CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Kelly McAdoo
City Administrator
Eric Friedman
Mayor Pro Tempore
Kristen W. Sneddon
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Eric Friedman
Finance Committee Chair
Oscar Gutierrez
Meagan Harmon
Mike Jordan
Wendy Santamaria
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
SEPTEMBER 9, 2025, 2:00 PM
AGENDA
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.
Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 p.m. 30 minute session may do so at the end of the meeting when the additional “Public Comment (If Necessary)” is announced. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.
REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. The keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.
HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING
• Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_-tbNSuHPTmquCwDEP9hNaQ (Participation via Zoom)
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 894 0718 1596 (press *9 to raise/lower hand; press *6 to mute/unmute) • Online Streaming: Council meetings are streamed live at www.SantaBarbaraCA.gov/CAP • TV: Each regular City Council meeting is broadcast live in English and Spanish on City TV Channel 18 and rebroadcast in English on Wednesdays and Thursdays at 7:00 p.m. and Saturdays at 8:00 a.m., and in Spanish on Sundays at 3:00 p.m.
Each televised Council meeting is closed captioned for the hearing impaired. Check the City TV program guide at www.santabarbaraca.gov/citytv for rebroadcasts of Finance and Ordinance Committee meetings.
WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Council Meeting. All public comments submitted via email will be provided to City Council and will become part of the public record.
(CONTINUED ON NEXT PAGE)
ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:00 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chambers at City Hall.
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.
CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak or raise your hand in Zoom at the time the Council considers the Consent Calendar.
LANGUAGE TRANSLATION AND INTERPRETATION: The City of Santa Barbara offers live Spanish translation and interpretation for City Council Meetings via the Wordly platform. Follow the directions below to access the service. • Go to: https://attend.wordly.ai/join/QQBV-6746
o Ensure the Session ID QQBV-6746 is displayed.
o Select “Spanish” and click on the “Attend” button.
o You can now read the captions on your device and/or listen to the translation of the City Council meeting. o Click the speaker button to hear a text-to-speech version of the translated dialogue. • If you have any questions or concerns, please contact City TV at 805-564-5311.
SPANISH INTERPRETATION: If you need interpretation of your communications to Council from Spanish into English, please contact the City Clerk’s Office at 564-5309 or by email at [email protected]. If possible, notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación del español al inglés, para sus comunicaciones al Consejo, comuníquese con la Oficina del Secretario Municipal al 564-5309, o por correo electrónico a [email protected]. Si es posible, la notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer los arreglos.
AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 09/09/2025 Santa Barbara City Council Final Agenda Page 1 SEPTEMBER 9, 2025 AGENDA
ORDINANCE COMMITTEE MEETING - 12:00 P.M. IN THE COUNCIL CHAMBER (120.03)
1. Subject: Amending Municipal Code Section 10.44.152 - Regulation of Parking Upon Municipally Owned and/or Operated Parking Lots (120.03) Recommendation: That Ordinance Committee consider the proposed amendment to Municipal Code Section 10.44.152 Pertaining to Parking in Municipally Owned and/or Operated Parking Lots and forward the proposed amendment to the City Council for introduction and adoption.
09/09/2025 Santa Barbara City Council Final Agenda Page 2 REGULAR CITY COUNCIL MEETING - 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: Employee Recognition – Service Award Pins (120.04) Recommendation: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through September 30, 2025.
CHANGES TO THE AGENDA
CONSENT CALENDAR
2. Subject: Minutes (000.00)
Recommendation: That Council waive reading and approve the minutes for the special meetings of August 5, August 11, August 12, and August 19; and for the regular meetings of August 5, August 12, and August 19.
3. Subject: Loan to Housing Authority for $3,500,000 for Development of Property Located at 400 West Carrillo Street [Ordinance Adoption] (610.04) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Loan with the Housing Authority of the City of Santa Barbara in the Amount of $3,500,000 for Development of Real Property Located at 400 West Carrillo Street to Be Used for Affordable Housing, to Be Secured by a Deed of Trust and a 90-Year Affordability Control Covenant Imposed on Real Property and Authorizing the City Administrator to Execute Such Agreements, Subject to Approval as to Form by the City Attorney. 09/09/2025 Santa Barbara City Council Final Agenda Page 3
4. Subject: Contract Amendment for Environmental Services for the Las Positas and Modoc Roads Multiuse Path Project [Ordinance Introduction; Agreement] (530.04)
Recommendation: That Council:
A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending and Ratifying Agreement No. 26,724, by and Between the City of Santa Barbara and Rincon Consultants, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for the Las Positas and Modoc Roads Multiuse Path Project; and
B. Authorize the Public Works Director to execute the Fourth Amendment to City Professional Services Agreement No. 26,724 with Rincon Consultants, Inc. for environmental monitoring and restoration specialist services for the Las Positas and Modoc Roads Multiuse Path Project, with no change in cost to the current agreement values previously approved by Council.
5. Subject: Introduction of Ordinance for Water Metering for Adaptive Reuse Projects [Ordinance Introduction] (540.01)
Recommendation: That Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending Section 14.08.150 of the Santa Barbara Municipal Code Relating to Water Meters for Adaptive Reuse Projects.
6. Subject: Advisory Group Guidelines Update [Resolution] (140.02) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting Amended Guidelines for the City of Santa Barbara Advisory Groups and Rescinding Resolution No. 24-021.
7. Subject: A Resolution Denying the Appeal and Upholding the Decision of the Architectural Board of Review Regarding the 418 N. Milpas Street and 913- 921 E. Gutierrez Street Project [Resolution] (640.07)
Recommendation: That Council adopt by reading of title only, a Resolution of the Council of the City of Santa Barbara Denying the Appeal of Natasha Todorovic, and Upholding the Decision of the Architectural Board of Review to Approve the Project at 418 N. Milpas Street and 913-921 E. Gutierrez Street. 09/09/2025 Santa Barbara City Council Final Agenda Page 4
8. Subject: 2025-2027 Police Officers’ Association Bargaining Unit Memorandum of Understanding [Resolution; Agreement] (440.02) Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the 2025-2027 Memorandum of Understanding Between the City of Santa Barbara and the Santa Barbara Police Officers' Association; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-071, the Position and Salary Control Resolution for Fiscal Year 2026, Affecting the Salaries of Certain Classifications in the Police Officers Association Effective September 20, 2025.
9. Subject: Adoption of a Resolution and Authorization for Cooperative Agreement for the Cliff Drive and Milpas Street Safety Projects [Resolution; Agreement] (530.04)
Recommendation: That Council:
A. Authorize the Public Works Director to execute the Measure A Cycle 6 Project Cooperative Agreement between the City of Santa Barbara and the Santa Barbara County Association of Governments for the Cliff Drive: Urban Highway to Complete Street Transformation and Milpas Street Crosswalk Safety and Sidewalk Widening Projects; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, to Appropriate Measure A Cycle 6 Grant Funds for the Cliff Drive: Urban Highway to Complete Street Transformation and Milpas Street Crosswalk Safety and Sidewalk Widening Projects. 09/09/2025 Santa Barbara City Council Final Agenda Page 5
10. Subject: Approval of Professional Services Agreements with Pre-Qualified Consultants to Provide On-Call Environmental Review Services for the Community Development Department for Five Years [Resolution; Agreement] (630.02)
Recommendation: That Council:
A. Approve seven pre-qualified professional environmental review firms to provide on-call environmental review services as needed for the Community Development Department Planning Division for five years, expiring September 30, 2030;
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, to Approve an Increase in Fiscal Year 2026 Revenue and Expenditure Appropriations in the General Fund in the Amount of $750,000 for Environmental Review Services Agreements Funded by Advance Payments from the Project Applicant; and
C. Authorize the Community Development Director to execute seven five-year Professional Services Agreements with the selected firms each in an amount not to exceed $500,000.
11. Subject: July 2025 Investment Report (260.02)
Recommendation: That Council accept the July 2025 Investment Report.
12. Subject: Authorization to Amend the Legal Services Agreement with Kaplan Kirsch, LLP [Agreement] (160.03)
Recommendation: That Council authorize the City Attorney to execute an amendment to the legal services agreement with Kaplan Kirsch, LLP, by increasing the agreement not to exceed amount by $50,000, for a new contract amount of $110,000.
13. Subject: Deputy City Administrator Employee Agreement [Agreement] (170.01)
Recommendation: That City Council receive and confirm the employment agreement for the Deputy City Administrator.
14. Subject: Human Resources Director Employee Agreement [Agreement] (170.01)
Recommendation: That City Council receive and confirm the employment agreement for the Human Resources Director.
09/09/2025 Santa Barbara City Council Final Agenda Page 6
15. Subject: Agreement with CLEAResult Consulting, Inc. for Santa Barbara Clean Energy Multifamily Electric Vehicle Charging Program [Agreement] (630.02)
Recommendation: That Council authorize the Sustainability and Resilience Director to execute a three-year Professional Services Agreement with CLEAResult Consulting, Inc for a not to exceed total amount of $325,000.
16. Subject: Construction Support and Inspection Services for the Fiscal Year 2025 Wastewater Main Rehabilitation Project [Agreement] (540.13) Recommendation: That Council:
A. Authorize the Public Works Director to execute a City Professional Services Agreement with Water Systems Consulting Inc., in the amount of $104,328 for design support services during construction of the Fiscal Year 2025 Wastewater Main Rehabilitation Project, and authorize $10,433 for potential extra services, for a total expenditure authority of $114,761; and B. Authorize the Public Works Director to execute a City Professional Services Agreement with Willdan Engineering in the amount of $363,226 for construction inspection services for the Fiscal Year 2025 Wastewater Main Rehabilitation Project, and authorize $36,323 for potential extra services, for a total expenditure authority of $399,549.
17. Subject: Contract Amendment for Geotechnical Engineer of Record Services for the Santa Barbara Police Station Project [Agreement] (700.08) Recommendation: That Council authorize the Public Works Director to execute the Second Contract Amendment with Earth Systems Pacific, for Geotechnical Engineer of Record services for excavation monitoring for the Santa Barbara Police Station Project, Contract No. 22300036A, in the amount of $39,880 with an additional $3,988 for extra services, for a new total expenditure authority of $157,243.
18. Subject: Grant Agreement with South Coast Community Media Access Center, dba TV Santa Barbara [Agreement] (510.04)
Recommendation: That Council authorize the City Administrator to execute a twoyear grant agreement with the South Coast Community Media Access Center for management of the public, educational, and government access television channels in an amount of $297,445 plus an amount for public, educational and government access (PEG) capital expenditures equal to 50% of the actual PEG fees received by the City for Fiscal Year 2026.
09/09/2025 Santa Barbara City Council Final Agenda Page 7
19. Subject: Annual Contract with the Santa Barbara County Office of Arts and Culture [Agreement] (150.04)
Recommendation: That Council authorize the City Administrator to execute an agreement with the Santa Barbara County Office of Arts and Culture in the amount of $456,570, of which $239,963 will be regranted, as approved in the Fiscal Year 2026 adopted budget.
20. Subject: Professional Services Agreement with Rincon Consultants, Inc., for the Ortega Park Renovation Project [Agreement] (570.05) Recommendation: That Council authorize the Parks and Recreation Director to execute a Professional Services Agreement with Rincon Consultants, Incorporated, to perform soil and groundwater characterization for the purpose of preparing a cost estimate for the management of impacted soil, refuse, and groundwater as a result of the Ortega Park Renovation Project in the amount of not to exceed $234,056.
REPORT FROM THE ORDINANCE COMMITTEE
GENERAL PUBLIC COMMENT
PULLED CONSENT ITEMS
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PARKS AND RECREATION DEPARTMENT
21. Subject: Work Plan for the Parks and Recreation Master Plan (570.08) Recommendation: That Council provide input on the draft goals, key stakeholder groups, and work plan for the Parks and Recreation Master Plan.
COMMUNITY DEVELOPMENT DEPARTMENT
22. Subject: Municipal Code Amendments to Incentivize Adaptive Reuse Projects [Ordinance Introduction] (610.04)
Recommendation: That Council:
A. Determine that the ordinance is consistent with the General Plan; and B. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Adding Section 30.185.045 Pertaining to Regulations for Adaptive Reuse Projects.
09/09/2025 Santa Barbara City Council Final Agenda Page 8
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS & ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE MEETING
MEETING AGENDA
DATE: September 9, 2025 Kristen W. Sneddon, Chair
TIME: 12:00 p.m. Oscar Gutierrez
PLACE: Council Chambers Mike Jordan
Office of the City Office of the City
Administrator Attorney
Kelly McAdoo Sarah Knecht
City Administrator, City Administrator’s Office City Attorney Nicole Grisanti
Supervisor, City Administrator’s Office
IN-PERSON PUBLIC COMMENT: Any person wishing to address the Ordinance Committee should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the Committee Member. Each speaker will be given a total of 3 minutes to address the Committee. The Ordinance Committee, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.
WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Ordinance Committee Meeting. All public comments submitted via email will be provided to the Ordinance Committee and will become part of the public record.
HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING:
WEB: https://santabarbaraca-gov.zoom.us/j/83099911799?pwd=N0fwX914FLbpUNNMPr2foEbiub5ovC.1 Passcode: 199458
TELEPHONE: Phone one-tap:
+16699006833,,83099911799# US (San Jose)
+16694449171,,83099911799# US
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.
AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected] if possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized Services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange.
ITEM FOR CONSIDERATION
SUBJECT: Amending Municipal Code Section 10.44.152 - Regulation of Parking Upon Municipally Owned and/or Operated Parking Lots
That Ordinance Committee consider the proposed amendment to Municipal Code Section 10.44.152 Pertaining to Parking in Municipally Owned and/or Operated Parking Lots and forward the proposed amendment to the City Council for introduction and adoption.
File Code 120.03
RECOMMENDATION:
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: September 9, 2025
TO: Ordinance Committee
FROM: City Administrator’s Office
SUBJECT: Amending Municipal Code Section 10.44.152 - Regulation of Parking Upon Municipally Owned and/or Operated Parking Lots
RECOMMENDATION:
That Ordinance Committee consider the proposed amendment to Municipal Code Section
10.44.152 Pertaining to Parking in Municipally Owned and/or Operated Parking Lots and forward the proposed amendment to the City Council for introduction and adoption.
DISCUSSION:
Staff recommends amending Santa Barbara Municipal Code (SBMC) Section 10.44.152, to allow for the use of new parking payment technologies and systems in City of Santa Barbara (City) Downtown Parking Lots. An example of this is self-service payment kiosks.
The requested changes eliminate strict language specifying that fees must be paid prior to exiting a parking lot to either an attendant or by mail. Moreover, the amendments allow for the flexibility for the City to determine which payment methods, processes, and enforcement procedures may be accepted at each parking facility. This change provides for the ability to have modern payment systems while improving parking operations.
These changes will enable the City’s Downtown Parking Lots to implement a pay-on-foot system, similar to the system used in the Waterfront parking lots, in the Helena Lot located in the Funk Zone. This pilot project will enable the City to experiment with new revenue control models that could inform future investments in parking technology. Additionally, these changes allow for changes in the timing of payment that make enforcement of this pay-on-foot system feasible.
BUDGET/FINANCIAL INFORMATION:
This change will allow for the pilot of pay-on-foot parking in the Helena Parking Lot. The ability to receive payment for parking in this lot is estimated to bring in $75,000 in revenue annually. The success of the pilot payment system demonstrates the potential to implement the self-service payment model in all Downtown Parking surface parking lots to reduce operating costs and enhance the customer’s experience.
Agenda Item No. 1
File Code No. 120.03
Ordinance Committee Agenda Report
Amending Municipal Code Section 10.44.152 - Regulation of Parking Upon Municipally Owned and/or Operated Parking Lots
September 9, 2025
ATTACHMENT: Proposed Ordinance
PREPARED AND
SUBMITTED BY: Sarah Clark, Downtown Team Manager/EF/nv
APPROVED BY: Kelly McAdoo, City Administrator
ATTACHMENT
1 ORDINANCE NO. _____
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING SECTION 10.44.152 OF
THE SANTA BARBARA MUNICIPAL CODE REGARDING
REGULATION OF PARKING UPON MUNICIPALLY OWNED
AND/OR OPERATED PARKING LOTS
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 10.44.152 of Chapter 10.44 of Title 10 of the Santa Barbara Municipal Code is amended to read as follows:
10.44.152 Regulation of Parking Upon Municipally Owned and/or Operated Parking Lots.
A. No person shall park a motor vehicle in a municipally owned and/or operated parking lot and fail to pay the parking fee established by resolution and posted for the use of said lot. Said fee shall be paid no later than time of departure from the lot, except that a person departing a lot with no parking attendant present shall deposit said fee or mail said fee in accordance with the instructions on the envelope securely attached to the vehicle by the parking attendant before his or her departure from the lot; said fee to be mailed or delivered within three days.
1. The Public Works Director shall have the authority to determine which payment methods are accepted at each municipal parking facility; Establish procedures for payment processing and enforcement; Modify or expand authorized payment methods based on operational needs or technological advancements.
ATTACHMENT
2 2. Failure to pay the required parking fee using an authorized method shall constitute a violation of this Ordinance and may result in the issuance of a parking citation, vehicle immobilization, or towing in accordance with this Code.
3. Use of a City lot is a privilege; therefore, the City reserves the right to revoke this privilege at any time because of inappropriate behavior, violation of any regulation in this Ordinance or misuse of parking facilities. The City reserves the right to establish what inappropriate behaviors are and the misuse of its property.
B. It is unlawful for any person to use or permit or cause a monthly parking permit to be used by a person not authorized in the permit agreement.
C. Any person removing a vehicle from the lot and re-entering a lot for the sole purpose of avoiding payment of parking fees shall pay a parking fee as if said vehicle had not departed the lot.
D. It is unlawful to present subsequent, counterfeit, or other substitute evidence of entry into any municipally owned and/or operated parking lot for the purpose of reducing or avoiding the parking fee established for the use of said lot.
E. In an action for violation of this Section, proof that a person was the registered owner of a motor vehicle at the time the vehicle was parked unattended in a municipally owned and/or operated lot is prima facie evidence that the registered owner was the person who parked the vehicle. The registered owner shall be given written notice of the violation and an opportunity to respond as provided in Section 40202 of the Vehicle Code of the State of California as it exists today and may be amended in the future.
ATTACHMENT
3 F. In addition to the penalties provided for violation of this Code, the use of a municipally owned and/or operated parking lot in violation of the regulations established by the Transportation Engineer, or the applicable fee requirements, shall be subject to use fees that are twice the fees for proper use.
G. The Transportation Engineer shall make provisions to mark, chalk, photograph, record or otherwise identify such use of municipally owned and/or operated parking lots as may be required for the reasonable enforcement of this Chapter.
H. No person who owns, or has possession, custody or control of any vehicle shall park, stop or leave the vehicle more than a period of 72 consecutive hours in a municipally owned parking lot.
I. Notwithstanding Subsection H above, the Public Works Director may issue a permit allowing parking more than 72 consecutive hours in a municipally owned parking lot.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: September 09, 2025
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Employee Recognition – Service Award Pins
RECOMMENDATION:
That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through September 30, 2025.
DISCUSSION:
The City appreciates the loyalty to the community and the dedication to public service that are demonstrated by City employees throughout the organization every day. Since 1980, the City Employees’ Recognition Program has recognized length of City Service. Service award pins are presented to employees for every five years of service. Those employees achieving 25 years of service or more are eligible to receive their pins in front of the City Council.
Attached is a list of those employees who will be awarded pins for their service through September 30, 2025.
ATTACHMENT: September 2025 Service Awards
PREPARED BY: Talhia Dorado, Administrative Specialist
SUBMITTED BY: Kelly McAdoo, City Administrator
APPROVED BY: City Administrator's Office
Agenda Item No. 1
File Code No. 120.04
ATTACHMENT
SEPTEMBER 2025 SERVICE AWARDS
September 9, 2025 Council Meeting
5 Years
Maria Schroeder, Housing Programs Specialist, City Administrators Office Christine Espinoza, Public Safety Dispatch Supervisor, Police Department Alejandro Villalva Medrano, Irrigation Systems Technician, Parks & Recreation Department Gregory Goodsell, Airport Business Dev Supervisor, Airport Department 10 Years
Timo Rodriguez, Building Inspector, Community Development Department David Running, Senior Waterfront Maintenance Worker, Waterfront Department 20 YEARS
Kelly Brodison, Associate Planner, Community Development Department 25 YEARS
Jon Turner, Fire Battalion Chief, Fire Department
Scott Watters, Firefighter, Fire Department
Zenon Moran, Custodian, Airport Department
08/05/2025 Santa Barbara City Council Minutes Page 1 of 4
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
AUGUST 5, 2025, 10:30 A.M.
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 10:30 a.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Wendy Santamaria, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: None.
Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. Knecht, Deputy City Clerk Caitlin Colyer.
RECESS
Mayor Rowse recessed to closed session at 10:31 a.m. and stated that no reportable action is anticipated.
Agenda Item No. 2
File Code No. 000.00
08/05/2025 Santa Barbara City Council Minutes Page 2 of 4
CLOSED SESSIONS
1. Subject: Conference with Labor Negotiator (440.05)
Recommendation: That Council hold a closed session pursuant to the authority of Government Code Section 54957.6 to consider instructions to City Negotiator/Acting Human Resources Director Rene Eyerly; Labor Relations Manager Sam Ramirez; and Assistant City Attorney John Doimas; and Liebert Cassidy Whitmore Attorneys Peter Q. Nguyen and Adrianna Guzman; regarding negotiations with: Service Employees’ International Union, Local 620, Treatment and Patrol Bargaining Unit; Service Employees’ International Union, Local 620, Santa Barbara City Employees’ Association (General Bargaining Unit); Fire Management Association; Santa Barbara City Firefighters Association; Police Officers Association; Police Management Association; Santa Barbara City Supervisory Employees; American Federation of State, County, and Municipal Employees and Unrepresented Managers and Confidential Employees.
Scheduling: Duration, 45 Minutes; anytime
Report: None anticipated
Document:
- August 5, 2025, report from the Acting Human Resources Director.
Time:
- 10:31 – 11:19 a.m.
Councilmember Gutierrez was excused at 10:39 a.m.
Report:
- No report made.
08/05/2025 Santa Barbara City Council Minutes Page 3 of 4
2. Subject: Conference with Real Property Negotiators (330.03) Recommendation: That Council hold a closed session pursuant to Government Code Section 54956.8 to discuss price and terms of payment for the purchase of the real property located at 816 Cacique Street, #A, Santa Barbara, CA.
Real Property: 816 Cacique Street, #A, Santa Barbara, CA (APN 017-240- 021)
City Negotiators: Sarah J. Knecht, City Attorney; Kelly McAdoo, City Administrator; Barbara Andersen, Senior Assistant to the City Administrator
Negotiating Party: Jennifer Hark Dietz, CEO PATH
Under Negotiation: Price and terms of purchase
Scheduling: Duration, 30 mins.
Report: None anticipated
Document:
- August 5, 2025, report from the City Attorney.
Time:
- 11:20 – 11:38 a.m.
Report:
- No report made.
PUBLIC COMMENT ON ITEMS LISTED ON THE AGENDA
Members of the Public: None.
08/05/2025 Santa Barbara City Council Minutes Page 4 of 4
ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:19 a.m.
Approved and adopted by the City Council of the City of Santa Barbara on September 9, 2025.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
08/11/2025 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
AUGUST 11, 2025
418 N. MILPAS STREET AND 915-923 E. GUTIERREZ STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 1:36 p.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Wendy Santamaria, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: Meagan Harmon, Mike Jordan.
Staff present: City Attorney Sarah J. Knecht, Interim Community Development Director Allison DeBusk, Project Planner Kathleen Kennedy.
1. Subject: 418 N. Milpas Street and 915-923 E. Gutierrez Street (640.07) Recommendation: That Council make a site visit to the property located at 418 N.
Milpas Street and 915-923 E. Gutierrez Street; the property on that site is the subject of an appeal set for hearing on August 12, 2025.
Discussion:
- City staff and Mayor and Councilmembers walked and viewed the location that is the subject of the appeal hearing.
- Councilmembers’ questions were answered.
PUBLIC COMMENT ON ITEMS LISTED ON THE AGENDA
Members of the Public: G. Perez, Prita Borh, Sabine Pollero. 08/11/2025 Santa Barbara City Council Minutes Page 2 of 2
ADJOURNMENT
Mayor Rowse adjourned the meeting at 2:09 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on September 9, 2025.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
08/12/2025 Santa Barbara City Council Minutes Page 1 of 3
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
AUGUST 12, 2025
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 10:30 a.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Mike Jordan, Wendy Santamaria (10:36 a.m.), Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: Meagan Harmon.
Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. Knecht, Deputy City Clerk Caitlin Colyer.
RECESS
Mayor Rowse recessed to closed session at 10:32 a.m. and stated that no reportable action is anticipated.
08/12/2025 Santa Barbara City Council Minutes Page 2 of 3
CLOSED SESSIONS
1. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.01)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is CCWA, et al. v. SBCFCWCD (Transfer Limitation Challenge)
SBSC Case No. 21CV02432.
Scheduling: Duration 30 mins; anytime
Report: None anticipated
Document:
- August 12, 2025, report from the City Attorney.
Time:
- 10:33 a.m. – 10:51 a.m.
Report:
- No report made
2. Subject: Conference with City Attorney – Existing Litigation – Gov. Code §54956.9(d)(1) (160.01)
Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (d)(1) of section 54956.9 of the Government Code and take appropriate action as needed.
The pending litigation is Marianne Wetzel v. City of Santa Barbara WCAB Case Nos.: ADJ12918275, ADJ10546056, ADJ16864172.
Scheduling: Duration 15 mins.
Report: None anticipated
Document:
- August 12, 2025, report from the Risk Manager.
Time:
- 10:52 a.m. – 10:55 a.m.
Report:
- No report made
08/12/2025 Santa Barbara City Council Minutes Page 3 of 3
3. Subject: Conference with City Attorney--Anticipated Litigation--Gov. Code § 54956.9(d)(2) & (e)(3) (160.03)
Recommendation: That Council hold a closed session to consider significant exposure to litigation (one potential case) pursuant to Government Code Section 54956.9(d)(2) & (e)(3) and take appropriate action as needed.
The anticipated litigation is based upon significant exposure arising out of the claim filed on January 20, 2024, through the law offices of Joseph Liebman; a copy is on file with the City Clerk’s office.
Scheduling: Duration: 15 mins.
Report: None anticipated
Document:
- August 12, 2025, report from the City Attorney.
Time:
- 10:56 a.m. – 11:07 a.m.
Report:
- No report made
PUBLIC COMMENT ON ITEMS LISTED ON THE AGENDA
Members of the Public: No one wished to speak.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:08 a.m.
Approved and adopted by the City Council of the City of Santa Barbara on September 9, 2025.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
08/19/2025 Santa Barbara City Council Minutes Page 1 of 2
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
SPECIAL MEETING
AUGUST 19, 2025
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 11:01 a.m.
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Meagan Harmon, Wendy Santamaria (11:10 a.m.), Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: Oscar Gutierrez, Mike Jordan.
Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. Knecht, Deputy City Clerk Caitlin Colyer.
RECESS
Mayor Rowse recessed to closed session at 11:02 a.m. and stated that no reportable action is anticipated.
08/19/2025 Santa Barbara City Council Minutes Page 2 of 2
CLOSED SESSION
1. Subject: Human Resources Director Appointment (440.03) Recommendation: That Council hold a closed session, pursuant to California Government Code Section 54957 (b)(1), to review the City Administrator’s appointment of a Human Resources Director as required under Santa Barbara City Charter Section 604(a).
Scheduling: Duration: 30 minutes; anytime
Report: No report anticipated.
Document:
- August 19, 2025, report from the City Administrator
Time:
- 11:02 a.m. – 11:18 a.m.
Report:
- No report made
PUBLIC COMMENT ON ITEMS LISTED ON THE AGENDA
No one wished to speak.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 11:18 a.m.
Approved and adopted by the City Council of the City of Santa Barbara on September 9, 2025.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
08/05/2025 Santa Barbara City Council Minutes Page 1 of 7
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 5, 2025
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Ordinance Committee met at 12:00 p.m. The Finance Committee, who ordinarily meets at 12:00 p.m., did not meet on this day.)
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez (2:34 p.m.), Meagan Harmon (2:02 p.m.), Mike Jordan, Wendy Santamaria, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: None.
Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. Knecht, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: Employee Recognition – Service Award Pins (120.04) Recommendation: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through August 31, 2025.
Action: City Administrator Kelly McAdoo read the names of the employees eligible to receive service award pins and expressed her gratitude for their service. 08/05/2025 Santa Barbara City Council Minutes Page 2 of 7
CHANGES TO THE AGENDA
City Administrator Kelly McAdoo noted two changes. First, for Item 6, recommendation B is not going forward. Second, for Item 8, Recommendation C changed to: “The City Council will make appointments to fill the vacancies on various City Advisory Groups on Tuesday, December 2, 2025.”
CONSENT CALENDAR (Item Nos. 2 - 8)
The titles of the Ordinances and Resolutions related to the Consent Calendar were read.
Motion:
Councilmembers Jordan/ Friedman to approve the consent calendar as recommended with changes as noted for Items 6 and 8.
Vote:
Unanimous roll call vote (Absent: Councilmember Gutierrez).
2. Subject: Adoption of Ordinance Regarding Lease Agreement between City of Santa Barbara and Dean [Ordinance Adoption] (330.04) Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving and Authorizing the Airport Director to Execute Lease Agreement No. 202502 with Jennifer Shively, a Sole Proprietorship, Operating Under the Name Dean, Located at 6100 Hollister Ave, Building 1 Unit B, Commencing Upon the Effective Date of the Enabling Ordinance.
Action: Approved the recommendation; Ordinance No. 6185.
3. Subject: Authorizing Portal to Portal Pay for Sworn and Non-Sworn Police and Fire Department Employees [Resolution] (410.01)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing Portal to Portal Pay for Sworn and Non-Sworn Police and Fire Personnel Assigned to Mutual Aid Response in Other Jurisdictions.
Action: Approved the recommendation; Resolution No. 25-086 (August 5, 2025, report from the Acting Human Resources Director; proposed Resolution). 08/05/2025 Santa Barbara City Council Minutes Page 3 of 7
4. Subject: Appropriation of Design Funds for Highway Safety Improvement Program Cycle 12 Projects [Resolution] (530.05)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, to Appropriate Funds for the Highway Safety Improvement Program Cycle 12 Projects.
Action: Approved the recommendation; Resolution No. 25-087 (August 5, 2025, report from the Acting Public Works Director; proposed Resolution).
5. Subject: Authorize Purchase of Real Property Located at 1633 La Coronilla Drive, Santa Barbara, and Appropriate Water Funds for the Purchase of Real Property Located at 1633 La Coronilla Drive [Resolution] (540.01) Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Authorizing the Acquisition of Real Property Located at 1633 La Coronilla Drive, Santa Barbara (APN 035-033-007); Authorizing the Public Works Director to Execute an Agreement for Purchase and Sale, Including Escrow Instructions and All Related Documents, Subject to Approval as to Form by the City Attorney; and Consenting to the Recordation of the Grant Deed Pursuant to Government Code Section 27281; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, to Appropriate Water Funds for the Purchase of Real Property Located at 1633 La Coronilla Drive.
Action: Approved the recommendations; Resolution Nos. 25-088, 25-089 (August 5, 2025, report from the Acting Public Works Director; proposed Resolutions).
6. Subject: Third Amendment to Professional Services Agreement for the Evaluation of Proposed Development at Paseo Nuevo [Resolution; Agreement] (170.01)
Recommendation: That Council:
A. Authorize the City Administrator to execute the third amendment to increase the amount of Santa Barbara City Agreement No. 22300248 with Strategic Economics, Inc., by $125,570, for a total contract amount of $389,141, to provide consulting services for the evaluation of proposed development at Paseo Nuevo, including assessing the economics of the development proposal and assisting with drafting the final Disposition and Development 08/05/2025 Santa Barbara City Council Minutes Page 4 of 7 Agreement as described in revised scope of services attached to the Third Amendment; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, for Professional Services for the Evaluation of Proposed Development at Paseo Nuevo.
Action: Approved the recommendation; Agreement No. 28,438.2 (August 5, 2025, report from the City Administrator; proposed Resolution).
7. Subject: Contract for Inspector of Record Services for the Santa Barbara Police Station Project [Agreement] (520.02)
Recommendation: That Council authorize the Public Works Director to execute a Professional Services Agreement with TransTech, Inc. for Inspector of Record services for the Santa Barbara Police Station Project in the amount of $698,514, with an additional $69,851 for extra services, for a total expenditure authority of $768,365.
Action: Approved the recommendation; Agreement No. 28,753 (August 5, 2025, report from the Acting Public Works Director).
8. Subject: Recruitment Schedule for City Advisory Groups (140.02) Recommendation:
A. The City Clerk’s Office will accept applications through Friday, October 3, 2025, at 5:00 p.m. to fill scheduled vacancies on various City Advisory Groups and the unscheduled vacancies resulting from resignations received in the City Clerk’s Office through Tuesday, September 16, 2025, at 5:00 p.m.;
B. The City Council will conduct interviews of applicants for vacancies on various City Advisory Groups on Tuesday, October 21, 2025; and C. The City Council will make appointments to fill the vacancies on various City Advisory Groups on Tuesday, November 18 December 2, 2025.
Action: Approved the recommendations.
08/05/2025 Santa Barbara City Council Minutes Page 5 of 7
REPORT FROM THE ORDINANCE COMMITTEE
Ordinance Committee Chair Sneddon reported that the Committee considered amendment of the Municipal Code pertaining to transfer of slip permits in Santa Barbara Harbor; Ordinance Committee approved additions and unanimously voted to move the item on and to submit the item to Council.
GENERAL PUBLIC COMMENT
Members of the Public: Michael Holliday; MJ.
PULLED CONSENT ITEMS
None.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
CITY ATTORNEY
9. Subject: Short-Term Vacation Rental Enforcement Program Update and Short-Term Rental Program Ordinance Update (640.09)
Recommendation: That Council:
A. Receive an update on the Short-Term Vacation Rental Enforcement Program (“Program”) from the City Attorney’s Office;
B. Receive summary background and update on the future Short-Term Rental permitting program; and
C. Direct staff to draft a Short-Term Rental Program, including a Home Share Ordinance, for the inland and coastal areas of the City.
Documents:
- August 5, 2025, report from the City Attorney.
- PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: City Attorney Investigator William Alva; Assistant City Attorney John Doimas; Assistant City Attorney Denny Wei; Project Planner Laura Bridley; Project Planner Rosie Dyste; Interim Community Development Director Allison DeBusk.
- Members of the Public: Steve Scales; Georgia Strickland; Lonie Kelly; Paul Sterne; Anna Sterne; Patricia Stork; Tiffany Haller; Diane Black; Linda Bentsch; Samantha Ireland; Charlie Carnow; Ana Arce; David Solis; Steve Fort; Jonah Breslau.
08/05/2025 Santa Barbara City Council Minutes Page 6 of 7 Councilmember Gutierrez joined the meeting at 2:34 p.m.
Discussion:
- Discussion topics included short-term rental enforcement and a shortterm rental permitting program. Councilmembers’ questions were answered.
RECESS
4:51 – 5:04 p.m.
CITY ADMINISTRATOR
10. Subject: Paseo Nuevo Redevelopment – Project Update [Resolution] (170.01) Recommendation: That Council:
A. Approve the amendment to the project description contained in the Project Agreement dated March 14, 2024 between the City of Santa Barbara and Paseo Propco, LLC and direct the City Administrator and the City Attorney to negotiate a Disposition and Development Agreement for redevelopment of the Paseo Nuevo Shopping Center consistent with the terms outlined in the Council Agenda Report including the change in configuration of the project and the City’s financial contribution; and
B. Adopt, by reading of title only, a Resolution of the City Council of the City of Santa Barbara Supplementing Resolution No. 24-016 Declaring Designated Parcels of City-Owned Property to be Exempt Surplus Land Pursuant to Subparagraph (J) of Paragraph (1) of Subdivision (F) of California Government Code Section 54221 – Paseo Nuevo – by the Addition of CityOwned Property Commonly Referred to as Parking Lot 2.
Documents:
- August 5, 2025, report from the City Administrator.
- Proposed Resolution.
- PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: State Street Master Planner Tess Harris; Assistant Dan Hentschke.
- Strategic Economics Consultant: Dena Belzer.
- Maxima Group Consultant: Patricia Flynn.
- Members of the Public: Anthony Grumbine, Rich Applebaum, Dianne Black, Barry Remis, Robin Elander, Linda Honikman, Frederick Janka, Stephen Logan, Mimi Do, Ana Arce, Trey Pinner, Steve Johnson. 08/05/2025 Santa Barbara City Council Minutes Page 7 of 7 Motion:
Councilmembers Harmon/Friedman to approve recommended actions; Resolution No. 25-090.
Vote:
Unanimous roll call vote.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS & ENGAGEMENTS - Councilmember Gutierrez attended the following meetings or events: 1. Old Spanish Day Fiesta events; 3. Respects to Anthony Michael Bisquera Hartley and thanked the Police Department for their quick response; 4. Acknowledged Helen Grace. - Councilmember Sneddon attended the following meetings or events: 1. HLC meeting;
2. Acknowledged the Medina-Garcia family and acknowledged loss of father Isidro Medina-Garcia.
- Mayor Rowse attended the following meetings or events: 1. Fiesta Finale dedicated to the memory of Erin Graffey.
PUBLIC COMMENT (IF NECESSARY)
No one wished to speak.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 7:23 p.m. in the memory of Peter MacDougall.
Approved and adopted by the City Council of the City of Santa Barbara on September 9, 2025.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
08/12/2025 Santa Barbara City Council Minutes Page 1 of 7
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 12, 2025
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Finance Committee met at 12:00 p.m. The Ordinance Committee, which usually meets at 12:00 p.m., did not meet this day).
PLEDGE OF ALLEGIANCE
Mayor Rowse.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Mike Jordan, Wendy Santamaria, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: None.
Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. Knecht, City Clerk Services Manager Sarah Gorman.
CEREMONIAL ITEMS
1. Subject: National Disability Independence Day (120.04) Action: Mayor Rowse presented the proclamation to Bob Burnham.
Speakers:
- Members of the public: Michael Rassler.
CHANGES TO THE AGENDA
There were no changes to the agenda.
08/12/2025 Santa Barbara City Council Minutes Page 2 of 7 CONSENT CALENDAR (Item Nos. 4 – 5)
The titles of the Ordinances and Resolutions related to the Consent Calendar were read.
Motion:
Councilmembers Friedman/Harmon to approve items 4 – 5 of the consent calendar as recommended.
Vote:
Unanimous roll call vote.
4. Subject: Adoption of Substantial Amendment to HOME American Rescue Plan Funds Allocation Plan (170.01)
Recommendation: That Council adopt the City’s HOME American Rescue Plan (ARP) Allocation Plan Substantial Amendment for submittal to the U.S.
Department of Housing and Urban Development (HUD).
Action: Approved the recommendation (August 12, 2025, report from the Interim Community Development Director).
5. Subject: Approve Sole Source Purchasing Request for Parking Revenue Control Equipment, Maintenance Services, Replacement Parts, and Payment Processing (170.01)
Recommendation: That Council authorize an amendment to the current five-year sole source purchase request with SKIDATA, Inc. to increase funds available and allow the General Services Manager to award purchase order contracts necessary to support continued operation of the City’s parking facilities.
Action: Approved the recommendation (August 12, 2025, report from the Acting Public Works Director).
08/12/2025 Santa Barbara City Council Minutes Page 3 of 7
CONSENT PUBLIC HEARING
6. Subject: Zoning Map Amendment for 2020 Chapala Street [Ordinance Introduction] (640.09)
Recommendation: That Council:
A. Approve the Zoning Map Amendment to change the zoning designation from O-R (Office Restricted) to C-G (Commercial General); B. Find that the project qualifies for an exemption from further environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15305, Minor Alterations in Land Use Limitations; C. Find that the C-G zoning classification is consistent with the General Plan; and
D. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Sectional Zoning Map of the City of Santa Barbara, as Referenced in Santa Barbara Municipal Code Title APX, Section SM.010, pertaining to Assessor Parcel Number 025-311-023 located at 2020 Chapala Street.
Public hearing opened: 2:14 p.m.
Document:
- August 12, 2025, report from the Interim Community Development Director.
- Proposed Ordinance.
Speakers:
- Members of the Public: None.
- Staff: None.
Public hearing closed: 2:16 p.m.
Motion:
Councilmembers Harmon/Friedman to approve the recommendations as made by staff.
Vote:
Unanimous roll call vote.
REPORT FROM THE FINANCE COMMITTEE
Councilmember Friedman reported that Finance Committee recommended that Council hear a proposal for a loan for $3,500,000 for a housing project at 400 West Carrillo Street. 08/12/2025 Santa Barbara City Council Minutes Page 4 of 7
GENERAL PUBLIC COMMENT
Members of the Public: Mark Wofford; Aron Ashland.
PULLED CONSENT ITEMS
2. Subject: Amendment to Title 17 of the Santa Barbara Municipal Code Pertaining to Transfer of Slip Permits in the Santa Barbara Harbor [Ordinance Introduction] (570.03)
Recommendation: That City Council introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code (“SBMC”) by Adding Section to 17.20.005 Relating to Transfer of Slip Permits in the Santa Barbara Harbor.
Documents:
- August 12, 2025, report from the Waterfront Director. - Proposed Ordinance.
Speakers:
- Members of the Public: Chris Voss.
3. Subject: Amending Waterfront Department Resolution No. 03-095 for Vessel Measurement and Size Restriction, and Amending Resolution 14-023 Establishing Slip Occupancy Policy to Include Nine Commercial Fishing Slips in the Santa Barbara Harbor [Resolution] (570.03) Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 03-095 Pertaining to the Regulation of Vessel Measurement and Size Restrictions in Santa Barbara Harbor; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 14-023 Establishing a Slip Occupancy Policy for Designated Commercial Fishing Slips in Santa Barbara Harbor.
Documents:
- August 12, 2025, report from the Waterfront Director. - Proposed Resolution.
Speakers:
- Members of the Public: Chris Voss.
08/12/2025 Santa Barbara City Council Minutes Page 5 of 7 Motion:
Councilmembers Friedman/Sneddon to approve Items 2 and 3 as recommended; Resolution Nos. 25-091; 25-092.
Vote:
Unanimous roll call vote.
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC HEARING
QUASI-JUDICIAL RULES APPLY TO THE FOLLOWING AGENDA ITEM
COMMUNITY DEVELOPMENT DEPARTMENT
7. Subject: Appeal of Architectural Board of Review’s Approval of the 418 N.
Milpas Street and 915-923 E. Gutierrez Street Project (640.07) Recommendation: That Council:
A. Consider and deny Natasha Todorovic’s appeal of the Architectural Board of Review’s Project Design Approval of the 418 N. Milpas Street and 915- 923 E. Gutierrez Street Project, and make the findings set forth in the Council Agenda Report; and
B. Direct staff to return to Council with a Decision and Findings Resolution reflecting the outcome of the appeal.
Public hearing opened at 2:22 p.m.
Ex parte disclosures:
Councilmember Jordan disclosed that he did not attend the formal site visit but visited the site on his own.
No other ex parte communications were disclosed.
Documents:
- August 12, 2025, report from the Interim Community Development Director
- PowerPoint presentation prepared and presented by staff. 08/12/2025 Santa Barbara City Council Minutes Page 6 of 7 Speakers:
- Staff: Interim Community Development Director Allison DeBusk, Project Planner Kathleen Kennedy, Assistant City Attorney Tava Ostrenger; Supervising Transportation Planner Jessica Grant; Project Planner Julia Pujo.
- Architectural Board of Review: Will Sofrin; Lauren Anderson. - Appellant: Natasha Todorovic, Gil Barry.
- Applicant: Ginger Andersen; Beth Collins.
- Members of the public: Jonathan Duran; Brian Miller; Christine Neuhauser; Naomi Greene; Natalia Govoni; Britta Bartels; Arturo Gallegos; David Neuhauser; Sue Mellor; Sebastian Aldana; Andy Zwerin; Anna Marie Gott; Naomi Greene, Mary Ellen Brooks, Victoria Valente, Ana Arce.
RECESS
4:18 – 4:47 p.m.
7. Subject: Appeal of Architectural Board of Review’s Approval of the 418 N.
Milpas Street and 915-923 E. Gutierrez Street Project (640.07) (CONT’D) Public Hearing closed at 5:30 p.m.
Motion:
Councilmembers Jordan/Harmon to approve the recommendation as made by staff starting on page 12 of the staff report. Staff to return to City Council with the resolution reflecting the findings.
Councilmember Santamaria: Proposed an amendment to vote on recommendations A and B separately.
Withdrawn.
Vote:
Majority roll call vote (No: Councilmembers Santamaria, Sneddon, Guterriez)
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS AND ENGAGEMENTS - Councilmember Gutierrez attended the following meetings or events: 1. Creative Resistance at Community Arts Workshop.
- Councilmember Sneddon attended the following meetings or events: 1. Peace Day by Nuclear Peace Foundation; 2. Sustainability and Resilience Committee Meeting; 3.
CCRB meeting.
08/12/2025 Santa Barbara City Council Minutes Page 7 of 7
PUBLIC COMMENT (IF NECESSARY)
No one wished to speak.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 6:40. p.m. in the memory of Pat Fallan, former head of the Sister Cities Association.
Approved and adopted by the City Council of the City of Santa Barbara on September 9, 2025.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
08/19/2025 Santa Barbara City Council Minutes Page 1 of 9
CITY OF SANTA BARBARA
CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 19, 2025
COUNCIL CHAMBERS, 735 ANACAPA STREET
CALL TO ORDER
Mayor Randy Rowse called the meeting to order at 2:00 p.m. (The Finance Committee and Ordinance Committee, which normally meet at 12:00 p.m., did not meet this day).
PLEDGE OF ALLEGIANCE
Mayor Rowse.
Councilmember Gutierrez announced that he would be invoking the Just Cause exemption to the Brown Act due to illness and would be appearing remotely.
ROLL CALL
Councilmembers present: Eric Friedman, Oscar Gutierrez, Meagan Harmon, Wendy Santamaria, Kristen W. Sneddon, Mayor Randy Rowse.
Councilmembers absent: Mike Jordan.
Staff present: City Administrator Kelly McAdoo, City Attorney Sarah J. Knecht, City Clerk Services Manager Sarah Gorman.
CHANGES TO THE AGENDA
There were no changes to the agenda.
CONSENT CALENDAR (Item Nos. 1 – 2, 5 – 11, 13 - 17)
The titles of the Ordinances and Resolutions related to the Consent Calendar were read.
Motion:
Councilmembers Sneddon/Harmon to approve items 1 – 2, 5 – 11, and 13 - 17 of the consent calendar as recommended.
Vote:
Unanimous roll call vote (Absent: Councilmember Mike Jordan). 08/19/2025 Santa Barbara City Council Minutes Page 2 of 9
1. Subject: Minutes (000.00)
Recommendation: That Council waive reading and approve the minutes for the special meetings of July 15, July 29, and July 31, 2025; and for the regular meeting of July 29, 2025.
Action: Approved the recommendation.
2. Subject: Amendment to Title 17 of the Santa Barbara Municipal Code Pertaining to Transfer of Slip Permits in the Santa Barbara Harbor [Ordinance Adoption] (570.03)
Recommendation: That City Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code (“SBMC”) by Adding Section to 17.20.005 Relating to Transfer of Slip Permits in the Santa Barbara Harbor.
Action: Approved the recommendation; Ordinance No. 6186.
5. Subject: Skofield Park Resident Caretaker [Agreement] (570.05) Recommendation: That Council authorize the Parks and Recreation Director to execute a Caretaker Rental Agreement for Skofield Park with Todd Newell, commencing September 1, 2025, through August 31, 2026.
Action: Approved the recommendation; Agreement No. 28,755 (August 19, 2025, report from the Parks & Recreation Director).
6. Subject: Waterfront Department Proposed Lease Agreement with Allied Voyage LLC, dba Ocean Aire, for the Lease Space Located at 125 Harbor Way, Suite 21 [Agreement] (330.04)
Recommendation: That Council approve a five-year lease agreement with Allied Voyage LLC, dba Ocean Aire, for second floor office space at 125 Harbor Way, Suite 21.
Action: Approved the recommendation; Agreement No. 28,756 (August 19, 2025, report from the Waterfront Director).
08/19/2025 Santa Barbara City Council Minutes Page 3 of 9
7. Subject: Approval of Benefits Administration Contract [Agreement] (430.06) Recommendation: That Council authorize the Acting Human Resources Director to enter into an agreement with Benefit Coordinators Corporation for employee benefits administration services effective July 1, 2025.
Action: Approved the recommendation; Agreement No. 28,757 (August 19, 2025, report from the Acting Human Resources Director).
8. Subject: Amendment of Contract with Water Systems Consulting for the Wastewater and Water Systems Climate Adaptation Plan [Agreement] (630.02)
Recommendation: That Council authorize the Sustainability and Resilience Director to execute a second amendment to Professional Services Agreement Number 28,364 with Water Systems Consulting for the Wastewater and Water Systems Climate Adaptation Plan to increase the amount of the contract by $99,990 for a total contract amount of $789,826.
Action: Approved the recommendation; Agreement No. 28,364.2 (August 19, 2025, report from the Sustainability and Resilience Director).
9. Subject: Agreements for Fiscal Year 2025 and 2026 with City Net to Provide Street Outreach, Case Management and Housing Navigation Services [Agreement] (660.04)
Recommendation: That Council:
A. Authorize the City Administrator to execute a three-month agreement from April 1, 2025 to June 30, 2025 in the amount of $133,973 with Kingdom Causes, Inc. (dba City Net) to provide homeless outreach, case management and housing navigation services, and evening and weekend street outreach, with funding from the Permanent Local Housing Allocation program; and
B. Authorize the City Administrator to execute a nine-month agreement from July 1, 2025 to March 31, 2026 in the amount of $401,919 with Kingdom Causes, Inc. (dba City Net) to provide homeless outreach, case management and housing navigation services, and evening and weekend street outreach, with funding from the Permanent Local Housing Program, HOME Investment Partnership Program, and Measure I.
Action: Approved the recommendation; Agreement Nos. 28,758; 28,759 (August 19, 2025, report from the City Administrator).
08/19/2025 Santa Barbara City Council Minutes Page 4 of 9
10. Subject: Santa Barbara Clean Energy 2024 Power Source Disclosure Attestation (630.02)
Recommendation: That Council approve the attestation for Santa Barbara Clean Energy specified under California’s Power Source Disclosure Program, which requires the governing Council of a public agency providing retail electric service to endorse the accuracy of the Power Source Disclosure annual report, as submitted to the California Energy Commission, for the previous year.
Action: Approved the recommendation.
11. Subject: Environmental Determination for the Westside and Lower West Neighborhoods Transportation Management Plan Implementation Project for Notice of Exemption (530.04)
Recommendation: That Council determines that the Westside and Lower West Neighborhoods Transportation Management Plan Implementation Project is exempt under California Environmental Quality Act Guidelines Section 15301 Existing Facilities (c) and directs the filing of a Notice of Exemption in compliance with California Environmental Quality Act Guidelines Section 15062.
Action: Approved the recommendation.
13. Subject: Response to the Santa Barbara County Civil Grand Jury Report on Santa Barbara County South Coast Housing Crisis (150.04) Recommendation: The Council authorize the Mayor to send a letter of response to the Santa Barbara County Grand Jury and Presiding Judge Patricia Kelly regarding the Grand Jury 2024 – 2025 Report titled “Santa Barbara County South Coast Housing Crisis: A Call to Action.”
Action: Approved the recommendation.
08/19/2025 Santa Barbara City Council Minutes Page 5 of 9
14. Subject: Response to Santa Barbara County Grand Jury Report Regarding Water Management (150.04)
Recommendation: That Council:
A. Consider and adopt the letter response to the Honorable Patricia Kelly, Presiding Judge, Santa Barbara Superior Court regarding the 2024-2025 Grand Jury report entitled “Water Management in Santa Barbara County Keep Up the Good Work”; and
B. Authorize the Mayor to sign and forward the response letter to the Presiding Judge of Santa Barbara County Superior Court.
Action: Approved the recommendation.
15. Subject: Delegation of Voting Delegate for League of California Cities Annual Conference (180.01)
Recommendation: That Council designate Mayor Pro Tempore Eric Friedman as the City’s voting delegate, and designate Councilmember Oscar Gutierrez as an alternate to represent the City of Santa Barbara at the League of California Cities Annual Meeting, October 8 – 10, 2025.
Action: Approved the recommendation.
GENERAL PUBLIC COMMENT
Members of the Public: Casey Caldwell.
PULLED CONSENT ITEMS
3. Subject: Zoning Map Amendment for 2020 Chapala Street [Ordinance Adoption] (640.09)
Recommendation: That Council adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending the Sectional Zoning Map of the City of Santa Barbara, as Referenced in Santa Barbara Municipal Code Title APX, Section SM.010, pertaining to Assessor Parcel Number 025-311-023 located at 2020 Chapala Street.
Documents:
- August 19, 2025, report from the Acting Community Development Director.
- Proposed Ordinance.
08/19/2025 Santa Barbara City Council Minutes Page 6 of 9 Motion:
Councilmembers Friedman/Harmon to approve recommended action; Ordinance Number 6187.
Vote:
Unanimous roll call vote (Absent: Councilmember Jordan).
4. Subject: Loan to Housing Authority for $3,500,000 for Development of Property Located at 400 West Carrillo Street [Ordinance Introduction; Resolution] (610.04)
Recommendation: That Council:
A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Approving a Loan with the Housing Authority of the City of Santa Barbara in the Amount of $3,500,000 for Development of Real Property Located at 400 West Carrillo Street to Be Used for Affordable Housing, to Be Secured by a Deed of Trust and a 90- Year Affordability Control Covenant Imposed on Real Property and Authorizing the City Administrator to Execute Such Agreements, subject to approval as to form by the City Attorney;
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, to Approve an Increase in Fiscal Year 2026 Expenditure Appropriations in the Local Housing Trust Fund (LHTF) in the Amount of $3,500,000 to Fund a Loan Agreement with the Housing Authority of the City of Santa Barbara for Development of Real Property Located at 400 West Carrillo Street; and
C. Authorize the City Administrator to execute amendments to the Project Agreement between the City and Housing Authority of the City of Santa Barbara necessary or convenient to implement the revised project financing, in a form approved by the City Attorney.
Documents:
- August 19, 2025, report from the City Administrator.
- Proposed Ordinance.
- Proposed Resolution.
Motion:
Councilmembers Sneddon/Santamaria to approve recommended action; Resolution Number 25-094.
Vote:
Majority roll call vote (No: Mayor Rowse; Absent: Councilmember Jordan). 08/19/2025 Santa Barbara City Council Minutes Page 7 of 9
12. Subject: City’s Response to Findings and Recommendations to Santa Barbara County Grand Jury Report Regarding “E-Bikes in Santa Barbara:
What Will It Take to Make Them Safe?” (150.04)
Recommendation: That Council authorize the Mayor to send a letter of response to the Santa Barbara County Grand Jury and Presiding Judge Patricia Kelly, regarding the Grand Jury 2024-2025 Report “E-Bikes in Santa Barbara: What Will It Take to Make Them Safe?”.
Documents:
- August 19, 2025, report from the City Administrator.
Speakers:
- Members of the Public: Barry Remis.
Motion:
Councilmembers Friedman/Harmon to approve recommended action.
Vote:
Unanimous roll call vote (Absent: Councilmember Jordan.)
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
PUBLIC WORKS DEPARTMENT
16. Subject: Final Design and Environmental Services for the Vic Trace Reservoir Replacement Project [Agreement] (540.09)
Recommendation: That Council:
A. Authorize the Public Works Director to execute a professional service contract with Kennedy Jenks Consultants Inc., in the amount of $5,547,173 for final design services for the Vic Trace Reservoir Replacement Project and authorize $554,717 for potential extra services, for a total expenditure authority of $6,101,890; and
B. Authorize the Public Works Director to execute the First Contract Amendment with Rincon Consultants Inc., for environmental services for the Vic Trace Reservoir Replacement Project, Contract No. 28,549, in the amount of $104,968, for a total expenditure authority of $489,580.
Documents:
- August 19, 2025, report from Acting Public Works Director. - PowerPoint presentation prepared and made by staff.
08/19/2025 Santa Barbara City Council Minutes Page 8 of 9 Speakers:
- Staff: Acting Public Works Director Josh Haggmark; Senior Project Engineer Kelly Bourque
- Members of the Public: None.
Motion:
Councilmembers Sneddon/Friedman to approve recommended actions; Agreement Nos. 28,760; 28,549.1.
Vote:
Unanimous roll call vote (Absent: Councilmember Mike Jordan).
CITY ADMINISTRATOR
17. Subject: Allocation of Funding in Support of Local Immigrant-Serving Organizations [Resolution] (610.04)
Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the City Council of the City of Santa Barbara Amending Resolution No. 25-066, Adopting the Budget for Fiscal Year 2026, to Approve and Increase in Fiscal Year 2026 Expenditure Appropriations in the Flexible Housing Fund in the Amount of $500,000 to Fund a Grant Agreement with a Local Non-Profit Organization for Immigrant Support Services;
B. Direct the City Administrator’s Office to distribute $130,000 of the allocated funding in support of the Immigrant Legal Defense Center; and C. Direct the City Administrator’s Office to partner with the Fund for Santa Barbara to facilitate a grant program to distribute the remaining $370,000 to other local immigrant-serving organizations.
Documents:
- August 19, 2025, report from the City Administrator.
- Proposed Resolution.
- PowerPoint presentation prepared and made by staff.
Speakers:
- Staff: Senior Assistant to the City Administrator Barbara Andersen. - Members of the Public: Fernando Martinez; Teresa Suarez; Raul Olivera; Javier Mondar; Maria Rincon; Jorge Toledano Ortiz; Julia Almazan; Sergio Castillo Perez; Yajaira Arroyo; Ezequiel Alonzo; Larry Behrendt; Anita Perez Ferguson; Jaqueline Karlson; Ana Arce; Daniel Gonzalez.
08/19/2025 Santa Barbara City Council Minutes Page 9 of 9 Motion:
Councilmembers Sneddon/Santamaria to approve recommended actions; Resolution No. 25-095.
Vote:
Majority roll call vote (No: Mayor Rowse; Absent: Councilmember Mike Jordan).
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS & ENGAGEMENTS - Councilmember Sneddon attended the following meetings or events: 1. Chamber of Commerce quarterly meeting; 2. COMB Oak Tree meeting; 3. Creeks Committee meeting; 4. Discussed Water Commission meeting.
PUBLIC COMMENT (IF NECESSARY)
No one wished to speak.
ADJOURNMENT
Mayor Rowse adjourned the meeting at 3:18 p.m.
Approved and adopted by the City Council of the City of Santa Barbara on September 9, 2025.
SANTA BARBARA CITY COUNCIL SANTA BARBARA
CITY CLERK'S OFFICE
_______________________________ ATTEST: ______________________________
RANDY ROWSE SARAH GORMAN
MAYOR CITY CLERK SERVICES MANAGER
ORDINANCE NO._____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA APPROVING A LOAN WITH THE
HOUSING AUTHORITY OF THE CITY OF SANTA
BARBARA IN THE AMOUNT OF $3,500,000 FOR
DEVELOPMENT OF REAL PROPERTY LOCATED AT
400 WEST CARRILLO STREET TO BE USED FOR
AFFORDABLE HOUSING, TO BE SECURED BY A DEED
OF TRUST AND A 90-YEAR AFFORDABILITY CONTROL
COVENANT IMPOSED ON REAL PROPERTY AND
AUTHORIZING THE CITY ADMINISTRATOR TO
EXECUTE SUCH AGREEMENTS, SUBJECT TO
APPROVAL AS TO FORM BY THE CITY ATTORNEY
WHEREAS, the Housing Authority of the City of Santa Barbara (“Housing Authority”) is developing real property commonly known as 400 West Carrillo Street in the City of Santa Barbara ("Property); and
WHEREAS, the Property will be developed with 63 new rental apartments with 7 units restricted for rent to low-income households (80% of area median income and below) and 55 units restricted for rent to moderate income households (80 – 120% of area median income, with one onsite manager apartment, pursuant to a Project Agreement dated October 6, 2021, and a Development Agreement dated November 23, 2023, between the City and the Housing Authority; and
WHEREAS, by minute action on August 19, 2025, the City Council authorized certain amendments to the Project Agreement and introduced this ordinance to approve a 30-year loan in the amount of Three Million Five Hundred Thousand Dollars ($3,500,000), from the City’s Local Housing Trust Fund ("City Loan"), secured by a deed of trust and a ninety-year affordability control covenant; and WHEREAS, the City Loan City loan will have a 30-year term at three percent simple interest with a maturity date in 2055. Payments on the loan will be due on a residual-receipts basis, meaning no payments will be due unless the net income of the Agenda Item No. 3
File Code No. 610.04
project, after payment of necessary operating expenses and debt service, is sufficient to support such payments;
WHEREAS, in consideration of the City’s commitments under the Project Agreement and Development Agreement and in exchange for the City Loan, Housing Authority and City agree to record an Affordability Control Covenant imposed on Real Property restricting the rental of the Property to Affordable Housing ("Covenant") for a total of 90 years; and
WHEREAS, the City Administrator and City Attorney are authorized and directed to prepare a loan agreement, deed of trust, covenant, and amendments to the Project Agreement to implement this ordinance
THE COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
In accordance with the provisions of Section 521 of the Charter of the City of Santa Barbara, an Ordinance of the Council of the City of Santa Barbara approving the City Loan and authorizing the City Administrator to execute a loan agreement, Deed of Trust, Covenant, and amended Project Agreement, in a form approved by the City Attorney, and further authorizing the City Administrator to execute such further documents and agreements necessary or convenient to implement the ordinance, in a form approved by the City Attorney, is hereby approved.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: September 9, 2025
TO: Mayor and Councilmembers
FROM: Public Works Department
SUBJECT: Contract Amendment for Environmental Services for the Las Positas and Modoc Roads Multiuse Path Project [Ordinance Introduction; Agreement]
RECOMMENDATION: That Council:
A. Introduce and subsequently adopt, by reading of title only, an Ordinance of the Council of the City of Santa Barbara Amending and Ratifying Agreement No. 26,724, by and Between the City of Santa Barbara and Rincon Consultants, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for the Las Positas and Modoc Roads Multiuse Path Project; and B. Authorize the Public Works Director to execute the Fourth Amendment to City Professional Services Agreement No. 26,724 with Rincon Consultants, Inc. for environmental monitoring and restoration specialist services for the Las Positas and Modoc Roads Multiuse Path Project, with no change in cost to the current agreement values previously approved by Council.
DISCUSSION:
Background
The Las Positas and Modoc Roads Multiuse Path Project (Project) was completed in 2022 and constructed a separated pathway for bicyclists, runners, and pedestrians of all ages and abilities along Las Positas and Modoc Roads. The pathway begins on Modoc Road at the western City of Santa Barbara (City) limits and continues east for approximately one mile toward the intersection of Modoc and Las Positas Roads and then veers south for approximately 1.6 miles along the west side of Las Positas Road to Cliff Drive. The Project connects the Pacific Coastal Bike Route and the Crosstown Bike Route.
Current Status
To fulfill the mitigation requirements associated with the Project, restoration of riparian habitat, coastal sage scrub, coast live and island oaks, and other native trees were established along Mesa Creek, Elings Park, and along the pathway. The Project is now Agenda Item No. 4
File Code No. 530.04
Council Agenda Report
Contract Amendment for Environmental Services for the Las Positas and Modoc Roads Multiuse Path Project [Ordinance Introduction; Agreement] September 9, 2025
in the fourth year of the required seven-year mitigation and monitoring period in accordance with the adopted Mitigation Monitoring and Reporting Plan.
The Fourth Amendment to Agreement No. 26,724 with Rincon Consultants, Inc. (Rincon) amends only the scope to reallocate unspent budget, which will allow for the replacement of island oaks and their irrigation for two years to meet the successful criteria.
The Project requires monitoring for seven years; therefore, an Ordinance is required to extend the Agreement beyond the standard five-year term per City Charter Section 521.
The anticipated contract completion date is December 31, 2028.
BUDGET/FINANCIAL INFORMATION:
The following summarizes the Rincon contract amounts previously approved by Council on June 16, 2020, and March 1, 2022.
CONTRACTS FUNDING SUMMARY
Rincon Consultants, Inc. Base Contract Extra Services
Authority
Contract
Value
Initial Contract Amount $859,044.00 $85,904.00 $944,948.00 First Amendment $348,836.00 $34,883.00 $1,328,667.00
Second Amendment ($43,537.54) $0.00 $1,285,129.46
Third Amendment $13,928.00 $0.00 $1,299,057.46
Fourth Amendment * $0.00 $0.00 $1,299,057.46
*The Fourth Amendment does not change the total contract authority approved by Council. The amendment is a no cost scope and schedule change to the existing contract.
If staff’s recommendation is approved, the total environmental monitoring and restoration specialist services contract expenditure authority will remain at $1,299,057.46. There are sufficient expenditure appropriations in the Project in the Streets Grant Capital Fund in Fiscal Year 2026 to cover all remaining Project costs.
A copy of the amendment may be requested from the Public Works Department for public review by contacting [email protected].
SUSTAINABILITY IMPACT:
The City has a sustainability target of having 15 percent of all commuters travel by bicycle by the year 2030. The Project has attracted new riders and walkers by making the Las Positas Valley a safer and more accessible place to travel by bicycle and foot. The pathway has also created an opportunity for a reduction in energy consumption, helping the City meet its greenhouse gas emission reduction goals.
In addition to the required mitigation quantities to offset environmental impacts during construction activities, an additional 547 coastal sage scrub and chaparral shrubs and Council Agenda Report
Contract Amendment for Environmental Services for the Las Positas and Modoc Roads Multiuse Path Project [Ordinance Introduction; Agreement] September 9, 2025
0.97 acre of hydroseed were planted along the pathway, as well as an additional 4.12 acres of riparian vegetation were enhanced at the Mesa Creek Mitigation Site.
ENVIRONMENTAL REVIEW:
The Project went through the environmental and design review process and was subject to review under both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). The Project’s Mitigated Negative Declaration was adopted on February 9, 2017, by the City’s Planning Commission and a Notice of Determination was filed on February 16, 2017. The Project was determined to be categorically exempt under NEPA on March 1, 2017, and re-validated on October 15, 2019. Two CEQA addenda have been approved to reflect minor adjustments to the Project’s final design, the first in 2019 to address value-engineering analysis and the second in 2022 to address the inclusion of the Mesa Creek Mitigation Site.
PREPARED BY: Brian D’Amour, P.E., City Engineer/BAC/CH/sk SUBMITTED BY: Joshua Haggmark, P.E., Acting Public Works Director APPROVED BY: Kelly McAdoo, City Administrator
1 ORDINANCE NO.____________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING AND RATIFYING
AGREEMENT NO. 26,724, BY AND BETWEEN THE CITY
OF SANTA BARBARA AND RINCON CONSULTANTS,
INC. FOR ENVIRONMENTAL MITIGATION AND
RESTORATION SPECIALIST SERVICES, AND
RELATED SUPPORT FOR THE LAS POSITAS AND
MODOC ROADS MULTIUSE PATH PROJECT
WHEREAS, the City of Santa Barbara (hereinafter “the City”) and Rincon Consulting, Inc. (hereinafter “Consultant”) have been operating under the terms of the July 9, 2020 Agreement (hereinafter “the Agreement”); and WHEREAS, the Agreement was previously amended on three separate occasions in March of 2022, October of 2022, and August of 2024; and WHEREAS, the City and Consultant now desire to amend the Agreement for a Fourth time for a change in scope and an extended completion date.
THE COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. That the Agreement is hereby Ratified as set forth in said Agreement and Amendments First through Third, a copy of which is attached as Exhibit A hereto and made a part hereof.
SECTION 2. That the Agreement is hereby Amended as set forth in the Fourth Amendment, a copy of which is attached as Exhibit B hereto and made a part hereof.
SANTA BARBARA City AGREEMENT NO. ^^? 7 2.
with
Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 4021 2
SECTION 1: INTRODUCTORY PROVISIONS
A. The parties to this contract are the City of Santa Barbara, California, a charter city ("City") and Rincon Consulting Inc., a California Corporation ("Contractor").
B. The total compensation payable under this contract, including extra services when authorized, shall not exceed the sum of $944, 948. 00 unless an amendment has been approved by the City as provided in this contract. This contract provides the exclusive means of payment and reimbursement for costs to Contractor by the City.
The compensation payable under this contract includes expenses incurred in the performance of this contract, including travel and per diem, unless expense reimbursement is expressly authorized in Exhibit A.
C. No amendment, alteration, or variation of the terms of this contract will be valid, unless made in writing and signed the parties hereto; and no oral understanding or agreement not incorporated herein, is binding on any of the parties hereto. The Department Head may approve amendments to this contract that do not increase the not to exceed sum by more than $35, 000 in the aggregate. All other amendments must be approved by the City Council.
D. This contract includes the following attached exhibits:
. Exhibit A - scope of services; personnel; approved cost proposal; time and schedule of performance (Exhibit A is sometimes referred to in this contract as the "Statement of Work");
. Exhibit B - Insurance Requirements.
. Exhibit C - Consultant Contract DBE Commitment;
. Exhibit D - Cost Proposal
E. The City's representative for administration of this contract is Alex Ubaldo, P.E., Supervising Civil Engineer, who is the designated Contract Manager. The City may change the Contract Manager at any time upon notice to the Contractor.
F. The Contractor's representative for administration of this contract is Christopher Julian, who is designated as the Project Manager. The Project Manager will have direct responsibility for interacting with City staff and delivering Contractor's services to the City under this Contract. Contractor will not substitute nor otherwise allow any other person to serve in place of the Project Manager without the written consent of the Department Head, who shall have sole discretion as to whether the proposed substitution is acceptable. Should Contractor substitute or allow any unauthorized
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
person to serve as project manager, Contractor shall have no right to any monies for services provided by that unauthorized person and City shall also have the right to immediately terminate this Contract.
G. Any notice or instrument required to be given or delivered by law or this contract shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to:
City of Santa Barbara
Public Works Department, Engineering
PO Box 1990
Santa Barbara, CA 93102
Attn: Alex Ubaldo (Contract Manager)
Contractor
Rincon Consulting, Inc.
209 East Victoria Avenue.
Attn: Christopher Julian (Project Manager)
Either party may change the address or identity of the person for notices under this paragraph by written notice to the other delivered in accordance with this paragraph.
Routine administrative communication required to be in writing may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Project Manager and Contract Manager.
SECTION 2: SCOPE OF SERVICES
A. Contractor agrees to provide environmental mitigation and restoration specialist services, and related support for Las Positas and Modoc Roads Multiuse Pathway Project, as described in the Statement of Work.
B. Contractor will perform all services in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Contractor's profession currently practicing in California. By delivery of completed work, Contractor affirms that the work conforms to the requirements of this contract and all applicable federal, state, and local laws and the professional standard of care in California.
C. Contractor is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City.
D. Contractor's responsibilities under this section shall not be delegated. Contractor is responsible to the City for acts, errors, or omissions of Contractor's subcontractors.
E. Whenever the scope of work requires or permits review, approval, conditional
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
approval or disapproval by the City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this contract and determining whether the Contractor is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Contractor of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent or reckless acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Contractor.
SECTION 3: PERFORMANCE PERIOD
A. Phase 1 of this contract shall go into effect on June 16, 2020, contingent upon approval by City, and Contractor shall commence work after notification to proceed issued by the Contract Manager. Performance will be according to the schedule included in Exhibit A. Phases 2 services are subject to future appropriation by the City Council and direction to proceed issued by the City Engineer and will commence upon completion of Phase 1 This contract will terminate upon completion of Phase 1 if Phase 2 is not authorized. If Phase 2 is authorized this contract will be extended to December 31, 2028.
B. Contractor is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by City.
C. If Exhibit A identifies specific projects subject issuance of a task order, the period of performance for each specific project shall be in accordance with the task order for that project. If work on a task order is in progress on the expiration date of this contract, the terms of the contract shall be extended by contract amendment.
D. Contractor will adhere to schedules and deadlines shown in the Statement of Work.
Contractor's failure to complete the above services within the time specified, due to avoidable delays, may at the City's discretion be considered a material breach of this contract. Contractor shall review the remaining work and schedule of performance at least monthly and shall confirm that completion may be expected within the schedule approved, or in the alternative, give immediate notice when it shall first appear that the approved schedule will not be sufficient, together with an explanation for any projected delays in the schedule. No extension of time to complete any portion of the services called for in this contract will be allowed except upon the express, written approval of the Department Head. To seek a time extension, contractor must request, in writing, a time extension for approval by City, promptly upon the occurrence of any action causing delay in Contractor's prosecution of the services. The request for extension of time must state the cause of the delay, the corrective actions taken or proposed to mitigate the delay, and the impacts on the project schedule.
SECTION 4: ALLOWABLE COSTS AND PAYMENTS
A. The Contractor's cost proposal as approved by City ("Cost Proposal" or "approved Cost Proposal") is included in Exhibit F. Contractor will be reimbursed for hours worked at the hourly rates specified in the Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. These rates are not adjustable for the performance period set forth in this Contract.
EXHIBIT A
City of Santa Barbara, Design Services Contract w'th Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
B. In addition, Contractor will be reimbursed for incurred (actual) direct costs other than salary costs that are in the Cost Proposal and identified in the Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to Contractor through issuance of Task Orders.
D. After a project to be performed under this contract is identified by City, City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, and project schedule. The draft Task Order will be delivered to Contractor for review.
Contractor shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both City and Contractor. Task Orders become a part of this Contract upon execution.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in the approved Cost Proposal.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal.
G. When milestone cost estimates are included in the approved Cost Proposal, Contractor shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. Contractor shall not commence performance of work or services until this contract has been approved by City, and notification to proceed has been issued by City's Contract Manager. No payment will be made prior to approval or for any work performed prior to approval of this contract.
J. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by City.
K. Contractor will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City's Contract Manager of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Contractor is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number, project title and Task Order number. Credits due City that include any equipment purchased under the provisions of Section 10 Equipment Purchase of this contract, must be reimbursed by Contractor prior to the expiration or termination of this contract. Invoices shall be mailed to City's Contract Manager at the address specified in Section 1, Paragraph G.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Contract.
M. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment.
N. If the Contractor fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
0. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement.
The total amount payable by City for all Task Orders resulting from this contract shall not exceed the amount stated in Section 1, Paragraph B. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. The base contract for services performed under Phase 1 is $315, 605. The base contract for services performed under Phase 2 is $543,439. This Contract provides the exclusive means of payment and reimbursement for costs to Contractor by the City.
SECTION 5: TERMINATION
A. City reserves the right to terminate this contract upon 30 calendar days written notice to Contractor with the reasons for termination stated in the notice.
B. City may terminate this contract with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed proper by City. If City terminates this contract with Contractor, City shall pay Contractor the sum due to Contractor under this contract prior to termination, unless the cost of completion to City exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due Contractor under this contract and the balance, if any, shall be paid to Contractor upon demand.
SECTION 6: COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. Contractor agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.
B. Contractor also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to Contractor that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. 000 et seq., are subject to repayment by Contractor to City.
SECTION 7: RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq.
EXHIBIT A
City of Santa Barbara, Design Services Contract vw'th Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; Contractor, subcontractors, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Contractor and it's certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
SECTION 8: AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question offset arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by City's Finance Director.
B. Not later than 30 days after issuance of the final audit report, Contractor may request a review by City's Finance Director of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by City will excuse Contractor from full and timely performance, in accordance with the terms of this contract.
D. Contractor and sub-contractor contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Contractor's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's work papers including making copies as necessary.
The contract, cost proposal, and ICR shall be adjusted by Contractor and approved by City's Contract Manager to conform to the audit or review recommendations.
Contractor agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by City at its sole discretion. Refusal by Contractor to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.
SECTION 9: SUBCONTRACTING
A. Nothing contained in this contract or otherwise, shall create any contractual relation between City and any subcontractor, and no subcontract shall relieve Contractor of its responsibilities and obligations hereunder. Contractor agrees to be as fully responsible to City for the acts and omissions of its subcontractors) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Contractor. Contractor's obligation to pay its
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
subcontractors(s) is an independent obligation from City's obligation to make payments to the Contractor.
B. Contractor shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City's Contract Manager, except for work that is expressly identified in the approved Statement of Work as to be performed by a subcontractor.
C. Contractor shall pay its subcontractors) within 10 calendar days from receipt of each payment made to Contractor by City.
D. All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subcontractors.
E. Any substitution of subcontractors) must be approved in writing by City's Contract Manager prior to the start of work by the subcontractors).
SECTION 10: EQUIPMENT PURCHASE
A. Prior authorization in writing, by City's Contract Manager is required before Contractor enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or Contractor services. Contractor shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in Contractor's Cost Proposal and exceeding $5,000 prior authorization by City's Contract Manager, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following:
"Contractor shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, Contractor may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Contractor elects to keep the equipment, fair market value shall be determined at Contractor's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Contractor, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
A. SECTION 11: STATE PREVAILING WAGE RATES Contractor shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this contract, if for more than $25,000 for
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
public works construction or more than $15, 000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.
C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See dir.ca.gov.
SECTION 12: CONFLICT OF INTEREST
A. Contractor shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this contract, or any ensuing City construction project. Contractor shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow.
B. Contractor hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract.
C. Contractor hereby certifies that neither Contractor, its employees, nor any firm affiliated with Contractor providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this contract.
An affiliated firm is one, which is subject to the control of the same persons through joint- ownership, or otherwise.
D. Contractor further certifies that neither Contractor, nor any firm affiliated with Contractor, will bid on any construction subcontracts included within the construction contract. Additionally, Contractor certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract.
E. Except for subcontractors whose services are limited to materials testing, no subcontractor who is providing service on this contract shall have provided services on the design of any project included within this contract.
F. selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, and that Contractor maintains no agreement, employment, or position which would be in conflict with the duties to be performed for City under this Contract. For breach or violation of this warranty, City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
G. Contractor agrees that during the term of this Contract, Contractor will not obtain, engage in, or undertake any interests, obligations, or duty that would be in conflict with, or interfere with, the services or duties to be performed under the provisions of this Contract.
H. Contractor will not make or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a direct or indirect financial interest other than
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
the compensation promised by this contract. Contractor will not have such interest during the term of this contract. Contractor will immediately advise the City if Contractor learns of such a financial interest of Contractor's during the term of this contract. If Contractor's participation in another City project would create an actual or potential conflict of interest, in the opinion of the City, the City may disqualify Contractor from participation in such other project.
I. The City has determined, based on the scope of the services to be provided by Contractor under this contract, that this contract confers on Contractor or the Contractor's employees listed in this paragraph the status of a "designated employee" or "Contractor" of the City for the purposes of the City's Local Conflict of Interest Code (City Council Resolution No. 14-068) and the California Political Reform Act.
Contractor, or the employees listed below, will be subject to the same provisions as the designations in the City's Local Conflict of Interest Code set forth below.
Contractor Employees:
Christopher Julian
Eric Schaad
Stephanie Lopez
Ju lie Love
Steve Howard
Thea Benson
Charis Van Der Heide
Yuling Huo
Jan Montgomery
Debra Jane Seltzer
Rose Gregory
Designation Position:
Principal
Project Environmental Coordinator
Arborist
Restoration Specialist
CRLF Specialist
SWFL Specialist
Monarch Specialist
Compliance Monitor
CIS Lead
Production
Clerical /Administrative
SECTION 13: ADMINISTRATION OF EMPLOYMENT
Contractor shall obtain and administer the employment of personnel having the background, training, experience, licenses and registration necessary for the work assigned, including all coordination, the withholding of proper taxes and benefits, the payment of wages, employer's contributions for FICA, and Federal and State unemployment payments, and the review and maintenance of any necessary licenses, certificates, memberships and other qualifications necessary for the services to be provided. Contractor is an independent contractor and shall not be considered an agent or employee of the City for any purpose. Contractor and its employees and agents are not entitled to any of the benefits or privileges that the City provides its employees.
Contractor agrees to indemnify the City for any tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, overtime payment, or workers' compensation payment which the City may be required to make on behalf of Contractor or any employee of Contractor or any employee of Contractor construed to be an employee of City for work done under this Contract.
SECTION 14: PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS A. FOR LOBBYING Contractor certifies to the best of his or her knowledge and belief that:
1. No state, federal, or City appropriated funds have been paid, or will be paid
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
by-or-on behalf of Contractor to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100, 000 for each such failure.
C. Contractor also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100, 000 and that all such sub recipients shall certify and disclose accordingly.
SECTION 15: STATEMENT OF COMPLIANCE STATE AND/OR FEDERAL NONDISCRIMINATION LAWS A. Contractor's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Contractor has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e. g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the 5 applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq. ). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
C. The C shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
D. The Contractor, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Contract covers a program whose goal is employment.
SECTION 16: NON-DISCRIMINATION ORDINANCE
Contractor shall perform all work pursuant to this Contract in compliance with Section
9. 126.020 of the Santa Barbara Municipal Code, which is an indispensable and integral provision of this contract pursuant to Santa Barbara Municipal Code § 9. 126.010 SECTION 17: WORKPLACE CONDUCT
Contractor and Contractor's officers, employees, agents and subcontractors, while on City property or interacting with City officers, employees, contractors, or agents, will comply with the City's policies, rules, and regulations governing work place safety, conduct, and behavior, including without limitation policies prohibiting discrimination or sexual harassment. City will provide Contractor a copy of the applicable policies. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractor of the Contractor or its subcontractors, the Contractor shall take immediate and appropriate action in response to such complaint, including, but not limited to termination or appropriate discipline of any responsible employee, agent, licensee, or subcontractor.
SECTION 18: PROTECTION OF CITY INFORMATION
Contractor will treat all information obtained from the City in the performance of this contract as confidential and proprietary to the City. Contractor shall treat all records and work product prepared or maintained by Contractor in the performance of this contract as confidential. Contractor will not use any information obtained as a consequence of the performance of work for any purpose other than fulfillment of Contractor's scope of work. Contractor will not disclose any information prepared for the City, or obtained from the City, or obtained as a consequence of the performance of work, to any person other than the City, or its own employees, agents or subcontractors who have a need for the information for the performance of work under this contract unless such disclosure is
EXHIBIT A
City of Santa Barbara, Design Services Contract w'th Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
specifically authorized in writing by the City. Contractor will immediately advise the City of any request for disclosure of information or of any actual or potential unauthorized disclosure of confidential or personal information. Contractor will identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment. Contractor will promptly comply with any written instructions by the City to provide any public records of the City required to be disclosed by the City pursuant to a request made pursuant to the California Public Records Act. Contractor's obligations under this paragraph shall survive the termination of this contract.
SECTION 19: OWNERSHIP OF DOCUMENTS
All documents, computer programs, plans, renderings, charts, designs, drafts, surveys, and other intellectual property, which is originally developed by Contractor pursuant to this Contract, shall become the property of City upon full and complete compensation to Contractor for services performed herein. Contractor will take such steps as are necessary to perfect or to protect the ownership interest of the City in such property.
Contractor may retain copies of said documents for Contractor's file. Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Contractor makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Statement of Work.
SECTION 20: FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.
B. This contract is valid and enforceable only, if sufficient funds are made available to City for the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may affect the provisions, terms, or funding of this contract in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds.
D. City has the option to void the contract under the 30-day termination clause pursuant to Section 5, or by mutual agreement to amend the contract to reflect any reduction of funds.
E. Notwithstanding any other provision of this contract, in the event that no funds or insufficient funds are appropriated or budgeted by the City, or funds are not otherwise available for payments in the fiscal year(s) covered by the term of this contract, then City will notify Contractor of such occurrence and City may terminate
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
or suspend this contract in whole or in part, with or without a prior notice period.
Subsequent to termination of this contract under this provision, City shall have no obligation to make payments with regard to the remainder of the term.
SECTION 22: INDEMNITY
A. To the fullest extent permitted by law, Contractor will defend and indemnify the City, its governing body, officers, and employees from and against all liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or its employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys' fees; court costs; and costs of alternative dispute resolution. Contractor's obligations to both defend and indemnify apply unless it is finally adjudicated that the liability or liabilities, in whole or in part, do not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor or its employees, agents, or subcontractors. Defense counsel must be approved by the City.
B. The direction, review, acceptance or approval of the Contractor's work or work product by any indemnified party will not be construed to affect, relieve or reduce the Contractor's indemnification or defense obligations.
C. This Section survives completion of the services or the termination of this contract.
The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
D. Contractor's costs of providing defense under this section shall not exceed Contractor's proportionate percentage of fault as finally adjudicated, as required by California Civil Code section 2782. 8. Notwithstanding the previous sentence, if one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with the City and the other parties regarding unpaid defense costs.
Contractor may submit a claim to the City for reimbursement of the City's share of reasonable attorneys' fees and defense costs in excess of Contractor's proportionate percentage of fault as finally adjudicated.
SECTION 23: INSURANCE
A. Contractor will provide insurance as specified in Exhibit B.
B. Contractor will immediately report (as soon as feasible, but not more than 24 hours) to the City's Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Contract. If required by the City's Risk Manager, the report will be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
SECTION 24: RIGHT TO PERFORM SIMILAR SERVICES
Nothing in this Contract shall restrict the City from providing the same or similar services through City employees, other contractors, other resources, or by arrangements with other agencies. Contractor may engage in similar activities to the extent that such work does not conflict with the proper performance of services under this Contract.
SECTION 25: BUSINESS TAX CERTIFICATE
Within 14 days of execution of the Contract and before making of any payement to Contractor, Contractor shall obtain a business tax certificate from the City at Contractor's expense. Contractor shall maintain a business tax certificate as required by the City Finance Director during the term of this Contract.
SECTION 26: NO WAIVER OF PROVISIONS
No waiver of a breach of any provision of this Contract shall be construed to be a continuing waiver of that provision, nor a waiver of any breach of another provision of this Contract.
SECTION 27: APPLICABLE LAWS, PARTIAL INVALIDITY
This Contract is subject to the Santa Barbara City Charter, and the laws, rules, regulations and ordinances in effect within the City of Santa Barbara, County of Santa Barbara, California, and any interpretation of the law that may be necessary shall be pursuant to the laws applicable within that jurisdiction. If any provision of this Contract is determined to be invalid, illegal, or unenforceable for any reason, that provision shall be deleted from this Contract and such deletion shall in no way affect, impair, or invalidate any other provision of this Contract, unless it was material to the consideration for the performance required. If a provision is deleted, which is not material to such consideration, the remaining provisions shall be given the force and effect originally intended.
SECTION 28: MUTUAL AGREEMENT
This contract represents the mutual agreement of the City and Contractor. This contract constitutes the entire agreement. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this contract, and that the decision of whether or not to seek the advice of counsel with respect to this contract is a decision which is the sole responsibility of each of the parties hereto. This contract shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of the contract. Each party hereto declares and represents that in entering this contract it has relied and is relying solely upon its own judgment, belief, and knowledge of the nature, extent, effect, and consequence relating thereto. Each party further declares and represents that this contract is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
SECTION 29: TIME
Time is of the essence in this contract. Any reference to days means calendar days unless otherwise specifically stated.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
SECTION 30: ASSIGNMENT OF ANTI-TRUST CLAIMS
Contractor offers and agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U. S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services, or materials pursuant to the contract. This assignment shall become effective at the time the City tenders final payment to Contractor, without further acknowledgment by the parties.
The Contractor shall have the rights set forth in Sections 4553 and 4554 of the Government Code.
SECTION 31: TAXES
The Contractor shall pay all applicable federal, state, and local excise, sales, consumer use, and other similar taxes required by law for the execution of the work.
SECTION 32: SIGNATURES:
The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
This Agreement may be executed in any number of original counterparts. The Agreement will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same Agreement. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
IN WITNESS WHEREOF, the parties have executed this contract as of the date and year first written above.
CIPi' OF SANTA BARBARA Rincon Consultants, Inc.
A Municipal Corporation
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Rebecca J. ok j ftY
Public Works irectoE o?i
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ATTEST:
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Sarah German,
City Clerk Services Manager
APPROVED AS TO CONTENT:
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Brian D'Amour, P.E.
City Engineer
APPROVED AS TO FORM:
Ariel Pierre Calonne
City Attorney
By ^?A»&se/<5>.
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(for)
Signature
Christopher Julian
Type or Print Name
Principal Regulatory Specialist
Title
209 East Victoria Avenue
Address
Santa Barbara CA 93101
City State Zip
(805)319-4092
Telephone Number
Business Tax Compliance:
Certificate No. 47257
By ^W^ 0-wg
Approved as to Insurance:
'M L^ U^. f^c^a^
Mark Howard
Risk Manager
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 1 of 34
EXHIBIT A
Scope of Services
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 2 of 34
neon
CONSULTANTS, INC.
Environnnental Scientistsj Planners I Engineers
Proposal Submittalfor
the City of Santa Barbara
ENVIRONMENTAL MITIGATION
AND RESTORATION SPECIALIST
SERVICES, AND RELATED SUPPORT
FOR THE LAS POSITAS AND MODOC
ROADS MULTI-USE PATHWAY
May 19, 2020
Submitted to:
City of Santa Barbara
Attn: Alex Ubaldo, Supervising Engineer
630 Garden Street
Santa Barbara, California 93102
Submitted by:
Rincon Consultants, Inc.
209 East Victoria Avenue
Santa Barbara, California 93101
805-319-4092
www. rinconconsultants. com
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 3 of 34
Rincon Consultants, Inc.
280Ea«tVicloriaStre8t
Santa Barbara, California B31D1
805 319 4062 OFFICE AIID FflX
info@rinconcontultent8. com
WNfW. rinconconsultants. com
May 19, 2020
Project Number 20-09310
Attn: Alex Ubaldo, Supervising Engineer
City of Santa Barbara, Public Works Department
630 Garden Street
Santa Barbara, California 93102
Subject; Proposal - Enwiiunmental Mitigation and Restoration Specialist Services, and Related Support for the las Postas and Modoc Roads Multl-use Pathway Project (RFP No. 40212 and Federal Project No. ATPL-5007(065))
Dear Mr. Ubaldo:
Rincon Consultants, Inc. (Rincon) appreciates the opportunity to submit this proposal to assist the City of Santa Barbara (Qty) Public Works Department with environmental seivices, specifically with biological monitoring and restoration services for the Las Positas and Modoc Roads Multi-use Pathway Project We are very enthusiastic about the opportunity to work with the Qty on this project and have assembled a highly qualified team of experts that have extensive technical qualifications and many years of experience working on similar types of projects, including local multi-modal transportation projects, within and for the Qty of Santa Barbara and across California, Rincon biologists and restoration specialists are experts in the area of environmental compliance in construction settings, protocol field surveys for protected species, identification and mapping of sensitive biological resources, monitoring protected trees during construction, and coordinating the implementation of regulatory requirements associated with project permits. Rincon's in-depth understanding of southern California biology and regulatory processes, specifically in the County and City of Santa Barbara, enables us ID solve challenges in the field in a manner that complies with permit conditions while minimizing expenses and delays. Our talented wildlife biologists, botanists, ecologists, and project managers have successfully executed dozens of projects in the City of Santa Barbara over the past 15 years including bridge replacement project such as the Haley, De la Vina, Chapala, Ortega, Mason, and Anapamu Street Bridge Replacement Projects, as well as the Highway 101 Widening at Sycamore Creek Bridge.
We are commined to finding cost-saving and innovative approaches to create efficiencies while maintaining environmental compliance during construction. As such, we have incorporated many costsaving techniques in our proposal such as combining general and specialists' roles, using cross-trained staff, and streamlining communications by having one person hilfill multiple roles. Because the Mitigation Monitoring and Reporting Program for the project is comprehensive and requires extensive pre-construction biobgical surveys, Rincon is offering a project team with the species-specific expertise to complete these surveys in a defensible manner that meets the professional standards of the Qty and other regulatory agencies that have issued approvals for the project. Please be advised that our proposal is fully negotiable to meet the City's needs, particularly where tasks reference permits and other documents that are not yet in Rinmn's possession and have been scoped based on our past expertise and reasonable assumptions.
i c ns vn/fi £ff p fff ft*
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 4 of 34
rincon
City of Santa Barbara
Environmental Mitigation and Restorotlon Specialist Seivlcas, and Related Support tor the las Posttas and Modoc Roads Multt-use Pathway Prejed Thank you for considering Rincon for this assignment. Please do not hesitate to contact us if you have questmns about this proposal or need additional Information.
Sincerely,
Rincon Consultants, Inc.
^^-'
EricSchaad, MS
Senior Biologist/Project Environmental
Coordinator
805-319-4092x1013
escba»dfl>rinconcoittuttants.com
Contact for Clarification
C^^r^ ^-^.^
Christopher Julian
Principal/Senior Regulatory Specialist
805-319-4092x425
c lian inconconsultants.com
Authorized to contractually obligate and
negotiate on behalf cf Rincon Consultant$, Inc.
Rincon Consultants, Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 5 of 34
Table of Contents
Proooso!
City of Santa Barbara
Environmental Mitigation and Restoration Specialist
Services, and Related Support for the Las Posi+as
and Modoc Roads Multi-use Pathway Project
Table of Contents
1 Approach to the Scope of Work.............................................................................................................1
1.1 Specific Approach to the Program..........................................................................................I
1.2 Staff Assignment by Task........................................................................................................ 17 2 Estimated Staff Hours.......................................................................................................................... 19 2,1 Assumptions....................................................................................................................... 19 3 Schedule.............................................................................................................................................. 22 4 Forms and Enclosures................................................................................................................... -24 5 Professional Services Agreement..................................................................................................... 25 6 Cost Proposal........................................................................................................................................ 26 Rincon Consultants, Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 6 of 34
Approach to the Scope of Work
1 Approach to the Scope of ork
Rincon has been very successful in providing a broad range of consulting services for the past 26 years.
One of the key elements to the success of the firm is our general approach to all consulting assignments.
We believe in Principal involvement in all assignments; hiring and training highly qualified staff to be excellent consultants; and provkling our staff with state-of-the-art equipment and other tools to allow them to perform at their best. This sectfon describes how we will leverage these themes to deliver exceptional results for the Oty on thte project.
Rincon's senior staff has considerable management experience on both large and small projects throughout Santa Barbara County and California. The firm employs proven project management and quality control techniques, which are based on:
. Consistent efficient communication with client and client representatives . Clear and concise documentation and communication of project management decision making . Direct communication between managers, subconsultants. and analysts * Peer and management review of all documents
. Effective cost control a nd financial reporting.
Our standard project management and quality control methods include written project assignments, biweekly project progress meetings, project control using Microsoft Excel and Microsoft Project software, peer review of all technical sections, and principal review of all final work products.
On this program, success will depend upon effective communicatton with the Gty, project representatives, project contractors, permitting agency staff, and the ability to implement tasks under the program in a technically sound, cost effective manner that meets the City's objectives. Rincon understands the need to become an effective extension of City staff for this project as we have done for the City and many other public agencies throughout our 26-year history. Our proposed PEC B a seniorlevel staff person with cxtensh/e construction management experience. The PEC will be hands on and will provide immediate availability as needed. Our team of biologists will mobilize from our Santa Barbara office located within four miles of the project site. We will provide the City with the required propess reports on work status, schedules, and the budget for overall implementation of the project.
L1 Specific Approach to the Program
Our approach to the work program is presented to address the two tasks identified in the Qty's RFP. The two tasks will be implemented in two phases:
. Phase 1 - Pre-Constructton, ConsfrucUon, Project Close-Out u Task 1: Biological Monitoring
a Task 2: Mitigation Site Planning and Installation Oversight (installation + 6 months) . Phase Z - Mitigation Site ntonitoring and Maintenance u Task 2: Mitigation Site Monitoring and Restoration Maintenance (&5 Years) We have included tasks from the project's Mitigatton Monitoring and Reporting Program (MMRP) and Coastal Devetopment Permit (CDP) in this work scope. In addition, because the RFP state5 "the listed Rincon Coniultants, Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for'Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 7 of 34
Approach to the Scope of Work
tasks are a guideline for requirements; however it is the Consultant's responsibility to review permits and authorizations and ensure conditions are met, " we have included tasks complying with typical regulatory environmental requirements issued by USAGE, RWQCB, and CDFW in the Santa Barbara area for similar projects. We understand that the agencies have not yet issued permits to the Gty for this project.
However, we have extensive experience overseeing these types of permits and successfully executing the resulting complex environmental compliance programs. If the permits vary from the typical requirements, Rincon will notify the City immediately to coordinate any necessary modifications to this scope of work.
Phase I, Task 1 Biological Monitor
In-Water/Dewatering/Diversion/Rain Event Support
RFP Enctosure 5-Draft Regulatory Permit Applications and the Ot/s Question and Answer (Q&A) response 4.1 from PlanetBids indicate that no in-water work will occur and as a result no dewatering or diversion will be implemented for this project. If needed, Rincon can prepare a separate scope of work to include in-water manitoring and the review and recommendations for the contractor's Dewatering and Diversion Plans.
Based on our experience with previous projects (e.g., Quinientos Street Bridge), USAGE, RWQCB, and/or CDfW may require project implementation conditions pertaining to rain events. Rincon will provide rain event support, including but not limited to erosion and sediment control measure inspections and recommendations for avoiding impacts to waters during predicted rain events. This task will be completed in conjunction with the Compliance Monitoring task discussed below.
Bes? Management Practices Oversight
Rincon will develop a comprehensive matrix of all required BMPs (including those from the permitting agencies) and will inspect all work areas for compliance with the requirements. We will work closely with the contractor and the City to resolve any deficiencies in an immediate manner. We will confirm that required BMPs are implemented, including but not limited to erosion and sediment control measures, waste management and materials pollution control, biological resource mitigations, and water resources BMPs and mitigations. BMP oversight will be ongping and a priority for monitoring during construction. The BMP matru will include all requirements identified in the MMRP, the Coastal Development Permit (COP) Conditions of Approval (COA Section E -Construction Implementation Requirements), and applicant proposed BMPs from Attachment B-Construction BMPs and Mitigatmn Measures of the RFP Enclosure 5-Draft Regulatory Permit Applicattons; as well as those anticipated to be identified by USAGE, RWQCB, and CDRM permits/authorizations. BMP oversight will be implemented in conjunction with all on-site tasks described below.
Water Quality Sampling
It is our understanding (per the Ot/s Q&A response 2.3 on PlanetBids) that the SWPPP, including the associated water quality sampling and pre/post rain event monitoring, will be prepared and implemented by the construction contractor. This scope of work does not include water quality sampling. If additional water quality sampling is required by jurisdicfa'onal agency permits, Rincon can prepare a separate scope of work for water sampling.
Rincon Consultants. Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 8 of 34
Approach to the Scope of Work
Trainings
Rincon will prepare a worker environmental awareness training presentatun and handout and will provide a training sesston for all project personnel prkir to the start of Phase I construction. The worker environmental awareness training will inform all project personnd of the sensitive environmental resources know to occur or potentially occurring within the construction area of the project After the initial training event, Rincon biological monitors will be available to provide spontaneous, on-site trainings for any new project personnel throughout Phase I. The training handout will be readily available at the project site to be provided to project personnel as needed. The training and hand out will be provided in compliance with the MMRP and COP. TTie training will Include the following:
. General information on Las Positas and Arroyo Burro Creeks . Specific sensitive species information (California red-legged frog, steelhead trout, nesting birds, monarch butterflies, protected trees, etc.)
. Invasive species education that includes information about the invaswe spedes currently present at the site and those with the potential to invade the site . Overview of resource protection measures required
. Other resource issues - water
. Reporting protocols including a clear identificatkin of the chain-of-command related to environmental compliance and incident reporting
Site Inspectton, Monitoring, Surveys, and Reporting
Per the Project Phasing Plan from the Draft Specifications dated March 2020, the project will be divided into five construction phases. We understand that construction for Phases 2 and 3 may be done concurrently and occurs in the same portion of the project (las Positas Road from Modoc to Veronica Springs Road); but Phases 1, 4, and 5 will be completed separately due to traffic closure conflicts and other requirements in the Project Phasing Plan. Tlie following scope details assume that this will be the sequence of construction,
Comprehensive Review of En^'ronmental Compliancs Requremsnts Rincon will conduct a detailed review of the environmental components of the bid package including the:
. CDRA/ Streambed Alteration Agreement
. Central Coast RWQCB 401 Certification
. USAGE 404 Certificatton
. CDP Conditions of Approval
. Final Mitigated Negative Declaration
. MMRP
. Natural Environmental Study (NES)
. Tree Assessment and Mitigation Report - Fifth Revision Rincon Consultants, Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 9 of 34
Approach to the Scope of Work
Revie'.v, Prepare, and SiAimit Flans and Ccnshuctioi-i Notifications to Agencies Based on our past experience with projects associated writh jurisdictional waters, we propose to prepa re and submit the following to USAGE;
* Pre-construction notification to the District Engineer Rincon will prepare and submit the following plan to CDFW:
. Project Commencement Notification 5 days prior to start of construction Rincon will review, prepare, and submit the following notifications and plans to RWQCB:
* Commencement of construction report at least 7 days prior to start of initial ground disturbance activities
. Rnal Mitigatun and Monitoring Plan at least 21 days prior to start of construction Nesting Bird Surveys
Per MMRP, MM BIO-8, a qualified avian biologist must conduct nesting bird surveys for the entire site plus a 200-foot buffer, prior to vegetation removal during the nesting bird season (beginning January 1 for raptors and February 1 for all other avian species, and continuing through September IS). We will conduct one survey for each of the four construction phases (assuming Phases 2 and 3 will be done concurrently), no more than 14 days prior to vegetation removal. Rincon assumes that no more than 14 days will lapse between the nest suroey and vegetatton removal for a phase, and no nesting bird surveys will need to be repeated for vegetation removal.
Following vegetation removal, construction activities should be maintained at a consistent level to avoid the need <br additional nesting bird surveys. If no activity has occurred within 14 days in an area, we anticipate that additional nesting bird surveys may be needed in those areas depending on available substrate and suitability of remaining habitat, We anticipate conducting up to four additional nesting bird surveys per construction phase to account for potential nesting activities in areas where no ongoing activity has occurred within 14 days.
Recommendations to Minimize Impacts to Nesting Birds
The project site is approximately 2.6 miles in length and is immediately adjacent to or within habitat for avlan species. Rincon anticipates that construction will occur during the breeding season for birds and that bird nest(s) will be located within or adjacent to the project site. As a result, Rincon will develop strategies to identify active nests prior to the anticipated June 2020 construction start date and will make recommendations to minimize impacts to nesting birds induding shielding nests from sound and light, and vegetation clearing as applicable. Rinoon will prepare a Nesting Bird Management Plan for CDFW approval (this is a typical requirement that we expect will be included in the Streambed Alteration Agreement for the project, but is also a useful compliance tool). The plan will include species-specific measures, such as buffers, that will be based on construction activity, topography, vegetation, and individual species behavior. The Nesting Bird Management Plan would indude the use of a Nest Log that will track each active nest and its ongoing disposition and outcome. The logs will demonstrate to regulatory agencies that the City is tracking impact avoidance, while allowing construction to conUnue. A Nest Log will be submitted to the City and agencies as needed.
Rincon ConsuHants, Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 10 of 34
Approach to the Scope of Work
Pre-Construction Clearance/Presence/Absence Su.'wys tor Monarch tiutterfly As required by Mitigation Measure BIO-9, a qualified biologist will conduct an initial presence/absence survey for roosting monarchs throughout the project site during the overwintering season (October 1 through March 1).
During the overwintering season, ftincon will conduct pre-construction clearance surveys prior to any tree or vegetation removal events within 100 feet of known or potential roost sites. Qinstruction shall not occur in these areas until the biologist has determined that the butterflies are not roosting (defined as a clustering of 10 or more monarch butterflies) within 100 feet of the tree or vegetatun removal activities. Rincon has included up to 5 pre-constructfon monarch surveys prior to tree or vegetation removal activities during the overwintering season. Any additional surveys that may be needed wilt be included under a separate scope of work.
Monarch Butterfly Avoidance and Mininiization Plan
Rincon's qualified monarch biologist will review the Project and recent monarch records for potential to impact monarch butterflies and their overwintering habitat Rincon will also survey the project site and conduct a habitat assessment for suitable overwintering habitat Rincon anticipates that known or potential winter roost sites or suitable overwintering habitat will be impacted by the project. A qualified biologist will prepare a Monarch Butterfly Avoidance and Minimizatton Plan for the project prior to construction during the overwintering season. The Monarch Butterfly Avoidance and Minimization Plan will make recommendations to avoid impacts to roosting monarchs including, but not limited to; relocation/rcdesign of project features to avoid roost sites, guidance regarding tree removal and trimming at roost sites, and recommendations regarding planting additional roost frees for restoration.
The plan will detail which agency is to be notified of monarch butterfly roost observattons and will provide necessary avoidance measures.
Report Findings of Pre-Construc+ion Surveys
Rincon will include the findings (including negative findings) of pre-construction clearance surveys and habitat assessments in a repon to be submitted to the Gty and regulatory agencies (as required by pending permits). T1ie report will document observations of wildlife observed during all pre-construction surveys. Based on CDRW requirements for similar projects (e. g., Quinientos Bridge), 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 to this report under a separate scope of work.
Compliance Monitoring
Rincon will provide compliance monitoring services for all construction activities. We will utilize a proactive approach to achieve a level of compliance that meets or exceeds the goals of the project requirements. We anticipate this to include the fbltowing tasks:
. Monitor the site during all initial ground disturbance and vegetation removal activities (we assume this will take up to four weeks) for wildlife per the CDP and typical CDRfV requirement . Monitor BMPs weekly during all construction activities utilizing the matrte of compliance requirements. The biotogist will conduct weekly nesting bird surveys (during the nesting seasons) in combination with the weekly monitoring.
. Provide site inspections, photos, monitoring, and reporting as required by permits and authorizations
. Provide rain event support and BMP oversight
Rincon Consultants, Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 11 of 34
Approach to the Scope of Work
. Provide support for requirements related to tree and vegetation removal or disturbance . Participate in weekly meetings to assess compliance and review future construction activities . Provide guidance on permit condition requirements and implementation . Prepare written weekly progress reports by the PEC (per the MMRP and CDP) for submittal to the city during demolition, excavation, grading, and footing installation documenting field activities and project compliance (can be in e-mail format)
. Prepare high-level brief monthly reports on a II other construction activity (per the CDP) Rincon assumes the timeframe for the construction period will begin in June 2020 and continue for 18 months as described in the RFP (270 working days, excluding weekends and Qty holidays, per the Draft Specifications far the project dated March 2020). Rincon also assumes work will be conducted in Las Positas Creek outside of the rainy season (generally considered to be between June 1 and October 30), Based on this timeframe, the in-creek construction monitoring will occur June 2020 through October 30, 2020 with project completion estimated in December 2021.
The PEC will participate in weekly construction meetings, provide communication, and direct and coordinate environmental monitoring. The PEC will be responsible for determining and maintaining the level of compliance oversight sufficient to meet the mitigation requirements. The PEC will coordinate and supervise all wildlife (California red-legged frog, least Bell's vireo, southwestern willow flycatcher) specialists, as needed. The lead compliance monitor will prepare daily monitoring logs each day that monitoring is conducted. The logs will describe the construction activity, direction provided to crews, any compliance issues and their resolution, and any site visits by agency personnel or the public and will be supported by photographs.
Nesting Bird Monitoring
Rincon anticipates that construction will occur during the breeding season and that bird nest(s) will be located within or adjacent to the project site. As mentioned above, Rincon will prepare a Nesting Bird Management Plan that recommends nest monitoring as opposed to stopping work to avoid impacts to nests. For the purposes of this proposal we have assumed a qualified avian biologist will conduct nesting bird monitoring bi-monthly, including uptoS days during the first nesting bird season, and up to 18 days during the second nesting bird season, over the 18-month construction period. Rincon assumes that nest checks may also be done concurrently with compliance monitoring. If additional nest monitoring is needed, Rincon can prepare a separate scope of work.
Annual Project Status Report
Rincon will compile two Annual Project Status Reports in July of 2020 and June of 2021 to demonstrate permit compliance and report on the status of the project to RWQCB. Rincon will provide one round of responses to comments from RWQCB. Rincon will submit the reports to RWQCB. Any additional reporting required by agencies may require an augmentation to this scope of work, Project Coordination and Communication
This task involves management, organization, and coordination with the City and the resource agencies over the course of the construction phase. It includes engaging the agency personnel if, for example, the project requires deviation from what was approved by the agencies. It also includes quality assurance reviews of the monitoring logs, reports, and MMRP by principal and senior level staff, and administraUve staff as needed.
Rincon Consultants, Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 12 of 34
Approach to the Scope of Work
Subr-.iittal ar;d Coordination of Project Cl seout Letters Based on experience, Rincon assumes the jurisdictional agencies will require project completion notification and will prepare and submit post-construction notificatfons and letters to the foltowing agencies:
. USAGE (Post-project memo)
. USWS (California red-legged frog, southwestern willow flycatcher, least Bell's vjreo forms, and/or summary memos)
. RWQCB (Request for Notice of Completion of Discharges and Request for Notice of Project Completton)
Project Completion Reporting
Rincon will compile final documentation for the Oty that reports compliance with the permit conditfons in a Project Completion Report (Final Report, per the Reporting Procedures section of the MMRP).
Rincon will provide one draft copy of the Project Completion Report for the Qty. Rincon will provide all agencies with a copy of the Project Completion Report as needed.
Oversight of Tree and Vegetation Removal
Rincon will provide support for requirements related to tree and vegetation removal or disturbance, per Enclosure 6 - Tree Assessment and Mitigation Report, Fifth Revision (Arborist Report), prepared by Bill Spiewak in March 2019. Monitoring during vegetation and tree removal is included in the Compliance Monitoring task a bove and Arborist Oversight task below.
Pre-Construction Meeting.? & Briefings
In order to meet the objectives of the RFP, Rincon will develop several project tools that will be critical for the long-tenn success and organization of project compliance tracking and reporting. We anticipate preparing the following documents during the pre-construction phase of the project and will have them available for review during for the pre-construction meetings:
. Daily/Weekly Field Monitoring Logs
. Monitoring Schedule
. Mitigation Monitoring and Reporting Program Matrbt
Per MMRP Responsibilities and Duties, Rincon will attend pre-construction briefings with the project team as work progresses. The briefings will include:
. Duties and responsibilities of each participant, communication procedures, monitoring criteria, and compliance criteria
. Pre-construction Briefing Report (including high-level overview of mitigation measures and sensitive areas to be avoided) to be reviewed with the project team during the pre-construction meetings.
Special Status Plant Species Surveys
To comply with Mitigation Measure BIO-2, Rincon will conduct seasonally-timed botanical surveys to confirm whether the Gambel's watercress or other special-status plant species are present on the project site. Rincon will conduct two surveys, to be conducted during the months of April and May, to appropriately capture the blooming period of the special-status plants that may be present The surveys will be conducted by two qualified Rincon biologists, including one senior botanist Any special-status RIncon Consultants, Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 13 of 34
Approach to the Scope of Work
plants detected on the site will be flagged and mapped during these surveys. IfGambel's water cress or other special status species (e.g., mesa horkelia) are absent from areas that would be disturbed by construction activities, no further action will be required, The surveys will be conducted according to the guidelines established by CDRV and California Native Plant Society. The botanists will walk meandering transects across the site that assure a thorough coverage of the site utilizing an intuitively controlled sun/ey method. The first sun/ey will be implemented in/around April, depending on the seasonal onset of the bboming period, with the second survey conducted around May. The botanical surveys will specifically focus on determining the presence or absence of special status plant species on the project site. The findings of the surveys will be summarized in a brief letter report. If naturally occurring rare plants are detected, the size and location of all identified occurrences will be flagged and mapped, impact acreages will be quantified based on proposed limits of disturbance, and Rincon will work with the Qty to adjust the disturbance areas to avoid the species as required by Mitigation Measure BIO-2. Rincon assumes that special status plants on site will not be impacted. If special status plants cannot be avoided and will be impacted by the project, impacts will be mitigated and included in the Restoration Plan for the project in a separate scope of work.
USFWS and CDFW Authorization Requests for Biologists/Spocialists Based on our prior experience overseeing compliance on projects where Biological Opinions have been issued, we anticipate that biologists surveying or monitoring for listed species will be subject to agency approval. Rincon will prepare and submit authorization request letters to USFWS for approval of California red-legged frog and southwestern willow flycatcher specialists prior to surveys necessary tn initiate the project (as required per Mitigation Measure BIO-5). Rincon will prepare and submit authorization letters to CDFW for the wildlife biologists and construction monitors. Rincon's experienced team members have been approved to perform these functions in the past, and we do not anticipate difficulty obtaining agency approvals. We understand that in-creek work is required in an ephemeral stormwater drainagp but will only occur when the drainage is dry. Therefore, we assume that presence/absence surveys for steelhead are not required because the project will not require in-water work, dewatering, or diversion per Enclosure 5 of the RFP (Draft Regulatory Permit Applications). We will notify CDFW if ponded or flowing water on the site could contain steelhead, as is typically required by permits.
Presence/Absence Survey for California Red-legged Frog
The NES indicates that California red-legged frog has the potential to occur on the site and the project requires a streambed alteration agreement with CDRW. To be compliant with Mitigation Measure BIO-5 and typical CDRA/ requirements, Rincon has assumed that at a minimum, a USRIVS-approved biologist will assess the presence/absence of California red-legged frog in the project area prior to implementation of the project. Based on California red-leggpd frog specific avoidance and minimization measures in the NES, the biologist will survey the project site no more than 48 hours before the onset of construction activities. This task includes up to (bur presence/absence surveys for California red-legged frog (one for each construction phase, assuming Phases 2 and 3 are done concurrently).
If any life stage of California red-legged frog is found and these individuals are likely to be killed or injured by project activities, the approved biologist will be allowed sufficient time to move them horn the site before work begins. The USRA/S-approved biologist will relocate the California red-legged frog the shortest distance possible to a tocation that contains suitable habitat and that will not be affected by activities associated with the project. The relocation site should be in the same drainage to the extent Rlncon Consultants, Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 14 of 34
Approach to the Scope of Work
practicable. Caltrans will coordinate with USRWS on the retocatton site prtor to the capture of any California red-legged frog. Per MMRP, MM, B10-6and NES. BIO-1, exclusion fencing will be installed by the contractor in areas where California red-legged frog may be present and arc at risk of entering the project site during construction, prior to any active conrtruction activities during the dry season (April 15-October 15) when California red-legged frog are not actively dispersing. Maintenance inspections of fencing installed around the site and staging areas woukl be done concurrently with compliance monitoring.
Habitat Assessment for Least Bell's Vlreo, Southwestern Willow Flycatcher, and Bank Swallow
To be compliant with Mitigation Measure BIO-5, a USFWS-approved bldo^st with support from a qualified biologist will perform a habitat assessment of the project site prior to sta rt of construction to detennlne the condition and tocatton of suitable habitat. If any. Rlncon will review the existing site conditions and updated literature search to determine the most efficient approach to survey habitat within and adjacent to the site. If no suitable habitat is present, Rincon will draft a brief email summary for submittal the describes the habitat evaluation approach and findings. Based on initial review of the project site and NES, Rincon does not anticipate suitable southwestern willow flycatcher or bank swallow habitat to be present. If suitable habitat is present; Rincon will draft a brief memorandum that includes a figure depicting the suitable habitat location in relation to the project site. The presence of suitable habitat may necessitate the need to conduct protocol surveys for teast Bell's vireo and/or southwestern willow flycatcher and/or a presence/absence survey for bank swallow, which can be conducted by Rincon under an optional task (see below).
Coverboard Surveys for CDFW Species of Concern
Per the Mitigation Measure BIO-7, coverboard surveys are required to be conducted within three months of the start of construction. A qualified biologist will conduct focused coverboard surveys in areas of suitable habitat within the project site for non-listed special-status amphibians and reptiles, Including sjhfery l^less lizanf and the two-striped garter snake. Qwerfaoard surveys will be completed within one month prior to vegetatton clearing as an 'effectwe level of effort to remove non-listed special status species. The coverboards will be checked by the biologist once per week after placement. This task includes up to four surveys over one month for each of the four project phases (assuming Phases 2 and 3 are done concurrently).
Any non-listed special status and common animals (including western pond turtle) found shall be captured and relocated on the same day. We assume that the survey will occur within one months of vegetation removal, and wHI invohfe three inspections of the cover boards. If vegetation removal is not completed within 24 hours of the final sampling event for each phase, additional coverboard surveys may be included in a separate scope of work. Following initiation of construction, coverboard surveys will be conducted by compliance monitors during weekly site visits as needed.
Pre-Construction Cleorarce Mammal Sur^ys
Per Mitigation Measure BIO-7, a qualified biologist will conduct pre-construction clearance mammal surveys within 14 days of the start of constructwn for each of the (bur phases (assuming Phases 2 and 3 will be done concurrently). The surveys will include the entire disturbance footprint plus a 200-fbot buffer as feasible. Any non-listed special status mammal species that are found shall be relocated from the project site either through direct capture or passwe exclusion, Rincon Consullanls. Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for'Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 15 of 34
Approach to the Scope of Work
Arborist Oversight
Per the RfP, Rincon wilt provide a Qty-approved arborist (ISA certified Arborists Stephanie Lopez and Yuling Huo) to conduct oversight of tree removal, implementation of tree protecdon, and tree monitoring during construction. The project's Arborist Report (i.e. Tree Protection and Replacement Plan; TRTP) provides guidefines for tree protection and fulfills MMRP, MM, BIO-11. The arborist (or a qualified biologst under direct supervision by the arborist) will monitor all work within or adjacent to the tree protection zones (TPZ)s of impacted or potentially impacted trees. The arborist or qualified biologist will be present during construction activities including but not limited to grading, tree removal, pruning/limbing, excavation, or root cutting; and oversee installation of temporary fencing around oak trees.
Rincon will monitor construction activities that occur within the dripline of all impacted or potentially Impacted trees. The Arborlst Report is not clear regarding to-ees that should be protected under the general tree protection measures. We assume that all 109 native and non-native trees identified in the Arborist Report are considered protected. The arborist will also oversee the installation of fencing prior to the start of construction, It isour understanding thata tree permit for impacts to protected trees will be issued by the City. This scope of work includes up to 20 arborist monitoring (8-hour) full days. If additional arborist monitoring days are needed, Rincon will prepare a separate scope of work.
The Arborist Report includes guidelines for tree mitigation planting, maintenance, and monitoring (l.e.
Habitat Maintenance and Monitoring Plan [HMMP], which fulfills Mitigation Measure BIO-11). We assume that implementation of the HMMP will be included in Phases I and II, Task 2 below.
Phase I Contingency Task (Only As-Needod)
Protocol Suweys for Southwestern Willow Flycatcher and Least Bell's Vireo, and Fresence/Absence Survey for Bank Swallow
If suitable habitat is present for least Bell's vjreo, southwestern willow flycatcher, and/or bank swallow, a USFWS-approved bbbgist and a qualified biologist will conduct protocol sun/eys for least Bell's vireo and southwestern willow flycatcher and a presence/absence survey for bank swallow prior to the start of construction. These surveys may be done concurrently. The protocol survey methodology will follow A Natural History Summary and Survey Protocol for the Southwestern WilliM Flycatcher (United States Geographical Survey and United States Department of the Interior, 2010), and the Least Belfs Vireo Siiivey Guidelines (USRA/S, January 19, 2001) respectively for each species. The surveys will be conducted within 500 feet of the project site without trespassing on private la nds. Inaccessible areas {e.g., fenced property) will be surveyed with the aid of binoculars. The surveys shall be conducted by qualified biologists familiar with the appearance, behavior, and vocalizations of least Bell's vireo, southwestern willow flycatcher, and/or bank swallow. Five surveys are required for southwestern willow flycatcher between May 15 and July 17, and eight surveys are required for least Belt's vireo between April 10 to July 31. This task includes up to eight surveys.
The findings of the surveys will be summarized in a Technical Survey Report for each species, which will be submitted to USFWS and CDFW, as required by individual biologist's recovery permit conditions.
Rincon Consuttants, Inc. 10
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 16 of 34
Approach to the Scope ot Work
Phase I, Task 2 Mitigation Site Planning and tnstallalion Oversigdt (Installation + First6 Montiis)
Rincon has prepared this scope of work under the assumptfon that there a re two types of impacts that will occur as a result of the project, impacts to trees and impacts to riparian habitat. Our understanding of the mitigation and the assumptions that were made to help shape our approach to the mitigation portion of the Project are summarized below:
Impacts to trees;
. Impacts to native trees will be mitigated under Mitigation Measure BIO-11: Tree Protection and Replacement Plan.
. The Arborist Report indfcated that the Planting Plan from the Draft Plan Set dated februa ry 2020 includes replacement plantings for native and non-native impacted trees, but that additional replacements far impacted native trees would be required. Per Attachment A-Project Description of the Draft Regulatory Permit Applications, we understand that the number of coast live oaks anticipated to be removed or significantly impacted has been reduced (5 removed, 10 impacted) from the number in the Arborist Report (S removed, 33 impacted). We assume that since the number of impacted native trees has been significantly reduced, the replacement trees included in die Planting Plan are sufficient for tree mitigatwn per the Arborist Report . We assume the mitigation site is approximately 1.6 miles long, equivalent to that of the Project length. We assume that the mitjgatfon site will include container stock for trees and shrubs and seeds for shrubs and fbrbs as outiined on Sheet 181 of the Planting Plan; however, we assume that only the trees will be part of the mitigation monitoring and reporting program as it is assumed that the shrubs and fbrbs serve as ornamental native landscaping and are not part of the mitigation requirements.
. We assume that the Planting Plan from the Draft Plan Set dated February 2020 partially fulfills the requirements of Mitigation Measure BIO-11. It is assumed that the Planting Plan will sufficiently address installation specifics for trees to mitigate for impacts. However, the Planting Plan does not include a description of mitigation, nor a maintenance and monitoring plan, which are matters that are typfcally required in a Mitigation Plan. In order to produce a plan that fully addresses mitigation and will be acceptable to CDRW, additional information will be needed to complement the plan as further described in Section 1. 1.
. Per the Q&A, the project is fully mitigated on the site. If additional mitigatton is required on or off the site, then a separate scope of work would be needed to amend the Mitigation Plan that Is described betow.
. For purposes of this scope of work, the area along the Project where trees are proposed for installation per the Planting Plan, where it is assumed mitigation will occur for impacts to trees, will herein be referred to as the Tree Mitigation Site.
Impacts to riparian habitat:
. Impacts to riparian habitat will be mitigated under Mitigation Measure BIO-12: Wetland and Riparian Habitat Restored.
. We assume that 0,05 acres of riparian habitat will be impacted and will require mitigation at 3:1 per the MND, for a total of 0. 15 acres of mitigation.
. We assume that the "potential habitat mitigation area" indicated in Figure 4 of the MND indicates where mitigation may occur. However, we assume that a Mitigation Plan that addresses impacts to Rincon Consultants, Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 17 of 34
Approach to the Scope of Work
riparian habitat was not prepared, therefore preparation of a Mitigation Plan is included In this scope of work as described below.
. Per the Q&A, the project is fully mitigated on the site. If additional mitigation is required on or off the site, then a separate scope of work would be needed to amend the Mitigation Plan that is described below.
. For purposes of this scope of work, the 0.15 acres of the "potential habitat mitigation area" required for mitigation for impacts to riparian habitat will herein be referred to as the Riparian Habitat Mitigation Site.
Other assumptions that were made to help shape our approach to the mitigation portion of the Project are summarized below;
. We assume that a Landscape Plan per MM B10-13 and CDP Conditions B.3 and C.2 Is not part of this scope of work as it is not a mitigation-related item. We assume that a Landscape Plan that focuses on the installatton of ornamentals along the Project area will be prepared by a landscape architect, or that the Planting Plan addresses this requirement.
. An Invasive Weed Preventfon and Management Program is required per Mitigation Measure BIO-14.
The Mitigation Plan, as described below, will address invasive weed removal techniques and the monitoring of invasive weeds and is assumed to be sufficient to meet this requirement. A separate plan will not be prepared and is not a part of this scopfr.
The following outlines Rincon's proposed scope of work to address the mitigation of impacts to trees and riparian habitat as a result of the Project with the preparation of a Mitigation Plan and subsequent implementation of the Mitigation Plan.
Preparation of Mitigation Plan
As described above, portions of a Miti^tion Plan have been prepared; however, a cohesive plan that addresses impacts to trees and riparian habitat, as well as outlines a maintenance and monitoring program, is needed. Therefore, during the pre-construction phase of the project and as an immediate priority task, Rincon will prepare/finalize a Mitigation Plan to meet the mitigation requirements of the MMRP and CDP and anticipated requirements from jurisdictional agency pemiits/authorizations. Per the Q&A, the project is fully mitigated on-site. If additional mitigation is required on-site or off-site, then a separate scope of work would be needed to amend die Mitigation Plan that is described below.
For each mitigation site, the Mitigation Plan shall indude the following components:
Summarize impacts to trees and riparian habitatand the mitigation need to address these impacts . For the Tree Mitigation Site, the plant palette and planting layout will be comprised of the Planting Plan. For the Riparian Habitat Mitigatron Site, a plant palette and planting layout will be provided. * Guidance on the genetic origin of the plants used throughout the mitigation sites. It is assumed that plants installed within the Tree Mitigation Site will be commercially available natives with relatively tow restrictions for the genetic requirements, while for the plants installed within the Riparian Habitat Mitigation Site will likely require totally specific genetic stock. . Methods of soil prepa ration
* Methods and timing ofhydroseed application and container phnting (in addition to those details included in the Planting Plan)
. Methods and timing of irrigation
Rincon Consultants, Inc. 12
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 18 of 34
Approach to the Scope of Work
practicable. Caltrans will coordinate with USFWS on the relocation site prkir to the capture of any California red-legged frog. Per MMRP, MM, BIO-6 and NES, 810-1, exclusion fencing will be installed by the contractor in areas where California red-legged frog may be present and arc at risk of entering the project site during construction, prwr to any active construction activities during the dry season (April 15-October 15) when California red-legged frog are not actively dispersing. Maintenance inspections of fencing installed around the site and staging areas would be done concurrently with compliance monitoring.
Habitat Assessment for Least Bell's Vireo, Southwesteifi Willo" Flycatcher, and Bank Swallow
To be compliant with Mitigation Measure BIO-5, a USFWS-approved biologist with support from a qualified biolog'st will perform a habitat assessment of the project site prior to start of construction to determine the condition and tocatton of suitable habitat. If any. Rincon will review the existing site conditions and updated literature search to determine the most efficient approach to survey habitat within and adjacent to the site. If no suitable habitat is present, Rincon will draft a brief email summary for submittal the describes the habitat evaluation approach and findings. Based on initial review of the project site and MB, Rincon does not antfcipate suitable southwestern willow flycatcher or bank swallow habitat to be present. If suitable habitat is present, ffincon will draft a brief memorandum that includes a figure depicting the suitable habitat location in relation to the project site. The presence of suitable habitat may necessitate the need to conduct protocol surveys for least Bell's vireo and/or southwestern willow flycatcher and/or a presence/ahsence sun/ey for bank swallow, which can be conducted by Rincon under an optional task (see below).
Coverboard Surveys for CDFW Species of Concern
Per the Mitigation Measure BIO-7, coverboard surveys are required to be conducted within three months of the start of construction. A qualified biologist will conduct focused coverboard suiveys in areas of suitable habitat within the project site for non-listed special-status amphibians and reptiles, including silvery legless lizard and the two-striped ganer snake. Coverboard surveys will be completed within one month prior to vegetation clearing as an 'effecth/e level of effort to remove non-listed special status species. The coverboards will be checked by the biologist once per week after placement, This task includes up to four surveys over one month for each of the four project phases (assuming Phases 2 and 3 arc done concurrently).
Any non-listed special status and common animals (including western pond turtle) ft>und shall be captured and relocated on the same day. We assume that the survey will occur within one months of vegetatkan removal, and will involve three inspections of the cover boards. If vegetation removal is not completed within 24 hours of the final sampling event for each phase, additional coverboard surveys may be included in a separate scope of work. Following initiation of construction, coverboard surveys will be conducted by compliance monitors during weekly site visits as needed.
Pre-Construction Clearance Mammal Surveys
Per Mitigation Measure BIO-7, a qualified biologist will conduct prc-construction dearance mammal surveys within 14 days of the start of construction for each of the four phases (assuming Phases 2 a nd 3 will be done concurrently). The surveys will Include the entire disturbance footprint plus a 200-fbot buffer as feasible. Any non-listed special status mammal species that are found shall be relocated from the project site either through direct capture or passive exclusion.
Rincon Consultants. Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 19 of 34
Approach to the Scope of Work
Arfaorist Oversight
Per the RFP, Rincon will provide a Qty-approved arborist (ISA certified Arborists Stephanie Lopez and Yuling Huo) to conduct oversight of tree removal, implementation of tree protection, and tree monitoring during construction. The projecfsArborist Report (i.e. Tree Protection and Replacement Plan; TRTP) provides guidelines far tree protection and fulfills MMRP, MM, BIO-11. The arborist (or a qualified biologist under direct supervisfon by the arborist) wilt monitor all work within or adjacent to the tree protection zones (TPZ)s of impacted or potentially impacted trees. The arborist or qualified biologist will be present during construction activities including but not limited to grading, tree removal, pruning/limbing, excavation, or root cutting; and oversee installation of temporary fencing around oak trees.
Rincon will monitor construction activities that occur within the dripline of all impacted or potentially Impacted trees. The Arborist Report is not clear regarding trees that should be protected under the general tree protection measures. We assume that all 109 native and non-native trees identified in the Arborist Report arc considered protected. The arborist will also oversee the installation of fencing prior to the start of construction, It is our understanding that a tree permit for impacts to protected trees will be issued by the City. This scope of work indudes up to 20 arborist monitoring (8-hour) hill days. If additional arborist monitoring days are needed, Rincon will prepare a separate scope of work.
The Arborist Report includes guidelines for tree mitigatton planting, maintenance, and monitoring (i.e.
Habitat Maintenance and Monitoring Plan [HMMP], which fulfills Mitigation Measure BIO-11), We a»ume that implementatton of the HMMP will be included in Phases I and II, Task 2 below, Phase I Contingency Task (Only As-Needod)
Protocol Suweys for Southwestern Willow Flycatcher and Least Bell's Vireo, and Presence/Absence Survey for Bank Swallow
If suitable habitat is present for least Bell's vireo, southwestern willow flycatcher, and/or bank swallow, a USFWS-approved biologist and a qualified biologist will conduct protocol surveys for least Bell's vireo and southwestern willow flycatcher and a presence/absence sun/ey for bank swallow prior to the start of construction. These surveys may be ctone concurrently. The protocol survey methodology will follow A Natural History Summary and Survey Protocol for the Southwestern Willow Flycatcher (United States Geographical Survey and United States Department of the Interior, 2010), and the Least Belt's Vireo Survey Guidelines (USRWS, January 19, 2001) respectively for each species. The surveys will be conducted within 500 feet of Ae project site without trespassing on private lancb. Inaccessible areas [e.g., fenced property) will be surveyed with the aid of binoculars. The surveys shall be conducted by qualified biologists familiar with the appearance, behavior, and vocalizations of least Bell's vireo, southwestern willow flycatcher, and/or bank swallow. Five surveys are required for southwestern willow flycatcher between May 15 and July 17, and eight surveys are required for least Bell's vireo between April 10 to July 31. This task includes up to eight surveys.
The findings of the surveys will be summarized in a Technical Survey Report for each species, which will be submitted to USFWS and CDFW, as required by individual biologist's recovery permit conditions.
Rincon Consultants, Inc. 10
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 20 of 34
Approach to the Scope of Work
Ptiase I, Task 2 Mitigation Site Planning and Installation Oversight (Inslallalion + First 6 Montlis)
Rincon has prepared this scope of work under the assumption that there are two types of impacts that will occur as a result of the project, impacts to trees and impacts to riparian habitat. Our understanding of the mitigation and the assumptions that were made to help shape our approach to the mitigation portion of the Project are summarized below;
Impacts to trees:
. Impacts to native trees will be mitigated under Mitigatfon Measure BIO-11: Tree Protection and Replacement Plan.
. The Arborist Report indicated that the Planting Plan from the Draft Plan Set dated February 2020 includes replacement plankings for native and non-native impacted trees, but that additional replacements for impacted native trees would be required. Per Attachment A-Project Description of the Draft Regulatory Permit Applications, we understand that the number of coast live oaks antidpated to be removed or significantly impacted has been reduced (5 removed, 10 impacted) from the number in the Arborist Report (5 removed, 33 impacted). We assume that since the number of impacted native trees has been slgnlficantiy reduced, the replacement trees included in the Planting Plan are sufficient for tree mitigatton per the Arborist Report . We assume the mitigation site is approximately 1.6 miles tong, equivalent to that of the Project length, We assume that the mitigatron site will include container stock for trees and shrubs and seeds for shrubs and forbs as outlined on Sheet 181 of the Planting Plan; however, we assume that only the trees will be part of the mitigation monitoring and reporting program as it is assumed that the shrubs and forbs serve as ornamental native landscaping and are not part of the mitigation requirements.
. We assume that the Planting Plan from the Draft Plan Set dated February 2020 partially fulfills the requirements of Mitigation Measure BIO-11. It is assumed that the Planting Plan will sufficiently address installation specifics for trees to mitigate for impacts. However, the Planting Plan does not include a description of mitigation, nor a maintenance and monitoring plan, which are matters that are typically required in a Mitigation Plan. In order to produce a plan that fully addresses mitigatfon and will be acceptable to CDFW, additional information will be needed to complement the plan as further described in Section 1.1.
. Per the Q&A, the project is fully mitigated on the site. If additional mitigation is required on or off the site, then a separate scope of work would be needed to amend the Mitigation Plan that Is described betow.
. For purposes of this scope of work, the area along the Project where trees are proposed for installatton per the Planting Plan, where it is assumed mitigation will occur for impacts to trees, will herein be referred to as the Tree Mitigation Site.
Impacts to riparian habitat:
. Impacts to riparian habitat will be mitigated under Mitigation Measure BIO-12; Wetland and Riparian Habitat Restored.
. We assume that 0.05 acres of riparian habitat will be impacted and will require mitigation at 3:1 per the MND, for a total of 0.15 acres of mitigatfon.
. We assume that the "potential habitat mitigation area" indicated in Figure 4 of the MND indicates where mitigation may occur. However, we assume that a Mitigation Plan that addresses impacts to Rincon Consultants. Inc.
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 21 of 34
Approach to tha Scope of Work
riparian habitat was not prepared, therefore preparation of a Mitigation Plan Is included In this scope of work as described below,
. Per the Q&A, the project is fully mitigated on the site. If additional mitigation is required on or off the site, then a separate scope of work would be needed to amend the Mitigation Plan that is described below.
. For purposes of this scope of work, the 0.15 acres of the "potential habitat mitigation area" required for mitigation for impacts to riparian habitat will herein be referred to as the Riparian Habitat Mitigation Site.
Other assumptions that were made to help shape our approach to the mitigation portion of the Project are summarized below:
. We assume that a Landscape Plan per MM BIO-13 and CDP Conditions 8. 3 and C2 is not part of this scope of work as it is not a mitigation-related item. We assume that a Landscape Plan that focuses on the installatton of ornamentals along the Project area will be prepared by a landscape architect, or that the Planting Plan addresses this requirement
. An Invasive Weed Preventton and Management Program is required per Mitigation Measure BIO-14.
The Mitigation Plan, as described below, will address invasive weed removal techniques and the monitoring of invasive weeds and is assumed to be sufficient to meet this requirement. A separate plan will not be prepared and is not a part of this scope.
The following outlines Rincon's proposed scope of work to address the mitigation of impacts to trees and riparian habitat as a result of the Project with the preparation of a Mitigation Ptan and subsequent implementation of the Mitigation Plan.
Preparation of Mitigation Plan
As described above, portions of a Mitigation Plan have been prepared; however, a cohesive plan that addresses impacts to trees and riparian habitat, as well as outlines a maintenance and monitoring program, is needed. Therefore, during the pre-construction phase of the project and as an immediate priority task, Rincon will prepare/finalize a ft/litigation Plan to meet the mitigation requirements of the MMRP and CDP and anticipated requirements from jurisdictional agency permits/authorizations. Per the Q&A, the project is fully mitigated on-site. If additional mitigation is required on-site oroff-site, then a separate scope of work would be needed to amend the Mitigation Plan that is described below.
For each mitigation site, the Mitigation Plan shall include the following componente:
. Summarize impacts to trees and riparian habitat and the mitigation need to address these impacts . For the Tree Mitigation Site, the plant palette and planting layout will be comprised of the Planting Plan. for the Riparian Habitat Mitigation Site. a plant palette and planting layout will be provided. . Guidance on the genetic origin of the plants used throughout the mitigation sites. It is assumed that plants installed within the Tree Mitigation Site will be commercially available nath/es with relatively low restrictions for the genetic requirements, while for the plants installed within the Riparian Habitat Mitigation Site will likely require kacalty specific genetic stock. . Methods of soil prepa ration
. Methods and timing of hydroseed application and container planting (in addition to those details included in the Planting Plan)
. Methods and timing of irrigation
Rincon Consulfanli, Inc. 12
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 22 of 34
Approach fo the Scope of Work
. Exotic (non-native) weed control methods and maintenance requirements * Monitoring methods and timing
. Reporting requirements and schedule
. Success criteria
. GIS-based figures of each site location and restoratton site boundaries Submittal of Mitigation Plan to Regulatory Agencies
Rincon will submit a draft copy of the Mitigation Plan to the foltowing agencies for review, as is typically required by permit condittons:
. USAGE
. CDFW
. RWQCB
Mitigation Monitohng and Reporting (Installation + First 6 Months) Based on Rincon's experience in the region, the following is an outline of what we expect to be an agency-acceptable mitigation monitDringand reporting program. Once the agencies have reviewed the Mitigation Plan and issued the applicable permits for the Project, this scope of work will need to be revisited by Rincon to ensure that it adheres to the agency requirements. At that time Rincon will be able to adequately provide a formalized scope of work and cost estimate that more accurately reflects what will be needed for the Project. The following scope of work and the associated cost estimate is based on requirements for similar projects (e.g., Anapamu and Qdinientos Street Brklges).
Rincon will provide services in the form of miUgation monitoring and reporting for the installatfon perfod and the first six months of the 7-year monitoring period. The 7-year monitoring program will be outlined in the Mitigation Plan and is required for compliance with regulatory permits issued for the project and the Arborist Report, as further described in Phase II, Task 2 below. The monitoring and reporting tasks below will be recommended in the Mitigation Plan, based on our experience with projects involving impacts to Jurisdicttonal waters. We assume the foltowing:
. This task will be conducted during restoration planting installation (ending approximately January 2022, 1 month after construction is complete) and the subsequent 180-day performance period (approximately from February through July 2022); over a total approximate period from January 2022 through July 2022. Please note that this an assumed schedule, and the actual schedule may differ and would be considered accordingly
. The restoration installatton period will be 6 months per the RFP (page 3 of the RFP). We assume that installation will be 6 months total for both the Tree Mitigation Site and Riparian Habitat Mitigation Site combined, and that installatton will be conducted simultaneously. . Once the Qty deems the restoration installation complete, the 180-day perfbnnance period (per Q&A 4.3) will begin. Rincon assumes that we will provide restoration-specific guidance to the City to aide in their close out determinations for the restoration installation period and the subsequent 180-day performance period,
. The mitigation site is 1.6 miles long for Tree Mitigation Site and 0. 15 acres for the Riparian Habitat MiUgatfon Site.
' We assume that restoration installation will be conducted at both sites by a qualified restoratfon or landscaping firm under the oversight of the General Contractor. Rincon will oversee the General Rincon Consultants, Inc. 13
EXHIBIT A
CKy of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 23 of 34
Approach to the Scope of Work
Contractor's firm and provide oversight; however, the firm will be under the direct supervision of the General Contractor.
Installation Oversight
The Restoration Specialist (senior restoration ecologistor botanist) will provide oversight of the General Contractor who will install the plants and seeds per the approved Mitigation Plan. The Restoration Specialist will flag plant and seed locations per the Restoration Plan for the General Contractor. It is assumed that flagging, including preparation, will take no more than 2 days per site, for 4 days total, for the Restoration Spedalist and a Staff Biologist The Restoration Specialist or a qualified Biologist under their supervision will provkle oversight during installation, including on-site direction and email/phone communication. The Restoration Specialist will inspect the plant and seed material from the nursery to ensure the plants and seeds are free of pests, are viable, and are the correct approved totals and species.
The Restoration Specialist will also inspect the installation of the erosion control materials as it pertains to the restoratton site (this does not include erosion control inspection for the SWPPP or overall site integrity). It is assumed that the General Contractor will install the erosion control materials per the specifications in the Eroston Control Plans from the project's Plan Set Monitoring Visits
The City has established the flrst 180 days after the completion of the restoration installation as a 180- day performance period which would be considered part of the 7-year maintenance and monitoring period. The Restoration Specialist or a qualified biologist under his or her direct supervision will conduct monthly qualitative restoration monitoring visits during this 180-day period (equivalent to the first 6 months of Year 1; approximately February 2022 through July 2022). Fh/e monthly qualitative monitoring visits will be conducted. During the sixth month, a quantitative monitoring effort will be conducted.
Qualitatwe monitoring will include inspection of the restoration area, including a qualitative estimate of plant health, weed cover, erosional issues, and native plant establishment. Photographs from fixed photo points will also be taken. These photo point locations (minimum of eight) will be established at the time of planting. The Restoration Specialist will provide recommendations for plant survival, weed removal, irrigation repair and schedule, and general housekeeping to the Restoration Contractor in the form of a brief email after each site visit.
The Restoration Specialist and one qualified biologist will conduct one quantitative restaration monitoring visit (spring monrtoring event) 6 months after planting is complete. Quantitative monitoring will include collecting transect data to quantify percent cover of native, non-native, and invasive nonnative plant species. A calculation of survivorship of installed plants will be conducted throughout the restoration area; in particular, the installed trees will be monitored for survivorship to ensure mitigation ratios are met Fixed transects will be established in Year 1. Additionally, the monitoring visits will include taking photos from the fixed photo points and identifying erosion or other issues that may prohibit the achievement of restoration project success criteria outlined in the Restoration Plan.
Following the completion of the monitoring visits during the 180-day performance period, a memorandum wilt be prepared as described betow.
150-day Memorandum
Rincon will provide a summary memo (180-day Memorandum) to the City regarding the success of the mibgation sites within two weeks of the completion of the 180-day performance period. The memo will cover both mitigation sites and will include two as-built maps, photos, and a table with plant counts; as RIncon Consultants, Inc. 14
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 24 of 34
Approach to the Scope of Work
well as summarize the methods, results, conclusions of the monitoring visits, analyze the restoration site in relation to project success criteria, and outline the corrective actions for the Restoration Contractor to employ to help ensure achievement of project success criteria. Photographs from the fixed photo points will be included to document current site conditions in relation to conditions at the time of installation.
Project Coordination and Communication
This task involves management, organization, and coordination with the City, Restoration Contractor, and resource agencies over the course of the maintenance and monitoring phase. It includes quality assurance reviews of the reports by principal and Restoratton Specialist, and adminisb-ative staff as needed.
Phase II, Task 2
(6.5 Years)
Maintenance and Monitoring of Mitigation Sites
Mitigation Monitoring and Reporting
Rincon will provide services in the form of mitigation monitoring and reporting for the remainder of the 7-year monitoring period. We assume that Phase I will be completed by July 2022, which corresponds to the first 6 months of the 7-year maintenance and monitoring pertod. Therefore, the services included in this task would occur for 6.5 years from approximately August 2022 through January 2028. The 7-year maintenance and monitoring period is approximately February 2022 through January 2028. The monitDring and reporting tasks below will be recommended in the Mitigation Plan, based on our previous experience with projects involving impacts to jurisdictional waters. Please note that this an assumed schedule, the actual schedule may differ and would be considered accordingly.
Monitoring Visits
The Restoration Specialist or a qualified biobgist under his/her direct supervision will conduct qualitative restoration monitoring visits every month during the remainder of Year 1 and every other month during Yea r 2 through Year 7, per the Restoration Plan. A total of 29 monthly qualitative visits will be conducted. Monitoring will include inspection of the restoration area, including a qualitathre estimate of plant health, weed cover, erosional issues, and native plant establishment. Photographs from fixed photo points will also be taken. Qualitath/e monitoring visits will not be needed during the months that the quantltath/e monitoring visits described below are being conducted.
The Restoration Specialist and one qualified biologist will conduct two quantitative restoration monitoring visits per year, one in spring (April/May) and one in fall (September/Octnber). Monitoring will include collecting transect data to quantify percent cover of native, non-native, and invasive nonnath/e plant species, A calculation of survivorship of installed plants will be conducted throughout the restoration area; in particular, the installed trees will be monitored far survh/oiship to ensure mitigatton ratios from the Arborist Report are met Fued transects will be established in Year 1. Additionally, the monitoring visits will include taking photos from the faed photo points and identifying erosion or other issues that may prohibit the achievement of restoration project success criteria outlined in the Mitigation Plan.
i^id-Year Status Update for the City
Rincon will submit a mid-year status update to the Qty within two weeks of the completion of each year's spring monitoring event (one per year). The brief stataj s update will be submitted as an email that Rincon Consultants, Inc. 15
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 25 of 34
Approach to the Scope of Work
summarizes the conclusions of the monitoring visits, analyzes the restoration site in relation to project success criteria, and outlines the corrective actions far the Restoration Contractor to employ to help ensure achievement of project success criteria.
Annual Mitigation Monitoring Reports for the City and Jurisdicfional Agencies Rincon will prepare Annual Mitigation Monitoring Reports to summarize the methods, results, and conclusions of the monitoring visits and analyze the restoration site in relation to project success criteria across all monitoring years. Photographs from the fixed photo points will be included to document current site conditions in relation to conditions at the time of installation. As part of the Annual Mitigation Monitoring Report transmittal to the City, we will provide recommendations for the City to employ to help ensure achievement of required project success criteria. We will submit the Annual Mitigation Monitoring Reports to the Qty for review within one month of each year's fall monitoring event (one per year). The reports are due to the following jurisdictional agencies at the end of each monitoring year; USAGE, CDW, and RWQCB. We will submit the final reports to the jurisdictional agencies each February, following the end of each monitoring year in January, unless specified differently in permit conditions.
Mitigation Maintenance
Rincon will subcontract Channel island Restoration (hereinafter referred to as the Restoration Contractor) to perform maintenance at the mitigation site. Rincon's Restoration Specialist will oversee the Restoration Contractor and provide direction as described below, On-Site Kick-off Meetings
Before initiation of restoration maintenance activities each year, the Restoration Specialist will meet with the Restoration Contractor on the Project site for a kick-off meeUng to review weed removal needs, techniques, and schedules, as required by site conditions. Kick-off meetings will occur in February at the beginning of each restoration year, for a total of seven meetings. For Year 1, the kick-off meeting will take place mid-year, soon after the completion of the 180-day performance period. At this point when the 180-day performance period is deemed complete by the Qty, responsibility for site maintenance will be transferred from the General Contractor to the Restoration Contractor.
Weed Removal \/isits
The Restoration Contractor will conduct weed removal at the Project site for seven years and a total of 32 visits (two visits for Year 1 and five visits per year for Years 2 to 7). It is anticipated that the weed removal visits will occur twice in either March or April (the other month will have one visit), and once each in May and June, Please note that in Year 1, weed removal visits will be the responsibility of the General Contractor during the 180-day performance period; as such, the weed removal visits will not be conducted by Rincon's Restoration Contractor during this timeframe and will be conducted after the performance period is done. It is assumed that the mitigation site will be in maintained with relatively few weeds at the end of the 180-day performance period.
Maintenance of restoration areas will include regular removal of non-native plants mainly using handremoval techniques; herbicide use will be very limited and will only be allowed at the direction of Rincon for particularly problematic non-native plant species. Techniques to be employed will be at the direction of the Rincon Specialist in coordination with the Restoration Contractor; a Rincon Biologist will periodically be present on-site to help guide work.
RIncon Consultants, Inc. 16
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 26 of 34
Approach to the Scope of Work
Keolacement Planting
The Restoration Contractor will install replacement plants during October or November of 2022 (Year 1).
For the Tree Mitigation Site, it is assumed that 10 percent of the trees listed on Sheet 181 of the Draft Plan Set will require replacement; approximately 19 replacement trees will be installed. For the Riparian Habitat Mitigation Site, it is assumed that 20 percent of the plants will require replacement; approximately 65 plants will be installed. Rincon will purchase the replacement plants from a local nursery that supplies commercially available native trees for the Tree Mitigation Site and from Santa Barbara Natives (or similar local nursery) for the local geneUc stock that will likely be needed for the Riparian Restoration Mitigation Site. Techniques to be employed will be at the direction of the Restoration Specialist in coordination with the Restoration Contractor. During the replacement planting effort, a Rincon biologist will be present to help guide work. Replacement planting may be needed again in fall 2023 (Year 2) to ensure the site meets the success criteria for each year. Although the quantities are not yet known, it is assumed that the 2023 (Year 2) replacement planting effort will be half of the replacements needed for Year 1 for both the Tree Mitigation Site and Riparian Habitat Mitigation Site.
For the Tree Mitigation Site, it is assumed that approximately 8 replacement trees will be installed. For the Riparian Habitat Mitigation Site, it is assumed that approximately 35 plants will be installed. We assume that replacement plants of appropriate species, quantity, and appropriate genetfc stock will be available far purchase by Rincon in 2022 (Year I) and 2023 (Year 3).
Irrigation Maintenance
The Restoration Contractor will be responsible for maintaining the irrigation system to ensure it is properly functioning, including repairs as needed. The Restoration Contractor will also manage the irrigation schedule to ensure sufficient water is supplied to the native plants to maintain their health and vigor. It is assumed that irrigation will be used for three years. Irrigation will be used between May and October. The Restoratfon Contractor will conduct monthly irrigation visits during this timeframe and will coincide with weed removal visits for efficiency, for a total of 18 visits (sb< per year). Near the end of Year 3, the irrigation system will be removed by the Restoration Contractor. The irrigation system will be removed to the extent possible without causing harm to the established plant It is assumed that a drip irrigation system is already present on-site, that it will be functioning properly at the end of the 180-day performance period, and that water for the site will be provided by the City of Santa Barbara at no cost to Rincon or the Restoration Contractar.
Project Coordination and Communication
This task involves management, organization, and coordination with the City, Restoration Contractor, and resource agencies over the course of the maintenance and monitoring phase. It includes quality assurance reviews of the reports by principal and Restoration Specialist, and administrative staff as needed.
1.2 Staff Assignment by Task
The staff assignment by task is provided in the table on the following page.
Rincon Consultants, Inc. 17
EXHIBIT A
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Rhcon Consultants,. Inc.
Approach to the Scope of Work
18 EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads MuKiuse Pathway Project, Project No. 40212
Exhibit A, Page 28 of 34
Estimated Staff Hours
Estimated Staff Hours
The staffing program has been developed based on expected site conditions of Las Positas Creek during the permitted in-creek construction season and the available environmental requirements.
We have included a brief "As-Needed" cost summary for a task that would be required in the event that suitable habitat for least Bell's vireo, southwestern willow flycatcher, or bank swallow is observed. The As-Needed task would be approved by the City prior to Rincon taking actton to implement it
2. 1 Assumptions
Rincon has made assumptions based on our experience on similar projects for the city and information in the RFP and project documents including;
. A construcUon period of 270 working days, over 18 months. A four-hour minimum will be charged for each day a monitor is present on the project site. Should more tha n 270 working days be needed to complete construction, a scope and budget augmentation will be requested, . Per the Project Phasing Plan from the Draft Specifications dated March 2020, the project will be divkled into five construction phases. Construction for Phases 2 and 3 may be done concurrently and occurs in the same portion of the project (Las Positas Road from Modoc to Veronica Springs Road); but Phases 1, 4, and 5 will be completed separately due to traffic closure conflicts and other requirements in the Project Phasing Plan.
. The SWPPP, including associated water quality sampling and pre/post rain event monitoring, will be prepared and implemented by the constructkin contractor per the Questions and Answers for the RFP. If additional water quality sampling is needed (i.e., required by agency pemnits), Rincon can conduct water sampling under a separate scope of work if desired. . RFP Enctosure 5-Draft Regulatory Permit Applications and the Qt/s Q&A response 4. 1 from PlanetBids indicate that no in-water work will occur and as a result no dewatering or diversion will be implemented for this project, If needed, Rincon can prepare a separate scope of work to include in-water monitoring and the review and recommendations for the conta-actor's Dewatering and Diversion Plans.
. Rincon has prepared this scope of work under the assumption that there are two types of impacts that will occur as a result of the project, impacts to trees and impacts to riparian habitat . The restoration installation period will be 6 months (180 days) per the RFP. We assume that installation will be 6 months total for both the Tree Mitigation Site and Riparian Habitat Mitigation Site combined, and that installation will be conducted simultaneously. Should a substantial change to the installation schedule occur, a separate scope of work may be warranted. . We assume that installation of the restoration plantings and irrigation system will be conducted at both sites by a qualified restoration or landscaping firm under the oversight of the General Contractor. Rincon will observe the General Contractor's firm and may provide recommendations; however, the flrm will be under the direct supervision of the General Contractor. Restoration installation is not included in this proposal.
. As described above, portions of a Mitigation Plan have been prepared; however, a cohesive plan that addresses impacts to trees and riparian habitat, as well as outlines a maintenance and monitoring program, is needed.
Rincon Consultants, Inc. 19
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 29 of 34
Estimated Staff Hours
The Arborist report indicated that the Landscape Plan includes replacement plantings for nath/e and non-native impacted trees, but that additional replacements for impacted native trees would be required. Per Attachment A- Project Description of the Draft Regulatory Permit Applications, we understand that the number of coast live oaks anticipated to be removed or significantly impacted has been reduced (5 removed, 10 impacted) from the number in the Arborist Report (5 removed, 33 impacted). We assume that since the number of impacted native trees has been significantly reduced, the replacement trees included in the Landscape Plan are sufficient for tree mitigation per the Arborist Report, If additional replacement trees are required, Rincon will include them in an amendment to the Mitigation Plan under a separate scope of work, The Mitigation Plan will incorporate mitigation guidelines from the Arborist Report for replacement trees.
Since agency comments on the project design pr on the Planting Plan for the Tree Mitigation Site have not been made available to the bidders, it is assumed that the project and associated mitigation will be installed as presented in the Planting Plan. Should substantial changes be required by the agencies as a result of their review of the permit application, or the Mitigation Plan included herein, a change of scope may be warranted.
Per the Q&A 4,7, the project is fully mitigated oh site. If additional mitigation is required on-site or off-site, then a separate scope of work would be needed to prepare the associated Mitigation Plan.
Regulatory agencies with jurisdiction over waters and wetlands have not yet issued permits for the project. As a result, this scope for restoration services has been estimated based on experience, the MND, project permit application information, and the Jurisdictional Delineation Report The agencies' mitigation ratios may differ from the MND which would result in a change in scope and cost. Other variables that will affect scope and cost will include the size and spacing of the replacement plants, proximity to available irrigation water, site terrain, soil compaction and the need for weeding. As a result, our scope and cost are estimates. Cost have been roughly extrapolated from sites that are similar in size but are only estimates.
The contractor installing the mitigation plants will require substantial input from the Restoration Specialist during installation, based on our current experience with the Quinientos Bridge project.
Any deviations from the assumed jurisdictional agency requirements, resulting from the final approved agency permits/authorizations, may require modification to this scope of work.
We will incorporate one round of comments from the City on each report/memo.
All reports will be submitted electrQnically to the City and jurisdictional agencies. Printing and delivery of the reports can be provided for an additional cost (estimated $50 per year).
An Invasive Weed Preventton and Management Program is required per MMRP MM BIO-14, however, it was not requested in the RFP and is not typically requested in this type of work plan; therefore, we have not included it in our scope of work. If this program is needed, we can provide it in a separate scope and cost.
Rincon Consultants, Inc. 20
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 30 of 34
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EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 31 of 34
Schedule
Schedule
Scheduling assumes that Rincon's pre-construction phase of work will begin in April 2020, prior to the increek construction season (June 1-October 30). Monitoring will begin in June, as in-creek construction and vegetation removal activities commence. Rincon understands construction is tentatively scheduled to begin in June 2020 and is expected to continue into December of 2021. Provided on the following page is an illustration of our anticipated schedule.
Rincon Consultants, Inc. 22
EXHIBIT A
Rincon Consultants, Inc.
I I
23 EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 33 of 34
Forms and Enctosures
4 Forms and Enclosures
As requested by the RFP, the following forms have been submitted to the City:
. Exhibit 10-01, Consultant Proposal OBE Commitment (Enclosure 7) . Exhibit 10-02, Consultant Contract DBE Commitment (Enclosure 8) . Exhibit 10-Q, Disdosure of Lobbying Activities (Endo5ure 10) . Exhibit 10-K, Consultant Annual Certification of Indirect Costs and Financial Management System (Enclosure 11)
Rincon Consultants. Inc. 24
EXHIBIT A
City of Santa Barbara, Design Services Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit A, Page 34 of 34
Cost Proposal
Cost Proposal
As requested in the RFP, a cost proposal (Exhibit 10-H2 Cost Proposal) has been submitted in a separate document
Rlncon Consultants, Inc. 26
EXHIBIT A
City of Santa Barbara, Professional Service Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit B, Page 1 of 5
EXHIBIT B
Insurance Requirements
EXHIBIT A
City of Santa Barbara, Professional Service Contract w'th Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibits, Page 2 of 5
INSURANCE REQUIREMENTS
As part of the consideration of this Agreement, Consultant agrees to purchase and maintain at its sole cost and expense during the life of this agreement insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
A. Commercial General Liabili CGL : Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations with limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liabilit : Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (nonowned), with limits of no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
C. Workers' Corn ensation: In accordance with the provisions of the California Labor Code, Consultant is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Statutory Workers' Compensation and Employers' Liability of at least $1,000,000 shall cover all Consultant's staff while performing any work incidental to the performance or this agreement.
D. Professional Liabili : Professional Liability (Errors and Omission) Insurance appropriate to the Consultant's profession, with limit no less than One Million Dollars ($1, 000, 000) per occurrence or claim and Two Million Dollars ($2, 000, 000) aggregate to cover all services rendered by the Consultant pursuant to this Agreement.
If the Consultant maintains higher coverage limits than the amounts shown above, then the City requires and shall be entitled to coverage for the higher coverage limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
OTHER INSURANCE PROVISIONS
Each insurance policy shall contain, or be endorsed to contain, the following five (5) provisions:
1. Additional Insured Status
The City of Santa Barbara, its officers, employees, and agents, shall be covered
EXHIBIT A
City of Santa Barbara, Professional Service Contract with Rincon Consulting, Inc. for Environmenlal Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibits, Page 3 of 5
as additional insureds on the Commercial General Liability and the Automobile Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Consultant. Additional Insured coverage shall be provided in the form of an endorsement to the Consultant's insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38;and CG 20 37 forms if later revisions used). A copy of the endorsement evidencing that the City of Santa Barbara has been added as an additional insured on the policy, must be attached to the certificate of insurance.
2. Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors. For Commercial General Liability coverage subcontractors shall provide coverage with a format at least as broad as Insurance Services Office form CG 20 38 04 13.
3. Notice of Cancellation
A provision that coverage will not be cancelled or subject to reduction without written notice given to the City Clerk, addressed to P.O. Box 1990, Santa Barbara, California 93102-1990.
4. Primary Coverage
For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it.
5. Waiver of Subrogation
Consultant hereby agrees to waive rights of subrogation, which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.
ACCEPTABILITY OF INSURERS
All insurance coverage shall be placed with insurers that have a current rating from AM Best of no less than A: VII; and are admitted insurance companies in the State of
EXHIBIT A
City of Santa Barbara, Professional Service Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads MuKiuse Pathway Project, Project No. 40212
Exhibit B, Page 4 of 5
California. All other insurers require prior approval of the City.
CLAIMS MADE POLICIES
If the required Professional Liability (Errors and Omissions) policy provides coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5)years after completion of contract work.
COVERAGE LIMITS SPECIFICATIONS
Approval of the insurance by City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Consultant may be held responsible for payment of damages resulting from Consultant's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.
If, for any reason, Consultant fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach. Alternately, City may purchase such required insurance coverage, and without further notice to Consultant, City may deduct from sums due to Consultant any premium costs advanced by City for such insurance.
SELF-INSURED RETENTIONS
Any self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Consultant shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
EVIDENCE OF COVERAGE
Consultant must provide evidence that it has secured the required insurance coverage before execution of this agreement. A Certificate of Insurance supplied by the City or the appropriate ACORD and Insurance Services Office forms evidencing the above shall be completed by Consultant's insurer or its agent and submitted to the City prior to execution of this Agreement by the City.
EXHIBIT A
City of Santa Barbara, Professional Service Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibits, Page 5 of 5
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
EXHIBIT A
City of Santa Barbara, Professional Service Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit C, Page 1 of 4
EXHIBIT C
Consultant Contract DBE Commitments
EXHIBIT A
City of Santa Barbara, Professional Service Contract with Rincon Consulting, Inc. for'Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit C, Page 2 of 4
Local Aasistancc Proccdunss . Manual
Endosupe 7
Eiihibit 10-01
Consultant Pro osaIUBECcmmitment
EXIUBIT 10-01 CONSULTAST PROPOSAL DUE COMmTMENT IB£e tE^ j
1. Local Agency: City of Santa Barbara 2. Contract DBE Goal: 0%
3. Projed Description: EnrionmmlBlMlllcaUunandRMlm.iUonSped.iliilSiiiumt'lndRetileilSuppoilfoi UitLasPuBliisandMoikicRiBidsMullhiuil'ahiiniyPrijtil
4. Project Location: ModocRoad and las Positas Road, cnyflitSanta Barbara
5. Consultant's Name: Rincon Consultants, Inc. e. Prime CertHied DBE: ^~\
7. DesutpD on arworlf, Service, orMatertals
Supplied
8. DBE
Certification
Number
8. CBE Contael IntonnaUon
Locat Agency to Complete this Scctipn
17 Local Agem^ Contract NumbCT.
18 Federal-AldPtoJErf Number:
19 Proposed Contract Execution Date:
M. ConsuIianTs ftanking aftsr Evafuation;
Local AgEnc> certffies that all DBE certfflcatlBns are valid and informaticn on this form is com ptete and accurate.
11. TOTAL CLAimED DBE PARTICIPATION
IMPORTANT: Idantify all DBE firtns beinj daimed for credh, regantless or tier. Written sonlirmation of each listed OBE Is required.
( 1^^^ //^..^ 03/12/2020
12- Preparerts'Sign^ure/
Christopher Jiiltan
14, Prepared Name
Principal
16. Preparei^TUe
13. Date
805-319-4092x425
15. Phone
DISTRIBUTION: Original - Included with cahsultant's prepcsal to local agency.
ADA Notice: Fd milmduals ulh s«na»y diaahBlies, Ihlt doeument te aiMDahla in aIIBmatB foimas. For inhnmtlan CBII (316) 664-6410 or TDO (W 6) eB4- SSSa 01 unila RMorck and Faim Mahagament, 1120 N Strael, MS-t9, Sanainanln, CA B5BU.
LPPISM)! l'agelot'2
Januai?' 2019
EXHIBIT A
City of Santa Barbara, Professional Service Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit C, Page 3 of 4
Local Asiiirtancc Proccdurei Manuiil
BicloEure a
Exhibit 10-02
Comndtant Contract DBE CommMmcnl
EXHIBIT 10-02 CONSULTA^.T CONTRACT DDE COMMITMENT
1. Local Agency: City erf Santa Barbara 2. Contract DBE Goal- 0%
3. Project Description; FTrora"^^^Mlti9aTiw^(*l^<^^o"^o^tfS«>n4<^i^telat^SuppD TthN^thel,ul^tKarriModocftoaAMultiuw^^^
4. Project LocaUon; Modoc Road and Las Posltas Road, City of Santa Barbara S. Consullant'sName: Rlncon Consultants, Inc. 6. PrlmeCeimedCSE; a 7. Total Contract Awari Anount: P"*'"[""tely a. Total Dol» Amount far SlJsSubconiutants: Provided Separately 9. Total Number of filiSuhcimsuIanta: 1 nan-DBE sub
10. Description ofWork, Sarvice, or Matnials
Supplied
11. DBE
CerUfeBlion
Number
12. DBE Contact Indxmalion
13. DBE
Dollar
Ancunt
Local Agftncy to Comfriato tMs Section
20 Local Agency Contract
N. nihrr
21. FeiKraWUd Project Number
22 Cmtrad Eiacutun
Dale
Local Agwcy certifies that g« DBE certificsBons ere valid and InfomiaUon on (Ms form fe complete and accurate.
23. Locil Aamcy Rapttsantttin'E Signiilun: 24- Date
25. Local A»ency Representative's Name 26. Phone
27. Local Agency Repfesentalivet Title
»0
14. TOTAL CLAIMED DBE PARTICIPATION
0 %
IMPORTANT: Identify al C6E Inns being dalinea lof cmflt. regardlec of tiff, WHtten conflmnatlon of each listed DBE is required.
15. PreparefS Sgnature/
Christopher Julian
17. R'eparer'sName
Principal
16. Preparer's Title
^ March 12. 2D20
16. Date
805-319-4092x425
18. Phone
DISTRBUTIDN: 1. Onntoal - Local Agency
2. Copy - Catrans District Local Assistance Enaineer (UAE). Failure to submit lo DUE 'mthin 30 days of contracl weculKn may resull in de-obligaljon of feda-al funds on contrad.
W)* NBUU: FiirlndulduaB irttli smuryduUBri. Itih donmtnlb imlbbf h at«mal«ft)mi«li. Fw hlomiattei ciill 916) 664-W10 » TDD (916) E54. 38BO or writ* RKWdi md Fonni Min«(uninl. 1120 N ShML MS.M, SBtnarnto, CA 9MU.
.luly23, ift1S
EXHIBIT A
City of Santa Barbara, Professional Service Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit C, Page 4 of 4
Local AiiiUitnutc Pt^iccdure* Manual
IMsidmun
NotApplkabfe
EXUIBII 10-0 DlSt'LOSl KE OfLOBBYINU At: I JVITIES
COMPI.FTE THIS FORM TO DISCI ^)SE T.OBRVINO ACm'ITIF-S Pl.'RSI.-ANT TO .1 I II.S.C. 1352 Enclosure 10
EXHBIT10-Q
ofLubb in Adivain,
1. Type ofFederal ArUon:
a. c<mlrac1
b. grant
c. tfudperativeagnwmiml
d. loaii
e. loangunranlee
f. loaii inBiuancc
4. Name and Addrus of Repurting Enllty
Ql'rimc ||suba»imiw
Tiw_,ifbi(wii
Congressional Uistrict, ifbwTTO
6. Federal Deparlinenl/AgMicy:
8. Fed«nil AcUun Nuciber, iflaiuMi:
2. SlatusufFederalAcUon:
a. bul/offctAppUcalion
b. initial awunl
c. piKl-iiftapd
3. RfportType:
a. imdal
b. niaterial utuoige
For Mattrial Cliangc Oaty:
year ^ quarter
dawoflastrqi ort
5. If Rtporting EnUly in Ku. 4 i> Subawardre,
Entasr Name and Addreis of Pfline:
Congressional Diitrid, ifknown
7. Federal Program KaniB/Deiicriplion;
CVDA Numbw, iTappliiaihli;
9. Awanl Amounl, ifknown:
10. 12.
13. IS.
Kume and Addnaa of Lobby EnUty
(If individual, latl nuns. Gist nmw. MI)
II. InditMuNlsl'trrormlnBSerfiCEs
(iiiL-Iuiliiifi ailJiRB; il"iliffitTl Ijcni No. 10)
(tart nanie, firft IIMIK, \n)
(attacli C<iiitinnationSl «t<8) ifneeegBaiy)
Amount nf Payment (check all that apply) 14. Typt of Paynienl (ch«k all thai apply) S I I adiul | (planned
I'nrm of Paymml (check aU Uial apply):
a, ea?h
b. iii-kiiitl; qwcify: uaturu
Vahie
a. retainer
b. oiie-nmefee
e. I'ommusiciii
d. contiiigcnt f
V AtfNTCd
E oBier, tpeci)}-
Brief Dawription uf Seniccs Performed or to be pcrformtd *nd Datt(8) of Strvict, indndlng offlc(r<$), employcc(s), or memberts) contacted, for Payment Indicated In Item 12:
(attach t'tontinnation Sl)cet(8) ifntcotary)
X. ConHnnation S1ie«t(s) attached: Yes
17. Iiilimtialiun injucstcd (hroudi diis lumi is uttiirecd b) TMc 31 ll.S.C. Scaiuil.l.W. . i8<tia:lo6tircnflnhb}<ngreliimi:e was placed by' the tier ibin^whtn his ttanstcdon vws nude of cntoidinto. .lliisdiKtoaireisruiiurixtpiiRaiamto.n Il.s.<:. 1352. TIusinfonnatini will be reported to Congrcs
Baiiimiiully ard will be niilabtefor [whlic mi.putiim. Any pawn who Ms lo file fll« nquiicd dsdoam Aall be aibjnl
lu a dvil penalty ufnol lcai lltan S10.000 anii nul inure Ihin S100.000 fw cadi sudi 1'ailure.
Federal 1:sc Only:
No
Signahuc: (J,^ ^ f^A.^
Print Name: Christopher Julian
lUe; Princi al
TdqihniicNo.: 805-319-4092x425 Date 3/12/2^^
AuflioriyedfbrT-ftcail Reprrtdtiction
Slmdml Fonn - LLL
DlslrlbuUom Orig. LucalAgnicyTri'JB. lFUes
LPP 13-01
Pay 1
May 8. 2BU
EXHIBIT A
City of Santa Barbara, Professional Service Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit D, Page 1 of 11
EXHIBIT D
Cost Proposal
EXHIBIT A
'.&?
2 S "°'^
Clly o< Santa Barbaro
Cnwonmenlal Monitoring teivices lor Ibs las Posilgs and Modoc loads I ... uae Pathway Projecl, BFF No. 40212 iH'WUwfOwMWHI/WwH^HflMl, I
s
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iritie* tt<f-» (ml<i*ii'ini»i*aillt. '''<iirti'mW-<lf-<r'"nn9l.i «<n Meat BTwlt 0FFlw*BV»rttnfti*I6<kirfrcicn3>rullanwrlsi»:in|Btcumin-cc^-oniwhtrhrfiatrracUtOWHtl'c =t'ciPmTh-c/AWB-rahin fcrll/CTortliEtrtaiM.PT»Con*:l.^:.l-£«aranc»il.-wytt^Ma-a"Buc<n'tiVli""3»MU"»I(*< Ebt^aflvAvudtintBonJ l/i-*ii'tuti'ui'1i«iRawlfl-ijl aufhTCiny.-ucih.-nSufvify^»»(tn(»l/(n; ;rlllTu.!il>w. t»«?»«»w<ta<;<-r*ril,n'»!'!irfBll-wl»l!Wram. w<"d cut Witmmy»<i!**>|)
IterfhlB'idUin'lyllwU-cKilw.tlllWlhlTdu twcnneil wciw't linia'ns Ann.)lft:'<r.-itausK.p:-t<w--'2rm:r : I-^.'J-K KOOnil hrAmiCU ttc»iKlt-W<l]'tut<lai. <ft'Ji.trp''. l'l'WrNF»Wt»*n-<'t-AmiLn^iK:a3 tc:t;tt«Uui,to incinfh-;caCBi-ratttfunlii;^^ii FrcCnu'I.rcifcyCT-J&»CTAI>lcfT-n«lniitfU:1e'ift;!ButfBtlTduJcd(ilC.mfl^w.UuntB-iinwd ArbS-fatO**^ t
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EXHIBIT A
City of Santa Barbara, Professional Service Contract with Rincon Consulting, Inc. for Environmental Mitigation and Restoration Specialist Services, and Related Support for Las Positas and Modoc Roads Multiuse Pathway Project, Project No. 40212
Exhibit D, Page 3 of 11
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EXHIBIT A
I
III
I
I
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's II
IJ
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81 5
s%
Local Asrislancc Practdurcs Mauuil
"
itsI5'!. |.ji £-iili's'S IW&tti Sill w .^
1111OSCL
ErilibitlO-HZ
Cost Proposal
NoTe; Mark-ups are Not Allowed
Consultaill Rincun Cunsultanls
Project No. ContraetKo,
EXHIBIT 10-H2 COST PROPOSAL PAGE I OF 3
SPECIFIC R\TK OF COMPFJtSATION (USE FOR ON-CALL OR AS-NEEDER CONTRACTS) (CONSTRUCIIONENGINEERING AND INSPECTION CONraACTS) B Prime Cnnsultant D SjtacuiuultaiiL Q Zlid Tier SuUtDiisullanl or cm me te
For Home Office RateFor Field Office Rate .rings 1W, Fringe Benefit % Fringe Benefit % Participation Aiuount 1> Oenera uustTation°B 86.95% ORGeneral Administration % General Adininistration % Fee
Date 3/].2)'202U
Corn
153. 15%
Combined ICR%r^inbined ICR%
10%
BILLING INtDKMATION CALCULAl'lOJS IKIUK.MATIUN
Name'Job Title/Classification'
Christopher Julian
Principal I
HricSchaadProject.Eiivirunmental Coordiiiator
Senior Biologist ISlephanie Lupez
QAQ&Techniuil Advisor/Aiburist
Senior Biola istT
Julie Love
Reaoration Specialist
Senior Bioiogist IT
Steve. HowardCRLFSpecialist
Senior Biologist IT
Thea BensonS\WL Specialist
Senior Biologist I(Add pages as necussary)
Hourly Billirgltates2
Straight OT(l. Sx) OT(lx)
$194. 54 Not Applirable Not Applicable
$200:37$206,3S$127, 17 NotApplicable NotApplicableS130. 99 $134.92S11S.49 NolAppUuuble Not/CT"^'eS123.04 . 125.70S131.21 Nd Applicable NutApplicable$135.15S 139 20$119.96 Nol Applicable Not Applicabli; $123.56$127. 27$133.89 Not Applicable NotApplicable
$137. 90
$142. 04
Effective dateoflioutly rate
From
1.'1/20201/1/20211/1/20221/1/20201'1/21)21
Tl/20221/1/3020
l.']/2021
1/1/2022
1.'1/20201/1/2021
l'i/30221/1/2020
1:'1/20211/1/20221/1/20201.'1/20211. ,'1/2022
To
12S 1,2020
12'31/20211231/2U2212'3l/202012/31/202]
12.'31/20221201/-2020
12,'31/202l12.'31<-202212.'31;'202012-qi, 2021
12^t,-2022
12/31/202012'31/202l
12'31/2022
12.'31/2020l2.'31/'202l12.'31/2022
Actual or Avg.
Hourl tee'
$69.86$71.96$74.11
$45.67$47.04$48.45$42.55
3143. S3$45.14$47.12$48.53$49. 99$43.08U4.37
$45. 70$48.08$49. 52$51. 01
%.or$
Increase
3.00%3.00%
3, CU%3.00%
3.00»/o
3.W/,
3.00»'o3-0 .3.0CPA3.a-)%3. Cfl»A3. 00%
Hourly Range - for
Classificatiais Only
Nut Applicable
^ot ApplicableNol Applicable
Nol ApplicableNot Applicable
Not Applicable
January 2018
EXHIBIT A
s.
I
i
Loo) Asititancc Proceilurts Manual
EXIUBIT 10-112 COST PROPOSAL PAGE 2 OF 3
SPKCmC KATE OF CO.VU'ENSATION (l;S£ VOK ON-CALL OR AS-NEEUEU CON'l'ltACTS) (CONSTRUrnONBNOIN'KKRINn AND INSPnCTION CONTRACTS)
Note: Mark-ups are Not Allowed 13 Prime Consultant D Sjhmnsuliant D 2nd lirr Subconsuhant Consultant Rinoon Cnnsutlants
Project No. Coiilract^.0. Participation Anioma $
EriiibllldLU!
CuslPfupusal
Date 3/12,'2U2U
s.
5 BCLLINGIKFOKMATION CALCULATION INFORMATION
.,1is
0)
II51
1.1 p^s
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§s£\
Name/Job Title/Classification1
ChnrisVnnnerHeide
Monarch SpecialistBiologist II
YulingHuoCompliance \lonitor
Biologist 11
Michael MassCompliance Monitor
Biologist TI
JonMontgumi iryOIS/CADD Specialist H
Dcbra Jane SeltzerProduction Specialist IRose GregoQ'
Clerical-'Adininistrative Assistant I
Slrai t>
$75. 30$77.56$79. SS$7797$80.31 .$82.72
19 $90.84$93.56$97.71
$100.64$103. 66
$!!<i.iiii$89.49ITO. 17it69.62$71.70$73.86
Ilourly Billing Rates4
OT(1. 5x)
$112. 95$116. 331119. 82
$116-96
S120.46
$124.08$132. 28$136.25$140.34$146-57$150.97$155. 50113U.32 $134.23
$I.W.26
$104.42$107.56S110.7S
Effective date of hourly tate Actual or Avg.
OT(2x) Prom To llourl Rate-"
S150.59 1,'1.?2020 12,'31/2020 $27.04S155. 11 1/1/2021 12..31/2021 $27.85$159. 77 1/1./2022 12/31/2022 $28. 69S155.94 1/1/2020 12.'3l/2020 $28.00S160. 62 1/1/2021 12/'3l/202l $28.S4S165. 44 1/1/2022 12/31/2022 $29.71S176.38 1/1/202U 12.'31/2020 $31.67S1S1.67 l.'l/2()21 12,'31f202l $32.62S1S7.12 1/1/-2022 12/31/2022 $33.60 $195. 43 l/L-2020 l2-'3l/2020 $35. 09S201. 29 1/1./2021 1M1/2021 $36. 14S207.33 1/1/2U22 1231/2U22 $37.23S173.76 1/1/2020 12Ql/2U2y $31.20S178.98 1/1/2021 12.'3l/2U21 $32. 14S18.1.34 l.'T3")22 12ai/2022 $33. 10S139. 23 1/1.^020 1231/2020 $25. 00S143. 41 1/1/2021 12.31/2021 $25. 75S147.71 1/1/2022 12'31/2022 $26.52 Vim S,
Increase
Hourly Rarge - for
Classifications Only
"Not Applicable
3.00%
3. 0li»/o3.0(l"«3. t»°'»i3.(.i0%S-OlB-i3.00?'o3,UO%3. 1W;3.W.3. 00t/»3-OCi% Not ApplicableNot Applicable
Not Applicable
Mot Applicable
Not applicable
NOTES:
1. Key personnel must be marked with an asterisk O aiid employees that are subject to prwailiijg wage requirein aits must be marked with tn-o ustcrisiks (**). All costs must comply with ihe Federal cost principles. Subconsultante will provide their own cost proposals.
2. The cost proposal format shall not be amended.
3. Billing rate - actual hourly rate * (11 ICR) * (1 f Fee). Jndirect cost rates Shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognirant agency or accepted by CallrHns. All casts must comply with the Federal coat principles tor reimbursemenl.
4. Fw named employees and key ptir&onncl tinier the actual hourly rale. Ftw classiGuatiuns only, enhir Lhe Average Hourly Rate lur Ihal classiGuation.
Jaimaiy 2018
EXHIBIT A
.*=
3 I
2 ^
Local AsristaDCBPlrocBilurcK Manual
EXHIBIT 10-H2 COST PROPOSAL PAGE 3 OF 3
SSPECIFIC R\TE OF COMPENSATION ((JSE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGEffiEMNG ANDJMSEECTION CONTRACTS) Note: Mark-ups TO Not Allowed E] primr tonsuttant 0 SjbcunsulLint D 2rd Inr Subcoiisultanl Consultant: RineunCumultanls
Project No. ContractNo. Participation Amount $ Date 3/'12;J2020 Exhibit 10-H!
Cost Proposal
1 5
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II
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1.8 I!
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lij 1!£^ sl.2iIP C 0'II
5!^-Pl! SfiSi
MUeagc CostsReplacemeiit Plantsliquipnwnt Rental and SuppliesPermit Fees Plan Sheets
TestSubconsuhantl Channel Islands Rsstoration
Subconsultant 2:Suticonsukant3:Subcon3ultant4:Subconsultant5:
Note: Add additioiri pages ifnscessaiy.
SC1IEDULE OF OTHER DIRECT C'OST ITEMS (Add additiunal pages as necessary) Dettrlptionofltem Quantity Unit Unit Cost Total
$506 (or ^tual Cost at IRS tnileaee rate)
Quantity
S80
Unit
miles
multiple
Unit Cost
0.575
multiple $18.»90
See attached Subconsultant Cost Proposal
NOTES:
1. Usl direul cost ilffliB mill estuinted cudii. Tlie8e cuiils diould be iMiiptidlivs in itkai nispeutive iiiduslries mid suppcried wiUl itppiupiule duiMiieiilaliais.
2. J'ropoaied ODC itans stiuuld be consisbenlly tnllidregtaiiless of client and contract lype.3. Items mtien incurred for die sanie purpose, inUke circuniitmci, should not be included in aiymdiject cost pool or in die overhsad rate.
4. Items such as special tooliny, will bs.reimbiinaedal actual cost wifli suppctting documerilatiun. (uiVLiicd).S. lleins listed above Uial would lit; cciisi(bBid "tuuls ufUis tode" aK nut renubuisaUe a.'sulher iliieut i;i»t.c. 'friivel related cusls sliuuld be pu-iqipK n'.id by the ooidraelniy ugaiey tind sliall not ex«ed ciurent Slale Uepartiuait ofPawiuid AdnuuslTaiiori mliS.1. It'inilcaBS is elaiinisd, tlie nite should be pioiMrlysuppcrtid bytheoonailtimt's oaleulalictl of their actual costs for ooinpanyveUeles, In addition, the miles oluimed should be sivponaflbyt nilcagc logs.
8. Ifa Kiiisulluit prupcsiis imliil cysls lur a velliiile. Ills iwmpany must tlunoiisita^ate Ihut llus is Ibar sliuida'd inuculure fOT all of Uiiai umlractst and lli.tt Ihqr' do nyl own imy vehiula, that could beusedforflie saiiiEpuipoae.
S- Ths cost proposal fomnl shall not be amended. All costs must comply vfilli the Federal cost prinBiples.
10. AddadditiMialpagaiifnecessiiiy.11. Subcoiuiultiuilsuiuslptuvidijllieaiuwiiwsitpi upoiitils.
Jainiaiy 201S
EXHIBIT A
Lacal AnfatiUKt PWccdum Manual
Certification of Direct Costs:
ExMbll 10-U2
Exiimrr 10-112 COST PROPOS.VL PAGE 3 or 3
L the undcreigned, certify to the best of my knowledge and belief that all direct eoats identified on the cost proposal(s) in thiscontract are actual, reasonable, allowable, and altocable to the contract in accordance with the contract terms and die followingrequirements:
1. Generally Aecq»ted Accounting Principles (GAAP)
2. Tenns and conditions of the contract3. Title 23 United Staleg Code Section 112 - LeUing ofConlrads4. 411 Code of Federal Kiesulalions Part 31 - Contrsel Cost ffrinuyles and ft-ocedures
5. 23 Code of Federal Repilalions Part 172 - Prouuremenl, ManagemeiU, and Admiiiistiation of langineering and Design Related Service
6. 48 Code of F<?daral Rcgjilatjp^ ^^ 99<M - Cost j^ecountiny Standards Boip d (when applicable) All cost* <nu8t be applied comistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance witli applicable federal and state requirements. Coste that are noncoinpliant with die federal and »taterequirements are not eligible forrennbursement.
Pcijiic-Cftnsultantor Subconsultant Ctytiivinff:Name; LacrissaDavis Title*: CFO Signature: ^-.,-:<:..'^:-^f.^- Date of Certification (nnn/'dd.'yny): 3/12'2020 UmaU: tcook^rinconcQnsultants. com Hione Number: 805-644-4455Address: ISO ^. Ashwuud Ave, Ventura, CA 93003 "An indh'idual execntive or finaiicial ofticer of the conauttant's or subconsultant's organization at a level no tower than a Vice President or a Chief Financial Officer, or equivalent, who has autliority to rqireaent the financial infonnatwn utilized to establishthe cost proposal for the eontiact.List services the consultant is vidin under the ro eduonlraut:Enviruimiiaital monitoring surviues January 20U
EXHIBIT A
Local Assistance Procedures Manual Exhibit 10-H2 .*;
iI
I6.
u>
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL PAOB 1 OF 3
SPECIFIC RATE OF COMPF-NSATION (TJSE FOR ON-CAT.L OR AS-NEEDEDCONTR-^CTS) (CONSTRUCTION ENGINEERING AND IKSPECTIONCONTRACTS)
Note Mark-ups are Not Allowed
Consultant Channel lalanifa Restoration
ProjectNo. Con.teactlso. Participation Amount $
or om ine te
For Honie Oft'ice Rate
For Field Office Rate
ringe enff 'I %
10.00%
Fringe Benefit %Fringe Betiefit %
+
++
'enera . miMStraUon %
3.00%
ORGeneral Administration %Getieral Adminiatration %
UaM 3/12/2U20
13.00%
Fee
Combined ICR%C-ombined ICR%
13%
BILLING INl'iQUMA'flON CALCULAT10?il INl'OUMA'UO^
Name/Job Title/C]assification1
R1ihu Oevirty.
Senior Ecoliigist
Kevin Thoropson
Operations Manager
DougMoreaa
Project Manager
Crew Leader
Field Techtiician
Ilourly Billing Rates*
Straight1
$127.69$131.52$135.47$108.54$111.79$115. 15$102. 15$105. 22 $10!f.37
SS3.W
SS5.49
$88.05$44.69$46.03$47.41
OT(1.5x)
$191.541S197.28.S2($11
S 167.69$172,72
8153.23
$157.S2
SlfSl:$128.23S132. 0S
S67.04$69.05$71. 12
OT(2x)
S255.38S263.04S270.93
S217OTS223.59S230.29S204.30S210.43S216.75S 166. 00
Sl 70.98Sl 76. 11
S89.38
S92.06S94-g3
Effective date of hourly rate
From
1/1. ,.'2020
1/1Q02I1,"1('20221/1/2020
1/1/2021n/20221/1/20201/1/2021L'l--'2022
1/1/-2020
1/1/20211/1/20221/1/20201/1/20211/1/2022
To
12/31/2020
12/31/202112/31/202212/31/2020
12/31/2021
12/31/2022
12/31/2020
12/31/2021
12/31^02212/31/2020
12/31/2021
12,'31/2022
12/31/2020
12/31/202112/31/2022
Actual nr Avg.
HouTl'Raie'
$100.00$103.00
$106.09
»s5.no$87. 55$90. 18
$80. 00
$82. 40$84.S7$65.00$66.95
$68-96$35.00$36-05$37. 13
% or $ Hourly Range - for
Increase Classifications Only
Not AiyliuHble
3.00%
3.00%
Not Applicable
3.00%3.00%
Not Applicable
3.00%
3.W/0
Not Applicable
3.0W/03.dCi%
Not Applicable
3l:uj%3, 00%
(Add pages w necessary)
,Q
January 2018
EXHIBIT A
Local Assistance Procedures Manual Exhibit 10-H2
Coat Prupusal
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IIll
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S. %-5 . o> a> iIKi
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1.111
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EXHIBIT 10-H2 CX>ST PROPOSAL PAGE 2 OE 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS.NEEDED CONTRACTS) (CONSTRUCTION ENOINEERNO AND IKSPE010N CONTRACTS)
Note; Mark-ups are Not Allowed
Consultant -hannc Is) nds cstoration
to. Contract No.
BILLING INFORMATION
Nam&'Job Titlc/ttlassitication1
GIS Technician
Administrator
Kelle OrecnNursery Manager
Hourly Billing Rates*
Straight' QT(l. Sx)
$83.00$85.49
$88. 05$76. 61$78.91$81.28$95. 77$98.64
$101.60
S124.50S128.23S132. 0S$114.92S11S.37fi$147.96$152. 40
OT(2x)
S 166.00S 170.98S176.11S 153.23S157.S2S 162.56
S191.54
S 197.28
S2U3. 2U
ElTeutive dute of hourly rate
From To
1/1/20201-1/20211/1/20221/].'2020
L'1,'2021
1/1/2022
1/1/20201/1/2021 .I ,1/2022
12/31/202012/31/202]12/3]'-202212/31/202012/31/202112/31/2022 l2/31;2020
12/31/202112/31/2U22
Date 3/12'2020
CALCUL. 'ITIONINFOBMATION
Actual or Avg.
TIourlvRRte
$65. 00$66.95168. 96$60. 00$61. 80
$63.65$75. 00$77.25$79. 57
% or $ Hourly Range - for
Increase Classifications Oiilv
Not Applicable
3.00'/D3. 1Xi°/6
Not Applicable
3.01:1%3.WM
Not Applicable
S. iW/o
a. tw'ii
NOTES:
1. K^y pdsonnel mu»t be marited wifli an asterisk (.) and employees that arc aibjcct to prevailing wage r8qiiiremfnts must be marked \rith two asterisks (**). All costs must comply with the Federal cost principles. Siibconsultants will pirovide their own cost proposals,
2. The cost proposal fonnut shall not be amended.3. Billing rate = actual hourly rate * (l^ ICR) * (1+ Ftie). Indirect cost rates shall be updated un an annual basis in acconlanue wilh Ihe ronsultont's iinnual accounting periud md established by a eugniaant agmuy or atwpted by Ctiln-fms. All uosls must comply vafh the Federal cost prinuiples 1'or reimbuisement.
4. FuTTBimed employees and key personnel enter the actual hourly rait:. For diKsilications only, isnttii the Aviirage Hourly Rulii for that classitiualiun.
January 2018
EXHIBIT A
Local Assistance Procedures Manual Exhibit 10-H2
Cost Proposal
I
d:
IIs
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Jl 32
IIII
cfl
'5 co
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sw
(0
^1. "^?
Its" s IIlla:. I>s?Wi3 lit 11 II£is'2 1-SJJ
'iJS
EXHUtIT 10-112 COST PROPOSAL PAGE 3 OF 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CATA OB ;\S-NEEDED CONTR,\CTS) (CONSTRUCTION ENCrINEERNG AND INSPECTION COKTRACTS)
Note: Mark-ups are Not Allowed
Consultant: Channel Islands RestorationProject No. Contract No. ParticipauonAinouiitS Date 3/12/2020 SCHEDULE OF 01'HER Da<ECT COST ITEMS (Add additlunal pages as nwesiiary) Description Quunttty Unit Unit Cast Total of Bern .Mileage Costs EquipllientRentaland SiypliesPermit Fees
Plan Sheets
Test
\fehicle
Subconsultant 1;Subcoreultanl 2:Subconsultant 3:SubcuiBultanl 4- Subcoraultaiil 5:
Note Add additioiial pages ifnecsssaiy.
NOTES:
1. Ust direct cost items with estimateii costs. These costs Aould be «imp«titive m ifaeir respective jndustriss and supported with appropriate documentalions.
2. Proposed ODC items should be consistendyhilled iqardlessofcUeait and contiacttype
3. Items wlien incurred for flie snme pmpose, in like circumstance, sliould not he iiicluded in an'/ iiuiireot cost pool 01 ill die overliead rate,
4. items siich as special tooling, will be rcimbuiscd atiusnial enst mth siipixyting Aiciunsntation (invoice).3. Items listed above Uint woulil h; considn-. id .'tools cfthe trartc" ans not rambiirsabls w otliar (lirect coa.6, 'I'tsvel Tslatul cnsts sliodd be pre-approvcd bylhe contnicting agi3iw imcl shftll not excsed cimait State Bepartmcnt or'I'en-onnel Adinitli&tRition rules.
It'nrilease is claimed, lie rau should bs properly supporiEd by- the coiUiLiltant's calculation of their aiitiwl costs for eoinixm}- vBhiele],. In addition, Ae niUa> claim8d should te suiiixitted by imlcajic logs.
S. It'a uinBultaiit piopos&s rtiiilal cdsite for a vehicle, Uie COIT^UIV must ilemonslrate llul Itns is Uieu- stmdmd piwedun; I'or ati ot'Uteir euntiacte aiid tlal Itey do not uvvii any veludes that could, be. iisal for (lie saiie puipose.
9. Tlie cost proposal fuiimt slBll iiol be iiniisntted. All wsls niiut wanpty will) Uis Fedaial cost priiuapltfs.
10. AildaddiliuiBilpi^eiiifiiecessay.11. Subcuiisulliailii uiusl pr(n'i<fc llisir own cost iH'upus. als.
January 2018
EXHIBIT A
Local Assistance Procedures Manual Exhibit 10-H2
II
ILXmBIT 1&-IU COST PROPOSAL PAGE 3 OF 3
Certification of Direct Costs:I, the undersigned, certify to the best of my taiowlcdgc and belief that all direct costs identified on the cost propogal(s) in thiscontract are actual, roiisonablc, allowable, and alloeablc to the contract in accordance with the contract tcmis and the followingrequirements:
s
s
j
!i
(S
1. Gunci-ally Aucepted Accounting 1'rinciples (GAAP)
2. Tenns and cunditiuns of the contract3. 'I'itle 23 United Stalug Cuds !?eutiunI12 - LeUing of Coalracts4. 4»C<»A;ufFedwalRe|fulatiunsPart31 -ContraulCoatPrinttiplesandPrucedures
5. 23 Code ofl'ederal Re(n»lalion» Part. 172 - Proeurenient, Management, and Adminislralion of Engineering and Uesign Related Service
6. 48 Code of Federal Reiiulatiuns Part (><W4 - Cost Aceounliiiy Standards Board (when applicable)All costs must be applied eonsistenlly and faiily to all conlracts. All documentation of compliance must be fielained in the project£Ues and be in compliance with applicable federal and slate requirements. Costs that are noncompliant with the federal and staterequirements are not eligible for reimbursement. .s
.t it
s I
Ps II!Illslir^IJSi llii
Prime Consultant or Subcunsultant CertilunaLName: Ulihu Gevirty. Title*: Senior Eculu 'st S^nature: <^^^tvl, , UaleofCertri ua(i<a(mm, ''dd./yyyy): 03/12/2020 UmaU: elihu.'^uinfBb. ur Phoue Number: 805-448-4175
Address: 928 ' mtta-iaSlTce^ Suite 3, S<mta Barbara, CA 93103 "An individual executive or financial oflRoer of the consuttant's or subeonsultant's organization at a level no lower than a Vice President or a Chict'Financial Officer, or cquivalart, who has authority to represent the financial information utilized to establishthe cost proposal for the contract.
List services the consultant is providing under the proposed contract:
Restoration maintenance services
^v\
ufid: January 2018
EXHIBIT A
ACORtiT CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDWYYY) 12/17/2020 5/29/2020
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).
PRODUCER Lockton Insurance Brokers, LLC S?!SI^A
777 S. Figueroa Street, 52nd Fl. PHONE
CA License #OF15767
Los Angeles CA 90017
(213)689-0065
F^NO=
INSURED
1462718 Rincon Consultants, Inc.
ISON. AshwoodAve.
Ventura CA 93003
E t .
E-MA!L.
ADDRESS:
INSURERS AFFORDING COVERAGE
INSURER A : Cram & Forster S ecial Insurance Co
INSURER B : Hartford Fire Insurance Corn an
INSURER c: Starstone National Insurance Corn an
INSURER D :
NAIC#
44520
19682
25496
INSURER E:
INSURER F:
COVERAGES MNC001 CERTIFICATE NUMBER: 16777275 REVISION NUMBER: XXXXXXX
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. '^
A
B
A
x
x
x
TyPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
CLAIM S-MADE
SIR: $50 000
P&I
X I OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY | | JE'CT I_I LOG
OTHER;
AUTOMOBILE UABILITT
x
x
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
UMBRELLA LIAB
EXCESS LIAB
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
X OCCUR
CLAIMS-MADE
ADOL SUBR
POLICY NUMBER
EPK-125280
POLICY EFF E&^^ LIMITS
12/17/2018 12/17/2020 EACH OCCURRENCE
Y 72UUNCB5288 2/1/2020 2/1/2021
DED X RETENTIONS 10000
WORKERS COMPENSATION
AND EMPLOYERS' UABILITY y; N
ANY PROPRIETOR/PARTNERCXECUTIVE
bFFICER/MEMBERB<CLUDED? | N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Contractors Pollution Liab
E&O Liab.-Claims Made
N;A
N EFX-114134
T10200329
N EPK-125280
12/17/2019 12/17/2020
MED EXP (Any one person)
PERSONAL &ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTl'DAMAGE
Per accident
EACH OCCURRENCE
AGGREGATE
$ 3,000.000
$ 100.000
t 10000
$ 3 000 000
$ 4 000 000
$ 4 000 000
$
t 1 000 000
»xxxxxxx
t XXXXXXX
$ xxxxxxx
$ xxxxxxx
$ 5 000 000
$ 5 000 000
$ xxxxxxx
2/1/2020 2/1/2021
PER_
STATUTE JSH12/17/2018 12/17/2020
x
E. L. EACH ACCIDENT $ 1 000 000
E.L. DISEASE-EA EMPLOYEE $ 1 000000
E.L. DISEASE - POLICY LIMIT $ 1 000 000
Limit: $3,000, 000/$4, 000, 000
Limit: $3,000,000/$4,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Las Positas and Modoc Roads Multiuse Pathway Project. The City of Santa Barbara, its officers, employees and agents are an Additional Insured to the extent provided by the policy language OT endorsement issued or approved by the insurance carrier. Waiver of Subrogation applies j>er attachedendorscment(s) or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsement or policy language. Referenced Excess or Umbrella Liability policy is follow underlying policies as provided on the policy or endorsements.
Insurance provided to
low form to all
CERTIFICATE HOLDER
16777275
City of Santa Barbara
P.O. Box 1990
Santa Barbara CA 931021190
CANCELLATION See Attachments
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPR
ACORD25(2016/03)
©1 88-201 C
The ACORD name and logo are registered marks ofACORD
D CORPORATION. All rights reserved.
EXHIBIT A
Attachment Code: D567517 Master ID: 1462718, Certificate ID: 16777275 City of Santa Barbara
P.O. Box 1990
Santa Barbara, CA 931021190
To whom it may concern:
In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery 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 16777275. . Email: PacificeDelive lockton.com
. Phone:(213)689-2300
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 below are for automating electronic delivery of certificates only. Please do NOT send future certificate requests to the above inbox or call into the number below.
Thank you for your cooperation and willingness in reducing our enviromnental footprint.
Lockton Insurance Brokers, LLC - Pacific Series
Lockton Insurance Brokers, LLC
l-icense#()l 157A7
S Figueroa Street. 52nd Fl / Los Angeles. ('A %017-5524 213-689-0065 / FAX: 213-689-0550
lockton. com
EXHIBIT A
Attachment Code: D563840 Certificate ID: 16777275
Policy Number: EPK-125280
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
SCHEDULED PERSON OR 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
Blanket when specifically required in a written contract with Blanket when specifically required in a the named insured, written contract with the named insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
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) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" cause, in
whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the
additional insured(s) at the location(s) designated above.
With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
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 location of the covered operations has been
completed; or
2. That portion of "your work" out of which the injury or damage arises has been 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.
EN0321-0211 Page 1 of 1
EXHIBIT A
Attachment Code: D563841 Certificate ID: 16777275
Policy Number: EPK-125280
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
CO PLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Person(s) or Organ ization(s): Location And Description Of Completed Operations Blanket when specifically required in a written contract with the Blanket when specifically required in a written named insured, contract with the named insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III - Who Is An Insured within the
Common Provisions is amended to include as an
insured the person(s) or organization(s) shown in the
Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that
additional insured and included in the
"products-completed operations hazard".
EN0320-0211 Page 1 of 1
EXHIBIT A
Attachment Code: D563842 Certificate ID: 16777275
Policy Number: EPK-125280
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 Organ ization(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
EXHIBIT A
Attachment Code: D563844 Certificate ID: 16777275
Policy Number: 72UUNCB5288 COMMERCIAL AUTOMOBILE
HA99160312
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CO ERCIAL AUTO OBILE BROAD FOR
ENDORSE ENT
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.
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
Paraaraoh A. 1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
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 ISAM INSURED
- of Section It - 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."
FormHA99160312
© 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 1 of 5
EXHIBIT A
Attachment Code: D563844 Certificate ID: 16777275
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 noncontributory 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
OR LOSS - OF SECTION IV -
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
E. Primary and Non-Contributory if
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:
(1) The total amount that all such other
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:
FormHA99160312
©2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 2 of 5
EXHIBIT A
Attachment Code: D563844 Certificate ID: 16777275
If an "employee's" personal insurance also
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
be primary to the "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),
memhprs ^ifvnii are a limitpri liahilitv r-nmnanv^
5. PHYSICAL DAMAGE - ADDITIONAL
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
Under Paragraph B. EXCLUSIONS - of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8. ELECTRONIC EQUIPMENT -BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
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
housing any electronic
equipment described in
Paraaraohs C\) and (2) above: or
FormHA99160312
©2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 3 of 5
EXHIBIT A
Attachment Code: D563844 Certificate ID: 16777275
(4) Necessary for the normal
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b.Section III -Version CA 00 01 03 10 of the
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;
(2) Removable from a permanently
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.
9. EXTRA EXPENSE - BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
Ill - 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
Ill - PHYSICAL DAMAGE COVERAGE, the
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
Ill - PHYSICAL DAMAGE COVERAGE, the
following is added:
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.
12. AMENDED DUTIES IN THE EVENT OF
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.
13. UNINTENTIONAL FAILURE TO DISCLOSE
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:
FormHA99160312
© 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 4 of 5
EXHIBIT A
Attachment Code: D563844 Certificate ID: 16777275
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 VDEFINITIONS 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
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
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.
18. HYBRID, ELECTRIC, OR NATURAL
VEHICLE PAYMENT COVERAGE
GAS
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
maximum of $2. 500, of the "non-hybrid" auto's
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,"
c.Regardless of the number ofautos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"toss" 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.
FormHA99160312
© 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 5 of 5
EXHIBIT A
Attachment Code: D565978 Certificate ID: 16777275
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
Schedule
WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE
CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF
LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE
SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT
BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE.
Missouri Special Note: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.
Per Polic Minimum Waiver Premium b State:
AL, AR, CA, CO, CT, DC, HI, ID, IL, IN, IA, KS, ME, MD, Ml, MN, MS, MT, NV, NM, OH, OK, OR, PA, Rl, SC, SD, UT, VT, WA, $500: VW
$250: AK, DE, LA, NY, TN, VA
$100: NC (per waiver)
$50: Wl
N/A: AZ, FL, CA, KY, MA, MO, NE, NH, NJ, TX
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 2/1/2020 Policy No. T10200329
Insured Rincon Consultants, Inc.
Insurance Company StarStone National Insurance Company
Endorsement No. 10
Policy Effective Date 2/1/2020
Countersigned By
WC 00 03 13
(Ed. 4-84)
Copyright 1983 National Council on Compensation Insurance.
EXHIBIT A
1 CONTRACT NO. 26,724.1
First AMENDMENT to
SANTA BARBARA CITY AGREEMENT NO. 26,724
AGREEMENT FOR PROFESSIONAL SERVICES
This Amendment to Agreement No. 26,724 is made as of March 1, 2022, by and between the City of Santa Barbara (“City”) and Rincon Consultants Inc. (“Contractor”).
It is mutually understood and agreed by the City and the Contractor that the Agreement No. 26,724 is amended as follows:
1. The scope of work under the Original Agreement is amended to add the work described in the Contractor’s letter dated January 27, 2022, attached to this Amendment as Attachment A.
2. This Amendment increases the total compensation for all services under the Agreement by $383,719 for a new not-to-exceed dollar amount of $1,328,667 for all services.
3. The City and Contractor agree that, except as amended by this Agreement, all terms and conditions of the Agreement No. 26,724 remain in full force and effect, and that the provisions of this Amendment shall become a part of the Agreement as if fully written therein.
4. This Agreement may be executed in any number of original counterparts. The Agreement will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same Agreement.
Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet dropbox, facsimile, or similar other standard interchange format capable of reproduction and storage.
EXHIBIT A
2 IN WITNESS THEREOF, the parties hereto have executed this Agreement in triplicate as of the day and year first above written.
By: _______________________________
Clifford M. Maurer, P.E.
Public Works Director
Rincon Consultants, Inc.
___________________________________
___________________________________
Signature
___________________________________
Type or Print Name
___________________________________
Title
___________________________________
Address
___________________________________
City State Zip
___________________________________
Telephone Number
APPROVED AS TO FORM:
Ariel Pierre Calonne, City Attorney
By:
Daniel S. Hentschke
Assistant City Attorney
Christopher Julian
Principal
209 E. Victoria Street
Santa Barbara, Ca 93101
(805) 453-5794
EXHIBIT A
CONTRACT NO. 26,274.1
First AMENDMENT to
SANTA BARBARA CITY AGREEMENT NO. 26,724
AGREEMENT FOR PROFESSIONAL SERVICES
Exhibit A
3 EXHIBIT A
Rincon Consultants, Inc.
209 East Victoria Street
Santa Barbara, California 93101
805 319 4092
info@ri n conconsultants.com
www.rinconconsultants.com
Environmental Scientists Planners Engineers
January 27, 2022
Project No: 20-09310
Alex Ubaldo
Supervising Engineer
City of Santa Barbara Public Works Department
630 Garden Street
Santa Barbara, California 93102
Via email: [email protected]
Subject: Budget Amendment Request – Phase I, Task 2: Mitigation Installation (Installation + First 6 Months of Year 1) and Phase II, Task 2: Maintenance and Monitoring of Mitigation Sites (6.5-year period), Las Positas and Modoc Roads Multi-Use Pathway Project, Santa Barbara, California 93103
Dear Mr. Ubaldo:
Rincon Consultants, Inc. (Rincon) appreciates the opportunity to provide this budget amendment request to the City of Santa Barbara (City) Public Works Department for the Phase I, Task 2 and Phase II, Task 2 component of the original contracted scope of work (Agreement 26,724, Dated July 9, 2020) for the Las Positas and Modoc Roads Multi-Use Pathway Project (Project). This request outlines Rincon’s revised Scope of Work and Cost Estimate for the Project, and the resulting budget amendment that is required. Per the City’s request, this budget amendment request is for new mitigation installation tasks and the 7-year maintenance and monitoring period, with emphasis on the revised scope of work and estimated costs for Channel Islands Restoration (CIR), the Restoration Maintenance Contractor.
Specifically, this budget amendment request has been prepared to address the addition of installation tasks at Elings Park. Additionally, this budget amendment request addresses adjustments in the pathway and off-site mitigation sites and therefore the approach for the maintenance and monitoring period for the Project.
Adjustments to the original scope are needed as there are now three off-site mitigation sites located at:
1) Mesa Creek, 2) Elings Park - Coast Live Oak Grove (Oak Grove), and 3) Elings Park - Veterans Memorial Walk (Memorial Walk). Detailed discussions of the mitigation sites can be found in the Mitigation Plan for Impacts to Jurisdictional Waters and Uplands (Rincon, September 2021). Changes have also been made for maintenance activities associated with the on-site landscaped area along the multi-use pathway (Native Landscaping Along Pathway). Figures for each mitigation site and the multi-use pathway are presented in Attachment 1.
The original scope of work for Phase I, Task 2 Mitigation Installation (Installation + First 6 Months of Year 1) did not include installation labor to be performed by Rincon’s Restoration Contractor at the off-site mitigation site as that effort was to be performed by the General Contractor. Per the City’s request, installation at the off-site mitigation sites, identified to be at Elings Park, has now been added to our scope of work. Rincon’s oversight of this installation effort, although expanded, remains largely unchanged. Costs associated with the expansion of Rincon’s oversight effort (Task: P1T2b.1) are not First AMENDMENT to
SANTA BARBARA CITY AGREEMENT NO. 26,724
AGREEMENT FOR PROFESSIONAL SERVICES
Exhibit A
4 EXHIBIT A
City of Santa Barbara Public Works Department
Budget Amendment Request
Las Positas and Modoc Roads Multi-Use Pathway Project