Public Works Professional Services Amendments with UCSB, Rincon Consultants Inc., Dewberry Engineers, Inc., Mark Thomas and Company, Inc., and Authorize Budget Appropriation — Goleta City Council, May 19, 2026 (part 2 of 5)

AMENDMENT NO. 1

TO A PROFESSIONAL DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
MARK THOMAS AND COMPANY, INC.

This Amendment No. 1 to the Professional Design Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and Mark Thomas and Company, Inc. (“Consultant”) dated September 17, 2024 (“Agreement,” Agreement No. 2024-088) is made on this ____ day of ____________, 2026.

SECTION A. RECITALS

1. This Agreement is for the professional design services for the San Jose Creek Multipurpose Path Project; and

2. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $42,000; and

3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $22,620 for continued tasks; and

4. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2026; and

5. The parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2027; and

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

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

8. The City Council approved this Amendment No. 1, on this _____ day of ____________, 2026.

SECTION B. AMENDED TERMS

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

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1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $22,620 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 $64,620 (herein "not-to-exceed amount") and shall be earned as the work progresses.

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B-1,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2027, 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 June 30, 2027, 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 “Rate Schedule” with Exhibit B-1 “Schedule of Fees” attached hereto and incorporated herein.

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

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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 Zach Siviglia, President

A T T E S T :

_____________________________ ______________________________ Deborah Lopez, City Clerk Robert M. Brogan, Secretary

APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

_____________________________
Scott Shapses, Deputy City Attorney

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EXHIBIT B-1

SCHEDULE OF FEES
AGREEMENT 2024-088:

AMENDMENT 1:

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ATTACHMENT 7

Amendment No. 1-2 and Research Services Agreement 2025-024 with The Regents of the University of California, on Behalf of its Santa Barbara Campus

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Lead PI: Lisa Stratton
Award/Record Number: Award 2025-024/ Record 20251450

AMENDMENT NO. 2

This Amendment No. 2 of Research Agreement dated April 15, 2025 [Effective Date] and bearing contract number 2025-024 (the “Research Agreement”) by and between the REGENTS OF THE UNIVERSITY OF CALIFORNIA on behalf of its Santa Barbara campus (hereinafter “University”) and City of Goleta [Party Name] (hereinafter “Sponsor”) is made this ____ of _______, 2025.

WHEREAS, in the Research Agreement, Sponsor agreed to fund the research project entitled “Monarch Butterfly Habitat Management Plan;”

WHEREAS, the parties now desire to include provisions regarding the Suspension and Debarment Act, Byrd Anti-Lobbying Act, the Clean Air Act, and termination for cause/convenience and amend the agreement to include “Exhibit C” entitled Federal Contract Provisions.

NOW THEREFORE, the Agreement is hereby amended as follows:

1. Capitalized Terms. Capitalized terms not defined herein shall have the same meaning set forth in the Agreement.

2. Section 20.10 of the Research Agreement, is hereby added to include Federal Requirement Provisions as follows, “USDA financial assistance will be used to fund all or a portion of this Agreement. The University shall comply with all federal requirements including, but not limited to, the following:

1. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

2. Federal Contract Provisions attached hereto as Exhibit “C” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.

With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.” Docusign Envelope ID: 5487D8B9-7582-4BAC-911F-9D2F27AF757C 10th
2025-024.2
October
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3. Except as expressly modified herein, all other provisions of the Agreement remain in full force and effect and are hereby reaffirmed by the parties.

ACCEPTED AND AGREED:

CITY OF GOLETA THE REGENTS OF THE UNIVERSITY OF

CALIFORNIA

By: ______________________ By : ________________________

Robert Nisbet, City Manager Lisa Stratton, Ph.D Ecosystem Director, CCBER at UCSB

By: ______________________ By: ________________________

Deborah Lopez, City Clerk Corrin Terrones, Sponsored Projects Officer

APPROVED AS TO FORM:

ISSAC ROSEN, ACTING CITY ATTORNEY

By: ______________________

Scott Shapses, Deputy City Attorney

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EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this Research Agreement, the University (the “Consultant”) shall comply with all applicable federal laws and regulations of the federal contract provisions in this Exhibit. In this Exhibit, the term “Agency” shall mean the local agency entering into this contract with the Consultant.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)

A. Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

B. Affirmative steps shall include:

i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
v. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the Agency.

Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements.

2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)

A. If any indirect costs will be charged to the Agency under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R.

Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as Docusign Envelope ID: 5487D8B9-7582-4BAC-911F-9D2F27AF757C 159

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otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403.

Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Consultant.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336)

A. Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant personnel for the purpose of interview and discussion related to the books and records.

B. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)

A. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the contract is executed and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract.

Otherwise, the following termination clauses shall not be applicable to the contract.

i. Termination for Convenience. The Agency may, by written notice to Consultant, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the Agency, the Agency shall compensate Provider for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Consultant shall provide documentation deemed adequate by the Agency to show the work actually completed or materials provided by Consultant prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination.

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ii. Termination for Cause. If Consultant fails to perform pursuant to the terms of this contract, the Agency shall provide written notice to Consultant specifying the default (“Notice of Default”). If Consultant does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause. If Consultant fails to cure a default as set forth above, the Agency may, by written notice to Consultant, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Consultant shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the Agency as of the date the Agency provides the Notice of Termination. In such case, the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct Consultant’s deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees.

iii. Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Consultant performance of the work.

iv. Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Consultant shall promptly discontinue the work unless the Notice directs to the contrary.

Consultant shall deliver to the Agency and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract. Consultant acknowledges the Agency’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency’s termination of this contract.

The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed work or materials not provided and shall not be entitled to damages or compensation for termination of work or supply of materials. If Agency terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Consultant shall be entitled to receive only the amounts payable under this Section, and Consultant specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance.

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B. Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:

i. Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Consultant will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause.

ii. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.

iii. Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Consultant‘s legal duty to furnish information.

iv. Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

v. Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

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vi. Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

vii. In the event of Consultant’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance:

Provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subcontractor or Consultant as a result of such direction, Consultant may request the United States to enter into such litigation to protect the interests of the United States.

C. Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.

D. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:

Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

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ii. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

iii. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.

iv. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.

v. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.

E. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:

i. If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Docusign Envelope ID: 5487D8B9-7582-4BAC-911F-9D2F27AF757C 164

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Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Agency.

ii. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government.

This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

F. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

i. Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

ii. Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

G. Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its Docusign Envelope ID: 5487D8B9-7582-4BAC-911F-9D2F27AF757C 165

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affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

ii. Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by Agency. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

iv. Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs.

Consultant further agrees to notify the Agency in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract.

H. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the Agency the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

I. Appendix II to Part 200 (J) – Procurement of Recovered Materials:

i. Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.

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ii. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.

iii. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline- cpg-program.

5. MISCELLANEOUS PROVISIONS

A. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific USDA preapproval.

B. This is an acknowledgement that USDA financial assistance will be used to fund the contract only. The Consultant will comply with all applicable federal law, regulations, executive orders, USDA policies, procedures, and directives.

C. Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.

D. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the Agency, Consultant, any subcontractors or any other party pertaining to any matter resulting from the contract.

E. General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.

i. General and administrative expenses shall be negotiated and must conform to the Cost Principles.

ii. Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

iii. Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.

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Lead PI: Lisa Stratton
Award/Record Number:2025-024

AMENDMENT NO. 1

This Amendment No. 1 of Research Agreement dated April 15, 2025 bearing award number 2025-024 (the “Research Agreement”) by and between the The Regents of the University of California on behalf of its Santa Barbara Campus (hereinafter “University”) and City of Goleta (hereinafter “Sponsor”) is made this 3 of June, 2025.

WHEREAS, in the Research Agreement, Sponsor agreed to fund the research project entitled “Monarch Butterfly Habitat Management Plan;”

WHEREAS, the parties now desire to provide additional funding by sponsor, extend the performance period, and revise Exhibit B - Compensation;

NOW THEREFORE, the Agreement is hereby amended as follows:

1. Capitalized Terms. Capitalized terms not defined herein shall have the same meaning set forth in the Agreement.

2. In Section 3 of the Research Agreement, the phrase, “The Period of Performance and the Term of this Agreement shall be from April 1,2025 through December 31, 2025.” is hereby deleted in its entirety and replaced with the phrase, “The Period of Performance and the Term of this Agreement shall be from April 1,2025 through June 30, 2026”

3. In Section 4 of the Research Agreement, the phrase, “The cost to Sponsor for University’s performance hereunder shall not exceed $64,788.00 (Sixty-four thousand, seven hundred, and eighty eight dollars) and as described in Exhibit B.” is hereby deleted in its entirety and replaced with the phrase, ““The cost to Sponsor for University’s performance hereunder shall not exceed $244,788.00 (Two hundred and forty-four thousand, seven hundred, and eighty-eight dollars) and as described in Exhibit B.”

4. In Exhibit A of the Research Agreement is hereby deleted in its entirety and replaced with Exhibit A- 1, attached hereto and incorporated herein.

5. In Exhibit B of the Research Agreement is hereby deleted in its entirety and replaced with Exhibit B- 1, attached hereto and incorporated herein.

6. Except as expressly modified herein, all other provisions of the Agreement remain in full force and effect and are hereby reaffirmed by the parties.

ACCEPTED AND AGREED:

City of Goleta The Regents of the University of California on behalf of its Santa Barbara Campus

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168
By: ______________________ By: ________________________ Robert Nisbet, City Manager Lisa Stratton, Ph.D Ecosystem Director, CCBER at UCSB

ATTEST:

By: ______________________ By: ________________________ Deborah, Lopez, City Clerk Megan Ober, Sponsored Projects Officer

Its: ______________________ Its: ________________________

Date: ____________________ Date: _______________________

APRROVED AS TO FORM:

ISAAC ROSEN, ACTING CITY ATTORNEY

By: __________________________
Scott Shapses, Deputy City Attorney
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EXHIBIT A-1

SCOPE OF
WORK

Management of the project, communications and coordination with City of Goleta and other contractors, partners and volunteers. These include partners and contractors that will be assisting with the planting and weeding work on the project site. This task also includes review of proposed signage and mentorship of students in ecological restoration, research and monitoring of restoration projects.

Deliverables: April 15 – June 30, 2026 - Extendable
On-going: Twice weekly meetings with City of Goleta Open Space Manager and Collaborators for planning and coordination of restoration activities, monitoring and reporting.

On-going: Weekly coordination, planning and follow up with collaborators for volunteer activities, sign development, mitigation requirements .

On-going: Mentorship of UCSB students and community members in ecological restoration and supervision of student projects that could include tree monitoring, vegetation map making, invertebrate monitoring for pollinators and wetland species, acoustic monitoring for spring bird breeding.

Restoration and Management of areas recently restored within the Butterfly Grove in conformance with the goals of the Ellwood Mesa Monarch Grove Habitat and Management Plan. Specific actions include overseeing the irrigation and management of all planted trees and seedlings, invasive weed control around such planting areas and in additional areas as agreed upon with the City of Goleta, including design and implementation of additional pollinator nectaring islands, buffer plantings and riparian planting sites.

Deliverables: April 15 – June 30, 2026 - Extendable
a) Design and oversight of tree planting in support of Monarch aggregations in Ellwood West (eastern and western sites) - implementation dependent on fire crew work . b) Design and oversight of establishment of buffer plantings and nectaring islands in Ellwood West (eastern and western sites) - implementation dependent on fire crew progress . c) Oversight of all irrigation implementation and establishment in Ellwood Main, North and West for all established plantings - on-going and by June 30th, 2026. d) Oversight of weed control in Ellwood Main, West, North and Riparian areas for key habitat altering weeds: Cape Ivy, English Ivy and reduction of impact of annual weeds such as Oxalis pes -capri and annual grasses to allow natives to establish. On- going task dependent on rainfall and wood- chip availability. Cover of habitat altering weeds to be less than 10% in planted areas by June 30, 2025 and maintained there after .

Docusign Envelope ID: 659A6BA7-D199-429B-A705-D8A7ECD09FEA Docusign Envelope ID: 10E0F951-E6D2-4C5B-8CAC-44D42F804CFC 170

SME:02/02
Monitoring and Reporting
Work will include designing and implementing diverse monitoring strategies to track performance outcomes in the restored Monarch Grove. Factors that may be included include vegetation monitoring, photo monitoring, micro- climate instrumentation, breeding bird surveys using audio recording devices, pollinator visitation studies, and participation in Monarch Butterfly surveys.

Time and effort, planting records and regular qualitative monitoring of mitigation areas also included. Reporting will support annual monitoring reports and presentations and papers on the project in conjunction with the City of Goleta.

Deliverables: April 15 – June 30, 2026 - extendable

May 1: Draft monitoring data report to include tree locations (map/gis layer), size; photo monitoring of key restoration zones, Aerial extent and map of nectar and buffer plantings, number of plants by species -planted records, vegetation monitoring transects of nectar islands. Additional documentation of past work effort to include weed control data, irrigation details, erosion control activities, herbivory protection efforts. Data to include total hours of volunteer contribution to the project.

May 15, 2025: Final monitoring data integrated into report for agencies

July 1, 2025: Synthesis of additional plant, bird and pollinator monitoring studies conducted by students under mentorship by the Cheadle Center.

Docusign Envelope ID: 659A6BA7-D199-429B-A705-D8A7ECD09FEA Docusign Envelope ID: 10E0F951-E6D2-4C5B-8CAC-44D42F804CFC 171

SME:02/02
EXHIBIT B-1

COMPENSATION

FISCAL YEAR 2024-2025 BUDGET

CATEGORY BUDGET
Total Labor Budget $37,800
Total Travel Budget $2,000
Total Supplies and Expenses Budget $11,618
Total Indirect Costs $13,370
Total $64,788

FISCAL YEAR 2025-2026 BUDGET

CATEGORY BUDGET
Total Labor Budget $122,741
Total Travel Budget $10,000
Total Supplies and Expenses Budget $10,116
Total Indirect Costs $37,143
Total $180,000

Docusign Envelope ID: 659A6BA7-D199-429B-A705-D8A7ECD09FEA Docusign Envelope ID: 10E0F951-E6D2-4C5B-8CAC-44D42F804CFC 172
City of Goleta Agreement with UCSB

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RESEARCH AGREEMENT
Between

CITY OF GOLETA
And

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

UNIVERSITY OF CALIFORNIA, SANTA BARBARA

This Research Agreement (Agreement) is entered into this ________ day of _______, 20____, by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California Constitutional corporation, on behalf of its Santa Barbara campus (University), and, CITY OF GOLETA, having a principal place of business at 130 Cremona Drive, Suite B, Goleta, CA 93117 (Sponsor). The parties agree as follows.

The parties agree as follows:

1. Statement of Work

University, through its Principal Investigator(s), shall use reasonable efforts to perform the research activities set forth in the Statement of Work attached as Exhibit A, which is incorporated in full by reference. “Reasonable efforts” shall mean efforts that a reasonable person in the position of the Principal Investigator would use, consistent with standard practices in the Principal Investigator’s field of academic research. Sponsor acknowledges and agrees that University cannot guarantee the results of any of its research activities, and that minor deviations from the Statement of Work may occur to further the scientific goals of the Statement of Work.

2. Reporting

Deliverables under this agreement are described in Exhibit A and will be submitted to Sponsor in accordance with Exhibit A hereof, which is hereby incorporated in full by reference.

3. Performance Period and Term of the Agreement

The Period of Performance and the Term of this Agreement shall be from April 1, 2025 through December 31, 2025. The terms of this Agreement may be extended at no additional cost to Sponsor by amendment to this Agreement or through written approval from Sponsor’s Authorized Representative.

4. Cost to Sponsor

The cost to Sponsor for University’s performance hereunder shall not exceed $64,788.00 (Sixty-four thousand, seven hundred, and eighty eight dollars) and as described in Exhibit Docusign Envelope ID: 15008D0C-2F85-4ECF-998E-4F9156135B7B 15th
25 2025-024
April
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City of Goleta Agreement with UCSB

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B. This Agreement shall be performed on a “cost reimbursement” basis, meaning that reasonable and allowable costs incurred by University in the performance of the Statement of Work will be reimbursed to University in accordance with the terms of this Agreement.

When expenditures reach this amount, Sponsor will not be required to fund and University will not be required to perform additional work hereunder unless by mutual agreement of the parties.

Funds provided by Sponsor which are not used in a particular budget period may be used in subsequent budget periods. Additionally, the Principal Investigator may transfer funds within the budget as needed without Sponsor’s approval, as long as such transfers do not effect a change in the research described in the Statement of Work.

5. Payment
University shall submit invoices to Sponsor for reimbursement at least quarterly, but not more often than monthly. Invoices shall be submitted in University’s standard invoicing template and shall be sent to George Thomson at [email protected].

Checks shall be made payable to The Regents of the University of California and shall be sent to:

Cashier’s Office
SAASB Building, Room 1212
Santa Barbara, California 93106-2003
Reference: Dugan, 20211509

6. Principal Investigator

University’s performance hereunder will be under the direction of Lisa Stratton, who will serve as principal investigator (Principal Investigator). In the event that Principal Investigator becomes unable or unwilling to continue work under this Agreement and an alternate principal investigator is not agreeable to Sponsor, Sponsor will have the option to terminate this Agreement in accordance with Article 13. The Sponsor understands and agrees that Principal Investigator is the scientific contact for University but is not authorized to amend, modify or terminate the terms and conditions of this Agreement.

Requests to amend, modify or terminate the terms of this Agreement must be directed to the point of contact listed in Article 12 below and must comply with the notice requirements of this Agreement.

7. Rights in Data.

University will have the unrestricted right to publish, disclose, disseminate and use, in whole and in part, any data or information developed by University under this Agreement or received in the performance of this Agreement except as set forth in Article 11 (Confidentiality). Except as set forth in Article 9 (Copyright), Sponsor will have the right to publish and use any technical reports and information specified to be delivered hereunder.

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It is agreed, however, that under no circumstances will Sponsor state or imply in any publication or other published announcement that University has tested, endorsed or approved any product, service or company. Sponsor understands and agrees that such data is provided “as is” and thus, Sponsor uses such data at its own risk. University extends no warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose.

8. Supplies and Equipment
In the event that University purchases supplies or equipment hereunder, title to such supplies and equipment will vest in University.

9. Copyright
Copyright in original works of authorship, including computer software, first created and fixed in a tangible medium of expression by University in the performance of this Agreement will vest in University. At Sponsor’s request and to the extent that University has the legal right to do so, University will grant to Sponsor a license to such works on reasonable terms and conditions, including reasonable royalties, as the parties mutually agree in a separate writing.

10.Publication

University shall have the right, at its discretion, to release any information or to publish any material resulting from its performance hereunder. If requested, University will furnish Sponsor with a copy of any proposed written or oral publication (including manuscripts, abstracts, and oral presentations) at least thirty (30) days prior to submission for publication (Review Period). Upon written notification by Sponsor within the Review Period, University agrees to delete any of Sponsor’s Confidential Information that appears in the publication. If it is determined that a patent application should be filed, University will delay publishing such proposed publication for a maximum of an additional thirty (30) days in order to protect the potential patentability of any invention described therein.

11.Applicable Law

This Agreement will be governed by the laws of the State of California, United States of America, without regard to the conflict of laws provisions thereof.

12.Notice

Whenever any notice is to be given hereunder, it will be in writing and sent to the Authorized Representative for the receiving party indicated below, at following address:

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University: Megan Ober
Office of Research, 3227 Cheadle Hall
University of California
Santa Barbara, CA 93106-2050
Phone: 805-893-5712
Email: [email protected]

Sponsor: Name: George Thomson
Address: 130 Cremona Drive, Suite B, Goleta, CA 93117
Phone: 805-961-7500
Email: [email protected]

13.Termination
Either University or Sponsor may terminate this Agreement by giving sixty (60) days written notice to the other. Sponsor will pay University actual direct and indirect costs and noncancellable commitments incurred prior to the date of termination and fair close-out related costs. If the total of such costs is less than the total funds advanced, the balance will be returned to Sponsor.

14.Publicity

Neither party will use the name, trade name, trademark or other designation of the other party in connection with any products, promotion, or advertising, without the prior written permission of the other party. However, nothing in this Article is intended to restrict either party from disclosing the existence of and nature of this agreement (including the name of the other party) or from including the existence of and nature of this agreement in the routine reporting of its activities.

15.Indemnification

Sponsor shall defend, indemnify, and hold University, its public officials, officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of its performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Sponsor, its officers, agents, or employees.

University shall defend, indemnify, and hold Sponsor, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of its performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of University, its officers, agents, or employees.

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City of Goleta Agreement with UCSB

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University assumes the risks, whether foreseen or unforeseen, in connection with fulfilling the Statement of Work in Exhibit A, including but not limited to, the risks of possible injury or loss of life as a result of walking in uneven terrain, slips, trips, falls, contact with hazardous materials, wild animals, plants, or from over-exertion or environmental conditions, including but not limited to sun exposure, heat, or dehydration. University waives all claims which University might have against Sponsor and its officers, directors, agents, employees, and contractors for injury, accident, illness, property damage, death or other occurrence arising in any manner whatsoever out of University’s fulfillment of the Statement of Work, except to the extent the same is caused by Sponsor’s negligence or willful misconduct. This provision shall not affect the indemnity obligations set forth as above in Term 15.

16. Insurance
The CITY OF GOLETA recognizes and accepts that THE REGENTS OF THE UNIVERSITY OF CALIFORNIA is self-insured, and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA recognizes and accepts that the CITY OF GOLETA is insured through the California Joint Powers Insurance Authority. Either party may purchase commercial insurance to cover their exposure hereunder, in whole or in part.

For answers to questions:

City employees, please call Jennifer Jennings, City HR and Risk Manager – (805) 961- 7525
University employees, please call Katharine Hullinger, UCSB Risk Manager – (805) 893- 4169

17.Excusable Delays

University will be excused from performance hereunder if a delay is caused by inclement weather, fire, flood, strike, or other labor dispute, acts of God, acts of governmental officials or agencies, terrorism, or any other cause beyond the control of University. The excusable delay is allowed for the period of time affected by the delay. If a delay occurs, the parties will revise the performance period or other provisions hereunder as appropriate.

18.Assignment

Neither party will assign its rights or duties under this Agreement to another without the prior express written consent of the other party; provided, however, that Sponsor may assign this Agreement to a successor in ownership of all or substantially all its business assets in the field to which this Agreement relates if such successor will expressly assume in writing the obligation to perform in accordance with the terms and conditions of this Agreement. Any other purported assignment will be void.

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19.Amendments.

No agreements, modifications, or waivers to this Agreement shall be valid unless in writing and signed by the Authorized Representatives of the parties.

20.Miscellaneous.

19.1 Not a Partnership or Joint Venture. It is understood and agreed by the parties that the University is performing this contract as an independent contractor. The parties, by this Agreement, do not intend to create a partnership, principal/agent, master/servant, or joint venture relationship and nothing in this Agreement shall be construed as creating such a relationship between the parties.

19.2 Severability. If any term or provision of this Agreement shall be held to be invalid or illegal, such term or provision shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement.

19.3 Recitals & Headings. The recitals herein constitute an integral part of the Agreement reached and are to be considered as such. However, the captions and headings contained in this Agreement have been inserted for reference and convenience only and in no way define, limit, or describe the text of this Agreement or the intent of any provision.

19.4 No Waiver. Any failure or delay in enforcing an obligation or exercising a right or remedy under this Agreement shall not amount to a waiver of that obligation, right or remedy, unless the terms of this Agreement sets forth a specific time limit for the exercise thereof.

19.5 Entire Agreement. This Agreement and Exhibit A constitute the entire agreement and understanding between the parties and supersedes all previous agreements and understandings on the subject matter of this Agreement, if any.

19.6 Records and Audit. The parties shall keep such business records pursuant to this agreement as would be kept by a reasonably prudent practitioner and shall maintain such records for at least three (3) years following the termination of this Agreement. All accounting records shall be kept in accordance with generally accepted accounting principles. SPONSOR shall have the right to audit and review all such documents and records at any time during University’s regular business hours or upon reasonable notice.

In addition, if this agreement exceeds ten thousand dollars ($10,000.00), the University shall be subject to the examination and audit of the California State Auditor, at the request of the SPONSOR or as part of any audit of SPONSOR, for a period of three (3) years after final payment under the Agreement (Cal. Govt. Code Section 8546.7). The University shall participate in any State audits and reviews at no charge to SPONSOR.

19.7 Remedies. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given Docusign Envelope ID: 15008D0C-2F85-4ECF-998E-4F9156135B7B 178
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hereunder or now or hereafter existing at law or in equity or otherwise.

19.8 Counterparts. This agreement may be executed in any number of counterparts in either ink or electronic signature, and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

19.9 Authority. All signatories and parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with.

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CITY OF GOLETA The Regents of the University of California on behalf of its Santa Barbara campus

____________________________ ______________________________ Robert Nisbet, City Manager Lisa Stratton, Ph.D.,
Ecosystem Director, CCBER at UCSB

ATTEST:

_____________________________ ______________________________ Deborah Lopez, City Clerk Megan Ober,
Sponsored Projects Officer

APPROVED AS TO FORM:

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

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EXHIBIT A

SCOPE OF WORK
Management of the project, communications and coordination with City of Goleta and other contractors, partners and volunteers. These include partners and contractors that will be assisting with the planting and weeding work on the project site. This task also includes review of proposed signage and mentorship of students in ecological restoration, research and monitoring of restoration projects.

Deliverables: April 15 – July 1, 2025 – Extendable
On-going: Twice weekly meetings with City of Goleta Open Space Manager and Collaborators for planning and coordination of restoration activities, monitoring and reporting.

On-going: Weekly coordination, planning and follow up with collaborators for volunteer activities, sign development, mitigation requirements.

Deliverables: April 15 – July 1, 2025 - Extendable
a) Design and oversight of tree planting in support of Monarch aggregations in Ellwood West (eastern and western sites) – implementation dependent on fire crew work; estimated June

1. b) Design and oversight of establishment of buffer plantings and nectaring islands in Ellwood West (eastern and western sites) – implementation dependent on fire crew progress; estimated June 30th.
c) Oversight of all irrigation implementation and establishment in Ellwood Main, North and West for all established plantings – on-going and by June 30th, 2025. d) Oversight of weed control in Ellwood Main, West, North and Riparian areas for key habitat altering weeds: Cape Ivy, English Ivy and reduction of impact of annual weeds such as Oxalis pes-capri and annual grasses to allow natives to establish. On-going task dependent on rainfall and wood-chip availability. Cover of habitat altering weeds to be less than 10% in planted areas by June 30, 2025.

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Monitoring and Reporting
Work will include designing and implementing diverse monitoring strategies to track performance outcomes in the restored Monarch Grove. Factors that may be included include vegetation monitoring, photo monitoring, micro-climate instrumentation, breeding bird surveys using audio recording devices, pollinator visitation studies, and participation in Monarch Butterfly surveys. Time and effort, planting records and regular qualitative monitoring of mitigation areas also included. Reporting will support annual monitoring reports and presentations and papers on the project in conjunction with the City of Goleta.

Deliverables: April 15 – July 1, 2025 – extendable

May 1: Draft monitoring data report to include tree locations (map/gis layer), size; photo monitoring of key restoration zones, Aerial extent and map of nectar and buffer plantings, number of plants by species-planted records, vegetation monitoring transects of nectar islands. Additional documentation of past work effort to include weed control data, irrigation details, erosion control activities, herbivory protection efforts. Data to include total hours of volunteer contribution to the project.

May 15: Final monitoring data integrated into report for agencies

July 1: Synthesis of additional plant, bird and pollinator monitoring studies conducted by students under mentorship by the Cheadle Center.

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EXHIBIT B

COMPENSATION

CATEGORY BUDGET
Total Labor Budget $37,800
Total Travel Budget $2,000
Total Supplies and Expenses Budget $15,160
Total Indirect Costs $9,828
Total $64,788

Docusign Envelope ID: 15008D0C-2F85-4ECF-998E-4F9156135B7B 183
ATTACHMENT 8

Amendment No. 3-1 and Professional Services Agreement 2021-063 with Rincon Consultants, Inc.
184
City of Goleta
Amendment No. 3 to Agreement No. 2021-063

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AMENDMENT NO. 3

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.

This Amendment No. 3 to the Professional Services Agreement by and between the City of Goleta , a municipal corpor ation (“City”) and Rincon Consultants, Inc. (“Consultant”) dated June 15, 2021 (“Agreement,” Agreement No. 2021-063) is made on this ____ day of _____, 2025.

SECTION A. RECITALS

1. This Agreement is for profession al design services for a comprehensive implementation plan to manage and enhance the Ellwood Mesa Monarch Butterfly Management Plan Area; and

2. This Agreement has been amended to provide additional services, additional compensation, and new hourly rates (Amendment No. 1, and 2); and

3. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2025; and

4. The parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2027; and

5. The City Manager approved this Amendment No. 3, on this ____ day of _____, 2025.

SECTION B. AMENDED TERMS

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

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

The term of this Agreement is from the date first written above to June 30, 2027, unless the term of this Agreement is ex tended or the Agreement is terminated as provided for herein.

185
City of Goleta
Amendment No. 3 to Agreement No. 2021-063

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Project Manager. All services shall be completed within the term of this Agreement following the notice to proceed.

2. Except as otherwise specif ically 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 CONSULTANT

____________________________ __________________ ____________ Robert Nisbet, City Manager Stev e Hongola, Vice President

ATTEST:

_____________________________ _____________ _________________ Deborah Lopez, City Clerk Lacri ssa Davis, Chief Financial Officer

APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

_____________________________
Scott Shapses, Deputy City Attorney

186
City of Goleta
Amendment No. 2 to Agreement No. 2021-063

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AMENDMENT NO. 2

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTING, INC.

This Amendment No. 2 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and Rincon Consulting, Inc. (“Consultant”) dated June 15, 2023 (“Agreement,” Agreement No. 2021-063) is made on this 17th day of October, 2023.

SECTION A. RECITALS

1. This Agreement is for professional design services for a comprehensive implementation plan to manage and enhance the Ellwood Mesa Monarch Butterfly Habitat Management Plan Area; and

2. This Agreement has been amended to provide additional compensation, additional services, and new hourly rates (Amendment No. 1); and

3. The Agreement currently provides in Section 3 Subsection (a) for th e total compensation amount not to exceed $724,511; and

4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $437,881 for additional tasks; and

5. The Agreement currently provides in Exhibit A -1 entitled “Scope of Work” the complete and particular description of services; and

6. The parties desire to amend Exhibit A-1 by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-2"; and

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

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

9. City Council approved this Amendment No. 2, on this 17th day of October, 2023.

DocuSign Envelope ID: 028E04B8-2B04-4A3F-B60F-45301105542F 41 DocuSign Envelope ID: 2D1FA61E-1022-43FB-8EE7-0D5DC4E986CF 2021-063.2
187
City of Goleta
Amendment No. 2 to Agreement No. 2021-063

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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 $437,881 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 $1,162,392 (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 June 30, 2025, after which any change in said rates and expenses must be approved in writing by CITY's Project
Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.

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

Exhibit A-1 “Scope of Work” with Exhibit A-2 “Scope of Work” attached hereto and incorporated herein.

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.

DocuSign Envelope ID: 028E04B8-2B04-4A3F-B60F-45301105542F 42 DocuSign Envelope ID: 2D1FA61E-1022-43FB-8EE7-0D5DC4E986CF 188
City of Goleta
Amendment No. 2 to Agreement No. 2021-063

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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 Steven Hongola, Vice President ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Lacrissa Davis, Chief Financial Officer APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: 028E04B8-2B04-4A3F-B60F-45301105542F 43 DocuSign Envelope ID: 2D1FA61E-1022-43FB-8EE7-0D5DC4E986CF 189
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Amendment No. 2 to Agreement No. 2021-063

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EXHIBIT A-2
Scope of Work

Task 1: Tree Removals & Mitigation
 Task 1.1 Collaborate with the project team to identify replacement tree planting locations for first aggregation site, Ellwood Main.
 Task 1.2 Identify and collect data for dead eucalyptus trees to trim and remove for:
 Hazard (threating private property and/or trails) mitigation, grove -wide Implementation of the Community Wildfire Protection Program, grove-wide.  Task 1.3 Identify native plant restoration location for Ellwood Main.  Task 1.4 Utilize tree/grove imagery data collected by project team to updat e applicable tree inventory data at aggregation sites as applicable.  Task 1.5 Assess tree health and identify threats at priority aggregation sites under the MBHMP Tree Management Program as needed.

Task 1: Project Management (Amended to Include:)
 Includes attending weekly meetings with the project team, attending meetings with teaming partners and regulatory agencies, providing reports/graphics/ materials as needed, attending and provide supporting materials for public meetings and events.

Task 2: Habitat Maintenance
 Task 2.1 Identify locations where CWPP buffer treatments will be conducted and provide oversight during treatments.
 Task 2.2 Support the need for emergency tree removals (including) hazardous and fallen trees as needed.
 Task 2.3 Conduct a survey for non-native and invasive botanic species and map areas of highest need for removals of invasive species.  Task 2.4 Review the need/feasibility of irrigating specific portions of the grove.

Task 2: Maintenance Program (Amended to Include:)
 Includes preparing a 5 -Year Maintenance Plan and preparing and managing location data and maps showing maintenance activities.

Task 3: Enhancement Activities
 Task 3.1 Collaborate with the project team to understand the long-range research studies being conducted.
 Task 3.2 Collaborate with the project team to utilize weather and imagery data collected and determine approach for adaptive management of the grove.  Task 3.3 Collaborate with the project team to track ecosystem -wide tree and vegetation health using multispectral imaging.

DocuSign Envelope ID: 028E04B8-2B04-4A3F-B60F-45301105542F 44 DocuSign Envelope ID: 2D1FA61E-1022-43FB-8EE7-0D5DC4E986CF 190
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Amendment No. 2 to Agreement No. 2021-063

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Task 3: Planning, Design and Permitting (Amended to Include:)  Includes preparing reports, such as the Biological Resources Assessment Report, jurisdictional Delineation Report, and application packages for submission to regulatory agencies for review and approval.

Task 4: Restoration Activities
 Task 4.1 Identify native planting locations to occur in relationship to the Ellwood Main aggregation site.
 Task 4.2 Collaborate with project team to finalize comprehensive list of native plant species to install in restoration areas.
 Task 4.3 Collaborate with the project team and identify restoration activities to occur in the riparian corridor along Devereux Creek.
 Task 4.4 Conduct Jurisdictional Delineation (JD) at Devereux Creek an d prepare a JD report.
 Task 4.5 Prepare and submit application packages to regulatory agencies for Devereux Creek restoration activities for temporary impacts during euc removals (assumes regulated by all 3 agencies).
 Task 4.6 Identify other locations for restoration of native habitats within the grove.  Task 4.7 Support the City in engaging with regulatory agencies.  Task 4.8 Develop monitoring program for the grove in collaboration with the project team, utilizing data collected during studies.
 Task 4.9 Conduct a survey and records search of cultural resources and engage USACE for compliance with Section 106.

Task 4: Outreach and Education (Amended to Include:)
 Includes supporting the City in development of materials to present to the public, attendance at public events as needed and support of the interpretative and docent programs.

Task 5: Protection/Monitoring Measures for Monarchs and Wildlife  Task 5.1 Conduct wildlife (other than butterfly or nesting birds) surveys as needed.  Task 5.2 Review wildli fe survey data from other consultants regarding nesting birds, etc.
 Task 5.3 First Protocol monarch survey.

Task 5: Construction Project Management (Amended to Include:)  Includes oversight of contractors during construction, as well as biological and cultural surveys, monitoring and reporting prior to and during fuel reduction (vegetation management) and habitat enhancement activities.

DocuSign Envelope ID: 028E04B8-2B04-4A3F-B60F-45301105542F 45 DocuSign Envelope ID: 2D1FA61E-1022-43FB-8EE7-0D5DC4E986CF 191
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Amendment No. 2 to Agreement No. 2021-063

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Task 6: Public Access Improvements
 Task 6.1 Collaborate with the project team to develop the Interpretive Program  Task 6.2 Coordinate internally with City departments to support outreach and education with the Community Advisory and Docent Program

Task 6: Waiver de Minimis/CWPP Implementation (Amended to Include:)  Includes preparing RFPs for contractor, contractor oversight, flagging of resources as contractors prepare to remove trees, and preparing and submitting monitoring and daily logs.

Task 7: Rincon will prepare the content for the required sections of the CMP  Task 7.1 Tree Removals and Mitigation
Describe and map the following:
o Highest priority restoration sites and sequence for enhancements at aggregations sites
o Locations and extent of the aggregation sites as well as the secondary and associated area if larger area needs dead tree removals and/or trimming. o Describe means and methods for determining.
o Dead eucalyptus tree removals/trimmings.
o Eucalyptus tree planting locations.
 Task 7.2 Habitat Maintenance
o Describe means and methods for determining: CWPP buffer treatments, emergency tree removals including hazardous trees, Fallen tree removals , mapping of and removal of invasive species (not eucalyptus). o Describe approach to irrigation of portions of the grove as maintenance. o Prepare the integrated Pest Management Program Plan.
o Prepare the Waste Management Program Plan.
 Task 7.3 Enhancement
o Collaborate with the project team to describe means and methods for studying and tracking weather, canopy data, overall grove health, dead eucalyptus trees, and locations of concentrated decline in the grove. o Collaborate with the project team to describe the long -range research that will conducted to understand monarch butterflies and their preferred habitat. o Describe approach for adaptive management utilizing data collec ted by weather stations and imagery studies.
o Describe monitoring program for eucalyptus grove over wintering observations.
o Describe survey results tracking methods and use of survey data in enhancement decisions.
o Describe methods for quantitative comparisons of data, and analysis to inform enhancement and restoration activities.
 Task 7.4 Restoration
o Describe means and methods for determining:
o Native plant restoration locations
o Restoration activities to occur in the riparian corridor along Devereux Creek DocuSign Envelope ID: 028E04B8-2B04-4A3F-B60F-45301105542F 46 DocuSign Envelope ID: 2D1FA61E-1022-43FB-8EE7-0D5DC4E986CF 192
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Amendment No. 2 to Agreement No. 2021-063

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o Other locations for restoration of native habitats within the grove o Prepare section regarding the riparian nature of Devereux Creek. o Prepare the Jurisdictional Delineation Report to be included as an appendix. o Describe approach for engaging with regu latory agencies and partnering agencies.
o Prepare restoration monitoring section including goals, objectives, success o criteria and reporting.
o Prepare the Restoration Monitoring Plan to be included as an appendix.  Task 7.5 Wildlife
o Describe data management a pproach for butterfly, nesting bird and other wildlife survey findings.
o Describe approach for conducting monarch and wildlife surveys and tracking.
o Presence/absence, protocol surveys at aggregations sites and grove-wide o Describe goals of enhancement in relationship to annual monarch butterfly overwintering observations
o Describe survey results tracking methods and use of survey data i n enhancement decisions
o Describe methods for quantitative comparisons of data, and analysis to inform enhancement and restoration activities
 Task 7.6 Public Access Improvements
o Describe approach for public outreach and public education, which will be done in collaboration with the City’s Community Advisory and Docent Program.

Task 7: Restoration Planting and Monitoring (Amended to Include:)  Incudes identifying locations for native plant restoration, collaborating with the project team to identify locations for replacement eucalyptus tree plantings, biological surveys needed prior to planting, monitoring of plantings, native plant and eucalyptus tree monitoring reports.

Task 8 Project Management
 Task 8.1 Rincon will support the City in preparation of the application form and supplemental documents as needed in combination with the CMP, such as the cover letter and Additional Details Appendices if needed.  Task 8.2 In order to ascertain approvals from the City Council, Coastal Commission the and public, we will prepare needed materials, and attend publi c meetings, workshops, and hearings as needed.
 Task 8.3 Track the progress of application package once it’s submitted to the Coastal Commission, provide responses as needed and coordinate and track overlapping activities, requirements, and reporting for related and subsequent.  Task 8.4 Coordinate with the City and prepare materials to engage with and select contractors as needed.
 Task 8.5 Provide reports/data/materials as needed for City leadership and the public as needed.

DocuSign Envelope ID: 028E04B8-2B04-4A3F-B60F-45301105542F 47 DocuSign Envelope ID: 2D1FA61E-1022-43FB-8EE7-0D5DC4E986CF 193
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 Task 8.6 Provide budgets, reports, and documentation for the Conservancy’s.  Task 8.7 Attend weekly meetings, provide team coordination, and support with other activities as directed by the Open Space Manager.

Task 8: Monitoring, Research, and Adaptive Management (Amended to Include:)  Includes conducting annual monarch butterfly over -wintering surveys, and collaborating with the project team to develop adaptive management strategies for the management plan area.

DocuSign Envelope ID: 028E04B8-2B04-4A3F-B60F-45301105542F 48 DocuSign Envelope ID: 2D1FA61E-1022-43FB-8EE7-0D5DC4E986CF 194
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Amendment No. 2 to Agreement No. 2021-063

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EXHIBIT B-2
Compensation

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EXHIBIT B-2
Compensation (Cont.)

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Amendment No. 1 to Agreement No. 2021-063

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AMENDMENT NO. 1

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.

This Amendment No. 1 to the Professional Services Agreement by and between the
City of Goleta , a municipal corporation (“City”) and Rincon Consultants, Inc., (“Consultant”) dated June 15th, 2021 (“Agreement,” Agreement No. 2021-063) is made on this 16th day of August, 2022.

SECTION A. RECITALS

1. This Agreement is for professional design services for a comprehensive implementation plan to manage and enhance the Elwood Mesa Monarch Butterfly Habitat Management Plan Area; and

2. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $158,000; and

3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $566,511 for continued tasks; and

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

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

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

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

8. City Council approved this Amendment No. 1, on this 16th day of August, 2022.

Project Name: Ellwood Mesa Monarch Butterfly Habitat Management Plan Implementation 2021-063.1
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SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of 566,511 and to read in its entirety:

D
Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum
of 724,511 (herein "not-to-exceed
amount") and shall be earned as the work progresses.

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

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

Exhibit B “Compensation” with Exhibit B-1 “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.

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

Rincon Consultants, Inc.
______________________________
Steven Hongola, Vice President
______________________________
Lacrissa Davis,
Chief Financial Officer
.

CITY OF GOLETA
____________________________
Michelle Greene, City Manager
ATTEST:
___
__________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
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Exhibit A-1 Scope of Work
Rincon Consultants, Inc. for Ellwood Mesa Monarch Butterfly Grove Comprehensive Implementation Plan
CONSULTANT shall provide professional expertise to support the ongoing resource management and enhancement tasks underway by the City of Goleta. The complexity of the Ellwood Mesa Monarch Butterfly Grove requires a diverse approach to address regulatory permitting, community engagement, tree management, trail design, protection of sensitive natural resources, fuel reduction, and other issues outlined in the City’s Monarch Butterfly Habitat Management Plan. CONSULTANT provides scientific, computer modeling, and other biological expertise to assist with developing a comprehensive implementation plan that meets the goals and further defines the specific actions outlined in the Monarch Butterfly Habitat Management Plan.

Task 1: Tree Removals & Mitigation
Task 1.1 Collaborate with the project team to identify replacement tree planting locations for first aggregation site, Ellwood Main
Task 1.2 Identify and collect data for dead eucalyptus trees to trim and remove for:

Task 2: Habitat Maintenance
Task 2.1 Identify locations where CWPP buffer treatments will be conducted and provide oversight during treatments
Task 2.2 Support the need for emergency tree removals (including) hazardous and fallen trees as needed
Task 2.3 Conduct a survey for non-native and invasive botanic species and map areas of highest need for removals of invasive species
Task 2.4 Review the need/feasibility of irrigating specific portions of the grove Task 2: Maintenance Program
Includes preparing a 5-Year Maintenance Plan, and preparing and managing location data and maps showing maintenance activities.

DocuSign Envelope ID: CE19A4F3-CEDC-49C6-A4C2-1A619E03395D 200
City of Goleta
Amendment No. 1 to Agreement No. 2021-063

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Task 3: Enhancement Activities
Task 3.1 Collaborate with the project team to understand the long-range research studies being conducted
Task 3.2 Collaborate with the project team to utilize weather and imagery data collected and determine approach for adaptive management of the grove Task 3.3 Collaborate with the project team to track ecosystem-wide tree and vegetation health using multispectral imaging
Task 3: Planning, Design and Permitting
Includes preparing reports, such as the Biological Resources Assessment Report, jurisdictional Delineation Report, and application packages for submission to regulatory agencies for review and approval.

Task 4: Restoration Activities
Task 4.1 Identify native planting locations to occur in relationship to the Ellwood Main aggregation site
Task 4.2 Collaborate with project team to finalize comprehensive list of native plant species to install in restoration areas
Task 4.3 Collaborate with the project team and identify restoration activities to occur in the riparian corridor along Devereux Creek
Task 4.4 Conduct Jurisdictional Delineation (JD) at Devereux Creek and prepare a JD report
Task 4.5 Prepare and submit application packages to regulatory agencies for Devereux Creek restoration activities for temporary impacts during euc removals (assumes regulated by all 3 agencies)
Task 4.6 Identify other locations for restoration of native habitats within the grove Task 4.7 Support the City in engaging with regulatory agencies Task 4.8 Develop monitoring program for the grove in collaboration with the project team, utilizing data collected during studies
Task 4.9 Conduct a survey and records search of cultural resources and engage USACE for compliance with Section 106
Task 4: Outreach and Education
Includes supporting the City in development of materials to present to the public, attendance at public events as needed and support of the interpretative and docent programs.

Task 5: Protection/Monitoring Measures for Monarchs and Wildlife Task 5.1 Conduct wildlife (other than butterfly or nesting birds) surveys as needed
Task 5.2 Review wildlife survey data from other consultants regarding nesting birds, etc.

Task 5.3 First Protocol monarch survey
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City of Goleta
Amendment No. 1 to Agreement No. 2021-063

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Task 5: Construction Project Management
Includes oversight of contractors during construction, as well as biological and cultural surveys, monitoring and reporting prior to and during fuel reduction (vegetation management) and habitat enhancement activities.

Task 6: Public Access Improvements
Task 6.1 Collaborate with the project team to develop the Interpretive Program Task 6.2 Coordinate internally with City departments to support outreach and education with the Community Advisory and Docent Program Task 6: Waiver de Minimis/CWPP Implementation
Includes preparing RFPs for contractor, contractor oversight, flagging of resources as contractors prepare to remove trees, and preparing and submitting monitoring and daily logs.

Task 7: Rincon will prepare the content for the required sections of the CMP Task 7.1 Tree Removals and Mitigation
Describe and map:
• Highest priority restoration sites and sequence for enhancements at aggregations sites
• Locations and extent of the aggregation sites as well as the secondary and associated area if larger area needs dead tree removals and/or trimming
• Describe means and methods for determining:
• Dead eucalyptus tree removals/trimmings
• Eucalyptus tree planting locations
Task 7.2 Habitat Maintenance
Describe means and methods for determining: CWPP buffer treatments, Emergency tree removals including hazardous trees, Fallen tree removals Mapping of and removal of invasive species (not eucalyptus) Describe approach to irrigation of portions of the grove as maintenance Prepare the integrated Pest Management Program Plan
Prepare the Waste Management Program Plan
Task 7.3 Enhancement
Collaborate with the project team to describe means and methods for studying and tracking weather, canopy data, overall grove health, dead eucalyptus trees, and locations of concentrated decline in the grove
Collaborate with the project team to describe the long-range research that will conducted to understand monarch butterflies and their preferred habitat Describe approach for adaptive management utilizing data collected by weather stations and imagery studies
Describe monitoring program for eucalyptus grove
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Amendment No. 1 to Agreement No. 2021-063

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Task 7 cont.

Task 7.4 Restoration
Describe means and methods for determining:

Prepare the Jurisdictional Delineation Report to be included as an appendix Describe approach for engaging with regulatory agencies and partnering agencies
Prepare restoration monitoring section including goals, objectives, success criteria and reporting.

Prepare the Restoration Monitoring Plan to be included as an appendix Task 7.5 Wildlife
Describe data management approach for butterfly, nesting bird and other wildlife survey findings
Describe approach for conducting monarch and wildlife surveys and tracking presence/absence, protocol surveys at aggregations sites and grove-wide Describe goals of enhancement in relationship to annual monarch butterfly overwintering observations
Describe survey results tracking methods and use of survey data in enhancement decisions
Describe methods for quantitative comparisons of data, and analysis to inform enhancement and restoration activities
Task 7.6 Public Access Improvements
Describe approach for public outreach and public education, which will be done in collaboration with the City’s Community Advisory and Docent Program Task 7: Restoration Planting and Monitoring
Incudes identifying locations for native plant restoration, collaborating with the project team to identify locations for replacement eucalyptus tree plantings, biological surveys needed prior to planting, monitoring of plantings, native plant and eucalyptus tree monitoring reports.

Task 8 Project Management
Task 8.1 Rincon will support the City in preparation of the application form and supplemental documents as needed in combination with the CMP, such as the cover letter and Additional Details Appendices if needed.

Task 8.2 In order to ascertain approvals from the City Council, Coastal Commission the and public, we will prepare needed materials, and attend public meetings, workshops, and hearings as needed.

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Amendment No. 1 to Agreement No. 2021-063

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Task 8.4 Coordinate with the City and prepare materials to engage with and select contractors as needed
Task 8.5 Provide reports/data/materials as needed for City leadership and the public as needed
Task 8.6 Provide budgets, reports, and documentation for the Conservancy’s Work Programs
Task 8.7 Attend weekly meetings, provide team coordination, and support with other activities as directed by the Open Space Manager.

Task 8: Monitoring, Research, and Adaptive Management
Includes conducting annual monarch butterfly over-wintering surveys, and collaborating with the project team to develop adaptive management strategies for the management plan area.

DocuSign Envelope ID: CE19A4F3-CEDC-49C6-A4C2-1A619E03395D 204
City of Goleta
Amendment No. 1 to Agreement No. 2021-063

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Exhibit B-1
Schedule of
Fees
Rincon Consultants, Inc. for Ellwood Mesa Monarch Butterfly Grove Comprehensive Implementation Plan
2022 Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical & Support Personnel* Hourly Rate Principal II $247
Director II $247
Principal I $280
Director I $227
Senior Supervisor II $211
Supervisor I $228
Senior Professional II $212
Senior Professional I $197
Professional IV $174
Professional III $161
Professional II $145
Professional I $108
Associate III $117
Associate II $93
Associate I $84
Project Assistant $92
Senior GIS Specialist $144
GIS/CADD Specialist II $160
GIS/CADD Specialist I $115
Technical Editor $115
Production Specialist $105
Clerical $95
Direct Costs Rate
Photocopies - Black and White $0.20 (single sided) & $0.40 (double sided) Photocopies - Color $1.50 (single sided) & $3.00 (double sided) Photocopies - 11 ڠ17 $0.50 (B & W) & $3.30 (color)
Oversized Maps $8.00/square foot
Reproduction: CDs and USB Flash Drive $15 / disc and $20/flash drive DocuSign Envelope ID: CE19A4F3-CEDC-49C6-A4C2-1A619E03395D 205
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Equipment Day Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $144
Four Gas Monitor $124
Flame Ionization Detector $100
Photo Ionization Detector $75
Hand Auger Sampler $57
Water Level Indicator, DC Purge Pump $41
Natural Resources Field Equipment
UAS Drone $250
Spotting or Fiberoptic Scope $155
Pettersson Bat Ultrasound Detector/Recording Equipment $155 Sound Level Metering Field Package: anemometer, tripod and digital camera. $103 Trimble GPS $190
GPS (sub-meter accuracy) $60
Infrared Sensor Digital Camera or Computer Field Equipment $52 Scent Station $21
Laser Rangefinder/Altitude $10
Pit-fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $8 Mammal Trap, Large/Small $1.50/$.50
Water & Marine Resources Equipment
Boat (26 ft. Radon or Similar) $565
Boat (20 ft. Boston Whaler or Similar) $310
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $155 Water Quality Equipment (DO, pH, Turbidity, refractometer, temperature) $57 Refractometer (salinity) or Turbidity Meter $35
Large Block Eets $103
Minnow trap $88
Eet, Hand/Large Seine $10/$50
Field Equipment Packages
Standard Field Package (digital camera, GPS, thermometer, binoculars, tablet, safety equipment, and botanic collecting equipment) $95
Remote Field Package, (digital camera, GPS, thermometer, binoculars, tablet and mifi, Delorme Satellite Beacon, 24-Hour Safety Phone) $130
Amphibian/Vernal Pool Field Package: (digital camera, GPS, thermometer, decon chlorine, waders, float tube, hand net, field microscope) $155
Fisheries Equipment Package: (waders, wetsuits, dip nets, seine nets, bubblers, buckets) $52 Underwater & Marine Sampling Gear includes: U/W Photo/Video Camera, SCUBA Equipment (Tanks, BCD, Regulators, Wetsuits, etc.) $50/diver
Marine Field Package: (Personal Flotation Devices (PFDs),100 ft. Reel Tapes w/ Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, various Field Guides) $50 Insurance, Hazard & Safety Fees
L & H Dive Insurance $50/diver
Level C Health and Safety $60 person
DocuSign Envelope ID: CE19A4F3-CEDC-49C6-A4C2-1A619E03395D 206
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Public Works Department and Rincon Consultants, Inc.

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Project Name: Ellwood Mesa Monarch Butterfly Habitat Management Plan Implementation

AGREEMENT FOR PROFESSIONAL SERV ICES

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.

This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this 15th day of June, 2021, 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").

WHEREAS, the CITY has a need for professional design services for a comprehensive implementation plan to manage and enhance the Ellwood Mesa Monarch Butterfly Habitat Management Plan Area; and
WHEREAS, the CITY does not have the personnel able and/or available to per
form the services required under this AGREEMENT, and therefore, the CITY desires to co
ntract for professional services to accomplish this work; and WHEREAS, the CITY procured these services in compliance with Goleta Municipal C
ode Section 3.05.260 by selecting CONSULTANT from the City’s pre-authorized qual
ified consultants list for various professional services, which was compiled from a competitive Request for Proposals/Request for Qualifications (RFP/RFQ) proces s, approved by City Council on December 3, 2019; and
WHEREAS, the City Council, on this 15 th day of June 2021, approved this
AGREEMENT and authorized the City Manager to execute the AGREEMENT.

CITY and CONSULTANT agree as follows:

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 fac ilities to properly and timely perform said services.

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

Professional Services in conjunction with the Ellwood Butterfly Habitat Management Plan. Services shall generally include biological surveys, mapping, wetland delineation, wildfi re fuel assessments, and permit

DocuSign Envelope ID: E21961DD-0851-4A3B-9661-C4C9D44CADFC 2021-063
207
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preparation, 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 $158,000 (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, 2021, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.

4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to in writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing befo re 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 the compensation exhibit. 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 George Thomson, Parks and Open Space Manager. Project Manager shall have the authority to act on behalf of

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Public Works Department and Rincon Consultants, Inc.

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the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.

6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2025, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.

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. Dan Meade 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.

9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, to CONSULTANT’s contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under this AGREEMENT.

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Public Works Department and Rincon Consultants, Inc.

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(b) Defense and Indemnity of Third Party Claims/Liability. CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions concerning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto.
(c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.

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

Insurance shall include the following (or broader) coverage:

a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.

b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a 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.

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

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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 CONSUL TANT 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 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 the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.

c) Professional liability insurance polic ies 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) 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 pr ovided 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

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Public Works Department and Rincon Consultants, Inc.

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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 CONSULTA NT 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.

11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

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

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

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

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14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of th e 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.

15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.

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

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

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Public Works Department and Rincon Consultants, Inc.

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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.

20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Santa Barbara County.

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

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

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

24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.

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Public Works Department and Rincon Consultants, Inc.

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25. USE OF THE TERM “CITY”
Reference to “CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.

26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.

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

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

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

30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rema ining 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:

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Public Works Department and Rincon Consultants, Inc.

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TO CITY: Attention: Michelle Greene, 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

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.

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Public Works Department and Rincon Consultants, Inc.

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CITY OF GOLETA Rincon Consultants, Inc.
_____________________________ _____________________________ Michelle Greene, City Manager Steven Hongola, Vice President ATTEST
_____________________________ _____________________________ Deborah Lopez, City Clerk Lacrissa Davis, Chief Financial Officer APPROVED AS TO FORM:

MICHAEL JENKINS, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney

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

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Exhibit A
Scope of Work
Rincon Consultants, Inc. for Ellwood Mesa Monarch Butterfly Grove Comprehensive Implementation Plan
CONSULTANT shall provide professional expertise to support the ongoing resource management and enhancement tasks underway by the City of Goleta. The complexity of the Ellwood Mesa Monarch Butterfly Grove requires a diverse approach to address regulatory permitting, community engagement, tree management, trail design, protection of sensitive natural resources, fuel reduction, and other issues outlined in the City’s Monarch Butterfly Habitat Management Plan. CONSULTANT provides scientific, computer modeling, and other biological expertise to assist with developing a comprehensive implementation plan that meets the goals and further defines the specific actions outlined in the Monarch Butterfly Habitat Management Plan.

Hazard (threating private property and/or trails) mitigation, grove-wide Implementation of the Community Wildfire Protection Program, grove-wide Task 1.3 Identify native plant restoration location for Ellwood Main Task 1.4 Utilize tree/grove imagery data collected by project team to update applicable tree inventory data at aggregation sites as applicable Task 1.5 Assess tree health and identify threats at priority aggregation sites under the MBHMP Tree Management Program as needed
Task 2: Habitat Maintenance
Task 2.1 Identify locations where CWPP buffer treatments will be conducted and provide oversight during treatments
Task 2.2 Support the need for emergency tree removals (including) hazardous and fallen trees as needed
Task 2.3 Conduct a survey for non-native and invasive botanic species and map areas of highest need for removals of invasive species
Task 2.4 Review the need/feasibility of irrigating specific portions of the grove Task 3. Enhancement Activities
Task 3.1 Collaborate with the project team to understand the long-range research studies being conducted
Task 3.2 Collaborate with the project team to utilize weather and imagery data collected and determine approach for adaptive management of the grove Task 3.3 Collaborate with the project team to track ecosystem-wide tree and vegetation health using multispectral imaging

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Public Works Department and Rincon Consultants, Inc.

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Task 4. Restoration Activities
Task 4.1 Identify native planting locations to occur in relationship to the Ellwood Main aggregation site
Task 4.2 Collaborate with project team to finalize comprehensive list of native plant species to install in restoration areas
Task 4.3 Collaborate with the project team and identify restoration activities to occur in the riparian corridor along Devereux Creek
Task 4.4 Conduct Jurisdictional Delineation (JD) at Devereux Creek and prepare a JD report
Task 4.5 Prepare and submit application packages to regulatory agencies for Devereux Creek restoration activities for temporary impacts during euc removals (assumes regulated by all 3 agencies)
Task 4.6 Identify other locations for restoration of native habitats within the grove Task 4.7 Support the City in engaging with regulatory agencies Task 4.8 Develop monitoring program for the grove in collaboration with the project team, utilizing data collected during studies
Task 4.9 Conduct a survey and records search of cultural resources and engage USACE for compliance with Section 106
Task 5 Protection/Monitoring Measures for Monarchs and Wildlife Task 5.1 Conduct wildlife (other than butterfly or nesting birds) surveys as needed
Task 5.2 Review wildlife survey data from other consultants regarding nesting birds, etc.

Task 5.3 First Protocol monarch survey
Task 6 Public Access Improvements
Task 6.1 Collaborate with the project team to develop the Interpretive Program Task 6.2 Coordinate internally with City departments to support outreach and education with the Community Advisory and Docent Program Task 7: Rincon will prepare the content for the required sections of the CMP Task 7.1 Tree Removals and Mitigation
Describe and map:
x Highest priority restoration sites and sequence for enhancements at aggregations sites
x Locations and extent of the aggregation sites as well as the secondary and associated area if larger area needs dead tree removals and/or trimming
x Describe means and methods for determining:
x Dead eucalyptus tree removals/trimmings
x Eucalyptus tree planting locations
Task 7.2 Habitat Maintenance
Describe means and methods for determining: CWPP buffer treatments, Emergency tree removals including hazardous trees, Fallen tree removals

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

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Task 7 cont.

Mapping of and removal of invasive species (not eucalyptus) Describe approach to irrigation of portions of the grove as maintenance Prepare the integrated Pest Management Program Plan
Prepare the Waste Management Program Plan
Task 7.3 Enhancement
Collaborate with the project team to describe means and methods for studying and tracking weather, canopy data, overall grove health, dead eucalyptus trees, and locations of concentrated decline in the grove
Collaborate with the project team to describe the long-range research that will conducted to understand monarch butterflies and their preferred habitat Describe approach for adaptive management utilizing data collected by weather stations and imagery studies
Describe monitoring program for eucalyptus grove
Task 7.4 Restoration
Describe means and methods for determining:

Native plant restoration locations
Restoration activities to occur in the riparian corridor along Devereux Creek Other locations for restoration of native habitats within the grove Prepare section regarding the riparian nature of Devereux Creek. Prepare the Jurisdictional Delineation Report to be included as an appendix Describe approach for engaging with regulatory agencies and partnering agencies
Prepare restoration monitoring section including goals, objectives, success criteria and reporting. Prepare the Restoration Monitoring Plan to be included as an appendix
Task 7.5 Wildlife
Describe data management approach for butterfly, nesting bird and other wildlife survey findings
Describe approach for conducting monarch and wildlife surveys and tracking presence/absence, protocol surveys at aggregations sites and grove-wide Describe goals of enhancement in relationship to annual monarch butterfly overwintering observations
Describe survey results tracking methods and use of survey data in enhancement decisions
Describe methods for quantitative comparisons of data, and analysis to inform enhancement and restoration activities
Task 7.6 Public Access Improvements
Describe approach for public outreach and public education, which will be done in collaboration with the City’s Community Advisory and Docent Program Task 8 Project Management
Task 8.1 Rincon will support the City in preparation of the application form and supplemental documents as needed in combination with the CMP, such as the cover letter and Additional Details Appendices if needed.

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Public Works Department and Rincon Consultants, Inc.

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Task 8.2 In order to ascertain approvals from the City Council, Coastal Commission the and public, we will prepare needed materials, and attend public meetings, workshops, and hearings as needed.

Task 8.3 Track the progress of application package once it’s submitted to the Coastal Commission, provide responses as needed and coordinate and track overlapping activities, requirements, and reporting for related and subsequent CDPs
Task 8.4 Coordinate with the City and prepare materials to engage with and select contractors as needed
Task 8.5 Provide reports/data/materials as needed for City leadership and the public as needed
Task 8.6 Provide budgets, reports, and documentation for the Conservancy’s Work Programs
Task 8.7 Attend weekly meetings, provide team coordination, and support with other activities as directed by the Open Space Manager.

DocuSign Envelope ID: E21961DD-0851-4A3B-9661-C4C9D44CADFC 221
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DocuSign Envelope ID: E21961DD-0851-4A3B-9661-C4C9D44CADFC 222
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DocuSign Envelope ID: E21961DD-0851-4A3B-9661-C4C9D44CADFC 223
ATTACHMENT 9

Amendment No. 1-5 and Professional Services Agreement 2022-001 with Rincon Consultants, Inc.

224

City of Goleta
Amendment No. 5 to Agreement No. 2022-001

Page 1 of 3 ends

AMENDMENT NO. 5

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.

This Amendment No. 5 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“ City”) and Rincon Consultants, Inc. (“Consultant”) dated January 3, 20 22 (“Agreement,” Agreement No. 2022-001) is made on this ____ day of ___________, 2025.

SECTION A. RECITALS

1. T his Agreement is for professional On- Call Arborist Services to support the Parks and Open Space Division; and

2. This Agreement has been amended to provide for additional compensation for continued tasks, extend the termination date, include federal contract provisions, and provide additional compensation (Amendment No. 1, 2, 3, and 4); and

3. T he Agreement currently provides in Section 8 entitled “Personal Services /No Assignment/Subcontractor the key member of Consultant’s firm and that the agreement may not be assigned or subcontracted without the City Manager’s written consent; and

4. T he parties desire to amend Section 8 of the Agreement to identify the new key member of Consultant’s firm and list subcontractors; and

5. T he City Manager approved this Amendment No. 5, on this _____ day of __________, 2025.

Docusign Envelope ID: 69000E69-AF4D-40B8-B098-5250BA079871 October
October8th
8th
2022-001.5
225

City of Goleta
Amendment No. 5 to Agreement No. 2022-001

Page 2 of 3 ends

SECTION B. AMENDED TERMS

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

1. Section 8. PERSONAL SERVICES / NO ASSIGNMENT/ SUBCONTRACTOR of the Agreement is amended to read in its entirety:

This AGREEMENT is for professional services which are personal to CITY. Susan Dewar, Certified Arborist, 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 , except with respect to the following contractors:
• Monarch Environmental
o Evin Lambert, Director of Arboriculture

CONSULTANT shall require all subcontractors to secure insurance in accordance with S ection 10, and provide to CITY all certificates and endorsements to CITY’s satisfaction before a subcontractor provides any services.

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

Docusign Envelope ID: 69000E69-AF4D-40B8-B098-5250BA079871 226

City of Goleta
Amendment No. 5 to Agreement No. 2022-001

Page 3 of 3 ends

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 Lacrissa Davis, CFO

ATTEST:

_____________________________ ______________________________ Deborah Lopez, City Clerk Steven J. Hongola, Vice President

APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

_____________________________
Scott Shapses, Deputy City Attorney
Docusign Envelope ID: 69000E69-AF4D-40B8-B098-5250BA079871 227

Page 1 ends

City of Goleta
Amendment No. 4 to Agreement No.2022-001
AME
NDMENT NO. 4

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND RINCON CONSULTANTS, INC.

Th
is Amendment No. 4 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“ City”) and Rincon Consultants Inc. (“Consultant”) dated January 3, 2022 (“Agreement,” Agreement No. 2022-001) is made on this 20th day of August 2024.

SECTION A. RECITALS

1. This Agreement is for professional On-Call Arborist services to support the Parks and Open Space Division; and

2. Thi
s Agreement has been amended to provide for additional compensation for continued tasks, extend the termination date, and include Federal Contract Provisions (Amendments No. 1, 2, and 3); and

3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $237,000; and

4. The par
ties desire to amend the Agreement so as to provide for additional compensation in the amount of $150,000 for continued tasks; and

5. The Agr
eement currently provides in Exhibit B entitled “Schedule of Fees” the hourly rates; and

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

7. City
Council approved this Amendment No. 4, on this
20th day of August 2024.

Docusign Envelope ID: 32E663E5-EE15-44EF-9158-236EDAAF942D 2022-001.4
228

Page 2 ends

City of Goleta
Amendment No. 4 to Agreement No.2022-001
SE
CTION B. AMENDED TERMS
Now
therefore City and Consultant agree that the Agreement be, and hereby is, amended as follows:

1. Su bsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $150,000 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to C
ONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $387,000 (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 -1,"
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. This Agreement is amended to delete and replace in its entirety:

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

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

Docusign Envelope ID: 32E663E5-EE15-44EF-9158-236EDAAF942D 229

Page 3 ends

City of Goleta
Amendment No. 4 to Agreement No.2022-001

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 Lacrissa Davis, CFO

ATTEST:

_____________________________ ______________________________ Deborah Lopez, City Clerk Steven J. Hongola, Vice President

APPROVED AS TO FORM:

ISAAC ROSEN, ACTING CITY ATTORNEY

_____________________________
Scott Shapses, Deputy City Attorney

Docusign Envelope ID: 32E663E5-EE15-44EF-9158-236EDAAF942D 230

Page 4 ends

City of Goleta
Amendment No. 4 to Agreement No.2022-001

EXHIBIT B-1

SCHEDULE OF FEES

Docusign Envelope ID: 32E663E5-EE15-44EF-9158-236EDAAF942D 231

Page 5 ends

City of Goleta
Amendment No. 4 to Agreement No.2022-001

Docusign Envelope ID: 32E663E5-EE15-44EF-9158-236EDAAF942D 232
City of Goleta
Amendment No. 3 to Agreement No. 2022-001

Page 1 of 2 ends

AMENDMENT NO. 3

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.

This Amendment No. 3 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“ City”), and Rincon Consultants, Inc. (“Consultant”) dated January 3rd, 2022 (“Agreement,” Agreement No. 2022-001) is made on this ____ day of ______, 2024.

SECTION A. RECITALS

1. T his Agreement is for the on- call City Arborist services for Parks and Open Spaces; and

2. This Agreement was amended on November 1
st, 2022, to provide additional
compensation in the amount of $62,001 for a not -to-exceed amount of $107,000, for continued on- call City Arborist services for Parks and Open Spaces (Amendment No. 1); and this Agreement was amended on June 20 th, 2023 to provide additional compensation in the amount of $130,000 for a not - to-exceed amount of $237,000 for continued City Arborist services for Parks and Open Spaces (Amendment No. 2); and

3. T he Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2024; and

4. T he parties desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2026; and

5. T he City Manager approved this Amendment No. 3, 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:

2. Section 6. TERM, PROGRESS AND COMPLETION of the Agreement is amended to extend the term for an additional two (2) years 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.

DocuSign Envelope ID: 2D74532F-5636-4C6E-ABD9-1795EB062B19 26 June
2022-001.3
26 June
Docusign Envelope ID: 1FB80EFF-BF02-4E67-B7D6-2D5494B86F6E 233
City of Goleta
Amendment No. 3 to Agreement No. 2022-001

Page 2 of 2 ends

3. 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. 3 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

_____________________________
Scott Shapses, Deputy City Attorney

DocuSign Envelope ID: 2D74532F-5636-4C6E-ABD9-1795EB062B19 Chris Julian
, Principal
On behalf of Lacrissa Davis,
Chief Financial Officer
Docusign Envelope ID: 1FB80EFF-BF02-4E67-B7D6-2D5494B86F6E 234
City of Goleta
Amendment No. 2 to Agreement No. 2022-001

Page 1 of 15 ends

AMENDMENT NO. 2

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.

This Amendment No. 2 to the Professional Services Agreement by and between the CITY OF GOLETA, a municipal corporation (“City”), and RINCON CONSULTANTS (“Consultant”) dated January 3rd, 2022 (“Agreement,” Agreement No. 2022-001) is made on this 20th day of June, 2023.

SECTION A. RECITALS

1. This Agreement is for the On Call City Arborist Services for Parks and Open Spaces; and

2. This Agreement was amended on November 1 st, 2022, to provide additional compensation in the amount of sixty-two thousand and one dollars ($62,001) for a not to exceed amount of $107,000, for continued On Call Arborist Services for Parks and Open Spaces (Amendment No. 1); and

3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $ 107,000; and

4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $130,000 for continued tasks; and

5. The Agreement did not include provisions regarding the Suspension and Debarment Act, Byrd Anti-Lobbying Act, the Clean Air Act, and termination for cause/convenience and the parties desire to add these; and

6. The parties desire to amend the Agreement to include Exhibit “C” entitled, Federal Contract Provisions; and

7. City Council approved this Amendment No. 2, on this 20th day of June, 2023.

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

10 DocuSign Envelope ID: 9F64655F-6E3F-47C9-AD5E-BFDC5019A29A 2022-001.2
235
City of Goleta
Amendment No. 2 to Agreement No. 2022-001

Page 2 of 15 ends

1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $130,000 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 $237,000 (herein "not-to-exceed amount") and shall be earned as the work progresses.

2. Section 5. FEDERAL REQUIREMENTS of the Agreement is added to include Federal Requirement Provisions as follows:

FEMA financial assistance will be used to fund all or a portion of this contract. The consultant shall comply with all federal requirements including, but not limited to, the following:

1. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

2. Federal Contract Provisions attached hereto as Exhibit “C” and incorporated herein by reference.

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

11 DocuSign Envelope ID: 9F64655F-6E3F-47C9-AD5E-BFDC5019A29A 236
City of Goleta
Amendment No. 2 to Agreement No. 2022-001

Page 3 of 15 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.

MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney

12 DocuSign Envelope ID: 9F64655F-6E3F-47C9-AD5E-BFDC5019A29A 237
City of Goleta
Amendment No. 2 to Agreement No. 2022-001

Page 4 of 15 ends

EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this contract , RINCON CONSULTANTS, INC. (the “Consultant”) shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. In this Exhibit, the term “Agency” shall mean the local agency entering into this contract with the Consultant.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)

B. Affirmative steps shall include:

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the Agency.

2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)

A. If any indirect costs will be charged to the Agency under this contract, such costs must conform to the cost principles set forth under the Uniform Rules

13 DocuSign Envelope ID: 9F64655F-6E3F-47C9-AD5E-BFDC5019A29A 238
City of Goleta
Amendment No. 2 to Agreement No. 2022-001

Page 5 of 15 ends

at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Consultant.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) A. Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant personnel for the purpose of interview and discussion related to the books and records.

B. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
A. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the contract is executed and does not provide for administrative, contractual, or

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legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract.

If Consultant fails to cure a default as set forth above, the Agency may, by written notice to Consultant, terminate this contract for cause, in whole or in part, and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Consultant shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the Agency as of the date the Agency provides the Notice of Termination. In such case, the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct Consultant’s deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees.

iii. Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold

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compensation for defective work or other damages caused by Consultant performance of the work.
iv. Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Consultant shall promptly discontinue the work unless the Notice directs to the contrary. Consultant shall deliver to the Agency and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract.

Consultant acknowledges the Agency’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency’s termination of this contract. The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed work or materials not provided and shall not be entitled to damages or compensation for termination of work or supply of materials. If Agency terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Consultant shall be entitled to receive only the amounts payable under this Section, and Consultant specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance.

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i. Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Consultant will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause.
ii. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.
iii. Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Consultant‘s legal duty to furnish information.
iv. Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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v. Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

vi. Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

viii. Consultant will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or Consultant. Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Consultant becomes involved in, or is threatened with, litigation with a subcontractor or Consultant as a result of such direction, Consultant may request the United States to enter into such litigation to protect the interests of the United States.

C. Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.

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D. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:

i. If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

ii. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

iii. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime

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wages required by the clause set forth in paragraph (ii) of this section.
iv. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
v. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.

E. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:
i. If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Agency.
ii. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any

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assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

iii. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”

G. Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the

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government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
ii. Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon by Agency. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
iv. Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs.

Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the Agency in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract.

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certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

I. Appendix II to Part 200 (J) – Procurement of Recovered Materials:

ii. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price.

iii. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

5. MISCELLANEOUS PROVISIONS

A. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.

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B. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

C. Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.

E. General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.

i. General and administrative expenses shall be negotiated and must conform to the Cost Principles.

ii. Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant’s investment, the amount of
subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

iii. Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.

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Project Name: On Call Arborist Services

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.

This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ________ day of ______, 2021, 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. T he CITY has a need for professional On-Call Arborist services to support the Parks and Open Space Division; and

2. T he CITY does not have the personnel able and/or available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and

3. T he CITY procured these services in compliance with the Goleta Municipal Code Section 3.05.260 by selecting CONSULTANT from the City’s pre-authorized qualified consultants list for various professional services, which was complied from a competitive Request for Proposals/Request for Qualifications (RFP/RFQ) process, approved by City Council on December 3, 2019.

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

SECTION B. TERMS

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

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

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Professional On-Call Arborist services to support the Parks and Open Space Division shall generally include on-call support services 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. T he total compensation payable t o CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $ 44,999 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2024, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 ( CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager , as described in Section 5.

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

All payments shall be made within 30 days after CITY’s approval of the invoice.

4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT.

Unless CITY and 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

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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 George Thomson, Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.

6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2024, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager. All services shall be completed within terms of this agreement.

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.

Greg Ainsworth, M.C.R.P., Certified Arborist, is deemed to be spec ially 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.

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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 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 CIT Y, 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.

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

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Insurance shall include the following (or broader) coverage:

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.

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:

Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 200 4, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.

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.

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d) Liability coverage shall be primary and non- contributing with any insurance maintained by CITY.

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.

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, DocuSign Envelope ID: 26BB2A99-0545-43B0-81A5-91D2BB45007B 257
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unemployment insurance, and any other employer obligations associated with the described work.

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.

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 t o audit, examine and/or reproduce such DocuSign Envelope ID: 26BB2A99-0545-43B0-81A5-91D2BB45007B 258
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records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.

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

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

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.

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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.

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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.

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:

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

CITY OF GOLETA CONSULTANT

_____________________________ __________________________ Michelle Greene, 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

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EXHIBIT A

SCOPE OF WORK

Task 1
Tree Permit Application Support – Support the City with reviewing and processing tree permit applications for permission to trim, remove or plant trees on public land, including parkways, including construction projects that may impact City trees.

Included will be evaluations of trees and review of tree reports for compliance with the City’s tree protection ordinance. Rincon will receive general direction from staff and provide recommendations on best practices in the industry for maintaining trees located within public land and City right -of-way. A Certified Arborist will be available to coordinate and communicate with applicants on an as-needed basis.

Task 2
Tree-Related Emergencies – Respond to emergency requests on an on-call basis for tree removal and pruning of potentially hazardous trees, including tree’s that present an imminent threat to people or property.

Task 3
Conduct Tree Inspections – Conduct landscaping and tree inspections prior to commencement of work and during evaluation period, observation and overseeing of work in progress, and final inspection of completed work for various types of projects as needed.

Task 4
Tree Inventories, Evaluations and Hazard Assessments – Rincon will coordinate with the City’s Parks and Open Space Manager on inventorying and evaluating trees. An International Society of Arboriculture Qualified Tree R isk Assessor (TRAQ) will conduct as-needed evaluations of trees located within public land, City parks (e.g., Evergreen Park), parkways, and right -of-way, including those that present a hazardous condition to people or property. Data will be collected on the whole tree, including identification of species, trunk diameter, height, canopy spread, physical condition, and health evaluation. Recommendations will be provided on procedures to trim branches, secure trees, or whole tree removal to minimize tree-related hazards. Data will be collected using Collector, Survey 123, ArborPro, or equivalent. Tree locations will be geo-referenced and collected using a Global Poisoning System (GPS) with sub-meter accuracy. Data will be provided in Excel spreadsheet, including ArcGIS shapefiles for cataloging all tree inventories. Data collected on all tree inventories, evaluations and hazard assessments will be documented for future reference and planning (e.g., City Urban Forest Management Plan).

Task 5
Prepare Tree Inspection Reports and Review Applicant Submitted Reports – Prepare tree reports and other tree related documents and analyses for City DocuSign Envelope ID: 26BB2A99-0545-43B0-81A5-91D2BB45007B 263
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projects, such as parks and City maintained right -of way. Review and make recommendations as to the adequacy of tree reports by outside consultants for City projects, and their compliance with City ordinances, policies and guidelines.

Task 6
Review Construction Plans – review design and construction plants for City projects to ensure protection of City trees; prepare project conditions and measures to protect City trees.

Task 7
As-Needed Consultation and Meeting Support – Provide as-needed consultation to the City on all subjects concerning City trees, including as-needed support with the City's Public Tree Advisory Commission (PTAC). Rincon’s Director of Urban Forestry and Arborist Services (Lead Arborist), Greg Ainsworth, will be available to support City staff in pre- project scoping meetings, construction- related meetings, Planning Commission meetings, City Council meetings, public hearings, PTAC meetings, and other meetings where arborist support is requested. Rincon’s Lead Arborist will be available to attend virtual meetings, share files/plans as needed, and lead discussions.

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EXHIBIT B

SCHEDULE OF FEES
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ATTACHMENT 10

Amendment No. 1-11 and Professional Services Agreement 2012-090 with Dewberry Engineers, Inc.

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AMENDMENT NO. 11

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND
DEWBERRY ENGINEERS, INC.

This Amendment No. 11 to the Professional Services Agreement by and between the City of Goleta , a municipal corporation (“City”) and Dewberry Engineers, Inc. (Consultant”) dated August 7, 2012 (“Agreement,” Agreement No. 2012-090) is made on this
WK day of -DQXDU\, 202.

SECTION A. RECITALS
This Agreement is for the professional design engineering, permitting, and right of way services in conjunction with the Ekwill Street and Fowler Road Extensions Project; and
This Agreement has been amended to provide additional design, environmental and permitting, right of way and design support during construction services, provide for additional compensation, and extend the term of the agreement (Amendment No. 1-10); and
The Agreement currently provides in Exhibit B-9 entitled “Schedule of Fees” the hourly rates; and
The parties desire to amend Exhibit B-9 of the Agreement to identify the new hourly rates, attached as “Exhibit B-10”; and
The City Manager approved this Amendment No. 11, on this

WK day of -DQXDU\, 202.

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

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

Exhibit B-9 “Schedule of Fees” with Exhibit B-10 “Schedule of Fees” attached hereto and incorporated herein.

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

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In concurrence and witness whereof , this Amendment No. 11 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Dennis Haglan, Senior Vice President ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Jose Silva, Vice President
APPROVED AS TO FORM:

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

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Exhibit B-10
Schedule of Fees

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AMENDMENT NO. 10

TO A PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF GOLETA
AND

DEWBERRY ENGINEERING

This Amendment No. 10 to the Professional Design Services Agreement by and between the City of Goleta, a municipal corporation (“City”) and Dewberry Engineering, a New York Corporation (“Consultant”) dated August 7, 2012 (“Agreement,” Agreement No. 2012-090) is made on this 7th day of November 2023.

SECTION A. RECITALS

1. This Agreement is for the professional design engineering, permitting, and right of way services in conjunction with the Ekwill Street and Fowler Road Extensions Project; and

2. This Agreement has been amended to provide additional design, environmental and permitting, right of way and design support during construction services, provide for additional compensation, and extend the term of the agreement; and

3. The Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $5,843,767; and

4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of $628,819 for additional tasks; and

5. The Agreement currently provides in Exhibit A-9 entitled “Scope of Work” the complete and particular description of services; and

6. The parties desire to amend Exhibit A- 9 by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit A-10; and

7. The Agreement currently provides in Exhibit B-8 entitled “Schedule of Fees“ the hourly rates; and

8. The parties desire to amend Exhibit B-8 of the Agreement to identify the new hourly rates, attached as “Exhibit B-9”; and

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9. The City Council approved this Amendment No. 10, on this 7th day of November 2023.

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 $628,819 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 $6,472,586 (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-9," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2027, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT

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

Exhibit A-9 “Scope of Work ” with Exhibit A-10 “Scope of Work” attached hereto and incorporated herein.

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

Exhibit B-8 “Schedule of Fees” with Exhibit B-9 “Schedule of Fees” attached hereto and incorporated herein.

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

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In concurrence and witness whereof , this Amendment No. 10 has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

____________________________ ______________________________ Robert Nisbet, City Manager Dennis Haglan
Senior Vice President

A T T E S T :

_____________________________ ______________________________ Deborah Lopez, City Clerk Matt Satow
Vice President

APPROVED AS TO FORM:

MEGAN GARIBALDI, CITY ATTORNEY

_____________________________
Scott Shapses, Deputy City Attorney

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Exhibit A-10
Scope of Work
Dewberry Engineering
9002 – Ekwill Street and Fowler Road Extensions Project

TASK 1: MANAGEMENT

1.1 PROJECT MANAGEMENT

1.1.1 Consultant shall communicate regularly with City staff using telephone, fax, email, written correspondence, and face-to-face meetings as required throughout the term of the contract. Consultant shall prepare draft letters requesting right of entry into private parcels for surveys, geotechnical investigations and right of way purposes. These draft letters can be used by the City to cut and paste onto City letterhead for transmittal by the City to the affected property owners.

1.1.2 Consultant shall schedule, chair, and prepare meeting agendas and notes for Project Development Team (PDT) meetings. The agendas are to be submitted to the City for review prior to the meeting. The notes will be distributed to all attendees, everyone who was invited, and the City’s Project Manager within five (5) working days after the meeting. The notes will include, but not be limited to, a list of attendees with phone numbers and email, a synopsis of discussion items, any pertinent information, decisions made, action items, and follow-up to action items. Up to 4 PDT meetings are anticipated for this task.

1.1.3 Consultant shall attend and present information, as required, at meetings with the City’s Project Team, with stakeholder groups, or before the City Council.

1.1.4 Consultant shall monitor the quality of all deliverables, calculations, and other work products. Consultant shall follow our internal quality control procedures, including a documented peer review and constructability review.

1.1.5 Consultant shall develop and maintain a project schedule and shall provide the City with a monthly updated schedule that will be incorporated into the City’s overall project schedule. The overall project schedule shall be maintained by the City.

1.2 RESEARCH RECORD INFORMATION. Consultant shall research existing record drawings, maps, and supplement with field surveying, as necessary, to determine existing conditions. Consultant shall provide a Report of Project Items based on the findings of this research and investigation of record information. The report, at a minimum, shall include, but not be limited to, the following:

The report shall itemize the results of all research and investigation including cataloging the sources of information.

Identify locations of potential conflicts or constraints that may impact the design of the project.

Identify conflicts of potholed underground utilities and overhead improvements.

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Identify right-of-way, easement, and environmental constraints.

1.3 AMENDMENT 3 SCOPE. PROJECT TIME EXTENSIONS AND RESULTING PROJECT MANAGEMENT TIME. The existing scope is modified to include the additional project management time required for the oversight and day-to-day management of the project team. The additional work is primarily due to an extended project delivery schedule of over one year.

1.4 AMENDMENT 4 SCOPE. PROJECT TIME EXTENSIONS AND RESULTING PROJECT MANAGEMENT TIME. The existing scope is modified to include the additional project management time required for the oversight and day-to-day management of the project team.

1.5 AMENDMENT
5 SCOPE. PROJECT TIME EXTENSIONS AND RESULTING PROJECT MANAGEMENT TIME. The existing scope is modified to include the additional project management time required for the oversight and day-to-day management of the project team for an additional year in time. This increase in time is the consequence of the required revisions to the Fowler Road scope and related modification to permitting.

1.6 AMENDMENT 6 SCOPE. P ROJECT TIME EXTENSIONS AND RESULTING PROJECT MANAGEMENT TIME. The existing scope is modified to include the additional project management time required for oversight and day-to-day management of the project team for an additional 18 months. This extension is a consequence of the additional work related to environmental mitigation, permit application review periods and right of way negotiation duration.

1.7 AMENDMENT 7 SCOPE. P ROJECT TIME EXTENSIONS AND RESULTING PROJECT MANAGEMENT TIME. The existing scope is modified to include the additional project management time required for oversight and day-to-day management of the project team for an additional 6 months. This extension is a consequence of the additional work related to design, environmental mitigation and right of way.

1.8 AMENDMENT 8 SCOPE. PROJECT TIME EXTENSIONS AND RESULTING PROJECT MANAGEMENT TIME. The existing scope is modified to include the additional project management time required for oversight and day-to-day management of the project team for an additional 10-12 months. This extension is a consequence of the additional work related to design, environmental mitigation and permitting, environmental pre-construction surveys, utility coordination, and right of way.

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1.9 AMENDMENT 9 SCOPE. PROJECT TIME EXTENSIONS AND RESULTING PROJECT MANAGEMENT TIME. The existing scope is modified to include the additional project management time required for oversight and day-to-day management of the project team for an additional 10-12 months. This extension is a consequence of the additional work related to design, environmental mitigation and permitting, environmental pre-construction surveys, utility coordination, and right of way.

LIST OF DELIVERABLES:

Prepare Monthly progress reports with action item log and schedule update Prepare Meeting Agendas and Notes for meetings held at City office Bi-weekly PDT Phone Conference Attendance

1.10 AMENDMENT 10 SCOPE. PROJECT MANAGEMENT TIME. The existing scope is modified to include the additional project management time required for oversight and day-to-day management of the project team to respond to CITY review comments and to finalize the bid package for construction.

LIST OF DELIVERABLES:

Prepare Monthly progress reports.

TASK 2: SURVEYING

2.1 FIELD SURVEYS AND TOPOGRAPHIC MAPPING . Consultant shall review the existing topographic mapping, boundary, right of way and easement mapping, and to fill in with additional surveyed data as necessary to complete the base map for design. The following work items shall be included:

2.1.1 Recover survey control from previous project work and establish new project survey network.

2.1.2 Review of preliminary title reports (approximately 18) as provided in Task 12.2.

Review previous boundary and easement mapping for additions and changes since the previous mapping was completed.

2.1.3 Conduct research and field surveys as necessary to expand the boundary and right of way retracements as needed.

2.1.4 Amend existing boundary, right of way and existing easement mapping.

2.1.5 Conduct field surveys as necessary to expand or fill in the existing ground-based topographic mapping to accommodate the roadway design.

2.1.6 Prepare new base map for design.

2.1.7 Locate geotechnical borings on base map.

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2.1.8 AMENDMENT 8 SCOPE. Field Surveys and Topographic Mapping Since the project was initiated over 10 years ago and there has been a fair amount of private and public work implemented in the work area since that time consequently, project control used in the development of the project may have been destroyed. Additional survey and control by MNS are required and needs to be confirmed or reset prior to construction
LIST OF DELIVERABLES:

Re-establish and reset project control at the site

2.2 AMENDMENT 3 SCOPE. The additional work for topographic mapping is the largest component of additional survey work. This includes a substantial increase in the areas to be mapped as compared to the original areas contemplated.

Additional work is needed on Kellogg and Dearborn Avenues, Ward Drive, Highway 217, and additional effort to map storm drain and sewer manholes including coordination with Goleta Sanitation District for opening locked manholes and damaged manholes. Survey buildings and trees and add to the expanded base map. Additional surface area is needed on the Fowler Street alignment for more detailed mapping. Detailed mapping of buildings, door widths, hardscape, paving, striping, and drainage features is required along the Ekwill Street alignment. Detailed tree location mapping is needed in the Pine Avenue area as well as staking to show the limits of anticipated construction. This work includes field and office time to provide updated base maps for all three locations (Ekwill, Fowler and Hollister).

Surveys for off-site biological remediation are needed. This work involves the coordination with environmental consultant and mapping of a potential off-site remediation area in the vicinity of Aero Camino and Hollister Ave.

Surveys for tree inventory are necessary. This work involves coordinating with the environmental consultant and processing tree locations and preparing tree inventory exhibits.

TASK 3: MATERIALS AND FOUNDATIONS REPORTS

3.1 GEOTECHNICAL STUDIES AND REPORTS . Consultant shall prepare a Materials and Foundations Report to support the design of the pavement structural sections, retaining walls and creek crossing structures (pre-cast arch culverts with natural bottom).

Report submittals shall be prepared in a format that is compatible with Caltrans design guidelines and reporting requirements for roadways and structures. A single Geotechnical Report that addresses geotechnical issues outside Caltrans right of way shall be prepared. A separate standalone Foundation Report shall be prepared for the retaining wall along the southbound off ramp for Caltrans review.

A location map showing proposed boring locations will be prepared, and the boring locations shall be marked in the field and underground service alert will be contacted.

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Proposed boring locations shall be checked against utility maps prior to marking in the field. Consultant shall obtain a permit from the City and Caltrans for field work that will be performed in the roadway.

The field exploration (borings) will be performed to obtain subsurface information for design of the roadway foundations. A tentative schedule for the field exploration program is summarized below:

Location Field Exploration Purpose
General Roadway 10 Borings to 10 feet R-value samples,
pavement design and
culverts
Old San Jose Creek
Bridges at Fowler
Road and Ekwill
Street
2 borings to 75 feet
2 CPT Soundings to
75 feet
Liquefaction, settlement,
and foundation analyses
for bridge foundations
SB Off ramp
Retaining Wall
2 borings to 75 feet
+5 CPT Soundings to
75 feet
Liquefaction, settlement,
and foundation analyses
for retaining wall
foundations and back
slope area
The borings shall be drilled using a truck-mounted drill ri g equipped with hollow stem augers. Borings will be sampled at approximately 5-foot intervals using standard penetration test (SPT) split spoon and modified California split spoon samplers. The borings shall be backfilled with the cuttings upon on the completion of drilling. Traffic control will be provided during for the field exploration work.

The field work shall include observation of existing drainage and concrete structures for obvious signs of corrosion, and near-surface soil samples will be obtained from proposed drainage improvement areas for corrosion testing in accordance with Caltrans test methods.

The geotechnical report specifically excludes the search for and evaluation of hazardous materials in soil, water, or air, including aerially deposited lead outside of Caltrans’ right of way. In the event that hazardous materials are encountered during field exploration, Consultant shall promptly report the contamination to the City. Investigation for aerially deposited lead within the Caltrans right of way is described in Task 5.2.

Laboratory tests shall be performed on selected samples obtained from the field exploration program to assist in the characterization of the geotechnical engineering properties of the materials encountered. Tests shall be performed for soil classification, compaction, shear strength, consolidation, corrosion, and R-value.

Consultant shall prepare two draft reports for the project: a Geotechnical Report for the design of improvements on Ekwill and Fowler, and one for the retaining walls at the Hollister interchange for specific revi ew by Caltrans. The draft reports will be submitted in Adobe portable document file (pdf) format for review by the City, Caltrans, and the design team. Hard copies of the draft report will be provided, if requested.

Graphics showing the site location, locations of field explorations, and interpreted

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subsurface profile along the alignment(s) shall be submitted with the report. Field and laboratory data obtained from the geotechnical studies will be included in the reports.

The reports shall contain professional opinions and recommendations regarding for the following:

Slope inclinations for the design of cut and embankment slopes.

Cuts and excavations associated with earthwork for the roadway approaches.

Embankments including suitability of excavated materials for use as fill, moisture control, erosion control and drainage considerations, expansive soils, estimated settlement and special treatments to reduce settlement, if needed.

Corrosion considerations for culverts and buried concrete structures (cement factors, pipe thickness, and need for coatings).

Earthwork factors for onsite materials that are excavated and replaced as compacted fill.

Structural sections for asphalt concrete pavements-based traffic indices provided to us.

Site geology, faulting, and seismicity.

Seismic design criteria for use with Caltrans design methods.

Corrosion considerations for design of subsurface structures (minimum cement factors estimated in accordance with Caltrans guidelines).

Suitable foundation types for the conditions encountered (such as spread footings, driven concrete, or steel piles, CISS, or CIDH piles).

Specified tip elevation, settlement, and size for suitable deep foundation types and class of pile loading considered (up to 2 pile types can be considered).

Lateral capacity of single pile foundations for free-head and fixed-head conditions based on p-y analysis.

Pile spacing and group reduction factors for vertical and lateral loads.

Lateral earth pressures, spring constants, and passive pressure resistance for abutment design.

Special considerations for approach fill settlements: allowable slope inclinations, waiting periods, and need for monitoring; and Construction considerations: need for dewatering, pile driving, CIDH pile construction, adjacent structures, temporary excavations, and shoring.

Consultant shall prepare the log of test borings sheets for the retaining wall at the Hollister/217 interchange. The sheets shall be prepared on Caltrans standard plan sheets for log of test borings. A copy of the LOTB shall be submitted with the draft Geotechnical Report.

Upon receipt of written comments, the comments will be addressed and incorporated into the final Geotechnical Report and Log of Test Borings. Four (4) hard copies and one Adobe portable document file (pdf) copy of the final report shall be submitted.

3.2 AMENDMENT 3 SCOPE. Additional work and cost are required for the acquisition of permits for exploratory drilling. Also, the cost of drilling is affected by having to reschedule work around the local business access needs.

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Additional work is needed to provide recommendations and reporting for a soil nail wall along the 217 southbound off ramp. This wall is needed to support mainline SR 217 along the off-ramp to improve the roundabout approach geometry at the base of the off- ramp. The original scope of services assumed this would be a conventional gravity type wall, but the wall type was changed to soil nail after a value analysis of the original concept. Design of a soil nailed wall requires more extensive evaluations and analyses.

The geotechnical engineering includes input regarding nail size, length, and spacing for different wall height ranges.

Summary of subsurface soil and groundwater conditions along the proposed soil nailed wall alignment.

Evaluation of geological hazards consisting of faulting and ground rupture potential, strong ground shaking and peak horizontal ground acceleration for liquefaction potential, seismic settlement, and a qualitative evaluation of lateral spreading hazards.

Development of an ARS curve in accordance with Caltrans seismic design criteria.

Development of up to 4 subsurface cross sections considered representative of changing wall heights and/or subsurface conditions.

Evaluations of those representative cross sections with soil nailed reinforcement to achieve static and seismic slope stability.

Recommendations for soil nail size, lengths and spacing required to support the vertical wall.

Coordination with the design team to develop construction plans and details for the soil nailed wall.

Discussion of corrosion potential and construction considerations; and Preparation of submittals with structure design calculation supporting the recommendations and independent design check calculations in accordance with Caltrans procedures.

Preparation of a standalone Draft and Final Geotechnical Design Report for the proposed soil nailed wall at the southbound off-ramp of SR 217 at Hollister Avenue.

3.3 AMENDMENT 9 SCOPE - RESPONSE TO CALTRANS COMMENTS This task includes responding to late comments received from Caltrans on the Soil Nail wall from the Caltrans geotechnical functional unit. The task includes an updated Geotechnical Report.

LIST OF DELIVERABLES
Draft and Final Geotechnical Report (Fowler-Ekwill)
Draft and Final Foundation Report (SB Off Ramp Retaining Wall) Four (4) Log of Test Borings Sheets
Geotechnical design report for design of a soil nail wall in accordance with Caltrans guidelines

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TASK 4: DRAINAGE REPORT
Consultant shall provide drainage analysis and overall drainage coordination for the project. This task involves understanding the hydrology and hydraulics of the area as well as local drainage issues.

4.1 DRAINAGE REPORT . Consultant shall prepare a report addressing the hydrology, hydraulic and drainage impacts of the project. Calculations and sketches of existing and proposed hydraulic structures shall be included in the report. The fact that the project crosses several different jurisdictions makes the development and completion of the drainage report more complicated than typical. Consultant shall provide a drainage report acceptable to the oversight agencies. There may be 4 different agencies providing oversight and/or approval of the document and plans, including:

City of Goleta: City of Goleta storm water management plan and storm water pollution prevention guidelines will be used to develop the analysis and report.

City of Santa Barbara: Portions of the work along Fairview Avenue and the Fowler Road roundabout are within City of Santa Barbara purview and require using City of Santa Barbara storm water management program standards and methodology. Storm water issues in these areas will need to be permitted through the City of Santa Barbara.

County of Santa Barbara: Small portions of the Fowler Road roundabout and the northbound SR217 off ramp at Hollister Avenue may impact County of Santa Barbara jurisdiction. If this is indeed the case, storm water issues in these areas may need to be addressed in accordance with the County of Santa Barbara storm water management program.

Caltrans: The SR217 off/on ramps at Ho llister Avenue are also under Caltrans jurisdiction. Caltrans standards and methodology will be used for this area.

Likewise, these local agencies will also requ ire that storm water quantity and quality project components be permitted through their departments under their plans/programs.

4.1.1 AMENDMENT 9 SCOPE DRAINAGE REPORT
This work includes additional MNA and storm water work requested by Caltrans and includes an updated Drainage Report for Hollister Avenue

4.2 STORM WATER QUALITY. Storm water quality is a major component of any project that disturbs over one (1) acre of land. Water pollution elimination requirements and water quality expectations are continually evolving and becoming stringent with the review and approval processes becoming more rigorous. This is more complicated for this project due to varying and sometimes overlapping jurisdiction in regard to storm water quality.

For this task, Consultant shall focus on three results:

Design Recommendations & Review: Consultant shall provide drainage recommendations to the roadway engineers and will review the drainage plans

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for compatibility and conformance to the drainage report a nd the drainage needs.

Permitting: Consultant shall prepare storm water permit applications and shepherd them through the various local agency processes.

Water Pollution Control Plans: Consultant shall prepare water pollution control plan and specifications for contract documentation plan set.

4.2.1 AMENDMENT 9 SCOPE STORM WATER QUALITY
This work includes revisions to the stormwater retention calculations for the CITY to account for removal of stormwater retention facilities within Caltrans jurisdiction on Hollister Avenue.

4.3 AMENDMENT 4 SCOPE. STORM WATER QUALITY . The California Regional Water Quality Control Board has adopted new regulations for post-construction storm water treatment that were not assumed in the original scope of work. This additional effort is necessary to redesign the entire project to ensure the project retains and treats runoff prior to flowing into the receiving bodies of water (San Jose Creek, Old San Jose Creek or San Pedro Creek).

4.4 AMENDMENT 8 SCOPE. Additional Drainage and Stormwater Work This work includes the addition extensive coordination and design changes between Caltrans and the Regional Water Quality Control Board which will require revisions to the Roadway Drainage Report, Storm Water Data Report, and Post-Construction Requirement (PCR) calculations and exhibits for the Water Quality Certification application.

LIST OF DELIVERABLES
Meeting minutes
Revised PS&E updates
Updated Roadway Drainage Report
Updated Storm Water Data Report
Updated PCR Calculations for Water Quality Certification application

4.5 AMENDMENT 10 SCOPE. STORM DRAIN SYSTEM MODIFICATIONS Revise storm drain systems per City comments, including clarifications and details that should have been included in the final submittal (prior to the pre-advertisement submittal), revising the drainage sheets, and adding utility crossings to the drainage profiles.

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TASK 5: AERIAL DEPOPSITED LEAD STUDY

5.1 AERIALLY DEPOSITED LEAD TESTING . This task provides for testing for aerially deposited lead within Caltrans right of way. Geocon shall perform the sampling and testing under the direction of consultant. Geocon shall perform the following tasks:

Prepare Health and Safety Plan.

Prepare a workplan for Caltrans approval.

Field Activities:
o Advance up to 24 hand-auger borings at proposed ramp modification location
o Collect four soil samples per boring at depths of 0, 0.5, 1, and 2 ft (total 96 samples)
Laboratory Analyses:
o 80 soil samples for Total Lead
o 16 soil samples for CAM17 Metals
o Up to 45 soil samples for Soluble (WET, DI-WET, or TCLP) Lead

LIST OF DELIVERABLES
Draft Site Investigation Report
Final Site Investigation Report

TASK 6: PERMITTING

6.1 PERMITTING SUPPORT. Under the direction of Consultant, URS Corporation (URS) shall provide the work required to support the permit application process. The following scope of work describes the technical approach and methodology and lists deliverables.

Permitting-related tasks shall begin as soon as possible in 2012 to support a 2014 construction start date. The permitting scope of services is written according to the permits required. The first four permits are as follows:

PERMIT 1 COE SECTION 404 PERMIT
PERMIT 2 SECTION 7 CONSULTATION (FHWA)
PERMIT 3 CCRWQCB SECTION 401 CERTIFICATION PERMIT
PERMIT 4 CDFG SECTION 1602 PERMIT
These four permits and approvals are addressed together since the content of the permit applications is substantially similar, and each application requests that copies of the others be included as attachments. Identical submittal packages (on CD) containing the permit applications and all required attachments for submittal to all three agencies shall be prepared and submitted to the City. Section 7 consultation, which is required to obtain the Section 404 Permit, is also addressed in this section.

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The following authorizations are required due to the project’s proposed impacts to jurisdictional waters and streambeds and are briefly described here:

PERMIT 1 AND PERMIT 2
SECTION 404 PERMIT. Authorization under Section 404 of the Clean Water Act (CWA) is required for activities involving a discharge of fill material into Waters of the U.S. and is administered by the COE. Because the project’s impact to waters is minimal, streamlined authorization under Nationwide Permit (NWP) 14, which authorizes discharges for linear transportation projects, will be appropriate.

PERMIT 3
SECTION 401 WATER QUALITY CERTIFICATION . Section 401 of the CWA requires that an applicant for a federal permit to discharge fill material into Waters of the U.S. (such as a CWA Section 404 permit) must also obtain a state-issued certification that the discharge would not violate state water quality standards. In the project region, Section 401 Water Quality Certifications are issued by the Central Coast RWQCB.

PERMIT 4
CALIFORNIA FISH AND GAME CODE SECTION 1602 -- STREAMBED ALTERATION AGREEMENT .

Under Section 1600 et seq. of the California Fish and Game Code, activities that would divert, obstruct, or substantially alter a streambed must be authorized through a Streambed Alteration Agreement from the CDFG. Permit applications to the COE, CCRQCB, and CDFG shall include (on CD) the project’s Mitigation Plan, Final EIR, the Natural Environment Study (NES) and the NES Addendum, the Federal Highway Administration’s (FWHA’s) Section 7 consultation letter, and documentation that Section 106 consultation has been completed.

TASKS FOR PERMITS 1-4

6.1.1 PRE-APPLICATION MEETINGS AND SITE VISITS. The URS environmental project manager and environmental task leads shall attend a pre-application meeting/site visit at the City of Goleta with the COE and CDFG.

6.1.2 PREPARE COMPENSATORY MITIGATION PLAN . A Compensatory Mitigation Plan is required to accompany all Section 404 permit applications. To reduce redundancy and simplify the implementation phase of the project, URS shall integrate the Compensatory Mitigation Plan into the biological mitigation plan required by EIR Mitigation Measure NA-

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6.1.21 AMENDMENT 9 SCOPE - PERMITTING AND ENVIRONMENTAL COMPLAINCE.

The Consultant will continue coordination with the growing of native plant stock. Native plant stock is required for the restoration installation phase, which is a Construction Phase task that is not part of this proposed scope of work. Consultant has contracted with a nursery that has agreed to grow the native plants for the Project and requires a 40% deposit so that they may begin propagation. The remaining 60% will be due upon delivery and will be included as part of the City’s general Construction Contractor’s scope.

6.1.22 AMENDMENT 10 SCOPE - PREPARE SWPPP
Prepare a Storm Water Pollution Prevention Plan (SWPPP) for the project. This is considered an initial SWPPP to obtain a Waste Discharge Identification (WDID) Number for the City. Since the City of Goleta is the legally responsible local agency, the City will add the Dewberry representative to SMARTS. The SWPPP includes applicable appendices.

LIST OF DELIVERABLES
Draft and Final SWPPP

6.1.3 PROVIDE DOCUMENTATION THAT CALTRANS HAS COMPLETED NATIONAL HISTORIC PRESERVATION ACT SECTION 106 CONSULTATION. The COE 404 permit application will include documentation that Caltrans has completed Section 106 consultation with the California Office of Historic Preservation (OHP) in accordance with the January 1, 2004, Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal- Aid Highway Program in California.

URS shall provide the COE with Caltrans and OHP correspondence to demonstrate that no further Section 106 consultation by the COE will be necessary. This correspondence will consist of the November 23, 2009, letter from Caltrans to the OHP and the April 19, 2010, letter from the OHP to Caltrans.

6.1.4 RESPONSES TO AGENCY COMMENTS . The COE, CDFG and/or the CCRWQCB may comment on the permit applications. For example, they may want to refine or modify measures in the project’s Mitigation Plan. Under the direction of CONSULTANT, URS shall review all comments, coordinate with the City and CONSULTANT, and provide responses as directed.

6.1.5 AMENDMENT 4 SCOPE. P ERMITS 1 THROUGH 4. Additional effort related to Permits 1 through 4 includes:

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Potential changes to the Devereux Creek Restoration Plan as a result of butterfly habitat and habitat restoration beneath eucalyptus tree canopy.

Potential changes in impact mitigation ratios. Currently the mitigation ratios are at 3:1 for permanent impacts and 2:1 for temporary. If these ratios are increased through permit conditions, a new or supplemental restoration site will be required to be designed.

The path to obtaining Coastal Commission and Local CDP Permits will ultimately require a substantial amount of support activities to the City LIST OF DELIVERABLES, PERMITS 1-4
URS shall prepare a single submittal package containing the following major deliverables:

Mitigation Plan incorporating the Compensatory Mitigation Plan Completed Nationwide Section 404 Permit Checklist
Completed Section 401 Water Q uality Certification Application Completed Notification of St reambed Alteration Agreement Responses to agency comments, including revisions to the Mitigation Plan PERMIT 5 CALIFORNIA COASTAL COMMISSION (CCC) COASTAL

DEVELOPMENT PERMIT (CDP)

6.1.5 PRE-APPLICATION MEETING WITH CCC. The City may informally consult with CCC staff as early as possible and meet face-to-face with CCC’s Ventura office staff. All communication with the CCC shall be through the City unless CONSULTANT is specifically directed by the City to cont act the CCC. The City will inform CONSULTANT as to the discussions and comments from the CCC that affect the permit application.

6.1.6 ATTEND A SITE VISIT WITH CCC STAFF AND PROJECT BIOLOGISTS . The team lead biologist(s) shall attend a meeting with the City and CCC staff to present the adequacy of proposed mitigation measures, including mitigation ratios. The team biologist shall note feedback on impacts and mitigation measures, identify outstanding concerns and recommendations, and verify what the City wants to include in the CDP application.

Consultant shall provide the City with the NES and Addendum, including the most current color set of relevant maps and figures, for transmittal to the CCC staff.

6.1.7 PREPARE A STAND-ALONE SUMMARY OF KEY CCC ISSUES OF CONCERN FOR INCLUSION IN THE CDP APPLICATION PACKAGE . The summary shall address issues brought up by CCC staff during the pre-application meeting and site visit. This summary will provide CCC staff with a summary version of the EIR and technical studies in order to accelerate the staff’s understanding of the project and its impacts and mitigation measures. The summary shall include a simple table identifying where more detailed information can be found in the

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EIR and technical studies. The summary shall be delivered to the City for transmittal to the CCC.

6.1.8 PROVIDE TECHNICAL INPUTS TO SECTIONS OF THE CDP APPLICATION . The package shall include the EIR and key technical studies. Consultant shall provide technical inputs that relate to environmental issues with the CDP application.

6.1.9 PROVIDE TECHNICAL RESPONSES TO CCC STAFF COMMENTS ON THE CDP APPLICATION .

The CCC shall provide a formal written respon se to the City’s CDP application within 30 days indicating if the application is deemed complete. If deemed complete this task will not be needed. If it is not deemed complete, the CCC shall request additional information.

Consultant shall review the CCC completeness letter and provide the City with additional technical information, if needed. Consultant shall review CCC comments, outline responses, and identify responsible parties to address each comment. It is assumed that the City shall handle the direct communication and coordination with the CCC for the CDP.

6.1.10 REVIEW CCC STAFF REPORT AND ATTEND THE CCC PUBLIC HEARING . Once the application is deemed complete, CCC staff sha ll complete its analysis and issue a staff report. The staff report either would recommend conditions of approval or recommend project denial. Consultant shall review the staff report for inaccuracies or conditions of approval that may be problematic.

6.1.11 AMENDMENT 3 SCOPE. The scope of the work related to securing the CCC Permit has expanded enormously due to the requirements of the California Coastal Commission application review process. This scope has expanded well beyond the original scope and includes alig nment studies that in turn have an effect on other tasks.

Three firms are impacted by the permitting process: DHA, MNS and URS. The scope has expanded in the following ways:

Participation in multiple planning and strategy meetings and conference calls with the City and others.

Development of a new regulatory-based approach to assessing impacts to support the statement that the Project would not have an effect on coastal wetlands (By URS).

Technical inputs towards City submissions to the CCC, and participation in meetings with City staff and the CCC to discuss submissions (DHA, MNS and URS) Conducted multiple GIS-based analyses and re-analyses of impacts of the project and design alternatives (DHA, MNS and URS)

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Conduct new comprehensive biological surveys and GIS mapping (by URS):

New vegetation community mapping
New native tree inventory
New raptor surveys
New delineations of jurisdictional waters

Prepare a new comprehensive 150-page Biological Resources Report in response to a request for information from the California Coastal Commission to the City of Goleta. As requested by the Coastal Commission, this report would presents the findings of new and updated project-wide biological surveys and studies that were conducted in 2013 and 2014, summarizes all previous surveys, and prepared new biological impact analyses and maps and figures. It would also include a comprehensive regulatory setting.

Conduct an additional breeding bird survey and floristic survey to be conducted in April 2014.

6.1.12 AMENDMENT 4 SCOPE. PERMIT 5. Additional effort related to Permit 5 includes extensive additional support activities such as exhibit preparation, condition compliance, and other technical support for the City related to securing the Coastal Permit through the Coastal Commission.

LIST OF DELIVERABLES – PERMIT 5
Consultant shall prepare:

Memorandum documenting CCC comments made during the site visit and the pre-application meeting.

Summary of key CCC issues and related project information that would be included with the CDP application.

Environmentally related technical inputs to sections of the CDP application PowerPoint inputs (environmental data for a CCC presentation, if warranted)
Written responses to CCC comments and data requests
Written evaluation of recommended conditions of approval in the CCC staff report
Biological Resources Report

PERMIT 6 CITY OF SANTA BARBARA COASTAL DEVELOPMENT PERMIT (CDP) A CDP from the City of Santa Barbara will be required to develop the project. A portion of the proposed development is located within Santa Barbara’s adopted Coastal Plan for the Airport and Goleta Slough. The CDP is a discretionary action requiring a public hearing and Planning Commission approval. Planning Commission approvals are appealable to the City Commission.

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Santa Barbara’s CDP application process shall include:

Complete a Master Application
Complete the CDP Application
Complete the Development Application Review Team (DART) Submittal Packet
The DART application shall include the following applicable components:

A letter from the project applicant requesting a CDP for development of a roadway and associated improvements within the Old San Jose Creek riparian corridor, a description of the project components (Road width, bridge, lighting etc.), construction cut and fill and import and export, discussion of surrounding land uses, and, if requested, a visual aid submittal packet.

An application packet that includes a CD with copies of the Final EIR and relevant technical studies.

A summary of proposed demolition and construction activity (e.g., duration of proposed grading).

The DART application requires inclusion of a project justification, detailing issues that remain to be resolved for the development of the project.

Hydrology calculations will be required to show how site drainage is being transmitted through the property unless waived by the Public Works Engineering Division staff.

A total of ten (10) copies of the plans must be submitted according to the City’s Project Plan Requirement’s. Plan set size and content requirements are listed in the DART application. The DART process usually has a 30-day review process with City of Santa Barbara Staff. Should additional information be required before the application can be deemed complete, the application may be placed on hold until such information is provided.

TASKS ASSOCIATED WITH PERMIT 6

6.1.11 PRE-APPLICATION MEETING. Consultant shall attend a pre-submittal meeting with City of Santa Barbara staff to determine if DART application requirements can be streamlined because the project EIR has already undergone environmental review by the City of Santa Barbara staff.

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6.1.12 IDENTIFY RESOURCES , IMPACTS, MITIGATION MEASURES ON AIRPORT PROPERTY .

Consultant shall develop a stand-alone summary of relevant portions of the FEIR, including environmental resources on Airport property, impacts, and mitigation measures using existing data, figures, and field mapping. City Staff shall coordinate and submit the Master Application, CDP, and DART applications to the City of Santa Barbara.

6.1.13 RESPONSE TO DATA REQUESTS . Consultant shall respond to comments and data requests as needed.

6.1.14 CITY OF SANTA BARBARA CDP SITE VISIT. The CONSULTANT environmental manager and lead biologist shall attend a site visit with the City of Santa Barbara staff and Planning Commissioners in support of the DART application.

6.1.15 REVIEW PRT STAFF REPORT PRIOR TO PLANNING COMMISSION . The PRT shall review project materials and issue a staff report to the City of Santa Barbara’s Planning Commission. Consultant shall review the PRT staff report and identify any inaccuracies or problematic conditions of approval.

6.1.16 ATTEND CITY OF SANTA BARBARA PLANNING COMMISSION PUBLIC HEARING .

CONSULTANT staff, as approved by the City, shall attend the City of Santa Barbara Planning Commission public hearing.

6.1.17 ARCHAEOLOGICAL STUDY ON AIRPORT PROPERTY (OPTIONAL TASK ). The Master Archaeological Resources Assessment for the Santa Barbara Municipal Airport (2010) requires subsurface archaeological survey along the western portion of the Fowler Road Extension for any areas subject to deep co nstruction impacts (>24-inches below ground surface). No archaeological investigation will be required if the project impacts are restricted to the upper 24-inches of the soil column.

This task is based on the assumption that future utilities may be placed in a four-foot- deep trench running along the Fowler Road Alternative. This study is described in the EIR as mitigation measure CUL-3.

Based on Figure 6-1 of the Master Archaeological Resources Assessment for the Santa Barbara Municipal Airport (2010), Consultant shall conduct subsurface archaeological testing along the Fowler Road Alternative from the west bank of Old San Jose Creek to the west side of the project roundabout along Fairview Avenue, a distance of approximately 120 meters. A qualified archaeologist shall conduct the backhoe testing project to determine if archaeological remains are present and, if present, are potentially intact. As required, excavations will be monitored by a Native American monitor. Six backhoe trenches spaced approximately at 20 m intervals will be excavated. It is assumed

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that subsurface testing can be limited to a depth of four feet below existing grade. The upper two feet will be excavated in one lift unless intact artifacts are noted. Excavations deeper than two feet would be excavated in 6-15-inch lifts. Trench spoils and sidewalls would be inspected for artifacts. Consultant shall obtain an encroachment permit from the City of Goleta, if needed.

Prior to fieldwork, an updated site record search will be conducted for the footprint of the Fowler Road Alternative. This record search would be limited to discovering any new data that has been recorded since the most recent Ekwill/Fowler record search was conducted.

Assuming no artifacts are found, a negative survey will be documented in a brief letter report that incorporates by reference the background information contained in the project’s Archaeological Survey Report. Evidence of the new record search and a map of the subsurface survey location would be completed. The report will follow the City of Santa Barbara requirements.

LIST OF DELIVERABLES – PERMIT 6
A summary of the project description, impacts on Airport property, and mitigation measures
Master Application technical information
CDP Application technical information
Technical information memorandum for the Development Application Review Team (DART) Submittal Packet
A CD or hard copy of all relevant technical studies (Final EIR, NES, Etc.) Written evaluation of recommended conditions of approval contained in the City of Santa Barbara’s PRT staff report
Phase 1 Subsurface Archaeological Survey Letter Report
PERMIT 7 SANTA BARBARA COUNTY AIR POLLUTION CONTROL DISTRICT (SBCAPCD) PERMIT OR EXEMPTION

6.1.18 Consultant shall provide the City with a memorandum identifying equipment usages for the project permit application.

LIST OF DELIVERABLES - PERMIT 7
Technical memorandum

6.1.19 AMENDMENT 5 SCOPE. P ERMITS 1 THROUGH 5. Additional effort related to Permits 1 through 5 includes:

DHA and subconsultant URS will make changes to the environmental documents as needed to initiate a NEPA revalidation, revise resource agency permits applications for

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all four permits (US Army Corps of Engineers – USACOE, California Dept of Fish and Wildlife, Regional Water Quality Control Board, California Coastal Commission), and revise the Compensatory Mitigation Plan. For the CEQA revisions, URS will if requested, prepare an addendum to the EIR, and update the applicable technical studies. In addition, DHA will continue wit h support for the Coastal Development Permit.

DHA will assist URS in completing the revisions to the environmental permits due to the Fowler Road revisions and provide URS with modified project impact limits (temporary and permanent impacts) that are needed to update the various permits.

DHA will provide assistance in completion and submittal of the Coastal Commission Coastal Development Permit. This work is anticipated to include revisions to various exhibits, as well as providing assistance with revisions to report narratives. A large portion of Task 16 involves DHA assisting URS in preparing the final response to RWQCB comments.

6.1.20 AMENDMENT 8 SCOPE. PERMITTING AND ENVIRONMENTAL
COMPLIANCE This budget amendment request includes environmental and permitting related tasks needed to support the Project through January 2022, including permitting and project implementation, and compliance with biological measures.

These tasks are supplemental to those environmental services already under contract and are numbered accordingly.

Permitting and Project Implementation Support
Rincon Task 2 Permitting Support, Project Management & Miscellaneous Rincon will continue to support the permitting effort by completing various new tasks that have been recently established. Rincon will prepare and submit the 2021 Regional Water Quality Control Board (RWQCB) annual report. Rincon will continue to support the California Coastal Commission (CCC) plan check process by providing information to the CCC on the 2016 and 2019 Biological Mitigation and Monitoring Plans via email and team meetings. Rincon will prepare a permit extension request for California Department of Fish and Wildlife (CDFW) by October 2021 as the Streambed Alteration Agreement is set to expire on December 1, 2021.

The Rincon team is dedicated to providing excellent quality, client-oriented environmental consulting services throughout this proposed scope of work.

Rincon will continue to attend regular meetings with the Project team, provide status reports on issues that may arise, and continue with active project management of staff to ensure that project schedule and budget are maintained are all a part of Rincon’s commitment for the duration of this scope. This task includes biweekly team meetings from
July 2021 through February 2022, team communications, and various tracking activities throughout implementation and completion of this scope of work. In addition, this task includes all clerical work and production of all submittals.

Additionally, this task includes permitting efforts not yet known, such as providing additional information requested by the agencies or assisting with

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further agency coordination efforts that may be required prior to construction. If a task requested by the agencies exceeds the allotted budget due to size or complexity, a separate scope and budget may be warranted.

Assumptions
• Up to two meetings with the CCC will be attended by Ms. Julie Love via teleconference.

Rincon Task 4 Native Plant Stock Coordination
Rincon will continue to coordinate the growing of native plant stock. Native plant stock is required for the restoration installation phase, which is a future task that is not part of this proposed scope of work. Santa Barbara Natives, the native nursery who has agreed to grow the native plants for the Project, requires a 40% deposit at this time so that they may begin propagation. The remaining 60% will be due upon delivery and will be included as part of the City’s general Contractor’s scope. Please note that the trees required for the project must be 5-gallon size, some of which take up to two years to grow.

Rincon Task 5 Permitting Support, Project Management & Miscellaneous Rincon will continue to support the permitting effort by completing various new tasks that have been recently established by the permitting agencies.

Restoration Contractor Support
Consultant shall support the preparation of the construction bid package. Consultant will provide a scope of work for the Restoration Contractor to be included as part of the package to inform the bidding process on mitigation implementation at Ekwill Street, Fowler Road and Ellwood Mesa. The Restorati on Contractor scope of work will include all pertinent information needed for bidding, such as a description of the mitigation approach by site, maps, and a breakdown of costs to be expected, i.e., the purchase of native plant stock. Rincon will also review the engineering sheets from the 95% submittal which show the mitigation sites to ensure the mitigation design is accurately shown.

LIST OF DELIVERABLES
Restoration contractor’s scope of work
Biological Compliance Measures
(a) Biological Compliance Measures
This cost estimate and scope covers biological compliance measures and surveys that are required to be conducted prior to the start of construction in accordance with the Ekwill Street and Fowler Road Extensions Project EIR (EIR) and the various permits

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obtained for the Project, including the California Coastal Commission (CCC) Coastal Development Permit (CDP) No. 4-17-0264, California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (SAA) No. 1600-2014-0138-R5, Central Coast Regional Water Quality Control Board (RWQCB) Water Quality Certification (WQC) No. 34214WQ08, and the U.S. Army Corps of Engineers (Corps) Nationwide Permit Verification (NWP) No. SPL-2014-00509.

We understand the work to be performed during this period involves tree removal and general site preparation prior to the start of construction and hiring of a general contractor. This cost estimate doesnot include coordination with the general contractor or surveys and monitoring that would need to be completed immediately before and during construction (e.g., continual nesting bird surveys), which Rincon will provide under a scope of work directly to the general contractor.

It is our understanding that construction would begin in February 2022 and end in December 2024, and that Ekwill Street and Fowler Road will be built first, followed by the Hollister Avenue improvements and Hollister Avenue Bridge. This scope of work covers pre-construction tasks only to be performed roughl y between September 2021 and January 2022 in preparation for tree removal ahead of project construction. Rincon understands that tree removal may begin as early as October 2021 and may likely occur as late as December 2021 or January 2022. We assume that any tasks initiated after this scope of work ends in January 2022 would be provided under a separate scope of work directly with the general contractor (e.g., continual nesting bird surveys).

The following scope of work is organized based on requirements outlined in the EIR and natural resource agency permits. The work windows established for the Project’s pre- construction surveys and construction monitoring per the EIR and permits, which were used to inform the scope of work below and establish a schedule of required activities (Attachment 1).
(i) Rincon Task 7.1 Project Environmental Coordination and Management Tasks (New Task)
This task is for general project environmental coordinator (PEC) responsibilities, project management, pre-construction survey kick-off coordination and meetings, general tracking of and initial set up of project compliance measures, agency coordination, and staff approvals. This task involves management of all pre-construction compliance tasks (outlined herein), organization of a field compliance binder with all relevant measures complied to be kept on the project site during all work activities, and coordination with the City and necessary coordination with the resource agencies over the course of the pre- construction phase. This task also includes quality assurance reviews of daily monitoring logs, reports, and other deliverables by principal and senior level staff, as well as administrative staff support for account management. This task assumes the following:

Assumptions

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PEC coordination of project compliance measures for pre-construction activities for September 2021through January 2022 (5 months)
Kick-off meeting with City and environmental compliance staff to understand pre-construction project requirements and work boundaries Preparation and submittal to City of Pre-construction Environmental Compliance Checklist
Preparation and submittal to City of Worker Environmental Awareness Program training materials
Environmental compliance training for monitoring and survey staff Preparation of staff resume/qualifications package for submittal to agencies 5-day pre-project agency notification and one meeting with agency staff to discuss environmental compliance
General email coordination with City and agencies and general coordination of tasks and schedule
This task includes agency coordination; however, it does not include extensive agency coordination should a state or federally listed species be encountered during pre-construction surveys, such as federal Endangered Species Act Section 7 consultation. If a task requested by the agencies exceeds the allotted budget due to size or complexity, a separate scope and budget may be warranted. (ii) Rincon Task 7.2 Pre-construction Surveys (New Task) The following sub-tasks are for required pre-construction surveys based on the Project EIR mitigation measures and agency permit conditions. The scope provided is for pre- construction surveys and documentation to determine if sensitive biological resources are present in the project vicinity and to determine the appropriate avoidance measures to implement during pre-construction site preparation and construction activities. Rincon assumes a time frame of September 2021 through January 2022 for these tasks.
(iii) Rincon Task 7.2.1 30-Day Pre-construction Surveys In accordance with CDP condition 5, Rincon qualified biologists will conduct pre- construction wildlife clearance surveys wit hin 30 calendar days prior to approved construction activities to detect any active sensitive species, reproductive behavior, and late nesting activity within 500 feet of the project site.

Rincon will include the findings (including negative findings) of pre-construction wildlife clearance surveys in a report to be submitted to the City and regulatory agencies (as

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required by pending permits).The reportwill document observations of wildlife observed during all pre-construction surveys. Based on CDFW requirements for similar projects, if a special status plant or wildlife species is observed, we willprepare a protection plan and California Natural Diversity Database form for that species in addition to this report under a separate scope of work.

Assumptions
We assume a single pre-construction survey effort will be needed to ensure timely completion of the survey prior to tree removal at all three road segments and to plan for any avoidance measures that might be required prior to the initial construction phase.

Two staff will perform the survey.

The survey is planned for eight hours, including travel and mobilization time.

We assume no special status species will be detected on the project site and no follow up agency consultation or permitting will be required.

If late nesting birds are observed, the Nesting Bird Management Plan will be implemented.

One report will be prepared to summarize the results of the surveys.

We assume minimal comment and revision will be needed on the report.

Any agency consultation support that may be needed in the event that a state or federally listed is identified would be covered under a separate scope of work. (iv) Rincon Task 7.2.2 Biological Monitoring and Installation of ESHA Fencing In accordance with EIR Mitigation Measure NA-1: Protection and Replacement of Riparian Habitat, CDFW SAA Section 2.13 and 2.21, and CDP Condition 5E, a biological monitor will be present on the project site during vegetation removal to ensure that no sensitive species are present in the area. In addition, a minimization measure of the Tree Protection Plan, prepared as described under Task 3.4 below, will include the requirement that a biologic al monitor will be present during all tree removal activities.

The biological monitor will be exper ienced in identifying fauna that may be present in the vegetation that will be removed. Rincon will provide a biological monitor that will be pre-approved by the City to provide oversight of tree removal, implementation of tree protection measures, and tree monitoring during construction. The arborist, or a qualified biologist under direct supervision by the arborist, will monitor all work that will occur immediately adjacent to protected trees (i.e., generally any ground disturbing activity within 5-feet from the tree’s dripline), including during tree removal, pruning,

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trimming, or root cutting that would occur prior to construction activities. Based on our familiarity with the project site, we assume that approximately 200 trees will be removed that would require the biological monitor/arborist to be present (a separate task to conduct a tree inventory update is provided below in Task 3.4).

In accordance with EIR Mitigation Measures NA-1 and WE-1: Avoid Environmentally Sensitive Habitat Areas , as well as CDFW SAA sections 2.7, 2.11, 2.14 and 2.21 relating to environmentally sensitive habitat areas (ESHA), riparian vegetation within portions of the work area within the stream must be fenced and/or flagged to prevent inadvertent impacts during construction activities. Rincon staff will install exclusionary fencing between the project site and adjac ent natural areas to prevent wildlife from moving into the construction zone. Exclusion fencing will consist of T-post, or similar material, with orange construction fence, or similar material, bound to it. Exclusion fence will be highly visible and will be approx imately 4 feet tall. Maintenance of exclusion fending around protected trees and ESHA for the duration of the construction project will be a requirement of the Tree Protection Plan (see Task 3.4below). The biological monitor/arborist will oversee the installation of protection fencing around sensitive resources and will periodically inspec t fencing to ensure it remains in good repair.

Assumptions
Assumes one biologist will be on site during vegetation and/or tree removal activities to monitor for sensitive natural resources and compliance with avoidance measures.

We have assumed a monitor day rate of $1,230, inclusive of travel and equipment direct costs.

We assume tree and vegetation remo val activities will require 10 days of monitoring. Any additional monitoring days required beyond 10 will be billed at the $1,230 daily rate.

Workdays will be eight hours, with one additional hour for travel and mobilization.

ESHA fencing will be installed prior to any ground disturbance and will be installed by Rincon staff. Materials required for fencing will be reimbursable to the project. If ground conditions are such that fence installation by hand is not possible, the area will be flagged with high-visibility fragging and will not be fenced. (v) Rincon Task 7.2.3 Bat Surveys
In accordance with SAA Section 2.16, avoidance buffers and mitigation measures for protection of roosting bats must be established prior to project implementation and a biologist must conduct monitoring to determine if construction may impact a roosting colony. Rincon will conduct a pre- construction survey to determine whether active

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Goleta City CouncilMay 19, 2026

Goleta City Council
May 19, 2026