Agenda Item A.6
CPMS CONSENT CALENDAR
Meeting Date: August 20, 2024
TO: Mayor and Councilmembers
SUBMITTED BY: Luz “Nina” Buelna, Interim Public Works Director PREPARED BY: Gerald Comati, Contract Project Manager
SUBJECT: Approval of Professional Design Services Agreement with DKS Associates, Inc., and Professional Design Services Agreement with MNS Engineers, Inc., for preparation of the 2024 Development Impact Fee Nexus Study Update
RECOMMENDATION:
A. Authorize the City Manager to execute a Professional Design Services Agreement with DKS Associates, I nc., for the development of a Development Impact Fee Nexus Study Update for a total not-to-exceed amount of $275,700 and a termination date of December 31, 2025; and
B. Authorize the City Manager to execute a Professional Design Services Agreement with MNS Engineers, Inc., for the preparation of engineering cost estimates to support the Development Impact Fee Nexus Study Update for a not-to-exceed amount of $156,282 and a termination date of December 31, 2025; and C. Authorize a budget appropriation totaling an amount of $432,000 from various DIF funds to the accounts identified in Table 2 of the Fiscal Impacts section of the report.
BACKGROUND:
The legal requirements for enactment of a development impact fee (DIF) program are set forth in California Government Code sections 66000 - 66025 (the “Mitigation Fee Act”), the bulk of which was adopted as 1987’s Assembly Bill (AB) 1600 , and thus commonly referred to as AB 1600 requirements.
DIFs are imposed on development projects to defray all or a portion of the cost of public facilities related to development projects. Cities have the authority to charge DIFs by way of the Mitigation Fee Act (Government Code sections 66000-66025). Under the Mitigation Fee Act, cities must ensure a nexus between the development project’s impacts and the imposed fee amounts. In addition, in order to have a DIF program, cities mus t have an ordinance in place to establish the types of fees and a nexus study to analyze the impacts 1 Meeting Date: August 20, 2024
of types of development (e.g.: residential, commercial, industrial) and their proportionate impacts on public facilities.
In February 2019, the City Coun cil adopted a resolution approving new development impact fees and a Development Impact Fee Study Pursuant to the Mitigation Fee Act and conducted first and second readings on an ordinance addressing zoning and payment of the new development impact fees.
The tasks associated with the new Nexus Study , which was approved in 2019, included an update of the Goleta Traffic Model, preparation of project development cost estimates for all Transportation DIF projects, and preparation of the Nexus Study addressing all of the DIFs. The 2019 Nexus Study identified the following fees:
1. Public Administration (including Police)
2. Fire
3. Library
4. Parks and Recreation
5. Transportation
6. Bicycle/Pedestrian
7. Storm Drain
In 2021, the City approved a new fee:
8. Non-Residential Affordable Housing Fee
The Mitigation Fee Act recommends an update to the Development Impact Fee Nexus Study every five years.
DISCUSSION:
Public Works staff requested proposals from two consultants on the Pre-Authorized Consultant list approved at City Council on January 17, 2023.
DKS and Associates, Inc., (DKS) has been selected to enter into a Professional Design Service Agreement to support the DIF Nexus Study Update. The proposal consisted of two elements:
Goleta Traffic Model Up date by DKS. The work includes developing an updated traffic model in “VISUM” software, securing new city-wide traffic counts (completed in Fiscal Year 2023 /24 under a separate contract), updating signal timing plans, updating land-use from the City, Count y, and Airport, validating the traffic model, and preparing reports. This model will thoroughly evaluate the latest re-zoning of housing sites in the City of Goleta and the County of Santa Barbra resulting from recent Housing Element adoptions.
Update of Nexus Study , b y DKS and Urban Economics (as sub-consultant to DKS). This effort includes a review of the existing fee program and legislative changes, an assessment of land use and growth assumptions, develop ment of growth forecasts, complet ion of the traf fic analysis needed for the facility fee 2 Meeting Date: August 20, 2024
update, determination of fee allocation for identified transportation projects, calculation of updated fees, preparation of draft and final reports.
The Professional Design Services Agreement with DKS has a total not-to-exceed amount of $275,700 and an expiration date of December 31, 2025, and is included as Attachment
1. MNS Engineers, Inc. (MNS) has been selected to enter into a Professional Design Service Agreement to provide engineering cost estimate support for the DIF Nexus Study Update. This effort entails the development of current cost estimates for the transportation projects identified in the updated Goleta Traffic Model (prepared by DKS). This includes confirmation of transportation project development cost estimates format and applied percentage factors and of project graphics, updates to project estimates and graphics for existing capital projects, preparation of new development cost estimates and graphics for new capital projects, and preparation of draft and final reports. The Professional Design Services Agreement with MNS has a total not -to-exceed of $156,282 and an expiration date of December 31, 2025, and is included as Attachment 2.
GOLETA STRATEGIC PLAN:
An update of the DIF Nexus Study furthers the progress of the City’s Strategic Plan as it pertains to strengthening infrastructure.
City-Wide Strategy: 5, Strengthen Infrastructure
Strategic Goal : 5.1 Strengthen Citywide infrastructure, including roads and traffic circulation, bicycle lanes, paths, and sidewalks.
FISCAL IMPACTS:
These agreements and amendments are funded by various accounts listed in Table 1 below.
Table 1 – Estimated Costs and Funding for Agreements and Amendments Vendor Project
Component
Estimated
Total Costs
Funding Source Funding
Amounts
DKS DIF Nexus Study $275,700 Transportation
Facilities DIF
$54,000
MNS Engineering Cost
Estimate Support
$156,282 Parks & Recreation
Facilities DIF
$54,000
Public Administration
DIF
$54,000
Library Facilities DIF $54,000
Fire DIF $54,000
Storm Drain DIF $54,000
3 Meeting Date: August 20, 2024
Bicycle & Pedestrian
DIF
$54,000
Non-Residential
Affordable Housing
DIF
$54,000
Subtotal $431,982 $432,000
Staff is recommending the following budget appropriations to fund the DIF Nexus Study.
Table 2 – Recommended Budget Appropriations
Fund Type Account From Account To Amount
Transportation Facilities
DIF
Fund Balance 220-50-5200-51200 $54,000
Parks & Recreation
Facilities DIF
Fund Balance 221-50-5200-51200 $54,000
Public Administration DIF Fund Balance 222-50-5200-51200 $54,000 Library Facilities DIF Fund Balance 223-50-5200-51200 $54,000 Fire DIF Fund Balance 229-50-5200-51200 $54,000
Storm Drain DIF Fund Balance 234-50-5200-51200 $54,000
Bicycle & Pedestrian DIF Fund Balance 235-50-5200-51200 $54,000 Non-Residential
Affordable Housing DIF
Fund Balance 238-50-5200-51200 $54,000
Total $432,000
ALTERNATIVES:
City Council may direct staff not to approve the professional services agreements with DKS and Associates, Inc., and MNS Engineers, Inc., in which case the DIF Nexus Study update will not be completed, and the existing fee structure will continue. With significant development anticipated in the coming years and the resulting impacts of these developments, a delay in updating the Nexus Study is likely to result in a misalignment between future development and the fee structure required by the City to address the impacts of the development, thereby placing an undue financial burden on the City.
LEGAL REVIEW BY: Megan Garibaldi, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Professional Design Services Agreement with DKS and Associates, Inc.
2. Professional Design Services Agreement with MNS Engineers, Inc. 4 ATTACHMENT 1
Professional Design Services Agreement with DKS Associates, Inc. 5 City of Goleta
Public Works Department and DKS Associates, Inc.
Project Name: 2024 DIF Update Phase 2
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
DKS ASSOCIATES, INC
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ________ day of ______ , 20____, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as " CITY"), and DKS ASSOCIATES, INC , a California Corporation (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional services for the purpose of preparing the CITY’s 2024 Development Impact Fee Nexus Study and Traffic Model Update; 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; and
4. The City Council, on this 20th day of August, 2024, 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 quali fications, experience, and facilities to properly and timely perform said services.
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2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
Professional Services in conjunction with the 2024 Development Impact Fee update shall ge nerally include update of the Goleta Traffic Model and preparation of the Nexus Study update 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 $ 275,700 (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 tha t exhibit shall be binding upon CONSULTANT until December 31, 202 5, 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 CONSULTANT have agreed in writing before Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 7 City of Goleta
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the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement . Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designate d by CITY from time to time, and who presently is Gerald Comati. 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 December 31, 202 5, 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 drawi ngs, 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. Jim Damkowitch is deemed to be specially experienced and is a key Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 8 City of Goleta
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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 t o, 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 M anager’s prior written consent. City has agreed that CONSULTANT may subcontract services through:
Quality Counts, Brian Durrett, S.F. Bay Area Operations Manager Urban Economic, Robert Spencer, Principal
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 contrac tors 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, f rom any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liabilit y, automobile, infringement of copyright/patent/trademark, or professi onal 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 defend shall include any suits or act ions 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 Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 9 City of Goleta
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because of the acceptance by CITY, or the depo sit 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 V II 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 editi on 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 Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional li ability 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 u nder the general liability requirement shall be provided on Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 10 City of Goleta
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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 provided either in the additional insur ed 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 insur er’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 bef ore the effective date of this agreement. CONSULTANT agrees to maintai n 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 reduc ed 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 da ys 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 compli ance 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 Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 11 City of Goleta
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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 suffi cient 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.
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 t axes, unemployment insurance, and any other employer obligations assoc iated 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.
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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 responsibi lity 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 responsibili ty or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make 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 she ets, 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 writte n 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.
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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 stric tly 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 cont ext, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should litigation o ccur, venue shall be in Superior Court of Santa Barbara County.
21. NONDISCRIMINATION
The City reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business. No discrimination or discriminatory pra ctice shall occur in either employment of persons for, or completion of, the work contemplated by this Agreement, when such discrimination is based on race, color, national origin, or an cestry; religion; sex; gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citizenship status; age; sexual orientation; exercising a legally protected right to an employment leave of absence; status as a victim of domestic violence, sexual assault, or stalking; reproductive health decision-making, or any other classification protected under state or federal law.
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Among other possible violations of law, a violation of this section expose s CONSULTANT to the penalties provided for in Labor Code Section 1735.
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 n ot 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.
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.
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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 a nd 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 writ ing, 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 comp etent 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: Jim Damkowitch, Managing Director DKS Associates
428 J Street, Suite 340
Sacramento, CA 95814
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.
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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 John Bosket, PE, Vice President
ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Jim Damkowitch, Principal
APPROVED AS TO FORM:
ISAAC ROSEN, ACTING CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
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EXHIBIT A
A. GOLETA TRAVEL MODEL UPDATE
Task A1. Full upg rade to latest VISUM software version
Task A.1.1 Import Model into Latest Software Version
CONSULTANT shall import the Goleta Travel Model into the latest version of VISUM.
Task A.1.2 Properly Execute GP -1, GP-7, Current DIF Model CONSULTANT shall execute the CITY’s latest DIF Baseline and Forecast model.
Volume difference plots shall be generated to verify stable results relative to the previous PTV VISUM -16 software version. If stable results are not generated by the most recent software version CONSULTANT shall continue to use VISUM Version 16.
Task A2. Update Signal Timing Plans (new or modified intersections since 2015)
Task A.2.1 Identify Need to Update Signal Timing Plans for CITY/County Intersections
For new or modified signal timings post 2015, the CITY shall provide CONSULTANT the signal timing plans for CITY owned and operated signalized intersections currently included or planned for incorporation in the model network. CONSULTANT shall coordinate with the County of Santa Barbara for signals within the CITY’s modeling domain but which are operated by the County that have new or modified signal timings since 2015. The number of intersections requiring new or revised signal timings is assumed to be less than 10 for budgeting purposes.
Task A.2.2 Code Intersections Modified Post -2015
After receipt of all new or modified signal timing plans, CONSULTANT shall code/update the model intersection signal timings of up to ten (10) intersections identified in sub-task A.2.1.
Task A3. Re-examine Zone and Network Detail
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 18 City of Goleta
Public Works Department and DKS Associates, Inc.
Task A.3.1 Review TAZ Structure
CONSULTANT shall review the shape file of the existing model zone structure.
CONSULTANT shall coordinate with the CITY to refine TAZ boundaries where appropriate. Although no boundary changes are anticipated, CONSULTANT shall coordinate with the CITY where new developmen t has occurred since 2015 or anticipated new growth may dictate re-examination for the need to split TAZs.
Task A.3.2 Review Network and Connector Detail
CONSULTANT shall review all model ne twork attribute information. This includes: link type, directionality, number of lanes, capa city, length, design speed and link delay coefficients. Node attributes shall also be reviewed including intersection type, node capa city factors, node capa city, special delay links, turn penalties, node delay coefficients, base delay, intersection geometry and signal timing (see Task 2). Link and node attributes shall be systematically checked to current Goleta Model coding conventions for consistency.
The need for additional network detail (i.e., coding minor new development access roadways and/or collector and local streets currently not reflected in the model network) shall be determined and coded in coordination with the CITY modeling conventions. Given the matur ity of the Goleta model network and minimal roadway network infr astructure improvements in the CITY since 2015, the amount of new or revised network coding is not anticipated to be significant.
Task A.3.3 Coordinate with CITY on Model Zone and Network Modifications
CONSULTANT shall review the TAZ zone connectors. The number of zone connectors and the zone loading percentages (multi -point assignment) shall be reviewed relative to actual development driveway and network access characteristics. Where growth has occurred since 2015 or new growth is planned CONSULTANT shall determine if modifying zone connectors or loading is considered appropriate. If so, CONSULTANT in coordination with the CITY shall code these connector changes based on the CITY’s standard m odeling conventions.
Task A4. Update Baseline Land Use
Task A.4.1 Update CITY Land Use
It is not anticipated that any new land use categories will be added to the model.
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 19 City of Goleta
Public Works Department and DKS Associates, Inc.
CONSULTANT shall update the Goleta Model’s current 2015 baseline land use to reflec t a 2024 baseline. This shall entail working closely with the CITY to confirm what pending and approved development projects have been constructed and occupied within the CITY since 2015. To facilitate this task, the complete Existing Plus Approved and Pen ding (EPAP or Cumulative) development list submittals that the CITY regularly tracks its’ development permits shall be provided to CONSULTANT.
Task A.4.2 Update Non -CITY Land Use
CONSULTANT shall coordinate with the County of Santa Barbara and the CITY of Santa Barbara to update the non -CITY TAZ baseline land use in a similar fashion as sub-task A.4.1.
Task A.4.3 Update External Gateways
CONSULTANT shall reassess the external assumptions of the baseline model (i.e., I -X, X -I, X -X trips). These include, b ut are not limited to, US 101 (north - south), SR 154, Cathedral Oaks/SR 192, and Hollister Avenue. Although driven by land use growth, external assumptions (model domain gateways) are reflected as vehicle trips. The most recent traffic count data recorded at the model external stations (2023 -24) shall be reviewed and co nsidered relative to the 2013 -15 external traffic counts currently resident in the baseline model and adjusted as appropriate. CONSULTANT shall also review SBCAG’s regional travel demand model 2050 model assignments at all gateways entering/existing the CITY to gauge assumed future growth at each of the CITY’s gateways relative to historical growth rates.
Task A5. Development of 2024 AM/PM Peak Hour Assignment Baseline Model
Task A.5.1 Update Trip Generation Factors
CONSULTANT shall update the AM and P M peak hour models based on ITE (11th Edition) trip generation rates. Factors used to separate trips by trip purpose and by origin and destination (ins and outs) shall be checked relative to N CHRP 365 (the update to NCHRP 187 used to factor the current model).
Task A.5.2 Calibrate Model Parameters
Traffic counts collected in May 2024 shall be coded into the Goleta Travel Model to establish the baseline validation data set.
The need to adjust the ITE rates shall be based on an iterative calibration procedure. Up to fifteen (15) model runs shall be applied to test rate adjustments Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 20 City of Goleta
Public Works Department and DKS Associates, Inc.
that yield the best model fit with 2024 traffic counts. Based on these updated trip generation rates, the AM and PM peak hour productions and attractions shall be balanced. Disaggregation of external trips by trip purpose shall be checked and added to the internal trips origin and destination sums by trip purpose for balancing during calibration.
Task A6. AM/PM Peak H our Baseline Model Validation
Task A.6.1 Static Validation
CONSULTANT shall perform a full AM and PM peak hour validation for the CITY of Goleta VISUM Travel Model. The proposed validation methods shall include:
Static Validation
Screenline Analysis Validation
Functional Class (Road Type) Validation
Correlation Statistics
Each of the validation methods shall be based on the AM and PM peak hour validation counts provided by the CITY. For non -CITY roadways, AM and PM peak hour counts shall be harvested from the County’s traffic count data base and/or from the Goleta Valley Model.
The static validation for the AM and PM Peak Hour Travel Model shall include screenline validation, link -based validation by functional class, and correlation statistics. Each of th ese validation checks are described below. Nine validation screenlines have historically been used for validation of the CITY’s travel model.
These nine screenlines shall be retained for the baseline model update. State and federal model validation guideli nes suggest that total model -estimated traffic across a screenline to be no more than ten percent different from the total traffic counts.
The standard FHWA and Caltrans travel forecasting guidelines recommend validation criteria based on a comparison of t otal model volumes and traffic counts on various facility types, including:
Freeways
Principal Arterials
Collectors
Frontage Roads
Local Roads
Model network links shall be stratified by functional classification, along with a detailed inventory of the num ber of links, how many of these links have associated validation counts, and the percent error between the actual counts Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 21 City of Goleta
Public Works Department and DKS Associates, Inc.
and model predictions. The state guidelines dictate that each functional class should achieve below the desired % error.
Correlation Statistics
The standard FHWA and Caltrans travel forecasting guidelines recommend a correlation between model estimates and counts of 0.88 or more. State guidelines also include a correlation curve with a recommendation that 75 percent of daily link volume estimates compared to counts fall within the curve.
Task A.6.2 Dynamic Validation
Dynamic validation methods provide valuable feedback into the accuracy and consistency of the travel model and its behavior. CONSULTANT shall perform several dynamic validation exercises to ensure that the model properly responds to changes in inputs, i.e., that the magnitude and direction of model behavior makes sense. Such exercises shall include:
Add a link
Delete a link
Change link speeds
Change link capacities
Add 100 households to a TAZ
Add 1,000 households to a TAZ
For the CITY of Goleta Travel Model dynamic validation, CONSULTANT proposes the following dynamic validation exercises:
addition and deletion of housing units within highest populated areas of the CITY;
addition and deletion of the number of employees at one or two high employment centers; and,
a hypothetical bypass shall be coded.
These dynamic validation tests shall be developed in consultation with the CITY.
CONSULTANT shall develop a technical memorandum which shall describe the static and dynamic validation process and results.
Task A7. CITY of Goleta Model Update Report
Task A.7.1 Administrative Draft Plan
CONSULTANT shall develop a single unified model development report describing each step of the bas eline model update process. This administrative draft report shall be submitted to the CITY for comments.
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 22 City of Goleta
Public Works Department and DKS Associates, Inc.
Task A.7.2 Final Plan
After receipt of a single round of unified comments from the CITY, the Consultant shall address the comments and modify the dr aft report as appropriate for final submittal to the CITY.
Product: Final Model Update Report and Updated Model Files (Baseline Model).
TASK B. GOLETA FACILITIES FEE STRUCTURE TECHNICAL APPROACH
Task B.1. Review of Existing CITY Fee Program and Legislati ve Changes
Task B.1.1 Review Existing Program
CONSULTANT shall plan to update all four development impact fees documented in the previous update (transportation, general public facilities, library, and parks and recreation). The CONSULTANT Team shall review the CITY’s existing Fee Program. Since the previous update w as performed by the CONSULTANT Team this effort shall be expedited. It shall include review of the Ordinance and other available documentation, CITY Council actions, and the CITY’s administration of the program.
The CONSULTANT Team shall coordinate with CITY staff to identify areas of the Facilities Fee Program and/or its administration that are considered inefficient or problematic. These issues shall be specifically targeted for improvement by this revision. The CONSULTANT Team shall work with CITY staff to identify known deficiencies or concerns.
Task B.1.2 Review Legislative Changes
Given the passage of AB 602 , CONSULTANT shall implement modifications of the existing program to comply – particularly for residential fees which now must be based on floor area versus by unit. AB 602 also addresses ADUs and modifies the public review process for fee updates.
Task B.2. Land Use and Growth Assumptions
CONSULTANT shall use the CITY’s General Pla n build-out land use to provide the basis for the land use assum ptions and development forecasts to be used to estimate future facility needs and cost allocations. It shall consist of the following sub-tasks:
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 23 City of Goleta
Public Works Department and DKS Associates, Inc.
Task B.2.1 Time Horizon
A 2050 forecast horiz on shall be used for the Facilities Fee Update. A 2050 forecast horizon is consistent with the planning horizon developed for the CITY’s General Plan Update preferred land use scenario. It is also consistent with SBCAG’s RTP/SCS planning horizon and the CITY’s updated travel demand model forecast horizon. A planning horizon of 2050 is considered long enough to plan for long-term infrastructure needs, yet short enough to represent reasonably anticipated growth based on current land use policy.
Given that the updated Goleta Model (see Task A) is based on a 202 4 baseline year, the baseline year of 2024 shall be considered for this fee update. Although selecting the most current year as baseline is typically desired, a baseline year gap of several years shou ld not be considered problematic as development growth within that span can be easily tracked and accounted/controlled for using the CITY’s Cumulative Land Use Development tracking.
Task B.2.2 Land Use Assumptions
The CONSULTANT Team shall review the e xisting Facilities Fee land use categories for which the fee shall be calculated and make recommendations if these should be revised. The CONSULTANT Team shall define the operative land use assumptions, such as persons per household and employees per square foot, to be used to forecast growth and facility demand.
Task B.2.3 Growth Forecasts
Once the land use categories and assumptions are defined, the CONSULTANT Team shall prepare a growth forecast for each land use category. The CITY’s General Plan pref erred land use forecast shall serve as the foundation of this analysis. A key task shall be addressing amendments to the General Plan or the zoning code that would allow different development types to develop is specific areas that was not envisioned when the General Plan was adopted in 2006.
CONSULTANT shall make a key land use assumption for the non-CITY of Goleta areas of the Goleta Modeling domain. This assumption shall have an effect on total travel demand and influence to varying degrees the fair share estimates at specific locations/improvements. CONSULTANT shall coordinate with the CITY, County and CITY of Santa Barbara regarding the appropriate land use assumptions for these areas.
Product: Draft and Final Land Use Assumptions and Projections Memoranda
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 24 City of Goleta
Public Works Department and DKS Associates, Inc.
Task B.3 Transportation Analysis
The CONSULTANT Team shall coordinate with CITY to perform the transportation analysis needed for the Facilities Fee Program update.
The updated Goleta Travel Model, in conjunction with updated demand projections, shall provide critical components of the Facilities Fee Program nexus analysis, including: defining the CITY network; allocating travel demand among land uses and between new, existing, and external development; determining existing deficiencies; and selecting capital improvements for fee funding.
Although traffi c counts shall determine existing/baseline operations for the fee update, the future year AM/PM Peak Hour Goleta Model shall be applied to generate the future year volume sets to determine fut ure year operations (baseline model runs are scoped as part of Task A).
The land use projections and ITE vehicle trip generation information shall provide the basis for estimating the growth in Dwelling Unit Equivalents ( DUEs). The percentage growth in DU E’s can be considered when establishing the fair share for the a sset-based non-transportation impact fees (i.e., general public facilities, library, and parks and recreation, bicycle facilities).
Product: Technical Memorandum including traffic model specif ications and analysis needed to support impact fee program update.
Task B.4. Capital Improvement Program
The CONSULTANT Team shall work with CITY staff to update the current list of capital improvements as well as existing public facility inventories for the three non-transportation impact fees. This final updated li st and their corresponding costs covered in full or in part by the Facilities Fee Program update shall be provided to CITY in an Excel database format. These tasks include the following:
Task B.4.1 Asset and Deficiency Assessment
For the transportation fee, CONSULTANT shall use CITY’s ADT Thresholds and Intersection LOS standards and design standards to define specific goals related to traffic levels and facility design within the CITY Program network. Service and design standards shall facilitate decisions regarding the type, location, and level of improvements needed. They will also help allocate costs between new and existing development, an important determination, as improvements needed to correct existing deficiencies must be funded with other sources.
For the three non -transportation fee the CONSULTANT Team shall evaluate existing and planned facilities needs to develop the most appropriate level of service policy for the nexus analysis. The CONSULTANT Team shall coordinate Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 25 City of Goleta
Public Works Department and DKS Associates, Inc.
with CITY staff to tier fro m the prior update assumptions and data on existing facilities to be included in the nexus analysis. This evaluation shall again include consideration of the statutory level of service standar d associated with a Quimby parkland dedication in-lieu fee.
Task B.4.2 Identify Facility Fee Program Projects
The designation of improvements to CITY facilities shall be identified consistent with AB 1600 requirements and consistent with the existing and future deficiency analysis as applicable. The CONSULTANT Team shall seek assistance from CITY staff to identify planned improvements for the three non -transportation impact fees.
Product: Technical memorandum identifying the basis for project selection and Facility Fee Program projects.
Task B.4.3 Develop Capital Cost Estimates
Updated improvement costs to previously identified improvements carried forward as part of this update shall be provided to CONSULTANT by CITY. For the costing of new or redefined improvements, the CONSULTANT Team shall incorporate all plannin g level cost estimates developed by the CITY or its consultants performing this CIP costing task.
Product: Draft and Final Capital Improvement Program
Task B.4.4 Identify Funding Requiremen ts and Sources
The CONSULTANT Team shall match the capital improvements described above with their anticipated or expected funding sources. Projects with designated funding sources shall generally not be included in the Facility Fee Program calculations. CONSULTANT, in consultation with the CITY, shall identify all other “discretionary” funding sources, including Federal, State, and local funds.
Revenue information provided by the CITY as part of SBCAG’s RTP/SCS financial constrained assessment shall provide an obvious starting point for such an analysis. The total discretionary and non -discretionary funding amounts shall be deducted from the total of the cost estimates to determine the net funding gap for purposes of the Facilities Fee Program calculation.
Revenues already encumbered from the previous Facilities Fee Pr ogram or developer contribution requirements shall likely be considered part of the funding pool and shall be deducted from total Facility Fee Program cost estimates. It will be necessary to avoid “double-charging” for individual improvement projects.
Product: Cost and Funding Alternatives Memoranda
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 26 City of Goleta
Public Works Department and DKS Associates, Inc.
Task B.5. Cost Allocation Methodology
CONSULTANT Team shall allocate the total cost of the planned improvements using nexus calculations derive d from the traffic model. For the three non - transportation impact fees, the CONSULTANT Team shall allocate costs based on service population including residents and workers. Workers will be weighted relative to residents to reflect relative differences in service demand for each type of facility.
Task B.5.1 Allocation Between New, Existing, and External Development CONSULTANT shall review each capital project developed in Task 4.2 to determine the proportion attributable to existing deficiencies and the p ortion to future growth. For the transportation fee, this calcul ation shall be based on the service standards documented in Task 4.1 and trip generation estimates derived from the traffic model and demand projections. For the three non -transportation fees costs shall be allocated per capita based on service population. It will be important not only to establish nexus in terms of a “relationship” but also to ensure that the portion of the cost allocated to new growth is reasonable and based on demonstrated need or demand for services. Only the portion of costs attributable to new growth within the city since the Facility Fee Program’s inception shall be included in the program update.
Task B.5.2 Allocation by Land Use
CONSULTANT shall also distribute the total costs of each improvement among each of the land use types specified in Task 2.2 based on their relative demand for each improvement. The analysis shall abide by legally defensible nexus standards per AB1600.
Task B.5.3 Allocation by Jurisdiction (U CSB/County/CITY of Santa Barbara)
CONSULTANT shall prepare a Cos t Allocation Memoranda. For purposes of this analysis, the following sub -areas have been previously identified based on the Goleta Travel Model TAZ structure:
1. City of Goleta TAZs;
2. Non-City TAZs; and,
3. External Zone TAZs.
These three areas are the operative geographic units for determining developer fees. New development and the resulting trip growth associated with the City of Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 27 City of Goleta
Public Works Department and DKS Associates, Inc.
Goleta TAZs determine the fees while trips associated with Non -City and External TAZ growth do not.
For information purposes, the Goleta Travel Model has been further divided into the following sub-geographies:
City of Goleta – Old Town Area;
City of Santa Barbara – Old Town Area;
County of Santa Barbara – Old Town Area;
City of Santa Barbara – Airport Master Plan Area;
City of Santa Barbara – Airport Community Plan Area (same as Old Town Area);
City of Santa Barbara – East Goleta Valley; and,
University of California at Santa Barbara (UCSB)
Trips associated with new de velopment planned within these sub -areas were analyzed to determ ine the fee implications associated with inter -jurisdictional travel demand. These geographies are shown in Figure 1. TAZ to Planning Area correspondence tables are available for files for analysis.
Select link (Flow Bundle) analysis shall be performed to determine the fair share contribution of trips associated with these jurisdictions and sub -areas and specifically new development within these jurisdictions and sub-areas.
Product: Draft and Final Cost Allocation Memoranda
Task B.6. Preliminary Fee Calcu lation
Task B.6.1 Preliminary Fee Schedule
Based on the cost allocation and growth assumptions described above, the CONSULTANT Team shall develop a preliminary fee calculation for each land use. Specifically, the total improvement costs shall be divided by the expected growth in each land use category. The CONSULTANT Team shall summarize the impact fees by area for each land use for review by CITY. This preliminary fee calculation is design ed to elicit input regarding the amount, scope, and incidence of the fees calculated.
Per AB 602 (effective July 1, 2022), residential fees must now be expressed on a per square foot basis rather than by unit. In addition, SB 13 provides screening criteria for ADU housing developments. The CONSULTANT Team shall coordinate with the CITY to address both AB 602 and SB 13 as part of this facilities fee update.
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 28 City of Goleta
Public Works Department and DKS Associates, Inc.
Task B.7. Final AB1600 Fee Calculation
Task B.7.1 Final Fee Schedule
The CONSULTANT Team shall update the preliminary impact fee schedule based on the input der ived from the work conducted in Task 6. For example, the preliminary fee calculation methodology may be revised to incorporate changes in the amount, scope, or incidence of the fees.
The annual fee adjustment process shall also be examined. The CONSULTANT Team can evaluate the various indices used to adjust fees from year to year.
Product: Draft and Final Program Schedule
Task B.8. Draft and Final Facility Fee Program Technical Report
Task B.8.1 Draft Facility Fee Program Nexus Report
The CONSULTANT Team shall prepare a Technical Report that documents the assumptions and methodology and establishes the legally required nexus for creating the revised Facility Fee Program. The report shall be prepared in accordance with the Mitigation Fee Act (AB1600), as recorded in California Government Code Section 66000-66008. The Report shall also identify alternative funding sources that may be applicable to offset costs of required transportation improvements. The report shall include copies of all data, models, mapping, and other materials used in the analysis. The CONSULTANT Team shall first prepare an Administrative Draft Technical Report for CITY review before preparing a Draft Technical Report for broader circulation and review.
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 29 City of Goleta
Public Works Department and DKS Associates, Inc.
Figure 1 Goleta Travel Model Sub-Areas
Source: Goleta Development Impact Fee Program Update, Appendix A: Traffic Needs Analysis.
Task B.8.2 Final Facility Fee Program Nexus Report
Based on comments received on the draft report, the CONSULTANT Team shall submit a Draft Final Technical Report. The Final Technical Report shall be written so as to be easily understood by non -technical readers. The purpose is to provide a user-friendly documentation of the Facilities Fee Program structure and its basis.
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 30 City of Goleta
Public Works Department and DKS Associates, Inc.
Product: Administrative Draft and Draft Final Program Technical Report
Task B.9. Revise Impact Fee Program Ordinance and/or Resolutions
Task B.9.1 Draft Facility Fee Program Ordinance and/or R esolutions Revision of the existing program Ordinance may be nee ded to maintain a fee program that can be sustained over many years, and one that will meet the needs of a growing CITY. The CONSULTANT Team shall review the Ordinance and/or resolutions, with input from CITY, and prepare updates based on the findings of all previous tasks.
Task B.9.2 Final Facility Fee Program Ordinance and/or Resolutions Based on internal CITY input and comments on recommended draft changes to the program Ordinance (if any), the CONSULTANT Team shall finalize the Ordinance.
The CITY recognizes that the CONSULTANT Team does not have legal expertise and that any modifications proposed by the CONSULTANT Team must be reviewed and revised by CITY Legal Counsel.
Product: Draft and Final Program Ordinance and/or Resolution Revisions
Task B.10. Planning Commission and CITY Council Presentations
Task B.10.1 Preparation of Presentation Materials (PPT - Support Staff Reports)
The CONSULTANT Team shall support CITY staff to prepare pr esentation materials (i.e., staff report support and PowerPoint presentations) for both the CITY’s Planning Commission and its CITY Council.
Task B.10.2 Commission and Council Presentations (2 Meetings) If desired, the CONSULTANT Team shall attend these meetings and participate in the presentations. Two in -person meetings total are assumed for budgeting purposes (one each). If additional commission or council meetings are desired, additional budget shall be needed on a time and materials basis.
Product: S taff Report text and PPT presentations, participation in presentations.
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 31 City of Goleta
Public Works Department and DKS Associates, Inc.
TASK C. PROJECT MANAGEMENT
Task C.1.1 Schedule
CONSULTANT shall coordinate with the CITY prior to work being performed on the anticipated schedule for completing key interim deliverables and the DIF update.
Task C.1.2 Project Management Meetings
The CONSULTANT Team shall regularly meet with CITY staff during the update of the Goleta Travel Model and development of the DIF update. It is anticipated that 6 check -in meetings shall be required during the model update and 24 check-in meetings shall be desired during the DIF update.
Task C.1.3 Monthly Progress Reports and Invoices
CONSULTANT shall prepare monthly progress reports as part of its regular invoicing.
Task C.1.4 Meeting Sho rt-Term Action Lists
CONSULTANT shall prepare a Short-Term Action list that shall serve as the agenda and minutes for the Project Management Meetings (Task C).
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 32 City of Goleta
Public Works Department and DKS Associates, Inc.
EXHIBIT B
Fee Schedule
Effective July 1, 2024 through December 31, 2025
ENGINEERS and PLANNER TECHNICIANS and SUPPORT STAFF
Grade Classification Hourly Rate Grade Classification Hourly Rate Grade 5 Planner/Engineer Assistant 80.00 Tech Level G Technician/Coordinator I 70.00 Grade 6 Planner/Engineer Assistant 85.00 Tech Level H Technician/Coordinator I 75.00 Grade 7 Planner/Engineer Assistant 90.00 Tech Level I Technician/Coordinator I 80.00 Grade 8 Planner/Engineer Assistant 95.00 Tech Level J Technician/Coordinator I 85.00 Grade 9 Planner/Engineer Assistant 100.00 Tech Level K Technician/Coordinator I 90.00 Grade 10 Planner/Engineer Assistant 105.00 Tech Level L Technician/Coordinator I 95.00 Grade 11 Planner/Engineer Assistant 110.00 Tech Level M Technician/Coordinator II 100.00 Grade 12 Planner/Engineer Assistant 115.00 Tech Level N Technician/Coordinator II 105.00 Grade 13 Planner/Engineer Assistant 120.00 Tech Level O Technician/Coordinator II 110.00 Grade 14 Planner/Engineer Assistant 125.00 Tech Level P Technician/Coordinator II 115.00 Grade 15 Planner/Engineer Associate 130.00 Tech Level Q Technician/Coordinator II 120.00 Grade 16 Planner/Engineer Associate 135.00 Tech Level R Technician/Coordinator II 125.00 Grade 17 Planner/Engineer Associate 140.00 Tech Level S Technician/Coordinator III 130.00 Grade 18 Planner/Engineer Associate 145.00 Tech Level T Technician/Coordinator III 135.00 Grade 19 Planner/Engineer Associate 150.00 Tech Level U Technician/Coordinator III 140.00 Grade 20 Planner/Engineer Associate 155.00 Tech Level V Technician/Coordinator III 145.00 Grade 21 Planner/Engineer Associate 160.00 Tech Level W Technician/Coordinator III 150.00 Grade 22 Planner/Engineer Associate 165.00 Tech Level X Technician/Coordinator III 155.00 Grade 23 Planner/Engineer Associate 170.00 Tech Level Y Technician/Coordinator IV 160.00 Grade 24 Transportation Planner/Engineer 175.00 Tech Level Z Technician/Coordinator IV 165.00 Grade 25 Transportation Planner/Engineer 180.00 Tech Level AA Technician/Coordinator IV 170.00 Grade 26 Transportation Planner/Engineer 185.00 Tech Level AB Technician/Coordinator IV 175.00 Grade 27 Transportation Planner/Engineer 190.00 Tech Level AC Technician/Coordinator IV 180.00 Grade 28 Transportation Planner/Engineer 195.00 Tech Level AD Technician/Coordinator IV 185.00 Grade 29 Transportation Planner/Engineer 200.00 Tech Level AE Technician/Coordinator IV 190.00 Grade 30 Transportation Planner/Engineer 205.00 Tech Level AF Technician V/Coordinator V 195.00 Grade 31 Transportation Planner/Engineer 210.00 Tech Level AG Technician V/Coordinator V 200.00 Grade 32 Transportation Planner/Engineer 215.00 Tech Level AH Technician V/Coordinator V 205.00 Grade 33 Transportation Planner/Engineer 220.00 Tech Level AI Technician V/Coordinator V 210.00 Grade 34 Sr Planner/Engineer/Modeling Lead 225.00 Tech Level AJ Technician V/Coordinator V 215.00 Grade 35 Sr Planner/Engineer/Modeling Lead 230.00 Tech Level AN Technician V/Coordinator V 220.00 Grade 36 Sr Planner/Engineer/Modeling Lead 235.00 Tech Level AO Technician V/Coordinator V 225.00 Grade 37 Sr Planner/Engineer/Modeling Lead 240.00 Tech Level AP Technician V/Coordinator V 230.00 Grade 38 Sr Planner/Engineer/Modeling Lead 245.00
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 33 City of Goleta
Public Works Department and DKS Associates, Inc.
Fee Schedule
Effective July 1, 2024 through December 31, 2025
ENGINEERS and PLANNER TECHNICIANS and SUPPORT STAFF
Grade Classification Hourly Rate
Grade 52 Principal/Director 315.00
Grade 53 Principal/Director 320.00
Grade 54 Principal/Director 325.00
Grade 55 Principal/Director 330.00
Grade 56 Principal/Director 335.00
Grade 57 Principal/Director 340.00
Grade 58 Principal/Director 345.00
Grade 59 Principal/Director 350.00
Grade 60 Principal/Director 355.00
Grade 61 Principal/Director 360.00
Grade 62 Principal/Director 365.00
Grade 63 Principal/Director 370.00
Grade 64 Principal/Director 375.00
Grade 65 Principal/Director 380.00
Grade 39 Sr Planner/Engineer/Modeling
Lead
250.00
Grade 40 Senior Planner/Engineer 255.00
Grade 41 Senior Planner/Engineer 260.00
Grade 42 Senior Planner/Engineer 265.00
Grade 43 Senior Planner/Engineer 270.00
Grade 44 Senior Planner/Engineer 275.00
Grade 45 Senior Planner/Engineer 280.00
Grade 46 Senior Planner/Engineer 285.00
Grade 47 Senior Planner/Engineer 290.00
Grade 48 Senior Planner/Engineer 295.00
Grade 49 Senior Planner/Engineer 300.00
Grade 50 Principal/Director 305.00
Grade 51 Principal/Director 310.00
All invoices are due and payable within 30 days of date of invoice. Invoices outstanding over 30 days will be assessed a 1 1/4 percent service charge, compounded, for each 30 days outstanding beyond the initial payment period. Service charges are not included in any agreement for maximum charges.
Docusign Envelope ID: 83B53DF7-0808-45DD-A29C-AC4F5370E197 34 ATTACHMENT 2
Professional Design Services Agreement with MNS Engineers, Inc. 35 City of Goleta
Public Works Department and MNS Engineers, Inc.
Project Name: 2024 DIF Update Phase 2
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ________ day of ______ , 20____, 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. T he CITY has a need for professional services for the purpose of preparing the CITY’s 2024 Development Impact Fee Nexus Study and Traffic Model Update; and
2. T he 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. T he CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260; and
4. The City Council, on this 20th day of August, 2024, 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:
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Professional S ervices in conjunction with the 2024 Development Impact Fee update shall generally include update of the Goleta Traffic Model and preparation of the Nexus Study update 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 $15 6,282 (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 December 31, 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 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 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: 9A9186A3-0586-4878-B355-07A0CBDC42A6 37 City of Goleta
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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 Gerald Comati. 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 December 31, 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. Shawn Kowalewski 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 Docusign Envelope ID: 9A9186A3-0586-4878-B355-07A0CBDC42A6 38 City of Goleta
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may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, 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 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 Docusign Envelope ID: 9A9186A3-0586-4878-B355-07A0CBDC42A6 39 City of Goleta
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Company rating of A - or better, Class V II 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 non- owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional 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 200 4, 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 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.
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c) 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 through a period no less than three years after completion of the services required by this agreement.
d) Except for professional liability insurance, liability coverage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall 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 paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to 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.
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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 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 Docusign Envelope ID: 9A9186A3-0586-4878-B355-07A0CBDC42A6 42 City of Goleta
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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.
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.
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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.
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
The City reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business. No discrimination or discriminatory practice shall occur in either employment of persons for, or completion of, the work contemplated by this Agreement, when such discrimination is based on race, color, national origin, or ancestry; religion; sex; gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citizenship status; age; sexual orientation; exercising a legally protected right to an employment leave of absence; status as a victim of domestic violence, sexual assault, or stalking; reproductive health decision-making, or any other classification protected under state or federal law.
Among other possible violations of law, a violation of this section exposes CONSULTANT to the penalties provided for in Labor Code Section 1735.
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 Docusign Envelope ID: 9A9186A3-0586-4878-B355-07A0CBDC42A6 44 City of Goleta
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current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “ CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.
27. CAPTIONS
The captions or 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.
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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: Shawn Kowalewski PE
VP and Principal Engineer
MNS Engineers, Inc.
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
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.
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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 Darren Riegler, CEO
ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Miranda Patton, Secretary
APPROVED AS TO FORM:
ISAAC ROSEN, ACTING CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
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EXHIBIT A - SCOPE
Task 1 – Project Initiation
CONSULTANT shall conduct a kick-off meeting with key CITY staff and consultants to discuss project scope, purpose, requirements and details. The team in attendance at this meeting will make up the project development team (PDT) and will take part in all project developments and decisions.
CONSULTANT shall collect and review available record data from the CITY staff.
Data may include State, County, CITY and other record/documents, existing CAD/GIS files of street, storm drain, survey centerline and property monument data, topographic maps, aerial photographs, and traffic studies or reports.
Task 1 Deliverables
• Kick-Off Meeting with Agenda and Minutes
• Collect, Review and Organize Data
Task 2 – Update Existing and Develop New GTIP Projects
CONSULTANT shall use the CITY’s electronic version of the existing Transportation DIF worksheets developed in 2018, for this work. CONSULTANT shall try to improve the function and operation of the worksheets if the budget and schedule allow.
CONSULTANT will verify with the CITY which of the unconstructed existing GTIP Transportation DIF Projects will remain in the 2024 DIF Update. Following this verification from the CITY, CONSULTANT shall convert the existing Transportation DIF projects to the new format and update the project graphics and estimates. CONSULTANT shall assumes twenty existing projects will be updated.
CONSULTANT shall develop new Transportation DIF Update Projects identified by the CITY Traffic Consultant. CONSULTANT shall assume ten new projects will be developed.
Overall, this effort shall include the following activities:
• Update/develop graphics showing project Location within CITY of Goleta. • Update/develop graphics showing existing conditions and proposed project improvements.
• Update/develop quantity take off for proposed improvements. • Update/develop cost estimate.
• Review and approval by CITY of updated project graphics and cost estimate.
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Task 2 Deliverables
• Project graphics and cost estimates for all 2024 Transportation DIF Update Projects.
Task 3 – Prepare Documentation
CONSULTANT shall prepare a preliminary 2024 Transportation DIF Update Projects Report. The report shall consist of an overall summary as well as the individual project concept exhibits and reports, traffic data, estimated costs, expected timing, etc.
The preliminary report shall be provided to the CITY for review and comment.
Once the CITY has completed the preliminary report review, CONSULTANT shall conduct a meeting to review the comments and discuss changes to the scope of work or direction of the final project deliverables.
The GTIP 2024 Transportation DIF Update Projects Report and individual projects shall be revised and finalized to address the CITY review comments.
The final report will be provided in indexed PDF format as well as original hardcopy in a binder. CITY comments shall be incorporated or otherwise addressed. A written response to each review comment will be provided to the CITY with the final 2024 Transportation DIF Update Projects Report.
Task 3 Deliverables
• Preliminary 2024 Transportation DIF Update Projects Report with Project Concept Exhibits and Reports (up to 30 projects)
• Preliminary Review Comments Response Memorandum
• Final 2024 Transportation DIF Update Projects Report with Project Concept Exhibits and Reports (up to 30 projects)
Services Not Included
• Professional land surveying or public right of way or private real property investigations.
• R- value testing for pavement design.
• Traffic analysis or impact studies (provided by the CITY Traffic Consultant) • Utility research and location of underground utilities. • Environmental documentation or permitting determinations.
Should work be needed in these areas, or areas not previously described, CONSULTANT will prepare a proposal or amendment, at the CITY’s request, which contains the Scope of Services, fee and schedule required to complete the additional work items.
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CITY Provided Items
• Previously prepared documents, studies, project budget details, etc. • List and scope of new 2024 Transportation DIF Update Projects. • GIS or CAD files for base mapping and project concepts (new projects)
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EXHIBIT B
ENGINEERING CONSTRUCTION MANAGEMENT GOVERNMENT SERVICES Principal Engineer $305 Principal Construction
Manager $330 City Engineer $265
Lead Engineer 270 Senior Construction
Manager 290 Deputy City Engineer 235
Supervising Engineer 255 Senior Resident Engineer 265 Assistant City Engineer 225 Senior Project Engineer 235 Resident Engineer 250 Plan Check Engineer 185 Project Engineer 210 Structure Representative 245 Permit Engineer 175 Associate Engineer 190 Construction Manager 230 City Inspector 168 Assistant Engineer 175 Assistant Resident
Engineer 210 Senior City Inspector (PW) 185
Sr. Construction Inspector
(PW) 185 City Inspector (PW) 177
SURVEYING Construction Inspector
(PW) 177 Principal Stormwater
Specialist
190
Principal Surveyor $280 Office Administrator 135 Senior Stormwater Specialist
180
Lead Surveyor 270 Stormwater Specialist 170
Supervising Surveyor 230 PLANNING Stormwater Technician 150 Senior Project Surveyor 210 Planning Director $235 Building Official 250 Project Surveyor 185 City Planner/Planning
Manager 220 Senior Building Inspector 200
Associate Project
Surveyor 175 Principal Planner 205 Building Inspector 175 Assistant Project
Surveyor 160 Senior Planner 190 Senior Grant Writer 190 Party Chief (PW) 190 Associate Planner 160 Grant Writer 180 Chainperson (PW) 160 Assistant Planner 135 Associate Grant Writer 160 One-Person Survey
Crew (PW) 225 Planning Technician 115 Assistant Grant Writer 145
TECHNICAL SUPPORT ADMINISTRATIVE SUPPORT
CADD Manager $210 Senior Management
Analyst $195
Supervising Technician 180 Management Analyst 165
Senior T echnician 170 IT T echnician 150
Engineering T echnician 130 Graphics/Visualization
Specialist 160
Administrative Assistant 105
DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%).
Mileage will be charged at the current federal mileage reimbursement rate.
PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.
ANNUAL ESCALATION
Standard fee rates provided for each classification are subject to 5% annual escalation or the most recent US Bureau of Labor Statistics Consumer Price Index, whichever is higher.
OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate.
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