Goleta City Council
June 21, 2022

.

Agenda Item B.9

CONSENT CALENDAR
Meeting Date: June 21, 2022

TO: Mayor and Councilmembers

FROM: Charles W. Ebeling, Public Works Director

CONTACT: Maureen Gaasch, Senior Management Analyst

SUBJECT: Public Works Professional Service Agreements for Fiscal Year 2023

RECOMMENDATION:

A. Authorize the City Manager to execute Amendment No. 3 to Professional Services Agreement No. 2020-096 with COM3 Consulting, Inc., for Project Management support services, increasing the contract authority by $362,000 for a new total contract amount of $857,000, and extending the agreement termination date to June 30, 2024.

B. Authorize the City Manager to execute Amendment No. 3 to Professional Services Agreement No. 2018-079 with MNS Engineers, Inc., for Engineering Division support services, increasing the contract authority by $270,000 for a new total contract amount of $1,341,120, and extending the agreement termination date to June 30, 2023.

C. Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement No. 2021-026 with Flowers & Associates, Inc., for inspection support services, increasing the contract authority by $85,000, for a new total contract amount of $215,000, and extending the agreement termination date to June 30, 2024; and

D. Authorize the City Manager to execute a Professional Services Agreement for Traffic Engineering Services with Stantec Consulting Services Inc., in the amount of $200,000, with a termination date of June 30, 2023.

BACKGROUND:

Public Works Department staff has engaged private consultants to perform a variety of professional services for the City since incorporation in 2002. Prior to initiating an agreement for professional services, the City’s purchasing regulations in the municipal code require an open solicitation for necessary services. This is done through the Request for Proposals/Request for Qualifications (RFP/RFQ) process.

On August 8, 2019, Public Works released an RFQ to establish pre-authorized qualified consultant lists for the following various professional services:
1 Meeting Date: June 21, 2022

2  Project Management
 Engineering
 Geotechnical Engineering and Material Testing
 Traffic Engineering
 Surveying
 Landscape Design
 Environmental Planning and Permitting
 Development Review
 Construction Management
 Right-of-Way Services

Statements of Qualifications (SOQs) were received on September 5, 2019, and reviewed by staff. On December 3, 2019, City Council approved and established a pre- authorized qualified consultant list for various professional services identified above.

Public Works selected COM3 Consulting, Inc. (COM3), MNS Engineers, Inc. (MNS), Flowers & Associates, Inc. (Flowers), and Stantec Consulting Services, Inc. (Stantec) from the City’s approved pre-authorized qualified consultant list to provide various professional support services to the Engineering Division. COM3 currently provides project management support services for capital maintenance and Capital Improvement Program (CIP) projects. MNS currently provides Engineering Division support services, including review and processing of encroachment permit and land development applications, managing traffic engineering requests, and assisting on capital maintenance projects. Flowers provides on-call inspection services for encroachment permits issued by the Engineering Division. Stantec provides necessary and ongoing traffic engineering services, which include managing traffic signal operations, responding to traffic service requests and the review of development projects.

DISCUSSION:

Public Works selected and executed agreements with the following consultants from the City’s approved pre-authorized qualified consultant list to provide various professional services for the Engineering Division, COM3, MNS, Flowers, and Stantec. The information below summarizes the services being provided by each consultant, proposed amendments and agreements, justification, and recommended actions.

COM3 Agreement No. 2020-096 – Project Management Support Services

History:

The table below provides a summary of the history of the existing agreement with COM3:

2 Meeting Date: June 21, 2022

3 Contract Date
Approved
Termination
Date
Compensation
Request
Contract
Authority
Original Oct 20, 2020 June 30, 2021 $150,000 $150,000
Amendment 1 July 15, 2021 June 30, 2022 $260,000 $410,000 Amendment 2 April 5, 2022 June 30, 2022 $85,000 $495,000 Scope:

Provide project management and support services for the following programs/projects:
 Project managements services for the following projects:
o Ekwill Street and Fowler Road Extensions Project No. 9002 o Hollister Avenue Bridge Project No. 9033
o Crosswalk Pedestrian Hybrid Beacon (PHB) on Calle Real near Encina Lane Project No. 9087
o Crosswalk PHB at Calle Real/Fairview Center Project No. 9099 o Rectangular Rapid Flashing Beacons Improvements at School Crosswalks Project No. 9088
o Annual Pavement Rehabilitation Project
o Capital maintenance projects
 Development Impact Fee Program review and updates
 Goleta Disaster Debris Management Plan development and coordination with Santa Barbara County
 San Jose Creek Channel maintenance and permitting assistance

Justification/Recommendation:

COM3 has been providing project management support services to the Public Works Department over the past year to help manage the numerous capital maintenance and CIP projects. Public Works is satisfied with the professional services provided by COM3 and is recommending an amendment so COM3 can continue to provide project management services.

Public Works staff recommends approval of Amendment No. 3 to Agreement No. 2020- 096 with COM3 extending the termination date to June 30, 2024, and increasing the compensation amount by $362,000 for a new total not-to-exceed amount of $857,000. (Attachment 1).

MNS Agreement No. 2018-079 – Engineering Division Support Services

History:

The table below provides a summary of the history of the existing agreement with MNS:

3 Meeting Date: June 21, 2022

4 Contract Date
Approved
Termination
Date
Compensation
Request
Contract
Authority
Original Aug 21, 2018 June 30, 2020 $300,000 $300,000
Amendment 1 Dec. 17, 2019 Jun 30, 2021 $501,120 $801,120 Amendment 2 June 15, 2021 June 30, 2022 $270,000 $1,071,120 Scope:

Provide Engineering Division support services as described below:
 Review and help process land development projects
 Coordination with Planning Department for development related items  Review Engineering Division permit applications
 Provide plan check services for development and encroachment permit projects
 Provide field inspection/observation services
 Provide design services for capital maintenance programs and projects  Respond to Public Works Department citizen/public inquires

Justification/Recommendation:

There continues to be a significant and expanding scope of services required within the Engineering Division of the Public Works Department. The City has an existing agreement with MNS to provide Engineering Division support services to assist the Public Works Department in delivering needed engineering services for encroachment permit and development applications. The existing agreement will expire on June 30, 2022. Public Works is satisfied with the professional services provided by MNS and is recommending an amendment so MNS can continue to provide Engineering Division support services.

Public Works staff recommends approval of Amendment No. 3 to Agreement No. 2018- 079 with MNS Engineers, Inc. extending the termination date to June 30, 2023, and increasing the contract authority by $270,000 for a new total amount not-to-exceed of $1,341,120 (Attachment 2).

Flowers Agreement No. 2021-026 – On-Call Inspection Services

History:

The table below provides a summary of the history of the existing agreement with Flowers:

Contract Date
Approved
Termination
Date
Compensation
Request
Contract
Authority
Original April 20, 2021 June 30, 2021 $45,000 $45,000
Amendment 1 June 15, 2021 June 30, 2022 $85,000 $130,000 4 Meeting Date: June 21, 2022

5 Scope:

Provide on-call inspection services in conjunction with City issued encroachment permits for private construction within the public right-of-way. Services are for work scheduled outside normal City business hours. Services shall generally include on-call oversight and inspection of encroachment permits verifying adherence to local and state laws, and conformance to City standard details for construction.

Justification/Recommendation:

There continues to be a significant number of Public Works encroachment permit applications that require inspection outside of the normal City business hours. To facilitate these permits, Flowers currently provides on-call inspection services for the City. Public Works is satisfied with the professional services provided by Flowers and is recommending an amendment so Flowers can continue to provide on-call inspection services.

Public Works staff recommends approval of Amendment No. 2 to Agreement No. 2021- 026 with Flowers extending the termination date to June 30, 2024, and increasing the compensation amount by $85,000 for a new total amount not-to-exceed of $215,000 (Attachment 3).

Stantec Agreement – Traffic Engineering

The Professional Services A greement with Stantec to provide Traffic Engineering services includes the following:
 Field review of resident concerns regarding traffic
 Application of the California Manual on Uniform Traffic Control Devices (CA MUTCD), Caltrans Highway Design Manual, Caltrans and Greenbook Standard Plans and Specifications, and the American Association of State Highway and Transportation Officials (AASHTO) publications  Prepare reports/recommendation to Public Works on traffic related issues  Review of traffic impacts and circulation for development projects  Ensure compliance with CA MUTCD for Traffic Control Encroachment Permits
 Assist in the formation of the Transportation Committee  Development of Traffic Calming Policy
 Development of City/County Traffic Signal Maintenance Agreement  Develop bike lane striping enhancement
 Speed survey update for select city streets

Justification/Recommendation:

There continues to be a significant and expanding scope o f services required to be provided by the Traffic Engineering Division of Public Works for the City of Goleta.

Public Works is satisfied with the professional services provided by Stantec as an approved Professional Service provider and is recommending a new agreement that will terminate June 30, 2023. Public Works recommends approval of the Professional 5 Meeting Date: June 21, 2022

6 Services Agreement with Stantec in the amount of $ 200,000.00 with a termination date of June 30, 2023 (Attachment 4).

FISCAL IMPACTS:

There are sufficient funds in the proposed FY 2022-23 budget for the subject amendments, so no new additional appropriations are necessary for the proposed amendments. The Flowers contract amount will be billed entirely to developer deposit accounts so no City funding will be needed. The table below lists the vendors, the amended contract amounts, the funding accounts, and the proposed FY 2022-23 budget amounts.

Vendor/
Agreement No.

Amended
Contract
Amounts
Account Fund Type
FY 2022/23
Proposed
Budget
COM3/2020-096 $362,000
Professional
Services, Contract
Services and
Various CIP
accounts
General Fund, DIF,
and Measure A
Various PW
Accounts and
CIP Accounts
MNS/2018-079 $270,000 101-50-5200-51200 General Fund $490,000 Flowers/2021-
026 $85,000 Developer Deposit
Accounts
Developer Deposit
Accounts N/A
Stantec/2022-
XXX $200,000 101-50-5200-51200 General Fund $200,000

ALTERNATIVES:

The City Council may elect not to authorize one or more of these agreement amendments and direct the Public Works Department to seek statements of qualifications and proposals from additional qualified firms. Doing so could cause delays in the management and delivery of Public Works services provided by the Engineering Division and could impact the schedule and/or grant funding for capital maintenance and CIP projects.

Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager

6 Meeting Date: June 21, 2022

7 ATTACHMENTS:

1. Amendment No. 3 to Professional Services Agreement No. 2020-096 with COM3 Consulting, Inc

2. Amendment No. 3 to Professional Services Agreement No. 2018-079 with MNS Engineering, Inc.

3. Amendment No. 2 to Professional Services Agreement No. 2021-026 with Flowers & Associates, Inc.

4. Professional Service Agreement with Stantec Consulting Services, Inc.

5. COM3 Consulting, Inc. Agreement No. 2020-096 and Amendment No. 1 and 2 (available online only).

6. MNS Engineering, Inc. Agreement No. 2018-079 and Amendment No. 1 and 2 (available online only).

7. Flowers & Associates, Inc. Agreement No. 2021-026 and Amendment No. 1 (available online only).

7 ATTACHMENT 1

Amendment No. 3 to Professional Services Agreement No. 2020-096 with COM3 Consulting, Inc.

8 City of Goleta
Amendment No. 3 to Agreement No. 2020-096

AMENDMENT NO. 3
T

O A PROFESSIONAL SERVICES AGREEMENT
B

ETWEEN THE CITY OF GOLETA
AND
COM3 CONSULTING, INC
This Amendment No. 3 to the Professional Services Agreement by and between the City of Goleta , a municipal corpor ation (“City”) and COM3 Consulting, Inc. a California Corporation (“Consultant”) dated October 20, 2020 (“Agreement,” Agreement No. 2020-096) is made on this 21st day of June, 2022.

SECTION A. RECITALS

1. This Agreement is for the professi onal services for project management support for various Capital Improvement Program Projects; and

2. This Agreement has been amended to add additional compensation in the amount of $85,000 for a total not to exceed $495,000 and to add a subcontractor (Amendment No. 2); and

3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $49 5,000 (four hundred ninety-five thousand dollars); and

4. The parties desire to amend the Agreement to provide for additional compensation in the amount of $362,000 for continued tasks; and

5. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2022; and

6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2024; and

7. The Agreement currently provides in Exhibit A-1 entitled “Scope of Work” the complete and particular description of services; and

8. The parties desire to amend Exhibit A-1 by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-2"; and

9. The Agreement currently provides in Exhibit B-1 entitled “Schedule of Fees” the hourly rates; and

10. The parties desire to amend Exhibit B-1 of the Agreement to identify the new hourly rates, attached as “Exhibit B-2”; and








 






9 City of Goleta
Amendment No. 3 to Agreement No. 2020-096

11. The City Council approved this Amendment No. 3, on this 21st day of June, 2022.

SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follo ws that the Agreement be, and hereby is, amended as follows:

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized am ount of $362,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $857,000 (eight hundred fifty seven thousand dollars) (herein " not-to-exceed amount") and shall be earned as the work progresses.

2. Section 6. TERM , PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional 2 years to read in its entirety.

The term of this Agreement is from the date first written above to June 30, 2024, unless the term of this Agreement is ex tended or the Agreement is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written aut horization to proceed with t he work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.

3. This Agreement is amended to delete and replace in its entirety:

Exhibit A-1 “Scope of Work” with Exhibit A-2 “Scope of Work” attached hereto and incorporated herein.

4. This Agreement is amended to delete and replace in its entirety:

Exhibit B-1 “Schedule of Fees” with Exhibit B-2 “Schedule of Fees” attached hereto and incorporated herein.

5. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect








 






10 City of Goleta
Amendment No. 3 to Agreement No. 2020-096

In concurrence and witness whereof, this Amendment No. 3 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ __________________ ____________ Michelle Greene, City Manager Gerald Comati, President

A T T E S T :

_____________________________ ______________________________ Deborah Lopez, City Clerk Ge rald Comati, Chief Financial Officer

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney








 






11 City of Goleta
Amendment No. 3 to Agreement No. 2020-096

EXHIBIT A-2
Scope of Work

1. Development Impact Fee Program:
a. DIF application protocols.
b. DIF project cost updates.
c. Other DIF related activities.

2. 9002 - Ekwill/Fowler Extension Project
a. Provide continuous interface wit h City staff regarding project. b. As required, schedule and attend project team meetings and prepare meeting agendas and action items.
c. Follow up to ensure acti on items are complied with. d. Oversee consultants.
e. Coordinate with other agencies in cluding Caltrans, SBCAG, SB Bicycle Coalition, Resource Agencies, and County Flood Control. f. Prepare project status reports for projects as required. g. Prepare draft Staff Reports for Council Action items. h. Prepare, review and comment on any cooperative agreements necessary for projects.
i. Prepare project correspondenc e for City as required. j. Provide technical review and co mment on consultant deliverables. k. Development/maintenance of project schedules.
l. Track and monitor project costs.
m. Track and monitor project funding.
n. Maintain Project Finance plans.
o. Coordinate with Caltrans STIP funding and prepare STIP funding documentation as required.
p. Assist City Staff in preparation of grant funding claims, as necessary. q. Assist City in securing additional funding for project, as necessary. r. Prepare RFPs for CM and other profession al services, as required to continue progress of projects.
s. Attend public hearings as required.
t. Oversee right of way acquisition process.
u. Coordinate with legal re ongoi ng eminent domain actions. v. Meet with private proper ty owners as required.
w. Oversee construction bid and award process.
x. Provide construction oversight services.

3. 9033 - Hollister Avenue Bridge Project
a. Provide continuous interface with City staff regarding projects. b. Schedule and attend project team meetings and prepare meeting agendas and action items and track action items.








 






12 City of Goleta
Amendment No. 3 to Agreement No. 2020-096

c. Coordinate with other agencies in cluding Caltrans, SBCAG, SB Bicycle Coalition, Resource Agencies, and County Flood Control. d. Oversee consultants.
e. Prepare project status r eports for City including reports to Council on project status.
f. Prepare draft Staff Reports for Council Action items. g. Prepare, review and comment on any cooperative agreements necessary for projects.
h. Prepare project correspondenc e for City as required. i. Provide technical review and comment on engineering deliverables. j. Development/maintenance of project schedules.
k. Track and monitor project costs.
l. Track and monitor project funding.
m. Coordinate with Caltrans Local Assistance regarding HBP and prepare HBP funding documentations as required.
n. Ensure compliance with Federal requirements.
o. Assist City Staff in preparation of grant funding claims, as necessary. p. Assist City Staff in securing additi onal funding for project, as necessary. q. Prepare RFPs for professional services , as required to continue progress of projects.
r. Attend public hearings as required.
s. Track right of way acquisition process.
t. Coordinate with legal re/ ongoing eminent domain actions. u. Meet with private proper ty owners as required.

4. Disaster Debris Management Plan (DDMP)

a. Coordinate with Santa Barbara Count y re/ Regional and Goleta specific DDMP.
b. Coordination with City Staff re/ Goleta specific DDMP.

5. San Jose Creek Channel Fish Passage Modification Project a. Provide continuous interface wit h City staff regarding projects. b. Schedule and attend project team meetings and prepare meeting agendas and action items and track action items.
c. Coordinate with other agencies includi ng Caltrans, Resource Agencies, and County Flood Control.
d. Oversee consultants.
e. Prepare project status r eports for City including reports to Council on project status.
f. Prepare draft Staff Reports for Council Action items. g. Prepare, review and comment on any cooperative agreements necessary for projects.
h. Prepare project correspondenc e for City as required. i. Provide technical review and comment on engineering deliverables.








 






13 City of Goleta
Amendment No. 3 to Agreement No. 2020-096

j. Development/maintenance of project schedules.
k. Track and monitor project costs.
l. Track and monitor project funding.
m. Assist City Staff in securing additional funding for project, as necessary. n. Attend public hearings as required.
o. Oversee right of needs and agreements.
p. Meet with private proper ty owners as required.

6. San Jose Creek Channel Maintenance
a. Provide coordination re/ San Jose Creek Channel maintenance related projects.
b. Provide coordination with Sant a Barbara Flood Control District. c. Coordination with other consultants, as necessary.
d. Prepare project status reports for projects as required. e. Prepare project correspondenc e for City as required. f. Provide technical review and co mment on consultant deliverables. g. Development/maintenance of project schedules.
h. Track and monitor project costs.
i. Track and monitor project funding.

7. Other Projects
a. Provide continuous interface wit h City staff regarding projects. b. Attend Project meetings and prepar e meeting agendas and action items. c. Follow up to ensure ac tion items are performed.
d. Coordination with consultants.
e. Coordinate with other agencies.
f. Provide technical review and co mment on consultant deliverables. g. Development/maintenance of project schedules.
h. Prepare bid-packages.
i. Track and monitor project costs.
j. Track and monitor all funding.
k. Prepare grant funding claims as required.
l. Prepare Grant Applications.
m. Prepare RFPs for professional services, as required to continue progress of projects.

8. Project Management Assistance for Various CIP Projects a. Provide continuous interface wit h City staff regarding projects. b. Coordinate with engi neering consultants.
c. Coordinate with other agencies.
d. Provide technical review and comment of consultant deliverables. e. Development/maintenance of project schedules.
f. Prepare bid-packages.
g. Track and monitor project costs.








 






14 City of Goleta
Amendment No. 3 to Agreement No. 2020-096

h. Track and monitor project funding.
i. Prepare grant funding claims as required.
j. Prepare Grant Applications.
k. Prepare request for proposals (RFPs) for professional services, as required to continue progress of projects.
l. Assist with project bidding, resp onse to bidders’ questions, bid opening. m. Provide construction oversight services.

Consultant will provide services on the following list of CIP Projects, which may change from time to time.
x 9004 - Cathedral Oaks O/C and O/H Project – R/W transfer. x 9087 - Crosswalk PHB on Calle Real near Encina Lane.
x 9099 - Crosswalk PHB at Calle Real / Fairview Avenue. x 9115 – Public Works Corporate Yard.
x 91XX - Lake Los Carneros Footbridge.
x 91XX Evergreen Park Drainage Repair.
x 91XX Ellwood Drive Drainage Repair.
x 91XX
x 9070 Fairview Avenue Sidewalk Infill Project.
x 5800-1 - Annual Pavement Rehabilitation Projects.
x Assist with other miscellaneous projects.








 






15 City of Goleta
Amendment No. 3 to Agreement No. 2020-096

Exhibit B-2
Schedule of Fees

Name $/Hr Title

Gerald Comati 185 Project
Manager
Deborah Talarico 116 Project
Manager
Various 50 Administrative
Support








 






16 ATTACHMENT 2

Amendment No. 3 to Professional Services Agreement No. 2018-079 with MNS Engineering, Inc.

17 City of Goleta
Amendment No. 3 to Agreement No. 2018-079

AMENDMENT NO. 3
T

O A PROFESSIONAL SERVICES AGREEMENT
B

ETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.

This Amendment No. 3 to the MNS ENGINEERS, INC. Agreement by and between the City of Goleta, a municipal corporation (“City”) and MNS ENGINEERS, INC. a California Corporation, (“
Consultant”) dated August 21, 2018 (“Agreement,” Agreement No. 3) is made on this 21st day of June, 2022.

SECTION A. RECITALS

1. This Agreement is for the professional services for Public Works Engineering Division support services; and

2. This Agreement has been amended on December 17, 2019, so as to add additional compensation in
the amount of two hundred fifty thousand five
hundred and sixty dollar ($250,560) for two fiscal years, thus extending the terminatio
n date to June 30, 2021, for a total not-to-exceed amount of $801,120 and expanding the services to scope of work to include permit review and approval,
Pavement Management Program, Inspection Services and
Development Review. (“Amendment No. 1”) and on June 15, 2021, add additional compensation in the amount
of $270,000 for a total not-to-exceed
amount of $1,071,120 and extend the termination of the Agreement to June 30, 2022 (“Amendment No. 2”); and

3. The
Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed one
million seventy-one thousand one
hundred and twenty dollars ($1,071,120); and

4. The parties desire to amend the Agreem
ent so as to provide for additional
compensation in the amount of $270,000 for continued tasks; and

5. The Agreement currently provides
in Section 6 for the termination of the
Agreement on June 30, 2022; and

6. The parties desire to amend the Agreement
so as to extend the termination of
the Agreement to June 30, 2023; and

7. The City Council approved this Amendment No. 3, on this 21st day of June, 2022.









 

18 City of Goleta
Amendment No. 3 to Agreement No. 2018-079

SECTION B. AMENDED TERMS

Now therefore City and Consultant agree as follo ws that the Agreement be, and hereby is, amended as follows:

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $270,000 and to read in its entirety:

Maximum and Rate . The total compensation payable to
CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $ 1,341,120 (herein "not-to- exceed amount") and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CO NSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2023, a fter which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request) , provided the not to exceed amount is the total compensati on due CONSULTANT for all work described under this AGREEMENT

2. Section 6. TERM , PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional one year to read in its entirety.

The term of this Agreement is from the date first written above to June 30, 2023, unless the term of this Agreement is ex tended or the Agreement is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written author ization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.

3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect










 

19 City of Goleta
Amendment No. 3 to Agreement No. 2018-079

In concurrence and witness whereof, this Amendment No. 3 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ ______________________________ Michelle Greene, City Manager James A Salvito, President

A T T E S T :

_____________________________ ______________________________ Deborah Lopez, City Clerk Jeff Edwards, Vice President

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney










 

20 ATTACHMENT 3

Amendment No. 2 to Professional Services Agreement No. 2021-026 with Flowers and Associates, Inc.

21 City of Goleta
Amendment No. 2 to Agreement No. 2021-026

AMENDMENT NO. 2

TO A PROFESSIONAL SERVICES AGREEMENT
BET

WEEN THE CITY OF GOLETA
AND
FLOWERS & ASSOCIATES, INC.

This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta, a municipal corporation (“City”) and Flowers & Associates, Inc., a California Corporation (“Consultant”) dated April 20, 2021 (“Agreement,” Agreement No. 2021-026) is made on this 21st day of June, 2022.

S
ECTION A. RECITALS

1. This Agreement is for the on-call traffic control monitoring services for encroachm
ent permit traffic control; and

2. This Agreement was amended on June 15, 2021 to provide additional compensation and extend the agreement term. (Amendment No. 1.)

3. The Agreement currently
provides in Section 3 Subsection (a) for the total
compensation
amount not to exceed $130,000; and

4. The parties desire
to amend the Agreement so as to provide for additional
compensation in the amount of $85,000 for continued tasks; and

5. The Agreement currently
provides in Section 6 for the termination of the
Agreement on
June 30, 2022; and

6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to
June 30, 2024 and

7. The Agreement currently provides in Exhibit B entitled “Compensation” the hourly rates; and

8. The parties desire to amend Exhibit B of the Agreement to identify the new hourly rates, attached as “Exhibit B-1”; and

9. The City
Council approved this Amendment No. 2, on this 21st day of June, 2022.

SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:












  

22 City of Goleta
Amendment No. 2 to Agreement No. 2021-026

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $85,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $215,000 (herein "not-to-exceed amount") and shall be earned as the work progresses.

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional two years to read in its entirety.

The term of this Agreement is from the date first written above to June 30, 2024 unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.

3. This Agreement is amended to delete and replace in its entirety:

Exhibit B “Compensation” with Exhibit B-1 “Compensation” attached hereto and incorporated herein.

4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect













  

23 City of Goleta
Amendment No. 2 to Agreement No. 2021-026

In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ ______________________________ Michelle Greene, City Manager Robert A. Schmidt, P.E., Principal

A T T E S T :

_____________________________ ______________________________ Deborah Lopez, City Clerk Alan H. Chierici, Vice President

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney













  

24 City of Goleta
Amendment No. 2 to Agreement No. 2021-026

Exhibit B-1
Compensation

ENGINEERING SERVICES HOURLY RATE
Principal Engineer ....................................................................... $216.00 Associate Engineer ...................................................................... $199.00 Senior Engineer II........................................................................ $189.00 Senior Engineer 1 ........................................................................ $176.00 Drainage Engineer ....................................................................... $176.00 Qualified SWPPP Practitioner. .................................................... $176.00 Design Engineer II ....................................................................... $166.00 Water Resources Specialist ........................................................ $166.00 Project Manager .......................................................................... $166.00 Design Engineer I ........................................................................$154.00 CAD Designer ..............................................................................$140.00 CAD Technician ........................................................................... $125.00 Administrative Support ................................................................$107.00

PLANNING SERVICES
Principal Planner ......................................................................... $189.00 Associate Planner ........................................................................ $168.00 Senior Planner .............................................................................$158.00 Public Agency Coordinator ..........................................................$142.00

CONSTRUCTION PHASE SERVICES
Principal Construction Engineer .................................................. $216.00 Associate Construction Engineer ................................................ $199.00 Senior Construction Engineer ..................................................... $187.00 Resident Engineer ....................................................................... $176.00 Prevailing Wage Construction Monitor ....................................... $160.00 Prevailing Wage Construction Monitor Overtime ....................... $190.00 Prevailing Wage Construction Monitor Weekend ...................... $190.00 Construction Monitor. .................................................................. $138.00

EXPERT TESTIMONY
Expert Testimony, Deposition, Court Appearance, and research related thereto will be charged at 3.0 times the applicable hourly rate.

REIMBURSABLE EXPENSE
Plots and other expenses connected with the work will be charged at cost.













  

25 ATTACHMENT 4

Professional Services Agreement with Stantec Consulting Services for On- Call Traffic Engineering Services

26 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

Project Name: On-Call Professional Traffic Engineering Services

AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
B

ETWEEN THE CITY OF GOLETA
AND
STANTEC CONSULTING SERVICES INC.

This
AGREEMENT PROFESSIONAL DESIGN SERVICES (herein referred to as “AGREEMENT”) is made and entered into this 21st day of June, 2022, by and between the CITY OF GOLETA, a municipal corporation (herein referred to
as "CITY"), and STANTEC CONSULTING SERVICES INC., a New York Corporation (herein referred to as "CONSULTANT").

SECTION A. RECITALS

1. The CITY has a need for professional traffic engineering services; and

2. The CITY does not have the personne
l able and/or available to perform
the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional
services to accomplish this work; and

3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260.

4. The City Council, on this
21st day of June, 2022, approved this
AGREEMENT and authorized the City Manager to execute the AGREEMENT.

SECTION B. TERMS

1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT , and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2. CONSULTANT warrants it has the qualificat ions, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as-needed Professional Traffic Engineering Services, as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein. 






 






27 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $200,000 (herein "not to exceed amount") and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CO NSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2023 after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request) , provided the not to exceed amount is the total compensati on due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall pr ovide CITY with written verification of the actual compensation ear ned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5.

Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hour s worked by personnel classification).

All payments shall be made within 30 days after CITY’s approval of the invoice.

4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT.

Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement. Any compensation for extra se rvices shall be part of the total compensation and shall not increase the not to exceed amount identified in Section

3. 5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY fr om time to time, and who presently is Charlie Ebeling. Project Manager shall have the aut hority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount. 






 






28 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2023, unless term of this AGREEMEN T is extended, or the AGREEMENT is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.

7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, not es and internal memorandum), including duplication of same prepared by CONSUL TANT in the perf ormance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY . CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purpos es other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.

8. PERSONAL SERVI CES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY.

Derek Rapp is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT.

This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.

9. HOLD HARML ESS AND INDEMNITY
(a) Indemnification and Defense for Professional Service. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the CITY and any and all of its officials, employees and agents (“Indemnified Parties”) from and agains t any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as 






 






29 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settl ement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
(b) For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of CITY, for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents (“Indem nified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bod ily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY.
( c ) N o W a i v e r . ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.

10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insu rance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by CITY.

Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Co mmercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehi cles, this requirement may be satisfied by a non-owned and hir ed auto endorsement to Service Provider’s commercial general liability policy.







 






30 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

c) Workers’ C
ompensation insurance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liabi lity limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.

Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liabili ty insurance, CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the cont ract. Additional insured status under the general liability requirem ent shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additio nal insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.
c) Professional liability insurance po licies inception date, continuity date, or retroactive date must be before the effective date of this agreement.

CONSULTANT agrees to maintain continuous coverage through a period no less than three years afte r completion of the services required by this agreement.
d) Except for professional liability insurance, liability coverage shall be primary and non-contributing with any insurance maintained by CITY. e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior written notice has been given to CITY. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.







 






31 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

f) No liability insurance cove rage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or agents, from waiving the right of recovery prior to a loss.

CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to depos it with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse agains t CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance wit h these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assume s no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and t hat in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensat ion insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or pl ans. Should CONSULTA NT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.







 






32 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If term ination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual wo rk performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.

14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSUL TANT for anything done, furnished, or relating to CONSULTANT'S work or serv ices. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receip t of that check. However, approval or payment by CITY shall not constitu te, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such appr oval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its em ployees, subcontractors, agents and consultants.

15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make avail able to a representative of CITY for examination of all its re cords with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and projec t records for at least two years after termination or final payment under this AGREEMENT.

16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon t he strict performance of any of the provisions of this AGREEMEN T by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such ot her party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon 






 






33 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

such party unless made in writing by su ch party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMEN T, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.

18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMEN T shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, t he singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.

19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

20. GOVERNING LAW
This AGREEMENT, and the rights and obli gations of the parties, shall be governed and interpreted in accordance with t he laws of the State of California.

Should litigation occur, venue shall be in Superior Court of Santa Barbara County.

21. NONDISCRIMINATION
CONSULTANT shall not di scriminate on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law. 






 






34 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.

23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and wit hin an available, unexha usted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT servic es beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.

24. MODIFICATION OF AGREEMENT
The tasks described in this AGR EEMENT and all other terms of this AGREEMENT may be modified only upon mu tual written consent of CITY and CONSULTANT.

25. USE OF THE TERM “CITY”
Reference to “CITY” in this AGR EEMENT includes City Manager or any authorized representative acting on behalf of CITY.

26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licen ses, and certificates that may be required in connection with the pe rformance of services under this AGREEMENT.

27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.

28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries , agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.







 






35 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.

30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenf orceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, po stage prepaid, and addressed as follows:

TO CITY: Attention: Mi chelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Derek Rapp, Senior Principal
Stantec
200 East Carrillo Street
Santa Barbara, CA 93101

32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.







 






36 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT
_____________________________ ______ _______________________ Michelle Greene, City Manager Derek Rapp, T.E. Principal

A T T E S T
_____________________________ _____________________________ Deborah Lopez, City Clerk Hady Izadpanah,Principal
APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai,
Assistant City Attorney







 






37 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

EXHIBIT A

SCOPE OF SERVICES

CONSULTANT shall assist Public Works staff by:

x Conducting field reviews of trans portation concerns and documenting existing conditions with measurements, notes and photographs.

x Preparing reports describing observations of existing conditions and providing recommendations, justified by appliable standards, guidance and options from accepted sources, including: CAMUTCD, California Highway Design Manual, Caltrans and APWA Standard Plans and Specifications, AASHTO and NACTO publications, etc.

x Preparing City Council Reports and re sponses to members of the public.

x Presenting transportation-related item to the City Council.

x Reviewing land development submittals for traffic and safety impacts, site circulation and access issues, and traffic impact fee requirements.

x Resolving traffic signal maintenance issues contracted with the County of Santa Barbara.

x Developing traffic engineering polici es that address the needs of the community (e.g. Neighborhood Traffic Management, Intersection Sight Distance, Safe Routes to School, etc.).

x Performing other traffic engineering duties as requested by the City.








 






38 City of Goleta
Public Work Department and Stantec Consulting Services, Inc.

EXHIBIT B

SCHEDULE OF FEES







 






39 ATTACHMENT 5

Professional Services Agreement No. 2020-096 and Amendment 1 and 2 with COM3 Consulting, Inc. (Available Online Only)

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41 City of Goleta
Public Works – COM3 Consulting Inc.

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $150,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 202, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT. (b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, and descri be the work performed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.

4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of ex tra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing befo re the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in the compensation exhibit. Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section

3. 5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is James Campero.

Project Manager shall have the authority to ac t on behalf of the CITY in administering this AGREEMENT but shall not be authorize d to extend the term of the AGREEMENT or increase the not to exceed amount.






 


 







42 City of Goleta
Public Works – COM3 Consulting Inc.

6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 202, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.

7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.

8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY.

Deborah Talarico is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work.

This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City M anager’s prior written consent.

9. HOLD HARMLESS AND INDEMNITY
(a) Indemnification and Defense for Professional Service. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the CITY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilit ies, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise ou t of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT ’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percen tage of fault.

CONSULTANT’s percentage of fault shall be det ermined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination 





 


 







43 City of Goleta
Public Works ± COM3 Consulting Inc.

of the CONSULTANT ¶V SHUFHQWDJH RI IDXOWWKH SDUWLHV DJUHH WR PHGLDWLRQ Zith a third party neutral to determine the CONSULTANT ¶V SURSRUWLRQDWH SHUFHQWDJH RI IDXOW IRU purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
(b) For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of CITY, for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITYLWVRIILFLDOVHPSOR\HHVDQGDJHQWV ³,QGHPQLILHG3DUWLHV´
IURPDQG
against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY. (c) No Waiver. ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.

10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by CITY.

Insurance shall include the following (or broader) coverage:
a) Insurance Services Offic H &RPPHUFLDO /LDELOLW\ FRYHUDJH ³RFFXUUHQFH´ IRUP CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider¶VFRPPHUFLDOJHQHUDOOLDELOLW\SROLF\ c) :RUNHUV¶ &RPSHQVDWLRQ LQVXUDQFH FRPSO\LQJ ZLWK &DOLIRUQLD ZRUNHU¶V FRPSHQVDWLRQODZVLQFOXGLQJVWDWXWRU\OLPLWVIRUZRUNHUV¶FRPS HQVDWLRQDQG DQ(PSOR\HU¶V/LDELOLW\OLPLWRI0 per accident or disease. 
























 






 


 







44 City of Goleta
Public Works ± COM3 Consulting Inc.

d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.

Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect WR WKH OLPLWV RIWKH LQVXUHU¶V OLDELOLW\  &RYHUDJH ZLOO QRW EHlimited to CITY¶V vicarious liability.
c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement.

CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
d) Liability coverage shall be primary and non-contributing with any insurance maintained by CITY.
e) (YLGHQFHRIFRYHUDJH
LQFOXGLQJWKHZRUNHUV¶FRPSHQVDWLRQDQGH PSOR\HU¶V
liability policies) shall provide that coverage shall not be suspended, voided, FDQFHOHG RU UHGXFHG LQ FRYHUDJH RU LQ OLPLWV H[FHSW DIWHU  GD \V¶ SULRU written notice has been given to CITY. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. f) No liability insurance coverage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT ¶V employees, or agents, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.

























 






 


 







45 City of Goleta
Public Works ± COM3 Consulting Inc.

h) There shall be no recourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. i) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.

13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law. 
























 






 


 







46 City of Goleta
Public Works ± COM3 Consulting Inc.

14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.

15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.

16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage 
























 






 


 







47 City of Goleta
Public Works ± COM3 Consulting Inc.

or accept any financial interest in CONSULTANT'S business by any CITY employee or official.

18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.

19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Santa Barbara County.

21. NONDISCRIMINATION
CONSULTANT shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.

22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.

23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.

24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.

























 






 


 







48 City of Goleta
Public Works ± COM3 Consulting Inc.

25. 86(2)7+(7(50³CITY´
5HIHUHQFH WR ³ CITY´ LQ WKLV AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.

26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.

27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.

28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.

29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.

30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

























 






 


 







49 City of Goleta
Public Works ± COM3 Consulting Inc.

TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Gerald Comati, President
COM3 Consulting, Inc.
1943 Grand Avenue
Santa Barbara, CA 93103

32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.

In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT _____________________________ _____________________________ Michelle Greene, City Manager Gerald Comati, President

A T T E S T
_____________________________ _____________________________ Deborah Lopez, City Clerk Gerald Comati, Chief Financial Officer APPROVED AS TO FORM:

MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney





















 


 







50 City of Goleta
Public Works ± COM3 Consulting Inc.

EXHIBIT A
Scope of Work
COM3 Consulting, Inc.

October 2020
Project Management Assistance for various CIP Projects:

Consultant will provide the following services:
x Provide continuous interface with City staff regarding projects. x Coordinate with engineering consultants.
x Coordinate with other agencies.
x Provide technical review and comment of consultant deliverables. x Development/maintenance of project schedules.
x Prepare bid-packages.
x Track and monitor project costs.
x Track and monitor project funding.
x Prepare grant funding claims as required.
x Prepare Grant Applications.
x Prepare request for proposals (RFPs) for professional services, as required to continue progress of projects.
x Assist with project bidding, response to ELGGHUV¶ questions, bid opening. x Provide construction oversight services.

Consultant will provide services on the following list of CIP Projects, which may change from time to time. 
x 9070 Fairview Avenue / US 101 Intersection Sidewalk Infill ± Finalize design, advertise for construction bids, and complete construction. x 9088 RRFB Improvements at School Crosswalks ± Finalize design, advertise for construction bids, and complete construction.
x 9099 Crosswalks at Calle Real / Fairview Center ± PHB: Consultant selection, award design agreement, initiate and finalize design, advertise for construction and award a construction contract.
x Annual Pavement Rehabilitation Project: Initiate and finalize design, advertise for construction, and award a construction contract.
x Project management assistance for various CIP related items. 
























 






 


 







51 City of Goleta
Public Works ± COM3 Consulting Inc.

EXHIBIT B
Schedule of Fees
COM3 Consulting, Inc.

October 2020
Name Title $/Hr
Gerald Comati President 178
Deborah Talarico Project Manager 108
Various Administrative Support 50


























 






 


 







52 City of Goleta
Amendment No.1 to Agreement No.20-096 COM3 Consulting, Inc.

AMENDMENT NO. 1

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
COM3 CONSULTING, INC.

This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and COM3 Consulting, Inc. a California corporation (“Consultant”) dated October 20, 2020 (“Agreement,” Agreement No. 2020-096) is made on this 1st day of June, 2021.

RECITALS
WHEREAS, this Agreement is for professional services for project management support services for Capital Improvement Program Projects; and WHEREAS, the CITY has a need for continued professional able and/or available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and WHEREAS, the Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed one hundred fifty thousand ($150,000); and WHEREAS, the parties desire to amend the Agreement so as to provide for additional compensation in the amount of $260,000 for continued and additional project management tasks; and
WHEREAS, the Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2021; and

WHEREAS, the parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2022; and

WHEREAS, the Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and WHEREAS, the parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-1"; and
WHEREAS, the Agreement currently provides in Exhibit B entitled “Compensation” the hourly rates; and
WHEREAS, the parties desire to amend Exhibit B of the Agreement to identify the new hourly rates, attached as “Exhibit B-1”; and





 


 













 



 
53 City of Goleta
Amendment No.1 to Agreement No.20-096 COM3 Consulting, Inc.

WHEREAS, the City Council approved this Amendment No. 1, on this 1st day of June, 2021.

AMENDED TERMS

Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:

1. Section 3 Subsection (a). COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $260,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $410,000 (herein "not-to-exceed amount") and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2022, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional one year to read in its entirety.

The term of this Agreement is from the date first written above to June 30, 2022, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager.

3. This Agreement is amended to delete and replace in its entirety:

Exhibit A “Scope of Work” with Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.





 


 













 


54 City of Goleta
Amendment No.1 to Agreement No.20-096 COM3 Consulting, Inc.

4. This Agreement is amended to delete and replace in its entirety:

Exhibit B “Compensation” with Exhibit B-1 “Compensation” attached hereto and incorporated herein.

5. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect

In concurrence and witness whereof , this Amendment No. __ has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ ______________________________ Michelle Greene, City Manager Gerald Comati, President

A T T E S T :

_____________________________ ______________________________ Deborah Lopez, City Clerk Gerald Comati, Chief Financial Officer

APPROVED AS TO FORM:

MICHAEL JENKINS, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney






 


 














 



55 City of Goleta
Amendment No.1 to Agreement No.20-096 COM3 Consulting, Inc.

EXHIBIT A-1
Scope of Work

Consultant shall provide the following services:

1. Development Impact Fee Program:

a. DIF application protocols.
b. DIF project cost updates.
c. Other DIF related activities.

2. 9002 - Ekwill/Fowler Extension Project

a. Provide continuous interface with City staff regarding project. b. As required, schedule and attend project team meetings and prepare meeting agendas and action items.
c. Follow up to ensure action items are complied with.
d. Oversee engineering consultants.
e. Coordinate with other agencies including Caltrans, SBCAG, City of Santa Barbara, SB Bicycle Coalition, Resource Agencies, and County Flood Control. f. Prepare project status reports for projects as required. g. Prepare draft Staff Reports for Council Action items. h. Prepare, review and comment on any cooperative agreements necessary for projects.
i. Prepare project correspondence for City as required. j. Provide technical review and comment on consultant deliverables. k. Development/maintenance of project schedules.
l. Track and monitor project costs.
m. Track and monitor project funding.
n. Maintain Project Finance plans.
o. Coordinate with Caltrans STIP funding and prepare STIP funding documentation as required.
p. Assist City Staff in preparation of grant funding claims, as necessary. q. Assist City in securing additional funding for project, as necessary. r. Prepare RFP’s for CM and other professional services, as required to continue progress of projects.
s. Attend public hearings as required.
t. Oversee right of way acquisition process.
u. Coordinate eminent domain process.
v. Meet with private property owners as required.
w. Oversee construction bid and award process.
x. Provide construction oversight services.






 


 













 


56 City of Goleta
Amendment No.1 to Agreement No.20-096 COM3 Consulting, Inc.

3. 9033 - Hollister Avenue Bridge Project

a. Provide continuous interface with City staff regarding projects. b. Schedule and attend project team meetings and prepare meeting agendas and action items and track action items.
c. Coordinate with other agencies including Caltrans, SBCAG, SB Bicycle Coalition, Resource Agencies, and County Flood Control.
d. Prepare project status reports for City including reports to Council on project status. e. Prepare draft Staff Reports for Council Action items. f. Prepare, review and comment on any cooperative agreements necessary for projects.
g. Prepare project correspondence for City as required. h. Provide technical review and comment on engineering deliverables. i. Development/maintenance of project schedules.
j. Track and monitor project costs.
k. Track and monitor project funding.
l. Coordinate with Caltrans Local Assistance regarding HBP and prepare HBP funding documentations as required.
m. Ensure compliance with Federal requirements.
n. Assist City Staff in preparation of grant funding claims, as necessary. o. Assist City Staff in securing additional funding for project, as necessary. p. Prepare RFP’s for professional services, as required to continue progress of projects.
q. Attend public hearings as required.
r. Track right of way acquisition process.
s. Coordinate eminent domain process if required.
t. Meet with private property owners as required.

4. Disaster Debris Management Plan (DDMP)

a. Coordinate with Santa Barbara County re/ Regional and Goleta specific DDMP. b. Coordination with City Staff re/ Goleta specific DDMP.

5. San Jose Creek Channel

a. Provide coordination re/ San Jose Creek Channel related projects including channel maintenance and fish-passage.
b. Provide coordination with Santa Barbara Flood Control District. c. Coordination with other consultants, as necessary.
d. Prepare project status reports for projects as required. e. Prepare project correspondence for City as required. f. Provide technical review and comment on consultant deliverables. g. Development/maintenance of project schedules.
h. Track and monitor project costs.
i. Track and monitor project funding.






 


 













 


57 City of Goleta
Amendment No.1 to Agreement No.20-096 COM3 Consulting, Inc.

6. Other Projects

a. Provide continuous interface with City staff regarding projects. b. Attend Project meetings and prepare meeting agendas and action items. c. Follow up to ensure action items are performed.
d. Coordination with consultants.
e. Coordinate with other agencies.
f. Provide technical review and comment on consultant deliverables. g. Development/maintenance of project schedules.
h. Prepare bid-packages.
i. Track and monitor project costs.
j. Track and monitor all funding.
k. Prepare grant funding claims as required.
l. Prepare Grant Applications.
m. Prepare RFP’s for professional services, as required to continue progress of projects.

7. Project Management Assistance for Various CIP Projects

a. Provide continuous interface with City staff regarding projects. b. Coordinate with engineering consultants.
c. Coordinate with other agencies.
d. Provide technical review and comment of consultant deliverables. e. Development/maintenance of project schedules.
f. Prepare bid-packages.
g. Track and monitor project costs.
h. Track and monitor project funding.
i. Prepare grant funding claims as required.
j. Prepare Grant Applications.
k. Prepare request for proposals (RFPs) for professional services, as required to continue progress of projects.
l. Assist with project bidding, response to bidders’ questions, bid opening. m. Provide construction oversight services.

Consultant will provide services on the following list of CIP Projects, which may change from time to time.
x 9088 – Rectangular Rapid Flashing Beacons (RRFB) Improvements at School Crosswalks.
x 9058 Rectangular Rapid Flashing Beacons (RRFB) at Chapel/Pedestrian Hybrid Beacon (PHB) at Kingston.
x 9004 - Cathedral Oaks O/C and O/H Project.
x 9087 - Crosswalk PHB on Calle Real near Encina Lane.
x 9099 - Crosswalk PHB at Calle Real / Fairview Avenue. x 5800-1 - Annual Pavement Rehabilitation Project.
x Cathedral Oaks Road Settlement Repair (T1902).
x Dearborn Place and Armitos Avenue – Pavement Repairs. x 9114 - Lake Los Carneros Footbridge.
x 5800-1 - Engineering Pavement / Concrete Program.





 


 













 


58 City of Goleta
Amendment No.1 to Agreement No.20-096 COM3 Consulting, Inc.

x T2112 - Cathedral Oaks Road Pavement Repair and Sidewalk Replacement Project.
x Public Works Corporate Yard Repairs.
x Project management assistance for other various CIP related items. x Provide continuous interface with City staff regarding projects. x Coordinate with engineering consultants.
x Coordinate with other agencies.
x Development/maintenance of project schedules.
x Deliverable: Provide technical review and comment of consultant deliverables. x Deliverable: Prepare bid-packages.
x Deliverable: Prepare Grant Applications.






 


 













 


59 City of Goleta
Amendment No.1 to Agreement No.20-096 COM3 Consulting, Inc.

EXHIBIT B-1
Schedule of Fees

COM3 Consulting - Labor Rates

Name $/Hr Title

Gerald Comati 180 Project
Manager
Deborah Talarico 110 Project
Manager
Various 50 Administrative
Support

COM3 Consulting - Expenses

Description Unit $/Unit
Mileage Miles
Driven 0.55
Per Diem Night 120
Mail EA actual
Reproduction EA actual








 


 













 


60 City of Goleta
Amendment No. 2 to Agreement No. 2020-096

AMENDMENT NO. 2

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
COM3 CONSULTING, INC

This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and COM3 Consulting, Inc. a California corporation (“Consultant”) dated October 20, 2020 (“Agreement,” Agreement No. 2020-096) is made on this 5th day of April 2022.

SECTION A. RECITALS

1. This Agreement is for professional services for project management support services for various Capital Improvement Program Projects; and

2. This Agreement has been amended to add additional compensation in the amount of $260,000 for a total not to exceed $410,000 and extend the termination date to June 30,2022 (Amendment No. 1); and

3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $410,000 (eighty-five thousand dollars) and currently provides the termination of the agreement of June 30, 2022; and

4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $85,000 for continued tasks; and

5. This Agreement is for professional services to add a subcontractor to this amendment in Section 8 personal services/no assignments/subcontractor; and

6. The Agreement provided for the Agreement or any amendments to be executed in counterparts by facsimile or electronic mail; and

7. The City Council approved this Amendment No. 2, on this 5th day of April 2022.

SECTION B. AMENDED TERMS

Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:








 



 

DocuSign Envelope ID: 928D5EAE-6BC4-4CBF-835A-C4D7FF7846BC 2020-096.2
61 City of Goleta
Amendment No. 2 to Agreement No. 2020-096

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $85,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $495,000 (Four hundred ninety-five thousand) (herein "not- to-exceed amount") and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2022, after which any change in said rates and expenses must be approved in writing by CITY's Project
Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.

2. Section 8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR This AGREEMENT is for professional services which are personal to CITY.

Gerald Comati is deemed to be specially experienced and is a key member of CONSULTANT's firm and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent CITY and CONSULTANT agree that the following subconsultant may provide the professional services contemplated by this agreement.
x A2Z Engineers - Project Management Services

2. Except as otherwise specifically provi ded herein, all other provisions of the Agreement shall remain in full force and effect









 



 

DocuSign Envelope ID: 928D5EAE-6BC4-4CBF-835A-C4D7FF7846BC 62 City of Goleta
Amendment No. 2 to Agreement No. 2020-096

In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA
____________________________
Michelle Greene, City Manager
A T T E S T :
_____________________________
Deborah Lopez, City Clerk

CONSULTANT
______________________________
Gerald Comati, President
_____________________________
_
Gerald Comati, Chief Financial Officer
APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney








 



 

DocuSign Envelope ID: 928D5EAE-6BC4-4CBF-835A-C4D7FF7846BC 63 ATTACHMENT 6

Professional Services Agreement No. 2018-079 & Amendments 1 and 2, MNS Engineers Inc. (Online Only)

64 65
66 67
68 69
70 71
72 73
74 75
City of Goleta
Amendment No. 1 to Agreement No. 2018-079

AMENDMENT NO. 1

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.

This Amendment No. 1 to a PROFESSIONAL SERVICES AGREEMENT SERVICES by and between the City of Goleta, a municipal corporation (“City”) and MNS Engineers, Inc., a California Corporat ion dated August 21, 2018, (“Agreement,” Agreement No. 2018-079) is made this 17th day of December, 2019.

RECITALS
WHEREAS, the CITY has a need for professional services for the Public Works Engineering Division Land Development Review Services Project; and WHEREAS, on August 21, 2018, the parties entered into an agreement for a total not-to-exceed amount of $300,000 and a termination date of June 30, 2020,; and WHEREAS, the Agreement between City and Consultant currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed three hundred thousand dollars ($300,000) and a termination date of June 30, 2020; and WHEREAS, the parties desire to amend the Ag reement so as to provide for additional compensation in the amount of two hundred fifty thousand five hundred and sixty dollar ($250,560) for Fiscal Year 201 9/20 and by an additional two hundred fifty thousand five hundred and sixty dollar ($250,560) for Fiscal Year 2020/21, a total increase amount of $501,120, for a total c ontract not-to-exceed amount of $801,120 for continued tasks in conjunction with the Land Development Review Services; and WHEREAS, the Agreement between City and Cons ultant currently provides in Section 6 for the termination of the Agreement on June 30, 2020; and

WHEREAS, the parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2021; and

WHEREAS, the Agreement between City and Cons ultant currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services as set forth for Consultant; and
WHEREAS, the parties desire to amend Exhibi t A of the Agreement by adding additional services for pe rmit review and approval, Pavement Management Program, Inspection Services, and Development Review, as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-1"; and

DocuSign Envelope ID: 41CBB4D4-54C3-448A-8849-14717FD53142 2018-079.1
76 City of Goleta
Amendment No. 1 to Agreement No. 2018-079

WHEREAS, the City Council approved this Amendment No. 1, on this 17th day of December, 2019.

AMENDED TERMS

Now therefore City and Consultant agree as follo ws that the Agreement be, and hereby is, amended as follows:

1. Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $250,560 for Fiscal Year 2019/20 and by an additional $250,560 for Fiscal Year 2020/21, a total increase amount of $501,120 and to read in its entirety:
(a) Maximum and Rate . The total compensati on payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $801,120 (herein "not to exceed amount "), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2021, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensat ion due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Sect ion 5. Invoices shall be made no more frequently than on a mont hly basis, and describe the work performed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.

2. Section 6. TERM , PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional six months to read in its entirety.

The term of this Agreement is from the date first written above to December 31, 2020, unless the term of this Agreement is ext ended or the Agreement is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written aut horization to proceed with t he work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.

DocuSign Envelope ID: 41CBB4D4-54C3-448A-8849-14717FD53142 77 DocuSign Envelope ID: 41CBB4D4-54C3-448A-8849-14717FD53142 78 DocuSign Envelope ID: 41CBB4D4-54C3-448A-8849-14717FD53142 79 DocuSign Envelope ID: 41CBB4D4-54C3-448A-8849-14717FD53142 80 DocuSign Envelope ID: 41CBB4D4-54C3-448A-8849-14717FD53142 81 City of Goleta
Amendment No. 2 to Agreement No. 2018-079 MNS Engineers, Inc.

AMENDMENT NO. 2

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.

This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and MNS Engineers, Inc., (“Consultant”) dated August 21, 2018 (“Agreement,” Agreement No. 2018-079) is made on this 15th day of June, 2021.

RECITALS
WHEREAS, this Agreement is for the professional services for Public Works Engineering Division support services; and
WHEREAS, on August 21, 2018, the parties entered into an agreement for a total not-to-exceed amount of $300,000 and a termination date of June 30, 2020; and

WHEREAS, on December 17, 2019, the Agreement was amended to add additional compensations in the amount of two hundred fifty thousand five hundred and sixty dollar ($250,560) for two fiscal years, thus extending the termination date to June 30, 2021 and expanding the services to scope of work to include permit review and approval, Pavement Management Program, Inspection Services and Development Review. (“Amendment No.1”); and
WHEREAS, the Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed eight hundred one thousand one hundred twenty dollar ($801,120); and
WHEREAS, the parties desire to amend the Agreement so as to provide for additional compensation in the amount of $270,000 for continued tasks; and WHEREAS, the Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2021; and

WHEREAS, the parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2022; and

WHEREAS, the Agreement currently provides in Exhibit A -1 entitled “Scope of Work” the complete and particular description of services; and WHEREAS, the parties desire to amend Exhibit A-1 by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-2"; and
DocuSign Envelope ID: 8385B1AD-9F83-4072-8940-535AEDBF250A DocuSign Envelope ID: E519A814-4A3B-424C-8F6A-1A4FA118553F 2018-079-2
82 City of Goleta
Amendment No. 2 to Agreement No. 2018-079 MNS Engineers, Inc.

WHEREAS, the City Council approved this Amendment No.2, on this 15th day of June, 2021.

AMENDED TERMS

Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:

1. S ubsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $270,560 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $1,071,120 (herein "not-to-exceed amount") and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2022, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional one year to read in its entirety.

The term of this Agreement is from the date first written above to June 30, 2022, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.

3. This Agreement is amended to delete and replace in its entirety:

Exhibit A-1 “Scope of Work” with Exhibit A-2 “Scope of Work” attached hereto and incorporated herein.

DocuSign Envelope ID: 8385B1AD-9F83-4072-8940-535AEDBF250A DocuSign Envelope ID: E519A814-4A3B-424C-8F6A-1A4FA118553F 83 City of Goleta
Amendment No. 2 to Agreement No. 2018-079 MNS Engineers, Inc.

4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect

In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ ______________________________ Michelle Greene, City Manager James A Salvito, President

ATTEST:

_____________________________ ______________________________ Deborah Lopez, City Clerk Jeff Edwards, Vice President

APPROVED AS TO FORM:

MICHAEL JENKINS, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney

DocuSign Envelope ID: 8385B1AD-9F83-4072-8940-535AEDBF250A DocuSign Envelope ID: E519A814-4A3B-424C-8F6A-1A4FA118553F 84 City of Goleta
Amendment No. 2 to Agreement No. 2018-079 MNS Engineers, Inc.

EXHIBIT A-2

SCOPE OF WORK

CONSULTANT shall provide the City with professional engineering and surveying services to assist the Public Works Department with land development review, review of encroachment permits applications and plans, review of traffic engineering related items, field inspection, and development and review of capital maintenance projects. CONSULTANT shall work to protect the interests of the City and to provide the highest quality services possible for the City.

CONSULTANT is a qualified professional capable of providing the services listed below to the City. Scope elements include:

• Review land development projects (land use permit projects). Provide application completeness comments, conditions of approval and attend Public Works Department staff meetings for coordination.
• Coordinate with the Planning and Environmental Review Department on land development projects.
• Review engineering permit applications for the Public Works Department. Verify completeness and adherence to Public Works requirements. • Provide plan check services for development and encroachment permit projects. • Storm drain, sewer and water system design, as needed. • Provide design services as needed for capital maintenance programs and projects. • Provide inspection and field observation services as needed for development and encroachment permit projects.
• Provide engineering support services for Flood Plain Manager related items. • Ass ist the City with establishing and/or modifying Public Works Department policies and procedures.
• Coordinate with the City Manager’s Office and/or City Attorney Departments as it relates to Public Works Department items, including traffic engineering, development and encroachment permit projects.
• Respond to Public Works Department citizen inquires.

Deliverables:
• Provide plan check comments electronically on land development and encroachment permit projects and file in the Public Works Department electronic filing system.

DocuSign Envelope ID: 8385B1AD-9F83-4072-8940-535AEDBF250A DocuSign Envelope ID: E519A814-4A3B-424C-8F6A-1A4FA118553F 85 City of Goleta
Amendment No. 2 to Agreement No. 2018-079 MNS Engineers, Inc.

• Provide application completeness memos for land development projects within the deadline specified and file in the Public Works Department electronic filing system. • Provide Public Works conditions of approval (COA) for land development projects within the deadline specified and file in the Public Works Department electronic filing system. • Attend Planning and Environmental Review Department coordination meetings and draft and file meeting minutes.
• Develop and/or review design plans and specifications for capital maintenance projects. • Provide memos as needed as it relates to Engineering Division related items. • Provide Public Works Department inspection services and provide inspector daily logs of work activities.

DocuSign Envelope ID: 8385B1AD-9F83-4072-8940-535AEDBF250A DocuSign Envelope ID: E519A814-4A3B-424C-8F6A-1A4FA118553F 86 ATTACHMENT 7

Flowers & Associates, Inc. Agreement No. 2021-026 and
Amendment No. 1 (Online Only)

87 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

Project Name: On-Call Traffic Control Monitoring Services

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF GOLETA
AND
FLOWERS & ASSOCIATES, INC.

This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ___ day of April, 2021, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and Flowers & Associates, a civil engineering, planning, and construction engineering corporation (herein referred to as "CONSULTANT").

WHEREAS, the CITY has a need for professional on-call traffic control monitoring services for encroachment permit traffic control.; and WHEREAS, the CITY does not have the personnel able and/or available to perform the services required under this AGREEMENT, and therefo re, the CITY desires to contract for professi
onal services to accomplish this work; and
WHEREAS, the CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260 by means of a formal request fo
r proposal/qualifications process; and
WH
EREAS, the City Manager approved this AGREEMENT pursuant to Goleta Municipal Code section 3.05.070.

CITY and CONSULTANT agree as follows:

1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts s uch engagement, to perform the services described in Section 2. CONSULTANT warrants it has the qualifications, experienc e, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:

Professional Services on-call in spection services in conjunctio ns with City issued encroachment permits for private construction within the public right-of-way. Services are for work scheduled outside normal C ity business hours. Services shall generally include on-call overs ight and inspection of encroachment permits adherence to local and state laws, and conformance to City standard details for construction, as m ore DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 20 2021-026
88 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein. CONSULTANT shall deliver to CITY the deli verables defined in Exhibit “A.”

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $45,000. (herein "not to exceed amount"), and shall be earned a s the work progresses on the following basis:

Hourly at the hourly rates and wi th reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and e xpenses set forth in that exhibit shall be binding upon CONSULTANT unti l June 30, 2021 after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in S ection 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTA NT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, and describe the work perfo rmed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.

4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra servi ces, not reasonably included within the serv ices described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSU LTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra ser vices or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in the compensation exhibit. Any compensation for extra servic es shall be part of the total compensation and shall not increase the not to exceed amount identified in Section

3. 5. CITY PROJECT MANAGE R AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who present ly is Melissa Angeles, Project Manager shall have the aut hority to act on behalf of th e CITY in administering DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 89 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

this AGREEMENT but shall not be authorized to extend the term o f the AGREEMENT or increase the not to exceed amount.

6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2021 unless term of this AGREEMENT is extended, or the AGREEMEN T is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be perfor med until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager. All services shall be completed by June 30, 2021 and i ncorporated here in as "on-call inspection services."

7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), inclu ding duplication of same prepared by CONSULTANT in the performance of these service s , a r e t h e property of CITY. CITY shall be entitled to immediate possessi on of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless fro m all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless w ritten authorization of CONSULTANT is first obtained.

8. PERSONAL SERVICES/NO A SSIGNMENT/SUBCONTRACTOR
T h i s A G R E E M E N T i s f o r p r o f e s s i o n a l s e r v i c e s w h i c h a r e p e r s o n a l to CITY.

Alan Chierici, Flowers & Associates is deemed to be specially e xperienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person s hall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be remove d from assisting in this contracted work for any reason, CITY may terminate this AGREEME NT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.

9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, h armless from all of CONSULTANT's claims, demands, la wsuits, judgments, damages, los ses, injuries or liability to CONSULTANT, to CONSU LTANT's employees, to CONSULTA NT’s contractors or subcontractors, or to the owners of CONSULTANT's f i r m , w h i c h damages, losses, injuries or liability occur during the work re quired under this AGREEMENT, or occur while CONSULTANT is on CITY property, or wh ich are DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 90 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

connected, directly or indirectl y, with CONSULTANT's performanc e of any activity or work required under this AGREEMENT.
(b) Defense and Indemnity of Third Party Claims/Liability. CONSULTANT shall investigate, defend, and in demnify CITY, its elected offi cials, officers, agents, and employees, from any claims, law suits, demands, judgments, and a ll liability including, but not limited to, monetary or p roperty damage, lost profit, p ersonal injury, wrongful death, general liability, automobile, infringement of copyright /patent/trademark, or professional errors and omissions arising out of, directly or i ndirectly, an error, negligence, or omission of CONSULTANT or any of CONSULTANT’s of ficers, agents, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSUL TANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions concerning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, att orney fees, expert witness costs, investigation cost s, claims adjusting costs and any other costs required for and related thereto.
(c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this secti on because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.

10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provid e insurance as described herein. All insurance is to be placed w ith insurers authorized to do business in the State of Calif ornia with an A.M. Best and Co mpany rating of A- or better, Class VII or better, or as otherwise approved by CITY.

Insurance shall include the following (or broader) coverage:

a) Insurance Services Office Commercial Liability coverage “o ccurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 gene ral aggregate.

b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Pro vider owns no vehicles, this requirement may b e satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.

DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 91 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

c) Workers’ Compensation insuranc e complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.

d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000 ,000 per claim.

Liability insurance policies required to be provided by CONSULT ANT hereunder shall contain or be endorsed to contain the following provisions:

a) CITY, its employees, offi cials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any an d all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed ope rations shall be provided either in the additiona l insured form or through anoth er endorsement such as CG 20 37, or its equivalent.

b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.

c) Professional liability insur ance policies inception date, continuity date, or retroactive date must be before the effective date of this agre ement.

CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

d) Liability coverage shall be primary and non-contributing w ith any insurance maintained by CITY.

e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 da ys’ prior written notice has been given to CITY. Such provision shall no t include any limitation of liability of the insurer for failure to provide such notice.

f) No liability insurance cove rage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CON SULTANT’s employees, or agents , from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.

DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 92 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.

h) There shall be no recourse against CITY for payment of pre miums or other amounts with respect to the insurance required to be provided b y CONSULTANT hereunder. Any failu re, actual or alleged, on the p art of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no addition al obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the righ t but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will wit hhold amounts sufficient to pay premium from CONSULTANT payments.

i) CONSULTANT agrees to provi de immediate notice to CITY of a ny claim or loss against CONSULTANT arising out of the work performed under t h i s AGREEMENT. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) t o monitor the handling of any such claim or claims if they are likely to involve CITY.

11. RELATIONSHIP OF C ONSULTANT TO CITY
The relationship of the CONSULTA NT to CITY shall be that of an independent contractor and that in no event s hall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely respon sible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

12. CORRECTIONS
In addition to the above indemnifi cation obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed du ring CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CI TY, and the cost thereof shall be charged to CONSULTANT or withheld from any fun ds due to CONSULTANT hereunder.

13. TERMINATION BY CITY
CITY, by notifying CONSULTANT i n writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agre ed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and oblig ation to immediately assemble work in progress for the purpose of closing out the jo b. All compensation for DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 93 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

actual work performed and charges outstanding at the time of te rmination shall be payable by CITY to CONSULTANT within 30 days following submissi on of a final statement by CONSULTANT unless termination is for cause. In su ch event, CONSULTANT shall be compensated only to the extent required by law.

14. ACCEPTANCE OF FINAL PAYME NT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under th is AGREEMENT shall operate as and be a release of CITY from all cl aims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensatio n claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTAN T s f o r t h e accuracy and competency of the i nformation provided and/or work performed; nor shall such approval or payment be deem ed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.

15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters cove red by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such re cords. CONSULTANT will retain such financial reco rds, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or fin al payment under this AGREEMENT.

16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length o f time for which such failure continues, shall not constitute a waiver of such party' s right to demand strict compliance by such other party in the future. No waiver by a p arty of a default or breach of the other party shall be effective or binding upon su ch party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/ or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, an d invocation of any such right or remedy shall not constitute a waiver or election of re medies with respect to any other permitted or available right of remedy.

DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 94 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S busine ss. During the term of this AGR EEMENT and/or as a result of being awarded this A GREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest i n CONSULTANT'S business by an y CITY employee or official.

18. CONSTRUCTION OF L ANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever r equired by the context, the singular shall include the pl ural and vice versa, and the m asculine gender shall include the feminine or neutral genders or vice versa.

19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties sh all attempt to avoid and minimize the damages resulting from the conduct of the other party.

20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the Sta te of California. Should litigation occur, venue shall be in Superior Court of Santa Barbara County.

21. NONDISCRIMINATION
CONSULTANT shall not discriminat e on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.

22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpa yer Identification Number and Certification, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.

23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an av ailable, unexhausted and unencum bered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEM ENT shall cover only those costs incurred up to the conclusion of the current fiscal year.

DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 95 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of C ITY and CONSULTANT.

25. USE OF THE TERM “CITY”
Reference to “CITY” in this AG REEMENT includes City Manager or any authorized representative acting on behalf of CITY.

26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain duri ng the term of this AGREEMENT, all appropriate permits, licenses, and certific ates that may be required in connection with the performance of services under this AGREEMENT.

27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or des cribe the scope or intent of a ny provision or section of the AGREEMENT.

28. AUTHORIZATION
Each party has expressly authoriz ed the execution of this AGREE MENT on its behalf and bind said party and its respective administrators, o fficers, directors, shareholders, divisions, subsidiaries, agents, employees, succe ssors, assigns, principals, partners, joint vent urers, insurance carriers and a ny others who may claim through it to this AGREEMENT.

29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations f o r obtaining this AGREEMENT, this AGREEMENT supersedes any other a greements, either oral or in writing, bet ween the parties hereto with resp ect to the rendering of services, and contains all of t he covenants and agreements betw een the parties with respect to said services.

30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of compet ent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 96 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

31. NOTICES
Any notice required to be given hereunder shall be deemed to ha ve been given by depositing said notice in the United States mail, postage pr epaid, and addressed as follows:

TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Alan Chierici, Vice President
Flowers & Associat es, Inc.
201 North Calle Cesar Chavez, Suite 100
Santa Barbara, CA 93103

32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.

In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

_____________________________ _____________________________ Michelle Greene, City Manager Robert A. Schmidt, P.E. Principal

A T T E S T

_____________________________ _____________________________ Deborah Lopez, City Clerk Alan H. Chierici, Vice President

APPROVED AS TO FORM:

MICHAEL JENKINS, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 97 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

Exhibit A:

Scope of Services

CONSULTANT SHALL PROVIDE THE FOLLOWING ON-CALL INSPECTION SERVICES:

1. Provide construction inspection that includes observation, i nspection and notice of correction required for construction activities to verify that the activities comply with the encroachment permit, plans, specifications, City standards and public safety.

2. Provide pre-work condition doc umentation (photo and/or video graphic).

3. Notify City staff of any identified areas of special importance for further normal business hours of inspection.

4. Coordinate and disseminate information to City staff, nearby affected properties and utility providers of possible construction activity impacts.

DELIVERABLES:

5. Create and maintain daily inspection reports and photo- documentation of construction activities for permits under inspection.

6. Provide sign off at completion of the work associated with any encroachment permit under inspector's pervue.

DocuSign Envelope ID: D179EA9C-F15E-4B94-949E-46832234B953 98 City of Goleta
Department of Public Works and Flowers & Associates, Inc.

Exhibit B
Fee Schedule

E N G I N E E R I N G S E R V I C E S HOURLY RATE Principal Engineer .. ................................................................ $206.00 Associate Engineer ............................................................... $189.00 Senior Engineer II .................................................................. $178.00 Senior Engineer I ................................. .................................. $168.00 Drainage Engineer ....................... .......................................... $168.00 Qualified SWPPP Practitioner ................................................. $168.00 Design Engineer !!................. ................................................. $158.00 Water Resources Specialist .................................................. $158.00 Project Manager .................................................................... $158.00 Design Engineer 1. ............................................................... $147.00 CAD Designer .................................... .................................... $133.00 CAD Technician ................. .................................................... $119.00 Administrative upport... ............................................................. $102.00

PLANNING

SERVICES
Principal Planner .................................................................... $179. . .00 Associate Planner ........................................................... ......... $158.00 Senior Planner ........................................................................ $148.00 Public Agency Coordinator ..................................................... $135.00

C O N S T R U C T I O N PHASE SERVICES
Principal Construction Engineer ........... ................................... $206.00 Associate Construction Engineer ...................... ...................... $189. 00 Senior Construction Engineer ............................................... .. $178.00 Resident Engineer.................... ............................................... $168.00 Prevailing Wage Construction Monitor ........... . .......................... $152.00 Construction Monitor ............................................................... $131.00

REIMBURSABLE EXPENSE
Plots and other expenses connected with the work will be charged at cost.

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