Agenda Item A.9
CPMS CONSENT CALENDAR
Meeting Date: August 15, 2023
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Director of Public Works
CONTACT: Autumn Glaeser, Capital Improvement Program Manager Kent Yankee, Contract Project Manager
SUBJECT: Professional Design Services Agreement with MNS Engineers, Inc. for Ellwood Beach Drive Drainage Repair
RECOMMENDATION:
A. Award and authorize the City M anager to execute a Professional Design Services Agreement with MNS Engineers, Inc. for the Ellwood Beach Drainage Repair Project in a total not-to-exceed amount of $104,000, with a termination date of December 31, 2024; and
B. Authorize a budget appropriation of $50,000 from the General Fund Unassigned Fund Balance to account no. 101-90-9119-57070.
BACKGROUND:
The Ellwood Beach Drive Drainage Repair Project (Project) site is located at the southern terminus of Ellwood Beach Drive in the City's western portion . The Project site encompasses approximately 6,500 square feet and is partially located within public right- of-way (ROW) and partially along the Ellwood Mesa Coastal Trail within the City’s Ellwood Mesa Open Space area. The Project sit e is located in the Coastal Zone and within the Environmentally Sensitive Habitat Area (ESHA) associated with Monarch Butterfly and/or Raptor Roosting Habitat. Devereux Creek is located approximately 300 feet south of the Project site. Multi -family residences are located north of the Project site along Ellwood Beach Drive.
Drainage for the area is provided by existing curbs, culverts, drainage features, and a swale. In the existing condition, stormwater flows south on Ellwood Beach Drive via curb gutters toward the Ellwood Mesa Open Space area. Two 12-inch concrete culverts allow water to flow under the trail from the east side of Ellwood Beach Drive to the west side.
An 18-inch culvert then directs the flow down slope towards Devereux Creek. The culverts are currently filled with debris and are non-functional. The plugging of the 18-inch culvert caused stormwater to flow over the swale and eroded the side of the hill. 1 Meeting Date: August 15, 2023
After the winter storms in January and March of this year e mergency repairs were performed to improve the flow and stabilize the site, allowing the continued function of the culvert until permanent improvements can be completed.
DISCUSSION:
The Project involves demolition of unsuitable soils, pavement, temporary repairs, and existing culverts at the southern terminus of Ellwood Beach Drive. The Project will replace the two existing 12 -inch culverts beneath Ellwood Mesa Coastal Trail. A new concrete swale will be constructed, and new asphaltic concrete pavement installed. A retaining wall will be constructed at the sheer face at the southern terminus of Ellwood Beach Drive, immediately north of Deveraux Creek to stabilize the slope. Per the City’s Creek and Watershed Management Plan, a trash capture device will also be installed. Flow w ill be directed through the retaining wall and rip rap material installed to minimize erosion.
Temporarily disturbed vegetated areas would be revegetated and restored to the pre - project condition or better using a hydroseed mix native to the Project area a s recommended by the environmental consultant.
MNS Engineers, Inc. (MNS) was selected from the City’s approved pre-qualified consultant list to provide design services. Public Works staff have reviewed and agree with the proposed scope of work and the project manager's qualifications . Therefore, Public Works staff is recommending that City Council award and authorize the City Manager to execute a professional design services agreement with MNS for the Ellwood Beach Drainage Repair Project for $10 4,000, with a termination date of December 31, 2024.
FISCAL IMPACTS:
The FY 2023/24 current available budget, including projected carryovers, totals $103,000.
An additional appropriation from the general fund unassigned fund balance in the amount of $50,000 is requested to cover the cost of the subject agreement and staff time charged to the project. Approximately $2.65 million was estimated in the general fund unassigned fund balance during recent budget adoption on Juen 20, 2023.
Table 1 below lists the funding accounts, encumbrances, and requested appropriation s for the Project.
2 Meeting Date: August 15, 2023
Table 1: FY 23/24 Project Funding
Ellwood Beach Drive Drainage Repair, FY 23/24
Fund
Type
Account FY 23/24
Current Budget
(including FY
carryovers)
YTD Actuals/
Encumbrances
Requested
Appropriation
Total
Available
Budget
General 101-90-
9119-57070
(Design)
$85,396.50 $82,396.50 $50,000.00 $53,000.00
Storm
Drain DIF
234-90-
9119-57070
(Design)
$100,000.00 $0 $0 $100,000.00
Total $185,396.50 $82,396.50 $50,000.00 $153,000.00
ALTERNATIVES:
Council may elect to not execute the professional agreement for design services. Doing so would delay the need for a permanent solution to the erosion and damage in the area and will likely cause greater damage and cost over time. Additionally, this Project provides an opportunity to implement improvements identified in the City’s Watershed Management Plan so that would be delayed as well.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Professional Design Services Agreement with MNS Engineers, Inc. for the Ellwood Beach Drainage Repair Project
3 ATTACHMENT 1
Professional Design Services Agreement with MNS Engineers, Inc. for the Ellwood Beach Drainage Repair Project
4 City of Goleta
Public Works Department and MNS Engineers, Inc.
Project Name: Ellwood Beach Drive Drainage Repair
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.
This AGREEMENT FOR PROFESSIONAL DESIGN SERVICES (herein referred to as “AGREEMENT”) is made and entered into this 15th day of August, 2023, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as " CITY"), and MNS ENGINEERS, INC., a California Corporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional design services for Ellwood Beach Drive Drainage Repair Project; 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 15th day of August, 2023, 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, experience, a nd fa cilities 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 w ith Ellwood Beach Drive Drainage Re pair shall generally include field sur vey, environmental coordination, geotechnical invest igation, preparation of plans, specifications and engineer’s estimate as more particularly DocuSign Envelope ID: D35FBE9F-C7C2-4751-B47F-A4B904BF3A55 5 City of Goleta
Public Works Department and MNS Engineers, Inc.
set forth in the Scope of Work, attached as Exhibit “A,” a nd incorporated herein.
CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”
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 $ 104,000 (herein "no t to exceed amount"), and sh all 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 in corporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 2024, after which any change in said rates and expenses must be a pproved 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 to tal compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment. CONSULTANT shall provide CITY with written verification of the a ctual compensation earned, w hich written verification shall be in a form satisfactory to CITY's Project 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 lis t of hours worked by personn el 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 m utually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or e xpenses 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.
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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 Kent Yankee, PE. Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to ext end the term of the AGREEMENT or increase the not to exceed amount.
6. TERM, PROGRESS AND COMPLETION
The term of t his AGREEMENT is f rom the date first written above to December 31 , 202 4, 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 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. All s ervices shall be completed according to the schedule for delivery of services attached as Exhibit “C” and incorporated herein.
7. OWNERSHIP OF DOCUMENTS
All drawin gs, designs, data, photographs, reports and other documentation (oth er 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 w ork 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. Tyler Hunt, PE is deemed to be special ly 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 , CIT Y 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.
Subconsultants include Yeh and Associ ates, Inc. Jo n Bla nchard, Geotechnical.
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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, employ ees and agents (“Indemnified Parties”) from and against any and all claims, lo sses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or wi llful misconduct of the CONSULTANT.
CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determine d, as applicable, by a court of law, jury or arbitrator. In the event any loss , liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
(b) For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of CITY, for a ny 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 servic e, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settl ements, and/or arbitration awards, whether for personal or bodily injury, prop erty damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY. (c) No Waiver. ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense , provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California w ith an A.M. Best and Company rating of A- or better, Class V II or better, or as otherwise approved by CITY.
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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 l imits 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 a nd 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 l aws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in th e 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 profes sional liability 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 c ontract. Additional insured status under the general liability requirement s hall be pr ovided 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 be pr ovided either in the additio nal insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.
c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees t o maintain continuous coverage DocuSign Envelope ID: D35FBE9F-C7C2-4751-B47F-A4B904BF3A55 9 City of Goleta
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through a period n o less than three years after completion of the services required by this agreement.
d) Except for professional liability insurance, l iability coverage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (in cluding th e 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 writt en 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 p rohibit CONSULTANT, or CONSULTANT’s
employees, or agents, from waiving the ri ght 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 the Co ntract certificates of insur ance and required endorsements.
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 insur ance 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 amou nts 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 ob ligation or liability by such notice, but has the right (but not the duty) to monitor t he handling of any such claim or claims if they are likely to involve CITY.
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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 obligati ons 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 reas onably 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 notifyin g 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 fin al 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 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 relating to CONSULTANT'S work or services. Acceptance o f payment shall be any negotiation of CITY's chec k or the f ailure 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 b e deemed, a release of the r esponsibility and liability of CONSULTANT, its em ployees, 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 res ponsibility or liability by CITY for any defect o r error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
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15. AUDIT OF RECORDS
At any time during normal business hours and as often as it ma y 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 re tain such financial records, time sheets, work progress reports, invoices, bi lls 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 p erformance of any of the provisions of this AGREEMENT by the other party, irr espective 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 ef fective 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 expre ss written waiver of a specified default or breac h 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 t his AGREEMENT, or at law or in equity, shall be c umulative 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 o r 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 offe r, encourage or accept any f inancial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of pro viding 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 t he plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
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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 rig hts 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 discr iminate 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 du e 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 payme nt 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 DocuSign Envelope ID: D35FBE9F-C7C2-4751-B47F-A4B904BF3A55 13 City of Goleta
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may be required in connection with the performance of services under this AGREEMENT.
27. CAPTIONS
The captions or headi ngs in this AGREEMENT are for convenience only and in no other way define, li mit 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, s hareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respe ct to the rendering of servi ces, 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 fo rce w ithout 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 prepai d, and addressed as follows:
TO CITY: Attention: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: MNS Engineers, Inc.
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
DocuSign Envelope ID: D35FBE9F-C7C2-4751-B47F-A4B904BF3A55 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 and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________________ Robert Nisbet, City Manager Greg Chelini, President
ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Jeff Edwards, Vice-President
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
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EXHIBIT A
SCOPE OF WORK
Task 1: Project Management, Quality Assurance/Quality Control, and Coordination
Consultant shall project management, quality assurance/quality control (QA/QC) and client coordination/meetings.
1.1 Project Management
1.2 QA/QC
Task 2: Preliminary Plans and Environmental Support
Consultant shall support the City’s environmental consultant, Rincon, by developing a preliminary site plan and project description for use in obtaining environmental clearances. Additional support will be provided to Rincon through the duration of the Project. Preliminary hydraulics and design will also be completed for the trash capture device.
Task 3: Geotechnical Investigation
Consultant shall provide a Geotechnical Report for the design of the Project.
These services will consist of visiting the site, clearing utilities by contacting Underground Services Alert, a no-fee encroachment permit from the City, drilling two borings to 20 feet at the site, laboratory testing, summarizing data collected and performing geotechnical analysis as a basis for preparing recommendation for design of the Project.
Task 4: Topographic Survey
Consultant shall perform ground surveying and mapping for the proposed improvements. The mapping will be on an assumed local datum with control set for future construction reference/use. Survey will include the southern terminus of Ellwood Beach Drive and the surrounding area. The ground survey mapping over the above-described limits will include hardscape, structures, striping, signage, walls, fences, trees (6” in diam. and above), and observable utilities.
Task 5: 90% and Final PS&E
Consultant shall provide a 90% complete draft set of plans, specifications, and cost opinion (PS&E) for construction of the proposed improvements. We will incorporate appropriate environmental mitigations as recommended by Rincon.
The design will be based on the topographic survey prepared in Task 4, discussions with the City, and the environmental consultant, The plan set will include:
DocuSign Envelope ID: D35FBE9F-C7C2-4751-B47F-A4B904BF3A55 16 City of Goleta
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Title sheet
General, civil, grading, and environmental protection notes Demolition plan
Site grading and improvement plan
Trash capture device plan and sections
Retaining wall plan and sections
Civil details
Erosion control plan and restoration
The 90% draft plan set will be submitted for review by the City. Based on the City comments and the design review meeting, we will revise the plan set to Final.
Our scope of work assumes one round of combined comments from the City.
The Final plans will be stamped and signed by a licensed civil engineer, registered in California.
Specifications will be in special provision format at the 90% and Final design levels with references to the 2021 Standard Specifications for Public Works Construction (Greenbook) requirements modified as appropriate. An opinion of probable cost will be provided at the 90% and Final design levels documenting the expected cost to construct the Project.
Deliverables
A. Conceptual Site Plan
B. Geotechnical Report
C. Project Description
D. 90% PS&E
E. Final PS&E
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EXHIBIT B
SCHEDULE OF FEES
No annual escalation will be allowed
Reimbursables + 10% markup
No mileage will be reimbursed
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EXHIBIT C
PROPOSED SCHEDULE
Kick-off Meeting September 27, 2023
Topographic Survey October 25, 2023
Geotechnical Investigation November 22, 2023
Draft Preliminary Site Plan and Project
Description
December 6, 2023
City Review Four Weeks
Final Preliminary Site Plan and Project
Description
January 24, 2024
90% and Final Design TBD
DocuSign Envelope ID: D35FBE9F-C7C2-4751-B47F-A4B904BF3A55 19