Cities Index.
Ellwood Mesa Monarch Butterfly Habitat Management Plan Update and Amendments to Professional Design Services Agreements (Project No. 9112).

Goleta City Council
August 16, 2022

Document
Ellwood Mesa Monarch Butterfly Habitat Management Plan Update and Amendments to Professional Design Services Agreements (Project No. 9112).
Meeting
August 16, 2022
Body
Goleta City Council
Pages
15
Original file
12.8 MB
Text extracted from the city's file for reading and search. Open the original on goleta.legistar1.com. That file is the official record.

Agenda Item B.10

CPMS CONSENT CALENDAR
Meeting Date: August 16, 2022

TO: Mayor and Councilmembers

FROM: Charles W. Ebeling, Public Works Director

CONTACT: George Thomson, Parks and Open Space Manager

SUBJECT: Ellwood Mesa Monarch Butterfly Habitat Management Plan Update and Amendments to Professional Design Services Agreements (Project No. 9112).

RECOMMENDATION:

A. Receive a status update on the Ellwood Mesa Monarch Butterfly Habitat Management Plan;

B. Approve and authorize the City Manager to execute Amendment No. 1 to Agreement 2021-057 with RRM Design Group for landscape architecture, civi l engineering, graphic design, and project management assistance, increasing the contract amount by $233,400 for a new total not-to-exceed amount of $421,400 and with a termination date of June 30, 2025;

C. Approve and authorize the City Manager to execute Amendment No. 1 to Agreement 2021-056 with Althouse and Meade, Inc., for butterfly aggregati on site assessments and habitat enhancement recommendations, increasing the contract amount by $261,754 for a new total not-to-exceed amount of $506,754 and w ith a termination date of June 30, 2025; and

D. Authorize the City Manager to execute Amendment No. 1 to Agreement 2021-063 with Rincon Consultants, Inc., for biologist, arborist, and permitting services, increasing the contract amount by $566,511 for a new total not-to-exceed amount of $724,511 and with a termination date of June 30, 2025.

BACKGROUND:

On March 19, 2019, City Council adopted the Ellwood Mesa/Sperling Preserve Open Space Monarch Butterfly Habitat Management Plan (MBHMP). The plan is a comprehensive, programmatic approach to management, enhancement, and monitoring of the monarch butterfly seasonal aggregation areas and support ing habitats at the Ellwood Mesa Open Space. The MBHMP outlines various programs intended to maintain 1 Meeting Date: August 16, 2022

Page 2 of 5 ends

and improve habitat conditions to ensure long-term viability of t h e m o n a r c h b u t t e r f l y population, while allowing for coastal access, natural history education, compatible recreational opportunities, and improvement of public safety.

On June 15, 2021, City Council approved professional service ag reements with RRM Design Group, Rincon Consultants, and Althouse and Meade to provide technical expertise, permitting assistance, and construction plans to imp lement the MBHMP. The technical team has completed extensive habitat mapping, regulat ory agency permit applications, critical infrastructure improvement designs, and habitat enhancement plans.

Currently, the team is focused on community outreach and comple ting the Coastal Development Permit (CDP) application necessary to gain approval from the California Coastal Commission (Coastal Commission) to proceed with work. C ommunity input on the plan and the CDP application will be presented to the City Council for review in early fall, once an additional public workshop and site tour can be h eld and the draft CDP application, including preliminary plans and specifications, are complete.

At the June 15, 2021 meeting, City Council also authorized City staff to submit a CDP application to the Coastal Commission for a five-year de minimi s waiver to allow for ongoing maintenance work identified in the adopted MBHMP. A major component of the proposed maintenance work addresses vegetation management with a focus on reducing the fire risk to the community and sensitive habitats posed by dead eucalyptus trees, annual grasses, and other vegetative fuels. This work is guided by the adopted Community Wildfire Protection Plan. The permit waiver applicati on is currently being reviewed by Coastal Commission staff. On-the-ground work to red uce fuel loads is expected to begin in late August. Onsite signage and public out reach will be performed in advance of any work. Biological surveys for sensitive wildli fe resources will also be conducted prior to and during work.

Outreach for the project includes presentations to the Parks and Recreation Commission, the Public Tree Advisory Commission, the Design Review Board; o nsite community outreach events and site tours; focused outreach to environment al groups and HOAs; and coordination with resource agencies and utility providers. Two community outreach events were held on July 7 and 9. The events featured descripti ons of the project elements and a walking tour of the site. Attachment 1 includes the project outreach boards on display at the events. Additional outreach for the project will continue as the engineering and landscape designs progress, including more public workshops and site tours.

DISCUSSION:

During the past year, the project team completed the conceptual design for habitat enhancements and critical infrastructure improvements. The team also developed a systematic approach to mapping vegetative fuel loads, protected wetlands, monarch butterfly habitat, and other existing site features within the approximately 90-acre MBHMP coverage area. These maps form the basis of the conceptual habi tat enhancement designs and more advanced engineering designs. In addition, a v egetative fuels maintenance plan and maps were completed that are currently being reviewed by Coastal 2 Meeting Date: August 16, 2022

Page 3 of 5 ends

Commission staff as part of the CDP de minimis waiver permit ap plication previously approved by City Council. The next steps for the project includ e additional public outreach, completing the CDP application that covers enhancemen t o f t h e M o n a r c h Butterfly Main Grove area, trail and creek crossing improvement s (footbridges), and infrastructure improvements at the Santa Barbara Shores Drive e ntrance and Devereux Creek culvert replacement. Pending City Council and Coastal Com mission approval of the CDP, issuance of permits from various regulatory agencies, and award of a public works construction bid process, the major enhancement work will be performed in summer 2023.

The project team is currently organizing another public workshop and site tour. The event will take place in September and the latest design plans will be on display with the project team guiding the discussion. Input received from the community will be presented to City Council in October when the draft CDP application is complete and ready for City Council review. Pending City Council approval of the CDP application, t he Coastal Commission will review the project in Spring 2023.

The proposed contract amendments allow for the project team to continue community outreach, finalize the CDP application, and complete the first phase of project implementation monitoring and reporting. Specific project team member scopes of work are summarized below.

RRM Design Group, Inc.

RRM Design Group is a full-service landscape architecture, plan ning, and engineering firm that will continue to provide technical expertise with graphics, outreach materials, signage design, and engineering and landscape architecture plan s, details, and specifications for bidding and construction. Public Works staff recommends that RRM Design Group (Agreement 2021-057) continue to provide critical assistance with project management, trail planning, a conceptual restoration plan for Devereux Creek, and the interpretive signage program. Public Works Staff recommends Ame ndment No. 1 to increase the contract authority by $233,400 for a new contract authority total not-to- exceed $421,400, with a current termination date of June 30, 2025 (Attachment 2).

Althouse and Meade, Inc.

Althouse and Meade, led by monarch butterfly expert Daniel Meade, PhD, has served as the leading scientific advisor during the development of the Ci ty’s MBHMP. Dr. Meade and his team have provided critical expertise in the design of monarch butterfly habitat improvements at Ellwood. Specifically, Althouse and Meade has detailed tree size and counts, forest canopy structure, dead/alive tree status, and wi nd and sunlight infiltration into the aggregation areas to inform the landscape plans, vegetative fuels maintenance plans, and longer-term site maintenance requirements. Public Wo rks staff recommends that Althouse and Meade, Inc (Agreement 2021-056) continue to p rovide science-based recommendations to protect and enhance monarch sites at Ellwood ; assistance with project outreach and community engagement events; site monitori ng, research, and adaptive management; and specific recommendations for tree plan ting locations during 3 Meeting Date: August 16, 2022

Page 4 of 5 ends

construction to maximize benefits to monarch butterflies. Public Works Staff recommends amendment #1 to increase the contract authority by $261,754 for a new total not-to- exceed amount of $506,754, with a current termination date of June 30, 2025 (Attachment 3).

Rincon Consultants, Inc.

Rincon Consultants provides a range of technical assistance in the areas of permit applications and reporting, botanical surveys, certified arborist services, native plant restoration planning, data management, technical writing, wetland jurisdictional mapping, and bid support during the implementation phases. During the next phase of the project, Rincon Consultants will be primar ily responsible for permit app lications to the Coastal Commission, Army Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife, and City of Goleta. Rincon wil l also be providing onsite construction monitors and archeological and cultural monitor coordination. Lastly, Rincon provides biologists to perform the bi-monthly monarch butterfly population counts during the overwintering season at Ellwood. Public Works Staff recommends Agreement 2021- 063 amendment #1 to increase the contract authority by $566,511 for a new contract authority total not-to-exceed $724,511, with a current terminat ion date of June 30, 2025 (Attachment 4).

FISCAL IMPACTS:

There is sufficient funding in th e existing budget, therefore n o additional budget appropriation for this action is required. All currently proposed work at the Ellwood Mesa Monarch Butterfly Grove is eligible for reimbursement from the California Coastal Conservancy’s $3.9 million grant to the City. A grant extension authorized by the California Coastal Conservancy allows the City to expend the grant funds through February 2025. After that time, ongoing maintenance work and fu ture capital improvements will need to be funded by other sources, potential ly including the City’s General Fund and currently unidentified and unsecured grants.

ALTERNATIVES:

City Council can choose to not amend the existing professional service agreements.

However, the technical services provided by the consultant team are necessary to advance the habitat and critical infrastructure enhancement pla ns, complete the CDP application, and provide regulatory agency permit monitoring and reporting. A request for proposal process to solicit an alternative technical team could delay the project by nine months or more, further tightening the grant performance timeline.

Reviewed By: Legal Review By: Approved By:

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

4 Meeting Date: August 16, 2022

Page 5 of 5 ends

ATTACHMENTS:

1. Ellwood Mesa Monarch Grove Outreach Boards July 2022

2. Amendment No. 1 to Agreement 2021-057 with RRM Design Group

3. Amendment No. 1 to Agreement 2021-056 with Althouse and Mead e, Inc.

4. Amendment No. 1 to Agreement 2021-063 with Rincon Consultant s, Inc.

5. Agreement 2021-057 with RRM Design Group (Available Online Only)

6. Agreement 2021-056 with Althouse and Meade, Inc. (Available Online Only)

7. Agreement 2021-063 with Rincon Consultants, Inc. (Available Online Only) 5 ATTACHMENT 1

Ellwood Mesa Monarch Grove Outreach Boards July 2022

6 ELLWOOD MESA

MONARCH BUTTERFLY GROVE

GOLETA, CA

COMMUNITY WILDFIRE

PROTECTION PLAN
Remove Dead Wood to Reduce Fire Risk
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Use Equipment to Reduce Fire Risk
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**As determined by the Goleta City Project Manager and Goleta City arborist. ***For further information specific to homeowner/structure mitigation measures see Section 6.2.1.

Location oo Primary Defense Zone (A)***
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Fuel Reduction Zone (B***
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Fuel Type pp Based on Defensible Space PRC – 4291 and Firefighter Safety Grass/ Forbs Reduce fuel depth to 4 inches; methods include mowing, masticating, weed-whacking, biological browsing
Same treatment as (A); longer grass in isolated open areas is acceptable.

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Clear dead/down flammable materials; methods include
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Remove to a spacing (between edges of brush) generally
2x brush height on <20% slopes; methods include
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Trees Overstory
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unhealthy trees at 10 – 20 ft crown spacing ( as
determined by slope, tree size and type);Leave larger trees unless toppling hazard.** Reduce ladder fuels by pruning lower branches 6-15 ft up, or lower 1/3 of tree height on trees smaller than 18 ft..

Trim or thin only trees that do not provide protection to monarch butterfly aggregation sites* Thin smaller or
unhealthy trees at approximately 10 ft crown spacing (as determined by slope, tree size and type);. Leave larger trees unless toppling hazard.** Reduce ladder fuels by pruning lower branches approximately 6 ft up, or lower 1/3 of tree height on trees smaller than 18 ft..

Trees Overstory
with brush
understory
Trim or thin only vegetation that does not provide protection to monarch butterfly aggregation sites* Thin small or
unhealthy trees at 10-20 ft crown spacing (based on slope, tree size and type). Leave larger trees at 10 ft. crown spacing unless toppling hazard.**( Reduce ladder fuels by pruning lower branches 6-15 ft up, or lower 1/3 of tree height on smaller trees In understory: remove brush ladder fuel. Methods include masticating or hand-cutting.

Trim or thin only vegetation that does not provide protection to monarch butterfly aggregation sites* Thin small or unhealthy trees to approximately 10 ft. crown spacing. Leave larger trees unless toppling hazard.** Reduce ladder fuels by
pruning lower branches approximately 6 ft up, or lower 1/3 of tree height on smaller trees. In understory remove brush ladder fuel. In non-canopied areas, noncontinuous patches of shrubs or small trees in openings is acceptable.. Methods include masticating or hand-cutting.
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MONARCH BUTTERFLY GROVE

GOLETA, CA

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9 ELLWOOD MESA

MONARCH BUTTERFLY GROVE

GOLETA, CA
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10 ELLWOOD MESA

MONARCH BUTTERFLY GROVE

GOLETA, CA

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11 ELLWOOD MESA

MONARCH BUTTERFLY GROVE

GOLETA, CA
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12 ATTACHMENT 2

Amendment No. 1 to Agreement 2021-057 with RRM Design Group

13 City of Goleta
Amendment No. 1 to Agreement No. 2021-057

Page 1 of 12 ends

AMENDMENT NO. 1

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND

RRM DESIGN GROUP

This Amendment No. 1 to the 2021-057 Agreement by and between the City of Goleta, a municipal corporation (“City”) and RRM DESIGN GROUP (“Consultant”) dated June 15th, 2021 (“Agreement,” Agreement No. 2021-057) is made on this 16th day of August, 2022.

SECTION A. RECITALS

1. This Agreement is for professional design services for a comprehensive implementation plan to manage and enhance the Elwood Mesa Monarch Butterfly Habitat Management Plan Area; and

2. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $188,000; and

3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $233,400 for continued tasks; and

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

5. 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

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

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

8. City Council approved this Amendment No. 1, on this 16th day of August, 2022.











14 City of Goleta
Amendment No. 1 to Agreement No. 2021-057

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SECTION B. AMENDED TERMS

Now therefore City and Consultant agree as follows 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 $233,400 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 $421,400 (herein "not-to-exceed amount") and shall be earned as the work progresses.

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B-1," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2025, 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. 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.

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.











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Amendment No. 1 to Agreement No. 2021-057

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In concurrence and witness whereof, this Amendment No.1 has been executed by the parties effective on the date and year first above written.

.

CITY OF GOLETA RRM DESIGN GROUP

____________________________ ______________________________ Michelle Greene, City Manager Jeff Ferber, Principal

A T T E S T :

_____________________________ ______________________________ Deborah Lopez, City Clerk Erik Justeen, Chief Executive Officer

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney











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Exhibit A-1
Scope of Work
RRM Design Group for Ellwood Mesa Monarch Butterfly Grove Comprehensive Implementation Plan

CONSULTANT shall provide project management assistance and professional landscape architectural services to support the ongoing resource management and enhancement tasks underway by the City of Goleta. The complexity of the Ellwood Mesa Monarch Butterfly Grove requires a diverse approach to address regulatory permitting, community engagement, tree management, trail design, protection of sensitive natural resources, fuel reduction, and other issues outlined in the City’s Monarch Butterfly Habitat Management Plan. CONSULTANT provides professional expertise to assist with developing a comprehensive implementation plan that meets the goals and further defines the specific actions outlined in the Monarch Butterfly Habitat Management Plan.

Task A.01 Project Management : Assist City with Project Management, including development of a project management framework to include web-based software, leading project team meeting moderation, and drafting and distribution of team meeting minutes and follow-up items.

Deliverables: Communication with consultant team and City; web-based project management services; Moderation of at least 20 weekly project team meetings and distribution of meeting minutes.

Task A.01a: Supplemental Project Management: CONSULTANT will continue to assist the City with project management of the Ellwood Mesa Monarch Butterfly Habitat Management Plan implementation for a minimu m of 52 additional weeks. Tasks will be assigned by the City’s project manager and will include developing a project management strategy to facilitate coordination and manage deliverables with the project team using the following strategies:

Project Team Coordi nation: CONSULTANT will facilitate and administer meetings with the project team on an as-needed basis to coordinate and develop project deliverables.

These meetings may include coordination of City, City Consultant’s, and CONSULTANT deliverables.

Weekly Project Meeting Moderation: CONSULTANT will moderate weekly project meetings with the project team. Meeti ngs will be hosted using web-based video conferencing software chosen or supplied by the City. Each meeting will be moderated by either the City or CONSULTANT, with each consultant taking responsibility for leading their areas of expertise and responsibilit ies. CONSULTANT will produce and distribute meeting minutes to the project team for review prior to the next weekly meeting. 









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On-site Project Meetings: CONSULTANT will participate in on-site project related meetings as needed to facilitate the project. This service will include managing a meeting invite, producing a meeting agenda for each meeting, and participation in the meeting with the project team.

Deliverables:
• Communication with consultants and City (email, video, phone) • Deliverable coordination and development with City staff and City consultants • Moderation of fifty-two (52) additional weekly project team meetings o Distribution of meeting minutes after each meeting
• On-site project meetings (up to five [5])
Task A.02 Public Workshops/City Council Approvals : Administer two public workshops (may be virtual), including development and organization of presentation materials, moderation of the workshops, and follow-up surveys. CONSULTANT will also provide project support at City Council meetings, including assistance with presentation materials.

Deliverables: Support materials and surveys for two public workshops and support materials for two City Council meetings.

Task A.02a: Supplemental Publ ic Workshops/Focus Groups CONSULTANT will develop presentation material for two public workshops. Each workshop will focus on a set of issues or topics selected by the City. RRM will use content provided by the City and the project team to develop and organize all presentation material and moderate each workshop. It is assumed that each public workshop will be held at Ellwood Mesa and will be an all-day tabling event to inform the public of the project and project updates.

Additionally, CONSULTANT will represent the project at up to two City Council hearings and one California Coastal Commission hear ing. CONSULTANT will support City staff and prepare meeting materials such as a PowerPoint slide show and associated graphic exhibits.

Deliverables:
• Two (2) public workshops
• Two (2) City Council hearings
• One (1) California Coastal Commission hearing
Task B.01 Graphic Design: Provide graphic design for various outreach, permitting, and construction-related publications. Graphic design will aim to provide clear, concise, and scientifically supported explanations of proposed habitat management actions, educational topics for site signage, and other items outlined in the Habitat Management Plan.










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Deliverables: Project poster to convey projec t status updates and additional graphic design support as needed; one draft habitat management plan pamphlet and one final habitat management plan pamphlet.

Task B.01a: Supplemental Graphic Design: CONSULTANT will provide graphic design support to the City, as necessary, for various outreach, permitting, and construction- related publications. A project delivery poster is anticipated that will inform the wider community about key project status updates and the pathway to project implementation.

RRM will also develop and design one draft 8. 5” x 11” color informational pamphlet outlining key program features of the habita t management plan for the Client’s use.

Language and formatting will be geared toward residents and incoming contractors to provide a general source of information regarding construction activity in the project area and implementation of the habitat management plan. This scope of service assumes the City, appropriate agency, and stakeholders will provide CONSULTANT with knowledge of, and access to historical and/or cultural images and contextual information, as well as technical and scientific text for the final work product.

Following the staff review of the poster and habitat management plan pamphlet, CONSULTANT will prepare a final draft, incorporating staff and consultant feedback and securing any remaining imagery and permissions from photography/graphics sources, including any imagery that needs purchasing. The costs associated with the acquisition of said imagery will be paid directly by the City.

The pamphlet will focus on the following topics (for example):
• Community Wildfire Protection Plan buffer treatments
• Emergency tree removals (including hazardous trees)
• Fallen tree removals
• Removal of invasive species (other than eucalyptus)
• Implementation of actions in the Integrated Pest Management Program • Implementation of the Waste Management Program

Deliverables:
• Graphic support – project delivery poster (project status updates) and additional graphic design support as needed
• One (1) draft 8.5” x 11” color habitat management plan pamphlet via PDF • One (1) final 8.5” x 11” color habitat management plan pamphlet via PDF

Task B.02 Conceptual Public Access Plan : Develop a public access plan and wayfinding signage to clearly define existing public access, access during construction, and any proposed closures and new access ways.

Deliverables: One on-site meeting with City; one draft public access concept plan; one final public access concept plan.

Task B.03 Conceptual Creek Restoration Plan: Design a conceptual creek restoration plan, in conjunction with the project team and regulatory agencies, for the portion of 









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Devereux Creek within the project site boundaries. The restoration plan will be confined to the riparian corridor and will rely on callouts, descriptions, and photographs to define the conceptual creek restoration plan.

Deliverables: one conceptual creek restoration plan and one final conceptual creek restoration plan.

Task B.04 Ellwood North Aggregation Site Improvement Plans : Finalize landscape plans and construction documents for the Ellwood North Monarch Butterfly Aggregation Site Enhancement, including tree protection plans, planting and irrigation plans and details, technical specifications, and cost estimates.

Deliverables: one site visit; 75% construction documents and construction cost estimate; one final bid set construction documents and construction cost estimate.

Task B.05 Conceptual Interpretive Program : Develop a conceptual interpretive signage program to include signage locations, panel topics, and signage display standards to enhance visitors’ understanding and appreciation of the Ellwood Mesa Monarch Butterfly Grove and associated natural history.

Deliverables: content research and acquisition; one draft interpretive program; one final interpretive program.

Task B.06 Coastal Development Permit (CDP) Application Package : Assist with the CDP application package, including provid ing supporting graphics and compiling and organizing information from other team members into a cohesive permit application.

Deliverables: One draft CDP application package and one final CDP application package.

Task C.01: Comprehensive CDP Application Package – Landscape: RRM will compile information provided by the City, project consultants, and stakeholders into one draft Coastal Development Permit package for the comprehensive implementation plan that focuses on an approximately 60-acre proposed enhancement work area outlined in Attachment A. CONSULTANT will produce a draft of the CDP application package for review by the project team, City staff, and stakeholders. Comments from the review process will be incorporated into the final application package. The final application package will be submitted to the California Coastal Commission for review. This task includes reasonable revisions for up to two rounds of plan check comments from California Coastal Commission staff.

CONSULTANT anticipates the CDP application package will contain the following landscape sheet sets:

Site Plan/Public Access Plan This plan will detail public access routes to be preserved during construction, temporary fencing, pedestrian creek crossings, and temporary and permanent signage locations throughout the work area. CONSULTANT will incorporate 









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up to five supporting three-dimensional renderings into the submittal package to provide City staff and stakeholders with an idea of the proposed changes in several key areas like the Santa Barbara Shores Drive gated entry, the crossings over Devereux Creek, and the Ellwood Main aggregation site.

Tree Preservation Plan This plan will separate the eucalyptus grove into zones with descriptions of tree protection and removal activities anticipated for each zone. Activities and zones will be provided by the project team and incorporated into this plan.

Planting and Irrigation Plan This plan will indicate areas proposed for planting and irrigation. Hatches will be utilized to differentiate between different planting and irrigation types, and area takeoffs for each zone will be provided in the symbol legend. A preliminary plant palette will be provided by the project
team and incorporated into this plan.

Creek Restoration Plan This plan will detail the proposed Devereux Creek restoration work in jurisdictional areas to sufficiently understand the creek restoration limits of work, pedestrian, and vehicular crossings. Twenty scale plan graphics and section/elevations will be utilized to convey design intent for key areas and the creek restoration work area.

It is our understanding that only portions of the creek impacted by the installation of a culvert and up to two pedestrian bridges or boardwalks will be included under this scope of work. Proposed work within jurisdictional areas such as planting, proposed changes in topography, and water dissipating features will be provided by the project team and incorporated into this plan.

Deliverables:
• One (1) preliminary CDP application package (City Council) • One (1) final CDP application package (Coastal Commission) • Two (2) rounds of revisions based on input from Coastal Commission staff

Task C.02: Comprehensive CDP Application Package – Civil: CONSULTANT Civil Engineering will compile information provided by the City, project team, and stakeholders into one draft Coastal Development Permit package for the comprehensive implementation plan that focuses on a 59-acre proposed enhancement work area outlined in Attachment A. CONSULTANT will incorporate supporting engineering drawings into the submittal package to provide City staff and stakeholders with an idea of the proposed changes in several key areas like the Santa Barbara Shores Drive gated entry, the crossings over Devereux Creek, and the Ellwood Main aggregation site.

Public Access Plan – Santa Barbara Shores Drive This plan will provide the necessary preliminary engineering drawings to support the public access route from Santa Barbara Shores Drive. The entry from Santa Barbara Shores Drive will include a new vehicle entry gate, pedestrian access on both sides of the end of the roadway, and associated drainage improvements. The southerly portion of the entry beyond the edge of the end of the road will include the improvement of the existing r oadway and associated drainage features 









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(swales) on either side of the road. Grading and drainage improvements in this vicinity will improve the drainage features that are required to divert runoff from Santa Barbara Shores Drive while maintaining a safe pedestrian route.

Devereux Creek Culvert Replacement This plan will provide the necessary preliminary engineering drawings to support the replacement of the existing culvert crossing at Devereux Creek. The plan will include the re placement of the existing sixty-inch corrugated metal pipe culvert with a premanufactured open-bottom arch culvert. The roadway over the top and the swales approaching the creek will be addressed with small culverts to allow for adequate pedestrian circulation as well as vehicular access over the culvert.

Ellwood Main Site and Creek Crossing This plan will provide the necessary preliminary engineering drawings to support the upgrades occurring in the vicinity of the main viewing area including the proposed pedestrian crossing over the creek and the landings on either side. Grading will be kept to a minimum however improvements may include small stem walls that are anticipated to be under thirty inches in height to minimize steep slopes in the pedestrian pathways.

Truck Access to Ellwood Main Site This plan will evaluate the request to provide a truck access to the Ellwood main site for minor maintenance and clearing of brush and fallen branches. The access will come from the ocean side of the creek and meander down between trees to a point that can be accessible for maintenance. It is anticipated that a truck no larger than a Ford F250 be required to access the site. The drawings will reflect the minimum road required to adequately serve for maintenance.

Deliverables:
• One (1) preliminary CDP application package (City Council) • One (1) final CDP application package (Coastal Commission )

Task D.01: Topographic and Boundary Surveying Support: RRM will perform limited topographic and boundary surveying and mapping as required by the design team/Client to assist in documenting possible boundary encroachments of adjacent property owners or tenants. Due to the uncertain scope of this task, we propose a maximum of ten field days for boundary work and topographic surveying and ten office days for boundary research and topographic mapping. It is anticipated that no boundary monumentation will be required to be set as part of this effort. The filing of a record of survey or corner record and replacement of missing property corners is not included in this proposal.

Survey to include:
• Contours at one-foot intervals
• Structures, fences, walks, curbs, gutters, edge of pavement, utility poles, trees and other pertinent planimetric features within the supplemental topographic limits established by RRM
• Record boundary mapping










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Deliverables:
• AutoCAD file of mapping

Task D.02: Structural Engineering Support: CONSULTANT will perform limited structural engineering services as required by the design team to assist in development of construction documents for review by the California Coastal Commission and City of Goleta staff. Due to the uncertain scope of this task, we propose the engineering of two bridge abutments and associated helical piles. It is anticipated that structural engineering for the proposed culvert crossings will be provided by the manufacturer, and thus, is not included in this scope.

Deliverables:
• Two (2) bridge abutments and helical pile engineering • Plan review of landscape architecture and civil engineering details











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24 City of Goleta
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Attachment A











25 ATTACHMENT 3

Amendment No. 1 to Agreement 2021-056 with Althouse and Meade, Inc. 26 City of Goleta
Amendment No. 1 to Agreement No. 2021-057

Page 1 of 7 ends

AMENDMENT NO. 1

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
ALTHOUSE AND MEADE, INC.

This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta, a municipal corporation (“City”) and ALTHOUSE AND MEADE, INC. (“Consultant”) dated June 15th, 2021 (“Agreement,” Agreement No. 2021-056) is made on this 16th day of August, 2022.

SECTION A. RECITALS

1. This Agreement is for professional design services for a comprehensive implementation plan to manage and enhance the Ellwood Mesa Monarch Butterfly Habitat Management Plan Area; and

2. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $245,000; and

3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $261,754 for continued tasks; and

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

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

6. 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

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. City Council approved this Amendment No. 1, on this 16th day of August, 2022.











 
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Amendment No. 1 to Agreement No. 2021-057

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SECTION B. AMENDED TERMS

Now therefore City and Consultant agree as follows 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 $233,400 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 $506,754 (herein "not-to-exceed amount") and shall be earned as the work progresses.

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B-1," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2025, 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/NOASSIGNMENT/SUBCONTRACTOR of the Agreement is amended to add the subcontractor listed below.

PERSONALSERVICES/NOASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Daniel Meade 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 Creekside Center for Earth Observation – Chief Scientist (Stu Weiss)











 
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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.

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.1 has been executed by the parties effective on the date and year first above written.

.

CITY OF GOLETA Althouse and Meade, Inc.

____________________________ ______________________________ Michelle Greene, City Manager LynneDee Althouse, President

A T T E S T :

_____________________________ ______________________________ Deborah Lopez, City Clerk Daniel Meade, Vice President

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney











 
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Exhibit A-1

Scope of Work

Althouse and Meade, Inc. for Ellwood Mesa Monarch Butterfly Habitat Management Plan Implementation

CONSULTANT shall provide scientific and technical expertise to support the ongoing resource management and habitat enhancement efforts underway by the City of Goleta at the Ellwood Mesa Monarch Butterfly Grove. The complexity of the Ellwood Mesa Monarch Butterfly Grove requires a diverse approach to address regulatory permitting, community engagement, tree management, trail design, protection of sensitive natural resources, fuel reduction, and other issues outlined in the City’s Monarch Butterfly Habitat Management Plan (MBHMP). CONSULTANT provides scientific, biological, and other technical expertise to assist with developing a comprehensive implementation plan that meets the goals and further defines the specific actions outlined in the MBHMP.

Task 1. Project Management Meetings. Participate in project meetings with City of Goleta, consultant team, contractors, and community workshops. Provide summary memos as issues arise, contribute to and review design work and plans for aggregation sites and other locations on Ellwood Mesa.

Deliverables: Attendance by Dr. Meade and Dr. Weiss at meetings as directed by the City either in person or by call-in. Provide expertise, information, historical perspective, and recommendations to benefit project planning and monarch butterfly habitat restoration.

Participate in two Community Workshops.

Task 2. Prepare Request for Proposals (RFxs), Interviews, and Contracts. Assist with the development of of the Maintenance Plan for the Ellwood Mesa groves. Request for Bids, Request for Proposal, and other solicitations for contractor and consultant work.

Deliverables: Review, edit and provide RFxs prepared by the City and provide guidance regarding contractor and consultant work plans to ensure consistency with the MBHMP.

Task 3. Site Inspections. Review plans and contribute to design and permitting question resolutions. Conduct on the ground site inspections at Ellwood Mesa for project planning.

Provide analysis of GIS data and produce additional GIS products as needed.

Deliverables: Written responses, figures, exhibits, plan notations, and communications regarding Plan ting exhibits for butterfly tree re storation locations and pollinator enhancements, memos and communications regarding aggregation enhancement and grove management measures.











 
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Task 4. Grove Assessment with LiDAR. Conduct aerial survey to generate data, including color optical images, multi-spectral, and lidar data and conduct data processing.

Deliverables: Point Cloud, Vectors, and Surface Models from Lidar; Imagery and Vectors from Digital Orthophotos; Tree and Canopy Metrics.

Task 5. Hemispherical photographic asses sment of forest canopy structure.

Sampling of forest structure (basal area) through plots and transects and the use of historical photographs from the 1990s will be used to determine wind and insolation parameters. The acceptable environmental envelope for monarchs will be estimated from fine-scale occupancy patterns at Elwood and other sites.

Deliverables: Hemispherical photographs and Hemiview analyses, transect data.

Task 6. Forest Structure Analysis from LiDAR. Provide analyses of information from Lidar data, including windbreak structures, gap structures, forest size structure, and live- dead stems and correlate with hemispherical photography and ground transects.

Deliverables: Analysis of current forest conditions, maps and graphics, sample cross sections of structures, correlations with hemispherical photographs, and initial zonation of forest into windbreak, cluster sites, and matrix. Will include a set of initial recommendations for management actions (tree planting, dead tree removal).

Task 7. Climate and forestry analysis. Analyze the intensity of the recent drought, projected droughts, and assessment of the density of trees that can be supported over the coming decades using LANDSAT images and the California Basin Characterization Model that includes annual Climatic Water Deficit.

Deliverables: Time series graphs and statistics, guidelines on desirable range of stem densities for different parts of Elwood complex, Projections of forest growth rates.

Task 8. GIS production. Mapping to synthesize Tasks 1-3 and finalize analysis.

Deliverables: Geodatabase with LiDAR maps, and output maps, tables, and analyses for inclusion in final implementation plan recommendations and report.

Deliverables: GIS data, map layers, analyses, and report graphics and tables.

Task 9. Final Report. Site-specific management plan to define actions such as snag removal and tree planting of various species to create windbreaks and cluster areas within the Ellwood complex; consideration and coordination with other plans (fire, creek restoration); and description of long-term adaptive management planning process.

Deliverables: final report for inclusion in comprehensive implementation plan.

Task 10. Tree Health Multispectral Analysis. Analyze multispectral data of eucalyptus groves collected via aerial survey to assess habitat quality for monarch butterflies. Data 









 
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will include color and near-infrared orthomosaics of the eucalyptus grove with resolution not exceeding 1 in/px and georeferenced within 10cm accuracy. Analyze the data and report on grove canopy cover, tree health, and changes since data collected previously in 2017. Multi-spectral imagery will identify live foliage and estimate health of that foliage as abundance of chlorophyll in the canopy. Chlorophyll abundance can be compared over a time series to detect tree health and track tree health trajectory.

Deliverables: Multispectral data collection flights, final report and analysis comparing condition to 2017 and setting baseline condition.

Task 11. Collaborative Decisions. Develop habitat enhancement and restoration recommendations and implementation plans for project permitting decisions with expertise regarding monarch butterfly biology and behavior.

Deliverables: project team meetings and communications regarding preferred implementation actions with regards to monarch butterfly biology and behavior.

Task 12. Implementation Work Programs. Participate with project team in preparation of work programs by contractors, city staff, or volunteers.

Deliverables: Review work programs, provide edits and recommendations.

Task 13. Project Construction Site visits to guide installation of trees and plants, and provide inspection and monitoring of monarch habitat improvements. Review and comment on work plans.

Deliverables On site work to locate and approve planting locations, and confirm project installation conditions. Provide review and written comments for work plans.

Task 14.Monitoring, Research and Adaptive Management. Provide habitat condition evaluation of fire treatment areas following vegetation work. Conduct analysis of grove health twice a year for Ellwood Mesamonarch habitat.

Deliverables Report of fire treatment area vegetation clearance effect on habitat.

Preliminary report of tree health in spring and annual report comparing changes in the fall to previous grove status based on multi-spectral and full spectrum photography.











 
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Exhibit B-1
Schedule of Fees

PLOTS The following charges will apply for color paper plots generated by the graphics and GIS systems: $1.00 for 8½xll, $1.25 for llx17, $24.00 for 24x36, and $36.00 for 36x48. There will be a charge of $5.00 for each non-color paper plot and $15.00 for each mylar plot.

REPRODUCTION In-house reproduction will be charged
at $0.10 per page for black and white and $1.00 per page for color.

Labor Category Rate
Principal Scientist $180
Principal Biologist $140
Senior Biologist/Project Manager $115
Range & Plant Scientist $115
Wildlife Biologist/Project Manager $110
Biologist III $90
Biologist II $85
Biologist I $80
Certified Arborist $90
GIS Program Manager $110
Drone Pilot and Drone $140
GIS Applications Specialist $100
GIS Specialist III $95
GIS Specialist II $85
GIS Specialist I $80
Project Coordinator $85
Technical Editor $85
Senior Administrator $80
Administrative Assistant $70
Technician $65










 
33 ATTACHMENT 4

Amendment No. 1 to Agreement 2021-063 with Rincon Consultants, Inc. 34 City of Goleta
Amendment No. 1 to Agreement No. 2021-063

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AMENDMENT NO. 1

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.

This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and Rincon Consultants, Inc., (“Consultant”) dated June 15th, 2021 (“Agreement,” Agreement No. 2021-063) is made on this 16th day of August, 2022.

SECTION A. RECITALS

1. This Agreement is for professional design services for a comprehensive implementation plan to manage and enhance the Elwood Mesa Monarch Butterfly Habitat Management Plan Area; and

2. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $158,000; and

3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $566,511 for continued tasks; and

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

5. 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

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

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

8. City Council approved this Amendment No. 1, on this 16th day of August, 2022.
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SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
 Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the  Agreement is amended to add an additional authorized amount of 566,511 and to read in its entirety:

D
Maximum and Rate . The total compensation payable to
CONSULTANT by CITY for the services under this AGREEMENT  SHALL NOT EXCEED the sum of 724,511 (herein "not-to-exceed amount") and shall be earned as the work progresses.

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 andexpenses set forth in that exhibit shall be binding uponCONSULTANT until June 30, 2025, after which any change in saidrates and expenses must be approved in writing by CITY's ProjectManager as described in Section 5 (CITY is to be given 60 days  notice of any rate increase request), provided the not to exceedamount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
 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.

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.
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In concurrence and witness whereof, this Amendment No.1 has been executed by the parties effective on the date and year first above written. .

CITY OF GOLETA Rincon Consultants, Inc.
____________________________ ______________________________ Michelle Greene, City Manager Steven Hongola, Vice President ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Lacrissa Davis,
Chief Financial Officer
APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney
37 City of Goleta
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Exhibit A-1 Scope of Work
Rincon Consultants, Inc. for Ellwood Mesa Monarch Butterfly Grove Comprehensive Implementation Plan
CONSULTANT shall provide professional expertise to support the ongoing resource management and enhancement tasks underway by the City of Goleta. The complexity of the Ellwood Mesa Monarch Butterfly Grove requires a diverse approach to address regulatory permitting, community engagement, tree management, trail design, protection of sensitive natural resources, fuel reduction, and other issues outlined in the City’s Monarch Butterfly Habitat Management Pl an. CONSULTANT provides scientific, computer modeling, and other biological expertise to assist with developing a comprehensive implementation plan that meets the goals and further defines the specific actions outlined in the Monarch Butterfly Habitat Management Plan.

Task 1: Tree Removals & Mitigation
Task 1.1 Collaborate with the project team to identify replacement tree planting locations for first aggregation site, Ellwood Main
Task 1.2 Identify and collect data for dead eucalyptus trees to trim and remove for:

Hazard (threating private property and/or trails) mitigation, grove-wide Implementation of the Community Wildfire Protection Program, grove-wide Task 1.3 Identify native plant restoration location for Ellwood Main Task 1.4 Utilize tree/grove imagery data collected by project team to update applicable tree inventory data at aggregation sites as applicable Task 1.5 Assess tree health and identify threats at priority aggregation sites under the MBHMP Tree Management Program as needed
Task 1: Project Management
Includes attending weekly meetings with the project team, attending meetings with teaming partners and regulatory agencies, providing reports/graphics/ materials as needed, attending and provide supporting materials for public meetings and events.

Task 2: Habitat Maintenance
Task 2.1 Identify locations where CWPP buffer treatments will be conducted and provide oversight during treatments
Task 2.2 Support the need for emergency tree removals (including) hazardous and fallen trees as needed
Task 2.3 Conduct a survey for non-native and invasive botanic species and map areas of highest need for removals of invasive species
Task 2.4 Review the need/feasibility of irrigating specific portions of the grove Task 2: Maintenance Program
Includes preparing a 5-Year Maintenance Plan, and preparing and managing location data and maps showing maintenance activities.
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Task 3: Enhancement Activities
Task 3.1 Collaborate with the project team to understand the long-range research studies being conducted
Task 3.2 Collaborate with the project team to utilize weather and imagery data collected and determine approach for adaptive management of the grove Task 3.3 Collaborate with the project team to track ecosystem-wide tree and vegetation health using multispectral imaging
Task 3: Planning, Design and Permitting
Includes preparing reports, such as the Biological Resources Assessment Report, jurisdictional Delineation Report, and application packages for submission to regulatory agencies for review and approval.

Task 4: Restoration Activities
Task 4.1 Identify native planting locations to occur in relationship to the Ellwood Main aggregation site
Task 4.2 Collaborate with project team to finalize comprehensive list of native plant species to install in restoration areas
Task 4.3 Collaborate with the project team and identify restoration activities to occur in the riparian corridor along Devereux Creek
Task 4.4 Conduct Jurisdictional Delineation (JD) at Devereux Creek and prepare a JD report
Task 4.5 Prepare and submit application packages to regulatory agencies for Devereux Creek restoration activities for temporary impacts during euc removals (assumes regulated by all 3 agencies)
Task 4.6 Identify other locations for restoration of native habitats within the grove Task 4.7 Support the City in engaging with regulatory agencies Task 4.8 Develop monitoring program for the grove in collaboration with the project team, utilizing data collected during studies
Task 4.9 Conduct a survey and records search of cultural resources and engage USACE for compliance with Section 106
Task 4: Outreach and Education
Includes supporting the City in development of materials to present to the public, attendance at public events as needed and support of the interpretative and docent programs.

Task 5: Protection/Monitoring Measures for Monarchs and Wildlife Task 5.1 Conduct wildlife (other than butterfly or nesting birds) surveys as needed
Task 5.2 Review wildlife survey data from other consultants regarding nesting birds, etc.

Task 5.3 First Protocol monarch survey
39 City of Goleta
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Task 5: Construction Project Management
Includes oversight of contractors during construction, as well as biological and cultural surveys, monitoring and reporting prior to and during fuel reduction (vegetation management) and habitat enhancement activities.

Task 6: Public Access Improvements
Task 6.1 Collaborate with the project team to develop the Interpretive Program Task 6.2 Coordinate internally with City departments to support outreach and education with the Community Advisory and Docent Program Task 6: Waiver de Minimis/CWPP Implementation
Includes preparing RFPs for contractor, contractor oversight, flagging of resources as contractors prepare to remove trees, and preparing and submitting monitoring and daily logs.

Task 7: Rincon will prepare the content for the required sections of the CMP Task 7.1 Tree Removals and Mitigation
Describe and map:
• Highest priority restoration sites and sequence for enhancements at aggregations sites
• Locations and extent of the aggregation sites as well as the secondary and associated area if larger area needs dead tree removals and/or trimming
• Describe means and methods for determining:
• Dead eucalyptus tree removals/trimmings
• Eucalyptus tree planting locations
Task 7.2 Habitat Maintenance
Describe means and methods for determining: CWPP buffer treatments, Emergency tree removals including hazardous trees, Fallen tree removals Mapping of and removal of invasive species (not eucalyptus) Describe approach to irrigation of portions of the grove as maintenance Prepare the integrated Pest Management Program Plan
Prepare the Waste Management Program Plan
Task 7.3 Enhancement
Collaborate with the project team to describe means and methods for studying and tracking weather, canopy data, overall grove health, dead eucalyptus trees, and locations of concentrated decline in the grove
Collaborate with the project team to describe the long-range research that will conducted to understand monarch butterflies and their preferred habitat Describe approach for adaptive management utilizing data collected by weather stations and imagery studies
Describe monitoring program for eucalyptus grove
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Task 7 cont.

Task 7.4 Restoration
Describe means and methods for determining:

Native plant restoration locations
Restoration activities to occur in the riparian corridor along Devereux Creek Other locations for restoration of native habitats within the grove Prepare section regarding the riparian nature of Devereux Creek.

Prepare the Jurisdictional Delineation Report to be included as an appendix Describe approach for engaging with regulatory agencies and partnering agencies
Prepare restoration monitoring section including goals, objectives, success criteria and reporting.

Prepare the Restoration Monitoring Plan to be included as an appendix Task 7.5 Wildlife
Describe data management approach for butterfly, nesting bird and other wildlife survey findings
Describe approach for conducting monarch and wildlife surveys and tracking presence/absence, protocol surveys at aggregations sites and grove-wide Describe goals of enhancement in relationship to annual monarch butterfly overwintering observations
Describe survey results tracking methods and use of survey data in enhancement decisions
Describe methods for quantitative comparisons of data, and analysis to inform enhancement and restoration activities
Task 7.6 Public Access Improvements
Describe approach for public outreach and public education, which will be done in collaboration with the City’s Community Advisory and Docent Program Task 7: Restoration Planting and Monitoring
Incudes identifying locations for native plant restoration, collaborating with the project team to identify locations for replacement eucalyptus tree plantings, biological surveys needed prior to planting, monitoring of plantings, native plant and eucalyptus tree monitoring reports.

Task 8 Project Management
Task 8.1 Rincon will support the City in preparation of the application form and supplemental documents as needed in combination with the CMP, such as the cover letter and Additional Details Appendices if needed.

Task 8.2 In order to ascertain approvals from the City Council, Coastal Commission the and public, we will prepare needed materials, and attend public meetings, workshops, and hearings as needed.
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Task 8.3 Track the progress of application package once it’s submitted to the Coastal Commission, provide responses as needed and coordinate and track overlapping activities, requirements, and reporting for related and subsequent CDPs
Task 8 cont.

Task 8.4 Coordinate with the City and prepare materials to engage with and select contractors as needed
Task 8.5 Provide reports/data/materials as needed for City leadership and the public as needed
Task 8.6 Provide budgets, reports, and documentation for the Conservancy’s Work Programs
Task 8.7 Attend weekly meetings, provide team coordination, and support with other activities as directed by the Open Space Manager.

Task 8: Monitoring, Research, and Adaptive Management
Includes conducting annual monarch butterfly over-wintering surveys, and collaborating with the project team to develop adaptive management strategies for the management plan area.
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Exhibit B-1
Schedule of
Fees
Rincon Consultants, Inc. for Ellwood Mesa Monarch Butterfly Grove Comprehensive Implementation Plan
2022 Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical & Support Personnel* Hourly Rate Principal II $247
Director II $247
Principal I $280
Director I $227
Senior Supervisor II $211
Supervisor I $228
Senior Professional II $212
Senior Professional I $197
Professional IV $174
Professional III $161
Professional II $145
Professional I $108
Associate III $117
Associate II $93
Associate I $84
Project Assistant $92
Senior GIS Specialist $144
GIS/CADD Specialist II $160
GIS/CADD Specialist I $115
Technical Editor $115
Production Specialist $105
Clerical $95
Direct Costs Rate
Photocopies - Black and White $0.20 (single sided) & $0.40 (double sided) Photocopies - Color $1.50 (single sided) & $3.00 (double sided) Photocopies - 11 ڠ17 $0.50 (B & W) & $3.30 (color)
Oversized Maps $8.00/square foot
Reproduction: CDs and USB Flash Drive $15 / disc and $20/flash drive 43 City of Goleta
Amendment No. 1 to Agreement No. 2021-063

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Equipment Day Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $144
Four Gas Monitor $124
Flame Ionization Detector $100
Photo Ionization Detector $75
Hand Auger Sampler $57
Water Level Indicator, DC Purge Pump $41
Natural Resources Field Equipment
UAS Drone $250
Spotting or Fiberoptic Scope $155
Pettersson Bat Ultrasound Detector/Recording Equipment $155 Sound Level Metering Field Package: anemometer, tripod and digital camera. $103 Trimble GPS $190
GPS (sub-meter accuracy) $60
Infrared Sensor Digital Camera or Computer Field Equipment $52 Scent Station $21
Laser Rangefinder/Altitude $10
Pit-fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $8 Mammal Trap, Large/Small $1.50/$.50
Water & Marine Resources Equipment
Boat (26 ft. Radon or Similar) $565
Boat (20 ft. Boston Whaler or Similar) $310
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $155 Water Quality Equipment (DO, pH, Turbidity, refractometer, temperature) $57 Refractometer (salinity) or Turbidity Meter $35
Large Block Eets $103
Minnow trap $88
Eet, Hand/Large Seine $10/$50
Field Equipment Packages
Standard Field Package (digital camera, GPS, thermometer, binoculars, tablet, safety equipment, and botanic collecting equipment) $95
Remote Field Package, (digital camera, GPS, thermometer, binoculars, tablet and mifi, Delorme Satellite Beacon, 24-Hour Safety Phone) $130
Amphibian/Vernal Pool Field Package: (digital camera, GPS, thermometer, decon chlorine, waders, float tube, hand net, field microscope) $155
Fisheries Equipment Package: (waders, wetsuits, dip nets, seine nets, bubblers, buckets) $52 Underwater & Marine Sampling Gear includes: U/W Photo/Video Camera, SCUBA Equipment (Tanks, BCD, Regulators, Wetsuits, etc.) $50/diver
Marine Field Package: (Personal Flotation Devices (PFDs),100 ft. Reel Tapes w/ Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, various Field Guides) $50 Insurance, Hazard & Safety Fees
L & H Dive Insurance $50/diver
Level C Health and Safety $60 person
44 ATTACHMENT 5

PROFESSIONAL DESIGN SERVICES AGREEMENT 2021-057 WITH RRM DESIGN

GROUP, INC

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Project Name: Ellwood Mesa Monarch Butterfly Habitat Management Plan Implementation

AGREEMENT FOR PROFESSIONAL DESIGN SERVICES

BETWEEN THE CITY OF GOLETA
AND

RRM DESIGN GROUP
This AGREEMENT FOR PROFESSIONAL DESIGN SERVICES (herein referred to as “AGREEMENT”) is made and entered into this 1 th day of -XQH 2021, by and between the CITY OF GOLETA , a municipal corporation (herein referred to as "CITY"), and RRM DESIGN GROUP, a California Corporation (herein referred to as "CONSULTANT").

WHEREAS, the CITY has a need for professional design services for a comprehensive implementation plan to manage and enhance the Ellwood Mesa Monarch Butterfly Habitat Management Plan Area; 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 professional services to accomplish this work; and WHEREAS, the CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260 by selecting CONSULTANT from the City’s p re-authorized qualified consultants list for various professional services, which was compiled from a competitive Request for Proposals/Request for Qualifications (R FP/RFQ) process, approved by City Council on December 3, 2019; and
WHEREAS, the City Council, on this 1 th day of -XQH 2021, approved this AGREEMENT and authorized the City Manager to execute the A GREEMENT.

CITY and CONSULTANT agree as follows:

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 qualifications, experience, and facilities to properly and timely perform said services.

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

Professional Design Services in conjunction with the Ellwood Mesa/Sperling Preserve Open Space Monarch Butterfly Habitat Management Plan. Services shall generally include assisting with project 







 
 






 

 














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management, graphic design, trail planning, interpretive progra m design, Devereux Creek restoration conceptual design, planting and irri gation plans, and other landscape architecture, as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.

CONSULTANT shall deliver to CITY the deliverables 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 $188,000 (herein "not to exceed amount"), and shall be earned a s the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marke d Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 2021, after which any change in said rates and expenses mus t 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 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 sh all 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 services described in Section 2, as mutually agreed to in 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 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 shal l 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 George Thomson, Parks 







 
 






 

 













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and Open Space Manager. Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be autho rized to extend the term of 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, 2025, unless term of this AGREEMENT is e xtended, 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 provi ded 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, claim s, 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 profession al services which are personal to CITY. Jeff Ferber is deemed to be specially experienced and is a key member of CO NSULTANT'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 progr ess of the work. Should any such individual be removed fr om assisting in this contracte d work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be as signed or subcontracted without the City Manager’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, liabilities, damag es, costs and expenses, including attorney’s fees and costs, to the extent th e y a r i s e o u t o f , pertain to, or relate to the negligence, recklessness, or willf ul misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONS ULTANT’s 







 
 






 

 













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proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrato r. In the event any loss, liability or damage is incurred by way of settlement or r esolution without a court, jury or arbitrator having made a determination of the CO NSULTANT’s percentage of fault, the parties agree to mediation with a thir d party neutral to determine the CONSULTANT’s proportionate percentage of fault fo r 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, CON SULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents (“Indemnified Parties”) from and against any and all dam ages, costs, expenses (including reasonable attorney fees and expert witness f e e s ) , 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, provid e insurance as described herein. All insurance is to be placed w ith insurers authorized to do business in the State of California 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 Provider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.









 
 






 

 













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c) Workers’ Compensation insurance complying with California wo rker’s compensation laws, including statutory limits for workers’ comp ensation 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, 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 i nsured status under the general liability requirement shall be provided on In surance Services Office Form CG 20 10, with an edition date prior to 20 04, 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 sep arately 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 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 b y t h i s 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 su spended, 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.

f) No liability insurance coverage provided to comply with th is 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.









 
 






 

 













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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 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 requir ements 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 w ill 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 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) 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, CONSULTAN T 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 t o 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 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 actual work performed and charges outstanding at the time of te rmination shall be 







 
 






 

 













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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 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 paymen t 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 a ccuracy and competency of the information provided and/or work performed; n or 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 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 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 omissi ons 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 l aw 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 perm itted or available right of remedy.








 
 






 

 













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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 C ITY 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 gend er 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 Cal ifornia. 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 wit h 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 cu rrent fiscal year, this AGREEM ENT shall cover only those costs incurred up to the conclusion of the current fiscal year. 







 
 






 

 













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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.

25. USE OF THE TERM “CITY”
Reference to “CITY” in this 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 duri ng 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 AGREE MENT on its behalf and bind said party and its respective administrators, o fficers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, 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 for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rend ering 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 wil l nevertheless continue in full force without being impaired or invalidated in any way. 







 
 






 

 













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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:

TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Jeff Ferber, Principal
RRM Design Group
3765 S. Higuera St., Suite 102
San Luis Obispo, CA 93401

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.









 
 






 

 













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CITY OF GOLETA RRM Design Group

_____________________________ _____________________________ Michelle Greene, City Manager Jeff Ferber, Principal

A T T E S T

_____________________________ _____________________________ Deborah Lopez, City Clerk Erik Justeen, Chief Executive Off icer

APPROVED AS TO FORM:

MICHAEL JENKINS, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney









 
 







 

 














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Exhibit A
Scope of Work
RRM Design Group for Ellwood Mesa Monarch Butterfly Grove Comprehensive Implementation Plan

CONSULTANT shall provide project management assistance and professional landscape architectural services to support the ongoing resource manageme nt and enhancement tasks underway by the City of Goleta. The complexity of the El lwood Mesa Monarch Butterfly Grove requires a diverse approach to address regulatory permitting, community engagement, tree management, trail design, protection of sensitive natural resources, fuel reduction, and other issues outlined in the City’s Monarch Butterfly Habitat Management Plan. CONSULTANT prov ides professional expertise to assist with developing a comprehensive implementation plan that meets the goals and further defines the specific actions outlined in the Monarch Butterfly Habitat Management Plan.

Task A.01 Project Management : Assist City with Project Management, including development of a project management framework to include web-based software, leading project team meeting moderation, and drafting and distribution of team meeting minutes and follow-up items.

Deliverables: Communication with consultant team and City; web- based project management services; Moderation of at least 20 weekly project t eam meetings and distribution of meeting minutes.

Task A.02 Public Workshops/City Council Approvals : Administer two public workshops (may be virtual), including development and organizat ion of presentation materials, moderation of the workshops, and follow-up surveys. RRM will also provide project support at City Council meetings, including assistance with presentation materials.

Deliverables: Support materials and surveys for two public workshops and support materials for two City Council meetings.

Task B.01 Graphic Design: Provide graphic design for various outreach, permitting, and construction-related publications. Graphic design will aim to provide clear, concise, and scientifically supported explanations of proposed habitat management actions, educational topics for site signage, and other items outlined i n the Habitat Management Plan.

Deliverables: Project poster to convey project status updates a nd additional graphic design support as needed; one draft habitat management plan pam phlet and one final habitat management plan pamphlet.








 
 






 

 













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Task B.02 Conceptual Public Access Plan : Develop a public access plan and wayfinding signage to clearly define existing public access, ac cess during construction, and any proposed closures and new access ways.

Deliverables: One on-site meetin g with City; one draft public a ccess concept plan; one final public access concept plan.

Task B.03 Conceptual Creek Restoration Plan: Design a conceptual creek restoration plan, in conjunction with the project team and regulatory agenc i e s , f o r t h e p o r t i o n o f Devereux Creek within the project site boundaries. The restoration plan will be confined to the riparian corridor and will rely on callouts, description s, and photographs to define the conceptual creek restoration plan.

Deliverables: one conceptual creek restoration plan and one fin al conceptual creek restoration plan.

Task B.04 Ellwood North Aggregation Site Improvement Plans : Finalize landscape plans and construction documents for the Ellwood North Monarch Butterfly Aggregation Site Enhancement, including tree protection plans, planting and irrigation plans and details, technical specifications, and cost estimates.

Deliverables: one site visit; 75% construction documents and construction cost estimate; one final bid set construction documents and construction cost estimate.

Task B.05 Conceptual Interpretive Program : Develop a conceptual interpretive signage program to include signage locations, panel topics, and signage display standards to enhance visitors’ understanding and appreciation o f the Ellwood Mesa Monarch Butterfly Grove and associated natural history.

Deliverables: content research and acquisition; one draft inter pretive program; one final interpretive program.

Task B.06 Coastal Development Permit (CDP) Application Package : Assist with the CDP application package, including providing supporting graphic s and compiling and organizing information from other team members into a cohesive permit application.

Deliverables: One draft CDP application package and one final CDP application package.









 
 






 

 













58 EXHIBIT % SCHEDULE 2))((6
Bill Rate Ranges

ARCHITECTURE INTERIOR DESIGN
Architect 95$ - 155$ Designer I 55$ - 85$ Assistant Manager of Architecture 130$ - 195$ Designer II 65$ - 115$ Design Director 145$ - 235$ Interior Designer I 75$ - 125$ Designer I 70$ - 100$ Interior Designer II 90$ - 150$ Designer II 80$ - 125$ Intern 45$ - 80$ Designer III 90$ - 150$ Senior Interior Designer 110$ - 195$ Intern 45$ - 80$
Job Captain 90$ - 150$ LANDSCAPE ARCHITECTURE Manager of Architecture 145$ - 255$ Assistant Designer 70$ - 110$ Principal 180$ - 350$ Associate Designer 80$ - 125$ Project Architect 110$ - 185$ Designer 95$ - 135$ Project Designer 110$ - 175$ Intern 45$ - 80$ Project Manager 110$ - 185$ Landscape Architect 95$ - 145$ Senior Architect 135$ - 220$ Manager of Landscape Architecture 150$ - 240$ Senior Designer 135$ - 210$ Principal 180$ - 350$ Senior Project Manager 135$ - 230$ Principal Landscape Architect 135$ - 230$ Senior Designer 105$ - 160$
ENGINEERING & SURVEYING Senior Landscape Architect 110$ - 175$ Construction Inspector 105$ - 155$
Designer I 55$ - 95$ PLANNING
Designer II 75$ - 120$ Assistant Planner 75$ - 115$ Designer III 90$ - 135$ Associate Planner 90$ - 150$ Engineer I 85$ - 130$ Intern 45$ - 80$
Engineer II 105$ - 160$ Manager of Planning 145$ - 240$ Land Surveyor 115$ - 160$ Principal 180$ - 350$ Manager of Engineering Services 170$ - 280$ Principal Planner 140$ - 230$ Manager of Surveying 150$ - 230$ Senior Planner 115$ - 185$ Party Chief 90$ - 140$
Principal 180$ - 350$ CORPORATE SERVICES
Project Engineer 125$ - 175$ Accounting Specialist 60$ - 110$ Project Manager 145$ - 230$ Business Development Coordinator 85$ - 135$ Senior Designer 110$ - 185$ Chief Executive Officer 195$ - 500$ Senior Land Surveyor 130$ - 195$ Graphic Designer 80$ - 135$ Senior Party Chief 115$ - 180$ Marketing Manager 110 $ - 220$ Senior Project Engineer 135$ - 225$ Marketing Specialist 90$ - 150$ Supervisor of Surveying 135$ - 205$ Office Coordinator 70$ - 125$ Survey Technician I 60$ - 90$ Project Accountant 65$ - 135$ Survey Technician II 75$ - 115$ Project Administrator 70$ - 125$ Survey Technician III 90$ - 155$ Receptionist 40$ - 80$ Surveying Crew Rates

REGULAR
One person w/ GPS or Robotic Workstation 125$ - 155$ Two person 175 $ - 290$
Three person 235 $ - 390$

PREVAILING WAGE
One person w/ GPS or Robotic Workstation 150$ - 180$ Two person 225 $ - 340$
Three person 325 $ - 490$
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59 ATTACHMENT 6

ALTHOUSE & MEADE, INC. PROFESSIONAL SERVICE AGREEMENT 2021-056

60 City of Goleta
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Project Name: Ellwood Mesa Monarch Butterfly Habitat Management Plan Implementation

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF GOLETA
AND
ALTHOUSE AND MEADE, INC.

This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this th day of -XQH, 2021, by and between the CITY OF GOLETA , a municipal corporation (herein referred to as "CITY"), and ALTHOUSE AND MEADE, INC., a California Corporation (herein referred to as "CONSULTANT").

WHEREAS, the CITY has a need for professional services for a comprehensive implementation plan to manage and enhance the Ellwood Mesa Monarch Butterfly Habitat Management Plan Area; and
WHEREAS, the CITY does not have the personnel 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 CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260 by selecting CONSULTANT from the City’s pre-authorized qualified consultants list for various professi onal services, which was compiled from a competitive Request for Proposals/Request for Qualifications (RFP/RFQ) process, approved by City Council on December 3, 2019; and
WHEREAS, the City Council, on this 
th day of -XQH, 2021, approved
this AGREEMENT and authorized the City Manager to execute the AGREEMENT.

CITY and CONSULTANT agree as follows:

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 qualifications, experience, 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 in conjunction with the Ellwood Butterfly Habitat Management Plan. Services shall generally include biological surveys, mapping, modelling, eucalyptus grove assessments, and recommendations 



 

  














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to enhance monarch butterfly habitat, as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.

CONSULTANT shall deliver to CITY the deliverables 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 $245,000 (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 December 31, 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 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 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.

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 in 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 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 George Thomson, Parks and Open Space Manager. Project Manager shall have the authority to act on behalf of 



 

  













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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.

6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2025, 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. Daniel Meade 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 HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, age nts, and employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, to CONSULTANT’s contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under this AGREEMENT.




 

  













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(b) Defense and Indemnity of Third-Party Claims/Liability. CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSULTA NT’s officers, agents, employees, representatives, subconsultants, or subc ontractors, or the willful misconduct of CONSULTANT or any of CONSULTANT’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, attorney fees, expert witness costs, investigation costs, 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 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 Office Commercial 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 vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy. c) Workers’ Compensation insurance 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. 



 

  













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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 to the limits of the insurer’s liability. Coverage will not be limited to CITY’s 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) 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. f) No liability insurance coverage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s employees, or agents, from waiving the right of recovery pr ior 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.




 

  













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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. 



 

  













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




 

  













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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 fi scal 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. 



 

  













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25. USE OF THE TERM “CITY”
Reference to “CITY” in this 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, ag ents, 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:




 

  













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TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Daniel Meade, Vice President
Althouse and Meade, Inc.
1602 Spring Street
Paso Robles, CA 934463765

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 Althouse and Meade, Inc.
_____________________________ _____________________________ Michelle Greene, City Manager LynneDee Althouse, President ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Daniel Meade, Vice President APPROVED AS TO FORM:

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




 

  














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Exhibit A
Scope of Work
Althouse and Meade, Inc. for Ellwood Mesa Monarch Butterfly Habitat Management Plan Implementation
CONSULTANT shall provide scientific and technical expertise to support the ongoing resource management and habitat enhancement efforts underway by the City of Goleta at the Ellwood Mesa Monarch Butterfly Grove. The complexity of the Ellwood Mesa Monarch Butterfly Grove requires a diverse approach to address regulatory permitting, community engagement, tree management, trail design, protection of sensitive natural resources, fuel reduction, and other issues outlined in the City’s Monarch Butterfly Habitat Management Plan (MBHMP). CONSULTANT provides scientific, biological, and other technical expertise to assist with developing a comprehensive implementation plan that meets the goals and further defines the specific actions outlined in the MBHMP.

Task 1. Project Management Meetings. Participate in project meetings with City of Goleta, consultant team, contractors, and community workshops.

Deliverables: Attendance at meetings as directed by the City. Provide expertise, information, historical perspective, and recommendations to benefit project planning and monarch butterfly habitat restoration. Participate in two Community Workshops.

Task 2. Prepare Request for Proposals (RFxs), Interviews, and Contracts. Assist with the development of Request for Bids, Request for Proposal, and other solicitations for contractor and consultant work.

Deliverables: Review RFxs prepared by the City and provide guidance regarding contractor and consultant work plans to ensure consistency with the MBHMP.

Task 3. Site Inspections. Conduct on the ground site inspections at Ellwood Mesa for project planning.

Deliverables: Planting exhibits for butterfly tree restoration locations and pollinator enhancements, memos and communications regarding aggregation enhancement and grove management measures.

Task 4. Grove Assessment with LiDAR. Conduct aerial survey to generate data, including color optical images, multi-spectral, and lidar data and conduct data processing.

Deliverables: Point Cloud, Vectors, and Surface Models from Lidar; Imagery and Vectors from Digital Orthophotos; Tree and Canopy Metrics.

Task 5. Hemispherical photographic assessment of forest canopy structure.

Sampling of forest structure (basal area) through plots and transects and the use of 



 

  













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historical photographs from the 1990s will be used to determine wind and insolation parameters. The acceptable environmental envelope for monarchs will be estimated from fine-scale occupancy patterns at Elwood and other sites.

Deliverables: Hemispherical photographs and Hemiview analyses, transect data.

Task 6. Forest Structure Analysis from LiDAR. Provide analyses of information from Lidar data, including windbreak structures, gap structures, forest size structure, and live- dead stems and correlate with hemispherical photography and ground transects.

Deliverables: Analysis of current forest conditions, maps and graphics, sample cross sections of structures, correlations with hemispherical photographs, and initial zonation of forest into windbreak, cluster sites, and matrix. Will include a set of initial recommendations for management actions (tree planting, dead tree removal).

Task 7. Climate and forestry analysis. Analyze the intensity of the recent drought, projected droughts, and assessment of the density of trees that can be supported over the coming decades using LANDSAT images and the California Basin Characterization Model that includes annual Climatic Water Deficit.

Deliverables: Time series graphs and statistics, guidelines on desirable range of stem densities for different parts of Elwood complex, Projections of forest growth rates.

Task 8. GIS production. Mapping to synthesize Tasks 1-3 and finalize analysis.

Deliverables: Geodatabase with LiDAR maps, and output maps, tables, and analyses for inclusion in final implementation plan recommendations and report.

Deliverables: GIS data, map layers, analyses, and report graphics and tables.

Task 9. Final Report. Site-specific management plan to define actions such as snag removal and tree planting of various species to create windbreaks and cluster areas within the Ellwood complex; consideration and coordination with other plans (fire, creek restoration); and description of long-term adaptive management planning process.

Deliverables: final report for inclusion in comprehensive implementation plan.

Task 10. Tree Health Multispectral Analysis. Analyze multispectral data of eucalyptus groves collected via aerial survey to assess habitat quality for monarch butterflies. Data will include color and near-infrared orthomosaics of the eucalyptus grove with resolution not exceeding 1 in/px and georeferenced within 10cm accuracy. Analyze the data and report on grove canopy cover, tree health, and changes since data collected previously in 2017. Multi-spectral imagery will identify live foliage and estimate health of that foliage as abundance of chlorophyll in the canopy. Chlorophyll abundance can be compared over a time series to detect tree health and track tree health trajectory.

Deliverables: Multispectral data collection flights, final report and analysis comparing condition to 2017 and setting baseline condition.




 

  













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Task 11. Collaborative Decisions. Develop habitat enhancement and restoration recommendations and implementation plans for project permitting decisions with expertise regarding monarch butterfly biology and behavior.

Deliverables: project team meetings and communications regarding preferred implementation actions with regards to monarch butterfly biology and behavior.

Task 12. Implementation Work Programs. Participate with project team in preparation of work programs by contractors, city staff, or volunteers.

Deliverables: Review work programs, provide edits and recommendations.





 

  













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Exhibit B
Schedule of Fees

PLOTS The following charges will apply for color paper plots generated by the graphics and GIS systems: $1.00 for 8½xll, $1.25 for llx17, $24.00 for 24x36, and $36.00 for 36x48. There will be a charge of $5.00 for each non-color paper plot and $15.00 for each mylar plot. REPRODUCTION In-house reproduction will be charged at $0.10 per page for black and white and $1.00 per page for color.




 

  













74 ATTACHMENT 7

PROFESSIONAL SERVICES AGREEMENT 2021-063 WITH RINCON

CONSULTANTS, INC

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Project Name: Ellwood Mesa Monarch Butterfly Habitat Management Plan Implementation

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.

This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this 1 t h d a y o f -XQH, 2021, by and between the CITY OF GOLETA , a municipal corporation (herein referred to as "CITY"), and RINCON CONSULTANTS, INC., a California Corporation (herein referred to as "CONSULTANT").

WHEREAS, the CITY has a need for professional design services for a comprehensive implementation plan to manage and enhance the Ellwood Mesa Monarch Butterfly Habitat Management Plan Area; 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 professional services to accomplish this work; and WHEREAS, the CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260 by selecting CONSULTANT from the City’s pre-authorized qualified consultants list for various professional services, w hich was compiled from a competitive Request for Proposals/Request for Qualifications (R FP/RFQ) process, approved by City Council on December 3, 2019; and
WHEREAS, the City Council, on this 1 
th day of -XQH 2021, approved
this AGREEMENT and authorized the City Manager to execute the A GREEMENT.

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, experience, 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 in conjunct ion with the Ellwood Butterfly H a b i t a t Management Plan. Services shall generally include biological s urveys, mapping, wetland delineation, wildfire fuel assessments, and permit 







 
 











 
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preparation, as more particularly set forth in the Scope of Wor k, attached as Exhibit “A,” and incorporated herein.

CONSULTANT shall deliver to CITY the deliverables 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 $158,000 (herein "not to exceed amount"), and shall be earned a s the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marke d Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 2021, after which any change in said rates and expenses mus t 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 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 sh all 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 services described in Section 2, as mutually agreed to in 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 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 shal l b e p a r t o f t h e t o t a l 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 Mana ger", as that staff person is designated by CITY from time to time, and who presently is George Thomson, Parks and Open Space Manager. Project Manager shall have the authori ty to act on behalf of 







 
 











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the CITY in administering this AGREEMENT but shall not be autho rized to extend the term of 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, 2025, 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 provi ded 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), inclu ding 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. Dan Meade 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 progr ess of the work. Should any such individual be removed from assisting in this contracte d 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 HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, los ses, injuries or liability to CONSULTANT, to CONSULTANT's employees, to CONSULTA NT’s contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required un der this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connec ted, directly or indirectly, with CONSULTANT's performance of any activity or wo rk required under this AGREEMENT.








 
 











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(b) Defense and Indemnity of Third Party Claims/Liability. CONSULTANT shall investigate, defend, and indemnify CITY, its elected offi cials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, perso nal injury, wrongful death, general liability, automobile, infringement of copyright/patent /trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSULTANT’s officers, agents, employee s, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, in performing the services d escribed 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, attorney fees, expert witness costs, investigation costs, 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 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, provid e 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 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 Provi der owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.

c) Workers’ Compensation insurance complying with California wo rker’s compensation laws, including statutory limits for workers’ comp ensation and an Employer’s Liability limit of $1,000,000 per accident or disease.









 
 











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d) Professional liability insuran ce 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 i nsured status under the general liability requirement shall be provided on In surance Services Office Form CG 20 10, with an edition date prior to 20 04, 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 sep arately 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 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 per iod 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) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be su spended, 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.

f) No liability insurance coverage 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 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 







 
 











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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 requir ements 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 w ill 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 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) 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 a n o f f i c e r , a g e n t , 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 t o 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 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 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 such event, CONSULTANT shall be compensated only to the extent required by law. 







 
 











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14. ACCEPTANCE OF FINAL PAYMENT 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 claims and liabilities for compensation to CONSULTANT for anything done, furnished, or rel ating 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 paymen t 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; n or 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 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 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 omissi ons 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 l aw 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 perm itted 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.








 
 











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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 gend er 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 Cal ifornia. 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 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 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 AGREEM ENT 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. 







 
 











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25. USE OF THE TERM “CITY”
Reference to “CITY” in this 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 duri ng 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, o fficers, directors, shareholders, divisions, subsidiaries, agents, employees, succe ssors, 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 rend ering 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 wil l 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:








 
 











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TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Chris Julian, Principal
Rincon Consultants, Inc.
209 East Victoria 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.

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









 
 











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CITY OF GOLETA Rincon Consultants, Inc.
_____________________________ _____________________________ Michelle Greene, City Manager Steven Hongola, Vice Pres ident ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Lacrissa Davis, Chief Financial Officer APPROVED AS TO FORM:

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








 
 












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Public Works Department and Rincon Consultants, Inc.

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Exhibit A
Scope of Work
Rincon Consultants, Inc. for Ellwood Mesa Monarch Butterfly Grove Comprehensive Implementation Plan
CONSULTANT shall provide professional expertise to support the ongoing resource management and enhancement tasks underway by the City of Goleta. The complexity of the Ellwood Mesa Monarch Butterfly Grove requires a diverse app roach to address regulatory permitting, community engagement, tree management, trail design, protection of sensitive natural resources, fuel reduction, and other issue s outlined in the City’s Monarch Butterfly Habitat Management Plan. CONSULTANT provides scientific, computer modeling, and other biological expertise to assist with developing a comprehensive implementation plan that meets the goals and further defines the specific actions outlined in the Monarch Butterfly Habitat Management Plan.

Task 1: Tree Removals & Mitigation
Task 1.1 Collaborate with the project team to identify replacement tree planting locations for first aggregation site, Ellwood Main
Task 1.2 Identify and collect data for dead eucalyptus trees to trim and remove for:

Hazard (threating private property and/or trails) mitigation, grove-wide Implementation of the Community Wildfire Protection Program, grove-wide Task 1.3 Identify native plant restoration location for Ellwood Main Task 1.4 Utilize tree/grove imagery data collected by project team to update applicable tree inventory data at aggregation sites as applicable Task 1.5 Assess tree health and identify threats at priority aggregation sites under the MBHMP Tree Management Program as needed
Task 2: Habitat Maintenance
Task 2.1 Identify locations where CWPP buffer treatments will be conducted and provide oversight during treatments
Task 2.2 Support the need for emergency tree removals (including) hazardous and fallen trees as needed
Task 2.3 Conduct a survey for non-native and invasive botanic species and map areas of highest need for removals of invasive species
Task 2.4 Review the need/feasibility of irrigating specific portions of the grove Task 3. Enhancement Activities
Task 3.1 Collaborate with the project team to understand the long-range research studies being conducted
Task 3.2 Collaborate with the project team to utilize weather and imagery data collected and determine approach for adaptive management of the grove Task 3.3 Collaborate with the project team to track ecosystem-wide tree and vegetation health using multispectral imaging








 
 











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Public Works Department and Rincon Consultants, Inc.

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Task 4. Restoration Activities
Task 4.1 Identify native planting locations to occur in relationship to the Ellwood Main aggregation site
Task 4.2 Collaborate with project team to finalize comprehensive list of native plant species to install in restoration areas
Task 4.3 Collaborate with the project team and identify restoration activities to occur in the riparian corridor along Devereux Creek
Task 4.4 Conduct Jurisdictional Delineation (JD) at Devereux Creek and prepare a JD report
Task 4.5 Prepare and submit application packages to regulatory agencies for Devereux Creek restoration activities for temporary impacts during euc removals (assumes regulated by all 3 agencies)
Task 4.6 Identify other locations for restoration of native habitats within the grove Task 4.7 Support the City in engaging with regulatory agencies Task 4.8 Develop monitoring program for the grove in collaboration with the project team, utilizing data collected during studies
Task 4.9 Conduct a survey and records search of cultural resources and engage USACE for compliance with Section 106
Task 5 Protection/Monitoring Measures for Monarchs and Wildlife Task 5.1 Conduct wildlife (other than butterfly or nesting birds) surveys as needed
Task 5.2 Review wildlife survey data from other consultants regarding nesting birds, etc.

Task 5.3 First Protocol monarch survey
Task 6 Public Access Improvements
Task 6.1 Collaborate with the project team to develop the Interpretive Program Task 6.2 Coordinate internally with City departments to support outreach and education with the Community Advisory and Docent Program Task 7: Rincon will prepare the content for the required sections of the CMP Task 7.1 Tree Removals and Mitigation
Describe and map:
x Highest priority restoration sites and sequence for enhancements at aggregations sites
x Locations and extent of the aggregation sites as well as the secondary and associated area if larger area needs dead tree removals and/or trimming
x Describe means and methods for determining:
x Dead eucalyptus tree removals/trimmings
x Eucalyptus tree planting locations
Task 7.2 Habitat Maintenance
Describe means and methods for determining: CWPP buffer treatments, Emergency tree removals including hazardous trees, Fallen tree removals 







 
 











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Public Works Department and Rincon Consultants, Inc.

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Task 7 cont.

Mapping of and removal of invasive species (not eucalyptus) Describe approach to irrigation of portions of the grove as maintenance Prepare the integrated Pest Management Program Plan
Prepare the Waste Management Program Plan
Task 7.3 Enhancement
Collaborate with the project team to describe means and methods for studying and tracking weather, canopy data, overall grove health, dead eucalyptus trees, and locations of concentrated decline in the grove
Collaborate with the project team to describe the long-range research that will conducted to understand monarch butterflies and their preferred habitat Describe approach for adaptive management utilizing data collected by weather stations and imagery studies
Describe monitoring program for eucalyptus grove
Task 7.4 Restoration
Describe means and methods for determining:

Native plant restoration locations
Restoration activities to occur in the riparian corridor along Devereux Creek Other locations for restoration of native habitats within the grove Prepare section regarding the riparian nature of Devereux Creek. Prepare the Jurisdictional Delineation Report to be included as an appendix Describe approach for engaging with regulatory agencies and partnering agencies
Prepare restoration monitoring section including goals, objectives, success criteria and reporting. Prepare the Restoration Monitoring Plan to be included as an appendix
Task 7.5 Wildlife
Describe data management approach for butterfly, nesting bird and other wildlife survey findings
Describe approach for conducting monarch and wildlife surveys and tracking presence/absence, protocol surveys at aggregations sites and grove-wide Describe goals of enhancement in relationship to annual monarch butterfly overwintering observations
Describe survey results tracking methods and use of survey data in enhancement decisions
Describe methods for quantitative comparisons of data, and analysis to inform enhancement and restoration activities
Task 7.6 Public Access Improvements
Describe approach for public outreach and public education, which will be done in collaboration with the City’s Community Advisory and Docent Program Task 8 Project Management
Task 8.1 Rincon will support the City in preparation of the application form and supplemental documents as needed in combination with the CMP, such as the cover letter and Additional Details Appendices if needed. 







 
 











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Task 8.2 In order to ascertain approvals from the City Council, Coastal Commission the and public, we will prepare needed materials, and attend public meetings, workshops, and hearings as needed.

Task 8.3 Track the progress of application package once it’s submitted to the Coastal Commission, provide responses as needed and coordinate and track overlapping activities, requirements, and reporting for related and subsequent CDPs
Task 8.4 Coordinate with the City and prepare materials to engage with and select contractors as needed
Task 8.5 Provide reports/data/materials as needed for City leadership and the public as needed
Task 8.6 Provide budgets, reports, and documentation for the Conservancy’s Work Programs
Task 8.7 Attend weekly meetings, provide team coordination, and support with other activities as directed by the Open Space Manager. 







 
 











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