Agenda Item A.9
CPMS CONSENT CALENDAR
Meeting Date: October 3, 2023
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Teresa Lopes, Senior Project Engineer
SUBJECT: Amendment No. 1 to Professional Services Agreement 2023 -052 with Rincon Consultants, Inc.
RECOMMENDATION:
Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2023 -052 with Rincon Consultants, Inc. , for the San Jose Creek Multipurpose Path Northern and Southern Segments Project, increasing the contract amount by $151,603, for a new total not-to-exceed amount of $196,560.
BACKGROUND:
The San Jose Creek Bike Path - Northern and Southern Segments Project (Project) (Capital Improvement Program Project No. 9006) , an Active Transportation Program (ATP) project, will construct a multipurpose path adjacent to San Jose Creek connecting areas north of U.S. Highway 101 with the Class I Atascadero Creek Bikeway (Obern Trail) east of State Route 217. The purpose of the Project is to close the multipurpose path gap in the regional active transportation network. The Project will provide a direct and continuous route for bicyclists and pedestrians from north of Calle Real to commercial and residential areas within Goleta Old Town and to the existing Class I Atascadero Creek Bikeway providing access to Goleta Beach Park, the University of California Santa Barbara (UCSB) and to the City of Santa Barbara.
The City of Goleta (City) was awarded approximately $18 million in ATP grant funding at the California Transportation Commission meeting on January 30, 2019.
DISCUSSION:
The Project will have impacts to the riparian vegetation , including the removal of trees along the San Jose Creek for the Northern Segment and localized impacts to pickleweed matt and a sliver of coastal wetlands along the Southern Segment. The impact areas were identified during the Environmental Review proces s. Because of these impacts environmental and habitat mitigation is required as stated in the project environmental documents (Initial Study/Mitigated Negative Declaration, San Jose Creek Multi purpose 1 Meeting Date: October 3, 2023
Path Project, October 2022 and NEPA CE). The impact are as and identified required mitigation are defined in more detail in the project NES and Biological Assessment documents. A conceptual habitat mitigation plan (including tree replacement plantings) is required to apply for agency permits including the California Department of Fish and Wildlife Section 1602 Permit, US Army Corps of Engineers Section 404 Nationwide Permit, Regional Water Quality Control Board Section 401 Water Quality Permit and Coastal Commission Coastal Development Permit.
The City Man ager executed Agreement No. 2023-052 with Rincon on June 22, 2023.
Rincon Consultants were selected to perform this work as they are experienced with the project area and with the preparation of habitat mitigation plans to meet the various agency’s permit requirements. The Project has a tight deadline and needs to achieve completion of all design, permitting, right of way certification and approvals by end of December 2023.
Additional tasks are now required to complete the habitat mitigation plan and to provide project design support th rough the final design phase. Therefore, Public Works staff recommends authorizing the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2023-052 (Attachment 1) to increase the contract authority by $151,603 for a new total not-to-exceed amount of $196,500, revise the scope of work, and revise the schedule of fees.
FISCAL IMPACTS:
Based on updated project cost estimates, there is currently an estimated unfunded amount of $8,785,740 for construction costs. At the time of Fiscal Year (FY) 22/23 Mid- Cycle budget adoption on June 21, 2022, the unfunded amount was estimated at $4 million. Due to rising construction costs and changes to the project scope this estimated unfunded amount for construction has nearly doubled. Public Works staff is working with Finance staff to explore additional options to close the $8,785,740 gap prior to the construction bid award currently scheduled for late 2024. Table 1 below outlines the estimated costs for the Project.
Table 1: Estimated Project Costs
Project Components Estimated Costs Funding Source Funding Amounts Conceptual Design $1,837,267 TDA (202) $27,135
Environmental $698,750 DIF (Transportation
220) $4,729,665
Final Design $3,540,983 RSTP (305)
(grant) $30,689
Land Acquisition/
Right-of-Way $2,220,000 Measure A (205) $1,245,000
Construction $21,235,589 Measure A Grant
(206) $438,378
2 Meeting Date: October 3, 2023
Construction
Management and
Inspection (CMT)
$3,469,911 ATP Grant (318)
$17,960,000
Construction Oversight
Staff and Consultant
Time
$315,446 TCSP – Federal
(407) $76,510
Redevelopment
Project Fund (601) $24,829
TBD/Unfunded $8,785,740
Total: $33,317,946 Total: $33,317,946
Table 2 below summarizes the project budget amounts , including carryovers , and funding sources. There are sufficient funds in the adopted FY 23/24 budget to cover the cost of the professional services associated with this amendment.
Table 2: Project Funding
Fund Type Account FY 22/23
Projected
Carryover
FY 23/24
Budget
YTD Actuals/
Encumbranc
es
Total
Available
Budget
TDA 202-90-9006-
57070
(Design)
$27,135 $0 $0 $27,135
Measure A 205-90-9006-
57070
(Design)
$243,992 $0 $0 $243,992
Measure A 205-90-9006-
57071
(Construction)
$250,000 $500,000 $44,900 $705,100
Measure A -
Grant
206-90-9006-
57071
(Construction)
$0 $438,378 $0 $438,378
Transportation
DIF
220-90-9006-
57050 (Land
Acquisition)
$1,345,713 $0 $0 $1,345,713
Transportation
DIF
220-90-9006-
57070
(Design)
$355,768 $0 $170,263 $185,505
RSTP 305-90-9006-
57070
(Design)
$10,150 $0 $0 $10,150
ATP Grant 318-90-9006-
57050 (Land
Acquisition)
$669,000 $0 $0 $669,000
3 Meeting Date: October 3, 2023
ATP Grant 318-90-9006-
57070
(Design)
$2,000,000 $0 $0 $2,000,000
ATP Grant 318-90-9006-
57071
(Construction)
$15,291,000 $0 $15,291,000
Total $20,192,758 $938,378 $215,163 $20,915,973
ALTERNATIVES:
The City may elect not to authorize the City Manager to execute the amendment.
However, this would significantly delay the ability to complete the required Habitat Mitigation Plan and the project permitting and approval would be delayed. If the City is unable to obtain permits and approvals by the required grant deadlines , the Project would not meet the ATP grant deadlines and ATP grant funding will be forfeited.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment 1 to Professional Services Agreement 2023 -052 with Rincon Consultants, Inc.
2. Professional Services Agreement 2023-052 with Rincon Consultants, Inc. 4 ATTACHMENT 1
Amendment 1 to Professional Services Agreement 2023-052 with Rincon Consultants, Inc.
5 City of Goleta
Amendment No. 1 to Agreement No.2023-052
AMENDMENT NO. 1
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.
This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and Rincon Consultants, Inc. (“Consultant”) dated June 22, 2023 (“Agreement,” Agreement No.2023-052) is made on this 3rd day of October 2023.
SECTION A. RECITALS
1. This Agreement is for professional services for environmental permitting, biologist and arborist services related to the preparation of habitat restoration plans for the San Jose Creek Multipurpose Path Northern and Southern Segments Project; and
2. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed forty-four thousand nine hundred and fifty - seven dollars ($44,957); and
3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $151,603 for additional tasks; and
4. The Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and
5. The parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A- 1"; and
6. The Agreement currently provides in Exhibit B entitled “Schedule of Fees” the hourly rates; and
7. The parties desire to amend Exhibit B of the Agreement to identify the new hourly rates, attached as “Exhibit B-1”; and
8. The City Council approved this Amendment No.1 on this 3rd day of October, 2023.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
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Amendment No. 1 to Agreement No.2023-052
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $151,603 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of one hundred ninety-six thousand five hundred and sixty dollars ( $196,560) (herein "not -to-exceed amount") and shall be earned as the work progresses.
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B -1,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2025, after which any change in said rates and expenses must be approved in writing by CITY's Project
Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.
2. This Agreement is amended to delete and replace in its entirety:
Exhibit A “Scope of Work ” with Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.
3. This Agreement is amended to delete and replace in its entirety:
Exhibit B “Schedule of Fees” with Exhibit B-1 “Schedule of Fees" attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect
In concurrence and witness whereof, this Amendment No.1 has been executed by the parties effective on the date and year first above written.
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Amendment No. 1 to Agreement No.2023-052
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Steven Hongola, Vice President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Lacrissa Davis, Chief Financial Officer
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
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Amendment No. 1 to Agreement No. 2023-052.
EXHIBIT A-1
SCOPE OF WORK
Task 1 Preliminary Restoration Assessment
The CONSULTANT understands that the exact approach for mitigation is still being determined by the Project team in coordination with the permitting agencies, specifically the mitigation needed for individual trees and/or for riparian habitat acreage, and that mitigation sites for these restoration efforts need to be determined. This task will encompass the planning effort to aid the City in determining what mitigation is needed for the project and where the mitigation can be implemented. The CONSULTANT shall meet with the City and Dewberry, the Project Engineer, via phone calls and virtual meetings to discuss the mitigation approach and location. The CONSULTANT shall perform a preliminary assessment of the project site to identify potential locations where mitigation trees can be installed. Additionally, areas along the project site that are suitable for mitigating riparian communities and habitats, as well as jurisdictional waters, will be assessed (e.g., California sycamore coast live oak riparian woodland, red legged frog habitat, and steelhead critical habitat). Suitable tree replacement locations and areas suitable for restoration shall be depicted on an aerial image and/or overlaid onto the Project’s site plan.
This task assumes that not all of the required mitigation trees and/or riparian habitat can be planted within the project site and immediately adjacent areas; therefore, off-site areas within the City will be needed for both tree mitigation and habitat mitigation, specifically saltmarsh wetlands. Therefore, this task includes verification of (currently undetermined) off-site areas within the City.
Assumptions
•One day is assumed to assess areas within the Project site and immediate areas to identify locations where mitigation trees can be planted and/or riparian habitat can be restored. One additional day is assumed to assess off-site areas for tree mitigation and/or riparian/wetland restoration. It is anticipated that the site assessments shall be performed by CONSULTANT’S Senior Restoration Ecologist Ms.
Julie Love and ISA Board Certified Master Arborist and Registered Consulting Arborist Mr. Nate Faris.
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Amendment No. 1 to Agreement No. 2023-052.
Task 2 Conceptual Habitat Restoration Plan and Tree
Replacement Plan
CONSULTANT shall prepare a Conceptual Habitat Restoration Plan (Plan), which will include the Tree Replacement Plan, in accordance with the IS-MND and anticipated requirements from jurisdictional agency permits/authorizations. In accordance with MMs AES-2 and BIO-2, the Plan will address mitigation required due to temporary and permanent impacts to native and non-native trees within the riparian and upland zones, riparian habitat, wetland habitat, and jurisdictional waters as appropriate and as determined during the preliminary assessment phase described in Task 1.
The Plan will include the following components:
• Summarize impacts to trees, riparian habitat, and jurisdictional waters, and the required mitigation needed.
• A plant palette and planting layout.
• Source of the plants used for mitigation and restoration. • Restoration site preparation.
• Planting methods.
• Irrigation methods and schedule.
• Exotic (non-native) weed control methods and maintenance requirements. • Monitoring methods and timing.
• Reporting requirements and schedule.
• Performance standards and success criteria.
• GIS-based figures of tree replacement and habitat restoration areas.
CONSULTANT shall submit a draft of the Plan to the City for review and input, a revised draft Plan will be provided for submittal to regulatory agencies.
Assumptions
•The Plan will be delivered electronically to the City. CONSULTANT shall incorporate one round of comments from the City.
•One round of regulatory agency comments will be addressed and will not exceed 10 hours of staff time. Per the IS-MND, CONSULTANT assumes a draft copy of the Plan will be sent to the California Department of Fish and Wildlife (CDFW), Central Coast Regional Water Quality Control Board(RWQCB), U.S. Army Corps of Engineers (Corps), and National Oceanic and Atmospheric Administration (NOAA) Fisheries for review.
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Amendment No. 1 to Agreement No. 2023-052.
Task 3: Project Management
Consultant shall provide communication, coordination, and overall management of the Conceptual Habitat Restoration Plan scope of work, schedule and budget.
Up to 25 hours is included for this task. Consultant shall provide communication, coordination, and overall management of the of the mitigation scope of work, schedule, and budget. This is an existing task of project management services that will be extended to account for the eight-month extension of the scope of work and schedule, through April 2024.
Task 4: Environmental Clearance Addendum
During the preparation for construction bidding phase of the Project, Consultant shall provide the following environmental clearance services.
As requested by the California Department of Transportation (Caltrans), Consultant shall document the environmental clearance of the Project’s off-site mitigation sites (Old San Jose Creek at Ekwill Street and Devereux Creek at Ellwood Mesa), specifically for biological and cultural resources. The environmental clearance will be presented as either an addendum to the Project’s Natural Environmental Study (NES) or an appendix to the Project’s Mitigation Plan, as deemed applicable by the City in coordination with Caltrans.
Previous information collected on the off-site mitigation sites will be assessed and included in the environmental clearance, as appropriate, such as, results of previous biological and cultural surveys conducted for the Ekwill Street and Fowler Road Improvements Project and conditions observed during the mitigation planning phase of this Project.
Assumptions
▪ No field surveys will be conducted or required for biological or cultural resources.
▪ The environmental clearance addendum will be delivered electronically to the City for review and Rincon will incorporate one round of comments not to exceed 4 hours for the Senior Restoration Ecologist, 1 hour for the Associate Biologist, and 2 hours for the Principal in Charge. Subsequently, Consultant will submit the document to Caltrans for review and will incorporate one round of comments not to exceed 6 hours for the Senior Restoration Ecologist, 2 hours for the Associate Biologist, and 2 hours for the Principal in Charge.
Deliverables
A. Presentation of environmental clearance for biological and cultural resources for the off-site mitigation sites in the form of an addendum to the NES or an appendix to the Mitigation Plan
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Amendment No. 1 to Agreement No. 2023-052.
Task 5: Project Design Support
During the preparation for construction bidding phase of the Project, Consultant shall provide the following project design support services.
Consultant shall provide the following items to be included by the Project Engineer into the mitigation-specific sheets of the engineering design plans for the Project.
▪ A table showing the mitigation trees to be planted by species and container size.
▪ Text outlining the planting specifications for installation of the mitigation trees, i.e., timing, spacing, plant install methodology, mulching techniques, etc.
Consultant shall provide the following item to be included by the Project Engineer into the mitigation specifications.
▪ Text outlining the requirements for the Restoration/Landscape Contractor during the 90-day Plant Establishment Period for incorporation into the Project specifications.
Consultant shall assist the Project Engineer with creating mitigation-specific engineering sheets that display the proposed mitigation sites, including trees, along the entirety of the Project for the four mitigation sites (San Jose Creek along the Pathway, San Jose Creek at Jonny D. Wallis Park, Old San Jose Creek at Ekwill Street, and Devereux Creek at Ellwood Mesa). Consultant shall assist the Project Engineer with creating a mitigation-specific version of the existing engineering sheets (such as N-PP-1, N-PP-2, or N-C-7) that will display the proposed mitigation trees within the northern segment of the Project along the California Department of Transportation (Caltrans) Right of Way (ROW) along U.S. Highway 101. Consultant will provide geo-referenced Computer-Aided Design and Drafting (CADD) files for the mitigation sites, including trees.
Deliverables
A. Plant palette tables and planting specification notations for mitigation- specific engineering sheets
B. Plant Establishment Period specification notations
C. Geo-referenced CADD shapefiles for the four mitigation sites, including the mitigation trees
Task 6: Construction Bid Package Support
During the preparation for construction bidding phase of the Project, Consultant shall provide the following project construction bid package services.
Consultant will support the preparation of the construction bid package being led by the Prject Engineer. Consultant will provide a scope of work for the DocuSign Envelope ID: 10555535-35FE-4341-ADC4-D1B08DA077D5 12 City of Goleta
Amendment No. 1 to Agreement No. 2023-052.
Restoration Contractor to be included as part of the package to inform the bidding process on mitigation implementation at the four mitigation sites as listed above. The Restoration Contractor scope of work will include all pertinent information needed for bidding, such as a description of the mitigation approach by site, maps, and a breakdown of costs to be expected, i.e., the purchase of native plant stock.
In addition, for mitigation-related questions and tasks not yet known, Consultant shall assist the Project team as needed during the preparation for construction bidding phase, for a maximum of 40 hours for the Senior Restoration Ecologist, 10 hours for an Associate Biologist, and 5 hours for the Principal in Charge.
OPTIONAL Task 7: IS-MND and NES Addendums
During the preparation for construction bidding phase of the Project, if it is determined that the environmental clearance documentation described above in Task 4 is not sufficient, and that a more complete and/or new analysis is required for the Project with regards to biological and cultural resources, Consultant shall prepare an NES Addendum and a Mitigated Negative Declaration (MND) Addendum addressing those needs. This may include, but not limited to, literature and database query to identify any recorded occurrences of biological resources in the vicinity, cultural resources phase I file review, and field assessments to verify biological and cultural resources that are present or that have the potential to be present.
Assumptions
▪ If Task 7 is initiated, then Task 4 will not be initiated, and the funds for Task 4 and Task 7 will be combined to execute Task 7. Therefore, the budget outlined in Task 4 plus the budget outlined in Task 7 equates to the total budget that would be needed to complete Task 7.
▪ For the MND, biological and cultural resources will be the main topics covered. Other topics such as air quality/greenhouse gas, water quality, land use, noise, and other issue areas/cumulative impacts will be discussed limitedly and will rely mainly on that already provided in the existing Initial Study (IS)-MND.
▪ No new quantitative calculations or modeling for air quality/greenhouse gas will be conducted.
▪ No noise modeling will be conducted.
▪ Biological and cultural field assessments would be conducted. ▪ Task 7 will be initiated no later than December 2023 for this task to be completed by April 2024 (the cut-off date for the remainder of the services outlined above).
Deliverables
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Amendment No. 1 to Agreement No. 2023-052.
A. Administrative Draft MND Addendum
B. Final MND Addendum
C. Archaeological Survey Report Addendum
D. Archaeological Extended Phase I Work Plan
E. Archaeological Extended Phase I Report
F. NES Addendum
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Amendment No. 1 to Agreement No. 2023-052.
EXHIBIT B-1
SCHEDULE OF FEES
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Amendment No. 1 to Agreement No. 2023-052.
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Professional Services Agreement 2023-052 with Rincon Consultants, Inc. 17 City of Goleta
Public Works Department and Rincon Consultants, Inc.
Project Name: 9006 San Jose Creek Multipurpose Path Northern and Southern Segments
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as AGREEMENT) is made and entered into this ________ day of June 2023, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), RINCON CONSULTANTS, INC., a California Corporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional services for environmental, permitting, and arborist services related to the preparation of habitat restoration plans for the San Jose Creek Multipurpose Path Northern and Southern Segments 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 Manager approved this AGREEMENT 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:
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2023-052
18 City of Goleta
Public Works Department and Rincon Consultants, Inc.
Professional Environmental Services shall generally include environmental, permitting and arborist services related to preparation of habitat restoration plans for the San Jose Creek Multipurpose Path Northern and Southern Segments project 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 $44,957 (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, 2025, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(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 CITYs 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 CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement. Any compensation for extra services shall be part of DocuSign Envelope ID: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 19 City of Goleta
Public Works Department and Rincon Consultants, Inc.
the total compensation and shall not increase the not to exceed amount identified in Section 3.
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is Luz Nina Buelna. 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, 2025, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Mr. Christopher Julian 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 Managers prior written consent.
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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 CONSULTANTs 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 CONSULTANTs officers, agents, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSULTANTs o fficers, agents, employees, representatives, subconsultants, or subcontractors, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions concerning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto. (c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by CITY.
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Public Works Department and Rincon Consultants, Inc.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage occurrence form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Providers commercial general liability policy.
c) Workers Compensation insurance complying with California workers compensation laws, including statutory limits for workers compensation and an Employers Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
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.
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 insurers liability. Coverage will not be limited to CITYs vicarious liability.
Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage DocuSign Envelope ID: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 22 City of Goleta
Public Works Department and Rincon Consultants, Inc.
through a period no less than three years after completion of the services required by this agreement.
Except for professional liability insurance, liability coverage shall be primary and non-contributing with any insurance maintained by CITY.
Evidence of coverage (includi ng the workers compensation and employers liabili ty policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 da ys 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.
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.
CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
There shall be no recourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
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: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 23 City of Goleta
Public Works Department and Rincon Consultants, Inc.
11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.
However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
DocuSign Envelope ID: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 24 City of Goleta
Public Works Department and Rincon Consultants, Inc.
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in 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: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 25 City of Goleta
Public Works Department and Rincon Consultants, Inc.
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 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.
DocuSign Envelope ID: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 26 City of Goleta
Public Works Department and Rincon Consultants, Inc.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.
27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, 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 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
DocuSign Envelope ID: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 27 City of Goleta
Public Works Department and Rincon Consultants, Inc.
TO CONSULTANT: Attention: Chris Julian, Principal
Rincon Consultants, Inc.
209 East Victoria Street
Santa Barbara, CA 93101
32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.
CONSULTANT
_____________________________
Steven Hongola, Vice President
_____________________________
Lacrissa Davis,
Chief Financial Officer
CITY OF GOLETA
_____________________________
Robert Nisbet, City Manager
ATTEST
_____________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
, City Attorney
DocuSign Envelope ID: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 28 City of Goleta
Public Works Department and Rincon Consultants, Inc.
Exhibit A
Scope of Work
Task 1 Preliminary Restoration Assessment
The CONSULTANT understands that the exact approach for mitigation is still being determined by the Project team in coordination with the permitting agencies, specifically the mitigation needed for individual trees and/or for riparian habitat acreage, and that mitigation sites for these restoration efforts need to be determined. This task will encompass the planning effort to aid the City in determining what mitigation is needed for the project and where the mitigation can be implemented. The CONSULTANT shall meet with the City and Dewberry, the Project Engineer, via phone calls and virtual meetings to discuss the mitigation approach and location. The CONSULTANT shall perform a preliminary assessment of the project site to identify potential locations where mitigation trees can be installed. Additionally, areas along the project site that are suitable for mitigating riparian communities and habitats, as well as jurisdictional waters, will be assessed (e.g., California sycamore coast live oak riparian woodland, red legged frog habitat, and steelhead critical habitat). Suitable tree replacement locations and areas suitable for restoration shall be depicted on an aerial image and/or overlaid onto the Projects site plan.
This task assumes that not all of the required mitigation trees and/or riparian habitat can be planted within the project site and immediately adjacent areas; therefore, off-site areas within the City will be needed for both tree mitigation and habitat mitigation, specifically saltmarsh wetlands. Therefore, this task includes verification of (currently undetermined) off-site areas within the City.
Assumptions
One day is assumed to assess areas within the Project site and immediate areas to identify locations where mitigation trees can be planted and/or riparian habitat can be restored. One additional day is assumed to assess off- site areas for tree mitigation and/or riparian/wetland restoration. It is anticipated that the site assessments shall be performed by CONSULTANTS Senior Restoration Ecologist Ms. Julie Love and ISA Board Certified Master Arborist and Registered Consulting Arborist Mr. Nate Faris.
Task 2 Conceptual Habitat Restoration Plan and Tree Replacement Plan CONSULTANT shall prepare a Conceptual Habitat Restoration Plan (Plan), which will include the Tree Replacement Plan, in accordance with the IS-MND and anticipated requirements from jurisdictional agency permits/authorizations. In accordance with MMs AES-2 and BIO-2, the Plan will address mitigation required DocuSign Envelope ID: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 29 City of Goleta
Public Works Department and Rincon Consultants, Inc.
due to temporary and permanent impacts to native and non-native trees within the riparian and upland zones, riparian habitat, wetland habitat, and jurisdictional waters as appropriate and as determined during the preliminary assessment phase described in Task 1.
The Plan will include the following components:
Summarize impacts to trees, riparian habitat, and jurisdictional waters, and the required mitigation needed.
A plant palette and planting layout.
Source of the plants used for mitigation and restoration.
Restoration site preparation.
Planting methods.
Irrigation methods and schedule.
Exotic (non-native) weed control methods and maintenance requirements.
Monitoring methods and timing.
Reporting requirements and schedule.
Performance standards and success criteria.
GIS-based figures of tree replacement and habitat restoration areas.
CONSULTANT shall submit a draft of the Plan to the City for review and input, a revised draft Plan will be provided for submittal to regulatory agencies.
Assumptions
The Plan will be delivered electronically to the City. CONSULTANT shall incorporate one round of comments from the City.
One round of regulatory agency comments will be addressed and will not exceed 10 hours of staff time. Per the IS-MND, CONSULTANT assumes a draft copy of the Plan will be sent to the California Department of Fish and Wildlife (CDFW), Central Coast Regional Water Quality Control Board (RWQCB), U.S. Army Corps of Engineers (Corps), and National Oceanic and Atmospheric Administration (NOAA) Fisheries for review.
DocuSign Envelope ID: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 30 2-1
City of Goleta Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $295
Director II $295
Principal I $285
Director I $285
Senior Supervisor II $268
Supervisor I $250
Senior Professional II $234
Senior Professional I $218
Professional IV $194
Professional III $180
Professional II $160
Professional I $143
Associate III $120
Associate II $107
Associate I $100
Field Technician $86
Data Solutions Architect $180
Senior GIS Specialist $172
GIS/CADD Specialist II $153
GIS/CADD Specialist I $138
Technical Editor $135
Project Accountant $115
Billing Specialist $98
Publishing Specialist $110
Clerical $98
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals.
Reimbursable Expenses
Direct Cost Rates
Photocopies Black and White $0.25 (single-sided), $0.45 (double-sided) Photocopies Color $1.55 (single-sided), $3.10 (double-sided) Photocopies 11 x 17 $0.55 (B&W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-road Vehicles* $150/day
Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 0%.
These may include, but are not limited to, laboratory and drilling services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by t he above charges. Subcontractor labor will be billed at cost plus 5%. No mark-up will be included on subcontractor direct expenses (i.e., mileage, field equipment).
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within t ( 0) days from receipt or per the contractually required payment terms.
DocuSign Envelope ID: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 31 2-2
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $276
Spotting or Fiberoptic Scope $170
Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Sub-meter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pit-fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (26 ft. Radon or Similar) $621
Boat (20 ft. Boston Whaler or Similar) $345
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24-Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$57/diver
Marine Field Package (PFDs Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides) $57
Insurance, Hazard and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
DocuSign Envelope ID: 64AFF27A-9488-41CA-B6C5-D4D3DCC166F8 32