Agenda Item B.13
CONSENT CALENDAR
Meeting Date: September 6, 2022
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Melissa Nelson, Environmental Manager
SUBJECT: Professional Services Agreement with Dudek for Stormwater and Watershed Technical Services
RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement with Dudek for Stormwater and Watershed Te chnical Services, with a contract authority not-to- exceed total of $384,000 with a termination date of June 30, 2024.
BACKGROUND:
The Solid Waste and Environmental Services Division requested proposals from qualified firms to provide various stormwater and watershed technical services to the City, related to tasks required by the City’s National Pollution Discharge Elimination System (NPDES) Municipal Sources 4 (MS4) Phase II Permit and the City’s Creek and Watershed Management Plan (CWMP).
On April 1, 2022, the Solid Waste and Environmental Services Division issued four Requests for Proposals (RFPs) for various stormwater and watershed technical services.
RFP List (issued April 1, 2022 – proposals due April 29, 2022):
1. RFP2022-001 Baseline Stormwater Services
2. RFP2022-002 Creek and Watershed Management Services
3. RFP2022-003 Water Quality Sampling Services
4. RFP2022-004 Watershed Technical Services.
DISCUSSION:
On April 1, 2022, two Request for Proposals w ere advertised and issued on PlanetBids for a consultant to perform Baseline Stormwater Services and Creek and Watershed Management Services including:
RFP2022-001 Baseline Stormwater Services:
1 Meeting Date: September 6, 2022
1. NPDES Municipal Sources 4 (MS4) Phase II Permit Requirements : General project and program management tasks related to maintaining compliance with the City’s NPDES MS4 permit.
2. Prepare and Submit Reports: Prevention and Early Intervention Program (PEIP) and Post Construction Report by September 1 of each year to the City and by October 1 of each year to Stormwater Multiple Application and Report Tracking System (SMARTS).
3. Perform: Illicit Discharge Detection and Elimination (IDDE) investigations, annual rainy season 303(d) monitoring and dry weather sampling, Stormwater Pollution Prevention Plan (SWPPP) inspections , quarterly Best Management Practice (BMP) evaluations, annual inspections of all City facilities for hot spots, mail Notices of Violation (NOV), two On Land Visual Trash Assessments (OVTAs) per year, and required training for staff, contractors, and private developers. Maintain the City’s Master Compliance tracker monthly with major annual updates and distribute monthly Our Water Our World (OWOW) flyers to three businesses in Goleta.
RFP2022-002 Creek and Watershed Management Services:
1. Creek and Watershed Project Management: General project and program management tasks related to the Creek and Watershed Manageme nt Plan (CWMP) implementation; and
2. Grant and Funding Pursuit: Identification of outside grants or funding opportunities related to stormwater, watershed protection, materials sustainability, trash pollution reduction, or items within the Environmental Serv ices scope. Includes regimented updates to staff in a timely manner for pursuit, maintenance, and tracking. Grant pursuit including application preparation, submittal, and project management.
On the due date of April 29, 2022, one proposal was received from Dudek for Creek and Watershed Management Services and 4 proposals were received from the following firms for Baseline Stormwater Services:
1. Dudek
2. MNS Engineers
3. Willdan Engineering
4. Environmental Compliance Specialist LLC.
Public Works Staff evaluated the proposals from the four firms. Dudek was selected to provide the requested services based on their knowledge, expertise, and experience.
2 Meeting Date: September 6, 2022
GOLETA STRATEGIC PLAN:
Watershed and Stormwater Management services are connected to Goleta’s Creek and Watershed Management Plan, the result of collaboration with the local community to develop a comprehensive plan to protect the environmental health and sustainability of Goleta’s creeks, beaches, watersheds, and habitats.
City-Wide Strategy: 1. Support Environmental Vitality
Strategic Goal: 1.3 Adopt best practices in sustainability
FISCAL IMPACTS:
There are sufficient funds in FY 22/23 Adopted Budget for the Watershed “General Support” and “Creek and Watershed Management Implementation .” No additional appropriation is requested.
Stormwater and Watershed Technical Services, FY 22/23
Fund Type Account Current
Budget
YTD
Actuals
Total
Remaining
Budget
211- Solid
Waste & Env.
Services
211-50-5900-51200 $514,000 $0 $514,000
Total $514,000 $0 $514,000
ALTERNATIVES:
Other alternatives could be to delay the implementation of the Creek and Watershed Management Plan and/or not award a contract for Stormwater Management Services, which may have impacts on Goleta’s watersheds as well as the potential for environmental non-compliance and environmental liability.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Agreement for Professional Services Between the City of Goleta and Dudek for Stormwater and Watershed Management Services
3 ATTACHMENT 1
Agreement for Professional Services Between the City of Goleta and Dudek for Stormwater and Watershed Management Services
4 City of Goleta
Public Works and Dudek
Project Name: Stormwater and Watershed Management Services
AGREEMENT FOR PROFESSIONALSERVICES
BETWEEN THE CITY OF GOLETA
AND
DUDEK
This AGREEMENT FOR PROFESSIONALSERVICES (herein referred to as “AGREEMENT”) is made and entered into this 6th day of September, 2022, by and between the CITY OF GOLETA, a municipa l corporation (herein referred to as " CITY"), and DUDEK, a Ca lifornia Co rporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional baseline stormwater, creek and watershed management services for Stormwater and Watershed Management Services; and
2. 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
3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260.
4. The City Council, on this 6th day of September 2022, approved this AGREEMENT and authorized the City Manager to execute the AGREEMENT.
SECTION B. TERMS
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2.
CONSULTANT warrants it has the qualifications, e xperience, a nd f acilities 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 Stormwater and Watershed Management Services shall generall y in clude project DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 5 City of Goleta
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and program management services as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.
3. COMPENSATION AND PAYMENT
(a) Maximum and Ra te. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $384,000 (herein "not to exceed amount"), for an authorized amount $192,000 for Fiscal Year 2022/23, $192,000 for Fiscal Year 2023/24 and shall be earned as the work progresses on the following basis:
Hourly a t 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 up on CONSULTANT until June 30, 2024, af ter which any change in said rates and expenses must be approved in writ ing 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 Projec t M anager, as describ ed 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 e xtra service s by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement . Any compensation for extra 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 accomplishe d under the general direction of, and coordinate with, CITY's "Project Manager", as DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 6 City of Goleta
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that staff person is designated by CITY from time to time, a nd who presently is Melissa Nelson. Project Manager shall have the authority to act on behalf of the CITY in admi nistering 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 t his AGREEMENT is from the date first written above to June 30, 2024, unless term of th is AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be perfo rmed until (i) CONSULTANT furnishes proof of ins urance 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 drawin gs, designs, data, photographs, reports and othe r documentation (other than CONSULTANT's drafts, notes and internal memorandum), including duplic ation of same prepared by CONSULTANT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate posse ssion of the sam e upon completion of and payment for the work under this AGREEMENT, or at any earlier or later time when requeste d 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 person al t o CITY. Jane Gray is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly in volved i n the performance of this work. This key person shall communicate with, and periodically report to, CIT Y on t he 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, agents, a nd employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or lia bility to CONS ULTANT, to CONSULT ANT's employees, to CONSULTANT’s contractors or subcontractors, or to the owners of DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 7 City of Goleta
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CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTA NT is on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required und er this AGREEMENT.
(b) Defense a nd Indemnity of Third Party Claims/Liability.
CONSULTANT shall investigate, defend, and i ndemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability in cluding, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liabil ity, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error , negligence, or omi ssion of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, s ubconsultants, or subcontractors , or the willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, sub consultants, or subc ontractors, in performing the services described in, or normally associated with, this typ e 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 adjusti ng 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 , defen se or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CI TY, of any insuranc e certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole co st and e xpense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in th e State of Californ ia with an A.M. Best and Company rating of A - or better, Class V II or better, or as ot herwise 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 o ccurrence and $2,000,000 general aggregate.
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 8 City of Goleta
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b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liabi lity, including hir ed and non -owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Pro vider owns no vehicle s, 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.
d) Professional l iability insurance that covers the services to be performed in connection with this agreement, in the min imum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liability insurance, CITY, its employees, officials, agents and mem ber agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work perfor med or related to t he 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 20 04, or its equivalent. Additional insured status for completed operations shall b e 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 sui t 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 ef fective date of thi s agreement. CONSULTANT agrees to maintain continuous coverage through a period no les s than three years a fter com pletion of th e services required by this agreement.
d) Except for professional liability insurance, l iability coverage shal l be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (includi ng the workers’ comp ensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in cove rage or in limits DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 9 City of Goleta
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except after 30 days’ prior written notice has been given to CITY.
Such provision shall not include any li mitation 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 o f 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 th e Contract certificates of insurance and required endorsements.
h) There shall be no r ecourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failu re, actual or alleg ed, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of an y rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the ev ent any policy of i nsurance required under this AGREEMENT does not comply with these requirements or is canceled and not repl aced, CITY has the ri ght 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 pr ovide immedia te 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 moni tor 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, s ervant 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.
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 10 City of Goleta
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12. CORRECTIONS
In addition to the ab ove 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 reasonabl y 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 witho ut cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice pe riod need be given. In the event of termination, CONSULTANT shall have the right and obligation to immed iately assemble work in prog ress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the tim e of termination sh all be payable by CITY to CONSULTANT within 30 days following submission of a final st atement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operat e 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 writte n extra compensation claim within 10 calendar days of the receipt of that check.
However, approval or payment by CITY shall not constitute, n or be deemed, a release of the responsibility and liability of CONSULTANT, its employe es, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval o r payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or err or in the work prepa red by CONSULTANT, it s employees, subcontractors, agents and consultants.
15. AUDIT OF RECORDS
At any time during normal business hour s and as often as i t may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all i ts recor ds with respe ct 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 a nd project records f or at le ast two years after termination or final payment under this AGREEMENT.
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 11 City of Goleta
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16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to i nsist upon the stri ct performance of any of the provisions of this AGREEMENT by the other party, irrespec tive 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 ot her party in the future. No waiver by a party of a default or breach of the other party shall be effecti ve or binding upon such part y unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any actio n with respect to s uch 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 cumula tive and alternative , and in vocation of a ny 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 off icial that has a financial i nterest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common me aning of purpose of providing a public benefit and not strictly for or against any party. It shall be co nstrued consistent w ith the provisions hereof, in order to achieve the objectives and purposes of the parties.
Wherever required by the context, the s ingular shall inclu de the plural and vice versa, and the masculine gender shall include the feminine or n eutral 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 a nd obligations of th e parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should litigation occur, venu e shall be in Super ior Court of Santa Barbara County.
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 12 City of Goleta
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21. NONDISCRIMINATION
CONSULTANT shall not discrimina te on the basis of r ace, 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 c omplete Request for T axpayer 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 bu dget and within an av ailable, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for p ayment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.
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 h eadings in this AGREEMENT are for convenience only and in no other way define, limit o r describe the scope or intent of any pro vision or section of the AGREEMENT.
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 13 City of Goleta
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28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its beh alf and bind said party and its respective administrators, officers, directors, shareh olders, divisions, s ubsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted repr esentations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the pa rties hereto with r espect 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 w ithout being impaire d or inv alidated in a ny way.
31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing sa id notice in the Un ited 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: Jane Gray,
Dudek
621 Chapala Street
Santa Barbara, CA 93101
With a copy to:
Dudek
605 3rd Street
Encinitas, CA 92024
Attn: Legal Dept.
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 14 City of Goleta
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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 an d witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________________ Michelle Greene, City Manager Joe Monaco, President/CEO
ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Emily Hart, Assistant Secretary
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 15 City of Goleta
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EXHIBIT A
Scope of Work
Consultant shall provide the following services:
STORMWATER MANAGEMENT SERVICES
Consultant shall perform the following key services:
1. Track and maintain compliance with the National Pollutant Discharge and Elimination System MS4 Phase II Permit (MS4 Permit) requirements and notify the City of program deadlines, milestones, and actions needed.
2. Update the City’s Master Compliance tracker monthly (by the last day of each month), with major annual updates by January 31st of each year.
3. Submit the annual MS4 Compliance report to the City by September 1 of each year, and upload to SMARTS by October 1 of each year.
4. In coordination with the project team, prepare and submit the PEIP to the City by September 1 of each year and to SMARTS by October 1 of each year.
5. Perform illicit discharge investigations, prepare and mail letters and NOVs, and perform IDDE database updates.
6. Perform annual rainy season 303(d) monitoring, and dry weather sampling and analysis, and reporting.
7. Perform quarterly (by March 31st, June 30th, September 30th, and December 31st) SWPPP inspections of 1-2 City facilities.
8. Perform quarterly BMP evaluations of City staff tasks.
9. Perform 2 OVTA trash surveys per year of roughly 3-5 miles of City streets.
10. Perform annual inspections of all City facilities for hotspots.
11. Perform inspections and maintenance on City site stormwater control measures.
12. Project management and general as-needed program assistance.
13. Tasks will vary from day to day depending on what the City staff needs are in addressing programmatic elements, discrete tasks and other implementation items, inspections, etc. Implementation and effectiveness of these BMPs is tracked and documented in the City of Goleta Storm Water Management Plan Annual Report submitted to the Regional Water Quality Control Board.
14. Monthly (last day of each month) status reports/updates on scope, schedule, budget, estimate to completion, and target spend rate.
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Consultant shall perform the following on an as-needed basis, as budget allows:
15. Assist with preparation and submittal of the Post Construction Report to the City by September 1 of each year and to SMARTS by October 1 of each year.
16. Develop and evaluate program metrics to gauge program effectiveness.
17. Ability to procure subcontractors and supplies as needed.
18. Provide required trainings to City staff, contractors, and private developers (BMPs, housekeeping, PCRs, Illicit Discharge Detection and Elimination).
19. Assistance with development/construction/post construction project requirements.
20. Assist with the development of the trash amendment implementation strategy.
21. Assist with development of GIS tools and content.
CREEK AND WATERSHED MANAGEMENT
Consultant shall perform the following key services as part of this scope:
1. Creek and Watershed Project Management: General project and program management tasks related to the Creek and Watershed Management Plan (CWMP) implementation (Task List, Exhibit D).
Scoping and cost estimates for each task/project
(including funding considerations), with more detail for upcoming tasks.
Schedule development, including Capital Improvement
Projects (CIPs) in collaboration with Goleta staff and
other entities involved with CWMP development,
considering existing funding, planned future funding,
available grants, and staff resources. Use of City’s
preferred software for task and project management as
requested.
2. Annual presentation to City Council in June, including materials preparation and process deadlines
3. Quarterly to semi-annual stakeholder meetings, by the last day of the quarter (March 31st, June 30th, September 30th, December 31st), meeting materials, and presentation materials.
4. Coordination of other meetings as needed, and preparation of meeting materials.
5. Development of CWMP Project Schedule within 3 months of contract award, with at least monthly maintenance thereafter.
6. Annual to semi-annual CWMP status reports by June 30th and/or December 31st.
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 17 City of Goleta
Public Works and Dudek
7. Quarterly updates on grants and funding opportunities, recommendations for grant pursuit, and grant pursuit status (March 31st, June 30th, September 30th, December 31st). Opportunities related to stormwater, watershed protection, materials sustainability, trash pollution reduction, or items within Environmental Services scope shall be evaluated. Grants should include but not be limited to: RWQCB, SWRCB, CalRecycle, Caltrans, and:
https://www.grants.ca.gov/
Prop 1 Funding, particularly for previously identified projects (Exhibit B)
Appendix J of the Creek and Watershed Management
Plan
8. Monthly (last day of each month) status reports/updates on scope, schedule, budget, estimate to completion, and target spend rate.
9. Administrative support: to assist with the scope herein and related projects. Administrative tasks include, but are not limited to conducting mailings, purchasing, procurement, creation of City Council meeting materials, budget tracking, invoice review, data input, data entry, and general common administrative tasks.
On an as-needed basis and as budget allows, consultant shall also perform the following:
10. Engage and build partnerships with non-profit organizations, and non- profit members of the former CWMP Technical advisory committee, as appropriate, to further goals and policies of CWMP.
11. Engage with other jurisdictions to better understand creek and watershed impacts and strategize regional solutions.
12. Ability to evaluate, procure, and direct future work of subcontractors.
13. Ability to procure materials or services from vendors.
14. Implementation of other tasks in the CWMP as directed and as budget allows.
15. Grant pursuit, including application preparation, submittal, and project management.
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 18 City of Goleta
Public Works and Dudek
EXHIBIT B
Schedule of Fees
Description Rate
Project Director
Engineering
$ 315.00
Principal Engineer III $ 285.00
Principal Engineer II $ 275.00
Principal Engineer I $ 265.00
Program Manager $ 255.00
Senior Project
Manager/Engineering
$ 255.00
Project
Manager/Engineering
$ 245.00
Senior Engineer III $ 240.00
Senior Engineer II $ 230.00
Senior Engineer I $ 220.00
Project Engineer
lV/Technician IV
$ 210.00
Project Engineer
III/Technician III
$ 200.00
Project Engineer
II/Technician II
$ 185.00
Project Engineer
I/Technician I
$ 165.00
Senior Designer I $ 185.00
Designer $ 175.00
Assistant Designer $ 170.00
CADD Operator III $ 165.00
CADD Operator II $ 155.00
CADD Operator I $ 140.00
CADD Drafter $ 125.00
CADD Technician $ 115.00
Project Coordinator $ 145.00
Engineering Assistant $ 120.00
Project
Director/Environmental
$ 265.00
Senior Specialist IV $ 235.00
Senior Specialist III $ 225.00
Senior Specialist II $ 210.00
Senior Specialist I $ 195.00
Specialist V $ 185.00
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 19 City of Goleta
Public Works and Dudek
Description Rate
Specialist IV $ 175.00
Specialist III $ 165.00
Specialist II $ 155.00
Specialist I $ 145.00
Analyst V $ 135.00
Analyst IV $ 120.00
Analyst III $ 110.00
Analyst II $ 100.00
Analyst I $ 90.00
Technician III $ 75.00
Technician II $ 65.00
Technician I $ 55.00
Application Developer II $ 195.00
Application Developer I $ 155.00
GIS Analyst V $ 205.00
GIS Analyst IV $ 165.00
GIS Analyst III $ 145.00
GIS Analyst II $ 130.00
GIS Analyst I $ 115.00
UAS Pilot $ 115.00
Survey Lead $ 185.00
Survey Manager $ 135.00
Survey Crew Chief $ 115.00
Survey Rod Person $ 95.00
Surveying Mapping
Technician
$ 95.00
Principal Manager $ 195.00
Senior Construction
Manager
$ 185.00
Senior Project
Manager/Construction
Mngm
$ 175.00
Construction Manager $ 160.00
Project
Manager/Construction
Mngmt.
$ 150.00
Resident Engineer $ 150.00
Construction Engineer $ 150.00
On-site Owner's
Representative
$ 140.00
Prevailing Wage Inspector $ 139.00
Construction Inspector $ 135.00
Administrator/Labor $ 100.00
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 20 City of Goleta
Public Works and Dudek
Description Rate
Compliance
Project
Director/Hydrogeology
$ 315.00
Principal
Hydrogeologist/Engineer II
$ 285.00
Principal
Hydrogeologist/Engineer I
$ 265.00
Sr. Hydrogeologist
V/Engineer V
$ 250.00
Sr. Hydrogeologist
IV/Engineer IV
$ 240.00
Sr. Hydrogeologist
III/Engineer III
$ 230.00
Sr. Hydrogeologist
II/Engineer II
$ 220.00
Sr. Hydrogeologist
I/Engineer I
$ 210.00
Project Hydrogeologist
V/Engineer V
$ 195.00
Project Hydrogeologist
IV/Engineer IV
$ 185.00
Project Hydrogeologist
III/Engineer III
$ 175.00
Project Hydrogeologist
II/Engineer II
$ 165.00
Project Hydrogeologist
I/Engineer I
$ 155.00
Hydrogeologist/Engineering
Assistant
$ 120.00
District General Manager $ 210.00
District Engineer $ 205.00
Operations Manager $ 160.00
District
Secretary/Accountant
$ 135.00
Collections System
Manager
$ 135.00
Grade V Operator $ 125.00
Grade IV Operator $ 110.00
Grade III Operator $ 100.00
Grade II Operator $ 80.00
Grade I Operator $ 75.00
Operator in Training $ 75.00
Collection Maintenance
Worker
$ 75.00
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 21 City of Goleta
Public Works and Dudek
Description Rate
Creative Services IV $ 165.00
Creative Services III $ 150.00
Creative Services II $ 135.00
Creative Services I $ 120.00
Technical Editor lV $ 165.00
Technical Editor lll $ 150.00
Technical Editor ll $ 135.00
Technical Editor l $ 120.00
Publications Specialist lV $ 120.00
Publications Specialist lll $ 110.00
Publications Specialist ll $ 100.00
Publications Specialist l $ 90.00
Clerical Administration $ 90.00
Senior Designer II $ 190.00
DocuSign Envelope ID: E537CA0C-3DBB-41D4-B0FE-96A6680CB3DD 22