Given that the intent of the project is to restore fish passage and provide fish habitat, The consultant shall assume that the project will be viewed as restoration, and temporary impacts will be restored at a 1:1 ratio. The Consultant shall assume that mitigation will not be required. The Consultant shall anticipate that a Restoration Plan proposing restoration of the riparian areas that will be temporarily impacted by the Project will be sufficient, and that limited additional and immediately adjacent land would only be utilized for restoration efforts as needed to address replacement of individual protected native trees that cannot fit within the temporary impact restoration areas, i.e., removing non-native vegetation to allow for installation of native trees an understory.
Deliverables:
A Restoration Plan in electronic format (Microsoft Word and/or PDF) for city review, either as a standalone document or as part of the project description in the agency permit applications
Assumptions:
Assumes one round of review and response to comments from the city Assumes one round of review and response to comments from CDFW and CCRWQCB; that comments and changes will be limited and will not exceed a total of 5 hours
The overall project will be viewed as environmentally beneficial by the agencies, and restoration of temporarily disturbed areas will be sufficient, and mitigation will not be required
A Compensatory Mitigation Plan will not be required
The Santa Barbara County Flood Control District will approve of the city- approved restoration plan without change
Task 4 Cultural Resources Review and Coordination
The Consultant shall prepare the necessary cultural resources studies for the project to meet the requirements of the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act (NHPA).
Typically, the USACE does not accept reports that contain both CEQA and Section 106 language. Therefore, the cultural study will adhere to standards required for NHPA compliance but may be used to inform the project CEQA documents (MND).
Task 4.1 Area of Potential Effects Map
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In accordance with the regulations of 36 CFR 800.16(d), the Consultant shall prepare an Area of Potential Effects (APE) map that delineates an area of direct impacts (i.e., all areas of project ground disturbance including staging areas). The Consultant anticipates the direct APE will be limited to areas in which improvement activities will occur. The Consultant shall prepare and submit the APE map for approval by the City and the USACE. Upon approval of the APE map by the City and USACE, Consultant shall conduct Tasks 4.2 through 4.6.
Task 4.2 Cultural Resources Records Search
A cultural resources records search was previously performed for the San Jose Creek Capacity Improvement Project on January 14, 2009 (SAIC 2009). The USACE requires records search results no more than two years old. Therefore, the Consultant shall conduct a California Historical Resources Information System (CHRIS) records search of the project APE and a 0.5-mile radius surrounding it at the Central Coast Information Center (CCIC) located at the Santa Barbara Museum of Natural History. The primary purpose of the records search is to identify previously recorded cultural resources known to exist within or near the APE. In addition to the archaeological inventory records and reports, an examination will be made of historical maps, the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), the California Historical Landmarks list, California Points of Historical Interest List, California Built Environment Resource Directory and Archaeological Determinations of Eligibility List. The records search will also reveal the nature and extent of any cultural resources work previously conducted within the APE and adjacent vicinity. Due to the COVID-19 pandemic, the CCIC has suspended in-house records search appointments. CCIC staff are experiencing delays and turnaround times are approximately 2 to 3 weeks. Upon APE map approval by the City and USACE, Consultant shall provide the City and USACE with a schedule update.
Task 4.3 Native American Heritage Commission
The Consultant shall contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF). The SLF search will indicate whether cultural resources important to Native Americans are present within the vicinity of the APE.
This task does not constitute formal Native American Consultation under Assembly Bill 52 (AB 52). The Consultant shall assume the city will manage consultations under AB 52 without the Consultants assistance. Furthermore, Consultant understands that the USACE manages any consultations under Section 106, internally without assistance from consultants. Limited AB52 support will be provided under Task 6.
Task 4.4 Local Interested Party Outreach
The Consultant shall contact individuals and/or organizations who may have knowledge of, or concerns with, historic properties in the area. Outreach will 153
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include inquiries to local governments and local historic groups regarding their knowledge of historic properties in the immediate vicinity of the APE. The Consultant shall follow up with each of these groups via email or by telephone.
Task 4.5 Pedestrian Survey
Upon completion of the records search, the Consultant shall conduct a Phase I pedestrian survey of the APE. The Consultant archaeologist shall conduct the survey using transects spaced at maximum intervals of 15 meters with transect accuracy maintained through use of a hand-held global positioning system (GPS) unit. Results of the previous records search performed for the San Jose Creek Capacity Improvement Project indicate that no cultural resources are documented within the current project APE. One previously recorded historic-period resource (CA-SBA-2204) and three prehistoric resources (CA-SBA-45, -46, and -1696) were identified within the 0.5-mile search radius and are located approximately
0.3-mile from the APE. Therefore, for the purposes of this scope, the Consultant assumes that no cultural resources will be identified. No artifacts, samples, or specimens be collected during the survey. The Consultant assumes the survey effort will be completed by one archaeologist in a single 8-hour day, inclusive of travel time. The Consultant also assumes that the project APE will only include the approximately 8-acre direct project footprint and that an indirect APE will not need to be surveyed.
Task 4.6 Cultural Resources Technical Report
The Consultant shall prepare a Cultural Resources Technical Report documenting the results of the cultural study, as well as provide management recommendations for cultural resources within or near the project APE. The report will be included as an appendix to the MND Addendum being prepared for the project under Task 1.
The report will be prepared following the California Office of Historic Preservations Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The report will include figures depicting the area surveyed and studied for cultural resources. Draft copies of the report (digital pdf) will be submitted to the city and USACE for review and approval. The Consultant assumes one round of revisions based on one round of comments from the city and USACE will be necessary to address cultural resources concerns. Once reviewed, digital copies of the final report will be prepared and submitted.
Consultant assumes that consultation with the State Historic Preservation Office (SHPO) will be handled by USACE, and that Consultant shall not be needed for support with the consultation process.
Deliverables:
One APE Map for review by the city and the USACE
One Cultural Resources Technical Report
Assumptions:
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The City of Goleta will serve as the lead agency under CEQA The USACE will serve as the lead federal agency under Section 106 Approximate turn-around time for CCIC records search results is anticipated to be 2 to 3 weeks upon receipt of request
The survey of the APE will be completed by a single archaeologist in a single 8-hour day, inclusive of travel time
No artifacts, samples, or specimens be collected during the survey No cultural resources will be encountered during the field survey that require recordation, updates, or evaluations for the NRHP or CRHR All deliverables will be delivered electronically
One rounds of revisions based on one round of comments from the city and USACE will be necessary to address cultural resources concerns A copy of the Cultural Resources Technical report will be submitted to the CCIC after review and approval by the city and USACE
Consultation with SHPO will be handled by USACE and that Consultant shall not be needed for support with the consultation process
Task 5 - Project Management and Client Coordination
The Consultant shall be highly responsive to project needs through effective project management and coordination with the various parties involved to ensure all project requirements described above are met and in an efficient and cost- effective manner. The Consultant shall provide regular communication to the city throughout the course of the permitting process regarding project needs, changes, schedule, budget, and deliverables. This task includes miscellaneous activities required to manage the various tasks above such as regular e-mail and telephone communications and other tasks associated with contract administration, invoicing, and client coordination. The task covers internal quality control procedures, which include the Consultant Program Manager and Principal review of all submittals that will be prepared under this work program. This task also includes clerical work and production and shipping of submittals to the agencies. This task is largely comprised of effort for the Consultants staff to attend the biweekly team calls organized by the city to provide project status and solicit feedback from the citys project team.
This work program will be executed under the direction of the Consultant Principal Regulatory Specialist Christopher Julian and Senior Biologists/Project Managers Julie Love and Elizabeth Atherton, all of whom have extensive experience overseeing similar regulatory permitting projects.
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Task 6 - Assembly Bill 52 Consultation Assistance
The Consultant shall assist the City with AB 52 consultation so the Tribal Cultural Resources section of the MND Addendum can be prepared in support of Tasks 1 and 4. Under AB 52, the city acting as the lead CEQA agency, is required to begin consultation with California Native American tribes that are traditionally and culturally affiliated with the project area prior to the completion of the MND Addendum (Tasks 1.1 and 1.2). Under this task, the Consultant shall assist the city with consultation for AB 52 by requesting a list of AB 52-specific Native American contacts from the NAHC. The Consultant shall provide the city letter templates, checklists, and detailed instructions to ensure meaningful consultation with interested Native American groups can be completed in accordance with AB 52.
Task 7 Tidewater Goby Presence/Absence Survey
If a survey is requested for the tidewater goby by the USFWS during the informal consultation in Task 3.6, Consultant shall develop a plan to effectively conduct these surveys to meet the guidelines identified by USFWS and provide a high probability of locating any potential gobies located within the project area. The Consultant shall prepare and file notifications with the CDFW and USFWS to obtain approval to complete the protocol survey, as required per the USFWS Recovery Permit for tidewater goby and CDFW Scientific Collecting Permit protocols.
The survey will be carried out in a single survey day to assess the presence or absence of tidewater goby and led by Ms. Julie Love who holds a USFWS Recovery Permit for tidewater goby (No. TE-217402-2). Ms. Love will serve as the qualified biologist who has been fully trained and authorized to survey for and potentially handle tidewater gobies as required by USFWS protocol. Two support biologists will assist the qualified biologist. The survey results will be documented and provided via a brief memorandum to be provided to the USFWS and CDFW.
Deliverables:
Notifications to the CDFW and USFWS for protocol-survey approval Memorandum with survey results in support of the Section 7 informal consultation with USFWS
Assumptions:
One survey day will be performed, limited to 10 hours each for three personnel (inclusive of travel)
The survey report will be supplied to the city within two weeks following the completion of the survey effort
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The Consultant qualified biologist shall be based out of the Santa Barbara office and complete one survey day, to be joined by two associate biologists
Costs include expenses for fisheries equipment, including water quality testing and netting
Task 8 Incidental Take Permit Preparation, Submittal, and Limited Coordination
The Consultant shall prepare and submit an Incidental Take Permit (ITP) application for project impacts to steelhead trout. The application will be in letter format, organized in accordance with the permit application requirements set forth in CDFW regulations at 14 CCR 783.2. In addition to standard applicant and project information, the ITP application must also include the following:
The common and scientific names of the species to be covered by the permit and the species' status under CESA, including whether the species is the subject of rules and guidelines pursuant to Section 2112 and Section 2114 of the Fish and Game Code
A complete description of the project or activity for which the permit is sought
The location of where the project or activity is to occur or to be conducted An analysis of whether and to what extent the project or activity for which the permit is sought could result in the taking of species to be covered by the permit
An analysis of the impacts of the proposed taking on the species An analysis of whether issuing the ITP would jeopardize the continued existence of a species, including consideration of the species' capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (A) known population trends, (B) known threats to the species, and (C) reasonably foreseeable impacts on the species from other related projects and activities
Proposed measures to minimize and fully mitigate the impacts of the proposed taking
A proposed plan to monitor compliance with the minimization and mitigation measures and the effectiveness of the measures A description of the funding sources and the level of funding available for implementation of the minimization and mitigation measures Certification language as required by CDFW
The Consultant shall be available to coordinate with the city and the CDFW during review of the ITP application letter as described under the cost assumptions below. 157
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Deliverables:
ITP Application in electronic letter format
Assumptions:
The Consultant shall review two rounds of consolidated comments from the City as well as associated revisions prior to submittal. The Consultant cost assumes revisions would be relatively minor.
The Consultant shall review one round of consolidated comments from CDFW as well as associated revisions. The Consultant cost assumes revisions would be relatively minor.
No additional surveys or reconnaissance site visits are necessary to complete the ITP application. The Consultant shall assume that surveys and site visits conducted under Task 2 will be sufficient to complete the application and describe existing conditions.
Previous project design and modelling work to satisfy NMFS will be acceptable to CDFW and not need to be revisited
The Consultant shall assume presence of steelhead trout; intensive fish surveys are not proposed
The Consultant scope and cost does not includea mitigation plan since the Consultant shall assume that no compensatory mitigation for habitat impacts will be required due to restorative nature of the project for this species If required by CDFW, the Consultant shall prepare this plan under an additional scope and cost.
Cost includes up to 20 hours of coordination time with CDFW and city outside of application preparation and addressing comments The city will be responsible for the application fees and will coordinate the payment of these fees
ASSUMPTIONS
The Consultant has made the following general assumptions regarding the overall work project and program:
The city will provide supporting digital files, georeferenced CAD files, and other information and data required for the surveys, JDR, and permit applications
Meetings will be conducted every two weeks to discuss project status and updates
The resource agencies will adhere to typical permit processing timeframes Existing project plans, analyses, and technical reports will be adequate for agency permit processing
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Digital copies of application materials will be submitted to the city. One round of minor revisions to the applications will be necessary following review.
If the resource agencies require preparation of more comprehensive application materials or extensive consultations than assumed above, the Consultant shall notify the City immediately and determine if an amendment to the work scope is necessary
If rare plants are identified, additional surveys may be required that can be authorized under separate cover.
While not anticipated, the Consultant shall notify you immediately if the Consultant confirm that an archaeological resource is identified within the project site during the records search or pedestrian field survey.
SCHEDULE
The Consultant shall initiate this project immediately following receipt of a signed contract and written Notice to Proceed (NTP), but it is understood that sufficient design of the project will be required prior to commencing on most tasks, expected early 2023. The duration of the tasks is expected to be 12 to 18 months.
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EXHBIT B
Schedule of Fees
Professional, Technical and Support Personnel* Hourly Rate Principal II $295
Director II $295
Principal I $285
Director I $285
Senior Supervisor II $268
Supervisor I $250
Senior Professional II $234
Senior Professional I $218
Professional IV $194
Professional III $180
Professional II $160
Professional I $143
Associate III $120
Associate II $107
Associate I $100
Field Technician $86
Data Solutions Architect $180
Senior GIS Specialist $172
GIS/CADD Specialist II $153
GIS/CADD Specialist I $138
Technical Editor $135
Project Accountant $115
Billing Specialist $98
Publishing Specialist $110
Clerical $98
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals.
Reimbursable Expenses
Direct Cost Rates
Photocopies Black and White $0.25 (single-sided), $0.45 (double-sided) Photocopies Color $1.55 (single-sided), $3.10 (double-sided) Photocopies 11 x 17 $0.55 (B&W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
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Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus .These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $276
Spotting or Fiberoptic Scope $170
Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Sub meter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pit fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (26 ft. Radon or Similar) $621
Boat (20 ft. Boston Whaler or Similar) $345
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
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Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24 Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope) $170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$57/diver
Marine Field Package (PFDs Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$57
Effective January 1, 2023
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ATTACHMENT 9
Professional Services Agreement with Rincon Consultants, Inc. for 2025 Storm Response Projects
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