Public Works Budget Appropriations and Professional Services Agreements — Goleta City Council, December 3, 2024 (part 1 of 2)

CPMS
Agenda Item A.5

CONSENT CALENDAR
Meeting Date: December 3, 2025
TO: Mayor and Councilmembers
SUBMITTED BY: Luz “Nina” Buelna, Public Works Director
PREPARED BY: Sarah Fox, Public Works Business and Administration Manager SUBJECT: Public Works Budget Appropriations and Professional Services Agreements and Amendments with MNS Engineers Inc., Northwest Hydraulic Consultant, Inc., and Rincon Consultants, Inc.

RECOMMENDATION:

A. Authorize the City Manager to execute Amendment No. 5 to Professional Services Agreement No. 2021-092 with MNS Engineers Inc. increasing the agreement amount by $250,000 for a total not-to-exceed amount of $738,000, expanding the scope of work, and extending the termination date December 31, 2025; B. Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement No. 2023-091 with MNS Engineers Inc. , increasing the agreement amount by $ 9,275 for a total not -to-exceed amount of $ 118,485, expanding the scope of work, and extending the termination date to December 31, 2025; C. Authorize the City Manager to execute Amendment No. 2 to Professional Services Agreement No. 2022-024 with Northwest Hydraulic Consultant Inc., increasing the agreement by $151,780 for a total not -to-exceed amount of $492,701, expanding the scope, and extending the termination date to December 31, 2026; D. Authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2023-025 with Rincon Consultants, Inc., increasing the agreement amount by $60,916 for a total not -to-exceed amount of $258, 229, expanding the scope of work, and extending the termination date to June 30, 2026; E. Authorize the City Manager to execute a Profes sional Services Agreement with Rincon Consultants, Inc. for on-call permitting, arborist, and environmental services for the 2025 Storm Response for a total not -to-exceed amount of $100,000 and expiring on December 31, 2025;
1 Meeting Date: December 3, 2024

Page 2 of 6 ends

F. Approve a budget appropriation and grant revenue for $332,873 into fund 401 for the Hollister Avenue Bridge Replacement as identified in the fiscal impacts section of the report.

BACKGROUND:

Public Works staff has engaged private consultants to perform various professional services for the City of Goleta (City) since incorporation in 2002. Public Works selected and executed agreements with the following consultants from the City’s approved pre- qualified consultant list or through a request for proposal to provide various professional services for the Public Works Department. The information below summarizes the services being provided by each consultant, proposed amendments and agreements, justification, and recommended actions.

DISCUSSION:

MNS Agreement 2021-092

On October 25, 2021, the City Manager executed Professional Services Agreement No. 2021-092 for $44,000 with MNS Engineers, Inc. (MNS) for professional services for project management support services for various Capital Improvement Program (CIP) Projects. On April 5, 2022, Amendment 1 was approved by Council for additional compensation for a new total not-to-exceed of $164,000 and an extension to the termination date. On September 5, 2023, Amendment 2 was approved by Council for additional compensation for a new total not-to-exceed of $244,000 and an extension to the termination date. On December 20, 2023, Amendment 3 was approved by City Council to amend Exhibit B - Compensation. On January 16, 2024, Amendment 4 was approved by Council to provide for additional compensation of $244,000 for a new total not-to-exceed of $488,000. This Amendment No. 5 provides for additional compensation in the amount of $250,000 for a new not-to-exceed amount of $738,000 and an extension of the termination date to December 31, 2025.

MNS Agreement 2023-091

On August 15, 2023, the City executed Professional Services Agreement No. 2023-091 for $104,000 with MNS for professional design services for the Ellwood Beach Drive Drainage Repair Project. On December 19, 2023, Amendment 1 was approved by Council to provide for additional compensation for a new total not-to-exceed of $109,210.

This Amendment No. 2 provides for additional compensation in the amount of $9,275, an extension of the termination date to December 31, 2025, and amends the scope of work to include a site drainage analysis. With this amendment, the new not-to-exceed amount is $118,485.

Northwest Hydraulic Consultant Agreement 2022-024

On January 18, 2022, the City executed Professional Services Agreement No. 2022-024 for $340,921 with Northwest Hydraulic Consultant, Inc. (NHC) for professional design 2 Meeting Date: December 3, 2024

Page 3 of 6 ends

services for the San Jose Creek Channel Fish Passage Modification Project. On April 15, 2024, Amendment 1 was approved by the City Manager to extend the termination date to December 31, 2025. This Amendment No. 2 provides for additional compensation in the amount of $151,780, extension of the termination date to December 31, 2026, and amends the scope of work to include additional physical modeling as well as 3-D hydraulic modeling associated with the fish weir design options, additional 3-D hydraulic modeling associated with upstream grading design in San Jose Creek and to ensure compliance with Caltrans design standards. With this amendment, the new not-to-exceed amount is $492,701.

Rincon Agreement 2023-025

On March 21, 2023, the City executed Professional Services Agreement No. 2023-025 for $197,313 with Rincon Consultants, Inc. (Rincon) for professional environmental and permitting services for the San Jose Creek Channel Fish Passage Modification Project.

This Amendment No. 1 provides for additional compensation in the amount of $60,916, extension of the termination date to June 30, 2026, and amends the scope of work to include support for potential pursuit of grant funding as well as additional environmental review of upstream San Jose Creek design options. With this amendment, the new not- to-exceed amount is $258,229.

Rincon Professional Services Agreement – 2025 Storm Response

Rincon was selected from the City’s 2023 Pre-Authorized Consultant List to provide professional on-call permitting support, arborist, and environmental services for future projects associated with potential 2025 storms. In 2023 and 2024, the City experienced several extreme rain events which resulted in damage that initiated multiple emergency storm projects. Public Works staff is recommending the award of this on-call professional services agreement with Rincon for $100,000, to expire December 31, 2025, in order to be prepared for any future emergency needs due to potential storms during the rainy season.

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
MNS Project
Management
Services
$250,000 Various CIP
Projects
$250,000
MNS Professional Design
Services
$9,275 101-90-9119-57070 $9,275
3 Meeting Date: December 3, 2024

Page 4 of 6 ends

NHC Professional Design
Services
$151,780 101-90-9117-57070 $151,780*
Rincon Professional
Services
$60,916 101-90-9117-57070 $60,916*
Rincon Professional
Services
$100,000 101-50-5200-54004 $100,000
Subtotal $571,971 $571,971
*Appropriation for these agreements is included in a separate Council report for the December 3, 2024 meeting.

Funds for the MNS Agreement are included in the approved FY 2024/25 budget. As such, no additional appropriations are required at this time. Funds for the NHC and Rincon Amendments are included in the First Quarter Budget Adjustment for FY 2024/25.

Table 2 outlines the estimated costs for the Ellwood Beach Drive Drain Project (CIP 9119).

Table 2 – Estimated Costs and Funding for the Ellwood Beach Drive Drain Project

Project
Components   Estimated Costs      Funding Source   Funding Amounts Conceptual Design  $0   General Fund $243,000
Environmental  $105,000   Unfunded $871,200
Final Design  $118,485
Land Acquisition $0
Construction  $890,715
Total:   $1,114,200     Total:    $1,114,200

Table 3 outlines the estimated costs for the San Jose Creek Channel Fish Passage Modification Project (CIP 9117)

Table 3 – Estimated Costs and Funding for the San Jose Creek Channel Fish Passage Modification Project

Project Components Estimated
Costs Funding
Source
Funding
Amounts
Conceptual Design  $0 General Fund $917,277*
Environmental $258,229 Unfunded $2,522,723
Final Design $592,701
Land Acquisition $0
Construction $2,589,070
Total: $3,440,000 Total: $3,440,000
*Amount includes appropriations that are included in a separate Council report for the December 3, 2024 meeting.

4 Meeting Date: December 3, 2024

Page 5 of 6 ends

Through the Highway Bridge Replacement Program (HBP) federal grant , the City received additional funds for professional engineering in the amount of $332,873 authorized for the Hollister Avenue Bridge Replacement project (CIP No. 9033). Table 4 outlines the recommended appropriations for these federal funds.

Table 4 – Budget Appropriations

Fund Type Account Account Name Requested
Appropriation
HBP Grant 401-90-9033-44600 Grant Proceeds - Federal $332,873 HBP Grant 401-90-9033-57070 Design $332,873

The HBP grant covers up to 88.53% of eligible expenses for the Hollister Avenue Bridge Replacement project. The additional construction funds have a timely use deadline of September 30, 2032; however, the project is expected to be completed by late 2026.

ALTERNATIVES:

The City Council can elect not to approve the amendments and agreements discussed herein; however, this would result in significant delays in initiating and completing the work associated with the capital improvement projects.

LEGAL REVIEW BY: Isaac Rosen, Acting City Attorney

APPROVED BY: Robert Nisbet, City Manager

ATTACHMENTS:

1. Amendment No. 5 to Professional Services Agreement No. 2021-092 with MNS Engineers, Inc.

2. Amendment No. 4, Amendment No. 3, Amendment No. 2, Amendment No. 1 and Professional Services Agreement 2021-092 with MNS Engineers, Inc.

3. Amendment No. 2 to Professional Services Agreement No. 2023-091 with MNS Engineers, Inc.

4. Amendment No. 1 and Professional Services Agreement No. 2023-091 with MNS Engineers, Inc

5. Amendment No. 2 to Professional Services Agreement No. 2022-024 with NHC, Inc.

6. Amendment No. 1 and Professional Services Agreement No. 2024-024 with NHC, Inc.

7. Amendment No. 1 to Professional Services Agreement No. 2023-025 with Rincon Consultants, Inc.

8. Professional Services Agreement No. 2023-025 with Rincon Consultants, Inc. 5 Meeting Date: December 3, 2024

Page 6 of 6 ends

9. Professional Services Agreement with Rincon Consultants, Inc. for 2025 Storm Response Projects
6 ATTACHMENT 1

Amendment No. 5 to Professional Services Agreement 2021-092 with MNS Engineers Inc.
7 City of Goleta
Amendment No. 5 to Agreement No. 2021-092

Page 1 of 4 ends

AMENDMENT NO. 5

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.

This Amendment No. 5 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and MNS Engineers, Inc. (“Consultant”) dated October 25, 2021 (“Agreement,” Agreement No. 2021-092) is made on this ________________ day of _____________, 2024.

SECTION A. RECITALS

1. This Agreement is for the project management support services for various Capital Improvement Program and Capital Maintenance projects; and

2. This Agreement has been amended to provide additional compensation, increasing the not-to-exceed of one hundred and twenty thousand dollars ($120,000) to a total not-to-exceed of one hundred sixty-four thousand dollars ($164,000) and to extend the termination date to December 31, 2023 (Amendment No. 1); and

3. This Agreement has been amended to provide additional compensation, increasing the not-to-exceed of eighty thousand dollars ($80,000) to a total not-to-exceed of two hundred and forty-four thousand dollars ($244,000) and to extend the termination date to December 31, 2024 (Amendment No. 2); and

4. This Agreement has been amended to identify the new hourly rates (Amendment No. 3); and

5. This Agreement has been amended to provide additional compensation, increasing the not-to-exceed of two hundred and forty-four thousand dollars ($244,000) to a total not-to-exceed of four hundred eighty-eight thousand dollars ($488,000) (Amendment No. 4); and

6. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed four hundred eighty -eight thousand dollars ($488,000); and

7. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of two hundred and fifty thousand dollars ($250,000) for continued tasks; and

Docusign Envelope ID: 1609F9CD-F2B0-4A95-AF62-F01F566F8812 8 City of Goleta
Amendment No. 5 to Agreement No. 2021-092

Page 2 of 4 ends

8. The Agreement currently provides in Section 6 for the termination of the Agreement on December 31, 2024; and

9. The parties desire to amend the Agreement so as to extend the termination of the Agreement to December 31, 2025; and

10. The Agreement currently provides in Exhibit B -1 entitled “Compensation” the hourly rates; and

11. The parties desire to amend Exhibit B-1 of the Agreement to identify the new hourly rates, attached as “Exhibit B-2”; and

12. The City Council approved this Amendment No. 5, on this ____________ day of _______________, 2024.

SECTION B. AMENDED TERMS

Now therefore City and Consultant agree that the Agreement be, and hereby is, amended as follows:

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $250,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of seven hundred and thirty-eight thousand dollars ($738,000) (herein "not -to-exceed amount" ) and shall be earned as the work progresses.

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B -2,"
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.

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional year to read in its entirety:

Docusign Envelope ID: 1609F9CD-F2B0-4A95-AF62-F01F566F8812 9 City of Goleta
Amendment No. 5 to Agreement No. 2021-092

Page 3 of 4 ends

The term of this Agreement is from the date first written above to December 31, 2025, unless the 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. All services shall be completed within the term of this Agreement following the notice to proceed.

3. This Agreement is amended to delete and replace in its entirety:

Exhibit B-1 “Compensation” with Exhibit B-2 Compensation” attached hereto and incorporated herein.

4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

In concurrence and witness whereof, this Amendment No. 5 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ ______________________________ Robert Nisbet, City Manager

ATTEST:

_____________________________ ______________________________ Deborah Lopez, City Clerk

APPROVED AS TO FORM:

ISAAC ROSEN, ACTING CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
Docusign Envelope ID: 1609F9CD-F2B0-4A95-AF62-F01F566F8812 Greg Chelini Vice President
Jeff Edwards Vice President
10 City of Goleta
Amendment No. 5 to Agreement No. 2021-092

Page 4 of 4 ends

Exhibit B-2 “Compensation”

Docusign Envelope ID: 1609F9CD-F2B0-4A95-AF62-F01F566F8812 11 ATTACHMENT 2

Amendment No. 4, Amendment No. 3, Amendment No. 2, Amendment No. 1 and Professional Services Agreement 2021-092 with MNS Engineers Inc. 12 City of Goleta
Amendment No. 4 to Agreement No. 2021-092

Page 1 of 3 ends

AMENDMENT NO. 4

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.

This Amendment No. 4 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and MNS Engineers, Inc. (“Consultant”) dated October 25, 2021 (“Agreement,” Agreement No. 2021-092) is made on this _____ day of _________, 2024.

SECTION A. RECITALS

1. This Agreement is for the project management support services for various Capital Improvement Program and Capital Maintenance projects; and

4. This Agreement has been amended to identify the new hourly rates (Amendment No. 3); and

5. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not -to-exceed two hundred and forty -four thousand dollars ($244,000); and

6. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of two hundred and forty -four thousand dollars ($244,000) for continued tasks; and

7. The City Council approved this Amendment No. 4, on this _____ day of ____, 2024.

DocuSign Envelope ID: AFC94A65-F628-4038-9AF6-5B106A7B2058 DocuSign Envelope ID: 59F137B6-A83F-4DF7-A3DC-C7842DB628D3 January
January
16th
16th
2021-092.4
13 City of Goleta
Amendment No. 4 to Agreement No. 2021-092

Page 2 of 3 ends

SECTION B. AMENDED TERMS

Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of two hundred and forty-four thousand dollars ($244,000) and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT for the services under this AGREEMENT SHALL
NOT EXCEED the sum of Insert amount ($488,000) (herein "not-to- exceed amount") and shall be earned as the work progresses.

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONS ULTANT until December 31, 2024, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.

2. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

In concurrence and witness whereof, this Amendment No. 4 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ ______________________________ Robert Nisbet, City Manager Greg Chelini, President

ATTEST:

_____________________________ ______________________________ Deborah Lopez, City Clerk Jeff Edwards, Vice President

DocuSign Envelope ID: AFC94A65-F628-4038-9AF6-5B106A7B2058 DocuSign Envelope ID: 59F137B6-A83F-4DF7-A3DC-C7842DB628D3 14 City of Goleta
Amendment No. 4 to Agreement No. 2021-092

Page 3 of 3 ends

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: AFC94A65-F628-4038-9AF6-5B106A7B2058 DocuSign Envelope ID: 59F137B6-A83F-4DF7-A3DC-C7842DB628D3 15 City of Goleta
Amendment No. 3 to Agreement No. 2021-092

Page 1 of 3 ends

AMENDMENT NO. 3

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.

This Amendment No. 3 to the Professional Services Agreement by and between the City of Goleta , a municipal corpor ation (“City”) and MNS Engineers, Inc. (“Consultant”) dated October 25, 2021 (“Agreement,” Agreement No. 2021-092) is made on this _____ day of ___, 2023.

SECTION A. RECITALS

1. This Agreement is for the projec t management support services for various Capital Improvement Program and Capital Maintenance projects; and

4. The Agreement currently provides in Exhibit B entitled “Compensation” the hourly rates; and

5. The parties desire to amend Exhibit B of the Agreement to identify the new hourly rates, attached as “Exhibit B-1”; and

6. The City Manager approved this Amendment No. 3, on this _____ day of ____, 2023.

SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follo ws that the Agreement be, and hereby is, amended as follows:

DocuSign Envelope ID: A5341EDE-0A2A-4D4E-AD43-882CA1298399 December
December
2021-092.3
20th
20th
16 City of Goleta
Amendment No. 3 to Agreement No. 2021-092

Page 2 of 3 ends

1. This Agreement is amended to del ete and replace in its entirety:

Exhibit B “Compensation” with Exhibit B-1 “Compensation” attached hereto and incorporated herein.

2. Except as otherwise spec ifically provided herein, all other provisions of the Agreement shall remain in full force and effect
In concurrence and witness whereof, this Amendment No. 3 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA
____________________________
Robert Nisbet, City Manager
A T T E S T :
_____________________________
Deborah Lopez, City Clerk

CONSULTANT
______________________________
Greg Chelini, President

______________________________
Jeff Edwards, Vice President
APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: A5341EDE-0A2A-4D4E-AD43-882CA1298399 17 City of Goleta
Amendment No. 3 to Agreement No. 2021-092

Page 3 of 3 ends

Exhibit B-1 “Compensation
DocuSign Envelope ID: A5341EDE-0A2A-4D4E-AD43-882CA1298399 18 City of Goleta
Amendment No. 2 to Agreement No. 2021-092

Page 1 of 3 ends

AMENDMENT NO. 2

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.

This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and MNS Engineers, Inc. (“Consultant”) dated October 25, 2021 (“Agreement,” Agreement No. 2021-092) is made on this _____ day of ___, 2023.

SECTION A. RECITALS

1. This Agreement is for project management support services for various Capital Improvement Program and Capital Maintenance projects; and

2. This Agreement has been amended to provide for additional compensation, increasing the not -to-exceed amount by one hundred and twenty thousa nd dollars ($120,000) to a total not-to-exceed of one hundred sixty-four thousand dollars ($164,000) and to extend the termination date to December 31, 2023 (Amendment 1); and

3. The Agreement currently provides in Section 3 Subsection (a) for th e total compensation amount not to exceed one hundred sixty-four thousand dollars ($164,000); and

4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $80,000 for continued tasks; and

5. The Agreement currently provides in Section 6 for the termination of the Agreement on December 31, 2023; and

6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to December 31, 2024; and

7. The City Council approved this Amendment No. 2, on this _____ day of ____, 2023.

SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:

DocuSign Envelope ID: 0980173E-E9A6-4E78-B9E9-1BBF123649C3 DocuSign Envelope ID: 2D25D786-4AB6-4707-9040-BC564B56083A 5th
September
September
2021-092.2
5th
19 City of Goleta
Amendment No. 2 to Agreement No. 2021-092

Page 2 of 3 ends

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $80,000 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of two hundred and forty -four thousand dollars ($244,000) (herein "not -to-exceed amount" ) and shall be earned as the work progresses.

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional year to read in its entirety.

The term of this Agreem ent is from the date first written above to December 31, 2024, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.

3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

DocuSign Envelope ID: 0980173E-E9A6-4E78-B9E9-1BBF123649C3 DocuSign Envelope ID: 2D25D786-4AB6-4707-9040-BC564B56083A 20 City of Goleta
Amendment No. 2 to Agreement No. 2021-092

Page 3 of 3 ends

In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT
____________________________
Robert Nisbet, City Manager
______________________________
Greg Chelini, President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Jeff Edwards, Vice President APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: 0980173E-E9A6-4E78-B9E9-1BBF123649C3 DocuSign Envelope ID: 2D25D786-4AB6-4707-9040-BC564B56083A 21 City of Goleta
Amendment No. 1 to Agreement No. 2021-092

Page 1 of 3 ends

AMENDMENT NO. 1

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.

This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta, a municipal corporation (“City”) and MNS Engineers, Inc., a California Corporation (“Consultant”) dated October 25, 2021 (“Agreement,” Agreement No. 2021- 092) is made on this 5th day of April 2022.

SECTION A. RECITALS

1. T his Agreement is for professional services for project management support services for various Capital Improvement Program and Capital Maintenance projects; and

2. This Agreement has been amended to Agreement for Professional Services between the City of Goleta and MNS Engineers, Inc; and

3. T he Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $44,000 (forty-four thousand dollars); and

4. T he parties desire to amend the Agreement so as to provide for additional compensation in the amount of $120,000 for continued tasks; and

5. T he Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2022; and

6. T he parties desire to amend the Agreement so as to extend the termination of the Agreement to December 31, 2023; and

7. The City Council approved this Amendment No. 1, on this 5 th d ay of April
2022.

SECTION B. AMENDED TERMS

Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:

DocuSign Envelope ID: 5909C70C-EBD0-4C3E-A4E1-5958915716A3 DocuSign Envelope ID: 8E52CDD0-1A40-4B00-9754-58C3B0113E13 Approved 2021-092.1
22 City of Goleta
Amendment No. 1 to Agreement No. 2021-092

Page 2 of 3 ends

1. S ubsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $120,000 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $164,000 (One hundred sixty-four thousand) (herein "not-to-exceed amount") and shall be earned as the work progresses.

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional six months to read in its entirety.

The term of this Agreement is from the date first written above to D ecember 31, 2023, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.

3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect

DocuSign Envelope ID: 5909C70C-EBD0-4C3E-A4E1-5958915716A3 DocuSign Envelope ID: 8E52CDD0-1A40-4B00-9754-58C3B0113E13 23 City of Goleta
Amendment No. 1 to Agreement No. 2021-092

Page 3 of 3 ends

In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT
_________________
___________ ______________________________
Michelle Greene, City Manager James Salvito, President ATTEST:
_________________
____________ ______________________________
Deborah Lopez, City Clerk Jeff Edwards, Vice President APPRO
VED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 5909C70C-EBD0-4C3E-A4E1-5958915716A3 DocuSign Envelope ID: 8E52CDD0-1A40-4B00-9754-58C3B0113E13 24 City of Goleta
PW and MNS Engineers, Inc.

Page 1 of 14 ends

Project Name: Project Management Support Services

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. The CITY has a need for professional services for project management support services for various Capital Improvement Program projects; 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 by an evaluation process of proposals received from the pre-authorized qualified consultant list approved by Council on December 3, 2019; and

4. The City Manager approved this AGREEMENT pursuant to Goleta Municipal Code section 3.05.070.

SECTION B. TERMS

1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2. CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:

Project management assistance for various Capital Improvement Program Projects. Services shall generally include project

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 October
21 2021-092
25th
25 City of Goleta
PW and MNS Engineers, Inc.

Page 2 of 14 ends

management as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.

CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $44,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2022, 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.

Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no ri ght 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

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 26 City of Goleta
PW and MNS Engineers, Inc.

Page 3 of 14 ends

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 James Campero, Deputy Public Works Director shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.

6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2022, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.

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.

Kent Yankee, is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT.

This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 27 City of Goleta
PW and MNS Engineers, Inc.

Page 4 of 14 ends

9. HOLD HARMLESS AND INDEMNITY

(a) Indemnification and Defense for Professional Service. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the CITY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY. (b) For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of CITY, for an y liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attor ney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY. (c) No Waiver. ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.

10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by CITY.

Insurance shall include the following (or broader) coverage:

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 28 City of Goleta
PW and MNS Engineers, Inc.

Page 5 of 14 ends

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) 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 th e general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.

b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insu rer’s liability. Coverage will not be limited to CITY’s vicarious liability.

c) Professional liability insurance po licies 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.

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 29 City of Goleta
PW and MNS Engineers, Inc.

Page 6 of 14 ends

d) 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.

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 30 City of Goleta
PW and MNS Engineers, Inc.

Page 7 of 14 ends

unemployment insurance, and any other employer obligations associated with the described work.

12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.

13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.

14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 31 City of Goleta
PW and MNS Engineers, Inc.

Page 8 of 14 ends

records. CONSULTA NT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.

16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.

18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.

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.

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 32 City of Goleta
PW and MNS Engineers, Inc.

Page 9 of 14 ends

20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.

Should litigation occur, venue shall be in Superior Court of Santa Barbara County.

21. NONDISCRIMINATION
CONSULTANT shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.

22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.

23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.

24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEM ENT 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.

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 33 City of Goleta
PW and MNS Engineers, Inc.

Page 10 of 14 ends

27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.

28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.

29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.

30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Jeff Edwards, Vice President
MNS Engineers, Inc.
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93101

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 34 City of Goleta
PW and MNS Engineers, Inc.

Page 11 of 14 ends

32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.

In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

__________________________ ___________________________ Michelle Greene, City Manager James Salvito, President

A T T E S T

__________________________ ___________________________ Deborah Lopez, City Clerk Jeff Edwards, Vice President

APPROVED AS TO FORM:

MICHAEL JENKINS, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 35 City of Goleta
PW and MNS Engineers, Inc.

Page 12 of 14 ends

EXHIBIT A

SCOPE OF WORK

Project Management Assistance for various CIP Projects:

Possible services include but are not limited to:
x Provide continuous interface with City staff regarding projects. x Coordination with engineering consultants.
x Coordinate with other agencies.
x Provide technical review and comment of consultant deliverables. x Development/maintenance of project schedules.
x Prepare bid-packages.
x Track and monitor project costs.
x Track and monitor project funding.
x Prepare grant funding claims as required.
x Prepare Grant Applications.
x Prepare RFP’s for professional services, as required to continue progress of projects.
x Assist with project bidding, response to bidders’ questions, bid opening. x Provide construction oversight services.

Consultant shall anticipate working on the following CIP Projects during FY 21/22 as part of this scope of work:
x Old Town Sidewalk Improvement Project (Project No. 9031) – Construction complete. Consultant shall provide project construction and funding (ATP funding) closeout assistance.

x Rectangular Rapid Flashing Beacon at Chapel/Hollister and Pedestrian Hybrid Beacon at Kingston/Calle Real Project (Project No. 9058) – Construction complete. Consultant shall provide project construction and funding (HSIP funding) closeout assistance.

x Goleta Traffic Safety Study (Project No. 9089) – Consultant shall finalize study/report, have City Council adopt the study/report, and funding closeout assistance (HSIP/SSARP funding).

x Storke/Hollister Transit, Bike/Pedestrian, and Median Improvements (Project No. 9062) – Consultant shall initiate and finalize design, advertise for construction, and award a construction contract.

x Citywide Traffic Signal Upgrades (Project No. 9083) – Consultant shall provide manage and adhere to HSIP funding requirements, consultant selection, award design agreement, initiate and finalize design, advertise for construction and award a construction contract.

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 36 City of Goleta
PW and MNS Engineers, Inc.

Page 13 of 14 ends

x Goleta US 101 Overcrossing (project No. 9027) – Consultant shall provide finalize developing project scope of work, present project options and status to City Council, coordinate with Caltrans, and work on project design including all associated work efforts.

x Cathedral Oaks Crib Wall Repair (Project No. 9053) – Consultant shall provide finalize geotechnical report and present options to City Council, consultant selection, award design/environmental agreement, initiate and finalize environmental review and design, advertise for construction and award a construction contract.

x Project management assistance for various CIP projects and CIP related items.

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 37 City of Goleta
PW and MNS Engineers, Inc.

Page 14 of 14 ends

EXHIBIT B

SCHEDULE OF FEES

Classification Hourl y Rate
Supervision Senior Engineer 175.00

DocuSign Envelope ID: 86AB2DA8-1FFB-4B3A-AFFB-4D6DFC7F6231 38 ATTACHMENT 3

Amendment No. 2 to Professional Services Agreement 2023-091 with MNS Engineers Inc.
39 City of Goleta
Amendment No. 2 to Agreement No. 2023-091

Page 1 of 5 ends

AMENDMENT NO. 2

TO A PROFESSIONAL DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.

This Amendment No. 2 to the Professional Design Services Agreement by and between the City of Goleta, a municipal corporation (“City”) and MNS Engineers, Inc. (“Consultant”) dated August 15, 2023 (“Agreement,” Agreement No. 2023-091) is made on this 3rd day of December, 2024.

SECTION A. RECITALS

1. This Agreement is for the Professional Design Services for the Ellwood Beach Drive Drainage Repair Project; and

2. This Agreement has been amended to provide for additional compensation (Amendment No. 1); and

3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $109,210; and

4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $9,275 for additional tasks; and

5. The Agreement currently provides in Section 6 for the termination of the Agreement on December 31, 2024; and

6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to December 31, 2025; and

7. The Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and

8. The parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-1"; and

9. The City Council approved this Amendment No. 2, on this 3rd day of December, 2024.

40 City of Goleta
Amendment No. 2 to Agreement No. 2023-091

Page 2 of 5 ends

SECTION B. AMENDED TERMS
Now therefore City and Consultant agree that the Agreement be, and hereby is, amended as follows:

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $9,275 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $118,485 (herein "not-to-exceed amount") and shall be earned as the work progresses.

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B,"
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.

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional year to read in its entirety:

The term of this Agreement is from the date first written above to December 31, 2025, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.

3. This Agreement is amended to delete and replace in its entirety:

Exhibit A “Scope of Work ” with Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.

4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

41 City of Goleta
Amendment No. 2 to Agreement No. 2023-091

Page 3 of 5 ends

In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ ______________________________ Robert Nisbet, City Manager Greg Chelini, President

ATTEST:

_____________________________ ______________________________ Deborah Lopez, City Clerk Jeff Edwards, Vice President

APPROVED AS TO FORM:

ISAAC ROSEN, ACTING CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney

42 City of Goleta
Amendment No. 2 to Agreement No. 2023-091

Page 4 of 5 ends

EXHIBIT A-1

SCOPE OF WORK
Task 1: Project Management, Quality Assurance/Quality Control, and Coordination

Consultant shall project management, quality assurance/quality control (QA/QC) and client coordination/meetings.

1.1 Project Management

1.2 QA/QC

Task 2: Preliminary Plans and Environmental Support

Consultant shall support the City’s environmental consultant, Rincon, by developing a preliminary site plan and project description for use in obtaining environmental clearances. Additional support will be provided to Rincon through the duration of the Project. Preliminary hydraulics and design will also be completed for the trash capture device.

Task 3: Geotechnical Investigation

Consultant shall provide a Geotechnical Report for the design of the Project. These services will consist of visiting the site, clearing utilities by contacting Underground Services Alert, a no-fee encroachment permit from the City, drilling two borings to 20 feet at the site, laboratory testing, summarizing data collected and performing geotechnical analysis as a basis for preparing recommendation for design of the Project.

Task 4: Topographic Survey

Consultant shall perform ground surveying and mapping for the proposed improvements.

The mapping will be on an assumed local datum with control set for future construction reference/use. Survey will include the southern terminus of Ellwood Beach Drive and the surrounding area. The ground survey mapping over the above-described limits will include hardscape, structures, striping, signage, walls, fences, trees (6” in diam. and above), and observable utilities.

Task 5: 90% and Final PS&E

Consultant shall provide a 90% complete draft set of plans, specifications, and cost opinion (PS&E) for construction of the proposed improvements. We will incorporate appropriate environmental mitigations as recommended by Rincon. The design will be based on the topographic survey prepared in Task 4, discussions with the City, and the environmental consultant, The plan set will include:

Title sheet
43 City of Goleta
Amendment No. 2 to Agreement No. 2023-091

Page 5 of 5 ends

General, civil, grading, and environmental protection notes Demolition plan
Site grading and improvement plan
Trash capture device plan and sections
Retaining wall plan and sections
Civil details
Erosion control plan and restoration

The 90% draft plan set will be submitted for review by the City. Based on the City comments and the design review meeting, we will revise the plan set to Final. Our scope of work assumes one round of combined comments from the City. The Final plans will be stamped and signed by a licensed civil engineer, registered in California.

Specifications will be in special provision format at the 90% and Final design levels with references to the 2021 Standard Specifications for Public Works Construction (Greenbook) requirements modified as appropriate. An opinion of probable cost will be provided at the 90% and Final design levels documenting the expected cost to construct the Project.

Deliverables
A. Conceptual Site Plan
B. Geotechnical Report
C. Project Description
D. 90% PS&E
E. Final PS&E

Task 6 – Hydrology Study

MNS will use existing plans and available information to approximate drainage areas, identify potential areas of storm water run-on from neighboring areas or facilities, and perform a hydrologic analysis for the area. The study will be documented in a Technical Memorandum and include an existing site description, descriptions of the existing storm water conveyance system, a storm water runoff analysis detailing the peak runoff discharge rate and volume, analysis of the existing drain capacities, exhibits of the drainage management area, and calculation worksheets. We will utilize the HydroCAD software and SCS Curve Number method to evaluate stormwater flows and volumes.

The Draft Hydrology Study Technical Memorandum will be submitted for review to the City. Following receipt of review comments, a review meeting will be conducted. Following the review meeting, the Hydrology Study Technical Memorandum will be revised and finalized. The final Hydrology Study Technical Memorandum will be signed by a civil engineer licensed in the State of California.

Deliverables:

A. Draft and Final Hydrology Study Technical Memorandum 44 ATTACHMENT 4

Amendment No. 1 and Professional Services Agreement 2023-091 with MNS Engineers Inc.
45 46
47 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 1 of 15 ends

Project Name: Ellwood Beach Drive Drainage Repair

AGREEMENT FOR PROFESSIONAL DESIGN SERVICES

BETWEEN THE CITY OF GOLETA
AND
MNS ENGINEERS, INC.

This AGREEMENT FOR PROFESSIONAL DESIGN SERVICES (herein is made and entered into this 15th day of August,
2023, by and between the CITY OF GOLETA , a municipal corporation (herein referred to as "CITY"), and MNS ENGINEERS, INC. , a California Corporation (herein referred to as "CONSULTANT").

SECTION A. RECITALS

1. The CITY has a need for professional design services for Ellwood Beach Drive Drainage Repair Project; and

3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260.

4. The City Council, on this 15
th day of August, 2023, approved this
AGREEMENT and authorized the City Manager to execute the AGREEMENT.

SECTION B. TERMS

1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2.

CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:

Professional Design Services in conjunction with Ellwood Beach Drive Drainage Repair shall generally include field survey, environmental coordination, geotechnical investigation, preparation of plans, specifications and engineer s estimate as more particularly 48 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 2 of 15 ends

nd
incorporated herein.

CONSULTANT shall deliver to CITY the deliverables defined in .

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 $104,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 2024, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5.

Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification).

All payments shall be made within 30 days after CITY pproval 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 the total compensation and shall not increase the not to exceed amount identified in Section 3.
49 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 3 of 15 ends

5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is Kent Yankee, PE. Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to 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, 2024, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager. All services shall be completed according to the schedule for delivery of services attached as Ex in.

8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Tyler Hunt, PE is deemed to be specially experienced and is a key member of CONSULTANT's firm and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City M
n consent.

Subconsultants include Yeh and Associates, Inc. Jon Blanchard, Geotechnical.
50 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 4 of 15 ends

9. HOLD HARMLESS AND INDEMNITY
(a) Indemnification and Defense for Professional Service. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the CITY and any and all of its officials, employees and sses,
lia
costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT of reimbursement of defense
costs incurred by CITY in direct proportion to the CONSULTANT proportionate percentage of fault. CONSULTANT
shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT parties agree to mediation
with a third party neutral to determine the CONSULTANT proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
(b) For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of CITY, for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees
any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY. (c) No Waiver. ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.

Page 5 of 15 ends

Insurance shall include the following (or broader) coverage:

a)
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.

c)
compensation l
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 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.

b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of
limited to CITY

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 52 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 6 of 15 ends

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 th
suspended, voided, canceled or reduced in coverage or in limits except en notice has been given to CITY.

Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.

f) No liability insurance coverage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT
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.

53 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 7 of 15 ends

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.

However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
54 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 8 of 15 ends

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.

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.
55 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 9 of 15 ends

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.

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 CITY
CITY 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 56 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 10 of 15 ends

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.

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: MNS Engineers, Inc.
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103

57 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 11 of 15 ends

In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

_____________________________ _____________________________ Robert Nisbet, City Manager Greg Chelini, President

ATTEST

_____________________________ _____________________________ Deborah Lopez, City Clerk Jeff Edwards, Vice-President

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Scott Shapses, Deputy City Attorney

58 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 12 of 15 ends

EXHIBIT A

SCOPE OF WORK

Task 1: Project Management, Quality Assurance/Quality Control, and Coordination

Consultant shall project management, quality assurance/quality control (QA/QC) and client coordination/meetings.

1.1 Project Management

1.2 QA/QC

Task 2: Preliminary Plans and Environmental Support

Consultant shall
developing a preliminary site plan and project description for use in obtaining environmental clearances. Additional support will be provided to Rincon through the duration of the Project. Preliminary hydraulics and design will also be completed for the trash capture device.

Task 3: Geotechnical Investigation

Consultant shall provide a Geotechnical Report for the design of the Project.

These services will consist of visiting the site, clearing utilities by contacting Underground Services Alert, a no-fee encroachment permit from the City, drilling two borings to 20 feet at the site, laboratory testing, summarizing data collected and performing geotechnical analysis as a basis for preparing recommendation for design of the Project.

Task 4: Topographic Survey

Consultant shall perform ground surveying and mapping for the proposed improvements. The mapping will be on an assumed local datum with control set for future construction reference/use. Survey will include the southern terminus of Ellwood Beach Drive and the surrounding area. The ground survey mapping over the above-described limits will include hardscape, structures, striping, signage,

Task 5: 90% and Final PS&E

The design will be based on the topographic survey prepared in Task 4, discussions with the City, and the environmental consultant, The plan set will include:
59 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 13 of 15 ends

Title sheet
General, civil, grading, and environmental protection notes Demolition plan
Site grading and improvement plan
Trash capture device plan and sections
Retaining wall plan and sections
Civil details
Erosion control plan and restoration

The 90% draft plan set will be submitted for review by the City. Based on the City comments and the design review meeting, we will revise the plan set to Final.

Our scope of work assumes one round of combined comments from the City.

The Final plans will be stamped and signed by a licensed civil engineer, registered in California.

Deliverables
A. Conceptual Site Plan
B. Geotechnical Report
C. Project Description
D. 90% PS&E
E. Final PS&E

60 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 14 of 15 ends

EXHIBIT B

SCHEDULE OF FEES

No annual escalation will be allowed

Reimbursables + 10% markup
No mileage will be reimbursed
61 City of Goleta
Public Works Department and MNS Engineers, Inc.

Page 15 of 15 ends

EXHIBIT C

PROPOSED SCHEDULE

Kick-off Meeting September 27, 2023
Topographic Survey October 25, 2023
Geotechnical Investigation November 22, 2023
Draft Preliminary Site Plan and Project
Description
December 6, 2023
City Review Four Weeks
Final Preliminary Site Plan and Project
Description
January 24, 2024
90% and Final Design TBD

62 ATTACHMENT 5

Amendment No. 2 to Professional Services Agreement No. 2022-024 with NHC, Inc.

63 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 1 of 13 ends

AMENDMENT NO. 2

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
NORTHWEST HYDRAULIC CONSULTANT INC.

This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and NORTHWEST HYDRAULIC CONSULTANT INC. (“Consultant”) dated January 18, 2022 (“Agreement,” Agreement No. 2022-024) is made on this ____ day of _______________, 20______.

SECTION A. RECITALS

1. This Agreement is for the professional design services in conjunction With the San Jose Creek Channel Fish Passage Modification Project; and

2. This Agreement has been amended to extend the termination date to December 31, 2025, and identify new hourly rates (Amendment No. 1); and

3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $340,921; and

4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $151,780 for continued tasks and additional tasks; and

5. The Agreement currently provides in Section 6 for the termination of the Agreement on December 31, 2025; and

6. The parties desire to amend the Agreement so as to extend the termination of the Agreement to December 31, 2026; and

7. The Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and

8. The parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-1"; and

9. The Agreement currently provides in Exhibit B-1 entitled “Schedule of Fees” the hourly rates; and

10. The parties desire to amend Exhibit B-1 of the Agreement to identify the new hourly rates, attached as “Exhibit B-2”; and

11. City Council approved this Amendment No. 2, on this ____ day of _______________, 20____.
64 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 2 of 13 ends

SECTION B. AMENDED TERMS
Now therefore City and Consultant agree that the Agreement be, and hereby is, amended as follows:

For additional money:

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $151,780 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $492,701 (herein "not-to-exceed amount") and shall be earned as the work progresses.

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B-2,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until December 31, 2026, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional twelve months to read in its entirety:

The term of this Agreement is from the date first written above to December 31, 2026, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.

3. This Agreement is amended to delete and replace in its entirety:

Exhibit A “Scope of Work ” with Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.
65 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 3 of 13 ends

4. This Agreement is amended to delete and replace in its entirety:

Exhibit B-1 “Schedule of Fees” with Exhibit B-2 “Schedule of Fees” attached hereto and incorporated herein.

5. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

In concurrence and witness whereof, this Amendment No. 2, has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ ______________________________ Robert Nisbet, City Manager Erik Rowland, President

ATTEST:

_____________________________ ______________________________ Deborah Lopez, City Clerk Ed Wallace, Principal

APPROVED AS TO FORM:

ISAAC ROSEN, ACTING CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
66 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 4 of 13 ends

EXHIBIT A-1
City of Goleta
San Jose Creek Channel Fish Passage Project
SCOPE OF WORK BY NHC INC.

PHASE 1 TASKS
TASK 1: Design Coordination with NMFS, CDFW, and City of Goleta CONSULTANT shall attend up to 9 one-hour each bi-weekly coordination meetings in Goleta or by TEAMS, plus up to 9 two-hour each monthly summary meetings in Goleta or by TEAMS, for the expected nine (9) months of the primary design effort (total of 18 meetings). This assumes that up to 3 of the monthly summary meetings will be in-person held in Goleta.

Assumptions: CONSULTANT’s budget includes all travel expenses required for up to 3 in-person meetings in Goleta. These meetings will be attended in-person by the CONSULTANT design lead, joined by up to one CONSULTANT member of the design support team via telephone. The remaining fifteen (15) total meetings will be attended via TEAMS by the CONSULTANT design lead. City will prepare draft meeting notes. City of Goleta will provide venue for any meetings and coordination activities associated with regulating agency collaboration and comment.

Deliverables:
a. Electronic tracked-changes comments on meeting notes prepared by the City.

AMENDMENT 2 - TASK 1.1: Additional Design Coordination with Agencies and City staff
CONSULTANT shall attend up to 8 additional monthly coordination meetings by TEAMS of one hour each, over the course of the extended design process and modeling work to reach consensus on final weir designs. CONSULTANT shall prepare materials for each meeting and present summary slides during meeting and respond to questions forwarded by agency design team.

TASK 2: Updated Hydrologic and Hydraulic Assessment
CONSULTANT shall conduct an updated hydrologic assessment of San Jose Creek using USGS gage data or other data sources, as available. The hydrologic assessment will include development of a flow duration curve and a flood frequency curve for annual peak flows. The purpose of this work is to help identify appropriate low flow and high flow design discharges to be considered during design of the fish passage features. The 67 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 5 of 13 ends

calculated flood frequency curve will be compared to the data utilized previously to design the flood flow capacity of the channel.
.

Hydrologic data developed above will be utilized to calculate hydraulic conditions throughout the project reach and within a portion of the natural channel upstream of the project reach throughout the range of fish passage flows of interest in Tasks through 7 below. Determination of appropriate fish passage flow range may be influenced by the hydraulic characterization of the fish passage conditions apparent in the "best" available reference reach selected from within the natural channel upstream of the project reach extending to the Highway 101 crossing. The “best” available reference reach determination will be made during a site visit in collaboration with the City, CDFW, and NMFS staff.

Assumptions: The City will provide additional field survey data for the natural reach upstream of Hollister Avenue extending from Hollister Avenue upstream to the Highway 101 bridge. Survey needs will be developed by CONSULTANT and provided to the City.

Deliverables:
a. An initial Draft Design Report, to include flow duration curve and updated flood frequency curve.

TASK 3: Development of Weir Configurations for Study
CONSULTANT shall coordinate with City, CDFW, and NMFS to establish and agree on three (3) weir configurations that would be initially tested using the Computational Fluid Dynamic (CFD) modeling design tasks. These may additionally be tested in the physical scale modeling. A fourth weir configuration may be developed that considers the performance of the three initial configurations, and it will be evaluated in the CFD modeling discussed in Task 5 below, and in the physical modeling discussed in Task 7 below.

Assumptions: The existing flow line of the built downstream reach of San Jose Creek Channel and the designed flow line included in the upstream channel will not be altered.

Deliverables:
a. An updated Draft Design Report, to include summary design sketches of three proposed upstream weir configurations.

TASK 4: Development of Downstream Weir Design
CONSULTANT shall develop a new breakaway or collapsible weir design for downstream weirs within the downstream 2650 feet of the existing flood control channel. Development of an appropriate design will require collaboration with Santa Barbara County Flood 68 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 6 of 13 ends

Control District and the City to accomplish the objective of passing large flood events within the existing channel and yet be readily replaced and maintained during lower flows within the range of fish passage design flows.

Assumptions: The design is expected to accommodate fish passage within the range of fish passage design flows but not compromise regulatory flood flow capacity of the channel during large flow events.

Deliverables:
a. An updated Draft Design Report to include fish passage weir design drawings for selected downstream weir concept.

TASK 5: Numerical CFD Hydraulic Modeling for Fish Passage CONSULTANT shall develop a Computational Fluid Dynamic (CFD) model of the flood control channel extending into the natural reach about 200 feet upstream of the Hollister Avenue Bridge to the downstream end of the flood control channel. Upstream boundary conditions will be based on previously developed HECRAS modeling results of the upstream natural reach, and downstream boundary conditions downstream will be based on USGS and NOAA tidal data for the lagoon. The CFD model will incorporate up to three different alternative fish passage weir and velocity cover element design configurations, within the uniform flood control channel and fish passage channel flow line geometry.

These three alternatives are expected to be developed in collaboration with the NMFS and CDFW staff participating in the regular project design coordination effort described in Task 1 and Task 3 above. The CFD model will be used to simulate up to 10 steady state flows, including up to 5 flows within the range from low criteria fish passage flow to high criteria fish passage flow, and up to 5 higher flows tentatively equivalent to the 2-yr, 10- yr, 25-yr, 50-yr, and 100-yr recurrence interval flow events. These flows will be based on the summary review of existing historical USGS flow data for San Jose Creek and development of updated flow duration and exceedance curves in Task 2 above.

Evaluation of this potential fourth alternative will follow the collaborative development of the three initial weir designs with the team (CDFW, NMFS, City, NHC), after the Computational Fluid Dynamic (CFD) modeling results of the initial three weir configurations have been produced and reviewed.

Assumptions: The USGS historical gage record data, however incomplete, will be sufficient for development of hydrologic statistical data necessary to define the 10 flows to be modeled. As noted in Task 3 above, the existing flow line of the San Jose Creek Channel and the designed flow line included in the upstream channel will not be altered. 69 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 7 of 13 ends

Deliverables:
a. An updated Draft Design Report, to include the electronic summary of CFD modeling results, including hydraulic profiles, tabular summary results, and plan and isometric view 3-D velocity, water surface, and other graphical representations of important hydraulic characteristics illustrating the calculated results. b. Animation of CFD model results will be submitted as well, which are intended to provide a medium for collaborative consideration of the detailed hydraulic conditions affecting fish passage and sediment deposition. c. All CFD model results, and boundary condition data will be summarized within the Final Design Report developed for this project.

TASK 6: Sediment Transport Study
CONSULTANT shall develop a simplified one-dimensional sediment transport model of the upstream natural reach of the San Jose Creek channel, to provide a range of appropriate boundary conditions for sediment entering the flood control channel. This task will include collection of sediment samples for bed sediments by the CONSULTANT, and, if possible, suspended sediment if conditions permit. These data will be input into the sediment transport model to calibrate the model equations such that the model reasonably reproduces the observed condition and behavior of the natural channel reach upstream of the flood control channel. The boundary conditions determined using the sediment transport modeling will be used as input to the physical modeling evaluations of sediment transport characteristics of the proposed weir configurations described in Task 7 below. The sediment transport model may also be used to compare the deposition behavior observed in the existing flood control channel by extending the 1-D sediment transport boundary downstream to include a portion of the existing flood control channel.

Assumptions: The bed sediment samples will be analyzed by CONSULTANT or a local analytical laboratory at the direction of the CONSULTANT, accustomed to the determination of key sediment transport parameters needed for the sediment transport modeling. Model calibration will be accomplished using analogous sediment transport studies of other southern California stream within the region near San Jose Creek, with similar watershed geology and hydrology. No separate verification will be conducted for the model, as there is no available previous sediment transport modeling available, and no field data collection for the proposed fish passage channel features and their effects on sediment transport are available. Sediment transport model simulation results will be considered qualitative, indicating general trends toward aggradation (deposition) or scour only, rather than quantitative in nature.

Deliverables:
a. An updated Draft Design Report, to include an electronic summary of Sediment Transport modeling results, including bed sediment sample gradations, suspended sediment sample data (if practical and conditions permit), incoming sediment loads, sediment rating curves, sediment transport hydrographs, net deposition 70 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 8 of 13 ends

within the flood control channel (both annual representations and dynamic per- event simulation results), and the section-by-section net deposition and scour in the upstream natural reach between the flood control channel and the Hwy 101 crossing.

TASK 7: Development of Physical Model for Selected Weir CONSULTANT shall develop a physical modeling plan to validate and refine the best weir configuration developed via Computational Fluid Dynamic (CFD) modeling in Task 5 above to evaluate how a new weir configuration will handle the sediment and debris loading, items that cannot be evaluated using CFD.

The physical model will be constructed at an appropriate scale to properly simulate the hydraulic and sediment transport characteristics of the fish passage channel and weir configuration. While the model scale has not been determined yet, for purposes of scoping this effort, we assume that the scale will likely be in the range of 1:6 to 1:16 depending on sediment gradations of samples collected in Task 6 above. The model will be used to evaluate the upstream reach of the flood control channel from the transition reach through the Hollister Avenue bridge and downstream well into the previously constructed channel section. The model test bed facility will be constructed atop the sump basin for space efficiency and will simulate roughly 750 feet to 900 feet of channel, which will include a portion of the upstream natural reach above Hollister Avenue Bridge and extend downstream around the bend in the previously constructed flood control channel.

This length will permit the evaluation of the most critical section of the fish passage channel, with the results readily translated downstream through the rest of the flood control channel to all the other fish passage weirs. Modeling the entire length of the flood control channel is not necessary to understand and evaluate the fish passage characteristics of the preferred weir configuration, as all other weirs will be modified to produce similar results. Additionally, the physical space required to do so is prohibitively expensive for little additional benefit.

Modeling will likely include witness testing and evaluation attended in-person by key technical staff from CDFW, NMFS, and the City, with optional attendance via Microsoft Teams as needed. During the witness testing, we would expect that a consensus will be reached with City, CDFW and NMFS on the performance of all weir options and a decision made on which option to construct in the prototype.

Assumptions: The physical model will be used to test the weir options developed under Task 5 above. The model will incorporate up to 10 flows over a range from low fish passage flows to high flood flows, commensurate with the flows to be evaluated in Task 5 above. The direct comparison between CFD model results and physical scale modeling results will permit validation of the modeling simulations. Sediment transport evaluations in the physical scale modeling should be acknowledged to be qualitative in nature, with deposition volumes to be relative only, not absolute. The results of the physical scale 71 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 9 of 13 ends

modeling as summarized in the Draft report will be reviewed by key technical staff from CDFW, NMFS, and the City within three weeks of submittal.

Deliverables:
a. An updated Draft Design Report, to include the results of the physical modeling will be developed to summarize the physical scale model results for clear-water hydraulic characteristics in the channel and sediment transport characteristics in the channel for the three initial weir configurations and the fourth weir configuration identified in Task 5 above.
b. Deliverables will also include an in-person witness test attended by key technical staff from CDFW, NMFS, and the City.
c. The consensus opinion of weir design configuration will be presented in drawings as part of the modeling final report. The draft report will include modeling assumptions, methods, design and drawings, simulation results, and records of meeting notes and decisions made.
d. The Draft Design Report will be issued as a Final Design Report including all results for Tasks 2 through 7 once comments are addressed on the Draft report AMENDMENT 2 - TASK 7.1: Additional Work for Development of Physical Model for Selected Weir
CONSULTANT shall complete supplemental physical model modifications based on the witness test of November 2023, to accommodate additional options and scenarios.

Consultant shall host a second witness test to test weir design options and secure general consensus of weir designs. CONSULTANT shall continue verification testing of consensus weir designs.

TASK 8: Development of Design Plans and Technical Specifications CONSULTANT shall develop design plans and technical specifications for the selected fish passage features to be constructed within the existing flood control channel, based on the selected preferred alternative that arises from the agency collaboration conducted in Tasks 2 through 7 above. These plans will be developed to 65% complete, 95% complete, and 100% complete design, with each level of design documents reviewed by the City, the NMFS, and CDFW. Comments shall be resolved by CONSULTANT, in collaboration with the City, the NMFS, and CDFW, with summary comments and resolutions recorded in spreadsheet format, with the reviewer’s identification and affiliation clearly stated. At each of these three phases of design, up to a two-hour Teams review conference will be attended by all reviewers and the CONSULTANT to discuss the comments and determine appropriate resolution. Comments and resolutions will be distributed to reviewers following each design phase review conference meeting.

Assumptions: The City will develop its own Division 0 specifications as necessary to conform to City standards for construction bid projects of similar scope. The 72 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 10 of 13 ends

CONSULTANT shall develop the General Specifications and any Special Provisions needed to adequately define and communicate the project fish passage feature design to the contractor. Reviewers will furnish comments at least one week before the review conference meeting.

Deliverables:
a. 65% Plans.
b. 95% Plans, Technical Specifications and Construction Cost Estimate. c. 100% Plans, Technical Specifications and Construction Cost Estimate. d. Electronic Design Review Comment and Resolution spreadsheet shall be distributed by CONSULTANT following the review conferences for each phase of design as noted above.
e. CONSULTANT shall distribute Design Plans and Specifications to reviewers at least one week prior to the scheduled review conference meeting as noted above, with markups and revisions arising from the previous phase comment review and resolution incorporated into the updated set for distribution.

AMENDMENT 2 - TASK 8.1: Development of Design Plans and Technical Specifications – Caltrans Standard Plans and Specifications CONSULTANT shall develop Final Design Plans and Technical Specifications for the modifications of the existing fish passage weirs within the existing constructed flood control channel and the extension reach of the flood control channel through Hollister Avenue bridge consistent with TASK 8, and in compliance with Caltrans 2023 Standard Plans and Specifications.

AMENDMENT 2 - TASK 8.2: Development of Detailed Upstream Grading Options and Final Plans
CONSULTANT shall develop creek grading options for San Jose Creek upstream of Hollister Avenue. Options shall be selected to minimize riparian and right of way impacts and minimizing the need for engineered slopes. CONSULTANT shall use HEC RAS and CFD modeling to optimize design options. CONSULTANT shall include evaluation of the no-grading option with the assumption that natural erosion processes will achieve the necessary upstream morphologic changes to adjust the artificially elevated channel invert once the Hollister Avenue bridge replacement and flood control channel extension is constructed. CONSULTANT shall attend up to 6 focused grading design meetings.

CONSULTANT shall prepare a draft and final Grading Report, accommodating review comments from the Project Team and capturing final consensus on the grading design.

Deliverables:
a. Grading options with supporting HEC RAS and CFD model outputs. b. Right-of-Way Mapping.
c. Draft and Final Grading Report.
73 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 11 of 13 ends

TASK 9: Monitoring and Maintenance Plan
CONSULTANT shall develop (with input from the City, CDFW and NMFS) a monitoring, maintenance and adaptive management plan for the project based upon the results of the design and modeling (physical and numerical) efforts.

Deliverables:
a. Draft Monitoring and Maintenance Plan.
b. Final Monitoring and Maintenance Plan.

TASK 10: Permitting Support for Technical Data
CONSULTANT shall provide technical support to permitting staff at the City or contracted to the City as needed to prepare permit application documents and materials.

Assumptions: CONSULTANT will not prepare permit applications but will provide technical information as needed to support the permit process.

Deliverables:
a. Electronic technical supporting documents and information submitted in electronic format to City as needed to support permitting process.

TASK 11: Construction Bidding Support
CONSULTANT shall assist the City of Goleta in preparation for a pre-bid conference, responding to bidder inquiries, and preparing contract addenda as required during bid advertisement of the project. The City shall receive bids and furnish to CONSULTANT who shall tabulate and evaluate bids for construction of the project. CONSULTANT shall evaluate bids including reviewing math, reviewing bid substitutions, and contacting project references. CONSULTANT shall prepare up to three addenda if needed and submit to City for distribution to the prospective bidders. CONSULTANT shall review the lowest apparent responsive bid and report recommendations on contractor qualifications.

Assumptions: The project will be bid one time only. The City is the primary contact during bidding for questions and issuing addenda. The advertisement period lasts four weeks.

CONSULTANT team spends a maximum of 20 hours responding to bidder inquiries and preparing addenda.

Deliverables:
a. Bid inquiry and construction contractor responses (RFI’s) to support City’s various requests for assistance.
74 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 12 of 13 ends

b. Addenda items, as enumerated above.
c. A recommendation letter regarding contract award.

TASK 12: Engineering During Construction (EDC) Services CONSULTANT shall provide engineering and consultation during construction of the fish passage features and any alteration of the transition reach upstream of the flood control channel limits. General tasks may include responding to RFI’s, contractor submittals, inspections, vendor inquiries, exchanges, and observation of critical portions of the construction work as needed to determine conformance with design intent.

Assumptions: CONSULTANT shall respond to up to 5 RFI’s, shall make up to three site observation visits during construction, and shall respond to up to 3 vendor inquiries.

CONSULTANT shall notify City of apparent discrepancies with project design intent within two working days of identification of said discrepancies.

Deliverables:

RFI review responses, submittal responses, exchange responses, vendor inquiry responses, site observation visit notes for each visit.

75 City of Goleta
Amendment No. 2 to Agreement No. 2022-024

Page 13 of 13 ends

EXHIBIT B-2 - Schedule of Fees for NHC, Inc.
(Effective Jan 2024 – Dec 2026)
Labor Category Fee Rate $/Hr
Principal 310
Principal T3 290
Sr. Project Engineer/Scientist 260
Sr. Engineer/Scientist 1 220
Sr. Engineer/Scientist 2 205
Engineer/Scientist 1 185
Engineer/Scientist 2 160
Jr. Engineer/Scientist 140
GIS Analyst 1 165
GIS Analyst 2 135
Sr. CAD Designer 175
CAD Designer 135
Sr. Engineering Technician 160
Engineering Technician 1 145
Engineering Technician 2 135
Jr. Engineering Technician 105
Sr. Engineering Lab Technician 165
Engineering Lab Technician 135
Sr. Contract Administrator 260
Sr. Technical Editor 150
Technical Editor 135
Office Administrator 105
Handling Charges / Fees
Markup on Subconsultants 10%
Markup on Reimbursables 10%
Markup on Travel/Subsistence 0%
Plotting $/sheet
Plots, bond, 11 x 17 $2.00
Plots, bond, D size $4.00
Plots, oversize (running foot) $2.00
Photocopies $/sheet
B&W 8½ x 11 $0.10
B&W 11 x 17 $0.15
Color 8½ x 11 $1.00
Color 11 x 17 $2.00
Refer to separate schedules for field and laboratory equipment charges Travel reimbursement only for out of California travel, subject to pre-approval from City Staff. 76 ATTACHMENT 6

Amendment No. 1 and Professional Services Agreement No. 2024-024 with NHC, inc. 77 78
79 80
Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 1 of 20 ends

Project Name: San Jose Creek Channel
Fish Passage Modification Project

AGREEMENT FOR PROFESSIONAL DESIGN SERVICES

BETWEEN THE CITY OF GOLETA
AND
NORTHWEST HYDRAULIC CONSULTANT INC.

This AGREEMENT FOR PROFESSIONAL DESIGN SERVICES (herein referred to as AGREEMENT) is made and entered into this 18th day of January 2022, by and between the CITY OF GOLETA , a municipal corporation (herein referred to as "CITY"), NORTHWEST HYDRAULIC CONSULTANTS, INC ., (Washington State Corporation) (herein referred to as "CONSULTANT").

SECTION A. RECITALS

1. The CITY has a need for professional design services for the San Jose Creek Channel Fish Passage Modification Project; and

3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.240 by the CONSULTANTs expertise and familiarity required for the project.

4. The City Council, on this 18th day of January 2022, approved this AGREEMENT and authorized the City Manager to execute the AGREEMENT.

SECTION B. TERMS

1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2.

CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:

Professional design Services in conjunction with the San Jose Creek Channel Fish Passage Modification Project. Services shall 81 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 2 of 20 ends

generally include design and agency collaboration services related to fish-passage design along the San Jose Creek Channel 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 $340,921 (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, 2023, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5.

Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification).

All payments shall be made within 30 days after CITYs approval of the invoice.

4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B if one is included as part of this agreement. Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
82 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 3 of 20 ends

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, 2023, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.

8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Ed Zapel is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Managers prior written consent.

83 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 4 of 20 ends

9. HOLD HARMLESS AND INDEMNITY

CONSULTANTs duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANTs proportionate percentage of fault. CONSULTANTs percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANTs percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANTs proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
(b) For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of CITY, for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents (Indemnified Parties) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY. (c) No Waiver. ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.

Page 5 of 20 ends

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.

c) Workers Compensation insurance complying with California workers compensation laws, including statutory limits for workers compensation and an Employers Liability limit of $1,000,000 per accident or disease.

d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.

Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:

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 insurers liability. Coverage will not be limited to CITYs vicarious liability.

c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage 85 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 6 of 20 ends

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 employers 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 CONSULTANTs
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.

86 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 7 of 20 ends

However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
87 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 8 of 20 ends

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.
88 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 9 of 20 ends

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.

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 89 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 10 of 20 ends

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.

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: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
90 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 11 of 20 ends

TO CONSULTANT: Attention: Ed Wallace
Northwest Hydraulic Consultants, Inc.
200 S. Los Robles Avenue, Suite 405
Pasadena, CA 91101

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
_____________________________
Michelle Greene, City Manager
_____________________________
Erik Rowl d, President
ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Ed Wallace,
APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
91 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 12 of 20 ends

EXHIBIT A

City of Goleta
San Jose Creek Channel Fish Passage Modification Project

SCOPE OF WORK BY NHC INC.

PHASE 1 TASKS

TASK 1: Design Coordination with NMFS, CDFW, and City of Goleta

CONSULTANT shall attend up to 9 one-hour each bi-weekly coordination meetings in Goleta or by TEAMS, plus up to 9 two-hour each monthly summary meetings in Goleta or by TEAMS, for the expected nine (9) months of the primary design effort (total of 18 meetings). This assumes that up to 3 of the monthly summary meetings will be in-person held in Goleta.

Assumptions: CONSULTANTs budget includes all travel expenses required for up to 3 in-person meetings in Goleta. These meetings will be attended in-person by the CONSULTANT design lead, joined by up to one CONSULTANT member of the design support team via telephone. The remaining fifteen (15) total meetings will be attended via TEAMS by the CONSULTANT design lead. City will prepare draft meeting notes. City of Goleta will provide venue for any meetings and coordination activities associated with regulating agency collaboration and comment.

Deliverables:
a. Electronic tracked-changes comments on meeting notes prepared by the City.

TASK 2: Updated Hydrologic and Hydraulic Assessment

CONSULTANT shall conduct an updated hydrologic assessment of San Jose Creek using USGS gage data or other data sources, as available. The hydrologic assessment will include development of a flow duration curve and a flood frequency curve for annual peak flows. The purpose of this work is to help identify appropriate low flow and high flow design discharges to be considered during design of the fish passage features. The calculated flood frequency curve will be compared to the data utilized previously to design the flood flow capacity of the channel.
.

Page 13 of 20 ends

Tasks through 7 below. Determination of appropriate fish passage flow range may be influenced by the hydraulic characterization of the fish passage conditions apparent in the "best" available reference reach selected from within the natural channel upstream of the project reach extending to the Highway 101 crossing. The best available reference reach determination will be made during a site visit in collaboration with the City, CDFW, and NMFS staff.

Deliverables:
a. An initial Draft Design Report, to include flow duration curve and updated flood frequency curve.

TASK 3: Development of Weir Configurations for Study

CONSULTANT shall coordinate with City, CDFW, and NMFS to establish and agree on three (3) weir configurations that would be initially tested using the Computational Fluid Dynamic (CFD) modeling design tasks. These may additionally be tested in the physical scale modeling. A fourth weir configuration may be developed that considers the performance of the three initial configurations, and it will be evaluated in the CFD modeling discussed in Task 5 below, and in the physical modeling discussed in Task 7 below.

Assumptions: The existing flow line of the built downstream reach of San Jose Creek Channel and the designed flow line included in the upstream channel will not be altered.

Deliverables:
a. An updated Draft Design Report, to include summary design sketches of three proposed upstream weir configurations.

TASK 4: Development of Downstream Weir Design

CONSULTANT shall develop a new breakaway or collapsible weir design for downstream weirs within the downstream 2650 feet of the existing flood control channel. Development of an appropriate design will require collaboration with Santa Barbara County Flood Control District and the City to accomplish the objective of passing large flood events within the existing channel and yet be readily replaced and maintained during lower flows within the range of fish passage design flows.

93 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 14 of 20 ends

Deliverables:
a. An updated Draft Design Report to include fish passage weir design drawings for selected downstream weir concept.

TASK 5: Numerical CFD Hydraulic Modeling for Fish Passage

CONSULTANT shall develop a Computational Fluid Dynamic (CFD) model of the flood control channel extending into the natural reach about 200 feet upstream of the Hollister Avenue Bridge to the downstream end of the flood control channel.

Upstream boundary conditions will be based on previously developed HECRAS modeling results of the upstream natural reach, and downstream boundary conditions downstream will be based on USGS and NOAA tidal data for the lagoon. The CFD model will incorporate up to three different alternative fish passage weir and velocity cover element design configurations, within the uniform flood control channel and fish passage channel flow line geometry.

These three alternatives are expected to be developed in collaboration with the NMFS and CDFW staff participating in the regular project design coordination effort described in Task 1 and Task 3 above. The CFD model will be used to simulate up to 10 steady state flows, including up to 5 flows within the range from low criteria fish passage flow to high criteria fish passage flow, and up to 5 higher flows tentatively equivalent to the 2-yr, 10-yr, 25-yr, 50-yr, and 100-yr recurrence interval flow events. These flows will be based on the summary review of existing historical USGS flow data for San Jose Creek and development of updated flow duration and exceedance curves in Task 2 above.

CONSULTANT shall evaluate the three initial weir configurations developed in Task 3 above and may also evaluate a fourth weir configuration that considers the performance of the three initial configurations and incorporates features of one or more of them. Evaluation of this potential fourth alternative will follow the collaborative development of the three initial weir designs with the team (CDFW, NMFS, City, NHC), after the Computational Fluid Dynamic (CFD) modeling results of the initial three weir configurations have been produced and reviewed.

Deliverables:
94 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 15 of 20 ends

a. An updated Draft Design Report, to include the electronic summary of CFD modeling results, including hydraulic profiles, tabular summary results, and plan and isometric view 3-D velocity, water surface, and other graphical representations of important hydraulic characteristics illustrating the calculated results.
b. Animation of CFD model results will be submitted as well, which are intended to provide a medium for collaborative consideration of the detailed hydraulic conditions affecting fish passage and sediment deposition.
c. All CFD model results, and boundary condition data will be summarized within the Final Design Report developed for this project.

TASK 6: Sediment Transport Study

CONSULTANT shall develop a simplified one-dimensional sediment transport model of the upstream natural reach of the San Jose Creek channel, to provide a range of appropriate boundary conditions for sediment entering the flood control channel. This task will include collection of sediment samples for bed sediments by the CONSULTANT, and, if possible, suspended sediment if conditions permit.

These data will be input into the sediment transport model to calibrate the model equations such that the model reasonably reproduces the observed condition and behavior of the natural channel reach upstream of the flood control channel.

The boundary conditions determined using the sediment transport modeling will be used as input to the physical modeling evaluations of sediment transport characteristics of the proposed weir configurations described in Task 7 below.

The sediment transport model may also be used to compare the deposition behavior observed in the existing flood control channel by extending the 1-D sediment transport boundary downstream to include a portion of the existing flood control channel.

Deliverables:
95 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 16 of 20 ends

a. An updated Draft Design Report, to include an electronic summary of Sediment Transport modeling results, including bed sediment sample gradations, suspended sediment sample data (if practical and conditions permit), incoming sediment loads, sediment rating curves, sediment transport hydrographs, net deposition within the flood control channel (both annual representations and dynamic per-event simulation results), and the section-by-section net deposition and scour in the upstream natural reach between the flood control channel and the Hwy 101 crossing.

TASK 7: Development of Physical Model for Selected Weir

CONSULTANT shall develop a physical modeling plan to validate and refine the best weir configuration developed via Computational Fluid Dynamic (CFD) modeling in Task 5 above to evaluate how a new weir configuration will handle the sediment and debris loading, items that cannot be evaluated using CFD.

Modeling the entire length of the flood control channel is not necessary to understand and evaluate the fish passage characteristics of the preferred weir configuration, as all other weirs will be modified to produce similar results.

Additionally, the physical space required to do so is prohibitively expensive for little additional benefit.

96 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 17 of 20 ends

Assumptions: The physical model will be used to test the weir options developed under Task 5 above. The model will incorporate up to 10 flows over a range from low fish passage flows to high flood flows, commensurate with the flows to be evaluated in Task 5 above. The direct comparison between CFD model results and physical scale modeling results will permit validation of the modeling simulations. Sediment transport evaluations in the physical scale modeling should be acknowledged to be qualitative in nature, with deposition volumes to be relative only, not absolute. The results of the physical scale modeling as summarized in the Draft report will be reviewed by key technical staff from CDFW, NMFS, and the City within three weeks of submittal.

Deliverables:
a. An updated Draft Design Report, to include the results of the physical modeling will be developed to summarize the physical scale model results for clear-water hydraulic characteristics in the channel and sediment transport characteristics in the channel for the three initial weir configurations and the fourth weir configuration identified in Task 5 above. b. Deliverables will also include an in-person witness test attended by key technical staff from CDFW, NMFS, and the City.
c. The consensus opinion of weir design configuration will be presented in drawings as part of the modeling final report. The draft report will include modeling assumptions, methods, design and drawings, simulation results, and records of meeting notes and decisions made.
d. The Draft Design Report will be issued as a Final Design Report including all results for Tasks 2 through 7 once comments are addressed on the Draft report

TASK 8: Development of Design Plans and Technical Specifications

CONSULTANT shall develop design plans and technical specifications for the selected fish passage features to be constructed within the existing flood control channel, based on the selected preferred alternative that arises from the agency collaboration conducted in Tasks 2 through 7 above. These plans will be developed to 65% complete, 95% complete, and 100% complete design, with each level of design documents reviewed by the City, the NMFS, and CDFW.

Comments shall be resolved by CONSULTANT, in collaboration with the City, the NMFS, and CDFW, with summary comments and resolutions recorded in spreadsheet format, with the reviewers identification and affiliation clearly stated.

At each of these three phases of design, up to a two-hour Teams review conference will be attended by all reviewers and the CONSULTANT to discuss the comments and determine appropriate resolution. Comments and resolutions will be distributed to reviewers following each design phase review conference meeting.

97 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 18 of 20 ends

Assumptions: The City will develop its own Division 0 specifications as necessary to conform to City standards for construction bid projects of similar scope. The CONSULTANT shall develop the General Specifications and any Special Provisions needed to adequately define and communicate the project fish passage feature design to the contractor. Reviewers will furnish comments at least one week before the review conference meeting.

TASK 9: Monitoring and Maintenance Plan

CONSULTANT shall develop (with input from the City, CDFW and NMFS) a monitoring, maintenance and adaptive management plan for the project based upon the results of the design and modeling (physical and numerical) efforts.

Deliverables:
a. Draft Monitoring and Maintenance Plan.
b. Final Monitoring and Maintenance Plan.

TASK 10: Permitting Support for Technical Data

CONSULTANT shall provide technical support to permitting staff at the City or contracted to the City as needed to prepare permit application documents and materials.

Assumptions: CONSULTANT will not prepare permit applications but will provide technical information as needed to support the permit process.

Deliverables:
a. Electronic technical supporting documents and information submitted in electronic format to City as needed to support permitting process.

98 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 19 of 20 ends

TASK 11: Construction Bidding Support

CONSULTANT shall assist the City of Goleta in preparation for a pre-bid conference, responding to bidder inquiries, and preparing contract addenda as required during bid advertisement of the project. The City shall receive bids and furnish to CONSULTANT who shall tabulate and evaluate bids for construction of the project. CONSULTANT shall evaluate bids including reviewing math, reviewing bid substitutions, and contacting project references. CONSULTANT shall prepare up to three addenda if needed and submit to City for distribution to the prospective bidders. CONSULTANT shall review the lowest apparent responsive bid and report recommendations on contractor qualifications.

Assumptions: The project will be bid one time only. The City is the primary contact during bidding for questions and issuing addenda. The advertisement period lasts four weeks. CONSULTANT team spends a maximum of 20 hours responding to bidder inquiries and preparing addenda.

Deliverables:
a. Bid inquiry and construction contractor responses (RFIs) to support Citys various requests for assistance.
b. Addenda items, as enumerated above.
c. A recommendation letter regarding contract award.

TASK 12: Engineering During Construction (EDC) Services

CONSULTANT shall provide engineering and consultation during construction of the fish passage features and any alteration of the transition reach upstream of the flood control channel limits. General tasks may include responding to RFIs, contractor submittals, inspections, vendor inquiries, exchanges, and observation of critical portions of the construction work as needed to determine conformance with design intent.

Assumptions: CONSULTANT shall respond to up to 5 RFIs, shall make up to three site observation visits during construction, and shall respond to up to 3 vendor inquiries. CONSULTANT shall notify City of apparent discrepancies with project design intent within two working days of identification of said discrepancies.

Deliverables:
a. RFI review responses, submittal responses, exchange responses, vendor inquiry responses, site observation visit notes for each visit.

99 Public Works Department
and Northwest Hydraulic Consultants, Inc.

Page 20 of 20 ends

EXHIBIT B

Schedule of Fees for NHC, Inc.
(Effective Dec 2021 Dec 2023)
Labor Category Fee Rate $/Hr
Principal 261
Principal T3 241
Sr. Project Engineer/Scientist 220
Sr. Engineer/Scientist 1 195
Sr. Engineer/Scientist 2 169
Engineer/Scientist 1 149
Engineer/Scientist 2 128
Jr. Engineer/Scientist 118
GIS Analyst 1 149
GIS Analyst 2 113
Sr. Engineering Technician 149
Engineering Technician 118
Jr. Engineering Technician 92
Sr. Engineering Lab Technician 138
Sr. Contract Administrator 174
Sr. Technical Editor 154
Technical Editor 118
Office Administrator 92

Handling Charges / Fees
Markup on Subconsultants 10%
Markup on Reimbursables 10%
Markup on Travel/Subsistence 0%

Plotting $/sheet
Plots, bond, 11 x 17 $2.00
Plots, bond, D size $4.00
Plots, oversize (running foot) $2.00

Photocopies $/sheet
B&W 8½ x 11 $0.10
B&W 11 x 17 $0.15
Color 8½ x 11 $1.00
Color 11 x 17 $2.00
Refer to separate schedules for field and laboratory equipment charges Travel reimbursement only for out of California Travel, subject to pre-approval from City Staff. 100
ATTACHMENT 7

Amendment No. 1 to Professional Services Agreement No. 2023-025 with Rincon Consultants, Inc.
101
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 1 of 26 ends

AMENDMENT NO. 1

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.

This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and RINCON CONSULTANTS, INC. (“Consultant”) dated March 21, 2023 (“Agreement,” Agreement No. 2023-025) is made on this _____ day of _______________,20___.

SECTION A. RECITALS

1. This Agreement is for the professional environmental and permitting services in conjunction the San Jose Creek Channel Fish Passage Modification Project; and

2. The Agreement currently provides in Section 3 Subsection (a) for the total
compensation amount not to exceed $197,313; and

3. The parties desire to amend the Agreement so as to provide for additional
compensation in the amount of $60,916 for continued tasks and additional tasks; and

4. The Agreement currently provides in Section 6 for the termination of the Agreement on December 31, 2024; and

5. The parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2026; and

6. The Agreement currently provides in Exhibit A entitled “Scope of Work” the
complete and particular description of services; and

7. The parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-1"; and

8. City Council approved this Amendment No. 1, on this ___ day of ___________, 20____.

SECTION B. AMENDED TERMS

Now therefore City and Consultant agree that the Agreement be, and hereby is, amended as follows:
102
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 2 of 26 ends

For additional money:

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENTof the Agreement is amended to add an additional authorized amount of $60,916 and to read in its entirety:
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this
AGREEMENT SHALL NOT EXCEED the sum of $258,229
(herein "not-to-exceed amount") and shall be earned as the work progresses.

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B,"
attached and incorporated herein. The rates and
expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2026, after which any
change in said rates and expenses must be approved
in writing by CITY's Project Manager as described in
Section 5 (CITY is to be given 60 days notice of any
rate increase request), provided the not to exceed
amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional eighteen months to read in its entirety:

The term of this Agreement is from the date first written above to June 30, 2026, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.

3. This Agreement is amended to delete and replace in its entirety:

Exhibit A “Scope of Work ” with Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.

4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.

103
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 3 of 26 ends

In concurrence and witness whereof , this Amendment No. 1, has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ ______________________________ Robert Nisbet, City Manager Steven Hongola, Vice President

ATTEST:

_____________________________ _____________________________ Deborah Lopez, City Clerk Lacrissa Davis, Chief Financial Officer

APPROVED AS TO FORM:

ISAAC ROSEN, ACTING CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney

104
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 4 of 26 ends

Exhibit A-1 Scope of Work
Task 1 – CEQA
This scope of work includes preparation of an Addendum to the city’s Final Initial Study-Mitigated Negative Declaration for the San Jose Creek Capacity Improvement & Fish Passage Project (Final MND; dated May 2007, with an approved addendum dated April 2008), pursuant to the CEQA. If, during our analysis, the Consultant identify any new or additional significant impacts, the Consultant will contact the city immediately to discuss an appropriate course of action (e.g., a Subsequent MND). The following tasks are included as part of our proposed scope of work.

Task 1.1 – Draft Addendum to the Final MND
Consultant shall prepare Draft Addendum which will serve as a second addendum to the original MND and include an introductory section describing the requirements of an addendum to a final MND, followed by a section that briefly describes the “approved project” evaluated in the 2007 Final MND and the proposed “current project.” The project location and limits of the “approved project” is shown below in Figure 1:

Figure 1 Approved Project Vicinity Map

105
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 5 of 26 ends

1.4), and the Cultural Resources Technical Report for the current project (included in Task 4) to the extent feasible. Additionally, because the current project will modify weir designs currently included in the Hollister Avenue Bridge Replacement Project, the Draft Addendum will also rely on, and incorporate by reference, the city’s 2015 Final MND for Hollister Avenue Bridge Replacement Project(2015 Final MND). Pursuant to CEQA Guidelines Section 15150, where all or part of another document is incorporated by reference, the incorporated language shall be considered to be set forth in full as part of the text of the current CEQA document.

Because the current project components include modifications to both the San Jose Creek Fish Passage Project (as analyzed in the 2007 Final MND and the 2008 Addendum) and the Hollister Avenue Bridge Replacement Project (as analyzed in the 2015 Final MND), the Draft Addendum will discuss the changes in potential environmental impacts related to both projects. In addition to the environmental issue areas analyzed in the 2007 Final MND, since adoption of this Final MND, the topics of Forestry Resources, Energy, Tribal Cultural Resources, Wildfire, and (within Transportation) Vehicle Miles Traveled were added to the Environmental Checklist Form in Appendix G of the CEQA Guidelines. Therefore, the Draft Addendum will also discuss the potential for impacts associated with Forestry Resources, Energy, Tribal Cultural Resources, Wildfire, and Vehicle Miles Traveled.

Deliverables:

A Draft Addendum in electronic format (Microsoft Word and/or PDF) for city review
Assumptions:

One round of consolidated comments on the Draft Addendum will be addressed from the city
Task 1.2 – Final Addendum to the Final MND
Consultant shall revise the Draft Addendum based on one round of consolidated comments from the city, to be provided in an electronic, editable format. The Final Addendum will be submitted in electronic format to the city. This scope of work does not include providing documents that are accessible pursuant to the Americans with Disabilities Act (ADA) or printed copies. However, accessible 106
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 6 of 26 ends

documents and/or printed copies can be provided for an additional fee. Per the State CEQA Guidelines, the Addendum does not need to be circulated for public review but must be considered by the City’s decision makers. Following a decision on the project, Consultant shall prepare a Notice of Determination (NOD) for filing by the city.

Deliverables:

A Final Addendum in electronic format (Microsoft Word and/or PDF) for city review
An electronic version (Microsoft Word and/or PDF) of the Notice of Determination (NOD) for filing by the city
Assumptions:

The city will pay all required filing fees
Task 1.3 –Meeting/Hearing Attendance
This task involves management, organization, and coordination with the city over the course of this scope of work. It also includes responding to telephone calls and emails regarding the project, monitoring the project budget and schedule, and other similar tasks. This task assumes meeting/hearing attendance by Consultant’s Project Manager and/or CEQA Task Lead regarding the Addendum to the Final MND. If additional meeting/hearing time is requested by the city, a change order will be required.

Task 1.4 – Limited Biological Resources Assessment Update Consultant shall provide a limited update to the previously completed Biological Resources Assessment (BRA). This update to the previously conducted BRA will be a database review to identify and evaluate any newly listed or candidate species to evaluate the potential for them to occur in the project. The following databases may be reviewed as part of the update: the CDFW California Natural Diversity Data Base (CNDDB), USFWS Critical Habitat Portal, California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants of California, and CDFW Special Animals List. This scope of work assumes that no new species with the potential to occur will be identified. The existing regulatory setting section will be updated as needed to reflect recent regulatory changes. The analysis is not anticipated to require substantive updates, and the previously conducted Biological Resources Analysis will not be revised. Limited field data gathered as part of Task 2 will be included as well as figures updated with any new data and new project information.

An additional limited field effort will be conducted to inventory the protected native trees within the project site as part of the field effort in Task 2. Some trees in the project site have been inventoried recently (fall and winter 2022) and in the past (10 years ago) as part of the Hollister Avenue Bridge Replacement Project. 107
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 7 of 26 ends

Data from those efforts will be used to the extent feasible and expanded where needed. All trees within the project footprint with diameter-at-breast-height (DBH) of 4 inches or greater will be mapped and tree condition and level of expected impact will be documented. A tree protection zone will be mapped and displayed on a graphic of the project site. The tree protection zone will be defined as the area within the tree dripline out to approximately 5-feet from the dripline to account for the tree’s critical root zone. The methods and results of the tree inventory will then be incorporated into the BRA.

This scope of work does not include agency consultation.

Deliverables:

A BRA in electronic format (Microsoft Word and/or PDF) for city review Assumptions:

Assumes one round of review and response to comments from the city.

No agency coordination will be necessary.

The limited field work included in this task will be conducted as part of Task 2 and therefore, all time and expenses for the field effort is included in Task 2.

A stand-alone arborist report will not be prepared.

However, if the mapping and evaluation of the tree protection zones included as part of this task reveals that project activities may result in impacts to the Sister Witness Tree, additional impact assessments may be necessary and can be provided under additional authorization.

AMENDMENT 1. Task 1.5: Design Coordination - Natural Channel Because the design of the upstream natural channel is in question as to whether grading is needed or if/how grading should be modified, the Consultant shall provide input to the City of Goleta’s hydraulic consultant on what to consider during design. Consultant shall provide geographical information system (GIS) shapefiles of the native trees, jurisdictional delineation, and vegetation communities to aid in design. Additionally, coordinating the project footprint is important for the California Environmental Quality Act (CEQA) documents and the natural resource permits that will need to be prepared under the current scope of work.

Task 2 – Aquatic Resources Delineation
108
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 8 of 26 ends

Consultant shall conduct a review of potential jurisdictional waters within the project footprint, specifically San Jose Creek and any adjacent wetlands/waters, using the most current regulatory guidance and methodologies provided by the USACE, CDFW, and CCRWQCB. This review will build on and reference previous reviews completed within the project. The final determination regarding jurisdictional resources will be made by the resource agencies; for this reason, the term “potential” is used when discussing jurisdictional waters. All potential wetlands and non-wetland waters of the U.S. (WOUS) will be delineated onsite, in accordance with the following:

Wetlands Delineation Manual (Environmental Laboratory 1987) Guidelines for Jurisdictional Determinations for Waters of the United States in the Arid Southwest (USACE 2001)
Regulatory Guidance Letter No. 05-05: Ordinary High Water Mark Identification (USACE 2005)
Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (USACE 2008a)
A Field Guide to the Identification of the Ordinary High-Water Mark (OHWM) in the Arid West Region of the Western United States (USACE 2008b) Updated Datasheet for the Identification of the Ordinary High-Water Mark (OHWM) in the Arid West Region of the Western United States (USACE 2010)
Code of Federal Regulations sections that pertain to factors constituting the OHWM for non-wetland waters (“other waters”) (33 CFR 328.3 and 33 CFR 328.4)
The City of Goleta’s New Zoning Ordinance (2020)
The California Coastal Act (California Coastal Commission 2022) Potential CDFW jurisdiction will be delineated in accordance with Section 1602(a) of the California Fish and Game Code (CFGC), including streambeds to the top of the bank and associated riparian vegetation, whichever is greater.

Potential CCRWQCB jurisdiction will be consistent with the agency’s established practice, limited to the top of the physical bank or the landward dripline of riparian vegetation, whichever is broader.

The results of the jurisdictional delineation will be presented in a Jurisdictional Delineation Report (JDR) suitable for submittal as an attachment to the permit applications/notifications discussed below for this project. The JDR will include a discussion of methodologies and results that detail the background information, field observations and data collected, and a summary of findings. Using a recent high-resolution aerial photograph and topographic map of the project site, Consultant shall overlay data collected using a Global Positioning System (GPS) unit capable of sub-meter accuracy to identify data collection locations and other pertinent biological information for submittal with the report. A project location map, data observation forms, and a delineation map will also be included. 109
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 9 of 26 ends

Deliverables:

Jurisdictional Delineation Report (JDR) for USACE, CCRWQCB, and CDFW permit applications/notifications
Assumptions:

Only one field survey day will be required to conduct the formal jurisdictional delineation
One round of comments on the JDR from the city
Access and permission to enter will be provided to Consultant in writing prior to the field survey
No access issues will be encountered during any of the pedestrian surveys Task 3 -- Regulatory Permitting
Based on basic project information for this stream improvement project, the project is anticipated to require a federal Clean Water Act (CWA) Section 404 permit from the USACE and the issuance of a Water Quality Certification (WQC) from the CCRWQCB pursuant to Sections 404 and 401 of the CWA. It is assumed that the project will qualify for the USACE Nationwide Permit (NWP) Program and not require a higher level of authorization. A Streambed Alteration Agreement (SAA) from the CDFW pursuant to Section 1600 et seq. of the CFGC is also anticipated to be required. As San Jose Creek is designated steelhead trout critical habitat, a Section 7 consultation with the NMFS will be required. Due to the nature of the project (fish habitat restoration), an alternatives analysis nor mitigation plan are anticipated to be required, and therefore will not be prepared under this scope.

Consultant shall work closely with the city to quickly identify and gather the appropriate application documentation for the project and coordinate with the agencies to help ensure the permitting process is completed as quickly and efficiently as possible. Consultant shall provide the city with the completed application packages for review and comment prior to submittal to the resource agencies. The following tasks include anticipated services necessary to obtain permits/authorizations for proposed impacts to jurisdictional waters onsite.

Task 3.1 – USACE Nationwide Permit PCN Preparation
Under Section 404(e) of the CWA, the USACE can issue NWPs to authorize activities that have minimal individual and cumulative adverse environmental effects. Consultant anticipates that NWP 27 for Aquatic Habitat Restoration, Enhancement, or Establishment Activities will be applicable to the project. As part of this proposed scope of work, Consultant shall prepare a USACE Pre- Construction Notification (PCN) checklist for NWP 27 and supporting documents.

Consultant shall rely on waters data collected in Task 2 for the project to determine limits of jurisdiction. Consultant shall submit the PCN package to the city for review, 110
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 10 of 26 ends

incorporate one round of requested changes, and upon approval, submit the package to the USACE unless otherwise directed.

Deliverables:

A PCN package for NWP 27, including the PCN checklist, JDR, required maps, and project information
Assumptions:

NWP 27 will be available and applicable for the project PCN is accepted by USACE on first submittal (i.e., applications deemed complete)
Previously gathered aquatic resources data can be utilized for this project Project design plans, including GIS files denoting the limits of permanent and temporary disturbance, will be provided by the city Cultural resources review to satisfy the USACE’s Section 106 requirements will be provided under Task 4 of this scope of services, and additional review will not be required
If project design details change during the permitting process, additional Consultant effort and cost will be required
The USACE will not require an evaluation of alternatives The USACE will view the project as restoration and not require a formal mitigation plan
One round of comments on the PCN package from the city
Task 3.2 – CCRWQCB Water Quality Certification Application Preparation Section 401 of the CWA requires that any person applying for a federal permit or license, which may result in a discharge into WOUS, must obtain a WQC that certifies the activity complies with all applicable water quality standards, limitations, and restrictions. An individual WQC is anticipated to be necessary. Consultant shall request a virtual pre-application meeting with the CCRWQCB and coordinate with CCRWQCB staff to confirm certification requirements in accordance with the U.S. Environmental Protection Agency’s (EPA) Clean Water Act Section 401 Certification Rule. Consultant shall prepare a WQC application and supporting documentation, provide it to the city for review and comment, incorporate one round of requested changes, and upon approval, submit the application to the CCRWQCB unless otherwise directed. Based on the final site plans, Consultant shall calculate the anticipated CCRWQCB application fee. Based on the nature of the project, an analysis of alternatives is not anticipated to be required and therefore not included in this scope of services.

Deliverables:

Application for CWA Section 401 WQC and supporting documentation 111
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 11 of 26 ends

Assumptions:

Consultant shall request and attend one (1) virtual pre-submittal meeting with CCRWQCB staff, concurrent with USACE, and CDFW staff (not to exceed two [2] hours)
WQC application package will be accepted by CCRWQCB on first submittal (i.e., applications deemed complete)
The CCWQCB will not require an evaluation of alternatives The CCWQCB will view the project as restoration and not require a formal mitigation plan
One round of comments on the WQC application package from the city The city will be responsible for the WQC application fees and will coordinate the payment of these fees
Task 3.3 – CDFW Streambed Alteration Agreement Preparation The project is anticipated to require a SAA under Section 1600 et seq. of the CFGC. CDFW requires notification through submittal of a Notification of Lake/Streambed Alteration (Notification). Consultant shall request a virtual pre- submittal meeting with CDFW and coordinate with CDFW staff to confirm notification requirements, including the CDFW fisheries team. Consultant shall prepare the Notification and supporting documentation, provide documentation to the city for review and comment, incorporate one round of requested changes, and upon your approval, submit the application to the CDFW, unless otherwise directed. As part of the application, payment of a fee to the CDFW is required and dependent on the project cost.

Deliverables:

A CDFW SAA Notification and supporting documentation
Assumptions:

Consultant shall request and attend one (1) virtual pre-submittal meeting with CDFW staff (concurrent with USACE, and CCRWQCB staff) (not to exceed two [2] hours)
CDFW input on notification requirements, including from the fisheries team, will be provided during the pre-submittal meeting
The CDFW will view the project as restoration and not require a formal mitigation plan
Permit application is accepted by CDFW on first submittal (i.e., applications deemed complete)
Basic description of project and site conditions and potential for species to occur will be consistent with the information prepared as part of the CEQA addendum in Task 1
One round of comments on the Notification package from the city 112
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 12 of 26 ends

The city will be responsible for the Notification fees and will coordinate the payment of these fees
Task 3.4 – Permit Tracking and Agency Coordination
Once the applications are submitted, ongoing coordination with the USACE, CCRWQCB, and CDFW is needed to answer questions and help ensure that any potential issues are identified and resolved at the earliest possible opportunity.

Coordination may include telephone, email, and/or written correspondence.

Consultant shall provide up to 40 hours of support post-submittal of the applications/notifications outlined in Tasks 3.1 through 3.3. This support may include requests for additional information, responses to comments, additional meetings, or any other agency request to support the project’s interests and schedule. Should additional time be necessary in excess of the 40 hours , Consultant shall notify the city prior to exhaustion of this budget.

Deliverables:

The Consultant shall coordinate and communicate with the agencies during the permit review and approval process
Email summaries of meetings and correspondence that include verification of agency requirements or other relevant information
The Consultant shall review draft permits from the agencies and identify problematic permit conditions
The Consultant shall coordinate with the city and the agencies to assist in obtaining final permit authorizations
Task 3.5 – Preparation of CCC Coastal Development Permit (CDP) Application and Limited Post-Application Support
Consultant shall prepare a CDP application for the project for submission to the CCC. The project description completed as a part of the USACE, CCRWQCB, and CDFW applications will be used for permit application submittal, as needed. This task includes:

Pre-application submittal communications and up to one (1) remote meeting with CCC Staff (if required) concurrent with the pre-application meeting with USACE, CCRWQCB, and CDFW
Post-application submittal CCC completeness review support and response Communication and coordination in support of the CCC hearing including attendance and response to comments (if necessary)
Posting the CCC notification on site and provide documentation Submission of the self-addressed stamped envelopes required by the CCC for noticing
Limited support from City Planner (subcontractor to Consultant), Laura Bridley, to support the CDP application and processing
Assumptions:
113
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 13 of 26 ends

Includes pre-application submittal communications and up to three (3) remote meetings with CCC Staff (if required) concurrent with the pre- application meeting with USACE, CCRWQCB, and CDFW
Post-application support and responses, including completeness response letter, communication and coordination in support of the CCC hearing including attendance and response to comments (if necessary) Assumes the city will provide the owner noticing list to be included in the initial CCC submittal
Consultant shall post the CCC notification on site and provide documentation
The city will coordinate all signatures required for CCC application including required local approvals for the proposed project, such as zoning variances, use permits, etc., as noted on Local Agency Review Form, Appendix B Biological reviews as part of Tasks 1 and 2, as well as the Cultural Resources review provided in Task 4 will be sufficient for this application, and no additional reviews will be required
Does not include estimated permit fees; permit fees assumed to be paid directly by the city, if determined to be required after consultation with the CCC (refer to Appendix E page 19 of the CCC CDP application) The city will provide project plans that will be suitable for submission to the CCC and include site, grading, and erosion control plans Support from the City Planner (contractor to Consultant), Laura Brindley, will be limited to $12,500, to include effort to notice envelopes based on a list of owners within 100-feet, provided by the city
Deliverables:

CCC CDP Application Package and supporting materials (application, Project Description, biological reports, figures, etc.) Summary of on-site posting and notification
One (1) completeness response letter
Task 3.6 – Informal Section 7 Consultation Support with USFWS and NMFS The project location within San Jose Creek is designated critical habitat for steelhead trout. Additionally, the southern end of the project is within critical habitat for the tidewater goby. As such, the Consultant expect that the USACE will need to engage in Section 7 consultation with the NMFS as part of permitting, and USFWS if impacts are proposed to critical habitat for tidewater goby. Under Section 7, federal agencies (i.e., USACE) must consult with the USFWS and/or NMFS when any action the agency carries out, funds, or authorizes (such as through a permit; 404 permit) may affect a listed endangered or threatened species or designated critical habitat. This process usually begins as informal consultation.

Consultations are initiated when the USACE issues a letter to the USFWS or NMFS to request the initiation of Section 7 consultation. It is anticipated that 114
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 14 of 26 ends

USFWS and NMFS will concur that the project is “not likely to adversely affect” any listed species or designated critical habitat, and no formal consultation will be warranted.

To support the consultations with USFWS and NMFS, Consultant shall prepare a Biological Assessment (BA) in accordance with the requirements of Section 7(a)(2) of the federal Endangered Species Act (16 United States Code 1536(c)) and interagency implementing regulations at 50 Code of Federal Regulations Part 402.

Relevant literature and databases, such as the California Natural Diversity Database, the USFWS and NMFS Critical Habitat maps, prior biological technical studies performed in the project area during previously completed CEQA as well as under Task 1, project plans, aerial photographs, and topographic maps, will be examined. No additional field survey is anticipated.

The Consultant shall utilize previous general survey results (conducted under Tasks 1 and 2) to document the existing conditions of the project site and evaluate the suitability of habitat for tidewater goby and steelhead trout. The BA will describe habitat suitability and occurrence history of tidewater goby and steelhead trout within the project area. The BA will address effects to tidewater goby, steelhead trout, and their critical habitats and will include conservation measures (incorporated into the proposed action) to reduce the likelihood and magnitude of identified effects, as well as include an effects determination for the steelhead and for its critical habitat.

The Consultant shall anticipate to submit the NWP 27 PCN (Task 3.1) with the BA to the USACE, prior to the commencement of Section 7 consultation.

Deliverables:

One BA report for Section 7 consultation with USFWS for tidewater goby and its designated critical habitat, and NMFS for steelhead trout and its designated critical habitat
Assumptions:

Section 7 consultation is limited to USFWS for coordination on tidewater goby and its critical habitat and NMFS for coordination on steelhead trout and its critical habitat. If other species are identified that require consultation, additional authorization may be required.

The hydrology/water quality analysis completed in the CEQA process for the downstream Hollister Avenue Bridge Replacement Project will be provided to Consultant by the city, will be adequate for NMFS, and additional review will not be needed
A formal Section consultation will not be warranted
The USFWS may request a survey for the tidewater goby, which will be completed under Task 7
115
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 15 of 26 ends

Task 3.7 – Restoration Plan
The Consultant shall prepare a Restoration Plan to address temporary impacts to protected native trees and riparian habitat within jurisdictional waters that would result from the proposed project. The Restoration Plan will be prepared to satisfy anticipated requirements of the USACE, CDFW, and CCRWQCB requirements, which have jurisdiction over activities affecting San Jose Creek. The Restoration Plan will summarize the project description, restoration objectives, biological setting, and site selection, as well as outline the restoration approach, source of plant materials, seed storage and plant propagation, plant installation methods, performance criteria, schedule, and the long-term maintenance, monitoring, and reporting program.

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
116
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 16 of 26 ends

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
In accordance with the regulations of 36 CFR 800.16(d), 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). Consultant anticipates the direct APE will be limited to areas in which improvement activities will occur. 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, 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
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). Consultant assumes the city will manage consultations under AB 52 without our assistance. Furthermore, Consultant understands that the USACE 117
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 17 of 26 ends

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
Consultant shall contact individuals and/or organizations who may have knowledge of, or concerns with, historic properties in the area. Outreach will include inquiries to local governments and local historic groups regarding their knowledge of historic properties in the immediate vicinity of the APE. 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, Consultant shall conduct a Phase I pedestrian survey of the APE. A Consultant archaeologist will 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, Consultant assumes that no cultural resources will be identified. No artifacts, samples, or specimens be collected during the survey. Consultant assumes the survey effort will be completed by one archaeologist in a single 8-hour day, inclusive of travel time.

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
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 Preservation’s 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. 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
118
City of Goleta
Amendment No. 1 to Agreement No. 2023-025

Page 18 of 26 ends

One Cultural Resources Technical Report
Assumptions:

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 AMENDMENT 1. Task 4.7: Built Environment Evaluation
The historic-period channel of San Jose Creek will be recorded and evaluated on California Department of Parks and Recreation 523 series forms (DPR forms) as part of the cultural resources field survey to determine if it qualifies as a historical resource under CEQA or a historic property under Section 106 of the National Historic Preservation Act (NHPA). The property’s current condition, integrity and character-defining features will be noted by the archaeologist during the field survey under the original contract and scope of work and later evaluated by the architectural historian. Two maps will be prepared for inclusion in the DPR forms.

One location map and one sketch map are required. Consultant shall perform additional research, as necessary, to evaluate the structure for potential historic significance and support the effects analysis included in the Cultural Resources Technical Report. The evaluation will be summarized in the Cultural Resources Technical Report and the California Department of Parks and Recreation 523 series forms will be included as an appendix in the report.

Assumptions
No separate field survey will be conducted or required for the built environment evaluation; the survey will be combined with the archaeological resources field survey presently in the original contract and scope of work.

Deliverables
119
City of Goleta
Amendment No. 2 to Agreement No. 2023-025

Page 19 of 26 ends

A. Two maps will be prepared for inclusion in the DPR forms.

B. The evaluation will be summarized in the Cultural Resources Technical Report and the California Department of Parks and Recreation 523 series forms will be included as an appendix in the report.

AMENDMENT 1. Task 4.8: Native American Outreach
The Consultant will draft and send outreach letters to the 10 Native American contacts identified by the Native American Heritage Commission. All draft letters will go through our internal quality assurance/quality control (QA/QC) process prior to sending to the 10 Native American contacts. Two rounds of follow up calls to the 10 Native American contacts as part of a “good faith” follow up effort. Documentation of the outreach effort and responses received by Native American groups into a tracking table will be prepared.

The tracking table will include the contacts, date the letters were sent, date of follows ups and any responses/comments/concerned received. Native American outreach efforts will be summarized in the Cultural Resources Technical Report and the tracking table will be attached as an appendix to the report.

Assumptions
No field surveys will be conducted or required for cultural resources.

Deliverables
A. 10 outreach letters
B. Native American outreach efforts will be summarized in the Cultural Resources Technical Report and the tracking table will be attached as an appendix to the report.

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.

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 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 Consultant staff to attend the biweekly team calls organized by the city to provide project status and solicit feedback from the city’s project team.

This work program will be executed under the direction of Consultant Principal Regulatory Specialist Christopher Julian and Senior Biologists/Project Managers Julie Love and 120
City of Goleta
Amendment No. 2 to Agreement No. 2023-025

Page 20 of 26 ends

Elizabeth Atherton, all of whom have extensive experience overseeing similar regulatory permitting projects.

AMENDMENT 1. Task 5 - Project Management and Client Coordination The Consultant shall provide communication, coordination, and overall management of the mitigation scope of work, schedule, and budget. Because the timeframe and schedule for the project has changed substantially from a 18-month schedule with a quick turnaround in the beginning to construction now scheduled to begin in summer 2025, additional project management time has been spent on meetings with the project team and the agencies. These efforts have been conducted at the request of the City. Moving forward, the Consultant anticipates that additional time will be spent on monthly team meetings to discuss the design of the natural channel and other topics as team meetings will continue for a longer timeframe than originally scoped. To account for the 19-month extension of the scope of work and schedule, the existing project management services task and budget will be extended to through February 2026.

Assumptions
2 hours per month for 19 months for the Project Manager to attend meetings and conduct project management and other client communication. 1 hour per month for 19 months for administrative/clerical needs.

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. 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.
121
City of Goleta
Amendment No. 2 to Agreement No. 2023-025

Page 21 of 26 ends

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
The Consultant “qualified biologist” will 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) 122
City of Goleta
Amendment No. 2 to Agreement No. 2023-025

Page 22 of 26 ends

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.

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. Our cost assumes revisions would be relatively minor.

The Consultant shall review one round of consolidated comments from CDFW as well as associated revisions. Our cost assumes revisions would be relatively minor.

No additional surveys or reconnaissance site visits are necessary to complete the ITP application. The Consultant 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 assume presence of steelhead trout; intensive fish surveys are not proposed
The Consultant scope and cost do not include mitigation plans or restoration plans since the Consultant assume that no compensatory mitigation for habitat impacts will be required due to restorative nature of the project for this species and as all impacts occur in previously developed footprint of the project. If required by CDFW, the Consultant can prepare these plans 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:
123
City of Goleta
Amendment No. 2 to Agreement No. 2023-025

Page 23 of 26 ends

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
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 will notify you immediately and determine if an amendment to the work scope is necessary
No trees will be affected by the project. If rare plants are identified, additional surveys may be required that can be authorized under separate cover.

While not anticipated, the Consultant will notify you immediately if we confirm that an archaeological resource is identified within the project site during the records search or pedestrian field survey.

AMENDMENT 1. Task 9: CDFW Grant Assistance
The Consultant understands that the City of Goleta is interested in pursuing grant funding for the San Jose Creek Fish Passage project. Based on research performed by Consultant and preliminary discussions between the Consultant and the City (see Task

9.1 Grant Research), it was determined that California Department of Fish and Wildlife (CDFW) grant opportunities may be the most viable current options for the City to pursue to fund the proposed project. As discussed, the CDFW Watershed Restoration Grants Branch program is an ongoing program that is currently accepting proposal applications.

Additional grant support to be provided for the CDFW Watershed Restoration Grants Branch program (see Tasks 9.2 – 9.5) would be completed as described below.

As part of this task, the Consultant shall complete grant research (see Task 9.1) and will host a consultation meeting with CDFW staff (see Task 9.2) and provide support with the concept proposal that the City will be required to prepare for the CDFW Watershed Restoration Grants Branch program (see Task 9.3). If the concept proposal is accepted and the City would like additional grant writing support for the full application, the Consultant can provide that support as part of Task 9.4. Should CDFW deny the application and the City would like to pursue another second and separate CDFW grant, the Consultant has included a task to assist the City (see Task 9.5).

AMENDMENT 1. Task 9.1: Grant Research
The Consultant shall proceed with researching CDFW grants. The Consultant will present options as a slide deck to the City during a team meeting.

Deliverables
124
City of Goleta
Amendment No. 2 to Agreement No. 2023-025

Page 24 of 26 ends

Slide deck summarizing CDFW grant research
AMENDMENT 1. Task 9.2: CDFW Watershed Restoration Grants Branch Program Consultation Meeting
The Consultant will organize and host one meeting between CDFW staff and the City project team to review the project and discuss any opportunities for modifications to better meet the grant requirements and ultimately CDFW’s needs. It is anticipated that the meeting will last up to one hour and be conducted virtually. This scope includes time for the Consultant to coordinate with CDFW and the City to identify an optimal meeting time, host the meeting (including preparing a meeting agenda and orchestrating the conversation), and then provide a summary of meeting minutes and action items after the meeting.

Assumptions
The Consultant will orchestrate host one virtual grant consultation meeting between CDFW and the City.

Deliverables
A. Meeting agenda and meeting minutes
B. One-hour virtual meeting with CDFW
AMENDMENT 1. Task 9.3: Grant Concept Proposal Preparation and Coordination Support
The first formal step in the CDFW Watershed Restoration grant application process includes preparation of a concept proposal. The concept proposal must be submitted through the CDFW WebGrants portal and include information on geographic location, regional need, project type, readiness, threats, cost, and cost share, as well as alignment with the CDFW mission and program priorities. The Consultant shall work with the City to prepare a preliminary concept proposal for submittal by the City through the CDFW WebGrants portal. Concept proposals are generally required to be submitted by the project applicant. The Consultant anticipates that the Concept Proposal will be submitted in WebGrants by the City. For this task, the Consultant has budgeted 30 hours and anticipates that this time will be used to support the development of the concept proposal, with use of existing maps, figures, and project information. It is assumed that budget information will be provided by the City.

Assumptions
A preliminary project description will be drafted and it is anticipated that the project may evolve slightly as more information is gleaned. If there are significant changes made to the project description, additional time may be required to prepare the supplemental information.

Existing project maps and figures will be used.

Project budget information will be provided by the City. 125
City of Goleta
Amendment No. 2 to Agreement No. 2023-025

Page 25 of 26 ends

The Environmental Compliance and Permitting Questionnaire will be completed by the City or with information provided by the City to the Consultant.

Deliverables
A. Draft concept proposal for City comment
B. Final concept proposal for CDFW submittal
AMENDMENT 1. Task 9.4: CDFW Grant Preparation Support and Coordination If, upon completion of the grant concept proposal, CDFW invites the City to submit a full application, The Consultant shall provide support with the preparation and the compilation of the grant application package. Although the specific requirements for the grant are not available unless invited to apply, The Consultant anticipates that the application package would require preparation of a detailed line-item budget; robust project descriptions and connectivity to specific plans; management and reporting plans; and compilation of forms.

For this task, the Consultant has budgeted 74 hours and anticipates that this time will be used to support the development of the full proposal, including 6 hours of time for a graphic designer to prepare updated maps or figures. The application will be prepared based on information provided by the City and the Consultant will work closely throughout the process to prepare and refine the application. The Consultant will provide regular updates throughout the grant development process as time is spent in order to track and manage the hours allotted for this task. Grant proposals are generally required to be submitted by the project applicant. The Consultant anticipates that the final documents will be submitted by the City. Although letters of support are not anticipated to be required for this grant application, if they are required, the City will orchestrate collecting the required documentation.

Assumptions
The Consultant has budgeted 74 hours and anticipates that this time will be used to support the development of the full proposal, including six hours of time for a graphic designer to prepare updated maps or figures.

Although letters of support are not anticipated to be required for this grant application, if they are required, the City will orchestrate collecting the required documentation.

The City will provide project specific information, including a refined/detailed project budget.

Deliverables
A. Draft grant application package for City comment
B. Final grant application package for CDFW submittal
AMENDMENT 1. Task 9.5: Secondary CDFW Grant Preparation Support and Coordination
In the event that the above outlined grant proposal (Task 9.4) is not awarded, the Consultant has included a task to re-package the proposal materials to adhere to a 126
City of Goleta
Amendment No. 2 to Agreement No. 2023-025

Page 26 of 26 ends

second and separate CDFW grant that would be determined at that time. It is anticipated that repackaging the materials for an alternative CDFW grant will require minor updates and reconfiguration to the original grant documents prepared. If major updates or new documents are required, additional time may be required. The Consultant shall notify the City immediately upon identification of additional requirements, and any additional work beyond the 24 hours scoped for this task would be completed on a time and materials basis with City approval under a separate scope of work, in accordance with the Consultant standard fee schedule.

Assumptions
The Consultant has budgeted 24 hours and anticipates that this time will be used to repackage the proposal materials for resubmittal to another CDFW grant.

Deliverables
A. Draft grant application package for City comment
B. Final grant application package for CDFW submittal
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 24 months.

127
ATTACHMENT 8

Professional Services Agreement No. 2023-025 with Rincon Consultants, Inc.

128
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 1 of 34 ends

Project Name: SJ Ck Channel Fish Passage Modification Project

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF GOLETA
AND

RINCON COUNSULANTS, INC
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as AGREEMENT) is made and entered into this 21st day of , 2023, by and between the CITY OF GOLETA , a municipal corporation (herein referred to as "CITY"), and RINCON CONSULTANTS, INC , a California Corporation (herein referred to as "CONSULTANT").

SECTION A. RECITALS

1. The CITY has a need for professional environmental and permitting services for the San Jose Creek Channel Fish Passage Modification Project; and

3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260.

4. The City Council, on this 21st day of , 2023, approved this AGREEMENT and authorized the City Manager to execute the AGREEMENT.

SECTION B. TERMS

2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:

Professional Services shall generally include environmental and permitting as more particularly set forth in the Scope of Work, attached as Exhibit A, and incorporated herein.
129
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 2 of 34 ends

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 $197,313 (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, 2024, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5.

Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification).

All payments shall be made within 30 days after CITYs approval of the invoice.

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 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 130
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 3 of 34 ends

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.

8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY.

Chris Julian is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT.

This AGREEMENT may not be assigned or subcontracted without the City Managers prior written consent.

Subconsultants/Subcontractors:

Laura M. Bridley AICP, Laura Bridley, 805-896-2153

9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, harmless from 131
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 4 of 34 ends

all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, to CONSULTANTs contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under this AGREEMENT. (b) Defense and Indemnity of Third Party Claims/Liability.

CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSULTANTs officers, agents, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSULTANTs 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.

Insurance shall include the following (or broader) coverage:

132
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 5 of 34 ends

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:

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 insurers liability. Coverage will not be limited to CITYs vicarious liability.

c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement.

CONSULTANT agrees 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 employers liability policies) shall provide that coverage shall not be 133
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 6 of 34 ends

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 CONSULTANTs
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.

Page 7 of 34 ends

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 135
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 8 of 34 ends

progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.

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. 136
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 9 of 34 ends

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.

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.

Page 10 of 34 ends

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.

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: Chris Julian, Principal
Rincon Consultants, Inc.
209 East Victoria Street
Santa Barbara, CA 93101

138
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 11 of 34 ends

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 Steven Hongola, Vice President ATTEST

_____________________________ _____________________________ Deborah Lopez, City Clerk Lacrissa Davis, Chief Financial Officer

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Winnie Cai, Assistant City Attorney

139
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 12 of 34 ends

EXHIBIT A

SCOPE OF WORK
Task 1 CEQA
This scope of work includes preparation of an Addendum to the citys Final Initial Study-Mitigated Negative Declaration for the San Jose Creek Capacity Improvement & Fish Passage Project (Final MND; dated May 2007, with an approved addendum dated April 2008), pursuant to the CEQA. If, during the Consultantsanalysis, the Consultant shall identify any new or additional significant impacts, the Consultant shall contact the city immediately to discuss an appropriate course of action (e.g., a Subsequent MND). The following tasks are included as part of the Consultants proposed scope of work.

Task 1.1 Draft Addendum to the Final MND
The Consultant shall Draft Addendum and thus will serve as a second addendum to the original MND and include an introductory section describing the requirements of an addendum to a final MND, followed by a section that briefly describes the approved project evaluated in the 2007 Final MND and the proposed current project. The project location and limits of the approved project is shown below in Figure 1:

Figure 1 Approved Project Vicinity Map

140
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 13 of 34 ends

The Draft Addendum will also include a discussion and comparison of each environmental issue area analyzed in the 2007 Initial Study included as part of the Final MND to determine whether the current project would result in new significant environmental effects or substantially increase the severity of previously identified significant effects, or if mitigation measures would be considerably different from those in the 2007 Final MND. The Draft Addendum will rely on information and data from a desktop review, the 2007 Final MND, the 2008 Addendum, the Biological Resources Assessment (BRA) for the current project (included in Task 1.4), and the Cultural Resources Technical Report for the current project (included in Task 4) to the extent feasible. Additionally, because the current project will modify weir designs currently included in the Hollister Avenue Bridge Replacement Project, the Draft Addendum will also rely on, and incorporate by reference, the citys 2015 Final MND for Hollister Avenue Bridge Replacement Project (2015 Final MND). Pursuant to CEQA Guidelines Section 15150, where all or part of another document is incorporated by reference, the incorporated language shall be considered to be set forth in full as part of the text of the current CEQA document. Because the current project components include modifications to both the San Jose Creek Fish Passage Project (as analyzed in the 2007 Final MND and the 2008 Addendum) and the Hollister Avenue Bridge Replacement Project (as analyzed in the 2015 Final MND), the Draft Addendum will discuss the changes in potential environmental impacts related to both projects. In addition to the environmental issue areas analyzed in the 2007 Final MND, since adoption of this Final MND, the topics of Forestry Resources, Energy, Tribal Cultural Resources, Wildfire, and (within 141
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 14 of 34 ends

Transportation) Vehicle Miles Traveled were added to the Environmental Checklist Form in Appendix G of the CEQA Guidelines. Therefore, the Draft Addendum will also discuss the potential for impacts associated with Forestry Resources, Energy, Tribal Cultural Resources, Wildfire, and Vehicle Miles Traveled.

Deliverables:

A Draft Addendum in electronic format (Microsoft Word and/or PDF) for city review
Assumptions:

One round of consolidated comments on the Draft Addendum will be addressed from the city

Task 1.2 Final Addendum to the Final MND
The Consultant shall revise the Draft Addendum based on one round of consolidated comments from the city, to be provided in an electronic, editable format. The Final Addendum will be submitted in electronic format to the city.

This scope of work does not include providing documents that are accessible pursuant to the Americans with Disabilities Act (ADA) or printed copies. However, accessible documents and/or printed copies can be provided for an additional fee. Per the State CEQA Guidelines, the Addendum does not need to be circulated for public review but must be considered by the Citys decision makers.

Following a decision on the project, Consultant shall prepare a Notice of Determination (NOD) for filing by the city.

Deliverables:

The city will pay all required filing fees

Task 1.3 Meeting/Hearing Attendance
This task involves management, organization, and coordination with the city over the course of this scope of work. It also includes responding to telephone calls and emails regarding the project, monitoring the project budget and schedule, 142
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 15 of 34 ends

and other similar tasks. This task assumes meeting/hearing attendance by the Consultants Project Manager and/or CEQA Task Lead regarding the Addendum to the Final MND. If additional meeting/hearing time is requested by the city, a change order will be required.

Task 1.4 Limited Biological Resources Assessment Update The Consultant shall provide a limited update to the previously completed Biological Resources Assessment (BRA) will largely be a database review to identify and evaluate any newly listed or candidate species to evaluate the potential for them to occur in the project. The following databases may be reviewed as part of the update: the CDFW California Natural Diversity Data Base (CNDDB), USFWS Critical Habitat Portal, California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants of California, and CDFW Special Animals List. This scope of work assumes that no new species with the potential to occur will be identified. The existing regulatory setting section will be updated as needed to reflect recent regulatory changes. The analysis is not anticipated to require substantive updates, and the previously conducted Biological Resources Analysis will not be revised. Limited field data on vegetation and habitat types gathered as part of Task 2 will be included as well as figures updated with any new data and new project information.

Data from those efforts will be used to the extent feasible and expanded where needed. All trees within the project footprint with diameter-at-breast-height (DBH) of 4 inches or greater will be mapped and tree condition and level of expected impact will be documented. A tree protection zone will be mapped and displayed on a graphic of the project site. The tree protection zone will be defined as the area within the tree dripline out to approximately 5-feet from the dripline to account for the trees critical root zone. The methods and results of the tree inventory will then be incorporated into the BRA.

This scope of work does not include agency consultation.

Deliverables:

A BRA in electronic format (Microsoft Word and/or PDF) for city review Assumptions:

Assumes one round of review and response to comments from the city No agency coordination will be necessary
The limited field work included in this task will be conducted as part of Task 2 and therefore, all time and expenses for the field effort is included in Task 2
143
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 16 of 34 ends

A stand-alone arborist report will not be prepared.

The BRA will include an assessment of the potential impacts to the Sister Witness Tree, as is required. Based on conversations with the project engineer, The Consultant understands and assumes there wont be impacts to the tree as a result if the proposed project, which will result in a minimal and straightforward explanation and statement as such in the BRA. However, if the mapping and evaluation of the tree protection zones included as part of this task reveals that project activities may result in impacts to the Sister Witness Tree, additional impact assessments may be necessary and can be provided under additional authorization.

Task 2 Aquatic Resources Delineation
The Consultant shall conduct a review of potential jurisdictional waters within the project footprint, specifically San Jose Creek and any adjacent wetlands/waters, using the most current regulatory guidance and methodologies provided by the USACE, CDFW, and CCRWQCB. This review will build on and reference previous reviews completed within the project. The final determination regarding jurisdictional resources will be made by the resource agencies; for this reason, the term potential is used when discussing jurisdictional waters. All potential wetlands and non-wetland waters of the U.S. (WOUS) will be delineated onsite, in accordance with the following:

Wetlands Delineation Manual (Environmental Laboratory 1987) Guidelines for Jurisdictional Determinations for Waters of the United States in the Arid Southwest (USACE 2001)
Regulatory Guidance Letter No. 05-05: Ordinary High Water Mark Identification (USACE 2005)
Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (USACE 2008a)
A Field Guide to the Identification of the Ordinary High-Water Mark (OHWM) in the Arid West Region of the Western United States (USACE 2008b)
Updated Datasheet for the Identification of the Ordinary High-Water Mark (OHWM) in the Arid West Region of the Western United States (USACE 2010)
Code of Federal Regulations sections that pertain to factors constituting the OHWM for non-wetland waters (other waters) (33 CFR 328.3 and 33 CFR 328.4)
The City of Goletas New Zoning Ordinance (2020)
The California Coastal Act (California Coastal Commission 2022) 144
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 17 of 34 ends

Potential CDFW jurisdiction will be delineated in accordance with Section 1602(a) of the California Fish and Game Code (CFGC), including streambeds to the top of the bank and associated riparian vegetation, whichever is greater.

Potential CCRWQCB jurisdiction will be consistent with the agencys established practice, limited to the top of the physical bank or the landward dripline of riparian vegetation, whichever is broader.

The results of the jurisdictional delineation will be presented in a Jurisdictional Delineation Report (JDR) suitable for submittal as an attachment to the permit applications/notifications discussed below for this project. The JDR will include a discussion of methodologies and results that detail the background information, field observations and data collected, and a summary of findings. Using a recent high-resolution aerial photograph and topographic map of the project site, Consultant shall overlay data collected using a Global Positioning System (GPS) unit capable of sub-meter accuracy to identify data collection locations and other pertinent biological information for submittal with the report. A project location map, data observation forms, a vegetation community map, and a delineation map will also be included.

Deliverables:

Jurisdictional Delineation Report (JDR) for USACE, CCRWQCB, and CDFW permit applications/notifications
Assumptions:

Only one field survey day will be required to conduct the formal jurisdictional delineation and limited field efforts as noted in Task 1.4 One round of comments on the JDR from the city
Access and permission to enter will be provided to Consultant in writing prior to the field survey
No access issues will be encountered during any of the pedestrian surveys

Task 3 -- Regulatory Permitting
Based on basic project information for this stream improvement project, the project is anticipated to require a federal Clean Water Act (CWA) Section 404 permit from the USACE and the issuance of a Water Quality Certification (WQC) from the CCRWQCB pursuant to Sections 404 and 401 of the CWA. It is assumed that the project will qualify for the USACE Nationwide Permit (NWP) Program and not require a higher level of authorization. A Streambed Alteration Agreement (SAA) from the CDFW pursuant to Section 1600 et seq. of the CFGC is also anticipated to be required. As San Jose Creek is designated steelhead trout critical habitat, a 145
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 18 of 34 ends

Section 7 consultation with the NMFS will be required. Due to the nature of the project (fish habitat restoration), an alternatives analysis and Compensatory Mitigation Plan are not anticipated to be required, and therefore will not be prepared under this scope. The limited impacts to trees and willow habitat will likely result in agency-requested restoration, and therefore a Restoration Plan will be prepared.

The Consultant shall work closely with the city to quickly identify and gather the appropriate application documentation for the project and coordinate with the agencies to help ensure the permitting process is completed as quickly and efficiently as possible. Consultant shall provide the city with the completed application packages for review and comment prior to submittal to the resource agencies. The following tasks include anticipated services necessary to obtain permits/authorizations for proposed impacts to jurisdictional waters onsite.

Task 3.1 USACE Nationwide Permit PCN Preparation
Under Section 404(e) of the CWA, the USACE can issue NWPs to authorize activities that have minimal individual and cumulative adverse environmental effects. Consultant anticipates that NWP 27 for Aquatic Habitat Restoration, Enhancement, or Establishment Activities will be applicable to the project. As part of this proposed scope of work, Consultant shall prepare a USACE Pre- Construction Notification (PCN) checklist for NWP 27 and supporting documents.

Consultant shall rely on waters data collected in Task 2 for the project to determine limits of jurisdiction. Consultant shall submit the PCN package to the city for review, incorporate one round of requested changes, and upon approval, submit the package to the USACE unless otherwise directed.

Deliverables:

A PCN package for NWP 27, including the PCN checklist, JDR, required maps, and project information
Assumptions:

Page 19 of 34 ends

The USACE will not require an evaluation of alternatives The USACE will view the project as restoration and not require mitigation One round of comments on the PCN package from the city

Task 3.2 CCRWQCB Water Quality Certification Application Preparation Section 401 of the CWA requires that any person applying for a federal permit or license, which may result in a discharge into WOUS, must obtain a WQC that certifies the activity complies with all applicable water quality standards, limitations, and restrictions. An individual WQC is anticipated to be necessary. The Consultant shall request a virtual pre-application meeting with the CCRWQCB and coordinate with CCRWQCB staff to confirm certification requirements in accordance with the U.S. Environmental Protection Agencys (EPA) Clean Water Act Section 401 Certification Rule. The Consultant shall prepare a WQC application and supporting documentation, provide it to the city for review and comment, incorporate one round of requested changes, and upon approval, submit the application to the CCRWQCB unless otherwise directed. Based on the final site plans, Consultant shall calculate the anticipated CCRWQCB application fee. Based on the nature of the project, an analysis of alternatives is not anticipated to be required and therefore not included in this scope of services.

Deliverables:

Application for CWA Section 401 WQC and supporting documentation Assumptions:

The Consultant shall request and attend one (1) virtual pre-submittal meeting with CCRWQCB staff, concurrent with USACE, and CDFW staff (not to exceed two [2] hours)
WQC application package will be accepted by CCRWQCB on first submittal (i.e., applications deemed complete)
The CCWQCB will not require an evaluation of alternatives The CCWQCB will view the project as restoration and not require mitigation
One round of comments on the WQC application package from the city The city will be responsible for the WQC application fees and will coordinate the payment of these fees
Task 3.3 CDFW Streambed Alteration Agreement Preparation The project is anticipated to require a SAA under Section 1600 et seq. of the CFGC. CDFW requires notification through submittal of a Notification of Lake/Streambed Alteration (Notification). The Consultant shall request a virtual pre-submittal meeting with CDFW and coordinate with CDFW staff to confirm 147
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 20 of 34 ends

notification requirements, including the CDFW fisheries team. Consultant shall prepare the Notification and supporting documentation, provide documentation to the city for review and comment, incorporate one round of requested changes, and upon the Citys approval, submit the application to the CDFW, unless otherwise directed. As part of the application, payment of a fee to the CDFW is required and dependent on the project cost.

Deliverables:

A CDFW SAA Notification and supporting documentation
Assumptions:

The Consultant shall request and attend one (1) virtual pre-submittal meeting with CDFW staff (concurrent with USACE, and CCRWQCB staff) (not to exceed two [2] hours)
CDFW input on notification requirements, including from the fisheries team, will be provided during the pre-submittal meeting The CDFW will view the project as restoration and not require mitigation Permit application is accepted by CDFW on first submittal (i.e., applications deemed complete)
Basic description of project and site conditions and potential for species to occur will be consistent with the information prepared as part of the CEQA addendum in Task 1
One round of comments on the Notification package from the city The city will be responsible for the Notification fees and will coordinate the payment of these fees
Task 3.4 Permit Tracking and Agency Coordination
Once the applications are submitted, ongoing coordination with the USACE, CCRWQCB, and CDFW is needed to answer questions and help ensure that any potential issues are identified and resolved at the earliest possible opportunity.

Coordination may include telephone, email, and/or written correspondence. The Consultant shall provide up to 40 hours of support post-submittal of the applications/notifications outlined in Tasks 3.1 through 3.3. This support may include requests for additional information, responses to comments, additional meetings, or any other agency request to support the projects interests and schedule. Should additional time be necessary in excess of the 40 hours , the Consultant shall notify the city prior to exhaustion of this budget.

Deliverables:

The Consultant shall coordinate and communicate with the agencies during the permit review and approval process
148
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 21 of 34 ends

Email summaries of meetings and correspondence that include verification of agency requirements or other relevant information
The Consultant shall review draft permits from the agencies and identify problematic permit conditions
The Consultant shall coordinate with the city and the agencies to assist in obtaining final permit authorizations
Task 3.5 Preparation of CCC Coastal Development Permit (CDP) Application and Limited Post-Application Support
The Consultant shall prepare a CDP application for the project for submission to the CCC. The project description completed as a part of the USACE, CCRWQCB, and CDFW applications will be used for permit application submittal, as needed.

This task includes:

Pre-application submittal communications and up to one (1) remote meeting with CCC Staff (if required) concurrent with the pre-application meeting with USACE, CCRWQCB, and CDFW
Post-application submittal CCC completeness review support and response
Communication and coordination in support of the CCC hearing including attendance and response to comments (if necessary)
Posting the CCC notification on site and provide documentation Submission of the self-addressed stamped envelopes required by the CCC for noticing
Limited support from City Planner (subcontractor to Consultant), Laura Bridley, to support the CDP application and processing
Assumptions:

Page 22 of 34 ends

Biological reviews as part of Tasks 1 and 2, as well as the Cultural Resources review provided in Task 4 will be sufficient for this application, and no additional reviews will be required
Does not include estimated permit fees; permit fees assumed to be paid directly by the city, if determined to be required after consultation with the CCC (refer to Appendix E page 19 of the CCC CDP application) The city will provide project plans that will be suitable for submission to the CCC and include site, grading, and erosion control plans Support from the City Planner (contractor to Consultant), Laura Bridley, will be limited to $12,500, to include effort to notice envelopes based on a list of owners within 100-feet, provided by the city
Deliverables:

Task 3.6 Informal Section 7 Consultation Support with USFWS and NMFS The project location within San Jose Creek is designated critical habitat for steelhead trout. Additionally, the southern end of the project is within critical habitat for the tidewater goby. As such, the Consultant expect that the USACE will need to engage in Section 7 consultation with the NMFS as part of permitting, and USFWS if impacts are proposed to critical habitat for tidewater goby. Under Section 7, federal agencies (i.e., USACE) must consult with the USFWS and/or NMFS when any action the agency carries out, funds, or authorizes (such as through a permit; 404 permit) may affect a listed endangered or threatened species or designated critical habitat. This process usually begins as informal consultation. Consultations are initiated when the USACE issues a letter to the USFWS or NMFS to request the initiation of Section 7 consultation. It is anticipated that USFWS and NMFS will concur that the project is not likely to adversely affect any listed species or designated critical habitat, and no formal consultation will be warranted.

To support the consultations with USFWS and NMFS, the Consultant shall prepare a Biological Assessment (BA) in accordance with the requirements of Section 7(a)(2) of the federal Endangered Species Act (16 United States Code 1536(c)) and interagency implementing regulations at 50 Code of Federal Regulations Part 402. Relevant literature and databases, such as the California Natural Diversity Database, the USFWS and NMFS Critical Habitat maps, prior biological technical studies performed in the project area during previously completed CEQA as well as under Task 1, project plans, aerial photographs, and topographic maps, will be examined. No additional field survey is anticipated. 150
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 23 of 34 ends

The Consultant shall anticipate to submit the NWP 27 PCN (Task 3.1) with the BA to the USACE, prior to the commencement of Section 7 consultation.

Deliverables:

One BA report for Section 7 consultation with USFWS for tidewater goby and its designated critical habitat, and NMFS for steelhead trout and its designated critical habitat
Assumptions:

The hydrology/water quality analysis completed in the CEQA process for the downstream Hollister Avenue Bridge Replacement Project will be provided to the Consultant by the city, will be adequate for NMFS, and additional review will not be needed
A formal Section consultation will not be warranted
The USFWS may request a survey for the tidewater goby, which will be completed under Task 7

Task 3.7 Restoration Plan
The Consultant shall prepare a Restoration Plan to address temporary impacts to protected native trees and riparian habitat within jurisdictional waters that would result from the proposed project. The Restoration Plan will be prepared to satisfy anticipated requirements of the USACE, CDFW, and CCRWQCB requirements, which have jurisdiction over activities affecting San Jose Creek. The Restoration Plan will summarize the project description, restoration objectives, biological setting, and site selection, as well as outline the restoration approach, source of plant materials, seed storage and plant propagation, plant installation methods, performance criteria, schedule, and the long-term maintenance, monitoring, and reporting program.
151
City of Goleta
Public Works Department Rincon Consultants, Inc.

Page 24 of 34 ends

Goleta City CouncilDecember 3, 2024

Goleta City Council
December 3, 2024