Agenda Item A.11
CONSENT CALENDAR
Meeting Date: September 19, 2023
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Melissa Nelson, Environmental Services Manager SUBJECT: Public Works Environmental Serv ices Professional Services Agreement with Willdan Engineering
RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement for stormwater services with Willdan Engineering in the amount of $125,000, with a termination date of June 30, 2024.
BACKGROUND:
The Solid Waste and Environmental Services Division has the need for stormwater services, including illicit discharge/environmental compliance investigation and enforcement, and construction and post-construction development review. A request for proposals was issued by staff on March 31, 2022, and Willdan Engineering was among the qualified consultants identified for stormwater services.
DISCUSSION:
The Stormwater Programs implemented by the Solid Waste and Environmental Services Division are intended to protect local water quality and achieve compliance with the Federal Clean Water Act and the City’s associated National Pollutant Dischar ge and Elimination System (NPDES) permit requirements. Part of these requirements include investigation and enforcement of illicit discharges and other environmental non - compliance, and review and inspection of development projects for stormwater compliance. The State Water Resources Control Board and Regional Water Quality Control Board (Water Boards) have been increasing requirements for both aspects, which will soon culminate in the issuance of a new NPDES permit. To meet increasing regulatory requirements and prepare for new permit obligations, additional support services are needed. Staff recommend that Willdan Engineering be awarded the contract for these services.
1 Meeting Date: September 19, 2023
GOLETA STRATEGIC PLAN:
The scope of this contract supports the City’s strategic goal to:
City-Wide Strategy: 1. Support Environmental Vitality
Strategic Goal: 1.3 Adopt best practices in sustainability.
FISCAL IMPACTS:
The need for additional stormwater services was anticipated and budgeted. There is no additional appropriation requested at this time.
Fund Type Account Agreement Amount
Solid Waste Fund 211-50-5900-51200 $35,000
Developer Deposit Accounts various $90,000
Total $125,000
ALTERNATIVES:
City Council may choose not to award this agreement. If the agreement is not awarded, this division may not have the resources it needs to fully respond to regulatory requirements, protect water quality as best as possible , or review development projects in a timely manner.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Professional Service Agreement with Willdan Engineering 2 ATTACHMENT 1
Professional Services Agreement with Wildan Engineering 3 City of Goleta
Public Works Department and Willdan Engineering
Project Name: Baseline Stormwater Services
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
WILLDAN ENGINEERING
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this 19th day of September 2023, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and WILLDAN ENGINEERING, a corporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional stormwater services for programs and projects necessary for compliance with the National Pollutant Discharge Elimination Systems Phase II General Permit issued to the CITY by the Central Coast Regional Water Quality Control Board; 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 19th day of September, 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, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
Professional Stormwater Services in conjunction with Code Enforcement Services shall generally include development plan DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 4 City of Goleta
Public Works Department and Willdan Engineering
reviews, inspections, tracking, investigations, and reporting as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.
CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $125,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 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.
(b) Payment. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager , as described in Section 5.
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification).
All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT.
Unless CITY and CONS ULTANT 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. DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 5 City of Goleta
Public Works Department and Willdan Engineering
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 the Environmental Services Manager, Melissa Nelson. Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.
6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2024, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications fo r 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.
Joe Bellomo is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT.
This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 6 City of Goleta
Public Works Department and Willdan Engineering
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSULTANT, to CONSULTANT' s employees, to CONSULTANT’s contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under this AGREEMENT. (b) Defense and Indemnity of Third Party Claims/Liability.
CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, in performing the services described in, or normally associated with, this type of contracted work. The duty to d efend shall include any suits or actions concerning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto.
(c) With Limitation. Notwithstanding the foregoing, to the extent CONSULTANTs Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
(d) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense , provide insurance as described herein. All insurance is to be placed with insurers DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 7 City of Goleta
Public Works Department and Willdan Engineering
authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by CITY.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non -owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a n on-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 Lia bility 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 p rovided 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 member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall a pply 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.
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 8 City of Goleta
Public Works Department and Willdan Engineering
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, l iability coverage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior written notice has been given to CITY. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
f) No liability insurance coverage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or agents, from waiving the right of recovery prior to a loss.
CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium pa id by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 9 City of Goleta
Public Works Department and Willdan Engineering
11. RELATIONSHIP OF CONSULTANT TO CITY
The r elationship 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 insura nce, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.
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 clai ms and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontra ctors, agents and consultants.
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 10 City of Goleta
Public Works Department and Willdan Engineering
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters cove red by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with resp ect 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 awa rded 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 meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 11 City of Goleta
Public Works Department and Willdan Engineering
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should litigation occur, venue shall be in Superior Court of Santa Barbara County.
21. NONDISCRIMINATION
CONSULTANT shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks describe d 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: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 12 City of Goleta
Public Works Department and Willdan Engineering
may be required in connection with the performance of services un der this AGREEMENT.
27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance c arriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Joe Bellomo,
Principal Project Manager
Willdan Engineering
374 Poli Street, Suite 101
Ventura, CA 93001
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 13 City of Goleta
Public Works Department and Willdan Engineering
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.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________________ Robert Nisbet, City Manager Vanessa Munoz, President
ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Kate Nguyen, Secretary
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 14 City of Goleta
Public Works Department and Willdan Engineering
EXHIBIT A
Scope of Work
CONSULTANT shall provide the City with professional stormwater services to assist with construction project advisement, inspections, and document and plan review for compliance with the Phase II MS4 Permit and Construction General Permit issued by the Stat e Water Resources Control Board (SWRCB), and any additional related requirements from the Regional Water Quality Control Board (RWQCB), such as post-construction requirements. CONSULTANT shall provide all necessary Stormwater services as needed by the City . In performing all professional stormwater services, CONSULTANT shall work to protect the interests of the City and to provide the highest quality services possible for the City.
CONSULTANT is a qualified professional capable of providing the services listed below to the City. CONSULTANT may be selected to provide stormwater services for one or more construction projects, as needed. Scope elements include:
Development Review – Reimbursable Work
Review/QA/QC of Stormwater Pollution Prevention Plans (SWPPPs), with approval from QSP/QSD consultant. Projects range in size and scope, and there are typically 2-3 new projects per month, and 10-20 open projects at any given time.
Review/QA/QC of Stormwater Control Plans (SWCPs) including Operation & Maintenance (O&M) Plans with approval from QSD professionals. Review of engineering drawings and plan sets for stormwater compliance as well as as-builts to ensure consistency with approved SWCP, Conditions of Approval and field construction prior to acceptance and issuance of Certificate of Occupancy.
Complete Erosion and Sediment Control (E&SC) Plan Review Checklist, and Stormwater Control Plan Review Checklist.
Review and Processing of Maintenance Agreement:
o Forward draft maintenance agreement and insurance for review and approval by City Attorney’s office.
o Email approved maintenance agreement to property owner to complete and notarize for final processing.
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 15 City of Goleta
Public Works Department and Willdan Engineering
o Review notarized maintenance agreement and forward package of agreement with memorandum for processing and recordation and to Public Works Department (PWD) for routing.
Attend Pre-construction meetings and conduct a Pre-Land Disturbance Inspection (during the rainy season) to verify BMPs are installed prior to active construction.
Perform construction site inspections as required.
Complete and maintain construction site inspection forms/checklists that record all best management practices (BMPs) observed during inspection and any illicit discharges if found during inspection.
Conduct Final Post-Construction Requirement (PCR) Field Verification of all Stormwater Control Measures (SCM) that are installed onsite; and record finding on the Final PCR Field Verification Form Responses to project-related regulatory requests, as needed, including letters and memorandums.
Tracking of all stormwater information, dates, and communication, within the City’s database system. Assurance that all key metrics, milestones, conditions of approval and more are updated in a timely manner in the database system.
Attend bi-weekly Stormwater status meetings with staff. Attend Weekly Development Review Committee (DRC) Meeting with the Planning department.
Attend Weekly Planning Environmental Review/Public Works (PER/PW) Meeting with staff.
Communication/advisement to property owners, developers, and City of Goleta staff (including any other affective stakeholders) related to the development of the project.
Other tasks common to stormwater construction project review and inspections.
Utilization of environmental and general regulations relevant to construction activities.
Provide education and educational materials during project pre- construction meeting with developers and document this practice per MS4 requirements.
MS4 Compliance – As-Needed Non-Reimbursable Work
Magnet software system development: Assist the City in setting up forms and processes for a new stormwater module in the City’s software system, Magnet. This includes updates to forms and working with the Planning department to improve workflow in the City’s system.
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 16 City of Goleta
Public Works Department and Willdan Engineering
Provide additional training or outreach as part of program/process improvement.
Program and process improvement tasks, such as but not limited to:
website improvements, application process improvements, and outreach materials development, as budget allows.
Post Occupancy Stormwater Monitoring: follow up with
developers/property owners for their annual reporting, using system to be set up in Magnet.
Code Enforcement: Illicit Discharge Detection and Elimination (IDDE) investigation, reporting, and citation. Receive training from the City, and then enforce on an as-needed basis, following the established procedures.
This includes issuance of citations and can include working with the City’s legal department. Other related environmental or City Codes may be enforced as relates to the Division scope. All require some noticing to responsible parties. There are roughly 20-30 IDDE cases per year, with approximately 30% of cases requiring some type of escalated enforcement or follow up action.
Reimbursable work will have separate billing numbers and require coordination with Planning Department staff.
Deliverables:
Deliverable: Written review documentation by licensed SWPPP Developer (QSD) for all documents reviewed.
Deliverable: Written approval forms/documentation by QSD for all documents approved.
Deliverable: Written comment and approval forms by QSD for all inspections conducted.
Deliverable: Issuance of Final PCR Field Verification Inspection approval letters by QSD.
Deliverable: draft memos/letters to applicants, RWQCB, and other entities as needed.
Deliverable: updates of stormwater database on an ongoing basis for all projects Willdan Engineering is involved with, with a full update prior to annual report submittal.
Deliverable: training documentation for construction crew trainings conducted.
Deliverable: issuance of letters or citations, including cost recovery fees, for environmental violations.
Cost Estimate
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 17 City of Goleta
Public Works Department and Willdan Engineering
The cost of work is a time and materials contract for $125,000 for the remainder of the fiscal year 2023-2024. This includes $90,000 for reimbursable work and $35,000 for non-reimbursable work.
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 18 City of Goleta
Public Works Department and Willdan Engineering
EXHIBIT B
Schedule of Fees
These services shall be compensated based on the current applicable Willdan Engineering hourly rates per the attached respective schedules of hourly rates.
The following modifications to the standard fee schedule will be applied to specific key staff positions when performing the services detailed in Exhibit “A”:
Name Title $/Hr
Joe Bellomo Principal Project Manager $215
Kelsey Reed Environmental Analyst III $158
Mayra Martinez Environmental Analyst II $150
Kayla Urbina Environmental Analyst II $150
Varies Public Works Observer $151
Hunter Raskin Environmental Analyst I $133
Varies Public Works Observer (Non-Prevailing Wage) $125
Special stormwater program assignments such as special studies and assistance on public works projects that are in addition to that described in Exhibit “A” will utilize the standard hourly rate schedules attached. For these special assignments, Willdan will submit a work plan to the City’s Project Manager for approval describing the scope of work, technical approach, proposed budget, and schedule.
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 19 City of Goleta
Public Works Department and Willdan Engineering
DocuSign Envelope ID: BB13FB4D-ED00-4646-9BB3-19C3130BEC7A 20