Water Well Technc logies for the video- logging /inspection of the well casings. Two site visits will be required. First to inspect and video -log the 4 -foot diameter, 30 feet deep, vertical casing. Most importantly, we need to see the size and where the lateral opening is located, and then get the right horizontal skid (cart) to center the camera in the lateral casing. Then return for a second visit to video -log the lateral casing. All of their equipment is steam - cleaned prior to use. Deliverables: Prior to installation of the pump in the well, a memo will be prepared describing the outcome of the video survey of the well with specifications for the pump selection and its location in the well. The memo will also include recommendations for well rehabilitation if deemed necessary. Not included in this task is scope and budget to rehabilitate the well. After video - logging the well casings, we will assess the need for cleaning/rehabilitation of the well casing. Task 3. Assistance with selection and installation of a pump in Well #3. We propose to work with Maggiora Bros. Drilling (a water well driller and pump service company) for pump selection and installation. This task includes thy e for us to consult with them regarding pump specification and time for one site visit to observe pump installation. Not included in the budget is the cost of the pump and installation. We will get a quote from Maggiora after completion of the well inspection and they see the site. Task 4. Constant -rate pumping test for 72 -hours during dry- season baseflow We will conduct a well- pumping /aquifer test during the dry- season to assess the performance of the well, the aquifer properties, and the effects of pumping well i`3 on baseflow in Stevens Creek. A 72 -hour constant -rate well pumping test is standard practice to evaluate flow and recharge properties of the well 211009 BBF well assistance scope 7 -11 -201 l.docx EXHIBIT A PROPOSAL Balance Hydrologics, Inc. July 11, 2011 Mr. Terry Greene Page 3 and aquifer. In addition, we will measure flow in the creek upstream and downstream of the well to assess any potential losses prior to, during and after pumping the well. As a means of assessing chemical similarities, we will also collect water quality samples of the well water and of the creek to compare ionic signatures (similar to Figure 4 of our well suitability report). We will install datalogging instrumentation to assist the collection of water -level data in the well and in Stevens Creek (upstream and downstream of the well) throughout the 72 hours of pumping. After well pumping stops, we will monitor recovery of the water ;level in the well for a minimum of 72- hours. We have scoped 6 field days for this effort: 1), to initiate pumping and hand - measure initial drawdown in the well; 2) on day 2 of pumping; 3) on day 3 of pumping; 4) to turn off pumping and hand - measure initial recovery of the well; and, 5) to collect drawdown recovery data and remove the datalogger equipment least 72 hours after turning off the pump. During each field day will measure flow in Stevens Creek at the upstream and downstream stations and measure depth to water in the well. We would install the datalogger equipment on a previous site visit related to Task 2, at least a week prior to the start of the pumping test to collect `background' water -level patterns. Results of this task will provide information on the aquifer from which the well draws water, information on the capture zone of the well, and effects to the creek and nearby ponds. We will analyze the data and develop initial conclusions regarding how boundary conditions are likely to affect pumping. Deliverables: Letter report describing our test, with tables and figures illustrating our hydrogeologic interpretation of well pumping, and including a water quality laboratory report of the water samples with a Piper plot and comparison with irrigation suitability standards. Task 5. Meeting(s) with SCVWD Meetings with the Santa Clara Valley Water District (SCVWD) will be needed to explain the well testing method and results, and the effects of pumping Well #:; on Stevens Creek. We have identified in this task the cost for a Balance principal (Mark Woyshner or Shawn Chartrand) to attend one 3 -hour meeting at SCVWD or City of Cupertino meeting room facilities. Task 6. Project administration and coordination with team This task simply provides time to update you and to be schedule and administer project in a way that best helps you and us regularly track schedule and budget. Anticipated Costs Our estimates of staff assignments and level of effort are shown in Table 1. Related costs are given in Tables 2 and 3. The estimated total cost for the study is shown at the bottom of Table 2. As is customary for field related jobs, we include a 10 percent contingency to the estimated total cost to give you an idea of possible extra costs. The contingency also covers markup of reimbursable costs. Although we have 2110091313F well assistance scope 7- 11- 2011.docx EXHIBIT A PROPOSAL Balance Hydrologics, Inc. July 11, 2011 Mr. Terry Greene Page 4 made our best effort to provide an accurate estimate tc you, our work is done on a time - and - expense basis, so costs could be somewhat higher or lower than these estimates. We will make out best effort to keep you informed of the budget as the job progresses Proposed Project Staff Mark Woyshner will be the project manager with assistance from Gustavo Porras (field geologist). Shawn Chartrand will be the principal -in- charge. Mr. Chartrand was the principal designer for the creek restoration project and has been the contact at Balance for the City. Registration All work will be conducted under appropriate state of California professional registration, including professional geologist and certified engineering geologist. References Woyshner, M.R., Baggett, T, 2008, Well pumping test resul ts, Blackberry Farms, City of Cupertino, Santa Clara County: Consulting letter report prepared for Ms. Rachel Keish at the City of Cupertino, December, 15, 2008, 5 p., 7 figures, 1 table, 1 appendix. Closing Please let us know if you have questions or suggestions, or if your needs and schedule differ from our assumptions, above. It is our desire to develop an appropriate work scope to meet your needs as well as the requirements of the site. Sincerely, BALANCE HYDROLOGICS, INC. Mark Woyshner Principal Hydrogeologist /Hydrologist Enclosures: Tables 1, 2 and 3 • 211009 BBF well assistance scope 7- 11- 2011.docx 304 A Exhibit B * PROFESSIONAL FEE SCHEDULE, 2011 BALANCE HYDIROLOGICS, 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 $S0 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 $0.59 mile (2WD) and $0.6: /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 rate: set by the General Services Administration (www.gsa.gov) based on location, or nearest location Io 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. Includes environmental scientists and engineers practicing, in hydrology, geology, soil and watershed sciences, and civil and erosion - control engineering. 304A 10 -11 Fee Schedule 08- 02- 11.doc