Agenda Item B.3
CONSENT CALENDAR
Meeting Date: April 4, 2023
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Melissa Nelson, Environmental Services Manager SUBJECT: Amendment to Professional Services Agreement 2022-077 with Geosyntec Consultants, Inc. for Watershed Technical Services
RECOMMENDATION:
Authorize the City Manager to execute Amendment No. 1 to Pro fessional Services Agreement No. 20 22-077 with Geosyntec Consultants, Inc. for Watershed Technical Services, increasing the contract authority by $231,501 for a total not-to-exceed amount of $276,500, extending the agreement expiration date to June 30, 2024, and updating the schedule of fees.
BACKGROUND:
A Request for Qualifications (RFQ) for Watershed Technical Services was issued by the Solid Waste and Environmental Services Division on June 16, 2022. Geosyntec Consultants, Inc. (Geosyntec) was selected as the most qualified consultant out of four applicants. On August 18, 2022, the City Manager approved and executed Professional Services Agreement No. 2022 -077 in the amount of $44,999 to Geosyntec based upon qualifications with a term ending June 30, 2023.
Watershed technical services include those associated with support of technical aspects of the City’s Creek and Watershed Master Program (CWMP) and the Phase II Municipal Separate Sto rm Sewer System ( MS4) National Pollutant Discharge and Elimination Permit (MS4 Permit). Primarily, this support includes data science and analytics, geologic/hydrogeologic/hydrologic evaluation , and environmental protection and regulatory strategy. The CWMP is focused on improving water quality and watershed health, incl uding rigorous data science, management, and analytics. The MS4 Permit requirements include storm drain mapping, educational outreach, and numerous other programs and compliance items , which also focus on improving and protecting water quality. Several of the technical services scope items were presented to City Council during the CWMP presentation on December 7, 2022.
Geosyntec has so far assisted the City with initial technical services for as-needed tasks and scope development. This amendment is the result of initial scoping efforts and serves 1 Meeting Date: April 4, 2023
to further refine the scope and include deliverables for the next year as related to technical aspects of the CWMP and MS4 programs.
DISCUSSION:
The CWMP was adopted by City Council on November 17, 2020. This plan , and now program, was assembled and adopted due to a strong desire within the community and City Council to protect the City’s creeks and watersheds, to provide clean and safe water, healthy habitats , and beautiful recreation areas for years t o come. The MS4 program serves to maintain compliance with state regulations and the Federal Clean Water Act and helps achieve the goals of the CW MP; however, the CWMP includes long -term visionary planning to serve community and City goals for future environmental vitality that go above and beyond current regulations.
While the City has had contractors that assist with MS4 baseline program requirements and basic GIS/data services, there is a need for hydrogeologic/hydraulic expertise, local knowledge of watersheds, potential funding, and for more robust data management and analytics. Hydraulic and hydrogeologic expertise are needed for creek baseflow evaluations and monitoring, infiltration project evaluations and implementation, potential water reuse project evaluation, non-standard development project consultation, and more rigorous water quality assessment and program recommendations. Extensive experience with local watersheds and grant funding is needed for public communications, regulatory communications, and regulatory compliance with respect to development projects, water quality/impairment assessments, and procurement of grant funding. Furthermore, there is a need to modernize the data management, analytical, and visualization process. Not only are state and local regulators expecting (and will be requiring) more robust data and GIS expertise, but the community is becoming more reliant on data science and GIS and will increasingly have these expectations from the City. With the amount of data the Solid Waste and Environmental Services Division currently collects, combined with the increased amount of data the City will be collecting for the CWMP, streamlining and modernization are needed now and going forward. Robust data analytics and management a re needed to : evaluate baseline watershed conditions, improvements, impairments and monitor change; develop assessment and summary tools to inform the City and public on the effectiveness of programs; maintain existing and upcoming MS4 requirements for a G IS-based data management system for City assets, facilities, watershed characteristics; simplify the regulatory audit process; and more.
Geosyntec has been instrumental in initia ting this work and is well-known locally and across the state for their expertise in these areas , having secured significant additional funding and innovative watershed solutions for neighboring jurisdictions. The refinements to the scope in this amendment add specificity and deliverables and are a result of preliminary evaluation of CWMP and MS4 upcoming priorities, early data analysis and assessment, communication with the City, and initial feedback from the CWMP Technical Advisory Committee. The Solid Waste and Environmental Services Division has been very pleased with Geosyntec’s ability to deliver services and therefore recommends the approval of this Amendment No.1.
2 Meeting Date: April 4, 2023
GOLETA’S STRATEGIC PLAN
This scope of this contract supports the City’s strategic goal to:
1. Support Environmental Vitality
FISCAL IMPACTS:
Rates listed in the Schedule of Fees (Attachment 1 – Exhibit B-1) have been adjusted to account for inflation using the Consumer Price Index, but also to remove automatic rate increases. Cost savings have been realized in FY2022-23 through procurement of grant funding, efficiencies, and delay of onboarding a CivicSpark Fellow. Therefore, no additional appropriation is needed for adopted FY2022-23 budget for the additional compensation of $75,001.
Adopted Fiscal Year 2022-23
Fund Type GL Account
FY2022-
23 Budget
YTD Activity/
Encumbrances
Requested
Appropriation
Available
Budget
211 Solid
Waste
211-50-5900-
51200
Professional
Services
$542,993 $331,213 $0 $211,780
ALTERNATIVES:
The City Council may elect not to authorize this contract amendment or direct the Public Works Department to seek statements of qualifications and proposals from additional qualified firms. Doing so would significantly hinder the progress of the CWMP, community goals, and compliance with regulations.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No. 1 for Geosyntec Consultants., Inc. Agreement No. 2022-077 for Professional Services
2. Professional Services Agreement No. 2022-077 with Geosyntec Consultants, Inc.
3 ATTACHMENT 1
Amendment No. 1 for Geosyntec Consultants., Inc. Agreement No. 2022-077 for Professional Services
4 City of Goleta
Amendment No. 1 to Agreement No. 2022-077
AMENDMENT NO. 1
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
GEOSYNTEC CONSULTANTS
This Amendment No. 1 to the PROFESSIONAL SERVICES A GREEMENT by and between the City of Goleta , a municipal corporation (“City”) and GEOSYNTEC CUNSULTANTS, INC. (“Consultant”) dated August 18, 2 022 (“Agreement,” Agreement No. 2022-077) is made on this 4th day of April, 2023.
SECTION A. RECITALS
1. T his Agreement is for the professional technical and consulting services for Watershed Technical Services in compliance with Goleta Municipal Code Section 3.05.260.; and
2. T he Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $44,999; and
3. T he parties desire to amend the Agreement so as to provide for additional compensation in the amount of $231,501 for continued tasks; and
4. T he Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2023; and
5. T he parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2024; and
6. T he Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and
7. T he 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
8. T he Agreement currently provides in Exhibit B entitled “Compensation” the hourly rates; and
9. T he parties desire to amend Exhibit B of the Agreement to identify the new hourly rates, attached as “Exhibit B-1”; and
10. The City Council approved this Amendment No. 1, on this 4 th day of April 2023.
SECTION B. AMENDED TERMS
DocuSign Envelope ID: 6B40CE0E-BAC9-4F7C-9CDF-789AD4414448 5 City of Goleta
Amendment No. 1 to Agreement No. 2022-077
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. S ubsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $231,501 and to read in its entirety:
(a) M aximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $276,500 (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, 2024, 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. S
ection 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional one year to read in its entirety.
T
he term of this Agreement is from the date first written above to June 30, 2024, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY’s Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.
3. This Agreement is amended to delete and replace in its entirety:
Exhibit 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:
DocuSign Envelope ID: 6B40CE0E-BAC9-4F7C-9CDF-789AD4414448 6 City of Goleta
Amendment No. 1 to Agreement No. 2022-077
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 CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Mark Grivetti, Local Vice President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Ken Susilo, Branch Vice President
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 6B40CE0E-BAC9-4F7C-9CDF-789AD4414448 7 City of Goleta
Amendment No. 1 to Agreement No. 2022-077
EXHIBIT A-1
SCOPE OF WORK
Consultant shall provide the following services:
Task 1. Watershed Monitoring and Asset Data Management, Analytics, and Visualization
Task 1.a. Database Migration and Webmap Enhancements
Consultant will migrate the existing water quality monitoring data for general chemistry, bacteria, and nutrient parameters to the ArcGIS online platform. This will make the data ready and available for public consumption via online maps and dashboards, it will also help expedite field data collection through tablet-based field data collection systems.
Deliverables:
• Migrate City monitoring data for general chemistry, bacteria, and nutrient parameters to City ArcGIS Online platform. (Does not include cost of credits for hosting ArcGIS online data).
• Generate a webmap to download historical water quality data by station. • Generate draft and final web-based water quality report card dashboard displaying a grade for each of the 13 creeks. Assuming one round of comments from the City, and the logic for water quality report card grade will be developed through As-Needed Task 2.c. • Generate one field data collection form via Field Maps or Survey 123 that aligns with the current data collection need of general chemistry field parameters of the Santa Barbara Channel Keeper Stream Team.
• Document appropriate procedures for appending new lab data to the webmap. It is assumed that no new lab data will be added under this contract.
Task 1.b. As-Needed GIS/Database Support
Consultant will provide GIS and Database support to the Environmental Services department of the City, as directed by the City and budget allows.
• Attend bi-weekly meeting with the City to discuss project status and new task requests • Provide as-needed help responding to storm drain infrastructure information requests from developers or other city departments.
• Develop a Creek and Watershed Plan online platform for stakeholder communication of key objectives and findings and project status. Also provide a public and private file sharing location.
• Support development of the City Stormdrain Master Plan, identify key data gaps, and clarify project goals/objectives.
DocuSign Envelope ID: 6B40CE0E-BAC9-4F7C-9CDF-789AD4414448 8 City of Goleta
Amendment No. 1 to Agreement No. 2022-077
• Access City ArcGIS Online platform via ArcGIS Online Groups to help implement and maintain geospatial datasets, apps, and other resources. • Advise and manage the structural content of the Environmental Services ArcGIS platform.
• Suggest GIS best practices, and new ArcGIS Online tools to improve existing program management, or to support more accurate data analysis.
• Meet as-needed with City GIS management to maximum up-time of online resources and tools for staff and the community
• Create graphics, simple statistical reports (trend analysis, median, mean, etc.) and work with GIS to create visual aids.
Task 2. Watershed Program Support
Task 2.a. Walking Watershed Tours Development
Consultant will prepare for and attend three meetings with City Staff to discuss content and online walking tour development. It is assumed that the City’s existing STQRY App will continue to be used for hosting the tours. If, based on conversations with the City, a different online platform is selected for the hosting the tours, Consultant will work with the City to rescope the following tasks. Consultant will facilitate, as needed, new or enhanced content for existing tours, in addition to the development of at least one new City Creeks and Watersheds tour. Consultant shall provide as-needed technical support as budget allows.
Deliverables:
• Enhanced features and content for Ellwood/Devereux, Haskell’s Chumash, and Lake Los Carneros tours.
• Workflow for Goleta SQTRY App tour development and content management. • One new City Creeks tour added to SQTRY App
• Field test
• As-needed app support
Task 2.b. Confirmation/Verification of Stormwater Infrastructure Assets Consultant will develop and implement a plan for verifying and confirming the unverified elements (currently four unverified files) of the MS4 system and modifying existing asset feature classes (inlets, outlets, underground storm drain features, and open channels).
Availability of engineered plans may affect task cost and timeline.
Deliverables:
• Four verified ArcGIS feature files (inlets, outlets, underground storm drain features, and open channels) with populated attribute information including: location, size, material type, and shape.
Task 2.c As-Needed Watershed Program Support
DocuSign Envelope ID: 6B40CE0E-BAC9-4F7C-9CDF-789AD4414448 9 City of Goleta
Amendment No. 1 to Agreement No. 2022-077
Consultant will provide watershed program support to the Environmental Services division of the City, as directed by the City and budget allows. Consultant will lead virtual meetings with the City to discuss enhancement planning, prioritize potential tasks, and assess progress. Based on the meeting discussions, Consultant will submit a brief email clarifying the scope, deliverable(s), and budget for approval by the City before beginning work on any task. Anticipated tasks may include the following and will be reevaluated and detailed with the City prior to commencing.
• Grant evaluation and pursuit
• Attend bi-weekly meeting with the City to discuss project status and new task requests • Stormwater capture project planning, design, and funding evaluation, may include development of concept design figures, presentation materials, and benefit modeling. • Development and implementation of a Creek flow monitoring program as described in Creek and Watershed Management Plan. May include the procurement and installation of equipment, as necessary, to continuously monitor baseflows and stormwater flows within City Creeks. May also include field work and coordination with other agencies. • Review and revision of sampling and analytical programs (e.g., monthly creek monitoring, dry weather sampling locations). Prepare reports, presentation materials, and logic for creek water quality report card.
• Watershed planning and coordination with the Central Coast Regional Water Quality Control Board for a potential offsite mitigation program for achieving development stormwater requirements.
• Implementation of miscellaneous tasks and projects within the CWMP or to address the Trash Amendment as schedule and budget allow.
• Other as-needed technical services needed to support the CWMP or MS4 scope.
DocuSign Envelope ID: 6B40CE0E-BAC9-4F7C-9CDF-789AD4414448 10 City of Goleta
Amendment No. 1 to Agreement No. 2022-077
EXHIBIT B-1
SCHEDULE OF FEES
Title $ /Hr.
Staff Professional $154
Senior Staff Professional $178
Professional $198
Project Professional $224
Senior Professional $254
Principal $274
Senior Principal $294
Technician I $ 83
Technician II $ 89
Senior Technician I $ 99
Senior Technician II $106
Site Manager I $116
Site Manager II $128
Construction Manager I $142
Construction Manager II $152
Senior Designer $190
Designer $160
Senior Drafter/Senior CADD Operator $ 145
Drafter/CADD Operator/Artist $ 130
Project Administrator $ 85
Clerical $ 65
Direct Expenses Cost plus 12%
Subcontract Services Cost plus 12%
Technology/Communications Fee 3% of Professional
Fees are waived for
this contract
Specialized Computer Applications (per hour) $ 15
Personal Automobile (per mile) Current Gov’t Rate
Photocopies (per page) $ .09
Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.
Construction management fee presented upon request.
DocuSign Envelope ID: 6B40CE0E-BAC9-4F7C-9CDF-789AD4414448 11 ATTACHMENT 2
Professional Services Agreement No. 2022-077 with Geosyntec Consultants, Inc. 12 City of Goleta
Public Works Geosyntec Consultants, Inc.
Project Name: Watershed Technical Services
AGREEMENT FOR PROFESSIONAL
BETWEEN THE CITY OF GOLETA
AND
GEOSYNTEC CONSULTANTS, INC
This AGREEMENT FOR PROFESSIONAL (herein referred to as “AGREEMENT”) is made and entered into this ________ day of ______ , 2022, by and between the CITY OF GOLETA, a municipal corporat ion (herein referred to as "CITY"), and GEOSYNTEC CONSULTANTS , INC. (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional te chnical and consulting services for Watershed Technical 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 Manager approved this AG REEMENT pursuant to Goleta Municipal Code section 3.05.070.
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, 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 Watershed Technical Services shall generally incl ude project and pr ogram management services as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.
13 City of Goleta
Public Works Geosyntec Consultants, Inc.
CONSULTANT shall deliver to CI TY 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 $44,999 (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 CONSULTA NT until June 30, 2023, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as descri bed 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 co mpensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall pr ovide CITY with written verification of the actual compensation ear ned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5.
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hour s worked by personnel classification).
All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the in currence of extra services by CONSULTANT. Unless CITY and CONSULTA NT 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 compensati on 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 MANAGE R AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY fr om time to time, and who presently is Melissa Nelson Project Manager shall have the authority to act on behalf of the
14 City of Goleta
Public Works Geosyntec Consultants, Inc.
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, 2023, unless term of this AGREEMEN T is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTA NT's drafts, notes and internal memorandum), including duplication of sa me prepared by CO NSULTANT 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 fr om all damages, claims, expenses, and losses arising out of any reuse of th e plans and specifications for purposes other than those described in this AGRE EMENT, unless written authorization of CONSULTANT is first obtained.
8. PERSONAL SERVI CES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professiona l services which are personal to CITY. Mark Grivetti 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 indi vidual be removed from assisting in this contracted work fo r 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, offi cers, agents, and employees, harmless from all of CONSULTANT's claims, demands, la wsuits, judgments, damages, losses, injuries or liability to CONSULTANT , to CONSULTANT's employees, to CONSULTANT’s contractor s or subcontractors, or to the owners of
15 City of Goleta
Public Works Geosyntec Consultants, Inc.
CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur wh ile CONSULTANT is on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any acti vity or work required under this AGREEMENT.
(b) Defense and Indemnity of Third Party Claims/Liability.
CONSULTANT shall investigate, def end, 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 CONSULTA NT’s officers, agents, employees, representatives, subconsultants, or subcontractors, in performing the services described in, or normally associated with, th is type of contracted work. The duty to defend shall include any su its 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 th e deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insu rance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by CITY.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Co mmercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned
16 City of Goleta
Public Works Geosyntec Consultants, Inc.
automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehi cles, this requirement may be satisfied by a non-owned and hir ed auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liabi lity limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liabili ty insurance, CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability r equirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additi onal 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 po licies inception date, continuity date, or retroactive date must be befor e 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) Except for professional liability insurance, liability coverage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall pr ovide that coverage shall not be suspended, voided, canceled or r educed in coverage or in limits except after 30 days’ prior written notice has been given to CITY.
17 City of Goleta
Public Works Geosyntec Consultants, Inc.
Such provision shall not include any limi tation of liability of the insurer for failure to provide such notice.
f) No liability insurance cove rage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or agents, from waiving t he right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to depos it with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse agains t CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failur e, actual or a lleged, on the part of CITY to monitor complianc e 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 wit h these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems nece ssary 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 provi de immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assume s no obligation or liability by such notice, but has the right (b ut not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and t hat in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensat ion insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
12. CORRECTIONS
In addition to the above indemnifica tion obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's
18 City of Goleta
Public Works Geosyntec Consultants, Inc.
review of CONSULTANT's report or pl ans. Should CONSULTA NT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If term ination is for cause, no notice period need be given. In the event of terminat ion, 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 terminat ion shall be payable by CITY to CONSULTANT within 30 days following s ubmission of a fi nal statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSUL TANT for anything done, furnished, or relating to CONSULTANT'S work or serv ices. Acceptance of payment shall be any negotiation of CITY's check or th e failure to make a written extra compensation claim within 10 calendar da ys of the receipt of that check.
However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liabilit y of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work per formed; 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 t he 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 avail able to a representative of CITY for examination of all its re cords with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and projec t records for at least two years after termination or final payment under this AGREEMENT.
19 City of Goleta
Public Works Geosyntec Consultants, Inc.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon t he strict performance of any of the provisions of this AGREEMEN T by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such ot her party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by su ch party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No expr ess written waiver of a sp ecified 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 ti me 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 in vocation of any such right or remedy shall not constitute a waiver or electi on of remedies with respect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMEN T shall be construed as a whole according to its common meaning of purpo se of providing a public benefit and not strictly for or against any party. It shall be co nstrued consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties.
Wherever required by the c ontext, the singular shall in clude the plural and vice versa, and the masculine gender shall includ e the feminine or neutral genders or vice versa.
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
20. GOVERNING LAW
This AGREEMENT, and the rights and obli gations of the parties, shall be governed and interpreted in accordance with the laws of the Stat e of California.
Should litigation occur, venue shall be in Superior Court of Santa Barbara County.
20 City of Goleta
Public Works Geosyntec Consultants, Inc.
21. NONDISCRIMINATION
CONSULTANT shall not di scriminate on the basis of race, color, gender, gender identity/expression, pr egnancy, sexual orientati on, disability, marital status, or any other characteristic protected under applicable federal or state law.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provi de CITY with a complete Request for Taxpayer Identification Number and Ce rtification, Form W-9 (R ev. October 2018), as issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTA NT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds . In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shal l cover only those costs incurred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks described in this AGR EEMENT and all other terms of this AGREEMENT may be modified only upon mu tual written consent of CITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “CITY” in this AGR EEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, a ll appropriate permits, license s, 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 descri be the scope or intent of any provision or section of the AGREEMENT.
21 City of Goleta
Public Works Geosyntec Consultants, Inc.
28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its re spective administrators, officers, directors, shareholders, divisions, subsid iaries, agents, employees, successors, assigns, principals, partners, joint ventur ers, 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 covenan ts and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenf orceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, po stage prepaid, and addressed as follows:
TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Mark Grivetti, Local Vice President Geosyntec, Inc.
924 Anacapa Street, Suite 4A
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.
22 City of Goleta
Public Works Geosyntec Consultants, Inc.
In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________ ________ Michelle Greene, City Manager Mark Grivetti, Local Vice President
A T T E S T
_____________________________ _____________________________ Deborah Lopez, City Clerk Ken Susilo, Branch Vice President
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
23 City of Goleta
Public Works Geosyntec Consultants, Inc.
EXHIBIT A
SCOPE OF WORK
Below are services that may be requested on an as-needed basis. Contractor shall have the ability to perform MS4 and CWMP Technical Consulting as follows:
1. Watershed Programs: Identification of projects and programs the City should pursue to achieve objectives related to the NPDES MS4 Phase II Permit, and the Creek and Watershed Management Plan, particularly if grant funding is available.
o Cost effective project management of scope, schedule, and budget. o Baseflow Evaluation and Flow Monitoring, as described in Creek and Watershed Management Plan: Develop project service and conduct flow rate monitoring on City Creeks where possible, in coordination with other agencies (2022-2023).
Conduct implementation, including procurement and field work if needed. o Design and implementation of a Trash pollution survey program, including the OVTA assessment required by the Trash Amendment, and potentially other assessments near creeks, and key watershed areas. Assessment should be tailored to gauge the progress of City programs, such as Beautify Goleta, improved street sweeping measures, and existing MS4 programs. o Review and revision of sampling and analytical programs (e.g., monthly creek monitoring, dry weather sampling locations). Prepare reports for submittal to the RWQCB, if required for impairments reporting.
o Evaluation/screening of potentia l sites for offsite mitigation, for use in achieving development stormwater requirements.
o TMDL development, in coordination with the RWQCB.
o Implementation of miscellaneous ta sks and projects within the CWMP as schedule and budget allow.
o MS4 Post Construction Development review consultation. o Other projects to further the goals of the CWMP.
2. Environmental Database Ma nagement and Analytics:
o Maintain environmental data in a relational database. o Create graphics, simple statistical repor ts (trend analysis, median, mean, etc.) and work with GIS to create visual aids.
o Water Quality Program Effectiveness Assessment and Improvement: Identify constituents of concern, correlate with area, land use, local operations, and identify potential sources using a defined methodology consultant shall provide.
Provide recommendations for Program improvements and targeted outreach. o Evaluate existing sampling and analytical programs.
24 City of Goleta
Public Works Geosyntec Consultants, Inc.
o Data currently includes stormwater analytical data but may be expanded to include other program metrics.
o Define relational database architecture improvements, if any, within two (2) weeks of contract award.
o Identify methodology for Water Qualit y Program Effectiveness Assessment o Provide recommendations for adjustments to sampling programs, particularly monthly creek sampling, dry weather sampling, and wet weather 303(d) monitoring.
o Evaluate creeks listed on the impaired lis t (based on monthly stream sampling), and whether that list needs updating.
o Submit monthly water quality data to the California Environmental Data Exchange Network (CEDEN) if needed to satisfy data submission requirements for the State Water Quality Control Board. Include an explanation of exceedances and qualitative/quantitative evaluation of data. o Annually advise on PEIP report and assist in document preparation.
3. GIS Services: Assist with GIS input and app creation to support in-office and field work with ArcGIS applications. The City has an ArcGIS online enterprise account that can support the resources created under this contract. The City will primarily host datasets and resources on its ArcGIS Online platform, and consultant is expected to maintain their own ArcGIS Online license to access City assets via online group sharing.
o Access City ArcGIS Online platform via Ar cGIS Online Groups to help implement and maintain geospatial datasets, apps, and other resources. o Advise and manage the structural content of the Environmental Services ArcGIS platform.
o Maintain ArcGIS Online licenses so consultants can keep access to the City’s hosted ArcGIS platform.
o Suggest GIS best practices, and new ArcG IS Online tools to improve existing program management, or to support more accurate data analysis. o Outputs of all data in da tabase and in GIS system in universally accepted formats.
o Monthly description of tasks and progress, to be included with monthly invoices. o Meet as-needed with City GIS management to maximum up-time of online resources and tools for staff and the community.
o Preferred Experience with ArcGIS On line Field Maps, Survey123, StoryMaps, QuickCapture, Workforce, Hub, and AppStudio.
25 City of Goleta
Public Works Geosyntec Consultants, Inc.
EXHIBIT B
SCHEDULE OF FEES
Title Service Element $ / Hr.
Staff Professional Exhibit A, Items 1, 2, and 3. $140 Senior Staff Professional Exhibit A, Items 1, 2, and 3. $164 Professional Exhibit A, Items 1, 2, and 3. $185
Project Professional Exhibit A, Items 1, 2, and 3. $208 Senior Professional Exhibit A, Items 1, 2, and 3. $235 Principal Exhibit A, Items 1, 2, and 3. $255
Senior Principal Exhibit A, Items 1, 2, and 3. $275
Technician 1 Exhibit A, Items 1, 2, and 3. $77
Technician 11 Exhibit A, Items 1, 2, and 3. $82
Senior Technician 1 Exhibit A, Items 1, 2, and 3. $92 Senior Technician 11 Exhibit A, Items 1, 2, and 3. $98 Site Manager 1 Exhibit A, Items 1, 2, and 3. $108
Site Manager 11 Exhibit A, Items 1, 2, and 3. $118
Construction Manager 1 Exhibit A, Items 1, 2, and 3. $130 Construction Manager 11 Exhibit A, Items 1, 2, and 3. $142 Senior Designer Exhibit A, Items 1, 2, and 3. $178
Designer Exhibit A, Items 1, 2, and 3. $148
Senior Drafter/Senior CADD Operator Exhibit A, Items 1, 2, and 3. $136 Drafter/CADD Operator/Artist Exhibit A, Items 1, 2, and 3. $122 Project Administrator Exhibit A, Items 1, 2, and 3. $78 Clerical Exhibit A, Items 1, 2, and 3. $60
Direct Expenses Exhibit A, Items 1, 2, and 3. Cost plus 12% Subcontractor Services Exhibit A, Items 1, 2, and 3. Cost plus 12%
Personal Automobile (per mile) Exhibit A, Items 1, 2, and 3. Current Gov’t Rate Photocopies (per page) Exhibit A, Items 1, 2, and 3. $.09 Rates are provided on a confidential basis and are client and project specific.
Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.
Construction management fee presented upon request.
26