Agenda Item A.5
CONSENT CALENDAR
Meeting Date: May 19, 2026
TO: Mayor and Councilmembers
SUBMITTED BY: Luz “Nina” Buelna, Public Works Director
PREPARED BY: Sarah Fox, Public Works Business & Administration Manager SUBJECT: Public Works Professional Services Amendments with UCSB, Rincon Consultants Inc. , Dewberry Engineers, Inc. , Mark Thomas and Company, Inc., and Authorize Budget Appropriation
RECOMMENDATION:
A. Authorize the City Manager to execute Amendment No. 3 to Agreement No. 2025- 024 with The Regents of the University of California, on behalf of its Santa Barbara Campus for Research Agreement to restore and maintain Ellwood Mesa and the Sperling Preserve, increasing the agreement amount by $ 193,750 for a total not- to-exceed amount of $ 438,538, and extending the termination date to June 30, 2028; and
B. Authorize the City Manager to execute Amendment No. 4 to Agreement No. 2021- 063 with Rincon Consultants , Inc. for Professional Services Agreement for professional design services for a comprehensive implementation plan to manage and enhance the Ellwood Mesa Monarch Butterfly Management Plan area, increasing the agreement amount by $125,000 for a total not-to-exceed amount of $1,287,392; and
C. Authorize the City Manager to execute Amendment No. 6 to Agreement No. 2022- 001 with Rincon Consultants, Inc. for Professional Services Agreement for professional on-call arborist services to support the public works department, increasing the agreement amount by $165,000 for a total not-to-exceed amount of $552,000, and extending the termination date to June 30, 2027; and D. Authorize the City Manager to execute Amendment No. 12 to Agreement No. 2012-090 with Dewberry Engineers, Inc. for Professional Design Services for the Ekwill Street and Fowler Road Extensions Project (CIP 9002) , increasing the agreement amount by $ 623,313 for a total not -to-exceed amount of $ 7,095,899; and
E. Authorize the City Manager to execute Amendment No. 2 to Agreement No. 2023- 025 with Rincon Consultants, Inc. for Professional Services Agreement for the San 1 Meeting Date: May 19, 2026
Jose Creek Channel Fish Passage Modification Project, increasing the agreement amount by $111,719 for a total not-to-exceed amount of $369,948, and extending the termination date to June 30, 2027; and
F. Authorize the City Manager to execute Amendment No. 1 to Agreement No. 2024- 088 with Mark Thomas and Company, Inc. for Professional Design Services Agreement for the San Jose Creek Multipurpose Path Project , increasing the agreement amount by $ 22,620 for a total not -to-exceed amount of $ 64,620, revising the schedule of fees, and extending the termination date to June 30, 2027; and
G. Authorize a budget appropriation in the amount of $1,392,313 as identified in Table 5 of the Fiscal Impacts section of the staff report.
BACKGROUND:
Public Works staff has engaged private consultants to perform a variety of professional services for the City since its incorporation in 2002. Public Works selected and executed agreements with the following consultants from the City’s approved pre-qualified consultant list, approved by City Council on January 17, 2023, or through a request for proposal to provide various professional services for the Public Works Department. The information below summarizes the services being provided by each consultant, proposed amendments and agreements, justification, and recommended actions.
DISCUSSION:
The Regents of the University of California, on Behalf of its Santa Barbara Campus (UCSB)
Public Works selected UCSB through cooperative purchasing with UCSB. An agreement (Agreement No. 2025 -024) with UCSB was approved by the City Council on April 15, 2025, for $64,788 to restore and maintain Ellw ood Mesa and the Sperling Preserve .
Amendment No. 1 to this agreement was executed on June 3, 2025 , to extend the termination date and increase the not-to-exceed amount to $244,788.00. Amendment No. 2 to this agreement was executed on October 10, 2025, to include federal provisions to allow the City of Goleta to be reimbursed for its activities related to the City’s Urban Forestry grant.
Amendment No. 3 to this agreement will increase the not -to-exceed amount of the research agreement by $193,750, for a ne w total not-to-exceed amount of $ 438,538 to continue restoration services and to extend the termination date to June 30, 2028 (Attachment 1).
Rincon Consultants, Inc.
Public Works selected Rincon Consultants, Inc. (Rincon) from the City’s pre -authorized qualified consultants list to provide professional design services for a comprehensive 2 Meeting Date: May 19, 2026
implementation plan to manage and enhance the Ellwood Mesa Monarch Butterfly Habitat Management Plan area . An agreement (Agreement No. 2021 -063) with Rincon was approved by the Council on June 15, 2021 , for $158,000. Amendment No. 1 to this agreement was executed on August 16, 2022 , to add $566,511 for a new total not -to- exceed amount of $724,511 for additional services amended in Exhibits A -1 and an updated Schedule of Fees, described in B-1. Amendment No.2 to this agreement was executed on October 17, 2023, to add $437,881 for a new total not-to-exceed amount of $1,162,392 for additional services described in Exhibit A -2 and an updated Schedule of Fees, described in B-2. Amendment No. 3 to this agreement was execut ed on June 25, 2025 to extend the termination date to June 30, 2027.
Amendment No. 4 to this agreement will increase the not -to-exceed amount of the professional services agreement by $ 125,000, for a new total not -to-exceed amount of $1,287,392, to continue services and update the Schedule of fees in Exhibit B -3 (Attachment 2).
Rincon Consultants, Inc.
Public Works selected Rincon from the City’s pre-authorized qualified consultants list to provide on-call arborist services. An agreement (Agreement No. 2022-001) with Rincon was approved by the City Manager on January 3, 2022 , for a not-to-exceed amount of $44,999. Amendment No. 1 to this agreement was executed on November 1, 2022 to add $62,001 for a new total not -to-exceed amount of $ 107,000 for continued services.
Amendment No.2 to this agreement was executed on June 20, 2023, to add $130,000 for a new total not -to-exceed amount of $ 237,000 for continued services and to include federal provisions and additional provisions regarding the Suspension and Debarment Act, Byrd Anti -Lobbying Act, the Clean Air Act, and termination of cause/convenience .
Amendment No. 3 to this agreement was executed on June 2 6, 202 4, to ex tend the termination date to June 30, 2026. Amendment No. 4 of this agreement was executed on August 20, 2024 , to add $150,000 for a new not -to-exceed amount of $387,000 and update the Schedule of Fees in Exhibit B-1. Amendment No. 5 of this agreement was executed on October 8, 2025, to identify a new key member of the Consultant’s firm and list subcontractors.
Amendment No. 6 to this agreement will increase the not -to-exceed amount of the professional services agreement by $1 65,000, for a new total not-to-exceed amount of $552,000, to continue services and update the Schedule of fees in Exhibit B -3, and to extend the termination date to June 30, 2027 (Attachment 3).
Dewberry Engineers, Inc.
Public Works selected Dewberry Engineers, Inc. (Dewberry) to provide Professional Design Services following a competitive request for qualifications process. An agreement (Agreement No. 2012-090) with Dewberry was approved by Council on August 7, 2012, for the professional design, engineering, permitting, and right-of-way services in conjunction with the Ekwill Street and Fowler Road Extensions Project . This agreement 3 Meeting Date: May 19, 2026
has been amended to provide additional design, environmental, permitting, right-of-way, and design support during construction services, and to identify new hourly rates (Amendment No. 1-11).
Amendment No. 12 to this agreement will increase the not -to-exceed amount of the professional services agreement by $ 623,313, for a new total not -to-exceed amount of $7,095,899, provide additional services, and update the schedule of fees to identify new hourly rates (Attachment 4).
Rincon Consultants, Inc.
Public Works selected Rincon from the City’s pre-authorized qualified consultants list to provide environmental and permitting support for the City’s San Jose Creek Channel Fish Passage Modification Project (CIP No. 9117). An agreement (Agreement No. 2023-025) with Rincon was approved by Council on March 21, 2023, for $197,313 to complete environmental and permits for the San Jose Creek Channel Fish Passage Modification Project. Amendment No. 1 to this agreement was executed on December 3, 2024, for $60,916 for a new total not -to-exceed amount of $258,229 for additional services amended in Exhibit A-1.
Amendment No. 2 to this agreement will increase the not -to-exceed amount of the agreement by $111,719, for a new total not -to-exceed amount of $369,948, to provide additional services to prepare permitting for long-term maintenance of San Jose Creek Channel in the scope of work , and to extend the termination date to June 30, 2027 (Attachment 5).
Mark Thomas and Company, Inc.
Public Works selected Mark Thomas and Company, Inc. (Mark Thomas) from the City’s pre-authorized qualified consultants list to provide Professional Design Services for the Union Pacific Railroad (UPRR) Portion of the San Jose Creek Multipurpose Path Project.
An agreement (Agreement No. 2024-088) with Mark Thomas was approved by the City Manager on September 17, 2024, for $42,000 to provide design support and coordination for the UPRR portion of the project.
Amendment No. 1 to this agreement will increase the not-to-exceed amount of the Mark Thomas agreement by $ 22,620, for a new total not -to-exceed amount of $ 64,620, to continue services and to extend the termination date to June 30, 2027 (Attachment 6).
FISCAL IMPACTS:
These amendments are funded by various accounts listed in the tables below.
4 Meeting Date: May 19, 2026
Table 1 – Estimated Costs and Funding for Amendments
Vendor Project Component Estimated
Total Costs
Funding
Source
Funding
Amounts
UCSB
(2025-024)
Research
Services/Implementation
of the Monarch Butterfly
Habitat Management
Plan
$193,750 101-50-5400-
51300
$193,750
Total: $193,750 Total: $193,750
Rincon
(2021-063)
Implementation of the
Monarch Butterfly Habitat
Management Plan and
Permitting
$125,000 101-50-5400-
51300
$125,000
Total: $125,000 Total: $125,000
Rincon
(2022-001)
Consulting City Arborist
Supporting Public Works
Tree Maintenance and
Management
$165,000 425-50-5400-
51200
$70,000
101-50-5500-
51073
$25,000
101-50-5800-
51200
$70,000
Total: $165,000 Total: $165,000
Dewberry
(2012-090)
Professional Design
Services
$623,313 207-90-9002-
57071
$623,313
Total: $623,313 Total: $623,313
Rincon
(2023-025)
Environmental and
Permitting for San Jose
Creek Channel Fish
Passage Modification
Project
$111,719 101-90-9117-
57070
$111,719
Total: $111,719 Total: $111,719
Mark
Thomas
(2024-088)
Professional Design
Services
$22,620 202-90-9006-
57070
$22,620
Total: $22,620 Total: $22,620
5 Meeting Date: May 19, 2026
Table 2 – Dewberry Engineers, Inc. Agreement Funding
Ekwill Street and Fowler Road Extensions Project
Project Components Project Costs
Funding Source Funding
Amounts
Preliminary Engineering
/Environmental
$9,841,864 General Fund (101) $8,511,977
General Fund (102) $250,000
Gas Tax (201) $694,000
Land Acquisition $5,779,429 Measure A (205) $1,397,984 Construction $51,286,496 Measure A – Other
(206)
$365,315
Measure A Project
Connect (207)
(grant)*
$8,414,318
Transportation DIF
(220)
$17,019,956
LRDP (230) $6,521,664
Developer
Agreement (231)
$1,554,760
STIP (308) (grant) $15,822,321
CDBG (402) (grant) $97,000
STIP (404) $670,187
ARPA (423) $4,933,990
RDA (601) $654,318
Total: $66,907,789 Total: $66,907,789
*Includes recommended budget appropriation as shown in Table 5
Table 3 – Mark Thomas and Company, Inc. Agreement Funding San Jose Creek Multipurpose Path Project
Project
Components Project Costs
Funding Source Funding Amounts
Preliminary
Engineering
/Environmental
$989,000
TDA (202) $262,062
Final Design $7,346,499 Measure A (205) $3,955,414 Construction $41,076,850 Measure A (206) $1,038,378 DIF (Transportation 220) $4,729,665
DIF (Bicycle and
Pedestrian 235)
$272,204
RSTP grant (305) $30,689
6 Meeting Date: May 19, 2026
ATP Grant - State (318) $2,669,000
Housing and Community
Development (HCD)
(319)
$729,866
TCSP – Federal (407) $76,510
ATP Grant – Federal
(418) $15,290,000
Redevelopment Project
Fund (601)
$24,829
Sales Tax Revenue
Bond Proceeds (610)
$16,270,203
TBD Grant (RCP
Pending Agreement)
$3,794,031**
Total: $49,412,350 Total: $49,412,350
*Actual Costs to date
**If the RCP Grant is awarded, the project budget will be adjusted accordingly. This would allow the City to reallocate a portion of the Sales Tax Revenue Bond proceeds currently programmed for this project to other eligible capital projects.
Table 4 – Rincon Consultants, Inc. Agreement Funding
San Jose Creek Fish Passage Project
Project
Components
Project Costs Funding
Source
Funding Amounts
Preliminary
Engineering
/Environmental
$0 General Fund $1,667,277
Final Design $1,667,277 Unfunded $5,657,723
Construction $5,657,723
Total: $7,325,000 Total: $7,325,000
Project Connect p roject costs have increased due to unanticipated field conditions , evolving construction requirements , and additional costs for monument design. Costs include additional construction support services, including traffic handling plan updates, exhibit revisions, electrical service connection and water meter application preparation, responses to contractor RFIs, and monument design, as well as plan modifications resulting from changes to the San Jose Creek Fish Passage Improvements Project design for the portion under Hollister Avenue Bridge. Public Works staff is recommending the following budget appropriation. Amendment No. 1 to Cooperative Agreement No. 2024-073 was approved between Santa Barbara County Association of Governments and the City , increasing the Named Project Measure A funding from $8,414,317 to $9,806,630. This will appropriate the additional $1,392,313 in funding that the City is receiving for Project Connect.
7 Meeting Date: May 19, 2026
Table 5 – Recommended Budget Appropriations
Fund Type Account Type Account To Amount
Measure A Named Project Revenue 207-90-9002-44701 $1,000,000 Measure A Named Project Expense 207-90-9002-57071 $1,000,000 Measure A Named Project Revenue 207-90-9033-44701 $392,313 Measure A Named Project Expense 207-90-9033-57071 $392,313
ALTERNATIVES:
The City Council can elect not to approve the amendments and agreements discussed herein; however, this would result in significant delays to the initiation and completion of the work associated with the maintenance and capital improvement projects.
LEGAL REVIEW BY: Isaac Rosen, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Amendment No. 3 Research Agreement 202 5-024 with The Regents of the University of California, on Behalf of its Santa Barbara Campus
2. Amendment No. 4 Professional Services Agreement 20 21-063 with Rincon Consultants, Inc.
3. Amendment No. 6 Professional Services Agreement 202 2-001 with Rincon Consultants, Inc.
4. Amendment No. 12 Professional Design Services Agreement 2012-090 with Dewberry Engineers, Inc.
5. Amendment No. 2 Professional Services Agree ment 2023-025 with Rincon Consultants, Inc.
6. Amendment No. 1 Professional Design Services Agreement 2024 -088 with Mark Thomas and Company, Inc.
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
8. Amendment No. 1-3 and Professional Services Agreement 2021-063 with Rincon Consultants Inc
9. Amendment No. 1-5 and Professional Services Agreement 2022-001 with Rincon Consultants Inc.
8 Meeting Date: May 19, 2026
10. Amendment No. 1-11 and Professional Services Agreement 2012-090 with Dewberry Engineers, Inc.
11. Amendment No. 1 and Professional Services Agreement 2023 -025 with Rincon Consultants, Inc.
12. Professional Design Services Agreement 2024 -088 with Mark Thomas and Company, Inc.
9 ATTACHMENT 1
Amendment No. 3 Research Agreement 2025-024 with The Regents of The University of California, on Behalf of its Santa Barbara Campus
10 Lead PI: Lisa Stratton
Award/Record Number:2025-024
AMENDMENT NO. 3
This Amendment No. 3 of Research Agreement dated April 15, 2025 bearing award 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 (hereinafter “Sponsor”) is made this _____of ____, 2026.
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, revise Exhibit A- Scope of Work, 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 June 30, 2026.” 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, 2028.”
3. In Section 4 of the Research Agreement, 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-1.” is hereby deleted in its entirety and replaced with the phrase, “The cost to Sponsor for University’s performance hereunder shall not exceed $438,538 (Four hundred and thirty-eight thousand, five hundred, and thirty-eight dollars) and as described in Exhibit B-2.”
4. Exhibit A-1 of the Research Agreement is hereby deleted in its entirety and replaced with Exhibit A-2, attached hereto and incorporated herein.
5. In Exhibit B-1 of the Research Agreement is hereby deleted in its entirety and replaced with Exhibit B-2, 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.
Docusign Envelope ID: 48ADA05F-B133-8D8D-8222-FA7A3DDDC74D 11 ACCEPTED AND AGREED:
City of Goleta The Regents of the University of
California on behalf of its Santa
Barbara Campus
By: ______________________ By: ________________________ Robert Nisbet, City Manager Lisa Stratton, Ph.D Ecosystem Director, CCBER at UCSB
ATTEST:
By: ______________________ By: ________________________ Deborah, Lopez, City Clerk Corrin Terrones, Sponsored Projects Officer
Date: ____________________ Date: _______________________
APRROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
By: __________________________
Scott Shapses, Deputy City Attorney
Docusign Envelope ID: 48ADA05F-B133-8D8D-8222-FA7A3DDDC74D 4/13/2026
12 EXHIBIT A-2
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. Work will be directed in coordination with the City of Goleta Staff.
• Twice weekly meetings with City of Goleta Open Space Manager and Collaborators for planning and coordination of restoration activities, monitoring and reporting. • Weekly coordination, planning and follow up with collaborators for volunteer activities, sign development, mitigation requirements.
• 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. • Design and oversight of tree planting in support of Monarch aggregations in Ellwood West (eastern and western sites) - implementation dependent on fire crew work. • Design and oversight of establishment of buffer plantings and nectaring islands in Ellwood West (eastern and western sites) - implementation dependent on fire crew progress.
• Oversight of all irrigation implementation and establishment in Ellwood Main, North and West for all established plantings.
• 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.
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 Docusign Envelope ID: 48ADA05F-B133-8D8D-8222-FA7A3DDDC74D 13 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.
Draft annual 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.
Docusign Envelope ID: 48ADA05F-B133-8D8D-8222-FA7A3DDDC74D 14 EXHIBIT B-2
COMPENSATION
FISCAL YEAR 2024-2025 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
• 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
FISCAL YEAR 2026-2027 BUDGET
• Total Labor Budget $144,270
• Total Travel Budget $6,000
• Total Supplies and Expenses Budget $3,500
• Total Indirect Costs $39,980
• Total $193,750
Docusign Envelope ID: 48ADA05F-B133-8D8D-8222-FA7A3DDDC74D 15 ATTACHMENT 2
Amendment 4 to Professional Services Agreement 2021-063 with Rincon Consultants, Inc.
16 City of Goleta
Amendment No. 4 to Agreement No. 2021-063
AMENDMENT NO. 4
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC.
This Amendment No. 4 to the Professional Services Agreement by and between the City of Goleta, a municipal corporation (“City”) and RINCON CONSULTANTS INC., a California C orporation (Consultant”), dated June 15, 2021 (“Agreement,” Agreement No. 2021-063) is made on this ____ day of ________, 2026.
SECTION A. RECITALS
1. T his Agreement is for professional 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 increase the authorization amount, and replace Exhibit A and B with Exhibits A-2 and B-2, and extend the termination date (Amendment No. 1, 2, and 3); and
3. T he Agreement currently provides in Section 3 Subsection (a) for the total compensation amount not to exceed $1,162,392.00; and
4. T he parties desire to amend the Agreement so as to provide for additional compensation in the amount of $125,000 for continued tasks; and
5. T he Agreement currently provides in Exhibit B -2 entitled “Compensation” the hourly rates; and
6. T he parties desire to amend Exhibit B-2 of the Agreement to identify the new hourly rates, attached as “Exhibit B-3”; and
7. City Council approved this Amendment No. 4, on this
_____ day of ____, 2026.
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 17 City of Goleta
Amendment No. 4 to Agreement No. 2021-063
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree that the Agreement be, and hereby is, amended as follows:
1. S ubsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $ 125,000 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 $1,287,392 (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 -3,"
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 B-2 “Compensation with Exhibit B-3 “Compensation 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: 90ACF57B-DA25-4B07-8699-A91484056F97 18 City of Goleta
Amendment No. 4 to Agreement No. 2021-063
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 Steve Hongola, Vice President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Lacrissa Davis, Chief Financial Officer
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 19 City of Goleta
Amendment No. 4 to Agreement No. 2021-063
EXHIBIT B-3
COMPENSATION
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 20 Rincon Consultants, Inc.
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* January 1, 2026 – December 31, 2026 Senior Principal $342
Principal $329
Director $329
Senior Supervisor II $313
Supervisor I $292
Senior Professional II $273
Senior Professional I $255
Professional IV $226
Professional III $210
Professional II $186
Professional I $166
Associate III $140
Associate II $125
Associate I $117
Field Technician $100
Technical Editor $157
Project Accountant $134
Billing Specialist $115
Publishing Specialist $128
Clerical $115
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability, cultural resources, GIS, data technology, and other professionals. Expert witness services consisting of depositions or in- court testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Equipment Rate (per day)
Equipment Package (covers field equipment) $150
UAS Drone $300
Boat (20-foot Boston Whaler or Similar) $800
Light-Duty and Passenger Vehicles* $90
4WD and Off-Road Vehicles* $150
* Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 10%. These may include, but are not limited to, printing and production, laboratory and drilling services, subcontractors, vendors, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
B
udget Reallocation. Rincon reserves the right to reallocate the budget between tasks and staff classifications, while remaining within the approved contract amount.
A
nnual Escalation. Standard rates subject to 3.5% annual escalation on January 1.
P
ayment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
Monitoring Rates. Rates for arborist/biological monitoring field staff under Task 3.4 have been modified in an effort to assist the City in reducing project costs: Professional I-IV will be billed at the $186 rate; Senior Professional I - Senior Principal will be billed at the $255 rate. These rates will be held through and may be escalated in 2027 in agreement with the City. 347 Group - Rates
Kymberly Jackson - $97
Jacob Malone - $69
Adam Ruano - $62
Pax Consultants, Inc. - Rates
Project Manager - $162
Deputy Project Manager - $139
Effective January 1, 2026
Senior Arborist - $138
Senior Botanist/Arborist - $138
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 21 ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
Lockton Companies, LLC
DBA Lockton Insurance Brokers, LLC in CA
CA license #0F15767
8110 E Union Ave., Ste. 100
Denver CO 80237
[email protected]
Rincon Consultants, Inc.
2060 Knoll Drive
V entura CA 93003
Hartford Fire Insurance Company 19682
Westchester Surplus Lines Insurance Co 10172
--- SEE ATTACHMENT ---
Starstone National Insurance Company 25496
Palomar Excess and Surplus Insurance Co. 16754
X
X
X SIR: $50,000
X P&I
4,000,000
100,000
10,000
4,000,000
4,000,000
4,000,000
X
X X
1,000,000
XXXXXXX
XXXXXXX
XXXXXXX
Comp./Coll. Ded 1,000
X
X
X 10,000
10,000,000
10,000,000
XXXXXXX
N
X
1,000,000
1,000,000
1,000,000
Contractors Pollution Liab
E&O Liab.
Cyber
$4M/$4M
$4M Ea. occ./$4M Agg.
Retro Date: 12/9/1994
See Attachment
B 72UENOL5481 2/1/2026 2/1/2027
A G48968181 002 2/1/2026 2/1/2027
A G48968181 002 2/1/2026 2/1/2027
E See Attachment
A G48968193 002 2/1/2026 2/1/2027
C CEEXP-26-0000752-00 2/1/2026 2/1/2027
D T10260329 (AOS) 2/1/2026 2/1/2027
D T10261427 (FL) 2/1/2026 2/1/2027
2/1/2027
1462718
Y Y
Y N
Y N
N
1/28/2026
N N
16564237
16564237 XXXXXXX
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
RE: Project: Ellwood Mesa Monarch Butterfly Habitat Management Plan 22-12869. The City of Goleta, its employees, officials, agents and member agencies are an Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Waiver of Subrogation applies per attached endorsement(s) or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsement or policy language.
X
See Attachments
By Alicia Cabrera at 2:43 pm, Apr 10, 2026
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 22 Type of Insurance Policy Number Insurer Policy Term Limits Cyber Liability H25NGP224923-02 Houston Casualty Company 8/1/2025 - 2/1/2027 Limit: $5,000,000 Deductible: $25,000
Excess Cyber CXS-107946155-01 Travelers Excess and
Surplus Lines Company 8/1/2025 - 2/1/2027 Limit: $5M x $5M Attachment Code: D683708 Master ID: 1462718, Certificate ID: 16564237 Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 23 City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
To whom it may concern:
In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to of Certificates of Insurance, thus this is your final hard-copy delivery.
To ensure electronic delivery for future renewals of this certificate, we need your email address.
Please contact us via one of the methods below, referencing Certificate ID 16564237. • Email: [email protected]
• Phone: 303-728-8060
If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed.
In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above.
The above inbox and phone number is for automating electronic delivery of certificates only. to this inbox or contact the phone number
below with email updates.
Thank you for your cooperation and willingness in reducing our environmental footprint.
Lockton Companies
Lockton Companies
8110 E. Union Avenue, Suite 100
Denver, CO 80237
Attachment Code: D644713 Master ID: 1462718, Certificate ID: 16564237 Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 24 Policy Number: G48968181 002
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONALINSURED–OWNERS,LESSEESOR
CONTRACTORS–SCHEDULEDPERSONOR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s): Location(s) of Covered Operations
The City of Goleta, its employees, officials, agents and member agencies 130 Cremona Drive, Suite B
Goleta,, CA 93117
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A.SectionIII–WhoIsAnInsuredwithintheCommonProvisionsisamendedtoincludeasan insured the person(s) or organization(s) shown in the Schedule above, but only with respect to liability arising out of your ongoing operations performed for that insured.
B. With respect to the insurance afforded to these additional insured(s), the following exclusion is added:
Thisinsurancedoesnotapplyto“bodilyinjury”or“propertydamage”occurringafter: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2)Thatportionof“yourwork”outofwhichthe“bodilyinjury”or“propertydamage”ariseshasbeen put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0351-0217 Page 1 of 1
Attachment Code: D575857 Certificate ID: 16564237
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 25 Name of Additional Person(s) or
Organization(s):
Location And Description Of Completed
Operations
The City of Goleta, its employees, officials, agents and member agencies 130 Cremona Drive, Suite B
Goleta,, CA 93117
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
SectionIII–WhoIsAnInsuredwithintheCommonProvisionsisamendedtoincludeasaninsuredthe person(s) or organization(s) shown in the Schedule above, but only with respect to liability arising out of “yourwork”atthelocationdesignatedanddescribedintheScheduleaboveperformedforthatadditional insuredandincludedinthe“products-completedoperationshazard”.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0350-0217 Page 1 of 1
Policy Number: G48968181 002
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Attachment Code: D575858 Certificate ID: 16564237
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 26 Policy Number: G48968181 002 : Effective Date: 2/1/2026-2/1/2027 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED
WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured.
A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf.
B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable:
1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement.
2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s).
3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance.
This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
EN0147-1111 Page 1 of 1
Attachment Code: D563842 Certificate ID: 16564237
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 27 Policy Number: 72UENOL5481
Policy Term: 2/1/2026 to 2/1/2027
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
B. Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
D. Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered "auto."
SECTION II - LIABILITY COVERAGE is
amended to add:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
Attachment Code: D563844 Certificate ID: 16564237
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 28 The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
ORLOSS–OFSECTIONIV–
E.
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured If Required by Contract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
Primary
(1) The total amount that all such other
and
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.
2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The OTHER INSURANCE Condition is amended
by adding the following:
Non-Contributory if
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 Attachment Code: D563844 Certificate ID: 16564237
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 29 Ifan"employee’s"personalinsurancealso
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
beprimarytothe"employee’s"personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE
COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
-
SECTION III - PHYSICAL DAMAGE
ADDITIONAL
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
5. 8. ELECTRONIC EQUIPMENT - BROADENED
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
6. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.
7. AIRBAG COVERAGE
COVERAGE
PHYSICAL
a. The exceptions to Paragraphs B.4 -
Under
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that, at the time of "loss",
is:
(1) Permanently installed in or upon
the covered "auto";
(2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
(3) An integral part of the same unit
Paragraph
housing any electronic
B. EXCLUSIONS
equipment described in
-
Paragraphs (1) and (2) above; or
of
DAMAGE
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 Attachment Code: D563844 Certificate ID: 16564237
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 30 for
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integral part of such equipment.
c.For each covered "auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $250, whichever deductible is
less.
the
9. EXTRA EXPENSE - BROADENED
normal
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
(4)
III - PHYSICAL DAMAGE COVERAGE, the
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b.SectionIII–VersionCA00010310ofthe
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
(1) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
Necessary
III - PHYSICAL DAMAGE COVERAGE, the
(2) Removable from a permanently
EVENT OF
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
12. AMENDED
13. UNINTENTIONAL FAILURE TO DISCLOSE
DUTIES
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
IN THE
following is added:
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 Attachment Code: D563844 Certificate ID: 16564237
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 31 Paragraph
CONDITIONS - CANCELLATION - applies
2. except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
of
18. HYBRID, ELECTRIC, OR NATURAL GAS
the
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximumof$2,500,ofthe"non-hybrid"auto’s
COMMON POLICY
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
17. EXTENDED CANCELLATION CONDITION
c.Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a.A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 Attachment Code: D563844 Certificate ID: 16564237
Docusign Envelope ID: 90ACF57B-DA25-4B07-8699-A91484056F97 32 ATTACHMENT 3
Amendment No. 6 Professional Services Agreement 2022-001 with Rincon Consultants, Inc.
33 City of Goleta
Amendment No. 6 to Agreement No. 2022-001
AMENDMENT NO. 6
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
RINCON CONSULTANTS, INC
This A
mendment No. 6 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 ____ day of ___, 2026.
SECTION A. RECITALS
1. This Agreement is for On-Call Arborist Services to support the Public Works Department and the Parks and Open Space division; and
2. This
Agreement has been amended to provide additional compensation for continued tasks, extend the termination date, replace exhibit B with Exhibit B - 1, include federal contract provisions, and identify new key subcontractors and members of the Consultant’s firm (Amendment No. 1, 2, 3, 4, and 5); and
3. The Agreement currently provides in Section 3 Subsection (a) for th e total compensation amount not to exceed $387,000; and
4. The part
ies desire to amend the Agreement so as to provide for additional compensation in the amount of $165,000 for continued tasks; and
5. The Agreement currently provides in Section 6 for the termination of the Agreement on June 30, 2026; and
6. The part
ies desire to amend the Agreement so as to extend the termination of the Agreement to June 30, 2027; and
7. The Agre
ement currently provides in Exhibit B -1 entitled “Schedule of Fees ” the hourly rates; and
8. The part
ies desire to amend Exhibit B -1 of the Agreement to identify the new hourly rates, attached as “Exhibit B-2”; and
9. City Co
uncil approved this Amendment No. 6, on this _____ day of ____, 2026.
Docusign Envelope ID: AAB8C43D-909D-495B-9718-AECB1A786C83 34 City of Goleta
Amendment No. 6 to Agreement No. 2022-001
SECTION B. AMENDED TERMS
Now
therefore City and Consultant agree that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $165 ,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 $552,000 (herein "not-to-exceed amount") and shall be earned as the work progresses.
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B -2,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until 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 t
erm 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.
CONS
ULTANT 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. Thi
s Agreement is amended to delete and replace in its entirety:
Exhibit B-1 “Schedule of Fees” with Exhibit B-2 “Schedule of Fees” attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
Docusign Envelope ID: AAB8C43D-909D-495B-9718-AECB1A786C83 35 City of Goleta
Amendment No. 6 to Agreement No. 2022-001
In concurrence and witness whereof, this Amendment No. 6 has been executed by the parties effective on the date and year first above written.
CIT
Y OF GOLETA CONSULTANT
______
______________________ ______________________________
Robert Nisbet, City Manager Lacrissa Davis, CFO
ATTEST:
______
_______________________ ______________________________ Deborah Lopez, City Clerk Steven J. Hongola, Vice President APP
ROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
Docusign Envelope ID: AAB8C43D-909D-495B-9718-AECB1A786C83 36 City of Goleta
Amendment No. 6 to Agreement No. 2022-001
EXHIBIT B-2
SCHEDULE OF FEES
Docusign Envelope ID: AAB8C43D-909D-495B-9718-AECB1A786C83 37 Rincon Consultants, Inc.
Effective January 1, 2026
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* January 1, 2026 – December 31, 2026 Senior Principal $342
Principal $329
Director $329
Senior Supervisor II $313
Supervisor I $292
Senior Professional II $273
Senior Professional I $255
Professional IV $226
Professional III $210
Professional II $186
Professional I $166
Associate III $140
Associate II $125
Associate I $117
Field Technician $100
Technical Editor $157
Project Accountant $134
Billing Specialist $115
Publishing Specialist $128
Clerical $115
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability, cultural resources, GIS, data technology, and other professionals. Expert witness services consisting of depositions or in- court testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Equipment Rate (per day)
Equipment Package (covers field equipment) $150
UAS Drone $300
Boat (20-foot Boston Whaler or Similar) $800
Light-Duty and Passenger Vehicles* $90
4WD and Off-Road Vehicles* $150
* Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 10%. These may include, but are not limited to, printing and production, laboratory and drilling services, subcontractors, vendors, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Bu
dget Reallocation. Rincon reserves the right to reallocate the budget between tasks and staff classifications, while remaining within the approved contract amount.
Annu
al Escalation. Standard rates subject to 3.5% annual escalation on January 1.
Pa
yment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
Docusign Envelope ID: AAB8C43D-909D-495B-9718-AECB1A786C83 38 ATTACHMENT 4
Amendment No. 12 Professional Design Services Agreement 2012-090 with Dewberry Engineers, Inc.
39 City of Goleta
Amendment No. 12 to Agreement No. 2012-090
AMENDMENT NO. 12
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
DEWBERRY ENGINEERS, INC.
This Amendment No. 12 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 ____ day of ___, 20___.
SECTION A. RECITALS
1. T his 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, extend the term of the agreement, and identify new hourly rates (Amendment No. 1-11); and
3. T he Agreement currently provides for the total compensation amount not to exceed $6,472,586; and
4. T he parties desire to amend the Agreement so as to provide for additional compensation in the amount of $623,313 for continued and additional tasks; and
5. T he Agreement currently provides in Exhibit A-9 entitled “Scope of Work” the complete and particular description of services; and
6. T he 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. T he Agreement currently provides in Exhibit B -10 entitled “Schedule of Fees” the hourly rates; and
8. T he parties desire to amend Exhibit B-10 of the Agreement to identify the new hourly rates, attached as “Exhibit B-11”; and
9. T he City Council approved this Amendment No. 12, on this ____ day of _______, 20__.
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 40 City of Goleta
Amendment No. 12 to Agreement No. 2012-090
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $ 623,313 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 $7,095,899 (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 -11,"
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 -10 “Schedule of Fees ” with Exhibit B -11 “Schedule of Fees” attached hereto and incorporated herein.
4. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof , this Amendment No . 12 has been executed by the parties effective on the date and year first above written.
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 41 City of Goleta
Amendment No. 12 to Agreement No. 2012-090
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, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 42 City of Goleta
Amendment No. 12 to Agreement No. 2012-090
EXHIBIT A-10
SCOPE OF WORK
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.
Identify right-of-way, easement, and environmental constraints.
1.3 AMENDMENT 3 SCOPE. PROJECT TIME EXTENSIONS AND RESULTING PROJECT Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 43 City of Goleta
Amendment No. 12 to Agreement No. 2012-090
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.
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 Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 44 City of Goleta
Amendment No. 12 to Agreement No. 2012-090
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.
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 Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 45 City of Goleta
Amendment No. 12 to Agreement No. 2012-090
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
1.1 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.
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 46 City of Goleta
Amendment No. 12 to Agreement No. 2012-090
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 rig 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 review 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 subsurface profile along the alignment(s) shall be submitted with the report. Field and Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 47 City of Goleta
Amendment No. 12 to Agreement No. 2012-090
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.
1.2 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.
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 48 City of Goleta
Amendment No. 12 to Agreement No. 2012-090
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.
1.3 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 di fferent 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 Hollister Avenue are also under Caltrans jurisdiction. Caltrans standards and methodology will be used for this area.
Likewise, these local agencies will also require 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 for compatibility and conformance to the drainage report and the drainage needs.
Permitting: Consultant shall prepare storm water permit applications and Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 50 City of Goleta
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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.
TASK 5: AERIAL DEPOPSITED LEAD STUDY
5.1 AERIALLY DEPOSITED LEAD TESTING . This task provides for testing for aerially Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 51 City of Goleta
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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.
The following authorizations are required due to the project’s proposed impacts to jurisdictional waters and streambeds and are briefly described here:
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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- Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 53 City of Goleta
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6.1.21 AMENDMENT 9 SCOPE - PERMITTING AND ENVIRONMENTAL COMPLIANCE.
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 Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 54 City of Goleta
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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:
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 Quality Certification Application Completed Notification of Streambed 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 contact 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.
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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 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 response 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 shall 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 alignment 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:
P
articipation in multiple planning and strategy meetings and conference calls with the City and others.
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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)
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. P
ERMIT 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
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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.
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 Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 58 City of Goleta
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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.
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 Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 59 City of Goleta
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Extension for any areas subject to deep construction 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 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 a nd 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
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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 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 with 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 Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 61 City of Goleta
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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 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 Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 62 City of Goleta
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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 Restoration Contractor scope of work will include all pertinent information needed for bidding, such as a description of the mitigation approach by site, maps, and a breakdown of costs to be expected, i.e., the purchase of native plant stock. 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 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 Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 63 City of Goleta
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first, followed by the Hollister Avenue improvements and Hollister Avenue Bridge. This scope of work covers pre-construction tasks only to be performed roughly 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 (NewTask)
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 coordinationwith 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
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-constructionproject 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 Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 64 City of Goleta
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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 within 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 required by pending permits).The report will 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 will prepare a protection plan and California Natural Diversity Database form for that species in addition tothis 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.
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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 biological monitor will be present during all tree removal activities.
The biological monitor will be experienced 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, 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 adjacent 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 approximately 4 feet tall. Maintenance of excl usion fending around protected trees and ESHA for the duration of the construction project will be a requirement Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 66 City of Goleta
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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 inspect 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 removal 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 roosts of pallid bat (Antrozous pallidus) are present inthe project vicinity, specifically within any trees that are located adjacent to the project site.
Within 14 days prior to the commencement of pre-construction activities, a daytime visual and nighttime fly-out acoustic survey for bats will be conducted. The daytime survey will consist of scanning adjacent trees and artificial structures for suitable roosting sights and searching the ground below for bat guano. Following the daytime survey, a nighttime emergence fly-out survey will be conducted to detect any bats that roosting in tree bark and tree cavities. The surveys will be conducted by two (2) biologists and will include trees and woodland areas located no more than 100 feet from the project site. To observe and/or record emerging bats, the nighttime emergence survey will occur for approximately 5 hours starting at one-hour prior to darkness.
Acoustic bat detection devices will be used during the nighttime survey to record the inaudible ultrasonic (echolocation) calls of emerging bats, including a Pettersson D240x and a Wildlife Acoustics EchoMeter Touch that uses Kaleidoscope Pro Analytics. These detection devices allow for a full- spectrum call analysis to be performed that will result in the identification of different species and their activities without handling individuals. In Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 67 City of Goleta
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addition to the species data collected on site, the abiotic conditions will also be documented, including relative humidity, temperature, wind speed, and moon phase throughout the night.
In accordance with CDFW SAA Section 2.16, if roosting bats are observed, a Rincon biologist will establish an avoidance buffer and biological monitoring will be provided to document minimization measures and lack of impacts to the roosting colony during construction activities. If a bat roosting colony is present and cannot be avoided by project activities, Rincon can provide for an additional fee support in consultation with CDFW to determine the appropriate course of action.
Rincon will prepare a memorandum describing the methods and results of the bat survey.
The memorandum will be submitted to the City within 5 business days following completion of the surveys.
Assumptions
One daytime presence/absence visual survey and one nighttime fly-out observation survey using electronic bat detection equipment will be conducted.
Assumes no bat roosting colony will be detected and no bat exclusion measures will be installed, or agency consultation will be required.
Two Rincon qualified biologists will perform the daytime and nighttime surveys.
Eight hours is assumed to conduct the daytime and nighttime survey, including travel time.
One memorandum report will be prepared and submitted within 5 business days. (vi) Rincon Task 7.2.4 Monarch Butterfly Surveys
In accordance with Mitigation Measure AN-4: Conduct Monarch Butterfly Surveys and Avoidance, construction impacts to monarch butterflies will be avoided or minimized by performing site-specific surveys for roosting butterflies prior to removal of large eucalyptus trees. This includes along the Ekwill Street extension where there are moderate groves of eucalyptus trees that provide ESHA for monarch butterflies.
A qualified Rincon biologist will conduct a pre-construction survey for roosting monarchs in areas supporting suitable habitat throughout the project site, including a 100-foot buffer area, during the overwintering season (October 1 through March 1). A roost is determined by the presence of clusters of 10 or more monarch butterflies and avoidance measures will be established if roosts occur within 100 feet of the tree or vegetation removal activity areas. If needed based on time elapsed between the initial survey and the start of work activities, a second butterfly roost survey will be completed within 14 days prior to vegetation removal activities in or adjacent to the identified locations of roost habitat. Any additional surveys that may be needed can be provided for an additional fee.
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 68 City of Goleta
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The locations of any potential monarch roosting sites will be delineated on a graphic of the project site that will be included in a succinct survey report. The report will be prepared and submitted to the City within 5 business days following the completion of the survey.
Assumptions
One preconstruction survey for rooting butterflies will be conducted during the overwintering season (beginning October 1 through the January contract period) in areas that are identified as roosting habitat.
The cost provided here assumes no additional pre-construction survey will be required based on time elapsed between the initial survey and the start of activities.
Surveys will include up to a 100-foot buffer from the limits of the project disturbance buffer.
Two staff will perform each survey.
Surveys are planned for eight hours each, including travel and mobilization time.
If monarch butterflies are observed, the Species Protection Plan (see Task 3.3) will be implemented.
If monarch butterflies occur in trees that cannot be avoided, for an additional fee Rincon can provide support in consultation with CDFW to determine the appropriate course of action.
One memorandum report will be prepared to document the methods and results of the survey.
(vii) Rincon Task 7.3 Project Compliance Plans
The following plans are proposed in compliance with project mitigation measures under the MMRP and project permits (e.g., CDFW SAA Sec. 2.13, 2.18, and 2.19). Plans will vary in complexity depending on whether and to what extent sensitive natural resources are identified on the project.
(viii) Rincon Task 7.3.1 Nesting Bird Management Plan
Rincon will prepare a nesting bird management plan to address how to handle the occurrence of nests within the project impact footprint and buffer. The plan will discuss avoidance of impacts to nest, establishment of no-impact buffers, conditions under which buffer sized may be reduced to accommodate project activities and a discussion of how buffer reductions are to be handled in consultation with agencies. In cases in which buffer reduction would not be approved based on observed disturbance to the species, nest Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 69 City of Goleta
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monitoring, and how project activities are to proceed to accommodate for nest avoidance will be outlined in the plan. The plan will include a table and graphics of all known nest locations, buffers, and disposition of nests (i.e., activity status), and will include procedures for ongoing monitoring and updating of nest disposition as relates to how it affects project activities.
Assumptions
Assumes one round of review and response to comments from the City and relevant agencies.
Assumes 4 hours of agency consulting support would be needed. (ix) Rincon Task 7.3.2 Wildlife Relocation Plan
In accordance with SAA section 2.18, Rincon will prepare a Wildlife Relocation Plan (i.e., Relocation Out of Harm's Way Plan) for review and approval for non-listed species. The plan will consider the various life cycles of the species, species' needs for foraging, general habitat concerns, threats of predation, and any other relevant life and natural history concerns. As required, the plan will identify a minimum of two relocation site options.
The Wildlife Relocation plan will outline the methods and materials to be used to relocate species encountered and will provide instructions on proper handling and release of individuals at the relocation site. The plan will include procedures for document ing any captures and relocations for submittal to the City and relevant agencies, including a final project close our report for final documentation of all species captured and relocated.
Assumptions
Assumes one round of review and response to comments for the City and relevant agencies.
Assumed 4 hours of agency consulting support would be needed. (x) Rincon Task 7.3.3 Species Protection Plan
Per SAA section 2.19, Rincon will develop and submit a Species Protection Plan for CDFW approval for any sensitive or rare species known to occur or discovered during pre-construction surveys. As required by the SAA, the plan will be submitted to CDFW at least 60 days prior to Project initiation/impacts. The timing of submittal of the species protection plan will require the plan to be prepared before surveys are completed. As such, potential for species occurrence will be considered when determining which species should be included in the protection plan. The plan shall include avoidance and minimization measures as well as mitigation measures to offset any permanent or temporary impacts to species and/or their habitat. If relocation of individuals or creation of habitat is required, the plan will consider the timing constraints and Project Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 70 City of Goleta
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implementation constraints needed for the salvage and/or capture of individuals for relocation.
Assumptions
Rincon will support the City in as -needed consulting with CDFW to develop and submit a Species Protection Plan for approval for any sensitive or rare species known to occur or discovered during pre-Project or Project surveys. We assume up to 8 hours of agency consulting support would be needed.
If relocation of individuals or creation of habitat is required, the plan will account for the timing constraints and project implementation constraints needed for the salvage and/or capture of individuals for relocation. Relocation approach will be addressed under the Wildlife Relocation Plan (see Task 3.2).
Assumes one round of review and response to comments from the City and relevant agencies.
(xi) Rincon Task 7.3.4 Tree Inventory Update and Protection Plan In accordance with EIR Mitigation Measure NA -2, a Tree Protection Plan must be submitted to resource agencies and the City for review prior to construction. Rincon will conduct an updated tree inventory and prepare an updated tree inventory report for the project that identifies protected trees that will be impacted prior to the initiation of construction. The updated tree inventory is required given the length of the elapsed since the initial tree inventory was completed (approx. 10 years).
All trees within the project footprint with diameter -at-breast-height (DBH) of 4 inches or greater will be mapped and tree condition and level of expected impact will be documented. A tree protection zone will be mapped and displayed on a graphic of the project site. The tree protection zone will be defined as the area within the tree dripline out to approximately 5-feet from the dripline to account for the tree’s critical root zone.
The Tree Protection Plan will include detailed discussion of methods for tree removal, trimming of branches, and cutting of roots to prevent excessive damage to trees that are not to be removed. The plan will address how trees will be assessed for impact including potentially lethal impacts as well as impacts that could affect structural integrity. A tree inventory log will be prepared to track trees and provide ongoing updates regard tree disposition.
Assumptions
Assumes one round of review and response to comments from the City.
Assumes up to 4 hours of agency consulting support would be needed.
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LIST OF DELIVERABLES
Pre-Construction Survey Findings (Memorandums)
Biological Monitoring
Exclusionary Fencing Installation
Nesting Bird Management Plan
Wildlife Relocation Plan
Species Protection Plan
Tree Inventory Update and Protection Plan
Task 8 Optional Services
For permitting efforts and project implementation support not yet known, such as additional studies requested by the agencies or further agency coordination efforts that may be required prior to construction, an optional services task has been included herein. The optional services task will only be used with prior written approval by prime Consultant. If a task requested by the agencies exceeds the allotted budget due to size or complexity, a separate scope and budget may be warranted.
LIST OF DELIVERABLES
Permit coordination
TASK 7: CITY OF SANTA BARBARA COORDINATION
7.1 CITY OF SANTA BARBARA DART COORDINATION . Consultant shall prepare project plans, technical specifications, and special provisions for review by the City of Santa Barbara Development Application Review Team (DART) at each submittal milestone.
Comments received from the City shall be logged and responses to each comment will be prepared.
7.2 AMENDMENT 3 SCOPE. Coordination with the City of Santa Barbara has expanded to include alternatives analysis for the airport Runway Protection Zone. The task includes the preparation of a letter report to the airport for submission to the FAA.
TASK 8: 35% PS&E
8.1 CONCEPTUAL DESIGN. The conceptual design phase shall include approximately 35% complete design plans with typical sections. The plans will show the preliminary layout of roundabouts, proposed turn lanes, locations of utility poles, utility boxes, drainage culverts, etc. Proposed right-of-way acquisitions will be identified based on the need to accommodate additional traffic lanes and roadway widening, cut and fill slopes, utility relocations, retaining walls, precast arch culverts with natural bottoms, etc.
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The Preliminary Design shall also include an analysis of vertical and horizontal curve transitions to the existing roadway profile and alignment and specific safety requirements, such as design speed and sight distance, and preliminary grading requirements for the roadway embankment. Evaluate and recommend potentially less costly alternatives where feasible.
At the conclusion of the 35% design phase, the consultant shall provide CAD files showing the required configuration of Hollister Avenue over San Jose Creek to the City’s consultant responsible for the design of the replacement bridge, eliminating the need for a separate bike/pedestrian bridge upstream of the existing structure.
Consultant shall perform testing, calculations, and analysis necessary to achieve project goals according to City, Caltrans, and industry standards.
8.2 PREPARE CONCEPTUAL PLANS. The consultant shall produce conceptual plans at 1" = 20' scale. Additional information to be indicated at this stage will include the base map data from field survey and records research, facility sizes, roadway dimensions, and rights-of-way, and presenting plan, elevation, and section views of the proposed improvements along with all existing facilities.
8.3 PRELIMNARY COST ESTIMATE. Consultant shall prepare an initial construction cost estimate based on all anticipated construction items and estimated quantities from the general plan facility dimensions. Consultant shall revise and resubmit preliminary cost estimates as the project progresses at the 65%, 95% and Final stages.
8.4 SUBMIT 35% PLANS. Consultant shall perform quality control on all submittals.
LIST OF DELIVERABLES
See below
TASK 9: 65% PS&E
9.1 ROADWAY IMPROVEMENT PLANS. The design shall conform to requirements of the City of Goleta and the Caltrans LAPM.
The roadway improvement plans and striping and signing plan shall also be in accordance with the current Caltrans Standards and City of Goleta standard plans or standards approved by the City of Goleta Director of Public Works. Existing utilities shall be indicated in the plan view. These plans will be prepared at 1"=20' scale, on 24" x 36" improvement plan sheets, and will consist of:
Detail/Typical Cross Section Sheets - include typical sections and other details as required.
Roadway Improvement Plans - includes plans for the proposed roadway widening and associated improvements. Plans shall provide for roadway improvements in accordance with the City’s recommendations. The Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 73 City of Goleta
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roadway improvement plan shall consist of a plan and profile format that will also indicate the grading requirements in the plan. The construction drawings shall include all drainage and roadway structural details, slope revetment or lining, and design cross sections.
Any new striping is to extend a minimum of 100 feet beyond the construction limits.
Cross Sections - includes roadway cross sections based on the previously prepared field survey at 50-foot intervals showing the proposed roadway widening improvements. Cross sections are considered necessary to properly design the improvements and to establish the earthwork volumes and extent of construction or reconstruction beyond the existing right-of-way lines onto private property, where and if necessary. The cross sections and cut and fill quantities will be computer generated and will be included with the bid set.
Special layout and construction details as required.
Temporary traffic control and construction staging plans.
Driveway profiles where work will extend beyond the public right-of-way limits. The profile shall be extended as required for a transition to the existing driveway.
Retaining walls and precast arch culverts with natural bottoms.
The Plans, Specifications, and Estimate must be prepared in accordance with Caltrans current CADD User’s Manual, Plans Preparation Manual, and Caltrans practices, as well as conform to the City of Goleta's standards and practices.
9.2 AMENDMENT 3 SCOPE. The existing scope is modified to include the additional work for alternatives analysis resulting from the Coastal Development process and optimization of the roundabout designs that greatly improve the operational characteristics of the project. Other redesign work is necessitated by the decision to replace the Hollister Avenue Bridge, which provides an opportunity to greatly improve the roadway geometry on Hollister Avenue.
9.3 AMENDMENT 4 SCOPE. The existing scope is modified to include the additional work for the Caltrans directed realignment and related redesign of the soil -nail retaining wall required at the southbound off -ramp of SR 217. Additional work is also required for design assessments related to the FAA recommendations regarding the Fowler Road encroachment into the Runway Protection Zone of the Santa Barbara Airport.
LIST OF DELIVERABLES
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See below
TASK 10: 95% PS&E
10.1 UPDATE ROADWAY PLANS. A submittal of 95% PS&E shall be made to the City.
The submittal shall include the plans, specifications, and estimate. Five sets of 11x 17 plans with a set of special provisions and the Engineer’s Estimate prepared for the 35% submittal shall be reviewed and updated as necessary. Consultant shall perform an independent QA/QC review of the 95% plans, specifications and estimate and incorporate appropriate revisions prior to submittal to the City. Specifications will be prepared in Microsoft Word and the estimate will be prepared in Microsoft Excel.
LIST OF DELIVERABLES
Five (5) sets of the 95% Plans on 11” x 17”
Five (5) hard copies of the special provisions
One (1) electronic copy of the special provisions in Microsoft word format Five (5) hard copies of the updated combined “estimate of probable costs” One (1) electronic copy of the “estimate of probably costs” in excel format
Hollister Avenue/SR-217 Interchange Modifications,
Ekwill Street & Fowler Road Extensions
List of Anticipated Plan Sheets
Code
Qty
Description
35%
Submittal
65%
Submittal
95%
Submittal
Final
Submittal
T 1 Title Sheet X X X X
G 1 General Notes X X X
CC 3 Construction Control plan X X X
XS 1
1 2
1 Ekwill Street typical sections
Kellogg Ave typical sections
Hollister Avenue/Dearborn
Place/Ward Ave/SR-217
Ramps typical sections
Fowler Road/Fairview
Avenue typical sections
X
X
X
X
X
X
X
X
X X
X X
X X
X X
L 5
1 1
8 4
Ekwill Street roadway
layout Pine Ave roadway
layout Kellogg Avenue
roadway layout Hollister
Avenue/Dearborn
Place/Ward Ave/SR-217
Ramps roadway layout
Fowler Road/Fairview
X
X
X
X
X
X
X
X
X
X
X
X
X
X X
X
X
X
X X
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Avenue roadway layout
P 5
1 1
8 4
Ekwill Street roadway profile
Pine Ave roadway profile
Kellogg Avenue roadway
profile Hollister
Avenue/Dearborn
Place/Ward Ave/SR-217
Ramps roadway profile
Fowler Road/Fairview
Avenue roadway profile
X
X
X
X
X
X
X
X
X
X
X
X X
X X
X
X X
X X
CD 3
5 ADA ramps, misc.
Roundabout
layout/grading
X
X
X X X X
D 5
1 8
4 Ekwill Street drainage plan
Kellogg Avenue drainage
plan Hollister
Avenue/Dearborn
Place/Ward Ave/SR-217
Ramps drainage plan
Fowler Road/Fairview
Avenue drainage plan
X
X
X
X
X
X
X X
X
X
X X
D
2 6
2 4
Old San Jose Creek culverts
(assumed precast arches)
Drainage profiles
Drainage details
Drainage quantities
X
X
X
X
X
X
X
X
X
X
X
X
WPC 5
1 8
4 2
4 Ekwill Street water pollution
control plan
Kellogg Avenue water
pollution control plan
Hollister Avenue/Dearborn
Place/Ward Ave/SR-217
Ramps water pollution
control plan Fowler
Road/Fairview Avenue water
pollution control plan Water
Pollution Control details
Water Pollution Control
X
X
X
X
X
X
X X
X
X
X
X
X X
X
X
X
X
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quantities
U 5
1 4
8 Ekwill Street utility plan
Kellogg Avenue utility plan
Fowler Road utility plan
Hollister Avenue utility plan
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
SC 3
4 3
Ekwill Street RBA
staging Hollister Ave
RBA staging Fowler
Road RBA staging
X
X
X
X
X
X
X
X
X
X
X
X
TH 4
1 12
4 Ekwill RBA traffic handling
Kellogg Ave traffic handling
Hollister Avenue/Dearborn
Place/Ward Ave/SR-217
Ramps traffic handling
Fowler Road traffic Handling
X
X
X
X
X X
X X
X X
X X
PD/S 5
1 8
4 2
4 Ekwill pavement delineation
& sign plan
Kellogg pavement delineation
& sign plan
Hollister Avenue/Dearborn
Place/Ward Ave/SR-217
Ramps pavement
delineation & sign plan
Fowler Road/Fairview
Avenue pavement
delineation & sign plan
Pavement delineation & sign
details
Pavement delineation & sign
quantities
X
X
X
X
X
X
X
X X
X
X
X
X
X X
X
X
X
PP/IP 5
Ekwill landscaping and
irrigation
plan
X
X X X
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1 8
4 2
Kellogg landscaping and
irrigation plan
Hollister Avenue/Dearborn
Place/Ward Ave/SR-217
Ramps landscaping and
irrigation plan Fowler
Road/Fairview Avenue
landscaping and irrigation
plan Landscaping and
irrigation details
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
PP/IP 4
Landscaping and irrigation
quantities
X X X
E 2
3 Hollister/Kellogg Traffic
Signal Mod
Street lighting plan and details
X
X
X X X X
S
2 4
Pre-Cast Culvert Foundation
Plans
Retaining Wall Plans
X
X
X X X X
220 TOTAL
10.2 AMENDMENT 3 SCOPE. The extra work in this phase is a continuation of the work resulting from the same issues in Task 9.1 for that portion of the work that had been advanced past the 65% level.
10.3 AMENDMENT 5 SCOPE. FOWLER ROAD.
The Fowler Road Extension Project was originally designed to extend out to Fairview Avenue on the west. Due external issues the City has directed DHA to reduce the project limits of Fowler Road to terminate at future Technology Drive. The project will follow the same horizontal alignment, with the addition of a knuckle at the Technology Drive intersection. The vertical profile design and roadway drainage design will need to be revised to best fit the new project layout. The revised drainage design will include re-grading the existing ditch out to Old San Jose Creek. This scope change will require revisions to the already well advanced 95% design for Fowler Road, including the modifications of many plan sheets specifications and estimate.
10.4 : AMENDMENT 5 SCOPE. ADDITIONAL SUBMITTAL TO CALTRANS.
The project was originally scoped for three submittals to the City during Final Design:
65%, 95%, and a Final Submittal. The original scope included a 65% PS&E submittal for Caltrans Local Assistance review. Caltrans is now requiring a draft of the final submittal, i.e., a 100% PS&E Submittal. This new submittal will include Caltrans design review of all Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 78 City of Goleta
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three portions of the project: the Hollister Avenue/Route 217 Roundabouts, the Ekwill Street Extension, and the Fowler Road Extension.
10.5 : AMENDMENT 7 SCOPE. REDESIGN OF ROUNDABOUITS ON HOLLISTER.
Redesign of the Hollister Avenue Roundabouts to comply with 2020 guidance.
10.6 : AMENDMENT 7 SCOPE. PEER REVIEW.
Accommodation of design changes resulting from City of Goleta Independent Peer Review Team.
10.6 : AMENDMENT 7 SCOPE. STREET LIGHT DESIGN.
Design modifications to accommodate City owned streetlights for Project.
10.7 AMENDMENT 8 SCOPE. 95% PS&E Revisions
These tasks are additional work and revisions to the 95% PS&E package, including:
1. External review comments – Revisions to the Plan and Special Provisions in response to the City Peer Review comments.
2. Yardi/UPS driveway details.
3. Winslow Development – coordination with City and impact to Ekwill Street design.
4. Specification updates to encompass all the permit conditions.
5. Meetings with Caltrans and exhibits prepared for the appraiser and property owner related to changes to access control along Ward Drive.
6. Incorporating requested changes to the Plans and Specifications as a result of the Regional Water Quality Control Board and Caltrans comments with regards to elimination of the storm water treatment areas within the State’s right of way, and the related modifications to the storm drain design, planting plans, and hardscaping.
7. Responding to and incorporating additional comments from Caltrans traffic operations and design branches regarding roundabout geometrics and the Design Standard Decision Document.
LIST OF DELIVERABLES
PS&E updates
TASK 11: FINAL CONTRACT PACKAGE
11.1 ENGINEERS ESTIMATE. Consultant shall prepare an accurate and reliable Engineer’s Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 79 City of Goleta
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Estimate to be included in the bid documents. Consultant shall provide a construction quantity and cost estimate with each submittal of plans. The unit costs will be based upon the most current cost information for recent similar projects in the area compiled by the consultant. Consultant's final construction cost estimate will be based upon, and in agreement with, the final items of work with estimated quantities.
11.2 FINAL PROJECT PLANS. The design deliverables will include, but not be limited to:
Providing final improvement Plans on Mylar ready for advertising and bidding, along with “camera-ready” Specifications (including appendixes), and a complete Engineer’s Estimate, all wet seal stamped and signed by a licensed California Civil Engineer. Final plans shall be submitted on Mylar sheets 24” x 36” in size, to a 1”=20’ horizontal scale.
The final plans and specifications shall be delivered to, and become the property of, the City of Goleta.
The design and scope of services shall also include complete and detailed estimate of quantities; construction cost estimate; answers to all questions regarding the design during the design review process; review of the project site to ensure that the Plans are drawn correctly; and attendance at project related meetings.
11.3 CONSTRUCTION SCHEDULE . Consultant shall calculate the amount of liquidated damages and determine the length of time in working days for construction.
11.4 FINAL SPECIFICATIONS . The City will provide the consultant with its boilerplate Specifications and Technical Provisions in Microsoft Word format.
Consultant shall be responsible for compiling the Project Specifications which are to be based upon the latest Caltrans Standard Specifications and the latest Caltrans Standard Special Provisions shall be incorporated into the bid documents. Consultant shall provide a write up for the project specific scope of work in the Technical Specifications. The Specifications shall be signed and “wet sealed” by consultant’s Civil Engineer registered in the State of California, which will constitute a certification that they are complete and ready for bidding purposes and awarding of a contract for construction of the improvements.
11.5 SUBMITTALS:
Consultant shall submit three (3) sets of bound copies of the design drawings, including cross-sections, with each submittal for checking by the City, along with the previous red lined submittal prints. The design drawings should be as complete, accurate, and error - free as possible before Plan checking is considered, in order to reduce the number of Plan checks required and related costs therefore to the City and Consultant. Each submittal is to include documentation of QC checks completed by consultant prior to submission for City review. Submittals shall be at the 35%, 65%, and 95% and Final design stages.
Consultant shall submit three (3) sets of the contract specification documents with each submittal for checking by the City, along with the previous check prints. A disk in Microsoft Word format containing the final Contract Documents shall be submitted to the City.
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 80 City of Goleta
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The design shall include new improvements within existing State right -of- way or right-of-way to be acquired by the Project that will become State-owned improvements upon final completion of the Project. Consultant’s design shall therefore require the review and approval of Caltrans. This review process shall be in accordance with Caltrans procedures. Consultant shall prepare, submit, and coordinate with Caltrans all required PS&E documents through final approval of the design on behalf of the City. The City will review all PS&E documents prior to their submission to Caltrans.
Prepare RE File and Materials Information Handbook.
11.6 AMENDMENT 8 SCOPE. Value Engineering; Reduce Overall Construction Costs/Scope Reductions
This task includes assessing and implementing changes to the PS&E in order to reduce the overall construction costs of the project includes assessment of design changes to the Ekwill Street crossing at Old San Jose Creek.
LIST OF DELIVERABLES
Cost reduction matrix
Revised PS&E changes for cost reduction
11.7 AMENDMENT 9 SCOPE. Revision to 95% PS&E.
Additional effort is required by Consultant to accommodate extensive Caltrans comments at the 95% PS&E. The additional effort includes:
Consultant shall make design revisions to the Hollister Ave roundabouts and develop new design options for Ward Drive to accommodate an updated Roundabout Performance Check. Consultant. Consultant shall implement selected design option and make all necessary design changes to plan set and specifications. Consultant shall convert the roundabout performance check exhibits from AutoCAD to MicroStation (merged DGN) and update the Design Standard Decision Document (DSDD) to reflect the agreed upon Ward Drive design option
Consultant shall prepare modifications to the Stage Construction, Traffic Handling, Traffic Management Plan, and Specifications, to accommodate two Caltrans two adjacent construction projects ongoing at the same time as the project. Consultant shall support the City’s extensive public outreach prior to construction.
Consultant shall accommodate Caltrans request to remove pervious concrete pavement and under-sidewalk drains along Hollister Avenue requiring additional drainage calculations, a new Caltrans drainage report, SWDR modifications, extensive plan and exhibit revisions, revisions to landscape/irrigation plans, and update to the Storm Water Management Plan.
Consultant shall redesign Fowler Road and Ekwill Street to remove the use of previously designated Temporary Construction Easements (TCE’s).
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 81 City of Goleta
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Consultant shall revise soil-nail retaining wall design at the SB Route 217 Off- Ramp per Caltrans review comments and make associated changes to the Specifications and cost estimate.
Consultant shall revise the Mitigation Plans and Temporary Water Pollution Control Plans to accommodate requests from the California Coastal Commission.
Consultant shall revise the landscaping plans along Hollister Avenue as a result of the removal of stormwater retention facilities.
Consultant shall prepare Construction Staging Plans to show one stage per plan sheet.
11.8 AMENDMENT 10 SCOPE - Final PS&E Revisions
In general, this scope includes coordination and requested modifications to the Final PS&E and reports and include:
Right of way modifications due to temporary construction easement and encroachment permit issues.
Additional design related meetings with CITY for design review, utilities, and field review.
The Ekwill Street detailed electrical design.
Prepare additional potholing request exhibits.
Prepare bus stop alternative exhibits on Hollister Avenue.
Attend filed meeting project walk through and update design based on current field conditions.
Prepare Fowler Road property conform options between Fowler Road and Technology Drive.
Update Fowler Road right of way exhibits.
Update utility plans and project plans due to utility changes.
Revise intersection of Ekwill Street and Kellogg Way south to allow turning movements to and from the south leg of Kellogg Way.
Revise bottomless culvert and wingwalls at Old San Jose Creek.
Remove retaining wall in central island of roundabout at Pine Avenue.
Revise bioretention areas to match changes to central island and under-sidewalk drain revisions along Ekwill Street.
Revise drainage systems per CITY comments.
Add slurry seal at Fairway and Kellogg Way
Add removal sheets per City requirements.
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Add 2nd conduit for all electric system road crossings on Ekwill Street and Hollister Avenue.
Remove quantity sheets from plans.
Specification changes to coordinate City standards and City boilerplate specifications.
LIST OF DELIVERABLES
PS&E updates
Exhibits and updates.
TASK 12: RIGHT OF WAY ENGINEERING
12.1 Right of way engineering tasks shall be performed primarily by MNS Engineering under the direction of consultant. This task is to prepare the required maps, legal descriptions, deeds, sketches, and back up data to support the right of way acquisition effort. The RW Engineering shall be performed per the Caltrans RW Manual. A Record of Survey shall be prepared for each of the three project locations as soon as the alignments are finalized. These maps will show the new roadway alignments and serve not only as a way to retrace the corridors in the future, but also to make the legal description process much less tedious and time-consuming. The maps will also show all property monuments recovered in the retracement process allowing for the preservation of those locations.
12.1.1 Consultant shall prepare records of survey for each project location and file with the County Recorder. Monuments shall be set to facilitate recovery of the alignments and to serve as initial, local project control for construction.
12.1.2 Consultant shall determine the precise areas needed for permanent and temporary easements and for areas of interagency transfer. It is anticipated that approximately 33 permanent (private and interagency combined) fee or easements and 20 temporary construction easements (including 2 possible staging areas not yet defined) wi ll be required.
12.1.3 Consultant shall prepare appraisal maps for each of the three project locations identifying the parcel number, owner, type of easement, size of easement and remainder size. Parcel numbers for State R/W changes will receive State-designated number. Parcel numbers for City of Goleta shall be assigned distinct numbers related to assessor’s numbers, property addresses or other suitable system.
12.1.4 Consultant shall provide updates to the existing project Right of Way Needs spreadsheet to accompany the appraisal map for appraisal and acquisition agents.
12.1.5 Consultant shall prepare legal descriptions for each parcel to be acquired for temporary or permanent use.
12.1.6 Consultant shall prepare legal descriptions for existing easements to be quitclaimed to the City or State (if any).
12.1.7 Consultant shall prepare legal description and sketch for abandonment of Kellogg Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 83 City of Goleta
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Place for use by the City in the abandonment and conveyance process.
12.1.8 Consultant shall prepare sketches for all non-state related acquisitions.
12.1.9 Consultant shall maintain separate parcel files for each acquisition containing information such as title reports, existing easements, descriptions of parcels to be acquired or relinquished, vesting deeds and basic parcel information.
12.1.10 Consultant shall coordinate with City of Goleta real property, City of Santa Barbara real property, Caltrans R/W, project engineer and appraisal and acquisition personnel and support them during the acquisition process.
12.1.11 Consultant shall prepare final R/W map for the Highway 217 corridor for filing by Caltrans.
12.2 Under the direction of consultant HJA shall obtain current updated preliminary title reports for the properties subject to acquisition.
12.3 AMENDMENT 3 SCOPE. Engineering for additional R/W work is needed:
The additional right of way work includes increasing the parcel requirements from an estimated 53 to an estimated 60 parcels. Several original parcels have been removed and replaced with right of entry permits, but still require the creation of the parcel legal descriptions. Several changes have been made to the alignments for Ekwill and Hollister, resulting in needs to change appraisal maps, legal descriptions, plats, and closures and to conduct the QA/QC for each change.
Research and review of prior rights information provided by Goleta Water District to aid in the City’s evaluation of GWD claims. Preparation of a Prior Rights Report Additional survey work related to RW for staking proposed right of way limits for several parcels.
Prior Rights Research and correspondence, and underlying fee determination for portions of Kellogg Way and Kellogg Ave that may be included in property swap.
Coordination, meetings, changes and preparation of plats, legal descriptions, closures, and review, signing and distribution for the additional parcels.
12.4 AMENDMENT 6 SCOPE. Revise right of way maps and legal descriptions to conform with the requirements by Caltrans.
12.5 AMENDMENT 8 SCOPE. Right of Way Engineering
This task includes work for Hamner, Jewell & Associates for appraisals, appraisal reviews, and acquisition work for denial of access rights added by Caltrans on AP# 071- Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 84 City of Goleta
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140-064 (Giorgi) parcel, TCE extensions on parcels 071-130-081 (600 Pine Partners LLC) and 071-130-069 (BT-Oh LLC), as well as TCE extensions for Catalina Barber, Sanders Hotel, BT -Oh, LLC (UPS) and Kellogg LLC, and Caltrans Right of Way Certification support and processing of required RW items with Caltrans.
LIST OF DELIVERABLES
Appraisals and appraisal reviews
Caltrans ROW Certification support
TASK 13: RIGHT OF WAY APPRAISALS
Consultant shall oversee and direct Hamner, Jewell & Associates (HJA) in the appraisal and acquisition of right of way for the project.
13.1 Under the direction of consultant, HJA shall obtain appraisals from a state licensed real estate appraiser, prepared in conformance with state laws and Caltrans guidelines, as required to set the basis of right of way purchase offers to private property owners by the City. All appraisals shall be submitted to the City for review and pre-approval prior to purchase offer presentations. If project funding requires formal third- party appraisal reviews, this proposal assumes Caltrans staff shall provide the required appraisal reviews. This scope does not include any appraisal of public lands held by City, County, County Flood Control, or State; it is assumed that appraisals will only be required for the acquisitions of private properties listed in Task 14.
13.2 AMENDMENT 3 SCOPE. The following parcels have been added since the original scope was prepared:
AP 071-130-062 Yardi/Torridan This parcel was not on the original list but has been identified as requiring an
acquisition.
PTR and appraisal will be required. Entry
coordination for project studies required.
AP 071-130-049 Goleta Business
Park
This parcel was not on the contract list but
has been identified as requiring an
acquisition. PTR and appraisal are required.
AP 071-130-040 Towbes (TCP Pine) PTR obtained for this parcel; access coordination for site studies performed.
Additional permanent r/w acquisition sought.
Appraisal may be required.
AP 071-140-053 Kunze No PTR requested, TCE may be avoided however some coordination may be
necessary in conjunction with driveway
access
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 85 City of Goleta
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AP 071-140-064 Giorgi PTR requested for this out-of-scope parcel; evaluation support regarding Caltrans denial
of access requirement.
AP 071-190-034 Kellogg Ave LLC New TCE required for retaining wall construction; this parcel was not in the
original contract scope of work. Assume
TCE without
AP 071-190-035 SYCAL Properties Right of Entry for Driveway conform added/required
AP 071-170-061 Himelsein Right of Entry for Driveway conform added/required
AP 071-170-062 See Family Trust Right of Entry for Driveway conform added/required
AP 071-170-063 Antonucci Right of Entry for Driveway conform added/required
AP 071-170-064 Antonucci Right of Entry for Driveway conform added/required
AP 071-140-068 Catalina Barber Right of Entry for Driveway conform added/required
AP 071-140-056 Bottiani Right of Entry for Driveway conform added/required
13.3 AMENDMENT 6 SCOPE. UPDATE APPRAISALS.
Revise and update appraisals for parcels affected by the changes resulting from Caltrans requirements to keep the Ekwill Fowler Project independent for right of way work.
13.4 AMENDMENT 7 SCOPE. UPDATE TCE’s.
Revise and update appraisals for Temporary Construction Easements (TCE’s) throughout Project.
13.5 AMENDMENT 9 SCOPE. Right of Way Appraisals and TCE Extensions.
Consultant shall provide additional support for approval of access denial acquisition on Ward Drive and secure TCE extensions throughout the project.
TASK 14: RIGHT OF WAY ACQUISITION
Under the direction of consultant HJA shall prepare offer packages based upon the appraisals, for presentation to each involved property owner. Offer packages shall include an offer letter, Appraisal Summary Statement, proposed Acquisition Agreement, and Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 86 City of Goleta
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Deed. Consultant shall present these documents for City review and pre-approval prior to presenting offers to property owners. Concurrently consultant shall seek Caltrans review and approval of the appraisals, prior to proceeding with making the purchase offers. If requested by the City, consultant shall have the limits of right of way acquisition staked in the field with lath and flagging to assist in visualizing the limits of the right of way being acquired. After offer presentation, consultant shall handle all follow up negotiations in pursuit of mutually acceptable amicable purchase agreements with each owner to finalize the property purchases. For any purchase efforts that do not culminate in mutually acceptable amicable agreements, consultant shall coordinate with City and, if appropriate, with the City Attorney’s office in conjunction with any required Necessity Hearing scheduling. For those on which we reach final agreements, we would process all documents for necessary approvals and coordinate escrows, title insurance, and closings. This project shall also require a residential relocation. Consultant shall provide relocation assistance in conformance with the California Government Code and, if federal funding is involved, in accordance with the provisions of the federal Uniform Act.
Relocation assistance shall include interviewing tenants, providing required noticing, conducting market surveys to set benefit levels and identify potential replacement sites, present the tenant with referrals to potential replacement housing options, provide moving bid coordination, claim preparation and processing, and payment distribution and payment receipt documentation. Consultant shall also prepare a Relocation Plan in advance of making the property purchase offers and triggering relocation eligibility.
Consultant shall draft any required Right of Way Certification.
Following is the list of parcels included in this proposal:
Assessor’s Parcel Number Owner Type of Acquisition
071-130-051, -006 Mauracher Partial
071-170-080, -083, and -079 University Properties Partial and Full 071-170-082 Winnikoff Trust Partial
071-130-023 McPage Enterprises Partial
071-151-011 McLeans Auto Body
& Paint
Partial
071-140-067 and -068 Catalina Barber Corp Full/Exchange 071-090-078 DLC Enterprises Partial
071-090-036 Newland Partial (+ Relocation)
071-090-007 Islay Investments Partial
071-140-046 Bottiani Partial/ Exchange
071-330-009 Jurkowitz Trust Partial
14.1 AMENDMENT 3 SCOPE. The original scope of services is amended to provide:
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An independent fee reviewer to comply with Caltrans review appraisal requirements. (Original scope assumed Caltrans would provide this service).
Due to timeline differentials with obtaining environmental clearances and funding, the Newland and Bottiani parcels now have different appraisal and offer descriptions.
Acquisition for the parcels listed under Task 13.2 above.
14.2 AMENDMENT 4 SCOPE. The original scope of services is amended to provide:
Additional effort related to unanticipated prolonged and complicated acquisition negotiations on several properties.
Additional effort related to support services for the City’s filing of a Resolution of Necessity for five parcels.
Additional effort relayed to required revisions to existing appraisals for certain properties.
14.3 AMENDMENT 5 SCOPE. Due to the changes to the Fowler Road project, there is additional Right of Way work that must be completed. The new knuckle at the western end of Fowler Road at Technology Drive will require a small right of way acquisition as well as modifications to the Temporary Construction Easement at the same parcel. At this point in the project, the majority of the right of way work has been completed for the Fowler Road project, and escrow has closed for the Temporary Construction Easement.
Additional work is therefore required to obtaining a Preliminary Title Report, Appraisal, and Acquisition. The additional effort includes work for subconsultant MNS for surveying to complete the appraisal map, and for subconsultant Hamner, Jewell & Associates to complete the appraisals and acquisition work.
14.4 AMENDMENT 6 SCOPE. Revise and update acquisition work for parcels affected by the changes resulting from Caltrans requirements to keep the Ekwill Fowler Project independent for right of way work. Extend the work required for ongoing negotiations with other parcels that have expanded into protracted negotiations.
TASK 15: UTILITY COORDINATION
Consultant shall provide utility coordination throughout the project in accordance with Chapter 13 of the Caltrans’ Right of Way Manual as required. This task involves communicating the City’s project to the utility owners within the project limits and working with them to complete their plans and relocations for those utilities that conflict with the proposed project. Anticipated work under this task is as follows:
15.1 VERIFY EXISTING UTILITIES : Collect available utility information and review the topographic base map in order to identify existing utilities. A utility base map shall be prepared and sent to utility owners for verification. Part of the verification process is to obtain additional utility information from the owners such as as-built record drawings and atlas sheets, as well as determining the facility’s function.
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 88 City of Goleta
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Finally, the utility base map is revised using the utility owner provided items and information our team has developed over the course of the task.
Utility Base Map: Prepare a utility base map to be used in conjunction with the topographic base map. Essentially, this base map documents the best available utility location information such as: USA markings; interpretation of as - built record drawings and utility atlas sheets; and pothole information.
Utility Matrix: Prepare a utility matrix to organize and document in one location all the utility coordination activities including: owner; contact name, telephone, and facsimile numbers; mailing and physical addresses; email addresses; dates and methods of communication; description of effected utility; method of conflict resolution, if any; status of relocation plans, if any; etc.
This matrix is provided to the City and utility owners to provide a transparent understanding of all the utility locations, conflicts, and issues to all potentially affected stakeholders. For example, often cable TV and telephone facilities are carried on electric poles. Using the matrix, the cable TV/telephone representatives can get a clear understanding of the project impacts to poles which they are on, but over which they have little to no control over.
Utility Letter A (Verification) Package: Letter, matrix and associated plans that outline the proposed design and right-of-way, and existing utilities as mapped in the field. This letter puts the utility owner on notice that the City is intending to construct a project that may affect their facilities.
As-Built Record Drawings: A primary function of the Utility Letter A is to gather and incorporate into the utility base mapping any utility owner record drawings or other pertinent information.
15.2 POSITIVE IDENTIFICATION AND DETERMINATION OF LIABILITY: Prepare and execute a potholing plan to provide positive identification and location of utility facilities that may conflict with the project.
High-risk vs. low-risk utility facilities will also be identified.
Potholing: Obtaining positive location information of underground utilities that may be in conflict with the proposed project improvements, and all high-risk utilities within the project limits. The potholes will be surveyed and added to the project topo maps. Since the exact number of potholes cannot be determined in advance, consultant has assumed approximately two full days of potholing activity will be needed.
Utility Letter B (Request for Relocation Plans) Package: Letter, updated matrix and associated plans that identify potential utility conflicts and approximate relocation schedules. This is a formal coordination letter that identifies the relocation work and schedule required to complete the relocations. Packages shall be sent to all utility owners within the project limits – regardless of potential conflict or not – in order to provide transparency of all utility coordination.
Relocation Parameters: Provide utility relocation parameters for utility Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 89 City of Goleta
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owner relocations plans.
15.3 COORDINATE RELOCATION : Coordinate any and all modifications, changes, or relocations of existing underground and/or overhead utilities with respective utility companies. Where feasible, every effort shall be made to complete any and all modifications, changes, or relocations of existing underground and/or overhead utilities prior to construction.
Should the utility companies or the City decide to underground existing overhead utilities as part of the relocation, or desire the installation of conduits for future undergrounding or expansion of their facilities, Consultant shall work with the respective utility companies to incorporate their design into the plan set and assist in the development of cost sharing between the utility companies and the City in the utility relocation agreements for the additional cost of trenching, conduits, vaults, etc. associated with the undergrounding.
The design of any “dry” utilities (overhead or underground) is not a part of this scope of work.
This scope of work assumes that the City shall prepare any utility relocation agreements.
Schedules and progress reports for utility efforts shall be prepared. Plans and cost estimates provided by the utility companies shall be reviewed and recommendations shall be made.
Field Meetings: Attend field meetings with utility owner representatives.
Utility Specifications : Prepare special provisions relating to utility coordination during construction including timing and duration of construction windows for utility relocations performed by owner’s forces.
Utility Plans: Finalize utility plans for contract documentation plan set.
Utility “C” Letter (Notice to Owner) Package: Letter, updated matrix and final project plans that show location and elevation of existing utility and the proposed utility relocations. This letter satisfies the requirements in regard to utility conflicts.
RE Pending File: The last step of this task is to provide documentation of the utility coordination effort for the City and the RE Pending file. This will provide the City with
15.4 AMENDMENT 3 SCOPE. Expanded utility coordination due to the presence of several mainline trunk utilities that run along Hollister Avenue. Utility relocation efforts for these facilities are going to require additional potholing (20 original vs. 60 now), along with intensive coordination to accomplish the staged construction on Hollister Avenue.
15.5 AMENDMENT 5 SCOPE. The utility coordination process has proven to be much more extensive than originally scoped. The level of coordination and utility design for the Hollister Avenue/Route 217 Roundabouts has proved to be more extensive than originally scoped and requires extension additional coordination with the Hollister Avenue Bridge project, as well. Amendment 5 addresses the additional work by DHA to complete the Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 90 City of Goleta
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utility coordination for the project.
Temporary traffic signal staging plans have expanded to four stages of construction with multiple signal head moves for each stage. Consequently, DHA will secure a new electrical subconsultant (Y&C) to prepare up to an additional 18 plan sheets to accommodate the various stages of construction for the signals and streetlights.
15.6 AMENDMENT 6 SCOPE. Continue coordination with the owners of affected utilities. This coordination will be on-going throughout the remainder of the design project. The work includes coordinating final relocation plans with utility owners, and assisting the City with utility agreements, and preparing the final utility relocation letters.
Upon receipt of comments on the 95% submittal package, facilitate a review session with the City to discuss review comments and resolve any conflicting comments.
Revise the plans to delete the Caltrans style lights and add custom streetlights in the City right of way. Modify technical special provisions to address City comments, changes to the plans, or unique revisions and coordinate them with the City boilerplate.
15.7 AMENDMENT 8 SCOPE. Additional Utility Coordination MNS will continue to coordinate with the owners of effected utilities. This coordination will be ongoing throughout the remainder of the project. The work includes coordinating final relocation plans with DHA designers and utility owners, and assisting the City with utility agreements, and preparing the final utility relocation letters.
15.8 AMENDMENT 9 SCOPE. Additional Utility Coordination.
Consultant shall continue to coordinate with the owners of effected utilities. The work includes coordinating final relocation plans with and utility owners and overseeing/monitoring pre-construction relocations.
LIST OF DELIVERABLES
Final utility relocation letters
Utility Agreement Assistance
TASK 16: MITIGATION MONITORING PLAN
PERMIT CONDITONS SUMMARY TABLE AND PS&E INTEGRATION
16.1 PREPARE SUMMARY TABLE. Once permitting conditions have been finalized Consultant shall compile the Permit Conditions Summary Table, which is comprised of a list of mitigation measures and conditions of approval identified during environmental review and the permitting process. This would comply with Caltrans’ Local Assistanc e Procedures Manual that requires the following be submitted to the District Local Assistance Engineer (DLAE):
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“The local agency shall develop a list of all mitigation as related to NEPA and provide it along with the technical reports and draft environmental document to the DLAE.
The local agency shall certify that all required mitigation has been completed and/or is included in the Final Plans, Specifications and Estimate (PS&E), and that any required ongoing maintenance of mitigation is implemented (23 CFR Parts 635,771, and 772).”
This task will satisfy the Environmental Commitments Record as described in Section 39 of the Caltrans Standard Environmental Reference.
16.2 INTEGRATE ENVIRONMENTAL INFORMATION WITH PS &E DEVELOPMENT. The PS&E specifications sheets and final bid package shall incorporate inputs from the permitting process. The task would involve:
Integrate mitigation measures into the PS&E.
Prepare the Permit Conditions Summary Table and specifications.
16.3 M ITIGATION PLAN. Consultant shall prepare a biological mitigation plan that fulfills all of the requirements of the City’s EIR and provides the biological information needed to support the COE, CDFG, RWQCB, and CCC permit applications (as indicated in Task 6 Permitting). Integrate the compensatory mitigation plan into the biological mitigation and monitoring plan required by Mitigation Measure NA-1 in the EIR (herein referred to as the Mitigation Plan).
The Mitigation Plan shall comprise a biological mitigation and monitoring plan that incorporates all of the biological conditions related to construction of the project, including the “compensatory mitigation plan” required to obtain a section 404 permit from the COE.
The plan shall include protection and replacement of habitats, streams, and wetlands, and measures for the protection of sensitive plants and animals, as described in the EIR.
The compensatory mitigation plan shall include site selection information, a mitigation work plan and maintenance plan, performance standards and monitoring requirements, and long-term and adaptive management plans. The Mitigation Plan shall include t he following components as identified and described in further detail in the EIR:
Protection and replacement of riparian habitat
Native tree inventory and protection plan
Wetland habitat restoration
Pre-construction floristic surveys and compensation
Plant restoration
Construction restrictions for riparian birds and raptors Construction zone housekeeping
Maintenance restrictions
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Avoid/minimize impacts to least Bell’s vireo
The following tasks shall be implemented in order to create the Mitigation Plan:
16.3.1 COMPENSATORY MITIGATION SITE SELECTION . Select specific sites for restoration, enhancement and/or creation required to complete the Mitigation Plan and obtain key permits. The City shall provide descriptions of potential available locations and acreage suitable for compensatory mitigation. Consultant shall make recommendations to the City regarding the locations for the compensatory mitigation site(s).
16.3.2 FIELD VISITS AND GROUND -TRUTH DATA . Conduct a field visit to verify biological resource information gathered during the preparation of the EIR is accurate and up to date. Map native trees for preparation of the native tree inventory and protection plan.
16.3.3 COORDINATE WITH LANDSCAPE ARCHITECT ON LANDSCAPE AND IRRIGATION PLANS AND SPECIFICATIONS. Provide a restoration biologist to provide input on landscape and irrigation plan drawings and specifications, including plant/seed layouts, palettes, and specifications.
16.3.4 PREPARE DRAFT MITIGATION MONITORING PLAN. Prepare a draft Mitigation Monitoring Plan. The Mitigation and Monitoring Plan will be coordinated with the project landscape plans. The restoration component of the mitigation plan shall include details on restoration locations and habitat types, plant/seed source, plant layouts and palettes, plant and seed installation methods, irrigation methods, restoration schedule, a description of the 5-year maintenance and monitoring program methods, and include the following performance standards:
Native cover must be 70 percent after three years and retain 70 percent coverage by the end of the 5-year monitoring and maintenance period.
Non-native invasive plants, excluding non-native grasses, must remain below 10 percent of total vegetation cover at all times.
Vegetation must survive without supplemental irrigation for at least 2 years.
No single species shall constitute more than 50 percent of the vegetative cover.
Replacement plants shall be monitored for a minimum of 3 years to ensure successful establishment.
The draft Mitigation Plan will be submitted electronically for review and approval by the resource agencies and Goleta.
16.3.5 PREPARE FINAL MITIGATION PLAN. Revise the Mitigation Plan based on comments from agencies and Goleta and prepare a final Mitigation Plan. Submit 10 copies of the final Mitigation Plan to the permitting agencies and Goleta on hard copies or CD as appropriate.
16.4 AMENDMENT 3 SCOPE. Identification of a potential mitigation site on the City of Santa Barbara Airport property along Hollister Avenue and preparation of a preliminary concept paper to facilitate Airport review and approval. Conduct all field surveys, mapping, and conceptual plan preparation for the mitigation sites, including the site on the Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 93 City of Goleta
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Airport property.
16.5 AMENDMENT 5 SCOPE. DHA and URS will prepare the final response to RWQCB comments as related to the Mitigation Plan. URS will amend the Mitigation Plan to reflect the revised project impacts related to the reduction in scope of Fowler Road. The revised Mitigation Plan measures will be incorporated into the PS&E and into a revised Permit Conditions Summary Sheet.
LIST OF DELIVERABLES
Biological inputs for the landscape and irrigation plans Draft Mitigation Plan
Final Mitigation Plan
Draft Revised Mitigation Plan
Final Revised Mitigation Plan
16.6 AMENDMENT 6 SCOPE. Permits 1 through 5. The following activities are needed for updating the environmental documents for the project:
1. Revised Biological Mitigation and Monitoring Plan. Work to be undertaken as part of this task includes, but is not limited to:
Conduct field reconnaissance and desktop analysis to identify potentially suitable replacement mitigation site(s).
Coordinate with the City to identify which replacement mitigation sites are suitable and acceptable.
Prepare updated maps of the suitable mitigation sites illustrating proposed restoration efforts and existing constraints and prepare an associated fact sheet outlining the benefits of the revisions. The maps and fact sheet will be prepared for use by the Project team and the City for discussions with the agencies and the public.
Participate in one meeting with the public for desktop and field review of the suitable mitigation sites.
Revise the 2016 Biological Mitigation and Monitoring Plan once the mitigation sites have been agreed upon by all parties. Please note, only restoration-specific sections will be revised, and the remainder of the plan will remain as previously written.
Coordinate agency submittal and approval of the revised Biological Mitigation and Monitoring Plan.
Coordinate with Rincon Consultants on mitigation-specific aspects of the Environmental Impact Report Addendum. Rincon is conducting revisions to the addendum under a separate contract.
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Assistance. Work to be undertaken as part of this task includes, but is not limited to:
Provide information as needed for mitigation-specific items to City to be incorporated into the application.
Review mitigation-specific text prepared by City.
Revise the one previously prepared EEMP-specific GIS figure per updates to the mitigation sites as described above.
16.7 AMENDMENT 7 SCOPE. SUPPORT TO DEFEND LEGAL CHALLENGE TO EIR ADDENDUM.
Provide support services to the City to defend lawsuit against the EIR Addendum and associated Bio-Mitigation Plan.
16.8 AMENDMENT 7 SCOPE. ACQUIRE NATIVE PLANTS FOR BIO-MITIGATION.
Implementation of plant and seed propagation plan for the Bio-Mitigation Plan with $23,360 deposit so that native plants from the project site can be grown in a nursery.
TASK 17: PROVIDE BIDDING AND CONSTRUCTION SUPPORT
17.1 Consultant shall interpret plans and specifications as required during the bidding process. Attend and participate in a pre-bid meeting with potential bidders. Consultant shall answer questions regarding the Technical Provisions and the design drawings during the bidding process.
This Amendment 5 request includes the time and effort for DHA to complete the extra submittal for Fowler Road and Hollister Avenue/Route 217, and for MNS to compete the extra submittal for Ekwill Street.
17.2 AMENDMENT 6 SCOPE. Consultant shall provide bid period support for the PS&E and associated construction package documents produced by the design team, including items added by earlier amendments. Task is clarified to be only bid period support. Design support during construction will be negotiated and authorized for the CON phase of the project.
17.3 AMENDMENT 8 SCOPE. Additional Bidding Support
This Amendment includes anticipated design support for MNS during the bidding phase.
17.4 AMENDMENT 9 SCOPE. Bidding & Construction Support.
Consultant shall provide design support during construction throughout construction phase of project.
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TASK 18: AMENDMENT 5 SCOPE. ADDITIONAL REPORTS TO CALTRANS.
The project was originally scoped for submittals to City based on preparing standard engineering reports needed for the project. Caltrans requires additional reports to be prepared over and above the original scope. Now that the Caltrans involvement has changed to include the entire project oversight, not just the portion in State right of way, these reports need to be prepared and submitted to Caltrans in their specific format for every segment of the project. The new reports include Design Exceptions, Storm Water Data Reports, and the Traffic Management Plan. This amendment request includes the additional work for DHA to prepare and submit these reports for Caltrans review, including the subsequent report revisions and responses to Caltrans comments. 19 AMENDMENT 9 SCOPE. PEER REVIEWS.
Consultant shall address Peer Review Comments from City independent design review consultant and from City Construction Management Consultant.
19.1 AMENDMENT 10 SCOPE - PEER REVIEWS
This task includes the additional time to address PEER Review Comments from the CITY to resolve and incorporate the PS&E changes.
CITY OF GOLETA RESPONSIBILITIES
Provide basic criteria for project design, record drawings, and preprinted portions of the specifications.
Provide copies of available pertinent City records, such as survey ties, benchmarks, road plans, and record maps the City knowingly has in its possession.
Print and distribute final bid documents, unless requested as an additional service.
Mediate with landowners for access to and provisions for consultant to enter upon private and public lands.
Provide all other required services that cannot, by law, be performed by consultant.
19.2 AMENDMENT 12 SCOPE –BIDDING & CONSTRUCTION SUPPORT Consultant shall provide continued design support during construction throughout construction phase of project.
LIST OF DELIVERABLES
• Traffic Handling Plan updates
• Exhibit updates
• Service Connection Application
• Water Meter Application
• RFI and documentation
19.3 AMENDMENT 12 SCOPE – MONUMENT DESIGN
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This task includes the additional time to design a gateway monument to be constructed within the east roundabout. Detailed scope is as follows:
Phase 1 – Concept and Theming
• Attend Kick Off Meeting with City to confirm scope of work (Virtual Meeting) • Develop up to three (3) conceptual strategies with precedent images, preliminary material selections, and massing options
• Attend Feedback Meeting with City on initial options (Virtual Meeting) • Advance up to three (3) of the concept strategies into preliminary renderings for further review (one rendering per strategy, up to three total) • Attend meeting to select preferred concept for further development (Virtual Meeting)
Phase 2 – Design Review Board Presentation
• Based on selected design option from Phase 1, advance one (1) preferred concept and prepare required documents for Design Review Board • Present at Design Review Board Meeting (Virtual Meeting) • Respond to comments and update documents (up to one revision)
Phase 3 – Final Design
• Coordinate with Caltrans
• Prepare Caltrans Encroachment Permit Application
• Prepare draft architectural, civil, landscape, and electrical plans, specifications and estimate
• Respond to City and Caltrans comments (up to one revision) • Prepare final architectural, civil, landscape, and electrical plans including specifications and estimate
Phase 4 – Construction Administration
• Participate in up to two (2) City/CM/Contractor Meetings (Virtual Meetings) • Review Contractor Submittals (up to six submittals)
• Respond to RFIs
• Attend up to one (1) Site Visit during construction
LIST OF DELIVERABLES
• Concept Exhibits (PDF or PPT) – up to three (3)
• Preliminary Rendering (PDF) – up to three (3)
• Design Review Board Presentation Documents
• PS&E documents (PDF, SSPs in Word)
• RFI documentation
Docusign Envelope ID: 586DD202-A3B5-4156-BB82-767F5F2CAD77 97 City of Goleta
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EXHIBIT B-11
SCHEDULE OF FEES
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By Alicia Cabrera at 12:23 pm, Apr 10, 2026
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ATTACHMENT 5
Amendment No. 2 Professional Services Agreement 2023-025 with Rincon Consultants, Inc.
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City of Goleta San Jose Creek Channel Fish Passage Modification Project Rincon Consultants, Inc. - Scope Of Work
1 Original Proposal January 19, 2023
(Final MND; dated May
2007, with an approved addendum dated April 2008), pursuant to the CEQA. If, during our analysis, we identify any new or additional significant impacts, we will contact the city immediately to discuss an appropriate course of action (e.g., a Subsequent MND). The following tasks are included as part of our proposed scope of work.
The Draft Addendum will serve as a second addendum to the original MND and include an introductory section describing the requirements of an addendum to a final MND, followed by a section that briefly (not include).
The Draft Addendum will also include a discussion and comparison of each environmental issue area analyzed in the 2007 Initial Study included as part of the Final MND to determine whether the current project would result in new significant environmental effects or substantially increase the severity of previously identified significant effects, or if mitigation measures would be considerably different from those in the 2007 Final MND. The Draft Addendum will rely on information and data from a desktop review, the 2007 Final MND, the 2008 Addendum, the Biological Resources Assessment (BRA) for the current project (included in Task 1.4), and the Cultural Resources Technical Report for the current project (included in Task 4) to the extent feasible. Additionally, because the current project will modify weir designs currently included in the Hollister Avenue Bridge Replacement Project, the Draft Addendum will (2015 Final MND). Pursuant to Section 15150, where all or part of another document is incorporated by reference, the incorporated language shall be considered to be set forth in full as part of the text of the current CEQA document. Because the current project components include modifications to both the San Jose Creek Fish Passage Project (as analyzed in the 2007 Final MND and the 2008 Addendum) and the Hollister Avenue Bridge Replacement Project (as analyzed in the 2015 Final MND), the Draft Addendum will discuss the changes in potential environmental impacts related to both projects. In addition to the environmental issue areas analyzed in the 2007 Final MND, since adoption of this Final MND, the topics of Forestry Resources, Energy, Tribal Cultural Resources, Wildfire, and (within Transportation) Vehicle Miles Traveled were added to the Environmental Checklist Form in Appendix G of the . Therefore, the Draft Addendum will also discuss the potential for impacts associated with Forestry Resources, Energy, Tribal Cultural Resources, Wildfire, and Vehicle Miles Traveled.
A Draft Addendum in electronic format (Microsoft Word and/or PDF) for city review One round of consolidated comments on the Draft Addendum will be addressed from the city.
EXHIBIT A-2
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2 Rincon will revise the Draft Addendum based on one round of consolidated comments from the city, to be provided in an electronic, editable format. The Final Addendum will be submitted in electronic format to the city. This scope of work does not include providing documents that are accessible pursuant to the Americans with Disabilities Act (ADA) or printed copies. However, accessible documents and/or printed copies can be provided for an additional fee. Per the , the Addendum does not need decision on the project, Rincon will prepare a Notice of Determination (NOD) for filing by the city.
A Final Addendum in electronic format (Microsoft Word and/or PDF) for city review An electronic version (Microsoft Word and/or PDF) of the Notice of Determination (NOD) for filing by the city
The city will pay all required filing fees.
This task involves management, organization, and coordination with the city over the course of this scope of work. It also includes responding to telephone calls and emails regarding the project, monitoring the project budget and schedule, and other similar tasks. This task assumes meeting/hearing attendance by e Final MND. If
additional meeting/hearing time is requested by the city, a change order will be required.
Rincon will provide a limited update to the previously completed Biological Resources Assessment (BRA).
This update to the previously conducted BRA will largely be a database review to identify and evaluate any newly listed or candidate species to evaluate the potential for them to occur in the project. The following databases may be reviewed as part of the update: the CDFW California Natural Diversity Data Base (CNDDB), USFWS Critical Habitat Portal, California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants of California, and CDFW Special Animals List. This scope of work assumes that no new species with the potential to occur will be identified. The existing regulatory setting section will be updated as needed to reflect recent regulatory changes. The analysis is not anticipated to require substantive updates, and the previously conducted Biological Resources Analysis will not be revised.
Limited field data on vegetation and habitat types gathered as part of Task 2 will be included as well as figures updated with any new data and new project information.
An additional limited field effort will be conducted to inventory the protected native trees within the project site as part of the field effort in Task 2. Some trees in the project site have been inventoried recently (fall and winter 2022) and in the past (10 years ago) as part of the Hollister Avenue Bridge Replacement Project. Data from those efforts will be used to the extent feasible, and expanded where needed. All trees within the project footprint with diameter-at-breast-height (DBH) of 4 inches 1 or greater will be mapped and
tree condition and level of expected impact will be documented. A tree protection zone will be mapped and 1 The City does not currently have a tree protection ordinance in place, but the General Plan Conservation Element (CE; City 2009) Policy CE-9 states that removal of mature native trees shall be mitigated. The General Plan CE-9 does not define mature native trees. As such, to err on the conservative side, mature/protected trees will be defined as any native tree measuring 4 inches or greater in DBH of the largest trunk. This value is based on the County Deciduous Oak Tree Protection and Regeneration Ordinance (County of Santa Barbara 2003), which protects deciduous oak trees measuring 4 inches DBH, although the Project is not required to meet the standards of this ordinance. The same definition was used on the adjacent Hollister Avenue Bridge Project. 117
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3 displayed on a graphic of the project site. The tree protection zone will be defined as the area within the tree dripline out to approximately 5-
methods and results of the tree inventory will then be incorporated into the BRA.
This scope of work does not include agency consultation.
A BRA in electronic format (Microsoft Word and/or PDF) for city review Assumes one round of review and response to comments from the city.
No agency coordination will be necessary.
The limited field work included in this task will be conducted as part of Task 2 and therefore, all time and expenses for the field effort is included in Task 2.
A stand-alone arborist report will not be prepared.
The BRA will include an assessment of the potential impacts to the Sister Witness Tree, as is required. impacts to the tree as a result if the proposed project, which will result in a minimal and straightforward explanation and statement as such in the BRA. However, if the mapping and evaluation of the tree protection zones included as part of this task reveals that project activities may result in impacts to the Sister Witness Tree, additional impact assessments may be necessary and can be provided under additional authorization.
Rincon will conduct a review of potential jurisdictional waters within the project footprint, specifically San Jose Creek and any adjacent wetlands/waters, using the most current regulatory guidance and methodologies provided by the USACE, CDFW, and CCRWQCB. This review will build on and reference previous reviews completed within the project. The final determination regarding jurisdictional resources jurisdictional waters. All potential wetlands and non-wetland waters of the U.S. (WOUS) will be delineated onsite, in accordance with the following:
Wetlands Delineation Manual (Environmental Laboratory 1987) Guidelines for Jurisdictional Determinations for Waters of the United States in the Arid Southwest (USACE 2001)
Regulatory Guidance Letter No. 05-05: Ordinary High Water Mark Identification (USACE 2005) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (USACE 2008a)
A Field Guide to the Identification of the Ordinary High-Water Mark (OHWM) in the Arid West Region of the Western United States (USACE 2008b)
Updated Datasheet for the Identification of the Ordinary High-Water Mark (OHWM) in the Arid West Region of the Western United States (USACE 2010)
Code of Federal Regulations sections that pertain to factors constituting the OHWM for non-wetland The California Coastal Act (California Coastal Commission 2022) 118
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4 Potential CDFW jurisdiction will be delineated in accordance with Section 1602(a) of the California Fish and Game Code (CFGC), including streambeds to the top of the bank and associated riparian vegetation, whichever is greater.
top of the physical bank or the landward dripline of riparian vegetation, whichever is broader.
The results of the jurisdictional delineation will be presented in a Jurisdictional Delineation Report (JDR) suitable for submittal as an attachment to the permit applications/notifications discussed below for this project. The JDR will include a discussion of methodologies and results that detail the background information, field observations and data collected, and a summary of findings. Using a recent high- resolution aerial photograph and topographic map of the project site, Rincon will overlay data collected using a Global Positioning System (GPS) unit capable of sub-meter accuracy to identify data collection locations and other pertinent biological information for submittal with the report. A project location map, data observation forms, a vegetation community map, and a delineation map will also be included.
Jurisdictional Delineation Report (JDR) for USACE, CCRWQCB, and CDFW permit applications/notifications
Only one field survey day will be required to conduct the formal jurisdictional delineation and limited field efforts as noted in Task 1.4.
One round of comments on the JDR from the city.
Access and permission to enter will be provided to Rincon in writing prior to the field survey.
No access issues will be encountered during any of the pedestrian surveys.
Based on basic project information for this stream improvement project, the project is anticipated to require a federal Clean Water Act (CWA) Section 404 permit from the USACE and the issuance of a Water Quality Certification (WQC) from the CCRWQCB pursuant to Sections 404 and 401 of the CWA. It is assumed that the project will qualify for the USACE Nationwide Permit (NWP) Program and not require a higher level of authorization. A Streambed Alteration Agreement (SAA) from the CDFW pursuant to Section 1600 of the CFGC is also anticipated to be required. As San Jose Creek is designated steelhead trout critical habitat, a Section 7 consultation with the NMFS will be required. Due to the nature of the project (fish habitat restoration), an alternatives analysis and Compensatory Mitigation Plan are not anticipated to be required, and therefore will not be prepared under this scope. The limited impacts to trees and willow habitat will likely result in agency-requested restoration, and therefore a Restoration Plan will be prepared.
Rincon will work closely with the city to quickly identify and gather the appropriate application documentation for the project and coordinate with the agencies to help ensure the permitting process is completed as quickly and efficiently as possible. Rincon will provide the city with the completed application packages for review and comment prior to submittal to the resource agencies. The following tasks include anticipated services necessary to obtain permits/authorizations for proposed impacts to jurisdictional waters onsite.
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5 Under Section 404(e) of the CWA, the USACE can issue NWPs to authorize activities that have minimal individual and cumulative adverse environmental effects. Rincon anticipates that NWP 27 for Aquatic Habitat Restoration, Enhancement, or Establishment Activities will be applicable to the project. As part of this proposed scope of work, Rincon will prepare a USACE Pre-Construction Notification (PCN) checklist for NWP 27 and supporting documents. Rincon will rely on waters data collected in Task 2 for the project to determine limits of jurisdiction. Rincon will submit the PCN package to the city for review, incorporate one round of requested changes, and upon approval, submit the package to the USACE unless otherwise directed.
A PCN package for NWP 27, including the PCN checklist, JDR, required maps, and project information NWP 27 will be available and applicable for the project.
PCN is accepted by USACE on first submittal (i.e., applications deemed complete).
Previously gathered aquatic resources data can be utilized for this project.
Project design plans, including GIS files denoting the limits of permanent and temporary disturbance, will be provided by the city.
4 of this scope of services, and additional review will not be required.
If project design details change during the permitting process, additional Rincon effort and cost will be required.
The USACE will not require an evaluation of alternatives.
The USACE will view the project as restoration and not require mitigation.
One round of comments on the PCN package from the city.
Section 401 of the CWA requires that any person applying for a federal permit or license, which may result in a discharge into WOUS, must obtain a WQC that certifies the activity complies with all applicable water quality standards, limitations, and restrictions. An individual WQC is anticipated to be necessary. Rincon will request a virtual pre-application meeting with the CCRWQCB and coordinate with CCRWQCB staff to confirm certification requirements in accordance with the U.S. Environmental Protection Ag Clean Water Act Section 401 Certification Rule. Rincon will prepare a WQC application and supporting documentation, provide it to the city for review and comment, incorporate one round of requested changes, and upon approval, submit the application to the CCRWQCB unless otherwise directed. Based on the final site plans, Rincon will calculate the anticipated CCRWQCB application fee. Based on the nature of the project, an analysis of alternatives is not anticipated to be required and therefore not included in this scope of services.
Application for CWA Section 401 WQC and supporting documentation Rincon will request and attend one (1) virtual pre-submittal meeting with CCRWQCB staff, concurrent with USACE, and CDFW staff (not to exceed two [2] hours). 120
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6 WQC application package will be accepted by CCRWQCB on first submittal (i.e., applications deemed complete).
The CCWQCB will not require an evaluation of alternatives.
The CCWQCB will view the project as restoration and not require mitigation.
One round of comments on the WQC application package from the city.
The city will be responsible for the WQC application fees and will coordinate the payment of these fees.
The project is anticipated to require a SAA under Section 1600 of the CFGC. CDFW requires notification through submittal of a Notification of Lake/Streambed Alteration (Notification). Rincon will request a virtual pre-submittal meeting with CDFW and coordinate with CDFW staff to confirm notification requirements, including the CDFW fisheries team. Rincon will prepare the Notification and supporting documentation, provide documentation to the city for review and comment, incorporate one round of requested changes, and upon your approval, submit the application to the CDFW, unless otherwise directed. As part of the application, payment of a fee to the CDFW is required and dependent on the project cost.
A CDFW SAA Notification and supporting documentation
Rincon will request and attend one (1) virtual pre-submittal meeting with CDFW staff (concurrent with USACE, and CCRWQCB staff) (not to exceed two [2] hours).
CDFW input on notification requirements, including from the fisheries team, will be provided during the pre-submittal meeting.
The CDFW will view the project as restoration and not require mitigation.
Permit application is accepted by CDFW on first submittal (i.e., applications deemed complete).
Basic description of project and site conditions and potential for species to occur will be consistent with the information prepared as part of the CEQA addendum in Task 1.
One round of comments on the Notification package from the city.
The city will be responsible for the Notification fees and will coordinate the payment of these fees.
Once the applications are submitted, ongoing coordination with the USACE, CCRWQCB, and CDFW is needed to answer questions and help ensure that any potential issues are identified and resolved at the earliest possible opportunity. Coordination may include telephone, email, and/or written correspondence.
Rincon will provide up to 40 hours of support post-submittal of the applications/notifications outlined in Tasks 3.1 through 3.3. This support may include requests for additional information, responses to nterests and
schedule. Should additional time be necessary in excess of the 40 hours, Rincon will notify the city prior to exhaustion of this budget.
Rincon will coordinate and communicate with the agencies during the permit review and approval process
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7 Email summaries of meetings and correspondence that include verification of agency requirements or other relevant information
Rincon will review draft permits from the agencies and identify problematic permit conditions Rincon will coordinate with the city and the agencies to assist in obtaining final permit authorizations Rincon will prepare a CDP application for the project for submission to the CCC. The project description completed as a part of the USACE, CCRWQCB, and CDFW applications will be used for permit application submittal, as needed. This task includes:
Pre-application submittal communications and up to one (1) remote meeting with CCC Staff (if required) concurrent with the pre-application meeting with USACE, CCRWQCB, and CDFW Post-application submittal CCC completeness review support and response Communication and coordination in support of the CCC hearing including attendance and response to comments (if necessary)
Posting the CCC notification on site and provide documentation Submission of the self-addressed stamped envelopes required by the CCC for noticing Limited support from City Planner (subcontractor to Rincon), Laura Bridley, to support the CDP application and processing
Includes pre-application submittal communications and up to three (3) remote meetings with CCC Staff (if required) concurrent with the pre-application meeting with USACE, CCRWQCB, and CDFW.
Post-application support and responses, including completeness response letter, communication and coordination in support of the CCC hearing including attendance and response to comments (if necessary).
Assumes the city will provide the owner noticing list to be included in the initial CCC submittal.
Rincon will post the CCC notification on site and provide documentation.
The city will coordinate all signatures required for CCC application including required local approvals for the proposed project, such as zoning variances, use permits, etc., as noted on Local Agency Review Form, Appendix B.
Biological reviews as part of Tasks 1 and 2, as well as the Cultural Resources review provided in Task 4 will be sufficient for this application, and no additional reviews will be required.
Does not include estimated permit fees; permit fees assumed to be paid directly by the city, if determined to be required after consultation with the CCC (refer to Appendix E page 19 of the CCC CDP application).
The city will provide project plans that will be suitable for submission to the CCC and include site, grading, and erosion control plans.
Support from the City Planner (contractor to Rincon), Laura Brindley, will be limited to $12,500, to include effort to notice envelopes based on a list of owners within 100-feet, provided by the city.
CCC CDP Application Package and supporting materials (application, Project Description, biological reports, figures, etc.)
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8 Summary of on-site posting and notification
One (1) completeness response letter
The project location within San Jose Creek is designated critical habitat for steelhead trout. Additionally, the southern end of the project is within critical habitat for the tidewater goby. As such, we expect that the USACE will need to engage in Section 7 consultation with the NMFS as part of permitting, and USFWS if impacts are proposed to critical habitat for tidewater goby. Under Section 7, federal agencies (i.e., USACE) must consult with the USFWS and/or NMFS when any action the agency carries out, funds, or authorizes (such as through a permit; 404 permit) a listed endangered or threatened species or designated critical habitat. This process usually begins as informal consultation. Consultations are initiated when the USACE issues a letter to the USFWS or NMFS to request the initiation of Section 7 consulta
be warranted.
To support the consultations with USFWS and NMFS, Rincon will prepare a Biological Assessment (BA) in accordance with the requirements of Section 7(a)(2) of the federal Endangered Species Act (16 United States Code 1536(c)) and interagency implementing regulations at 50 Code of Federal Regulations Part 402. Relevant literature and databases, such as the California Natural Diversity Database, the USFWS and NMFS Critical Habitat maps, prior biological technical studies performed in the project area during previously completed CEQA as well as under Task 1, project plans, aerial photographs, and topographic maps, will be examined. No additional field survey is anticipated. Rincon will utilize previous general survey results (conducted under Tasks 1 and 2) to document the existing conditions of the project site and evaluate the suitability of habitat for tidewater goby and steelhead trout. The BA will describe habitat suitability and occurrence history of tidewater goby and steelhead trout within the project area. The BA will address effects to tidewater goby, steelhead trout, and their critical habitats and will include conservation measures (incorporated into the proposed action) to reduce the likelihood and magnitude of identified effects, as well as include an effects determination for the steelhead and for its critical habitat.
We anticipate we will submit the NWP 27 PCN (Task 3.1) with the BA to the USACE, prior to the commencement of Section 7 consultation.
One BA report for Section 7 consultation with USFWS for tidewater goby and its designated critical habitat, and NMFS for steelhead trout and its designated critical habitat Section 7 consultation is limited to USFWS for coordination on tidewater goby and its critical habitat and NMFS for coordination on steelhead trout and its critical habitat. If other species are identified that require consultation, additional authorization may be required.
The hydrology/water quality analysis completed in the CEQA process for the downstream Hollister Avenue Bridge Replacement Project will be provided to Rincon by the city, will be adequate for NMFS, and additional review will not be needed.
A formal Section consultation will not be warranted.
The USFWS may request a survey for the tidewater goby, which will be completed under Task 7.
Rincon will prepare a Restoration Plan to address temporary impacts to protected native trees and riparian habitat within jurisdictional waters that would result from the proposed project. The Restoration 123
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9 Plan will be prepared to satisfy anticipated requirements of the USACE, CDFW, and CCRWQCB requirements, which have jurisdiction over activities affecting San Jose Creek. The Restoration Plan will summarize the project description, restoration objectives, biological setting, and site selection, as well as outline the restoration approach, source of plant materials, seed storage and plant propagation, plant installation methods, performance criteria, schedule, and the long-term maintenance, monitoring, and reporting program.
Given that the intent of the project is to restore fish passage and provide fish habitat, Rincon assumes that the project will be viewed as restoration, and temporary impacts will be restored at a 1:1 ratio. Rincon assumes that mitigation will not be required. Rincon anticipates that a Restoration Plan proposing restoration of the riparian areas that will be temporarily impacted by the Project will be sufficient, and that limited additional and immediately adjacent land would only be utilized for restoration efforts as needed to address replacement of individual protected native trees that cannot fit within the temporary impact restoration areas, i.e., removing non-native vegetation to allow for installation of native trees an understory.
A Restoration Plan in electronic format (Microsoft Word and/or PDF) for city review, either as a standalone document or as part of the project description in the agency permit applications Assumes one round of review and response to comments from the city.
Assumes one round of review and response to comments from CDFW and CCRWQCB; that comments and changes will be limited and will not exceed a total of 5 hours.
The overall project will be viewed as environmentally beneficial by the agencies, and restoration of temporarily disturbed areas will be sufficient, and mitigation will not be required.
A Compensatory Mitigation Plan will not be required.
The Santa Barbara County Flood Control District will approve of the city-approved restoration plan without change.
Rincon will prepare the necessary cultural resources studies for the project to meet the requirements of the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act (NHPA). Typically, the USACE does not accept reports that contain both CEQA and Section 106 language.
Therefore, the cultural study will adhere to standards required for NHPA compliance but may be used to inform the project CEQA documents (MND).
In accordance with the regulations of 36 CFR 800.16(d), Rincon will prepare an Area of Potential Effects (APE) map that delineates an area of direct impacts (i.e., all areas of project ground disturbance including ce preparing Section 106-compliant documents, we anticipate the direct APE will be limited to areas in which improvement activities will occur. Rincon will prepare and submit the APE map for approval by the City and the USACE. Upon approval of the APE map by the City and USACE, Rincon will conduct Tasks 4.2 through 4.6.
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10 Rincon understands a cultural resources records search was previously performed for the San Jose Creek Capacity Improvement Project on January 14, 2009 (SAIC 2009). The USACE requires records search results no more than two years old. Therefore, Rincon will conduct a California Historical Resources Information System (CHRIS) records search of the project APE and a 0.5-mile radius surrounding it at the Central Coast Information Center (CCIC) located at the Santa Barbara Museum of Natural History. The primary purpose of the records search is to identify previously recorded cultural resources known to exist within or near the APE. In addition to the archaeological inventory records and reports, an examination will be made of historical maps, the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), the California Historical Landmarks list, California Points of Historical Interest List, California Built Environment Resource Directory and Archaeological Determinations of Eligibility List. The records search will also reveal the nature and extent of any cultural resources work previously conducted within the APE and adjacent vicinity. Due to the COVID-19 pandemic, the CCIC has suspended in-house records search appointments. CCIC staff are experiencing delays and turnaround times are approximately 2 to 3 weeks. Upon APE map approval by the City and USACE, Rincon will provide the City and USACE with a schedule update.
Rincon will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF). The SLF search will indicate whether cultural resources important to Native Americans are present within the vicinity of the APE. This task does not constitute formal Native American Consultation under Assembly Bill 52 (AB 52). Rincon assumes the city will manage consultations under AB 52 without our assistance. Furthermore, Rincon understands that the USACE manages any consultations under Section 106, internally without assistance from consultants. Limited AB52 support will be provided under Task 6.
Rincon will contact individuals and/or organizations who may have knowledge of, or concerns with, historic properties in the area. Outreach will include inquiries to local governments and local historic groups regarding their knowledge of historic properties in the immediate vicinity of the APE. Rincon will follow up with each of these groups via email or by telephone.
Upon completion of the records search, Rincon will conduct a Phase I pedestrian survey of the APE. A Rincon archaeologist will conduct the survey using transects spaced at maximum intervals of 15 meters with transect accuracy maintained through use of a hand-held global positioning system (GPS) unit.
Results of the previous records search performed for the San Jose Creek Capacity Improvement Project indicate that no cultural resources are documented within the current project APE. One previously recorded historic-period resource (CA-SBA-2204) and three prehistoric resources (CA-SBA-45, -46, and - 1696) were identified within the 0.5-mile search radius and are located approximately 0.3-mile from the APE. Therefore, for the purposes of this scope, Rincon assumes that no cultural resources will be identified. No artifacts, samples, or specimens be collected during the survey. Rincon assumes the survey effort will be completed by one archaeologist in a single 8-hour day, inclusive of travel time. Rincon also assumes that the project APE will only include the approximately 8-acre direct project footprint and that an indirect APE will not need to be surveyed.
Rincon will prepare a Cultural Resources Technical Report documenting the results of the cultural study, as well as provide management recommendations for cultural resources within or near the project APE. 125
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11 The report will be included as an appendix to the MND Addendum being prepared for the project under Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. The report will include figures depicting the area surveyed and studied for cultural resources. Draft copies of the report (digital pdf) will be submitted to the city and USACE for review and approval. Rincon assumes one round of revisions based on one round of comments from the city and USACE will be necessary to address cultural resources concerns. Once reviewed, digital copies of the final report will be prepared and submitted. Rincon assumes that consultation with the State Historic Preservation Office (SHPO) will be handled by USACE, and that Rincon will not be needed for support with the consultation process.
One APE Map for review by the city and the USACE
One Cultural Resources Technical Report
The City of Goleta will serve as the lead agency under CEQA.
The USACE will serve as the lead federal agency under Section 106.
Approximate turn-around time for CCIC records search results is anticipated to be 2 to 3 weeks upon receipt of request.
The survey of the APE will be completed by a single archaeologist in a single 8-hour day, inclusive of travel time.
No artifacts, samples, or specimens be collected during the survey.
No cultural resources will be encountered during the field survey that require recordation, updates, or evaluations for the NRHP or CRHR.
All deliverables will be delivered electronically.
One rounds of revisions based on one round of comments from the city and USACE will be necessary to address cultural resources concerns.
A copy of the Cultural Resources Technical report will be submitted to the CCIC after review and approval by the city and USACE.
Consultation with SHPO will be handled by USACE and that Rincon will not be needed for support with the consultation process.
Rincon will be highly responsive to project needs through effective project management and coordination with the various parties involved to ensure all project requirements described above are met and in an efficient and cost-effective manner. Rincon will provide regular communication to the city throughout the course of the permitting process regarding project needs, changes, schedule, budget, and deliverables.
This task includes miscellaneous activities required to manage the various tasks above such as regular e- mail and telephone communications and other tasks associated with contract administration, invoicing, and client coordination. It also covers our internal quality control procedures, which include Program Manager and Principal review of all submittals that will be prepared under this work program. This task also includes clerical work and production and shipping of submittals to the agencies. This task is largely comprised of effort for Rincon staff to attend the biweekly team calls organized by the city to provide 126
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12 This work program will be executed under the direction of Principal Regulatory Specialist Christopher Julian and Senior Biologists/Project Managers Julie Love and Elizabeth Atherton, all of whom have extensive experience overseeing similar regulatory permitting projects.
Rincon can assist the City with AB 52 consultation so the Tribal Cultural Resources section of the MND Addendum can be prepared in support of Tasks 1 and 4. Under AB 52, the city acting as the lead CEQA agency, is required to begin consultation with California Native American tribes that are traditionally and culturally affiliated with the project area prior to the completion of the MND Addendum (Tasks 1.1 and
1.2). Under this task, Rincon can assist the city with consultation for AB 52 by requesting a list of AB 52- specific Native American contacts from the NAHC. Rincon can provide the city letter templates, checklists, and detailed instructions to ensure meaningful consultation with interested Native American groups can be completed in accordance with AB 52.
If a survey is requested for the tidewater goby by the USFWS during the informal consultation in Task 3.6, Rincon will develop a plan to effectively conduct these surveys to meet the guidelines identified by USFWS and provide a high probability of locating any potential gobies located within the project area.
Rincon will prepare and file notifications with the CDFW and USFWS to obtain approval to complete the protocol survey, as required per the USFWS Recovery Permit for tidewater goby and CDFW Scientific Collecting Permit protocols.
The survey will be carried out in a single survey day to assess the presence or absence of tidewater goby and led by Ms. Julie Love who holds a USFWS Recovery Permit for tidewater goby (No. TE-217402-2). Ms. has been fully trained and authorized to survey for and potentially handle tidewater gobies as required by USFWS protocol. Two support biologists will assist the qualified biologist. The survey results will be documented and provided via a brief memorandum to be provided to the USFWS and CDFW.
Notifications to the CDFW and USFWS for protocol-survey approval Memorandum with survey results in support of the Section 7 informal consultation with USFWS One survey day will be performed, limited to 10 hours each for three personnel (inclusive of travel).
The survey report will be supplied to the city within two weeks following the completion of the survey effort.
day, to be joined by two associate biologists.
Costs include expenses for fisheries equipment, including water quality testing and netting.
Rincon will prepare and submit an Incidental Take Permit (ITP) application for project impacts to steelhead trout. The application will be in letter format, organized in accordance with the permit 127
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13 application requirements set forth in CDFW regulations at 14 CCR 783.2 . In addition to standard applicant and project information, the ITP application must also include the following:
The common and scientific names of the species to be covered by the permit and the species' status under CESA, including whether the species is the subject of rules and guidelines pursuant to Section 2112 and Section 2114 of the Fish and Game Code
A complete description of the project or activity for which the permit is sought The location of where the project or activity is to occur or to be conducted An analysis of whether and to what extent the project or activity for which the permit is sought could result in the taking of species to be covered by the permit An analysis of the impacts of the proposed taking on the species An analysis of whether issuing the ITP would jeopardize the continued existence of a species, including consideration of the species' capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (A) known population trends, (B) known threats to the species, and (C) reasonably foreseeable impacts on the species from other related projects and activities Proposed measures to minimize and fully mitigate the impacts of the proposed taking A proposed plan to monitor compliance with the minimization and mitigation measures and the effectiveness of the measures
A description of the funding sources and the level of funding available for implementation of the minimization and mitigation measures
Certification language as required by CDFW
Rincon staff will be available to coordinate with the city and the CDFW during review of the ITP application letter as described under the cost assumptions below.
ITP Application in electronic letter format
Rincon will review two rounds of consolidated comments from the City as well as associated revisions prior to submittal. Our cost assumes revisions would be relatively minor.
Rincon will review one round of consolidated comments from CDFW as well as associated revisions.
Our cost assumes revisions would be relatively minor.
No additional surveys or reconnaissance site visits are necessary to complete the ITP application. We assume that surveys and site visits conducted under Task 2 will be sufficient to complete the application and describe existing conditions.
Previous project design and modelling work to satisfy NMFS will be acceptable to CDFW and not need to be revisited.
We assume presence of steelhead trout; intensive fish surveys are not proposed.
Our scope and cost does not include a mitigation plan since we assume that no compensatory mitigation for habitat impacts will be required due to restorative nature of the project for this species. If required by CDFW, we can prepare this plan under an additional scope and cost.
Cost includes up to 20 hours of coordination time with CDFW and city outside of application preparation and addressing comments
The city will be responsible for the application fees and will coordinate the payment of these fees 128
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14 We have made the following general assumptions regarding the overall work project and program:
The city will provide supporting digital files, georeferenced CAD files, and other information and data required for the surveys, JDR, and permit applications.
Meetings will be conducted every two weeks to discuss project status and updates.
The resource agencies will adhere to typical permit processing timeframes.
Existing project plans, analyses, and technical reports will be adequate for agency permit processing.
Digital copies of application materials will be submitted to the city. One round of minor revisions to the applications will be necessary following review.
If the resource agencies require preparation of more comprehensive application materials or extensive consultations than assumed above, we will notify you immediately and determine if an amendment to the work scope is necessary.
If rare plants are identified, additional surveys may be required that can be authorized under separate cover.
While not anticipated, we will notify you immediately if we confirm that an archaeological resource is identified within the project site during the records search or pedestrian field survey.
Budget Amendment 1 October 8, 2024
Because the design of the upstream natural channel is in question as to whether grading is needed or on what to consider during design. Consultant also provided geographical information system (GIS) shapefiles of the native trees, jurisdictional delineation, and vegetation communities to aid in design.
Additionally, coordinating the project footprint is important for the California Environmental Quality Act (CEQA) documents and the natural resource permits that will need to be prepared under the current scope of work. These out of scope efforts have been conducted at the request of the City. Future design input is also needed and is also included herein, for a maximum of 20 hours.
Includes out of scope work already conducted at the request of the City.
The historic-period channel of San Jose Creek will be recorded and evaluated on California Department of Parks and Recreation 523 series forms (DPR forms) as part of the cultural resources field survey to determine if it qualifies as a historical resource under CEQA or a historic property under Section 106 of -
defining features will be noted by the archaeologist during the field survey under the original contract and scope of work and later evaluated by the architectural historian. Two maps will be prepared for inclusion 129
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15 in the DPR forms. One location map and one sketch map are required. Consultant will perform additional research, as necessary, to evaluate the structure for potential historic significance and support the effects analysis included in the Cultural Resources Technical Report. The evaluation will be summarized in the Cultural Resources Technical Report and the California Department of Parks and Recreation 523 series forms will be included as an appendix in the report.
No separate field survey will be conducted or required for the built environment evaluation; the survey will be combined with the archaeological resources field survey presently in the original contract and scope of work.
Two maps will be prepared for inclusion in the DPR forms.
The evaluation will be summarized in the Cultural Resources Technical Report and the California Department of Parks and Recreation 523 series forms will be included as an appendix in the report Consultant will draft and send outreach letters to the 10 Native American contacts identified by the Native American Heritage Commission. All draft letters will go through our internal quality assurance/quality control (QA/QC) process prior to sending to the 10 Native American contacts. Two Documentation of the outreach effort and responses received by Native American groups into a tracking table will be prepared. The tracking table will include the contacts, date the letters were sent, date of follows ups and any responses/comments/concerned received. Native American outreach efforts will be summarized in the Cultural Resources Technical Report and the tracking table will be attached as an appendix to the report.
No field surveys will be conducted or required for cultural resources. 10 outreach letters
Native American outreach efforts will be summarized in the Cultural Resources Technical Report and the tracking table will be attached as an appendix to the report Consultant shall provide communication, coordination, and overall management of the mitigation scope of work, schedule, and budget. Because the timeframe and schedule for the project has changed substantially from a 18-month schedule with a quick turnaround in the beginning to construction now scheduled to begin in summer 2025, additional project management time has been spent on meetings with the project team and the agencies. These efforts have been conducted at the request of the City.
Moving forward, we anticipate that additional time will be spent on monthly team meetings to discuss the design of the natural channel and other topics as team meetings will continue for a longer timeframe than originally scoped. To account for the 19-month extension of the scope of work and schedule, the existing project management services task and budget will be extended to through February 2026. 130
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16 Budget Amendment 2 January 21, 2026
Consultant shall prepare a Long-term Instream Fish Passage Structure Monitoring and Adaptive Management Plan and prepare and submit the associated permit application packages for long-term maintenance in the concrete channel for the San Jose Creek Fish Passage Modification Project (Project) as described below.
Per Measure 2.12.4 of the California Department of Fish and Wildlife (CDFW) Lake and Streambed Alteration Agreement (LSAA) for the Hollister Avenue Bridge Replacement Project (No. 1600-2016-0011- R5), a separate yet related project over San Jose Creek, Consultant will prepare a Long-term Instream Fish Passage Structure Monitoring and Adaptive Management Plan (Plan). The Plan will focus on monitoring and managing successful fish passage and transition area components for the entirety of the fish passage structures in the concrete channel. Per the LSAA Condition, the Plan will need to be approved by CDFW prior to implementation of the fish passage project components (construction is anticipated for summer 2026). The Plan will describe monitoring methods and performance criteria to evaluate whether the fish passage structure and associated upstream and downstream transition areas continue to provide effective fish passage and maintain stream function over time. Monitoring parameters will include, but are not limited to, streambed material composition and stability, flow conditions, channel alignment, channel cross-sections and slopes, hydraulic drops, and overall structural condition. The Plan will include an adaptive management framework identifying action triggers and corrective measures to be implemented if monitoring indicates that fish passage performance or stream to hydraulic and structural performance criteria, as needed, and the Consultant will integrate this information into the Plan. Consultant will support the City with submittal of the Plan to CDFW.
The City will prepare a description of channel maintenance activities for the Plan. performance criteria, as needed to support development of the Plan.
Two rounds of comments on the Plan will be addressed from the City and the fish passage engineer combined.
One round of comments on the Plan will be addressed from CDFW.
Agency coordination will be limited to submittal of the Plan and addressing comments, extensive coordination with CDFW beyond that is not included.
A Long-term Instream Fish Passage Structure Monitoring and Adaptive Management Plan in electronic format (Microsoft Word and/or PDF) for City review and submittal to CDFW.
The Consultant shall prepare and manage all major regulatory permit applications for the Project, including a long term California Department of Fish and Wildlife (CDFW) Routine Maintenance Agreement, Clean Water Act (CWA) Sections 401 and 404 approvals from Central Coast Regional Water Quality 131
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17 Control Board (RWQCB) and the U.S. Army Corps of Engineers (USACE) respectively, and a California Coastal Commission (CCC) Coastal Development Permit (CDP), by assembling required technical documentation, coordinating with reviewing agencies, responding to information requests, and supporting City review and negotiations. Collectively, these tasks ensure timely, well supported permit processing across multiple jurisdictions.
Potential impacts on lakes, streambeds, and adjacent riparian vegetation require authorization from the CDFW through a Lake and Streambed Alteration Agreement (LSAA), pursuant to California Fish and Game Code (CFGC) Sections 1600 et seq.
Under this scope of work, the Consultant will prepare a notification package for a long term (10-year) that have already been prepared under the existing scope of work or prior to that (e.g., Jurisdictional Delineation, Biological Resources Assessment, and California Environmental Quality Act [CEQA] documentation, i.e. the Initial Study-Mitigated Negative Declaration [IS-MND] and the 2008 and 2025 Addenda), as well as the Routine Maintenance attachment required for the LSAA notification.
The Consultant will provide the draft notification package to the City for review before submittal to CDFW.
We assume one round of City review will be sufficient to finalize the package for submittal. The notification will be prepared in accordance with CD
System (EPIMS) format.
Following submittal, CDFW will review the materials and determine whether the LSAA notification is complete, pending any requests for clarification. The Consultant will provide any additional information or analysis required to support a determination of completeness.
Because this Project requires a long-term LSAA (greater than five years), the standard 30-day timeline for CDFW to issue a complete/incomplete determination does not apply. Instead, CDFW will review the notification and request clarification or additional information at its discretion until it considers the notification complete. Once CDFW deems the notification complete, the Department generally prepares and issues a draft LSAA within approximately 60 days for City review. The City would then negotiate final permit conditions with CDFW, with the timing dependent on the complexity of the agreement and any requested revisions.
For planning purposes, we recommend assuming a total processing timeline of approximately 6 to 10 months. Following submittal of the notification, Consultant will actively follow up with CDFW to address questions promptly and support an efficient and timely review.
The Consultant shall coordinate with CDFW after submittal to facilitate timely review. Preparation of the LSAA notification package is anticipated to require approximately 28 hours of staff time.
This task includes anticipated coordination and negotiation necessary to obtain the required permits/authorizations in a timely manner, and to see that the approvals are reasonably conditioned.
Following submittal of the application, Consultant will maintain regular communication with agency representatives to ensure that the project remains a priority and will support the City with any agency requests for additional information, which arise frequently during projects of this nature, which will not exceed 5 hours.
Under this task Consultant shall prepare an Application for Dredge or Fill pursuant to the procedures for discharges of dredged or fill materials to Waters of the State for submittal to the Central Coast RWQCB.
The application package will include:
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18 Cover letter
Application Form
Check for application fee (to be provided by City, not included in cost estimate) Site plans depicting anticipated impacts
Copies of relevant CEQA-level technical studies (Jurisdictional Delineation, Biological Resources Assessment, and CEQA documentation, i.e. the IS-MND and the 2008 and 2025 Addenda) to the extent available
Because the proposed activity qualifies as an Ecological Restoration and Enhancement Project, it is exempt from both the alternatives analysis and compensatory mitigation requirements under the State Wetland Procedures. Section IV.A.1.h explicitly exempts ecological restoration projects from the alternatives analysis, recognizing that restoration actions are undertaken to improve degraded aquatic ecosystems and therefore do not require evaluation of alternative designs or locations. Likewise, Section IV.A.2 states that compensatory mitigation is not required for these projects, as their primary purpose is to restore or enhance aquatic resource functions rather than create permanent impacts that would necessitate offsetting. Together, these provisions acknowledge that ecological restoration projects inherently produce a net environmental benefit and therefore are not subject to requirements intended to address adverse impacts.
Federal Environmental Protection Agency (EPA) regulations also require the submittal of a Pre-Filing Meeting Request a minimum of 30 days prior to submittal of the 401 Water Quality Certification (WQC) Application. Under this task, Consultant will prepare a letter requesting this Pre-Filing Meeting, and upon approval, submit the request to RWQCB on behalf of the City.
Consultant shall prepare the required application and supporting documentation for submittal to the RWQCB, provide the draft materials to the City for review, incorporate any requested revisions, and, upon City approval, submit the complete package to the RWQCB. Review and approval by the RWQCB typically require approximately 60 days; however, based on recent experience, actual processing times are often closer to 120 days. Consultant shall follow up with the RWQCB throughout the review period and will request expedited processing where feasible. Preparation of the WQC application package is anticipated to require approximately 30 hours of staff time.
This task includes anticipated coordination and negotiation necessary to obtain the required permits/authorizations in a timely manner, and to see that the approvals are reasonably conditioned.
Following submittal of the application, Consultant will maintain regular communication with agency representatives to ensure that the project remains a priority and will support the City with any agency requests for additional information, which arise frequently during projects of this nature, which will not exceed 6 hours.
Consultant shall prepare an application for a CWA Section 404 permit for submittal to the USACE. The proposed excavation to remove vegetation, sediment, and debris from within the bed of the channel may remove some sediment within the ordinary high-water mark. The Project is anticipated to qualify for previously authorized, currently serviceable structures or fills; or (b) Discharges associated with removal of accumulated sediments and debris in the vicinity of existing structures, including intake and outfall Consultant shall prepare a Pre-Construction Notification (PCN) to be submitted to USACE. Generally, under a Nationwide Permit, Notification review by the USACE takes 2 to 6 months. Preparation of the PCN is anticipated to require approximately 23 hours of staff time. 133
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19 As part of the CWA Section 404 permit process, the USACE is required to consult with U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) regarding potential impacts to federally-listed species. This process is referred to as an Endangered Species Act Section 7 Consultation.
Based on our coordination with USACE and NMFS thus far for construction of the fish passage Project, we anticipate that the Project will receive a NMFS Concurrence Letter or undergo Informal Consultation. It is expected that the same would be the case for the maintenance portion of the Project. Federally listed special-status wildlife species with potential to occur in the San Jose Creek project area include several species with moderate to high likelihood based on available habitat and proximity to known occurrences.
Tidewater goby ( ) has potential to occur, as suitable habitat is present in the downstream natural channel and its designated critical habitat lies approximately 40 feet downstream of the project area. Southern California steelhead DPS ( ) has potential to occur because the entire project reach is designated critical habitat and may be used as a migration corridor during high-flow periods, despite the absence of spawning or rearing habitat. California red-legged frog ( ) also has potential, primarily for transient movement through the riparian corridor, though breeding and estivation habitat within the project area is limited. Collectively, these species represent the key federally-listed wildlife with potential to occur in or adjacent to the project area.
In addition, the USACE must consult with the State Historic Preservation Officer (SHPO) regarding potential impacts to cultural resources. As such, the Cultural Resource Technical Report will be included with the PCN, and no additional coordination will be necessary.
This task includes anticipated coordination and negotiation necessary to obtain the required permits/authorizations in a timely manner, and to see that the approvals are reasonably conditioned.
Following submittal of the application, Consultant will maintain regular communication with agency representatives to ensure that the project remains a priority and will support the City with any agency requests for additional information, which arise frequently during projects of this nature, which will not exceed 6 hours.
Consultant shall prepare a CDP application or an amendment to the existing CDP, if determined feasible and acceptable by the CCC and the City, for submission to the CCC. The project description developed for the USACE, Central Coast RWQCB, and CDFW)permit applications will be incorporated into the CDP application materials, as appropriate. This task includes:
Pre-application communications and up to one (1) remote meeting with CCC staff (if required), conducted concurrently with pre-application coordination with USACE, Central Coast RWQCB, and CDFW.
Post-submittal support during the CCC completeness review process and preparation of responses to information requests.
Ongoing communication and coordination in support of the CCC hearing, including attendance and preparation of responses to comments, if necessary.
Posting of required CCC public notices on site and providing documentation of posting.
Preparation and submission of self-addressed stamped envelopes for CCC noticing requirements.
Limited support from City Planner to assist with CDP preparation, submittal, and processing.
For planning purposes, we recommend assuming a total processing timeline of approximately 6 to 10 months. Preparation of the CDP application package is anticipated to require approximately 30 hours of staff time.
This task includes anticipated coordination and negotiation necessary to obtain the required permits/authorizations in a timely manner, and to see that the approvals are reasonably conditioned. 134
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20 Following submittal of the application, Consultant will maintain regular communication with agency representatives to ensure that the project remains a priority and will support the City with any agency requests for additional information, which arise frequently during projects of this nature, which will not exceed 6 hours.
Protocol-level wildlife and seasonal botanical surveys will not be necessary. If additional surveys are deemed necessary, Consultant can provide the surveys under an amended scope and budget.
Consultant will address one round of consolidated comments on each deliverable from the City to be provided in electronic, editable format. We assume that revisions based on comments will be minor and will not require substantive changes.
All permit applications (LSAA, 401 WQC, 404 PCN, and CDP) will be accepted as complete upon first submittal, with one round of City comments per package.
The Project qualifies as a restoration action; therefore, agencies will not require alternatives analyses or formal compensatory mitigation plans.
Project plans, GIS files, final design details, and owner-noticing lists will be provided by the City, as will all permit-related fees.
Previously collected aquatic resources, biological, and cultural resource data (including Section 106 documentation) will be sufficient, with no additional technical studies required.
Pre-application coordination will include joint virtual meetings with USACE, Central Coast RWQCB, and CDFW (up to 2 hours each), and up to 3 virtual meetings with CCC. -site notices, providing documentation, coordinating
hearing communications, and limited support from the City Planner.
The long-term maintenance portion of the Project will receive a NMFS Concurrence Letter or undergo Informal Consultation similar to the fish passage construction portion of the Project.
If project design changes or agencies require additional analysis beyond the defined scope, additional effort and cost may be required.
CDFW SAA Notification package and supporting documentation for a CDFW Routine Maintenance Agreement.
CWA Section 401 Water Quality Certification application and supporting materials to the Central Coast RWQCB.
PCN package for USACE Nationwide Permit 3 (Maintenance), including checklist, jurisdictional documentation, required maps, and project information.
CDP application package for CCC, including project description, supporting technical studies, figures, noticing materials, and a completeness response letter.
Email summaries and ongoing coordination with CDFW, Central Coast RWQCB, USACE, and CCC throughout the permitting process.
Review of agency draft permits and identification of problematic conditions; coordination to support final permit issuance.
construction phase, with an initial authorization not to exceed $20,518, comprised of 92 hours 135
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21 (approximately 11 days) of staff time. Project permits are not currently available. Therefore, the scope of compliance services will be refined once permit conditions and construction details are known. Prior to exceeding the initial authorization, Consultant will submit an amendment to address the full construction- phase environmental compliance scope and associated level of effort. Anticipated tasks include, but are not limited to, review of Project permits, pre-construction surveys, nesting bird surveys, and construction compliance monitoring.
Permits are not currently available and are anticipated to be available prior to construction.
Consultant shall provide upfront environmental compliance support at the start of construction, capped at 92 staff hours (approximately 11 days) and a not-to-exceed amount of $20,518.
Additional environmental compliance support shall be provided once permit conditions and construction details are known, under a separate scope and cost.
Consultant shall provide communication, coordination, and overall management of the long-term maintenance scope of work, schedule, and budget. Because the timeframe and schedule for the project has changed substantially from an 18-month schedule with a quick turnaround ending in July 2024, to construction now scheduled to begin in summer 2026, additional project management time has been spent on meetings with the project team and the agencies. These efforts have been conducted at the request of the City and the Consultant respectfully requests that Project Management funds be awarded retroactively for past management efforts in 2025. In addition, moving forward, we anticipate that for the currently proposed scope of work for long-term maintenance support, that additional time will be spent on monthly team meetings to discuss the Plan and permitting efforts. To account for the 12-month extension of the scope of work and schedule, the existing project management services task and budget will be extended through February 2027.
25 hours of additional Project Management that was expended in 2025. 2 hours per month for 12 months for the Project Manager to attend meetings and conduct project management and other client communication.
1 hour per month for 12 months for the Project Manager to attend meetings and conduct project management and other client communication.
1 hour per month for 12 months for administrative/clerical needs. 2 hours per month for 19 months for the Project Manager to attend meetings and conduct project management and other client communication.
1 hour per month for 19 months for administrative/clerical needs.
Rincon understands that the City of Goleta is interested in pursuing grant funding for the San Jose Creek Fish Passage project. Based on research performed by Consultant and preliminary discussions between Consultant and the City (see Task 9.1 Grant Research), it was determined that California Department of Fish and Wildlife (CDFW) grant opportunities may be the most viable current options for the City to pursue to fund the proposed project. As we discussed, the CDFW Watershed Restoration Grants Branch program 136
City of Goleta San Jose Creek Channel Fish Passage Modification Project Rincon Consultants, Inc. - Scope Of Work
22 is an ongoing program that is currently accepting proposal applications. Additional grant support to be provided for the CDFW Watershed Restoration Grants Branch program (see Tasks 9.2 9.5) would be completed as described below.
As part of this task, Consultant has completed grant research (see Task 9.1) and will host a consultation meeting with CDFW staff (see Task 9.2) and provide support with the concept proposal that the City will be required to prepare for the CDFW Watershed Restoration Grants Branch program (see Task 9.3). If the concept proposal is accepted and the City would like additional grant writing support for the full application, Consultant can provide that support as part of Task 9.4. Should CDFW deny the application and the City would like to pursue another second and separate CDFW grant, Consultant has included an OPTIONAL task to assist the City (see Task 9.5).
The City granted Consultant permission to proceed with researching CDFW grants, which was an effort that was out of scope. Consultant presented these options as a slide deck to the City during a team meeting, and the slide deck has been delivered to the City.
Includes out of scope work already conducted at the request of the City.
Slide deck summarizing CDFW grant research (Complete)
We have found that to secure grant funding, it is crucial to build a relationship with the granting agency early on, introducing the project and seeking feedback on how to refine and adjust the scope to align with their priorities and increase the chances of success if/when a full application is submitted. Therefore, Rincon will organize and host one meeting between CDFW staff and the City of Goleta project team to review the project and discuss any opportunities for modifications to better meet the grant requirements virtually. This scope includes time for Rincon to coordinate with CDFW and the City of Goleta to identify an optimal meeting time, host the meeting (including preparing a meeting agenda and orchestrating the conversation), and then provide a summary of meeting minutes and action items after the meeting.
Rincon will orchestrate host one virtual grant consultation meeting between CDFW and the City of Goleta.
Meeting agenda and meeting minutes
One-hour virtual meeting with CDFW
The first formal step in the CDFW Watershed Restoration grant application process includes preparation of a concept proposal. The concept proposal must be submitted through the CDFW WebGrants portal and include information on geographic location, regional need, project type, readiness, threats, cost, and cost share, as well as alignment with the CDFW mission and program priorities. Rincon will work with the City 137
City of Goleta San Jose Creek Channel Fish Passage Modification Project Rincon Consultants, Inc. - Scope Of Work
23 of Goleta to prepare a preliminary concept proposal for submittal by the City through the CDFW WebGrants portal. Concept proposals are generally required to be submitted by the project applicant.
Therefore, Rincon anticipates that the Concept Proposal will be submitted in WebGrants by the City. For this task, Rincon has budgeted 30 hours and anticipates that this time will be used to support the development of the concept proposal, with use of existing maps, figures, and project information. It is assumed that budget information will be provided by the City.
A preliminary project description has been drafted as of October 7, 2024, and it is anticipated that the project may evolve slightly as more information is gleaned. If there are significant changes made to the project description, additional time may be required to prepare the supplemental information.
Existing project maps and figures will be used.
Project budget information will be provided by the City of Goleta.
The Environmental Compliance and Permitting Questionnaire will be completed by the City or with information provided by the City to Rincon.
Draft concept proposal for City comment
Final concept proposal for CDFW submittal
If, upon completion of the grant concept proposal, CDFW invites the City of Goleta to submit a full application, Rincon can provide support with the preparation and the compilation of the grant application package. Although the specific requirements for the grant are not available unless invited to apply, Rincon anticipates that the application package would require preparation of a detailed line-item budget; robust project descriptions and connectivity to specific plans; management and reporting plans; and compilation of forms. For this task, Rincon has budgeted 74 hours and anticipates that this time will be used to support the development of the full proposal, including 6 hours of time for a graphic designer to prepare updated maps or figures. The application will be prepared based on information provided by the City and Rincon will work closely throughout the process to prepare and refine the application. Rincon will provide regular updates throughout the grant development process as time is spent in order to track and manage the hours allotted for this task. Grant proposals are generally required to be submitted by the project applicant. Therefore, Rincon anticipates that the final documents will be submitted by the City. Although letters of support are not anticipated to be required for this grant application, if they are required, the City will orchestrate collecting the required documentation.
Rincon has budgeted 74 hours and anticipates that this time will be used to support the development of the full proposal, including six hours of time for a graphic designer to prepare updated maps or figures.
Although letters of support are not anticipated to be required for this grant application, if they are required, the City will orchestrate collecting the required documentation.
The City will provide project specific information, including a refined/detailed project budget.
Draft grant application package for City comment
Final grant application package for CDFW submittal
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City of Goleta San Jose Creek Channel Fish Passage Modification Project Rincon Consultants, Inc. - Scope Of Work
24 In the event that the above outlined grant proposal (Task 9.4) is not awarded, Rincon has included an OPTIONAL task to re-package the proposal materials to adhere to a second and separate CDFW grant that would be determined at that time. It is anticipated that repackaging the materials for an alternative CDFW grant will require minor updates and reconfiguration to the original grant documents prepared. If major updates or new documents are required, additional time may be required. Consultant would notify the City immediately upon identification of additional requirements, and any additional work beyond the 24 hours scoped for this task would be completed on a time and materials basis with City approval under a separate scope of work, in accordance with our standard fee schedule (attached).
Rincon has budgeted 24 hours and anticipates that this time will be used to repackage the proposal materials for resubmittal to another CDFW grant.
Draft grant application package for City comment
Final grant application package for CDFW submittal
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Rincon Consultants, Inc.
Effective January 1, 2026
City of Goleta Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* January 1, 2026 – December 31, 2026 Senior Principal $342
Principal $329
Director $329
Senior Supervisor II $313
Supervisor I $292
Senior Professional II $273
Senior Professional I $255
Professional IV $226
Professional III $210
Professional II $186
Professional I $166
Associate III $140
Associate II $125
Associate I $117
Field Technician $100
Technical Editor $157
Project Accountant $134
Billing Specialist $115
Publishing Specialist $128
Clerical $115
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability, cultural resources, GIS, data technology, and other professionals. Expert witness services consisting of depositions or in- court testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Equipment Rate
Equipment Package (covers field equipment) $150/day
UAS Drone $300/day
Boat (20-foot Boston Whaler or Similar) $800/day
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
* Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 5%. These may include, but are not limited to, printing and production, laboratory and drilling services, subcontractors, vendors, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Budget Reallocation. Rincon reserves the right to reallocate the budget between tasks and staff classifications, while remaining within the approved contract amount.
Annual Escalation. Standard rates subject to 3.5% annual escalation on January 1.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
EXHIBIT B-1
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Houston Casualty Company
Travelers Excess and
Surplus Lines Company
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City of Goleta
130 Cremona Drive, Ste B
Goleta CA 93117
To whom it may concern:
In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to of Certificates of Insurance, thus this is your final hard-copy delivery.
To ensure electronic delivery for future renewals of this certificate, we need your email address.
Please contact us via one of the methods below, referencing Certificate ID21105541.
Email: [email protected]
Phone: 303-728-8060
If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed.
In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above.
The above inbox and phone number is for automating electronic delivery of certificates only. to this inbox or contact the phone number
below with email updates.
Thank you for your cooperation and willingness in reducing our environmental footprint.
Lockton Companies
Lockton Companies
8110 E. Union Avenue, Suite 100
Denver, CO 80237
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: Effective Date:2/1/2026-2/1/2027
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ATTACHMENT 6
Amendment No. 1 to Professional Design Services Agreement 2024-088 with Mark Thomas and Company, Inc.
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City of Goleta
Amendment No. 1 to Agreement No. 2024-088